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

A CONSTITUTION 

OB 

FOKM OF GOVERNMENT 

FOB THE 



PREAMBLE. 

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 Body politic, 
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 Plights 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. 

Equality and Aet. I, All men are born free and equal, and have cer- 
ofaiimeJf ^ taiii natural, csscntial and Unalienable rights ; among which 
may be reckoned the right of enjoying and defending their 
lives and liberties ; that of acquiring, possessing and protect- 
ing property ; in fine, that of seeking and obtaining their 
safety and happiness. 
Kight and duty 11. It is the right as well as the duty of all men in society, 
gious^worship. piiblicly, and at stated seasons, to worship the Supreme 
Being, the great Creator and Preserver of the universe. 
Protection And uo subjcct shall be hurt, molested or restrained, in his 
therein. persou, liberty or estate, for worshipping God in the manner 

and season most agreeable to the dictates of his own con- 
science ; or for his religious profession or sentiments ; pro- 
vided he doth not disturb the public peace, or obstruct others 
in their religious worship. 

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

-'^ft- ^l-' sub- tioQ 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- ^•'^"^ ''"' V'^^^Yi religion and morality ; Therefore, to promote their happi- 

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

coi^pel pro- ^j^g people of this Commonwealth have a right to invest their legislature 

worsMp^^" with power to authorize and require, and the legislature shall, from time 

to time, authorize and require the several towns, parishes, pi'ecincts, 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 Pi-otestant 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 j^ereon'^'^'^ 
attendance upon the instructions of the public teachers aforesaid, at stated 
times and seasons, if there be any on whose instructions they can consci- 
entiously and conveniently attend 

Provided, notwithstanding, that the several towns, parishes, precincts. Exclusive right 
and other bodies politic, or religious societies, shall at all times, have the of electing re- 
exclusive right of electing their public teachers, and of contracting with g'^c^e'd.*'^'^ ^" 
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 cii'lartixesmav 
applied to the suppoi-t 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 theisaid moneys are raised. 

And every denomination of Christians, demeaning themselves peace- All denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under p^o^lc^ted^"^ 
the protection of the law : and no subordination of any one sect or denom- Subordination 

ination to another shall ever be established by law.] ^* °!lf ^^'^^ ^° 

•' -■ another pro- 

hibited. 

IV. The people of this Commonwealth have the sole and Right of seif- 
exclusive right of governing themselves as a free, sovereign fecur"™^''' 
and independent State ; and do, and forever hereafter shall, 
exercise and enjoy every power, jurisdiction and right, which 

is not, or may not hereafter, be by them expressly delegated 
to the United States of America, in congress assembled. 

V. All power residing originally in the people, and being Accountabmty 
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 Services ren- 
any other title to obtain advantages, or particular and exclu- pubuc being 
sive privileges, distinct from those of the community, than pecu°rar prilV" 
what arises from the consideration of services rendered to '*'«•:*' ^^■"'g'^^- 
the public ; and this title being in nature neither hereditary, absurd and 
nor transmissible to children or descendants, or relations by "'^^*'^'''*^' 
blood, the idea of a man born a magistrate, lawgiver or 

judge, is absurd and unnatural. 

VII. Government is instituted for the common good ; for objects of gov- 
the protection, safety, prosperity and liappiness of the people; ot-'p'^opiJ t" m- 
and not for the profit, honor or private interest of any one gJl^n^Vlt^ 
man, family or class of men : Therefore the people alone 

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

VIII. In order to prevent those who are vested with 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 



lie uses with 
out, &c. 



6 CONSTITUTION. 

by their frame of government, to cause their public officers 
to return to private life ; and to fill up vacant places by 
certain and regular elections and appointments. 
AJ^ having the IX. All elcctious ought to be free ; and all the inhabi- 
prescribed, tauts of this Commonwcalth, having such qualifications as 
to office.^^*^^**^ they shall establish by their frame of government, have an 
equal right to elect officers, and to be elected, for public 
employments. 
Eight of protec- X. Each individual of the society has a right to be pro- 
of contribution tcctcd by it in the enjoyment of his life, liberty and property, 
correlative. accordiug to standing laws. He is obliged, consequently, to 
contribute his share to the expense of this protection ; to give 
Taxation hig personal service, or an equivalent, when necessary : but 

founded on con- . p ,1 , n ■ t • \ ^ -ji • x- 

sent. no part oi the property oi 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 
Private prop- representative body have given their consent. And when- 
taken forpub- ever the public exigencies require that the property of any 
individual should be appropriated to public uses, he shall 
receive a reasonable compensation therefor. 
Eemedies by re- XI. Evcry subjcct of the Commonwealth ought to find 

course to tiiG •/ V cj 

law, to be free, a Certain remedy, by having recourse to the laws, for all 
p?™mpt!^ '"^'^ 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, 
conformably to the laws. 
Prosecutions XII. No subjcct sliall be held to answer for any crimes 

reg ate ^^, offeucc until the same is fully and plainly, substantially 

and formally, described to him ; or be compelled to accuse, 
or furnish evidence against himself: and every subject shall 
have a right to produce all proofs that may be favorable to 
him ; to meet the witnesses against him face to face, and to 
be fully heard in his defence by himself, or his counsel, at 
his election. And no subject shall be arrested, imprisoned, 
despoiled or deprived of his property, immunities or privi- 
leges, put out of the protection of the law, exiled or deprived 
of his life, liberty or estate, but by the judgment of his peers, 
or the law of the land. 
Right to trial by And the legislature shall not make any law that shall sub- 
inai cases, ex- jcct any pcrsoii to a capital or infamous punishment, cxcept- 
^^ ' °' ing for the government of the army and navy, without trial 

by jury. 



CONSTITUTIOX. 7 

XIII. In criminal prosecutions, the verification of facts, crimes to be 
in the vicinity where they happen, is one of the greatest vfckTit/." 
securities of the life, liberty and property of the citizen. 

XIV. Every suliiect has a rioht to be secure from all J'.'i'Ii:*'^ ^r/Jl^ 

•'t' o auQ seizure reg* 

unreasonable searches and seizures of his person, his houses, mated, 
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. 

XV. In all controversies concerning property, and in all j^ry^sacrldfex^ 
suits between two or more persons, except in cases in which <=ept, &c. 

it has heretofore been otherways used and practised, the 
parties have a right to a trial by jury ; and this method of 
procedure shall be held sacred, unless, in causes arising on 
the high seas, and such as relate to mariners' wages, the 
legislature shall hereafter find it necessary to alter it. 

XVI. The liberty of 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. 

XVII. The people have a right to keep and to bear arms Eight to keep 
for the common defence. And as, in time of peace, armies standing"™*' 
are dangerous to liberty, they ought not to be maintained ^j^f 'miffJiy 
without the consent of the legislature; and the military p?"'"^"*^?'":, 

QJ.IlBt6 to civil 

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

XVIII. A frequent recurrence to the fundamental prin- siorai quaMca- 
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 oWiga- 
and magistrates, an exact and constant observance of them, ^veL^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- Ri?ht of people 
able manner, to assemble to consult upon the common good ; resln'taTives'^^^* 
gi^ve instructions to their representatives, and to request of fe^i^l^^!^ 
the legislative body, by the way of addresses, petitions or 



8 CONSTITUTION. 

remonstrances, redress of the wrongs done theip, and of the 
grievances they suffer. 
T^ild^iil^ilws ^^' '^^^^ power of suspending the laws, or the execution 
or tiieir execu- of the laws, ought novcr 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 .i-i />ii.i • • ^ 

reason thereof, either liousc 01 the legislature, is so essential to the rights of 
the people, that it cannot be the foundation of any accusa- 
tion or prosecution, action or complaint, in any other court 
or place whatsoever. 
fioZ'auVob- XXII. The legislature ought frequently to assemble for 
jects thereof, the rcdrcss of grievances, for correcting, strengthening and 
confirming the laws, and for making new laws, as the com- 
mon good may require. 
ft)uud"d'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, 
liwfjro^'^''*" 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. 
Legislature not XXV. No subicct ouo;ht, ill any case, or in any time, to 

to convict of iTi 1 •to oJ J iii-i 

treason, &c. be declared guilty ot treason or lelony by the legislature. 
^ or^tin^clyind'^ XXVI. No magistrate or court of law shall demand 
cruel punish- exccssivo bail or sureties, impose excessive fines, or inflict 

ments prohib- , i • i , 

ited. cruel or unusual punishments. 

^uartefed^ta *^^ XXVII. In time of peace, no soldier ought to be quar- 

any house, nn- tcrcd ill any liouso without the consent of the owner ; and in 

" ' ■ time of war, such quarters ought not to be made but by the 

civil magistrate, in a manner ordained by the legislature. 

empt7ronfiaw- XXVIII. No pcrsou cau in any case be subjected to law- 

martiai, unless, 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. 

premiydicM XXIX. It is csseiitial 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 indapendent as the 

office^ °^ *^^''' 1^* o^ 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 dida",^irndiog. 
judicial powers, or either of them : the executive sliall never me^nisf '^^'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 Titieof body 
Province of Massachusetts Bay, do hereby solemnly and ^*^ ' ^'^' 
mutually agree with each other, to form themselves into a 
free, sovereign and independent body politic or state, by the 
name of The Commonwealth of Massachusetts. 



CHAPTER I. 

THE LEGISLATIVE POWER. 

Sectiok I. 

The General Court. 

Art. I. The department of legislation shall be formed Le^siative de. 
by two branches, a Senate and House of Rq^resentatives ; 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 of 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. iBut if he have any 



10 CONSTITUTION. 

objection to the passing of such bill or resolve, he shall return 
the same, together with his objections thereto, in writing, to 
the senate or house of representatives, in whichsoever the 
same shall have originated, who shall enter the objections 
sent down by the governor, at large, on their records, and 
Bm may be proceed to reconsider the said bill or resolve ; but if, after 
twr^8 of cacTi°" sucli rcconsideration, two-thirds of the said senate or house 
stantog?*^^"^' ^^ representatives shall, notwithstanding the said objections, 
agree to pass the same, it shall, together with the objections, 
be sent to the other branch of the legislature, where it shall 
also be reconsidered, and if approved by two-thirds of the 
members present, shall have the force of a law : but in all 
such cases, the votes of both houses shall be determined by 
yeas and nays ; and the names of the persons voting for or 
against the said bill or resolve, shall be entered upon the 
public records of the Commonwealth. 
See amend- 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. 
may^constitSe ^^^' ^^^^ general court shall forever have full power and 
J,udk;atories, authority to erect and constitute judicatories and courts of 
ord, &c. 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, 
Courts, &c., personal or mixed ; and for the awarding and making out of 
™athJ!^™^'"^*^^ 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. 
SiySctTaws, ^^' ^"^ further, full power and authority are hereby 
&c., * given and granted to the said general court, from time to 

time, to make, ordain and establish all manner of wholesome 
and reasonable orders, laws, statutes and ordinances, direc- 
tions and instructions, either with penalties or without, so as 
not repugnant the Same be not repugnant or contrary to this constitution, 
to the constitu- ^^ ^j^^^ gj^^|j 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. H 

and settle annually, or provide by fixed laws, for the naming may provide for 
and settling, all civil officers vs^ithin the said Commonwealth, appointmeut of 
the election and constitution of whom are not hereafter in ^^'^^'^^' 
this form of government otherwise provided for ; and to set prescribe their 
forth the several duties, powers, and limits, of the several ^^^^^^' 
civil and military ofiicers 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- 
reasonable duties and excises upon any produce, goods, "^*^^' 
wares, merchandise and commodities whatsoever, brought 
into, produced, manufactured, or being within the same ; to to be disposed 
be issued and disposed of by warrant, under the hand of the protectiou°&c'. 
governor of this Commonwealth, for the time being, with the 
advice and consent of the council, for the public service, in 
the necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation of 
the subjects thereof, according to such acts as are or shall 
be in force within the same. 

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



CHAPTER I. 
Section II. 

Senate. 

[Art. I. There shall be annually elected, by the freeholders and Senate, numbef 

other inhabitants of this Commonwealth, qualified as in this constitution °*!' *"** V^ . . 
■IIP, .1 -ii T . y .1 wliom elected, 

is provided, lorty persons to be councillors and senators, lor the year 

ensuing their election ; to be chosen by the inhabitants of the districts, pee araend- 

into which the Commonwealth may, from time to time, be divided by the ments, Aits. 

general court for that purpose: and the general court, in assigning the xxiV,^^^'**^*^ 

numbers 1o be elected by the respective districts, shall govern themselves 

by the proportion of the public taxes paid by the said districts; and timely 

make known, to the inhabitants of the Commonwealth^ the limits of each 



12 



CONSTITUTION. 



Counties to be 
districts, uutil, 
&c. 

Sec amend- 
ments, Arts. 
Xlll.andXXII. 



district, and the number of councillors and senators to be chosen therein: 
provided, that the number of such districts shall never be less than tiiir- 
teen ; and that no district be so large as to entitle the same to choose 
more than six senators. 

And the several counties in this Commonwealth shall, until the general 
court shall determine it necessary to alter the said districts, be districts for 
the choice of councillors and senators, (except that the counties of Dukes 
county and Nantucket shall i'orm one district for that ijurpose,) and shall 
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 counciilors. 

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



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



Word "inhabi- 
tant " deliiied. 



Selectmen to 
preside at town 
meetings. 



Return of votes. 



See amend- 
ments, Art. II. 



Amendments, 
Art X 



II. 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- 
monwealtb, 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 ofiice seventeen days at least before the said 
last Wednesday in May ; and the shenif 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- un^u^'[.porated 
fied as this constitution provides, who are or shall be plantations. 

, , . , '■ ' , . , , who pay State 

empowered and required to assess taxes upon themselves taxes.mayvote. 
toward the support of government, shall have the same 
privilege of voting for councillors and senators, in the plan- 
tations where they reside, as town inhabitants have in their • 
respective towns ; and the plantation meetings for that pur- plantation 
pose shall be held, annually, [on the same first Monday in "p^e'^amlnd- 
April,] at such place in the plantations, respectively, as the meats, Art. x. 
assessors thereof shall direct ; wdiich assessors shall have Assessors to 
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 senaturs, in the 
town where they shall be assessed, and be notified of the 
place of meeting, by the selectmen of the town where they 
shall be assessed, for that purpose, accordingly. 

III. And that there may be a due convention of senators Governor and 

r 11, -rrr i t • h r t n j1 COUllCll tO ex- 

[on the last \V ednesday m May,j annually, the governor, amine and 
with five of the council, for the time being, shall, as soon as and°issue ^sum. 
may be, examine the returned copies of such records ; and monses. 
fourteen days before the said day, he shall issue his summons see ?™^^- 
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, |^°f-^J,°^of 
returns and qualifications of their own members, as pointed eieetionst&c, 
out in the constitution ; and shall, on the said [last Wedncs- bers!"^'^'"*™' 
day in May,] annually, determine and declare who are elected 
by each district to be senators, I bv a maiority of votes : and ^ee amend- 

• 1 in , i" 1 /■ 11 1 i:- ments, Arts.X., 

m case there shall not appear to be the lull number ot scna- xiy. and 
tors returned, elected by a majority of votes, for any district, ^^^^^• 
the deficiency shall be supplied in the following manner, 



u 



CONSTITUTION. 



Vacancies, bow 
filled. 



Qualifications 
of a senator. 
See amend- 
ments, Arts. 
Xril. and 
XXII. 



Senate not to 
adjourn more 
than two days. 



Shall choose its 
ofBcers and 
establish its 
rules. 

Shall try all 
impeachments. 



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.] 

V. Provided, nevertheless, that no person shall be capa- 
ble of being elected 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 : l3ut 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. 16 

CHAPTEE I. 

Section III. 

House of Representatives. 

Art. I. There shall be, in the legislature of this Com- Representation 
monwealth, a representation of the people, annually elected, ° * epeope. 
and founded upon the priuciple of equality. 

[11. And in order to provide for a representation of the citizens of Keprpsenta- 
tliis Commonwealth, founded upon the principle of equality, every cor- c^o^sen/ ^ °™ 
porate town, containing one hundred and fifty ratable polls, may elect 
one representaMve ; every corporate town, containing three hundred and ^^® f™A°t" 
seventy-five ratable polls, may elect two representatives ; every corporate xn., XIII. and 
town, containing six hundred ratable polls, may elect three representa- 5X1. 
lives ; 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 lesl'than IW^ 
place shall hereafter be incorporated with the privilege of electing a ratable tolls, 
representative, unless there are within the same one hundred and fifty 
ratable polls.] 

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

The expenses of travelling to the general assembly, and ^fP^JIf^ °\^ 
returning home, once in every session, and no more, shall and from the 
be paid Ijv the government, out of the public treasury, to how paid?" * 
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 ^"a^fpresent- 
be chosen by written votes ; fand, for one year at least next ative. 
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 ^i^xxi.^' 
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 ag^, and resident Qualifications 
in any particular town in this Commonwealth, for the space of one year " ^''o er. 
next preceding, having a freehold estate within the same town, of the •'^ee amend- 
annual income of three jwunds, or any estate of the value of sixty pounds, in"^x:^'and 
shall have a right to vote in the choice of a representative or representa- \\ru. 
tives for the said town.] 



16 



CONSTITUTION. 



Representa- 
tivts, when 
ohosen. 
See amend- 
ments. Arts. X, 
and XV. 
House alone 
can impeach. 



House to origi- 
nate all money 
bills. 



Not to adjourn 
more than two 
days at a time. 



Quorum. 

See amend- 
ments, Art. 
XXI. 

House to judge 
of returns, &c., 
of its own 
members; to 
choose its offi- 
cers and estab- 
lish its rules, 
&c. 

Maypuni.sh for 
certain of- 
fences. 



Privileges of 
members. 



Senate. 

^Governor and 
Council may 
PHiiish. 

General limita- 
tiou. 



Trial may be by 
committer or 
otherwise. 



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

VI. 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. 

VIII. 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 them there- 
for ; or who shall assault or arrest any witness, or other 
person, ordered to attend the house, in his way in going or 
returning ; or who shall rescue any person arrested by the 
order of the house. 

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

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

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



CONSTITUTION. 17 

CHAPTER II. 
EXECUTIVE POWER. 

Section I. 

Governor. - 

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

II. The governor shall be chosen annually ; and no per- ^°n^,^,ii'^°^^" 
son shall be eligible to this office, unless, at the time of his Quaiincations. 
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 nfe^nt^s™^t 
Christian religion.] ^^^' 

rin. Those persons who shall be quali6ed to vote for senators and ^^ ^5'J°^ ^°' 
L ,. ^-i-.i , ^^i-/-i iiin sen, II he have 

representatives, within the several towns of this Lomraonwealth, shall, at a majority of 

a meeting to be called for that purpose, on the first Monday of April, votes, 
annually, give in their votes for a governor, to the selectmen, who shall See amend- 
preside at such meetings ; and the town clerk, in the presence and with Pl^^^*^' ^l^' 
the assistance of the selectmen, shall, in open town meeting, sort and audXV. 
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 sherifi" shall transmit the s.Tme to the secretary's office, 
seventeen days at least before the said' last Wednesday in Maj' ; 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 B«^ chosen, 
have a majority of votes, the house of representatives shall, by ballot, elect has^a majority? 
two out of four persons, who had the highest number of votes, if so many 
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 who shall be declared 
governor.] 

IV. The governor shall have authority, from time to ^^wer 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 

8 



18 • CONSTITUTION. 

council, for the ordering and directing the affairs of the 

Commonwealth, agreeably to the constitution and the laws 

of the land. 

Jl^oro^ue the °^ ^- '^^^^ govcruor, with advicc 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 dcsiro ; [and to dissolve the same on the day next pre- 

me^nfs?Al-t! X, Ceding the 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.] 

Governor and YI. In cascs of disao-reemeut between the two houses, 

council may ad- V" t . r- i- 

journ the gen- With regard to the necessity, expediency or time ot adjourn- 

eral court in , j.- xi -ii j • v J.^ 

cases, &c., but mcut or prorogation, the governor, with advice ot the coun- 
ni'ne^ty'day3°° cil, sliall have a right to adjourn or prorogue the general 
court, not exceeding ninety days, as he shall determine the 
public good shall require, 
^omm^nder"''^ VII. The govcmor of this Commonwealth, 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 tlie 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 bo 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- pardon of- 
ment of the house, shall be in the governor, by and with the ^^<=es, except, 
advice of council ; but no charter or pardon, granted by the But not before 
governor, with advice of the council, before conviction, shall '"'"*^^ °' 
avail the party pleading the same, notwithstanding any gen- 
eral OP particular expressions contained therein, descriptive 

of the offence or offences intended to be pardoned. 

IX. All judicial officers, [the attorney-general, the solici- ah judicial om- 
tor-general, all sheriffs,] coroners [and registers of probate,] nominated and 
shall be nominated and appointed by the governor, by and seramend- 
with the advice and consent of the council ; and every such ^iT^xv'^il 
nomination shall be made by the governor, and made at and xix. 
least seven days prior to such appointment. 

X. Tlie captains and subalterns of the militia sball be wiiitia 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 subalterns 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 How conunis- 

SX0I16d 

governor, who shall determine their rank. 

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



20 



CONSTITUTION. 



Major-generals, 
how appointed 
and commis- 
sioned. 

Vacancies, how 
filled, in case, 
&c. 



Officers duly 
commissioned, 
howremoved. 
See amend- 
ments, Art. IV. 

Adjutants, &c., 
how appointed. 

Adjutant-gen- 
eral. 

Army officers, 
how appointed. 



Organization of 
militia. 



Money, how 
drawn from the 
treasury, ex- 
cept, &c. 



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



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

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

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

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

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

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

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

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



CONSTITUTION. 21 

the condition of such forts and garrisons ; and the said com- 
maiKling ofl&cer 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 salaries of jns- 
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 
so established, are insufficient, they shall, from time to time, sufficient'. "^" 
be enlarged, as the general court shall judge proper. 



CHAPTER II. 
Section II. 

Lieutenant- Governor. 

Art. I. There shall be annually elected a lieutenant- Lieutenant- 
governor of the Commonwealth of Massachusetts, whose title mufand^quau- 
shall be — His Honor ; and who shall be qualified, in point fi'^'^^i""*- 
of religion, property, and residence in the Commonwealth, me^nf^Arts. 
in the same manner with the governor ; and the day and ind xv.' ^' 
manner of his election, and the qualifications of the electors, 
shall be the same as are required in the election of a gov- 
, ernor. The return of the votes for this officer, and the How chosen, 
declaration of his election, shall be in the same manner ; 
[and if no one person shall 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 govern- 
or, iu case, &c. 



and house of representatives, in the sanie 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. 



Council. 

See amend- 
ments, Art. 
XVI. 



Section III. 
Council, and the Manner of settling Elections by the Legislature. 

Art. I. There shall be a council, for advising the gov- 
ei-nor 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 he 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. 

No district to [IV. Not more than two councillors shall be chosen out of any one 

nave more than ^-.^^-^^^^ \^ this Commonwealth.] 



Number ; from 
wliom, andliow 
chosen. 

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



Senators be- 
coming council- 
lors, seats va 
cated 

Rank of coun- 
cillors. 



CONSTITUTION. 23 

V. The resolutions and advice of the council shall be Register of 

1 1 • • I 1 • 111 couucii, 

recorded in a register and signed by the members present ; 
and this record may he 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- Councutoexer- 
governor shall be vacant by reason of death, absence, or of goveruor,*^iji 
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 untU-'&"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, 
shall first be filled up; the governor and lieutenant-governor shall then A™s°xyi°*^d 
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, dbc. 

Art. I. [The secretary, treasurer and receiver-general, secretary, &c.; 
and the commissary-general, notaries public and naval offi- howch^en"^ 
cers, shall be chosen annually, by joint ballot of the senators menfs™!i\rt8 
and representatives, in one room.] And, that the citizens of iv. an'dxvii. 
this Commonwealth may be assured, from time to time, that J/'bie^formore^" 
the moneys remaining in the public treasury, upon the set- than five 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, toTttemuhe 
for whose conduct he shall be accountable ; and he shall fouuc3°&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, 



Tenure of all 
commission 
officers to be 
expressed. 
Judicial officers 
to hold office 
duriug good be- 
havior, except, 
&e. 

May be remov- 
ed on address. 



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



Justices of the 
peace ; tenure 
of their office. 



Provisions for 
holding probate 
courts. 



Causes of mar- 
riage and di- 
Torce, how de- 
termined. 



JUDICIARY POWER. 

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

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

III. In order that the people may not suffer from the 
long continuance in place of any justice of the peace, who 
shall fail of discharging the important duties of his office 
with ability or 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. 

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

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



CONSTITUTION. 25 

CHAPTER V. 

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

Section I. 
The University. 

Art. I. Whereas our wise and pious ancestors, so early Harvard coi- 
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 thl'^pVes'i'de^Lt 
corporate capacity, and their successors in that capacity, confirmed.^' 
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. 

H. And whereas there have been, at sundry times, by Property de- 
divers persons, gifts, grants, devisee 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 lellows 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, 
grants, devises, legacies and conveyances, arc hereby forever ces confirmed.' 
confirmed unto the president and fellows of Harvard College, 
and to their successors, in the capacity aforesaid, according 
to the true intent and meaning of the donor or donors, 
grantor or grantors, devisor or devisors. 

HI. And whereas by an act of the general court of the Board of over- 
colony of Massachusetts Bay, passed in the year one thou- c'l'^bypemiai ' 
sand six hundred and forty-two, the governor and deputy- ««"'■' oi i^is. 
governor, for the time being, and all the magistrates of that 
juribdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 



26 



CONSTITUTION. 



Overseers es 
tablished by 
coustitutiou. 



Harvard College ; and it being necessary, in this new con- 
stitution of government, to ascertain who shall be deemed 
successors to the said governor, deputy-governor, and magis- 
trates ; it is declared, that the governor, lieutenant-governor, 
council and senate of this Commonwealth, are, and shall be 
deemed, their successors ; who, with the president of Harvard 
College, for the time being, together with the ministers of 
the congregational churches in the towns of Cambridge, 
Watertown, Charlestown, Boston, Roxbmy 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'the legisia-*^ tli^t nothing herein shall be construed to prevent the legis- 
*"'^' lature of this Commonwealth from making such alterations 

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



Duty of legisla- 
tures and mag- 
istrates in all 
future periods. 
See amend- 
ments, Art. 
XVIII. 



CHAPTER V. 

Section XL 

The Encouragement of Literature.^ c&c. 

Wisdom and knowledge, as well as virtue, diffused gen- 
erally among the body of the people, being necessary for 
the preservation of their rights and liberties ; and as these 
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 \\\q, principles of humanity and general benevo- 
lence, public and private charity, industry and frugality, 
honesty and punctuality in their dealings ; sincerity, good 
humor, and all social affections, and generous sentiments, 
among the people. 



CONSTITUTION. . 27 

CHAPTER VI. 

OATHS AND 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 REYISAL OF THE CONSTITUTION, &C. 

Art. I. [Any person chosen governor, lieutenant-governor, councillor, Declaration of 
senator or representative, and accepting the trust, shall, before he proceed wjsl'ath-^e^o'ffi- 
to execute the duties of his place or office, make and subscribe the follow- cerst 
ing declaration, viz. : j, 

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

And the governor, lieutenant-governor and councillors, shall make and 
subscribe the said declaration in the 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 every person chosen to either of the places or offices Declaration and 

- .tT • 1 -t ••li oaths of all ofB- 

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

[" I, A. B., do truly and sincerely acknowledge, profess, testify and See amend- 
declare that the Commonwealth of Massachusetts is, and of right ought to ments, 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. 

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

See ftmend- [Provided, always, that when any person, chosen or appointed as afore- 

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

Oaths and af- And the Said oaths or affirmations shall be taken and sub- 
admiui'ttered. scribcd 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. 
Plurality of of- II. No govemor, lieutenant governor, or judge of the 
to*governor', ^ suprcmc judicial court, shall hold any other office or place, 
&c., exwpt, &c. ynder the authority of this Commonwealth, except such as 
me*nf'f^Ajt* ^^ ^^^^^ coustitutiou they are admitted to hold, saving that 
viii."' the judges of the said court may hold the offices of justices 

of the peace through the State ; nor shall they hold any 
other place or office, or receive any pension or salary from 
any other State, or government or power, whatever. 
Same subject. No pcrson 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. 
Incompatible No pcrsou holding the office of judge of the supreme 
judicial court — secretary — attorney-general — [sohcitor-gen- 
me^ntTl^t! Gral] — treasurer or receiver-general — judge of probate — 
viu. 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., 

iii'i (V /»jj • J. J operates dis- 

the legislature, or any oince ot trust or importance under qualification. 
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 pro"e?tyVaii- 
silver, at six shillings and eight pence per ounce ; and it flcationa. 
shall be in the power of the legislature, from time to time, m^nfs^Sti 
to increase such qualifications, as to property, of the persons ^"i- 

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- 

. , gpewing com- 

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 fpe^unrwrits". 
the courts of law, shall be in the name of the Common- 
wealth of Massachusetts ; they shall be under the seal of 

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

VI. All the laws, which have heretofore been adopted, co^^^lf^o^ of 
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. 

VII. The privilege and benefit of the writ of habeas ^^^^^■^^^"puste. 
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. 



30 



CONSTITUTION. 



The enacting 

style. 



Officers of for- 
mer govfin- 
meut continued 
until, &c. 



Provision for 
revising consti- 
tution. 

Amendments, 
Art. IX. 



Same subject. 



Provision for 
preserving and 
publishing this 
constitution. 



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

[IX. To the end tliere may be no failure of justice, or danger arise to 
the Commonwealth, from a change of the form of government, all officers, 
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. 

X. In order the more effectually to adhere to the principles of the 
constitution, and to correct those violations which by any moans may be 
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 c|ualified 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. 

And if it shall appear, by the returns made, that two-thirds of the quali- 
fied 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 from 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.] 

XI. This form of government shall be enrolled on parch- 
ment, and deposited in the secretary's office, and be a part 
of the laws of the land ; and printed copies thereof shall be 
prefixed to the book containing the laws of this Common- 
wealth, in all future editions of the said laws. 



CONSTITUTION. 31 



ARTICLES OF AMENDMENT. 

Art. I, If any bill or resolve shall be objected to, and ^'";,o^.''i"''\ 
not approved by the governor ; and if the general court shall In five days, not 
adjourn within five days after the same shall have been laid law.lfTegisia- 
before the governor for his approbation, and thereby prevent [hrnfeanthSe'* 
his returning it with his objections, as provided by the con- 
stitution, such bill or resolve shall not become a law, nor 
have force as such. 

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

„n 1/-J.' J J "of voters for 

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



32 



CONSTITUTION. 



Notaries public, 
how appointed 
and removed. 



Vacancies in 
the ofiices of 
secretary and 
treasurer, how 
filled in case, 
&c. 

See amend- 
ments, Art. 
XVII. 

Commissary- 
general may be 
appointed, in 
case, &c. 



Militia oflScers, 
how remored. 



Art. IY. Notaries public shall be appointed by the gov- 
ernor, in the same manner as judicial officers are appointed, 
and shall hold their offices during seven years, unless sooner 
removed by the governor, with the consent of the council, 
upon the address of both houses of the legislature. 

[In case tlae office of secretary or treasurer of the Commonwealth shall 
become vacant from any cause, during the recess of the general court, the 
governor, with the advice and consent of the council, shall nominate and 
appoint, under such regulations as may be prescribed by law, a competent 
and suitable person to such vacant office, who shall hold the same until a 
successor shall be appointed by the general court.] 

Whenever the exigencies of the Commonwealth shall 
require the appointment of a commissary-general, he shall 
be nominated, appointed and commissioned, in such manner 
as the legislature may, by law, prescribe. 

All officers commissioned to command in the militia, may 
be removed from office in such manner as the legislature 
may, by law, prescribe. 



Who may vote Art. Y. In the clcctions of captains and subalterns of 
anYsSbaiterns. 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. 



Oath to be 
taken by all of- 
ficers. 



Proviso: Qua- 
ker may affirm. 



Tests abolish- 
ed. 



Art. YI. Instead of the oath of allegiance prescribed by 
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 support the constitution thereof. So help me, God." 

Provided, That when any person shall be of the denomi- 
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." 

Art. YII. No oath, 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. 



CONSTITUTIOX. 33 

Art. Till. No judge of any court of this CommonTrealth, incraipatfbflity 
(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, sheriif, 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 
tisat 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- Amendnients 
ticular amendment or amendments to the constitution be 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 tp the general court then next to be chosen, and 
shall be publisb.ed ; and if, in the general court next chosen 
as aforesaid, such proposed amendment or amendments shall 
be agreed to by a majority of the senators and two-thirds of 
the members of the house of representatives present and 
voting thereon, then it shall be the duty of the general court 
to submit such proposed amendment or amendments to the 
people ; and if they shall be approved and ratified by a 
majority of the qualified voters, voting thereon, at meetings 
legally warned*and holden for that purpose, they shall become 
part of the constitution of this Commonwealth. 

Art. X. The political year shall begin on the first commence- 
Wednesday of January, instead of the last Wednesday of "ai ye^r""' 
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 otlier 
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 ^?^ temina- 
6 



34 CONSTITUTION. 

dissolved on the day next preceding the first Wednesday of 
January, witliout any proclamation or other act of the gov- 
ernor. But nothing herein contained shall prevent the 
general court from assembling at such other times as they 
shall judge necessary, or when called together by the gov- 
ernor. The governor, lieutenant-governor and councillors, 
shall also hold their respective offices for one year next 
following the first Wednesday of January, and until others 
are chosen and qualified in their stead. 

Meetings for [The meeting foi" the choice of governor, heutenant-governor, senators 

governor, lieu- ^^id representatives, shall be held on the second Monday of November in 
tenant-govern- every year ; but meetings may be adjourned, if necessary, for the choice 
to beheld^ 3lay °^ representatives, to the next day, and again to the next succeeding day, 
be adjourned, but no further. But in case a second meeting shall be necessary for the 
See amend- choice of representatives, such meetings shall be held on the fourth Monday 



ments.Art.XV, 



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. 
to^po^iAt^^per- '^^^^^ article shall go into operation on the first day of 
ation. 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 had conformably thereunto, 
in the month of November following the day on which the 
same shall be in force and go into operation, pursuant to the 
foregoing provision. * 

Inconsistent AH the provisious of the existino; constitution, inconsist- 

provisions an- ■,•,•, • • i • , • -i i i in 

nuued. cut With the provisions herem contamed, are hereby wholly 

annulled. 

R^eiigious free- Art. XI. Instead of the third article of the bill of rights, 
ed. * ' 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 pne 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 rata- 
tbis Commonwealth, founded upon the principles of equality, a census of takeii'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 thereafter, 
office, in such manner as the le;i;islature 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 Representa- 
aforesaid : and each town or city having three hundred ratable polls at the fives, how ap- 
last preceding decennial census of polls, may elect one representative, See'l^^p^'j. 
and for every four hundred and fifty ratable polls, in addition to the first ments, Arts. 
three hundred, one representative more. XIII. and XXI. 

Any town having less than three hundred ratable polls shall be repre- Towns having 
sented thus : The whole number of ratable polls, at the last preceding J.ata]^|p''po*s 
decennial census of polls, shall be multiplied by ten, and the product how repiesent- 
divided by three hundred; and such town may elect one representative ed. 
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 
rejireseutatives, with any number of polls beyond the necessary number, repre.*ented. 
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 
jjroduct 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 J! "JentaUve Xs- 
towus and districts, respectively, called for that purpose, and held previous tricts. 
to the first day of July, in the year in which the decennial census of polls 
shall be taken, form themselves into a repret^entative 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 
aud couiicil to 
determine the 
number of rep- 
resentatives to 
which each 
town is enti- 
tled. 

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



Inconsistent 
provisions an- 
nulled. 

Census of in- 
haoitants to be 
taken in 1S40, 
and deoennially 
thereafter, for 
basis of repre- 
sentation. 
See amend- 
ments, Art. 
XXII. 

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

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

Small towns, 
how represent- 
ed. 



Towns may 
unite into rep- 
resentative dis- 
tricts. 



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



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

The governor aud council shall ascertain and determine, within the 
months of Julyand 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 nitmber 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 pollg 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 
sliall determine the number of representatives which each city, town and 
representative district may elect as aforesaid ; and when the number of 
representatives to be elected by each city, town or representative district 
is ascertained and determined as aforesaid, the governor shall cause the 
same to be published forthwith for the information of the people, and that 
number shall remain fixed and unalterable for the period of ten years. 

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

Art Xni. [A census of the inhabitants of each city and town, on the 
first day of May, shall be taken and retin-ned Into the secretary's office, 
on or before the last day of June, of the year one thousand eight Jiundred 
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 senators to be chosen in each district, 
according to the numljer 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 contained 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 Commonweath shall be 
settled. 

Any two or more of the several towns may, by consent of a majority of 
the legal votei-s present at a legal meeting, in each of said towns, respec- 
tively, called for that purpose, aud 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, iu 
regard to representation, which would belong to a town containing the 
same number of inhabitants. 

The number of inhabitants which pball 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 governor 
before the first day of September, apportion the number of representatives |["'^ coiuicii to 
■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 rcpre- reseutathes of 
sentative, which is not entitled to elect one every year ; and the govei-nor in everyten'^'^^ 
shall cause the same to be published Ibrthwith. 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 mav be, be chosen from 
by the joint ballot .of the senators and representatives, assembled in one la^ef °^'® ^^ 
room, who shall, as soon as may be, in like manner, fill up any vacancies See amend- 
that may happen in the council, by death, resignation or otherwise. No ??y}**' -^''*'* 
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 oi councillors, 
election ; and not more than one councillor shall be chosen fx'om any one 
senatorial district in the Commonwealth.] 

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

Art. XIV. In all elections of civil officers by the people 'Elections by 
oi this Commonwealth, whose election is provided for hj the beVriX'rauty 
constitution, the person having the highest number of votes of votes. 
shall be deemed and declared to be elected. 

Aet. XY. The meeting for the choice of governor, lieu- Time of annual 
tenant-governor, senators and representatives, shall be held emor and legis- 
on the Tuesday nest 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. XYI. Eight councillors shall be annually chosen by Eight couneii- 
the inhabitants of this Commonwealth, qualified to vote for sen^by thVpeo- 
governor. The election of councillors shall be determined p**'' 
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 ^tate 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, 
hoivever, that if, at any time, the constitution shall provide 



38 CONSTITUTION. 

for the division of the Commonwealth into forty senatorial 

districts, then the legislature shall so arrange the councillor 

districts, that each district shall consist of five contiguous 

senatorial districts, as they shall be, from time to time, 

Eligibility de- established by the legislature. No person shall be eligible 

to the office of councillor who has not been an inhabitant of 

the Commonwealth for the term of five years immediately 

Day and man- preceding liis clcction. The day and manner of the elec- 

neroi election, ^^^^^ ^j^^ rctum of the votcs, and the declaration of the said 

elections, shall be the same as are required in the election 

Vacancies, how of govcmor. Whenever there shall be a failure to elect the 

filled. ^^ij number of councillors, the vacancies shall be filled in the 

same manner as is required for filling vacancies in the senate ; 

and vacancies occasioned by death, removal from the State, 

or otherwise, shall be filled in like manner, as soon as may 

Organization be after sucli 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 ; 

find ten days before the said first Wednesday in January he 

shall issue his summons to such persons as appear to be 

chosen, to attend on that day to be qualified accordingly ; 

and the secretary shall lay the returns before the senate and 

house of representatives on the said first Wednesday in Jan- 

iiary, 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 ]3e 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- ^jj^^ XVII. The sccretarv, treasurer and receiver-gen- 

r8tfirv» tri-'jisur- 

er, auditor and eral, auditor, and attorney-general, shall be chosen annually, 
aib^thepeopie'. ou the day in November prescribed for the choice of gov- 
ernor ; and each person then chosen as such, duly qualified 
in other respects, shall hold his office for the term of one 
year from the third Wednesday in January next thereafter, 
and until another is chosen and qualified in his stead. The 
qualification of the voters, the manner of the election, the 
return of the votes, and the declaration of the election, shall 
Vacancies, how be 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 

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

Art, XVIII. All moneys raised by taxation in the towns school moneys 
and cities for the support of public schools, and all moneys piied°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 Legislature to 
law, for the election of sheriffs, registers of probate, commis- the' election of 
siouers of insolvency, and clerks of the courts, by the people tcrTo/probate, 
of the several counties, and that district-attorneys shall be &C' by the pec- 
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- ii"!lTi'd v-hu 
wealth, who shall not be able to read the constitution in the qJ/f;iiSiou7 
English language and write his name: provided, however, of voters, 
that the provisions of this amendment shall not apply to any 



40 CONSTITUTION. 

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. 

Census of legal Aet. XXI. A ccusus of the legal voters of each city and 
rnhabltantsr towu. Oil tlic first day of May, shall be taken and returned 
when taken, ^^^q |.|^q offico of the secretary of the Commonwealth, on or 
See Gen Stat ^^^^^'^ ^^^® ^^^^ ^^7 ^^ Juuc, in the year one thousand eight 
chapter 20. "' 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. 
House to con- The liousc of representatives shall consist of two hundred 
bers; repre- ™' and forty members, which shall be apportioned by the legis- 
Ipponkfued" ^^ lature, at its first session after the return of each enumeration 
upon basis of Qg aforcsaid, to the several counties of the Commonwealth, 

legal voters. ' ,.,.' 

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 
Secretary shall a part of the couiity of Plymouth ; and it shall be the duty 
cerrauthor^ied of the sccrctary of the Commonwealth, to certify, as soon as 
*?^g<^'^i^e coun- jj^ay 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- 
Meeting for di- tivc distdcts. The mavor and aldermen of the city of Bos- 
first Tuesday in tou, the county commissioucrs of other counties than Suffolk, 
August. — Qj, ^^ j-g^^ Q^ ^l^g niayor 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, 
Proceedings. ^0 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 Qualifications 

year at least next preceding his election, shall have been an ^vesf*"*^*^"*^' 

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 Districts to be 

county shall be numbered by the board creating the same, ""Tbed^audce'r- 

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

tlie 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, 

sliall be prescribed bv law. Not less than one hundred One hundred 

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 er*s°aud ?ni7a'br 
town, on the first day of May, shall be taken and returned tants to be 
into the office of the secretary of the Commonwealth, on or *'*'^'^"* 
before the last day of June in the year one thousand eight 
hundred and fifty-seven ; and a census of the inhabitants of 
each city and town, in the year one thousand eight hundred 
and sixty-five, and of every tenth year thereafter. In the voters to be 
census aforesaid, a special enumeration shall be made of the tionment^of °'^' 
legal voters, and in each city said enumeration shall specify s®"'^*^*''"®- 
the number of such legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine tlie apportionment of senators for the periods between 
the taking of the census. The senate shall consist of forty senate to con- 
members. The general court shall, at its first session after bers. 
each next preceding special enumeration, divide the Com- trict^^Tc.^ '^^' 
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 lie formed, as 
nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. Each district shall ^"^iy,iftors°."^ 
elect one senator, who shall have been an inhabitant of this 
Commonwealth five years at least immediately preceding his 
6 



42 



CONSTITUTION. 



Sixteen mem- 
bers a quorum. 



election, and at the time of his election shall be an inhabi- 
tant of the district for which he is chosen ; and he shall cease 
to represent such senatorial district when he shall cease to 
be an iuhabitant of the Commonwealth. Not less than 
sixteen senators shall constitute a quorum for doing busi- 
ness ; but a less number may organize temporarily, adjourn 



from day 
membei*s. 



to day, and compel the attendance of absent 



Eesidence of 
two years re- 
quired of natu- 
ralized citizen, 
to entitle to 
suffrage or 
make eligible 
to otfice. 
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 allect 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. XXIY. Any vacancy in the senate shall be filled by 
election by the people of the unrepresented district, upon the 
order of a majority of the senators elected. 

Art. XXV. 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 shall 
have resided within the jurisdiction of the United States for 
two years subsequent to his naturahzation, and shall be 
otherwise qualified, according to the constitution and laws 
of this Commonwealtli : 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 affiict 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 and ratified by the 
people, May 11, 1831. 

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

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

The thirteenth Article wae adopted by the legislatures of the political 
years 1839 and 1840, and wae approved by the people, the sixth day of 
AprU, 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 Eegiments, how appointed, ...... 20 

Affirmations. See Oaths and Affirmations. 

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

Amendments to the Constitution, how made, 33 

Apportionment of Councillors, 37, 38 

" of Representatives, 15, 35, 36, 37, 40 

" of Senators, 11, 12, 36, 41 

Armies, Standing, to be maintained only with consent of Legisla- 
ture, 7 

Arms, Right of People to keep and bear, 7 

Articles of Amendment, 31 

Attorney-General, how appointed, 19 

" how elected, 38, 39 

" Qualifications of, 39 

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

Attorneys, District, how chosen, 39 

Auditor, how chosen, 38, 39 

" Qualifications of, 39 

" Vacancy in Office of, how filled, 38 

B. 

Bail and Sureties, Excessive, not to be demanded, .... 8 
Bills and Resolves, to be laid before the Governor for revisal, . 9 
" " to have the force of law, unless returned with- 
in five days, 10 

" " to be void when not returned, if Legislature 

adjourns within five days, .... 31 
" " when vetoed, may be passed by two-thirds of 

each House, 10 

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

Body Politic, how formed, and nature of, 3 

Bribery or Corruption in obtaining an Election, to disqualify for 

Office, 29 



46 



INDEX TO THE CONSTITUTION. 



C. 

Census of luhabitants, when and how taken, . 
" of Legal Voters, when and how taken, . 
" of Ratable Polls, when and how taken, . 
Cities, General Court empowered to charter. 
Civil and Military Officers, duties of, to be prescribed by Legisla 

ture, 

Commander-in-Chief. See Governor. 
Commerce, Manufactures, Arts, &c., encouragement of, . 
Commissary-General, when and how nominated, &c., 
" " to make Quarterly Returns, . 

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

" " may be recalled, and others commissioned 

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

Constitution, Amendments to, how made, 

" Revision of in 1795, provided for, 

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

printed with the laws, 

Coroners, how appointed, 

Corruption. See Bribery. 

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

" Powers and Quorum of, 

" Rank and Qualifications of Members of, . 

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

" Resolutions and Advice of, to be recorded, . 

" Vacancies in, how filled, 

Court, Superior, Judges of, prohibited from holding other Offices, 
" Supreme JTudicial, Judges of, Tenure of Office, and Salary, 
■Courts and Judicatories, may administer Oaths and Affirmations, 

" Clerks of, how chosen, 

" of Probate. See Probate. 

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



22, 



Page 

36,40 

40,41 

35 

31 

11 

26 
32 
20 
39 
24 
29 
24 
24 
33 
33 
30 

30 
19 

22 
23 

23,37 
28 

22,23 

22,38 
23 
23 

38,42 

33 

8,21 

10 

39 

10 
6,7 



D. 

Debate, Freedom of, in Legislature, affirmed, 8 

Declaration of Rights, 4 

Delegates to Congress, how chosen, 24 

" " may be recalled, and others commissioned, 24 

District -Attorneys, how chosen, 39 

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



INDEX TO THE CONSTITUTION. 



47 



Districts, Representative, how formed, .... 
" " Towns may unite in, 

" Senatorial, liow establislicd and arranged. 

Divorce and Alimony, causes of, liow determined, . . . . 

Duties of Civil and Military Oiflcers, to be prescribed by Legisla- 
ture, 



E. 

Elections, by Legislature, Order and adjournment of, 
" by the People, Plurality of votes to prevail in, 
" Freedom of, affirmed, 

Election Returns, by whom examined, &c., 

Euactiug Style, established, 

Encouragement of Literature, 

Enrolment. See Constitution. 

Equality and Natural Eights, recognized, . 

Estates, Valuation of, when taken, .... 

Executive Power, 

" not to exercise Legislative or Judicial Powers, 

Ex Post Facto Laws, injustice of, declared, 



Page 
40 
. 35, 36 
12, 36, 41 
24 



F. 

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

Fines, Excessive, prohibited, 

Freedom of Debate, in Legislature, affirmed, 

G. 

General Court, frequent sessions of, enjoined, 

" " how formed, 

" " may malvc Laws, Ordinances, &c., . . . . 
" " may provide for the establishing of Civil Officers, . 
" " may prescribe the duties of Civil and Military Of- 
ficers, 

" " may impose Taxes, Duties and Excises, . 

" " may constitute Judicatories and Courts of Record, 

" " may charter Cities, 

" " may be prorogued by Governor and Council, . 

" " when to assemble, and when to be dissolved, . 

Government, Frame of, 

" Executive, Legislative and Judicial Departments of, 

limits defined, 

" Objects of, 

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

Governor, qualifications of, 

" Salary of, 

" when and how chosen, 

" Official Title of, 



11 



23 

37 

6 

13,38 
30 
26 

4 

11 

17 

9 

8 



8 
9 

10 
10,11 

II 
11 

10 

31 

18 

9,18,33 

9 

9 

3 

3,5 

17, 27, 32 

21 

17,31,34,37 

17 



48 



INDEX TO THE CONSTITUTION. 



Governor to be sworn in presence of both Houses, . 
" the holding of other Offices by, prohibited, 

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

" may call Councillors together at his discretion, 

" and Council, may pardon Ofl'onces, 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, . 

H. 



Page 

27,28 

28,33 

18 

17 

19 

9 

9,10 

18 

13,38 



Habeas Corpus, benefit of, secured, 29 

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

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

" " who shall be Overseers of, 26 

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

House of Representatives, 15 

" " - Members of, how apportioned and 

chosen, . . 15, 16, 34, 35, 36, 37, 40, 41, 42 
** " qualifications of Members of, . . 15, 37, 41 

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

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

own Membei's, 16 

*' •♦ to choose its own Officers, establish its 

own Rules, &c., 16 

** " may punish Persons not Members, for 

disi'espect, &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 

Incompatible Offices, enumeration of, 28, 33 

'' Inhabitant," word defined, 12 



INDEX TO THE CONSTITUTION. 49 

Pag» 

luhabitants, Census of, when taken, 36, 41 

Insolvency, Commissioners of, how chosen, 39 

Instruction of Representatives and Petition to Legislature, Rights 

of, affirmed, 7 

J. 

Judicatories and Courts of Record, Legislature may establish, . 10 
" " " may administer Oaths and Af- 
firmations 10 

Judicial Department, not to exercise Legislative or Executive 

Powers, 9 

" Officers, how appointed,' 19 

" " to hold Office during good behavior, except, &c., 2't 

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

Judiciary Power, 24 

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

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

" " Appeals from, how heai'd and determined, . 24 

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

Jury, Right of Trial by, secured, 7 

Justices of the Peace, Tenure of Office of, 24 

" " Commissions of, may be renewed, . . 24 
" Supreme Judicial Court, Tenure of Office, and Salaries of, 8,21,24 

" " " " whatotherOfficesmayuotbeheld, 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 Ser- 
vice, not to be subject to, but by authority of Legislature, . 8 
Laws, every Person to have remedy in, for injury to Person or 

Property, 6 

" Ex Post Facto, unjust and inconsistent with Free Govern- 
ment, 8 

" not repugnant to Coust'tution, Legislature may make, . . 10 
" of Province, Colony or State of Massachusetts Bay, not re- 
pugnant to Constitution, continued in force, ... 29 
" 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, 9 

" Power, 9 

Legislature. See General Court. 

Lieutenant-Governor, 21 

" " when and how chosen, . . .21, 31, 33, 34, 37 

' « official title of, 21 

•* " qualifications of, 21 

7 



60 INDEX TO THE CONSTITUTION. 

Page 

Lieutenant-Governor, powers and duties of, 22 

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

Literature, Encouragement of, 26 

M. 

Magistrates and Officers, accountability of, 5 

Major-Generals, 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, 32 

" « how removed, 20,32 

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

confirmed, 20 

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

Money, how drawn from the Treasury, 20 

" value of, how computed, 29 

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

by Religious sects, 39 

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

N. 

Notaries Public, how chosen, 23 

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

0. 

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

" " Oflicial, Forms of, 27, 32 

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

Oaths, Affirmations substituted, in behalf of Quakers, . . . 28,32 
Ofl'euces. See Crimes and Ofl'ences. 

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

" Equal Right of all to, affirmed, 6 

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

Offices, certain, incompatibility of, 28, 33 

Officers, Civil, Legislature may provide for the naming and settling 

o9i 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-Gover- 
nor and Judges, 28, 33 

P. 

Pardon, Power of, vested in Governor and Council, .... J9 

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, 35 

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., . . . 2i 

" " 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 Com- 
pensation, 6 

Property Qualification for Office, may be increased by Legislature, 29 

" " " partially abolished, ... 3T 

Prosecutions for Crimes and Ofl'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 Privi- 
leges, 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-Gen- 
eral, 38 



52 INDEX TO THE CONSTITUTION. 

Pago 

Qualifications of Voters, 12, 15, 31, 39, 42 

" Moral, of Officers and Magistrates, .... 7 

Qualification, Property, may be increased, 29 

" " partial abolition of, 37 

Quorum of Council, 17, 23 

" of House, 16,41 

" of Senate, 14,42 

R. 

Eatable Polls, Census of, when taken, 85 

" " 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 

Ofllce, 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 all, . . 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 Representatives. 

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. 

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

s. 

Salaries, of Judges of Supreme Court, 8,21 

Salary, of Governor, 21 

Schools, Money 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 Ofllce 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, 14,37,39,41,42 



INDEX TO THE CONSTITUTION. 



53 



Pago 

Senate, Members shall be sworn preliminary to trial of Impeacb- 

ment, 14 

" " exempt from 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 Oflicers, 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 Aflirraations, how taken and subscribed by, . 28 
Senatorial Districts. See Districts. 

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

Sherifls, how appointed, 19 

" how elected, 39 

Soldier, not to be quartered 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 

" JudicialCourt, Tenure of Olfice 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 Meeting, Selectmen to preside at, ... . 

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

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

Treason and Felony, Legislature not to convict of, . 

Treasurer and Receiver-General, how chosen, . 

" " qualification of, . . 

" " eligibility limited to five years, 

" " vacancy in Ofiice of, how filled, 

Trial by Jury, Right of, secured, 



6,8 
11 

13,31 
32 
17 
21 
12 
35 
15 

35,36 

15 

8 

23,38 
39 
23 

32,38 
6,7 



University at Cambridge, &c., 



u. 



25 



64 INDEX TO THE CONSTITUTION. 

Y. 

Page 

Vacancies in Council, how filled, 38,42 

« in Militia Offices, how filled, 20 

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

" in Senate, how filled, H 

Valuation of Estates, when taken, 11 

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

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

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

" Qualifications of, • • • 12,15,31,39,42 

Votes, all Civil Officers to 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, when to begin and end, . ^ . . . . 83 



General ^iMts anir ^ptml Jds 



MASSACHUSETTS 



1871. 



^' The General Court of 1871 assembled on Wednesday, the fourth 
day of January. The oaths of office required by the Constitution to be 
administered to the Governor and Lieutenant-Governor elect, were taken 
and subscribed by His Excellency William Claflin and His Honor 
Joseph Tucker, on Saturday, the seventh day of January, in the pres- 
ence of the two Houses assembled in convention. 



ACTS, 

GENEKAL AND SPECIAL. 



An Act concerning the election of mayor in the city of Qfiap, 1, 

WORCESTER. 

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 board of aldermen of the city of Wor- Aldermen may 

. . . !_ r j.\ issue warrant 

cester are hereby authorized to issue their warrant lor the for election of 
election of a mayor in place of James B. Blake, elected ™^y°''- 
mayor at the last annual election held in said city, and since 
deceased ; and the mayor elected in pursuance of such war- 
rant, having first been duly qualified, shall hold his office 
until the termination of the present municipal year of said 
city, and until another shall be chosen and qualified in his 
place. 

Section 2. Whenever the mayor elect of said city shall ^efor'^' enidng 
die before entering upon the discharge of his duties, it shall ^Pr"^ie'ii''to de-^^' 
be the duty of the board of aldermen and of the common ciare the tact 
council of said city, respectively, by vote to declare that rantlor^nlw'^" 
fact ; and the board of aldermen shall thereupon issue their election, 
warrant for a new election of mayor, to be held at such time 
as they shall deem advisable ; and the mayor chosen at such 
election shall hold his office for the term for which such de- 
ceased mayor was elected, and until another is chosen and 
qualified in his place. 

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

Approved January 14, 1871. 
An Act to change the name of the boston musical hall asso- Qfiap. 2. 

CIATION, AND FOR OTHER PURPOSES. ■^' 

Be it enacted, ^c, as follows : 

Section 1. The Boston Musical Hall Association shall be Name changed 
hereafter known as the Boston Music Hall Association. uaii Associa- 

Section 2. No act of the Boston Musical Hall Associa- Acts legalized. 
tion shall be deemed invalid, by reason of its having been 



430 



1871.— Chapters 3, 4. 



$50,000 addi- 
tional real 
estate. 



When to take 
effect. 



done by said corporation, under the name of the Boston 
Music Hall Association. 

Section 3. Said corporation may purchase and hold real 
estate adjoining that which they now hold, to an amount not 
exceeding the sum of fifty thousand dollars. 

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

Approved January 31, 1871. 



Chap. 3. 



Appropria- 
tions. 



Mileage of sen- 
ators. 



Compensation. 



Mileage of rep- 
resentatives. 

Compensation. 



Chaplains of 
Senate and 
House. 

Preacher of 
election ser- 
mon, 

Doorkeepers, 
messengers, &c. 



Fees and ex- 
penses of wit- 
nesses. 



Chap. 4. 

Amendment of 
1863, 200, § 1. 



An Act making appropriations and providing for the com- 
pensation AND MILEAGE OF MEMBERS OF THE LEGISLATURE, FOR 
THE COMPENSATION OF THE CHAPLAINS, DOORKEEPERS, MESSENGERS 
AND PAGES OF THE SENATE AND HOUSE OF REPRESENTATIVES, AND 
FOR OTHER LEGISLATIVE EXPENSES. 

Be it enacted., ^c, as follows : 

Section 1. The sums hereinafter mentioned in this sec- 
tion are appropriated, and shall be allowed and paid from 
the ordinary revenue, for the purposes specified, to wit : 

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

For the compensation of senators, a sum not exceeding 
twelve 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 seventy-two thousand dollars. 

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

For the compensation of the preacher of the election ser- 
mon, one hundred dollars. 

For the compensation of the doorkeepers, messengers and 
pages of the senate and house of representatives, a sum not 
exceeding fifteen thousand dollars. , 

For fees and expenses of summoning witnesses before com- 
mittees, and for the fees of such witnesses, a sum not exceed- 
ing one thousand dollars. 

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

Approved February 2, 1871. 

An Act to amend an act concerning registers of deeds. 
Be it enacted, §'c., as follows : 

Section 1. Section one of chapter] two hundred of the 
acts of the year eighteen hundred and sixty-three, is hereby 
amended by inserting after the word " removed," the words 
" or his term of office expires." 

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

Approved February 6, 1871. 



1871.— Chapter 5. 431 

An Act making appropriations for the maintenance of the QJi^p^ 5^ 

GOVERNMENT DURING THE PRESENT YEAR. ^' 

Be it enacted, ^'c, as folloios : 

Section 1. The sums hereinafter mentioned are appro- ^^^isT'*""''' 
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-one, to 
wit: 

SUPREME JUDICIAL COURT. 

For the salary of the clerk of the supreme judicial court cierk.os. 121,5. 
for the Commonwealth, three thousand dollars. 

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

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

For the expenses of said court, a sum not exceeding two Expenses of 
thousand five hundred dollars. 

SUPERIOR COURT. 

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

For the salaries of the nine associate justices of said court, ^^1°"^*^ J"'" 
thirty-seven thousand eight hundred dollars. 

COURTS OP PROBATE AND INSOLVENCT. 

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

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

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

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

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

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

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

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

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



432 



1871. — Chapter 5. 



Hampshire. 
Franklin. 

Barnstable. 

Nantucket. 

Dukes County. 

Register for 
Suffolk. 

Middlesex. 

Worcester. 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Hampden. 

Berkshire. 

Hampshire. 
Franklin. 
Barnstable. 
Nantucket. 
Dukes County. 



Assistant-repis 
ter for Suffolk. 



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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. 



1871.— Chapter 5. 433 

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

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

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

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

For certain expenses of courts of insolvency authorized Expenses of 

1./^ ,^^ , T^ini courts, G. b. § 

by the General Statutes, a sum not exceeding five hundred h. 
dollars. 

DISTRICT-ATTORNEYS. 

For the salary of the attorney for the Suffolk district, five Attorney and 
tliousand dollars ; and for the salary of his clerk, one thou- fo^k'^ ^^'^ '*"*' 
sand dollars. ^f' 3^3; is^o. 

For the salary of the assistant-attorney for the Suffolk dis- Assistant-attor- 
trict, two thousand one hundred dollars. ^^^/f'^sw*"^''^''" 

For the salary of the attorney for the eastern district, one Attomer for 
thousand five hundred dollars. isga'sw''*"'*" 

For the salary of the attorney for the northern district, ^?!t*'^''™ *"^" 
one thousand five hundred dollars. 

For the salary of the attorney for the southern district, trk't'^*^'" ^'^" 
one thousand five hundred dollars. 

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

For the salary of the attorney for the south-eastern dis- |?"f.|';f ^®**'"" 
trict, one thousand five hundred dollars. 

For the salary of the attorney for the western district, ^-ct!^"^" *''^' 
one thousand five hundred dollars. 

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



Nortli-western 
district. 



POLICE COURTS. 

For the salary of the justice of the police court in Cam- .rustice in cam- 
bridge, one thousand eight hundred dollars. imuffm. 

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

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

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



Chelsea. 



434 



1871. — Chapter 5. 



Fall River. 
Gloucester. 
Haverhill. 
Lawrence. 



Lee. 

1861, 141. 

Lynn. 
1869, 359. 

Lowell. 
G. S. 116. 

Fitchburg. 

1868, l^i. 

Milford. 

1869, 359. 

New Bedford. 
G. S. 116. 

Newburyport. 
186U, 359. 



Salem. 



Springfield. 
1808, 330. 

Williamstown. 
G. S. 116. 

Salaries of 
clerks. 
G. S. 116. 



Cambridge. 
1809, 359. 



Charlestown. 



Fall River. 



Haverhill. 
1807, 316. 

Lawrence. 
1869, 359. 

Lowell. 

G. 8. 116. 

Lynn. 
1869, 359. 



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

For the salary of the justice of the police court in Glou- 
cester, one thousand six hundred dollars. 

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

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

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

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

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

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

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

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

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

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

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

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

For the salaries of the clerks of the police courts, exclu- 
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- 
bridge, one thousand dollars. 

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. 



1871.— Chapter 5. 435 

For the salary of the clerk of the police court in New Bed- g's. m^°""'*" 
ford, eight hundred dollars. 

For the salary of the clerk of the police court in Newbury- Ne^buryport. 

,.,■■•'■,-,,, ^ •' 1809,369. 

port, six hundred dollars. 

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

MUNICIPAL COURTS. 

For the salaries of the justices of the municipal court in Justices in 
Boston, nine thousand dollars. im, 279. 

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

For the salary of the justice of the municipal court for the Justice for 
southern district of Boston, one thousand eight hundred dol- trict of uoston. 
lars. ''''"' '''■ 

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

For the salary of the justice of the municipal court of the Justice of Dor- 
Dorchester district in Boston, one thousand two hundred isro, 333.'* "^ ' 
dollars. 

For the salary of the justice of the municipal court in i"*\|j^,/'^ 
Taunton, one thousand two hundred dollars. isoy, 309; 

For the salary of the clerk of the municipal court in cierkiuTaun- 
Taunton, eight hundred dollars. iscg, 359. 

For the salary of the iustice of the municipal court in Ju'^tice lawor- 
Worcester, two thousand dollars. isos, ibs. 

For the salary of the clerk of the municipal court in cierk in wor- 
VVorcester, one thousand two hundred dollars. 

DISTRICT COURTS. 

For the salary of the iustice of the district court for cen- ^"^*lr for cen- 

,,r, ,1. •' "^ 1., T Till *■■"' iJerkshire. 

tral Berkshire, one thousand six hundred dollars. isg9, 410. 

For the salary of the clerk of the district court for central ^^^'■'^• 
Berkshire, six hundred dollars. 

For the salary of the justice of the district court for nortlf/r/^Berk- 
northern Berkshire, one thousand two hundred dollars. si'Sre. 

1^70 *^01 

For the salary of the clerk of the district court for north- cierkr 
ern Berkshire, four hundred dollars. 

For the salary of the justice of the district court for south- ^",itiR^r/Berk- 
ern Berkshire, one thousand two hundred dollars. sinre. 

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

Approved February 6, 1671. 
2 



436 



1871.— Chapters 6, 7. 



Chap. 6. An Act concerxing the transportation of nitro-glycerine 

AND SIMILAR EXPLOSIVES. 



Explosive sub- 
stances to be 
packed in me- 
tallic vessels, 
and marked 
" explosive — 
dangerous." 



Be it enacted, §'c., as follows : 

Section 1. Nitroglycerine, glynoin oil, nitroleum or 
blasting oil, nitrated oil, other similar explosive substances, 
and all compounds of the same, when intended for sale or 
transportation, shall be securely packed in metaUic vessels, 
and surrounded by some material that is non-explosive when 
mixed or saturated with the same, and the outside of the 
vessel or package containing the same shall be legibly and 
conspicuously marked with the name of the article and the 
words " explosive — dangerous." 

Section 2. No person shall deliver to a common carrier 
for transportation any substance mentioned or described in 
the preceding section, unless the same is packed and marked 
in the manner therein provided, and notice of the dangerous 
nature thereof is expressly given. 

Section 3. No common carrier shall transport any of 
said substances upon a vessel or vehicle used for the trans- 
portation of passengers, or upon a railroad passenger or 
mixed train. A common carrier may decline to receive or 
transport any such substance in any manner whatever. 

Section 4. Whoever knowingly violates or knowingly 
causes or permits tlie violation of any of the provisions of 
this act, shall be punii^hed by a fine of not less than five hun- 
dred nor more than five thousand dollars, or by imprison- 
ment in tlie state prison not exceeding five years. 

Section 5. If the death of a person is caused by the ex- 
plosion of any of the substances aforesaid while in the charge 
of a common carrier, whoever has knowingly violated or 
knowingly caused or permitted the violation of any of the 
provisions of this act in relation to the substance so explod- 
ing, shall be deemed guilty of manslaughter. 

Approved February 7, 1871. 

Qhap. 7. An Act requiring railroad trains to be equipped with tools. 
Be it enacted, Sfc, as follows: 

Section 1. Railroad corporations shall equip each of 
their trains with two guide-plates, two jack-screws, two crow- 
bars, one pinch bar, one claw-bar, one spike hammer, two 
sharp axes, ropes or chains suitable for hauling cars, and 
such other tools and appliances for use in case of accident as 
the board of railroad commissioners directs. 

Section 2. A railroad corporation shall forfeit the sum 
of five hundred dollars for each violation of this act. 



— not to be de- 
livered for 
transportation, 
unless so pack- 
ed and marked. 



— not to be 
transported up- 
on vehicles, &c., 
u.eed for passen- 
gers. 

— transporta- 
tion may be re- 
fused. 

Penalties for 
violation of act. 



If death is 
caused by ex- 
plosion, person 
violating provi- 
sions to be 
guilty of man- 
slaughter. 



Railroad trains 
to be equipped 
with jack- 
screws, &c. 



Penalty. 



1871.— Chapters 8, 9, 10. 437 

Section 3. Chapter three hundred and seventy-two of ^^p**'- 
the acts of the year eighteen hundred and seventy is hereby 
repealed. Approved February 7, 1871. 

An Act to authorize the Plymouth county agricultural so- (JJiap, 8. 

CIETY to hold additional REAL AND PERSONAL ESTATE. •^' 

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

Section 1. The Plymouth County Agricultural Society sto.ooo in real 
is hereby authorized to hold by gift, grant, devise or other- estate!'^^"'^''^ 
wise, real and personal estate to an amount not exceeding 
sixty thousand dollars. 

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

Approved February 7, 1871. 

An Act to incorporate the Cambridge athen.eum. ChciV. 9. 

Be it enacted, §'c., as folloics : 

Section 1. Isaac Livermore, Daniel U. Chamberlin, corporators. 
George P. Carter, Curtis Davis, Robert Torrey, Jr., their as- 
sociates and successors, are hereby made a corporation by 
the name of the Cambridge AthenjBum, for the purpose of Name and pur- 
erecting and maintaining a building in the city of Cambridge ^^^^' 
to be used for lectures, public meetings, and for other lawful 
purposes ; with all the powers and privileges, and subject to Powers and 
all the duties, restrictions and liabilities set forth in all the '^"^^®*- 
general laws which now are, or hereafter may be in force, so 
far as applicable to such corporations. 

Section 2. Said corporation shall have a capital stock capital stock 
not exceeding one hundred thousand dollars, divided into ^^'^ shares, 
shares of one hundred dollars each ; and may hold for the 
purpose aforesaid real and personal estate not exceeding: the 
amount of capital stock. Said corporation shall incur no 
liability until thirty thousand dollars of its capital stock has 
been actually paid in in cash. Approved February 7, 1871. 

An Act to incorporate the eastern yacht club. Chap. 10. 

Be it enacted, Sfc, as follows : 

Skction 1. John Heard, F. Gordon Dexter, Addison corporators. 
Child, their associates and successors, are hereby made a 
corporation by the name of the Eastern Yacht Club, having xame and pur- 
its office in the city of Boston, for the purpose of encourag- ^°^^- 
ing yacht building and naval architecture, and the cultiva- 
tion of nautical science ; with all the privileges, and subject 
to all the duties, restrictions and liabilities set forth in the 
general laws which are or may be in force, applicable to such 
corporations. 

Section 2. Said corporation may hold . real estate to an Real and par- 
amount not exceeding in value twenty-five thousand dollars, ^"'i*! ^^'*^«- 



438 



1871.— Chapters 11, 12. 



Library. 



Chap. 11. 



Corporators. 



Kame and pur- 
pose. 



Capital stock 
aud sliares. 



and personal estate to an amount not exceeding twenty- five 
tliousand dollai's, exclusive of their library and museum of 
models, and inventions in nautical science. 

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

Approved February 7, 1871. 

An Act to incorporate the proprietors of odd fellows hall 
in the city of lowell. 

Be it enacted, ^'c, as follows: 

Section 1. Josiah G. Peabody, Ambrose Lawrence, 
Joseph L. Sargent, William H. Wiggin and Albert B. Plimp- 
ton, their associates and successors, are hereby made a cor- 
poration by the name of the Proprietors of Odd Fellows Hall 
in the city of Lowell, for the purpose of erecting or purchas- 
ing a building in the city of Lowell, and maintaining the 
same for the accommodation and purposes of an Odd Fellows 
Hall, and any other lawful purpose ; with all the power and 
privileges, and subject to all the duties, restrictions and lia- 
bilities set forth in all general laws of this Commonwealth, 
which now are or may hereafter be in force, applicable to 
such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed one hundred thousand dollars, divided into shares 
of one hundred dollars each, and said corporation may hold 
for the purposes aforesaid, real and personal estate not ex- 
ceeding the amount of the capital stock : provided, that said 
corporation shall incur no liability until thirty thousand dol- 
lars of its capital stock has been paid in in cash. 

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

Approved February 7, 1871. 



Chaj). 12. 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



An Act to incorporate the new England shoe and leather 
association. 

Be it enacted, ^'c, as follows: 

Section 1. William B. Spooner, of Boston, J. Henry 
Walker, of Worcester, Moses How, of Haverhill, Lyman B. 
Frazier, of Lynn, their associates and successors, are hereby 
made a corporation by the name of the New England Shoe 
and Leather Association, for the purpose of promoting the 
general welfare of the hide and leather, and boot and shoe 
interests of New England ; with all the powers and privi- 
leges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or may hereafter 
be in force concerning such corporations : provided, that 
nothing in this act contained shall be construed to author- 



1871.— Chapters 13, U. 439 

ize said corporation to traffic in goods, wares or merchandise 
of any description. 

Section 2. Said corporation may hold real and personal folfaUstate.'^* 
estate to an amount not exceeding fifty thousand dollars, to 
be devoted exclusively to the purposes of said corporation. 

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

Approved February 7, 1871. 
Ax Act to incorporate the Stafford mills in the city of fall Qhn^ 1 Q 

RIVER. ^' 

Be it enacted, ^'c, as follows: 

Section 1. Charles P. ^tickney, Samuel Hathaway, Fos- Corporators. 
ter H. Stafford, their associates and successors, are hereby 
made a corporation by the name of the Stafford Mills, for xameandpur- 
the purpose of manufacturing cotton and woolen cloths, or ^°*®' 
any fabric wholly or in part of wool, cotton, silk, flax, hemp 
or jute, in the city of Fall River ; and for this purpose shall 
have all the powers and privileges, and be subject to all the Powers and 
duties, restrictions and liabilities set forth in all general laws *^'^^^*^^- 
which now are or hereafter may be in force relating to man- 
ufacturing corporations. 

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

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

Approved February 7, 1871. 
An Act to authorize the somerset co-operative foundry com- ^t •• i 

PANY TO EXTEND THEIR WHARF IN SOMERSET. Ufldp. 14. 

Be it enacted, §'c., as follows : 

Section 1. License is hereby granted to the Somerset M^y extend 
Co-operative Foundry Company to extend their wharf in erset. 
Somerset, from the present outer line of the same on Taun- 
ton River, easterly one hundred feet toward the channel of 
said river, and not exceeding one hundred feet in width, 
subject to the provisions of section four of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hundred 
and sixty-six, and chapter four hundred and thirty-two of 
tlie acts of the year eighteen hundred and sixty-nine ; with ^ckS^^ ^^^ 
the right to lay vessels at the end and sides of said wharf, 
and to receive wharfage and dockage therefor. 

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

Approved February 7, 1871. 



440 



1871.— Chapter 15. 



Appropria 
tious. 



Chap. 15. An Act in addition to an 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, 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-one, to wit : 



Clerks of the 
Senate and 
House. 
1867, 305. 
Sergeant-at- 
arms. 

Engineer, 

watchmen and 

firemen. 

1867, 167; 1868, 

341. 



LEGISLATIVE DEPARTMENT. 

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

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

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



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



Private secre- 
tary. 

1866, 298, 4. 
Messenger. 
1869, 460. 

Assistant-mes- 
senger. 

1867, 167. 

Department 
expenses. 



EXECUTIVE DEPARTMENT. 

For the mileage and compensation of the lieutenant-gov- 
ernor and council, a sum not exceeding fifteen 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 expenses of the executive department, as authorized 
by chapter two hundred and fifty of the acts of the year 
eighteen hundred and seventy, five thousand dollars. 



Secretary of 
the Common- 
wealth. 
1870, 380. 
First clerk, 
18C6, 298. 

Second clerk. 



Messenger. 
1809, 406. 

Additional cler- 
ical as.«istance, 
G. S. 14, § 4; 
1867, 167. 



SECRETARY S DEPARTMENT. 

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

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



1871.— Chapter 15. 441 



TEEASURER S DEPARTMENT. 

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

For the salary of the first clerk in the treasurer's depart- J^^."'^^?^-, 

1 T r> 1 1 1 1 11 First clerk. 

ment, two thousand five hundred dollars. is69, 454. 

For the salary of the cashier in the treasurer's department, fiif'^lfn 
two thousand dollars. 

For the salary of the first assistant-clerk in the treasurer's First assistant- 
department, one thousand seven hundred dollars. iM6f298. 

For such additional clerical assistance as the treasurer Additional cier- 
may find necessary, a sum not exceeding three thousand G!'s'!*i^f§"i2'';' 
three hundred dollars. ^^'^> ^^''• 

TAX commissioner's BUREAU. 

For the salary of the deputy tax commissioner and of the Deputy tax 

•' r •' T r> 1 T T commissioner 

commissioner 01 corporations, two thousand five hundred andcommis 

1 ,, sionerofcorpo- 

UUlldlb. rations. 

For the salary of the first clerk of the tax commissioner, IH^' ~^^ ' ^^~°' 
one thousand seven hundred dollars. rifst cierk. 

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- Additional cier- 
sioner may find necessary, a sum not exceeding nine thou- is^flssff 12.^" 
sand dollars. 

auditor's DEPARTMENT. 

For the salary of the auditor of accounts, three thousand f:."^"°r °^ 

r>iiTTTi accounts. 

five hundred dollars. isro, aso. 

For the salary of the first clerk in the auditor's depart- fggf i?!'^' 
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 cier- 
find necessary, a sum not exceeding three thousand dollars. '*"*' assistance. 

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. isisfT"'^^' 

commissioners, et als. 

For the salary of the commissioner of savings banks, three savings banks 
thousand three hundred dollars. isro.lw!""'''- 



442 



1871.— Chapter 15. 



Insurance com- 
missioner. 
1&G6, 255. 

Clerk. 
1869, 434. 

Fees for valua- 
tion of life poli- 
cies, how ap- _ 
propriated. 



Constable of 
the Common- 
weal til. 
State police. 
lSfi5, 249; 1867, 
349. 



Inspector of 
gasmeters. 
1S61, 168, §2. 
Kailroart com- 
missioners. 
1869, 408, § 8. 
Clerk. 
1869, 408, § 7. 

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



Assayer and 
inspector. 
1869, 415, § 25. 

Secretary of 
board of health. 
1869, 420. 
Bureau of sta- 
tistics of labor. 
Kes. 1869, 102. 



Secretary of 
prison commis- 
sioners. 
1870, .370. 
Commissioners 
on Charles 
Kiver and War- 
ren Bridges. 



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

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

The fees received as compensation for the valuation of life 
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 thousand dollars ; and for the compensation, travel- 
ling expenses, clerical, incidental and contingent expenses of 
the state police, a sum not exceeding one hundred and two 
thousand five hundred and fifty dollars. 

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

For the salaries of the railroad commissioners, twelve 
thousand dollars. 

For the salary of the clerk of the railroad commissioners, 
two thousand dollars. 

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 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. 

For the salary of the secretary of the board of prison com- 
missioners, two thousand dollars. 

For the compensation of the commissioners on Charles 
River and Warren Bridges, the sum of thirty-three hundred 
dollars, as awarded by the supreme judicial court. 



Secretary of the 
board of agri- 
culture. 
1867, 167. 
Clerk. 
1869, 96. 

Clerical ser- 
vices and lec- 
tures. 
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 office 
of the secretary of the board of agriculture, and for lectures 
before the board of agriculture, a sum not exceeding four 
hundred dollars. 



1871.— Chapter 15. 443 

board of state charities. 

For the salary of the secretary of the board of state char- secretary of 
ities, three thousand dollars. ?869^^453, § ?. 

For such clerical assistance as the secretary of the board clerical assist- 
of state charities may find necessary, a sum not exceeding isesTzio, § 7. 
six thousand two hundred dollars. 

For the salary of the general agent of the board of state General agent, 
charities, three thousand dollars. ^^'^'^' ~'^^- 

For such clerical and other assistance as the general agent ^^fj^'''^' ^^'l* 
of the board of state charities may find necessary, a sum not ance. 
exceeding thirteen thousand dollars. ' ' ^ 

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

For the transportation of state paupers, to be expended by Transportation 
the agent of the board of state charities, a sum not exceed- pers.'etc?'^*^" 
ing thirteen thousand dollars ; and any additional assistance ^^^^' ^'^^' ^ ^" 
necessary to effect such transportation shall be paid out of 
said sum : provided, a detailed report of such expenditures 
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^oZeduc'r. 
of education, three thousand four hundred dollars, to be paid tion. 

1867 27fi 

from the moiety of the income of the Massachusetts school ' 
fund applicable to educational purposes. 

For the salary and expenses of such agent or agents as the salaries and 
board of education may appoint, a sum not exceeding three agenfs?^ ° 
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 Assistant 

1 J ^ • 1 1 1 11 librarian and 

board 01 education, two thousand dollars, cierk of board. 

For such additional clerical assistance in the state library Additional cier- 
as may be found necessary, a sum not exceeding one thou- o^^s^sf Res!'^' 
sand five hundred dollai^. i^bi ,33'; me, 



28: 1867, 22; 
18C9, 68. 



MILITARY DEPARTMENT. 



For the salary of the adjutant-general, two thousand five Adjutant-gen- 
hundred dollars, iscV, 293. 

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



First clerk. 



444 



187L— Chapter 16. 



Additional cler- 
ical assistance. 
1866,299; 1S07, 
167. 

Surgeon-gen- 
eral. 

1861, 219, § 15; 
1866, 298, 299. 
Clerical assist- 
ance. 

1861,219, § 15; 
1866, 298. 299. 

Messenger. 
1866, 298, 299. 

Bounty records. 
1863, 254, § 5 ; 
1866, 298, 299. 



Superintendent 
of arsenal. 
1870, 298. 

Employes at 
arsenal. 
1866, 298, 299. 



Chap. 16. 



Northampton 
may supply it- 
self with pure 
water and tix 
and collect 
rents for use of 
same. 



May take water 
from Roberts 
Meadow Brook. 



May take and 
hold laud. 



May dig up 
highways. 



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

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

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

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

For the completion of the bounty records of the Common- 
wealth, under the direction of the governor, a sum not ex- 
ceeding two thousand dollars. 

For the salary of the superintendent of the state arsenal 
at Cambridge, a sum not exceeding one thousand dollars. 

For the compensation of the employes at the state arsenal 
at Cambridge, a sum not exceeding two thousand seven hun- 
dred dollars. 

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

Approved February 8, 1871. 

An Act for supplying the town of Northampton with pure 

WATER. 

Be it enacted, ^-c, as follows : 

Section 1. The town of Northampton is hereby author- 
ized to supply itself and its inhabitants with pvire water to 
extinguish fires, generate steam, and for domestic and other 
uses ; and may establish public fountains and hydrants, and 
regulate their use ; and may discontinue the same, and may 
fix and collect rents for the use of such water. 

Section 2. Said town, for the purposes aforesaid, may 
take and hold the waters of Roberts Meadow Brook, in said 
town, at or near the place where the new highway from the 
village of Leeds to Roberts Meadow crosses said brook ; and 
may also take and hold all necessary land for raising, hold- 
ing and preserving such water and conveying the same to 
any and all parts of said town, and may erect thereon proper 
dams, buildings, fixtures and other structures, and make 
excavations and procure and run machinery therefor, and 
for that purpose may construct and lay down conduits, pipes 
and drains under or over iuiy water- course or railroad, and 
along any street, highway, railroad or other way, in such 
manner as not to obstruct the same ; and for the purpose of 
constructing, laying down, maintaining and repairing such 
conduits, pipes and drains, and for all other proper purposes 
of this act, may dig up any such street, highway or other 



1871.— Chapter 16. 445 

way ; but all things done upon any street, highway or other 
way shall be subject to the direction of the selectmen of said 
town ; and all things done upon any railroad shall be sub- 
ject to the direction of the county commissioners for the 
county of Hampshire: provided, that within sixty days after 
the time of taking any land, or water sources as aforesaid, 
said town shall file in the registry of deeds for the county of 
Hampshire a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which the 
same is taken. 

Section 8. Said town shall be liable to pay all damages Liability for 
sustained by any persons in their property by the taking of '^^''^es. 
any lands, water, water sources or water rights, or by the 
construction of any aqueducts, reservoirs or other works for 
the purposes aforesaid. If any person sustaining damages 
as aforesaid cannot agree with the town upon the amount 
of such damages, he may have them assessed by the county 
commissioners for the county of Hampshire, by making a 
written application therefor within one year after sustaining 
such damages ; and either party aggrieved by the doings of 
said commissioners in the estimation of said damages, may 
have the same settled by a jury ; and the said commissioners 
and jury shall have the same powers, and the proceedings 
shall in all respects be conducted in the same manner as 
provided in case of taking land for highways. 

Section 4. For the purpose of paying all necessary ex- Northampton 
penses and liabilities incurred under the provisions of this nlfexceetog 
act, said town may issue bonds, signed l)y the treasurer, to fg^^l,^^ "^''y^® 
be denominated " Northampton Water Bonds," to an amount 
not exceeding two hundred thousand dollars, payable at pe- 
riods not exceeding twenty years from the date thereof, with 
interest payable semi-annually, at a rate not exceeding seven 
per centum per annum ; and said town may sell said bonds 
at public or private sale upon such terms and conditions as 
it may deem proper, and may raise money by taxation to May raise 
pay said bonds and interest thereon when due ; but said aHo^n^o ply^' 
town shall not raise more than ten thousand dollars in any bonds and inter- 
one year to pay the principal of said bonds, except the year 
on which the same may become due. 

Section 5. The rights, powers and privileges hereby Powers, etc., 
granted may be exercised by such officers, agents and ser- dsed by agenta 
vants as such town shall elect or employ, who shall act in town"**"^ ^^ 
accordance with the votes of said town. 

Section 6 Any person who shall maliciously divert the Penalty for ma- 
water, or any part thereof, taken and used under the pro- ingThewatl^or 
visions of this act, or who shall maliciously corrupt the ga^gP^'^'s *^® 



446 



1871.— Chapters 17, 18, 19. 



Chap. 17. 



same or render it impure, or who shall maliciously destroy 
or injure any dam, aqueduct, pipe or hydrant, or other 
property, real or personal, held, owned or used by said town 
for the purposes of this act, shall pay three times the actual 
damage to said town, to be recovered by an action of tort. 
Any such person, on conviction of either of the malicious 
acts aforesaid, shall be punished by fine not exceeding one 
hundred dollars, and imprisonment not exceeding six months. 
Section 7. This act shall take effect upon its passage. 

Approved February 11, 1871. 

An Act to incorporate the Cambridge hospital. 
Be it enacted^ tVc, as follows : 
Corporators. SECTION 1. Isaac Livermore, Sumner K. Mason, W. W. 

Wellington, Kinsley Twining, Benjamin Tilton, Alexander 
McKenzie, Henry P. Walcott, their associates and successors, 
Name and pur- ^^'^ hereby made a corporation by the name of the Cam- 
pose, bridge Hospital, for the purpose of maintaining a hospital in 
the city of Cambridge, for sick and disabled persons ; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in the general laws which 
now are or may hereafter be in force relating to such corpo- 
rations ; and for the purpose aforesaid, said corporation may 
hold real and personal property to an amount not exceeding 
one hundred and fifty thousand dollars. 

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

Approved February 13, 1871. 

An Act to incorporate the boston turnverein. 
Be it enacted, Sfc, as follows : 

Section 1. Charles N. Does, Caspar Englert, Werner 
Strecker, their associates and successors, are hereby made a 
corporation by the name of the Boston Turnverein, for the 
purpose of promoting intellectual and physical culture ; 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 applicable to such corporations. 

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

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

Approved February 13, 1871. 
Chat). 19. "^^ ^^^ "^'^ incorporate the BERKELEY HOUSE COMPANY. 

Be it enacted, cVc, asfollotvs: 
Corporators. SECTION 1. Charles Allen, John R. Hall, Ambrose East- 

man, their associates and successors, are hereby made a cor- 



Powers and 
duties. 



Real and per- 
sonal estate. 



Chap. 18. 

Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



Real and per- 
sonal estate. 



1871.— Chapters 20, 21. 447 

poration by the name of the Berkeley House Company, for Name and pur- 
the purpose of owning and maintaining the family hotel ^°*^' 
called " The Berkeley," situated on the corner of Berkeley 
and Boylston streets, in the city of Boston ; with all the 
powers and privileges, and subject to all the duties, restric- Powers and 
tions and liabilities set forth in all general laws, which now •^"*^^^- 
are, or may hereafter be in force, applicable to such corpora- 
tions. 

Section 2. The capital stock of said corporation shall be capital stock 
one hundred thousand dollars, divided into shares of one ^^^ *^"^*' 
hundred dollars each, with liberty to increase the same, by 
vote of the corporation, to any amount not exceeding three 
hundred thousand dollars. 

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

Approved February 13, 1871. 



Chap, 20. 



to be used for 
same purposes. 



An Act in addition to an act to incorporate the cary improve- 
ment COMPANY. 
Be it enacted, Sj'c, as follows : 

Section 1. The Cary Improvement Company, a corpora- Maymanufac- 

.. tur6 bricks 6tc 

tion established in this Commonwealth, is authorized to and lease land ' 
manufacture bricks, and all other articles made from clay, 
on any land said corporation now holds, and to lease said 
land, or any part thereof, to any person or corporation to be 
used for the manufacture of bricks and other articles afore- 
said. Said corporation shall have all the powers and privi- ^utYe^.^ ^^^ 
leges, and be subject to all the duties, restrictions and liabili- 
ties set forth in the general laws which now are or may here- 
after be in force relating to manufacturing corporations. 
Section 2. This act shall take effect upon its passage. 

Approved February 13, 1871. 



Chap. 21. 



An Act to provide for the appointment of firewards. 
Be it enacted, S,-c., as follows : 

Section 1. The selectmen of any town may annually, in selectmen may 
March or April, appoint such number of suitable persons to wsu-ds! 
be firew^ards, as they deem necessary; and each person so — to notify per- 
appointed shall forthwith have notice thereof, and within ^°°^ »ppoi^ 
seven days after such notice shall enter his acceptance or 
refusal of the office with the town clerk. Whoever after penalty. 
such notice neglects so to enter his acceptance or refusal 
shall, unless excused by said selectmen, forfeit ten dollars. 

Section 2. Sections one and two of chapter twenty-four Repeal. 
of the General Statutes are hereby repealed. 

Approved February 13, 1871. 



448 



1871.— Chapter 22. 



Chap. 



Appropria- 
tions. 



22. ^'^ -a.ct 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 follows : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, unless otherwise specified, for 
the purpose of meeting the current expenses of the institu- 
tions hereinafter named, and for other purposes, during the 
year ending December thirty-first, in the year eigliteen hun- 
dred and seventy-one, to wit : 



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



Bridgewater. 
G. 8.71; 1866, 
198. 



Bainsford 

Island. 
G. S. 71. 
Visiting agent, 
board of state 
charities. 
1869, 453. 

General agent, 
expenses. 
1863, 240. 

Secretary's 
expenses. 

Travelling 
expenses. 
Lunatic pau- 
pers in hospi- 
tals. 

G. S. 73; 1864, 
288. 

Burial state 
paupers. 
G. S. 70; 1867, 
97. 

State paupers 
supported by 
towns. 



Coroners' in- 
quests. 

G. S. 157, 175. 
State alms- 
house loan. 
1852, 275; 1854, 
355. 



CHARITABLE. 

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

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

For the current expenses of the state almshouse and state 
workshop at Bridgewater, a sum not exceeding thirty-seven 
thousand dollars. 

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

For contingent expenses of the visiting agent of the board 
of state charities, a sum not exceeding four thousand one 
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 one thousand dollars. 

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

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

For the support of state paupers by cities and towns, a 
sum not exceeding twenty-five thousand dollars ; the same 
to include any expenses necessary to carry out the provisions 
of chapter one hundred and sixty-two of the acts of eighteen 
hundred and sixty-five, and chapter twelve of the acts. of 
eighteen hundred and sixty-nine. 

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

For the state almshouse loan sinking fund for the redemp- 
tion of scrip, the sum of six thousand dollars. 



1871.— Chapter 22. 449 

For the Perkins institution and Massachusetts asylum for Asylum for the 
the blind, the sum of thirty thousand dollars. Ee" isoo, i9. 

For the support of Massachusetts beneficiaries in the asy- Deaf and dumb, 
lum for deaf and dumb, and in other institutions, a sum not isel, 38; isgs, 
exceeding thirty thousand dollars. ^'^' ^s^o.sss. 

For the Massachusetts school for idiotic and feeble-minded wiofi^ ^^^ ^ 

,, _. ,, ir-i 11J11 feeble-minded 

youth, the sum of sixteen thousand five hundred dollars. youth. 

For the aniniities due from tlic Conniioii wealth, incurred iml,^9. '^ ' 
by the acceptance of the bequests of the late Martha Johon- nuuies"*'* ^^' 
not, a sum not exceeding one thousand two hundred and Res-i84i, 65; 

. , 1 , , " 1843, 73. 

eighty dollars. 

For expenses attending the management of cases of settle- settlement and 
ment and bastardy, in eighteen hundred and seventy-one, i863, 240.' 
a sum not exceeding two thousand dollars. 

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

For the support of Indian state paiipers, in accordance Indian state 
■with the provisions of chapter four hundred and sixty-three p^^up"^"- 
of the acts of the year eighteen hundred and sixty-nine, a 
sum not exceeding one thousand dollars. 

REFORMATORY AND CORRECTIONAL. 

For the current expenses of the state prison, a sum not furJent"ex"' 
exceeding one hundred and fifteen thousand dollars. penses. 

IS 64 303 

For the current expenses of the state reform school at state reform 
Westliorough, a sum not exceeding fifty thousand dollars. g.'s!'76. 

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

For the current expenses of the industrial school for girls industrial 
at Lancaster, a sum not exceeding twenty-six thousand dol- g.^s.°75. 
lars. 

For expenses incurred in the arrest of fugitives from jus- 3^^^^^^^ ^'■°™ 
tice, a sum not exceeding one thousand five hundred dollars, g. s. 177. 

For the salary of an agent for the relief of discharged con- Agent dis- 

•f ^ *-' charfiTGu con." 

victs, a sum not exceeding eight hundred dollars ; and for victs. 
expenditures of said agent, a sum not exceeding one thou- 122.' ' ' 
sand five hundred dollars. 

For expenses of the commissioners on prisons, a sum not commissioners 

T 1 -, , 1 T 1 1 n on prisons. 

exceeding one thousand two hundred dollars. isro, 3-0. 

From the appropriations for expenses of the state prison. Part of appro- 

111 I 1 ' 'nriations tor 6X* 

of the state almshouses at Tewksbury, Monson and Bridge- penses of state 
water, of the reform school for boys at Westborough, the et™f may be ad- 
Massachusetts nautical school, and of the industrial school be'account^d*° 
for girls, there may be paid to each in advance, a sum not f"j in^monthiy 
exceeding one thousand dollars, to be accounted for to the with auditor, 
state auditor in the monthly settlements of said institutions ; 



450 



1871.— Chapter 23. 



Chap. 23. 

Limits of town 
of Ayer. 



Powers and 
duties. 



Taxes, how as- 
sessed, collect- 
ed and paid. 



and all sums received by said institutions from cities, towns 
or individuals for the support of the inmates, or for articles 
sold, shall be paid into the treasury of the Commonwealth, 
except that so much as shall be received from the manufac- 
ture of shoes at the Tewksbury almshouse, may be reinvested 
for that purpose. 

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

Approved February 13, 1871. 

An Act to incorporate the town of ayer. 

Be it enacted^ tVc, as follows : 

Section 1. All the territory now within the towns of 
Grotou and Shirley, comprised within the following limits, 
that is to say, beginning at the north-westerly corner of said 
territory, at a point at the junction of James' brook, so 
called, with the Nashua river, where the thread of the main 
channel of said brook intersects with the thread of said 
river ; thence running southerly by the thread of said 
Nashua river to the line between the towns of Harvard and 
Shirley ; thence easterly by said line between said towns of 
Harvard and Shirley, and the line between the said towns 
of Groton and Harvard, to a stake in the line between the 
said town of Groton and the town of Littleton ; thence 
northerly and north-easterly by the line between said towns 
of Groton and Littleton to a stake and stones at a point 
where the southerly side of the county road leading from 
said Groton by the Ridge Hill Tavern, so called, to Littleton 
Old Common, so called, intersects the town line between 
said Groton and Littleton, and opposite a stone monument 
in the line between said Groton and Littleton, marked G 
and L ; thence westerly in a straight line to the point of be- 
ginning, is hereby incorporated into a town by the name of 
Ayer ; and said town of Ayer 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 
subjected by the constitution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Ayer shall 
be held to pay all arrears of taxes which have been legally 
assessed upon them by the said towns of Groton and Shirley ; 
and all taxes heretofore assessed and not collected, shall be 
collected and paid to the ti-easurers of the said towns of 
Groton and Shirley respectively, in the same manner as if 
this act had not been passed, and also tiieir proportion of all 
county and state taxes that may be assessed upon them pre- 
viously to tlie takhig of the next state valuation, said pro- 
portion to be ascertained and determined by the last valua- 
tions of said towns of Groton and Shirley. 



1871.— Chapter 23. 451 

Section 3. Said towns of Groton, Shirley and Ayer shall ^^'PP^rl"^ • 
be respectively liable for the support of all persons who now 
do, or shall hereafter stand in need of relief as paupers, 
whose settlement was gained by or derived from a settlement 
gained or derived within their respective limits. 

Section 4. The corporate property belonging to the corporate prop- 
towns of Groton and Shirley at the date of the passage of ed betw'^een'^'*^" 
this act, and the public debt of said towns existing at said an^ Ayef,^^'-^^ 
date, shall be divided between the towns of Groton, Shirley cording to vaiu- 
and Ayer, according to the valuation of the property within 
their respective limits as assessed May first, iu the year 
eighteen hundred and seventy ; and said town of Ayer shall 
receive from said towns of Groton and Shirley a proportion- 
ate part of whatever amount may hereafter be refunded to 
said towns of Groton and Shirley from the state or the Unit- 
ed States, to reimburse said towns of Groton and Shirley 
for bounties to soldiers, or state aid paid to soldiers' families, 
after deducting all reasonable expenses ; and said town of 
Ayer shall bear the expense of making the survey and es- 
tablishing the line between said towns of Groton and Shir- 
ley and said town of Ayer. 

Section 5. In case said towns of Groton, Shirley and commissioners 

. in . -!•••!' to be appointed 

Ayer shall not agree m respect to a division oi property, by superior 

-,*',,, ° ,,^ ,, 4.1 • court if towns 

debts, town paupers, or state or county taxes, the superior cusagree. 
court for the county of Middlesex shall upon the petition of 
either of said towns appoint three competent and disinterest- 
ed persons to hear the parties and award thereon ; and 
their award, or the award of any two of them, being accept- 
ed by said court, shall be final. In making said award, 
said commissioners shall assign the real estate belonging to 
said towns of Groton and Shirley, at the time of the passage 
of this act, to the town within which said estate shall be sit- 
uated, so far as such a division shall be practicable. 

Section 6. The town of Ayer, for the purpose of electing Election of rep- 

resent fttiYBS to 

representatives to the general court, until the next decennial the general 
census, or until another apportionment be made, shall rem9,in '^°"'"*" 
a part of the said towns of Groton and Shirley, and vote 
therefor at such places as said towns of Groton and Shirley 
shall vote ; and the selectmen of Ayer 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 
Ayer, and shall correct the same as required by law, and 
shall deliver said list to the selectmen of the said towns of 
Groton and Shirley seven days at least before such election, 
to be used thereat. 



452 1871.— Chapters 24, 25. 

for'ei™tfoi"ff Section 7. Any justice of the peace within and for the 
town officers, couuty of Middlesex, may issue his warrant, directed to any 
inhabitant of the town of Ayer, requiring him to notify and 
warn the inhabitants thereof qualified to vote in town affairs, 
to meet at the time and place therein appointed, for the pur- 
pose 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 there- 
of in some newspaper printed in the town of Ayer, 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 
Ayer, 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 said towns of Groton and 
Shirley respectively, shall, before said meeting, prepare a list 
of voters in said town of Ayer, qualified to vote at said 
meeting, and shall deliver the same to the person presiding 
at such meeting before the choice of a moderator thereof. 
Section 8. This act shall take effect upon its passage. 

Approved February 14, 1871. 

Chan 24 ^^ ^^^ requiring safety switches in railroads. 

Be it enacted, §'c., as follows : 
t^^^roY^uf^^^' Section 1. All switches hereafter laid down in any rail- 
commissioners, road track which is used or intended to be used for the run- 
runuingpassen- uiug of passcugcr or mixcd trains thereon (including those 
ger trains. g^ jg^^^ dowu iu renewal of existing switches), shall be of the 
kind known as the Tyler switch, or some other kind of safety 
switch approved in writing by the board of railroad commis- 
sioners, 
vfoktijfn. ^°^ Section 2. A railroad corporation shall forfeit the sum 
of two hundred dollars for each switch laid down by it in 
violation of this act, and the further sum of five dollars for 
each day such switch is used by said corporation. 

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

Approved February 17, 1871. 

Chttt). 25. -^^ ^^^ '^^ AMEND SECTION THIRTY-EIGHT OF CHAPTER TWENTY-FOUR 
-* ' * OF THE GENERAL STATUTES, RELATING TO CHOICE OF ENGINEERS IN 

FIRE DISTRICTS. 

Be it enacted, ^'c, as folloios : 
oTzt'lsr" Section 1. Section thirty-eight of chapter twenty-four of 
the General Statutes is hereby amended by inserting the 
word " annually " after the word " chosen." 

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

Approved February 17, 1871. 



I 



1871.— Chapters 26, 27, 28, 29. 453 

An Act in relation to depositing books in public libraries. (Jh(fn 26 

Be it enacted, §'c., as follows : 

Section 1. The city srovernment of the several cities, and Books, laws, 

•f c ' GIC. rcC8lV9u 

the selectmen of the several towns in this Commonwealth, from state may 
in which may now or hereafter be public libraries, owned pubilcTibraries. 
and maintained by said cities and towns, are hereby author- 
ized to place in the public libraries, for the use of the inhab- 
itants, such books, reports and laws, as have been or may be 
received from the Commonwealth. 

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

Approved Feiruary 17, 1871. 
An Act to authorize the re-opening and maintaining an out- QJian. 27. 

LET FROM LOVELL'S POND IN THE TOWN OF BARNSTABLE. -* ' 

Be it enacted, cS'c, as follows: 

Section 1. The owners of meadows injuriously over- £"*3'j*^'"°'^ , 
flowed by Lovell's Pond in the town of Barnstable, are may be re-open- 
hereby empowered to re-open, deepen and maintain an out- ^ 
let from said pond to Little River, so called, and from thence 
to Cotuit Bay, near the dwelling-house of Nathan Coleman, 
in said town. 

Section 2, Nothing herein contained shall authorize the ?^°p^^*^ "?.y° 
taking or using of the property of any person, without his out Written 
written consent. *=°"'^"*- 

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

Approved February 17, 1871. 

An Act to authorize the Worcester gas light company to 
increase its capital stock. 

Be it enacted, ^'c, as follows : 

Section 1. The Worcester Gas Light Company is hereby $500,000 addi- 
authorized to increase its capital stock by an amount not stoclc. 
exceeding five 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 liundred dollars each, and subject to the 
provisions contained in section one of chapter one hundred 
and seventy-nine of the acts of the year one thousand eight 
hundred and seventy. 

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

Approved February 17, 1871. 

An Act to incorporate the faneuil hall insurance company. 
Be it enacted, §-c., as follows: 

Section 1. George Howe, Knowlton S. Chaffee, Joseph corporators. 
W. Kinsley, their associates and successors, are hereby made 
a corporation by the name of the Faneuil Hall Lisurance 



Chap. 28. 



Chap. 29. 



454 



1871.— Chapters 30, 31. 



Powers and 
duties. 



Capital stock 
and shares. 



Company in the city of Boston, for the purpose of making 
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 are or hereafter 
may be in force relating to such corporations. 

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 liberty to pay in 
and increase the said capital stock to an amount in the 
whole not exceeding five hundred thousand dollars, within 
three years from the date of incorporation, 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. 

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

Approved February 20, 1871. 

An Act to incorporate the malden masonic building 
association. 
Be it enacted^ §'c., as folloios : 

Section 1. John P. Soule, Lorin L. Puller and Henry A. 
Hartley, their associates and successors, are hereby made a 
corporation by the name of the Maiden Masonic Building As- 
sociation, for the purpose of erecting a building in the town 
of Maiden, and maintaining the same for the accommodation 
and purposes of a masonic hall, lectures, and any other law- 
ful purpose ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities set forth in 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 thirty thousand dollars, divided into shares of 
twenty dollars each, and may hold for the purposes afore- 
said real and personal estate, not exceeding the amount of 
the capital stock. 

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

Approved February 20, 1871. 

Chcip. 31. -^^ -^CT IN FURTHER ADDITION TO AN ACT MAKING APPROPRIATIONS 
FOR THE MAINTENANCE OF THE GOVERNMENT DURING THE PRES- 
ENT YEAR. 

Be it enacted, §"c., as follows: 

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



Real estate. 

Chap. 30. 

Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Capital stock 
and shares. 



Real and per- 
sonal estate. 



Appropria' 
tions. 



1871.— Chapter 31. 455 

legislative and executive departments. 

For printing and binding ordered by tbe senate or house Printing and 
of representatives or by the concurrent order of the two byfegifiaturef** 
branches, a sum not exceeding thirty-seven thousand dollars. ^*^^- ^^^^' ^■*- 

For stationery for the senate, purchased by the clerk of senate station- 
the senate, a sum not exceeding one thousand dollars. r7s. isse, 74. 

For printing blanks and circulars and the calendar of ?enate print- 
orders of the day for the use of the senate, a sum not ex- k<?s. issg, 74. 
ceeding one thousand dollars. 

For stationery for the house of representatives, purchased ^""^^ station- 
by the clerk of the house of representatives, a sum not ex- ^es. isso, 74. 
ceeding two thousand five hundred dollars. 

For printing blanks and circulars and the calendar of ReTTsse^'j'l'"^* 
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 sergeTiu-at.^*"'' 
by the sergeant-at-arms for the legislature, a sum not ex- pe""i8'G 
ceeding eight hundred dollars. ' ' ' ' 

For the authorized expenses of committees of the pres- committees of 
ent legislature, the same to include clerical assistance to g^s. m"h6. 
committees authorized to employ the same, a sum not ex- ^^''^'^^'^• 
ceeding five thousand dollars. 

For postage, printing and stationery, for the governor and ^o^rnciT'^ost"*^ 
council, a sum not exceeding six hundred dollars. age, etc. 

For the contingent expenses of the governor and council, contingent ex- 
a sum not exceeding one thousand five hundred dollars. g!Ti4, §62. 

STATE HOUSE. 

For fuel and lights for the state house, a sum not exceed- f«e*an^°iights. 
ing seven thousand five hundred dollars. gs. 14, §02. 

For repairs, improvements and furniture of the state Repairs and 
house, a sum not exceeding four thousand dollars. g.'s!*i47§ 62. 

For contingent expenses of the senate and house of rep- pens'es!)f"sen?' 
resentatives and necessary expenses in and about the state ate and House. 
house, a sum not exceeding four thousand dollars: pro- ' ' *^ ^^' 
vided, that no part of such sum shall be expended for sta- 
tionery, postage, printing, repairs or furniture, or for the 
purchase of any article or thing, or to effect any object for 
which an appropriation is otherwise made in this act or in 
any act which may be subsequently passed. 

STATE PRINTING. 

For printing such number, not exceeding thirty-five thou- Printing gen- 
sand, of the pamphlet edition of the general acts and re- as.'sTisoe.es. 



456 



1871.— Chapter 31. 



" Blue Book." 
G.S. 3. 



Newspaper 
publication of 
general laws. 
1865, 193. 

Public docu- 
ments. 
Binding. 
G.S. 4. 



Term reports. 
G.S. 121. 

Kailroad 
reports. 
1864, 167. 
Supplement to 
General Stat- 
utes. 
Kes. 1867, 18. 



National banks. 
1867, 188. 



solves of the present year, for distribution in the Common- 
wealth, a sura not exceeding eight thousand dollars. 

For printing and binding three thousand five hundred 
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 seven thou- 
sand dollars. 

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

For printing the public series of documents in the last 
quarter of the year one thousand eight hundred and seventy- 
one, under the direction of the secretary of the Common- 
wealth, 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 
hundred dollars. 

For printing and binding the annual railroad reports, a 
sum not exceeding two thousand five hundred dollars. 

For the publication and editing of the supplement to the 
General Statutes for the present year, as autliorized by chap- 
ter eighteen of the resolves of the year eighteen hundred and 
sixty-seven, a sum not exceeding five hundred dollars for the 
publication, and two hundred dollars for editing the same. 

For printing the report of shareholders in the national 
banks of the Commonwealth, as required by chapter one 
hundred and eighty-eight of the acts of the year eighteen 
hundred and sixty-seven, a sum not exceeding five thousand 
five hundred dollars. 



INCIDENTAL AND CONTINGENT EXPENSES. 



Incidental ex- 
penses : 
Secretary. 
G. S. 14,21; 
1861, 167. 

Treasurer. 
G. S. 14. 

Tax commis- 
sioner. 

1864, 208; 1865, 
283. 

Auditor. 
1867, 178. 

Insurance com- 
missioner. 
G. S. 68. 



For incidental expenses of the secretary's department, a 
sum not exceeding five thousand dollars ; and for assessors' 
books and registration blanks for the seci'etary's department, 
a sum not exceeding two thousand five hundred dolhirs. 

For incidental expenses of the treasurer's department, a 
sum not exceeding one thousand two hnndred dollars. 

For the expenses of the tax commissioner, a sum not ex- 
ceeding two thousand three hundred dollars. 

For incidental expenses of tlie auditor's office, a sum not 
exceeding six hundred dollars. 

For incidental and contingent expenses of the insurance 
commissioner, a sum not exceeding one thousand five hun- 
dred dollars. 



1871.— Chapter 31. 457 

For fees, costs and court expenses of the attorney-general, auorney^gen-''"' 
and for incidental and contino;ent expenses of the office of ^^fii. 
the attorney general, a sum not exceeding one tnousana 
seven hundred dollars. 

For the contingent expenses of civil actions, as authorized cmi actions. 
by section twenty-four of chapter fourteen of the General 
Statutes, a sum not exceeding three hundred dollars. 

MILITARY. 

For the incidental expenses and express charges of tlie Adjufant-gen- 
adjutant-general, a sum not exceeding two thousand five expenses. ^"^^ 
hundred dollars. '^^ 219; 1867, 

For militia bounty, a sum not exceeding one hundred ?J'i!"^^°")ltZ- 

1 , , 1 Till IbOO, 219; 1867, 

twenty-two thousand dollars. 206 

For military accounts, a sum not exceeding seven thou- ^gj.Qu'^jJ'fs 
sand dollars. isoo, 219- iso?, 

For expenses of the bureau of the quartermaster-general, Quartermaster- 
a sum not exceeding six thousand dollars. fsGof^aii); i867, 

For the rent of armories, a sum not exceeding twenty-five gemof armo- 
thousand dollars. riea. 

For instruction, orderly and roll books, a sum not exceed- 2co.' " ' ' 
ing two hundred and fifty dollars. Ise^^Tg^ilw; 

For the expenses of the commissioners on state bounties, 266. 

^ ,. 1 1 1 1 n Commissioners, 

a sum not exceeding one hundred dollars. state bounties. 

For the expenses of the state commissioner on the sol- so^iaieiV^ceme- 
diers' national cemeteries at Gettysburg and Antietam, a Res^^i'ges "o 
sum not exceeding one hundred and fifty dollars. 

For expenses of tiie bureau of the surgeon-general, a sum surgeon-gen- 
not exceeding five hundred dollars. ism, 219; 1867, 

For medical, surgical and hospital supplies, and contin- lieiiicai sup- 
gent expenses connected therewith, the same being for use ?jliii6^"2i9- ise? 
of the state militia, a sum not exceeding five hundred dol- 206.' 
lars. 

For the reimbursement of cities and towns, for money paid fJ^Tdent'^soi^ 
on account of aid to Massachusetts volunteers and their fam- jy^o'^ggg 
ilies, a sum not exceeding six hundred twenty-five thousand 
dollars, the same to be payable on the first day of December, 
in the year eighteen hundred and seventy-one. 

For expenses attending the administration of the law, s****® ^^^^ '*^ 

•J- -ir-iiii expenses. 

providing state aid for Massachusetts volunteers and their ifeotj, 172. 
families, a sum not exceeding five hundred dollars. 

For the payment of bounties remaining due to Massachu- goimers' 

ij. ij- T n 1 Tin bounties. 

setts soldiers, a sum not exceeding five thousand dollars. 1863,91,254. 

For the payment, from the state treasury, of aid to Massa- noy.re'twent 
chusetts volunteers resident out of the Commonwealth, a soicuerg. 
sum not exceeding seven thousand dollars. 



458 



1871.— Chapter 31. 



Bounties to 
societies. 
G. S. 66. 
Expenses of 
members of 
board. 
G. S. 16. 

Secretary of 

board. 

Kes. 1853, 6?. 



Incidental ex- 
penses. 
G. S. 16. 

Printing report. 
G. S. 16. 



AGRICULTURAL. 

For bounties to agricultural societies, a sum not exceeding 
seventeen thousand one hundred and twentv-five dollars. 

For the personal expenses of members of the board of ag- 
riculture, a sum not exceeding one thousand five hundred 
dollars. 

For the travelling expenses of the secretary of the board 
of agriculture, all postages and necessary expenses, a sum 
not exceeding two hundred and fifty dollars. 

For other incidental expenses of said board, a sum not 
exceeding one hundred and fifty dollars. 

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



Distribution of 

blanks by slier- 

iffs. 

G. S. 157. 

Books for state 

library. 

G. S. 5. 



Railroad com- 
missioners, 
contingent ex- 
penses, etc. 
1869, 408. 

Commissioners 
on public lands. 
Kes. 1857, 70; 
1860,200: 1864, 
313. 



Harbor com- 
missioners. 
1866, 149. 
Commissioners 
on fisheries. 
1866,238; 1867, 
344. 

Bureau of sta- 
tistics on sub- 
ject of labor. 
Kes. 1869, 102. 
Board of health. 

1869, 420. 
Commissioner 
of corporations. 

1870, 224. 

Annuity of 
Jane Parks. 
Kes. 1870, 43. 



MISCELLANEOUS. 

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

For the purchase of books for the state library, two thou- 
sand three hundred dollars, to be expended under the direc- 
tion of the trustees and librarian. 

For the compensation of experts or other agents, and for 
contingent expenses of the railroad commissioners, a sum 
not exceeding two thousand six hundred dollars. 

For the compensation of the commissioners on public 
lands, a sum not exceeding three thousand five hundred 
dollars ; and for contingent and incidental expenses of said 
commissioners, a sum not exceeding five hundred dollars ; 
said sums to be paid from the moiety of the proceeds of sales 
applicable to improvements. And the residue of said moiety 
is hereby appropriated to be applied and used in accordance 
with the statutes. 

For the compensation and expenses of the harbor commis- 
sioners, a sum not exceeding ten thousand dollars. 

For the compensation and expenses of the commissioners 
on fisheries, a sum not exceeding five thousand dollars. 

For expenses of the bureau of statistics on the subject of 
labor, a sum not exceeding five thousand dollars. 

For expenses of the board of health, a sum not exceeding 
five thousand dollars. 

For expenses of the commissioner of corporations, a sum 
not exceeding seven hundred dollars. 

For the annuity of Jane Parks, two hundred dollars. 

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

Approved February 20, 1871. 



1871.— Chapter 32. • 459 

An Act to authorize the new Bedford and taunton railroad nhnv) 'XO 

CORPORATION TO EXTEND IT3 ROAD. -t^ ' *" 

Be it enacted, Sfc, as follows : 

Section 1. The New Bedford and Taunton Railroad ^;7T^au'S 
Corporation may, under the provisions of the general laws, Kaiiroadcorpo- 

,1^ •''.. '^ -ij-i ration may ex- 

locate, construct, mauitaui and use a railroad, with one or tend its road, 
more tracks, from a convenient point in the city of New 
Bedford, at or near the terminus of its present road, and in 
extension of the same, southerly to a point in said city at or 
near tide-water, below the New Bedford and Fairhaven 
bridge. 

Section 2. Said corporation may for the purpose afore- May increase 
said for improving its terminal facilities in the city of New $300,000."*' 
Bedford and for reducing its funded debt, increase its capi- 
tal stock by an amount not exceeding three hundred thou- 
sand dollars, divided into shares of one hundred dollars 
each : provided, such stock shall not be issued at less than 
its par value actually paid in in cash. 

Section 3. Said extension shall be located within one Tobeiocatedin 

-, , . , . PI p °"*^ year and 

year, and constructed within two years, alter the passage 01 constructed in 

this flof two years. 

Section 4. If the railroad of the New Bedford and ^rJmmeliv. 
Middleborough Railroad Company is located and constructed onsu roadmay 
on the west side of the Acushnet River, said company may New Bedford 
enter with its railroad upon, and unite the same with the *"'^'^*""*°"- 
railroad of the New Bedford and Taunton Railroad Corpo- 
ration at any point in the extension aforesaid, and may use 
the railroad of said corporation, subject to the provisions of 
the general laws. 

Section 5. If the New Bedford and Middleborough ^If'e J?operty 
Railroad Company unites its road with the road of the New if union takes 
Bedford and Taunton Railroad Corporation as aforesaid, it ^'*'"^" 
may, within three years thereafter, purchase and own one 
undivided half of that portion of the road, tracks, lands, 
buildings, wharves and other fixed property of said last 
named company, lying southerly of the point of junction ; 
and if the New Bedford and Taunton Railroad Corporation 
unites its road with the road of the New Bedford and Mid- 
dleborough Railroad Company, as authorized in the act in- 
corporating said last named company, it shall have, within 
three years thereafter, a corresponding right of purchase. 
In either case, if the parties do not agree upon the price to 
be paid, it shall be determined by the board of railroad com- 
missioners, subject to a right in either party to apply for a 
jury, as in the case of damages for land taken for a highway. 
5 



460 



1871.— Chapters 33, 34. 



Road owned in 
common to be 
under joint su- 
periuteudeut. 



If parties do not 
agree upon su- 
perintendent 
and Ids compen- 
sation, railroad 
commissioners 
to appoint, etc. 



Extension of 
road into New 
Bedford. 



Passenger sta- 
tion. 



Section 6. The road and other property so owned in 
common shall be under the charge of. a joint superintendent, 
whose compensation shall be apportioned between the par- 
ties according to their respective use of the common proper- 
ty. If the parties do not agree upon the appointment or 
continuance of a superintendent, or upon his compensation 
or the apportionment thereof, the board of railroad commis- 
sioners shall appoint and determine the same ; but they shall 
not, without the consent of both parties, appoint any per- 
son who has been in the employment of either. The award 
of the commissioners shall be subject to revision by them, 
upon the petition of either party and notice to the other, 
after one year from the making thereof. Both parties, by 
concurrent action, may at any time remore a superintendent 
and appoint another, and fix and apportion his compensation. 

Section 7. After one of the aforesaid corporations has 
constructed a railroad extending southerly into the city of 
New Bedford beyond the line of Hillman street in said city, 
the other shall not extend its road into said city beyond said 
line, except by forming a junction with the road already 
constructed, and by purchase as herein before provided ; and 
both corporations shall in such case use a common passenger 
station southerly of said line. 

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

Approved February 20, 1871. 



May mortgage 
road, issue 
bonds, etc. 



Chap. 33. ^^ -^CT TO AUTHORIZE THE FRAMINGHAM AND LOWELL RAILROAD 

COMPANY TO MORTGAGE ITS ROAD. 

Be it enacted, §"C., as follows: 

Section 1. The Framingham and Lowell Railroad Com- 
pany may mortgage its road, franchise and equipment, and 
any of its property, real or personal, to an amount not ex- 
ceeding ftve hundred thousand dollars, to secure such bonds 
as may be issued by said company, under existing provisions 
of law. 

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

Approved February 20, 1871. 



Chap. 34. 



Corporators. 



Powers and 
duties. 



An Act to incorporate the medway savings bank. 

Be it enacted, ^'c, as follows: 

Section 1. Milton M. Fisher, Stephen W. Richardson, 
Charles H. Deans and James La Croix, their associates and 
successors, are hereby made a corporation by the name of 
the Medway Savings Bank, to be located in Medway ; with 
all the powers and privileges, and subject to all the duties, 
restrictions and liabilities set forth in all general laws which 



1871.— Chapters 35, 36, 37. 461 

now are or hereafter may be in force applicable to savings 
banks. 

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

Approved February 20, 1871. 

An Act to incorporate the benjamin franklin savings bank. Qhnn 35 

Be it enacted, ^'c, as follows : 

Section 1. Charles W. Stewart, H. M. Green, Davis corporators. 
Thayer and J. G. Ray, their associates and successors, are 
hereby made a corporation by the name of the Benjamin 
Frankhn Savings Bank, to be located in Franklin, with all ^utTeT*"*^ 
the powers and privileges, and sul>ject to all the duties, lia- 
bilities and restrictions set forth in all general laws which 
now are or may hereafter be in force in this Commonwealth, 
relating to institutions for savings. 

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

Approved February 20, 1871. 
An Act to incorporate the somerville high school associ- (JJimj 35 

ATION. 1 ' ' 

Be it enacted, ^"c, as follows : 

Section 1. Edwin Mills, Augustus W. Carter, Henry M. Corporators. 
Brown and George S. Littlefield, all of Somerville, their 
associates and successors, are hereby incorporated under the 
name of the Somerville High School Association, being an Name and pur- 
association of the graduates of said school and of its mem- ^'^°'^" 
bers previous to the year eighteen hundred and sixty-two, 
for social, scientific and literary jiurposes ; subject to the 
duties, restrictions and liabilities which now are or hereaf- 
ter may be in force in relation to such corporations. 

Section 2. Said corporation is hereby authorized to hold, Keai and per- 

n , „,'.,.. Ill 1 soiial estate, 

tor tiie purposes for which it is created, real and personal 
estate to the value of fifty thousand dollars. 

Approved February 20, 1871. 

An Act IN RELATION TO THE GRANITE RAILWAY COMPANY. CkCiV 37 

Be it enacted, ^c, as follows: 

Section 1. The Granite Railway Company is hereby au- aiay carry on 
thorized to carry on the business of quarrying and cutting ti"g'uHf(°iiar" 
stone, and for that purpose may hold real and personal estate ""^'"^ ^'""*^' 
not exceeding, together with all real and personal estate 
now held by them, the sum of two hundred and fifty thou s?25o,ooo in real 

J 1 n 1 11 1 1 -1 • "^ . and personal 

sand dollars ; and all acts done by said company m purchas- estate. 

ing real estate for that purpose, and in carrying on said busi- Acts confirmed. 

ness, are hereby confirmed. 

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

Approved February 20, 1871. 



462 



1871.— Chapters 38, 39. 



Chap. 



38. -^^ Act in addition to an act authorizing the county commis- 
sioners OF THE county OK BRISTOL TO LAY OUT HICKS'S BRIDGK 
AS A PUBLIC HIGHWAY. 



When Hicks's 
bridge is laid 
out as liighway, 
commissioners 
to order dam- 
ages to be paid 
by Westport. 



Part of pro- 
ceeds of land 
damages may 
be allowed to 
be paid to 
Westport. 



Petition for lay- 
ing out bridge 
as a highway, 
etc. 



Repeal. 



Chap. 39. 



Congressional, 

councillor, sen- 
atorial and rep- 
resentative dis- 
tricts. 



Be it enacted, ^"c, as folloics : 

Section 1. When the bridge called Hicks's Bridge is laid 
out as a highway, the commissioners of the county of Bristol 
shall make awards of damage as now provided by general 
laws, but shall order the same to be paid by the town of 
Westport, and if any parties aggrieved shall apply for a jury 
or a committee, the said town shall be made the party respon- 
dent, and if the petitioners shall become entitled to final 
process the same shall be against said town. 

Section 2. After all claims for land damages shall have 
been determined, said commissioners may allow to said town, 
from the treasury of the county of Bristol, such part of said 
land damage and costs relating thereto, as they may decide 
to be just and reasonable. 

Section 3. It shall be lawful for the petition now pend- 
ing for laying out said bridge as a public highway, to be 
promoted by one or more citizens of said town, whether 
interested or otherwise ; and if a new petition shall be 
brought, it may be brought by one or more citizens of said 
town, whether interested or otherwise. 

Section 4. Anything contained in chapter one hundred 
and eighty-one of the acts of the year eighteen hundred and 
seventy that is inconsistent herewith is hereby repealed. 

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

Approved Febriuiry 20, 1871. 
An Act in addition to an act to incokpurate the town of 

KVtRETT. 

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

Section 1. The town of Everett, until otherwise provided 
by law, shall continue to be a part of the sixth congressional 
district, of the sixth councillor district, of the second Middle- 
sex senatorial district, and of the fourth Middlesex represen- 
tative district ; and the voters of the town of Everett shall 
vote for representatives to congress, senators and representa- 
tives to the general court and members of the council, in 
said town of Everett, at meetings legally called for that pur- 
pose ; and the clerk of the town of Everett shall make re- 
turns and meet with the clerks of Maiden and Somerville for 
the purpose of ascertaining the result of the election of rep- 
resentatives for said fourth representative district, and mak- 
ing certificates of the same, at the time and place now pro- 
vided by law for said meeting. 



1871.— Chapter 40. 463 

Section 2. The sixth section of chapter sixty-six of the Repeal, 
acts of the year eighteen hundred and seventy is hereby 
repealed. 

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

Approved February 20, 1871. 

An Act concerning the preservation of ballots in towns. Chap. 40. 

Be it enacted, Sfc, as follows : 

Section 1. At every election in towns for officers other ^aiio^s used at 
than town officers, the selectmen shall cause the voting on stcurefi in an 
check lists and all ballots given in, after having been counted, sealed up*"*^ 
declared and recorded, to be secured in an envelope and 
sealed, and they shall endorse on such envelope for what 
officers the enclosed ballots were cast, and at what election, 
and the same shall be sealed, endorsed and delivered to the 
town clerk, before the adjournment of the meeting at which 
the ballots were cast. 

Section 2. The clerk shall carefully preserve such envel- Envelope to be 
ope, unopened, sixty days, and if within that time any person opened Lr sixty 
voted for serves notice on him in writing, claiming an elec- count o'njIfioL' 
tion, and desiring a recount of said ballots, the clerk shall '« desired, to 

continue to 

continue to hold such envelope, subject to the order of the hold, etc., Rub- 
iegislative body to which such person claims an election, or ifourt" etc.*^"^ "^ 
in other cases, of the board required by law finally to exam- 
ine the returns and issue certificates of election ; and in all 
such cases said legislative body or board may take and open 
said envelope and recount the ballots thus preserved. 

Section 3. When the right of a person offering a ballot ifvoteriscbai- 
at any such election is challenged for any cause recognized IfamelindUsi- 
by law, the selectmen if they receive the same, shall require dence and name 
the voter to write his name and residence thereon, and they be endorsed up- 
shall add thereto the name of the challenger and the cause ^" '^'*"°^' 
assigned for challenging. And if such ballot shall be offered 
sealed, the writing as aforesaid may be upon the envelope 
covering the same, and the selectmen shall mark and desig- 
nate such ballot by writing thereon the name of the person 
by whom it was cast, before it is counted, and at the close of 
the election the same shall be returned to the envelope in 
which it is deposited. 

Section 4. Whoever wilfully or negligently violates any penalties for 
provision of this act shall be punished by a fine not exceed- violation, 
ing two hundred dollars, or by imprisonment in the county 
jail not exceeding one year. 

Approved February 20, 1871. 



464 



1871.— Chapters 41, 42, 43, 44. 



Chap. 41. 



Licensinfr and 
registering dogs 
iu Boston. 



Chap. 42. 



Person arrested 
under bastardy 
act may be re- 
leased upon 
giving bond in 
three hundred 
dollars. 



Bond to run to 
party for whose 
benefit com- 
plaint was 
made. 



Chap. 43. 



$130,000 addi- 
tional capital 
stock. 



Chap. 44. 

Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



An Act in relation to dogs in the city of boston. 
Be it enacted, Sfc, as follotvs : 

Section 1. All provisions of law applying to the clerk of 
the city of Boston relative to licensing and registering dogs, 
shall hereafter apply to the chief of police of said city in- 
stead of said clerk. 

Section 2. This act shall take effect on the first day of 

April next. Approved February 20, 1871. 

An Act relating to bonds in bastardy cases. 
Be it enacted, §'c., as follows : 

Section 1. Any person arrested "upon a warrant issued 
upon a complaint under chapter seventy-two of the General 
Statutes, may be released upon giving a bond with svifficient 
sureties, in not less than three hundred dollars, for his ap- 
pearance before the court or justice having cognizance of 
said complaint, at a time to be specified in said bond. 

Section 2. The bond shall be made to the party for 
whose benefit the complaint is made or prosecuted, and the 
sureties may be examined, and the bond approved, by a bail 
commissioner or master in chancery. 

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

Approved February 20, 1871. 

An Act authorizing the attleborough branch railroad com- 
pany to increase its capital stock. 
Be it enacted, Sfc, as follows : 

Section 1. Tlie Attleborough Branch Railroad Company 
may increase its capital stock to an amount not exceeding 
in the whole, one hundred and thirty thousand dollars. 

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

Approved February 24, 1871. 

An Act to incorporate the brookline savings bank. 
Be it enacted, Sfc, as follotvs : 

Section 1. Edward Atkinson, John C. Abbott, Moses 
Williams, junior, their associates and successors, are hereby 
made a corporation by the name of the Brookline Savings 
Bank, to be located in the town of Brookline ; with all the 
powers and privileges, and subject to all the duties, restric- 
tions and liabilities set forth in all general laws which now 
are or may hereafter be in force in this Commonwealth, 
applicable to institutions for savings. 

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

Approved February 24, 1871. 



1871.— Chapters 45, 46, 47, 48. 465 

An Act to change the name of the proprietors of the odd Qfidjj 45 

FELLOWS HALL IN THE CITY OF BOSTON, AND FOR OTHER PURPOSES. •** 

Be it enacted, ^'c, as follows : 

Section 1. The proprietors of the Odd Fellows Hall in Name changed 
the city of Boston, shall hereafter be called and known as Haii Associa- 
the Odd Fellows Hall Association. *^°"- 

Section 2. Said corporation is hereby authorized to May maintain a 
maintain a building in said Boston for the purposes of an ^"^^^^"s- 
Odd Fellows Hall, and any other lawful purpose. 

Section 3. The organization of said corporation, and all Acts confirmed. 
acts done in pursuance of its charter, are hereby confirmed. 

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

Approved February 24, 1871. 
An Act to confirm the proceedings of the first Presbyterian Qhnfi AR 

CHURCH IN boston. "' 

Be i( enacted, Sfc, as follows : 

Section 1. The proceedings by which the First Presby- Proceedings 
terian Church, located at the corner of Harrison avenue and colkrmed! 
Beach street in Boston, organized as a parish and religious 
society on the eleventh day of December, in the year eigh- 
teen hundred and sixty-two, are hereby ratified and con- 
firmed, and said Presbyterian Church is hereby declared to 
be a religious society under the General Statutes of this 
Commonwealth. 

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

Approved February 24, 1871. 

An Act to incorporate the merrimack river savings bank. Chan. 47. 
Be it enacted, ^c, as follows: 

Section 1. Josiah G. Peabody, Charles Kimball and corporators. 
Charles Whitney, their associates and successors, are hereby 
made a corporation by the name of the Merrimack River Name and pur- 
Savings Bank, to be located westerly of Jackson street, in p°*^" 
the city of Lowell ; with all the powers and privileges, and ^°^^p ^^^ 
subject to all the duties, restrictions and liabilities set forth 
in all general laws which now are or may hereafter be in 
force in this Commonwealth applicable to institutions for 
savings. 

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

Approved February 24, 1871. 
An Act to incorporate the trustees of the consumptives' Chap. 48. 

HOME. 

Be it enacted, §'c., as follows : 

Section 1. Charles Cullis, William Claflin, Alexander corporators. 
H. Vinton, Edward S. Rand, Henry F. Durant, Jacob 



466 



1871.— Chapters 49, 50. 



Name and pur- 
pose. 



Powers and 
duties. 



Real and per- 
sonal estate 
not exceeding 
$200,000. 



Chap. 



Sleeper and Abner Kingman, their associates and successors, 
are liereby made a corporation by the name of the Trustees 
of the Consumptives' Home, for the treatment, care and re- 
lief of consumptive patients and other sick, suffering and 
indigent persons ; with all the rights, powers and privileges, 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter be 
in force applicable to such corporations. 

Section 2. Said corporation may take and hold in fee 
simple or any less estate, by purchase, gift, grant, devise or 
otherwise, any lands, tenements, or other estate, real or per- 
sonal, to an amount not exceeding two hundred thousand 
dollars. 

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

Approved February 24, 1871. 

^9^ An Act concerning the boston and providence railroad cor- 
poration. 



Annual meet- 
ing. 



Time extended 



Be it enacted, ^-c, as follows : 

Section 1. The annual meeting of the Boston and Prov- 
idence Railroad Corporation shall be held at such time as 
may be fixed by a vote of its stockholders. 

Section 2. The time within which said corporation may 

constructing'^'^ locatc and coustruct an additional track and take land there- 

tock.""*' for, under chapter three hundred and twenty of the acts of 

the year eighteen hundred and sixty-nine, is extended one 

year from the passage of this act. 

Approved February 24, 1871. 



Chap. 50. 

Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Real and per- 
sonal estate. 



Capital stock 
and shares. 



An Act to incorporate the weetamoe mills in the city of 

fall river. 
Be it enacted, Sfc, as folloios : 

Section 1. David H. Dyer, William Lindsey, Job B. 
French, Jonathan T. Hillard, their associates and successors, 
are hereby made a corporation by the name of the Weetamoe 
Mills, for the purpose of manufacturing cotton and woolen 
cloths, or any fabric wholly or in part of wool, cotton, silk, 
flax, hemp or jute, in the city of Fall Eiver; and for this 
purpose shall have all the powers and privileges, and be 
subject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or hereafter may be in force 
relating to such corporations. 

Section 2. Said corporation may hold for the purposes 
aforesaid real estate, necessary and convenient for its busi- 
ness, to an amount not exceeding four hundred thousand 
dollars, and its whole capital stock shall not exceed eight 
hundred thousand dollars, divided into shares of one bun- 



1871. Chapters 51, 52, 53. 467 

dred dollars each : provided, however, that said corporation Proviso, 
shall not go into operation until five hundred and fifty thou- 
sand dollars of its capital stock has been paid in in cash. 
Section 3. This act shall take effect upon its passage. 

Approved February 24, 1871. 

An Act to revive the charter of the taunton street rail- Chap. 51. 

WAY COMPANY. 

^Be it enacted, &,-c., as follows : 

Section 1. Chapter eighteen of the acts of the year eigh- fg^o^'i'^""^.*'^ 
teen hundred and seventy is hereby revived and continued tended one 
in force, and the time for organizing the corporation author- ^^*''' 
ized thereby, and the acceptance of said act by the city coun- 
cil of Taunton, and the location, construction and operation 
of the street railway therein authorized, is hereby extended 
one year. 

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

Approved February 24, 1871. 

An Act to authorize the town of Northampton to raise Chap. 52. 

twenty-five thousand dollars for the smith college. ^ 

Be it enacted, ^'c, as follows : 

Section 1. The town of Northampton is hereby author- Northampton 

1 •i-.-iT 11 J.J.1 may raise by 

ized to raise, by issunig its bonds, or by loan or tax, the sum loanortaxa- 
of twenty-five thousand dollars, to be appropriated and paid be pald^'to 
out of the treasury of said town, to the trustees under the smith college. 
will of the late Sophia Smith of Hatfield, or to the board of 
trustees of the Smith College, if organized in compliance 
with the condition upon which the said college is to be 
located in Northampton : provided, that at a legal town 
meeting called for that purpose, a majority of the voters 
present and voting thereon, shall vote to raise the said 
amount for the said object ; and that the check list shall be 
used in taking such vote. 

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

Approved February 24, 1871. 



An Act to authorize the American congregational associa- 
tion TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 



Chap. 53. 

Be it enacted, ^-c, as follows : 

Section 1. The American Congregational Association at $450,000 addi- 
Boston, is hereby authorized to hold real and personal estate per"onai"estate. 
to the amount of four hundred and fifty thousand dollars, in 
addition to the amount that said corporation is now author- 
ized by law to hold. 

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

Approved February 24, 1871. 
6 



468 



1871. — Chapter 54. 



Chap. 54. An Act in addition to an act concerning the old colony and 

NEWPORT RAILWAY AND THE GRANITE RAILWAY COMPANIES, AND 
TO AUTHORIZE THE OLD COLONY AND NEWPORT RAILWAY COMPANY 
TO INCREASE ITS CAPITAL STOCK. 



Location of Old 

Colony and 
Newport Rail- 
way Co. be- 
tween Mt. Hope 
branch and W. 
Quincy con- 
firmed and rati- 
fied. 



May maintain 
and operate 
railroad be- 
tween main 
line and Gran- 
ite Railroad. 



Provisions of 
1846, 232 ; 1848, 
84, relating to 
branch roads, 
revived. 



Proviso. 



Stockholders by 
vote may in- 
crease capital 
stock to $6,500,- 
000. 



Powers under 
§§ 2, 3, to be 
void unless ex- 
ercised within 
five years. 



Be it enacted, Sfc, as follows : 

Section 1. The location of the Old Colony and Newport 
Railway Company, between the Mount Hope Branch of said 
railway and Belknap Square in West Quincy, made under 
the provisions of chapter three hundred and seventy-eight of 
the acts of the year eighteen hundred and seventy, as ap- 
proved by the board of railroad commissioners under date of 
January nineteenth, eighteen hundred and seventy-one, and 
filed with the county commissioners of the county of Nor- 
folk, is hereby ratified and confirmed. 

Section 2. The Old Colony and Newport Railway Com- 
pany is hereby authorized to locate, construct, maintain and 
operate a railroad from a point on the railroad purchased of 
the Granite Railway Company, or the extension thereof as 
shown on the plan of location referred to in section one of 
this act, to a point of connection with its main line near its 
intersection with the boundary line between Quincy and 
Braintree, under the provisions of all general laws relative 
to railroad corporations. 

Section 3. Chapter two hundred and thirty-two of the 
acts of eighteen hundred and forty-six, and chapter eighty- 
four of the acts of eighteen hundred and forty-eight, so far 
as they relate to the construction of the branch railroads 
therein mentioned, are hereby revived ; and the said Old 
Colony and Newport Railway Company is hereby authorized 
to locate, construct, maintain and operate any of said branch 
railroads : provided, that no such branch railroad shall be 
located until the approval thereof by the board of railroad 
commissioners is first obtained. 

Section 4. For the purposes aforesaid and for the pur- 
pose of reducing its funded debt, the Old Colony and New- 
port Railway Company is hereby authorized to increase its 
capital stock to six million five hundred thousand dollars : 
provided, the stockholders of said corporation shall vote so to 
do at a meeting called for that purpose ; and further provided, 
such stock shall not be issued at less than its par value actu- 
ally paid in in cash. 

Section 5. Sections two and three of this act shall be 
void, so far as the powers therein granted are not exercised 
within five years from the passage of this act. 

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

Approved February 24, 1871. 



1871.— Chapters 55, 56, 57, 58. 469 

An Act concerning the punishment for rape. Chap. 55. 

Be it enacted., ^c, as follows : 

Section 1. Whoever ravishes and carnally knows a fe- Punishment for 
male of the age of ten years or more, by force and against ^^^^' 
her will, or unlawfully and carnally knows and abuses a 
female child under the age of ten years, shall be punished 
by imprisonment in the state prison for any term of years or 
for life. 

Section 2. Section twenty- six of chapter one hundred ^^p^^^- 
and sixty of the General Statutes is hereby repealed. 

Approved February 27, 1871. 

An Act concerning the lynn odd fellows hall association. Chap. 56. 

Be it enacted, Sfc, as folloivs : 

Section 1. The acts of the Lynn Odd Fellows Hall Asso- ,^ets of Lynn 

*f Ouu Fellows 

elation are hereby made valid to the same extent as they Haii Associa- 
would have been valid had said corporation been authorized tionmadevahd. 
by chapter two hundred and eighty-nine of the acts of the 
year eighteen hundred and sixty-nine to have a capital stock 
of one hundred thousand dollars, divided into shares of one 
hundred dollars each. 

Section 2. Aiithority is hereby given to said corporation capital stock 
to have a capital stock of one hundred thousand dollars, 
divided into shares of- twenty-five dollars each. 

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

Approved February 28, 1871. 
An Act to amend an act to incorporate the nickerson's Chap. 57. 

WHARF company. ^ 

Be it enacted, Sfc, as follows : 

Section 1. Section two of chapter fifty-six of the acts of f-^^^ffJ^^^^ 
the year eighteen hundred and seventy, is hereby amended 
by inserting immediately before the word '■'■ provided, ^^ the 
words and may build, purchase, charter and manage vessels, 
for the purpose of carrying on a general fishing and freight- 
ing business. 

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

Approved February 28, 1871. 
An Act to incorporate the north attleborough union build- (JJiqv) 5ft 

ING association. . "' 

Be it enacted, Sfc, as follows : 

Section 1. Stephen Richardson, Josiah D. Richards, corporators. 
Charles fi. Smith, their associates and successors, are hereby 
made a corporation by the name of the North Attleborough Name and pur- 
Union Building Association, for the purpose of erecting and ^°^ ' 
maintaining in that part of Attleborough called North Attle- 



470 1871.— Chapter 59. 

borough, a building for a public hall, hotel and market- 
house and any other lawful purpose, with offices and stores 

Powers and Connected therewith ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter be 
in force, applicable to such corporations. 

anS'shares!'' SECTION 2. Said Corporation may have a capital stock not 
exceeding seventy-five thousand dollars, divided into shares 
of one hundred dollars each : provided^ however^ that said 
corporation shall not incur any liability until the sum of 
twenty thousand dollars has been paid in in cash. 

«slnuued\t Sections. Every stockholder may vote according to the 

more than ten number of his sharcs, when the whole number of such shares 
does not exceed ten ; but no stockholder shall be entitled to 
more than ten votes. 

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

Approved February 28, 1871. 

Chat). 59. "^^ ^^^ "^^ CHANGE THE HARBOR LINE OF GLOUCESTER HARBOR. 

Be it enacted, ^c, as follows: 

tsoo'^m^f-z!^ Section 1. Section tvro of chapter one hundred and 
twenty-four of the acts of the year eighteen hundred and 
sixty-six, entitled " an act to establish certain harbor lines 
in the harbor of Gloucester," is hereby amended by striking 
out the words " nine hundred and ten feet to a point three 
hundred and seventy-five feet distant from monument D ; 
thence in a straight line south-westerly, one hundred and 
eighty-six feet to a point four hundred and nineteen feet 
distant from monument D ; thence running south westerly 
and southerly on an arc of a circle of two hundred and 
sixty-six feet radius a distance of two hundred and fifty feet 
to a point four hundred and fifty-seven feet distant from 
monument D ; thence in a straight line south-easterly three 
hundred feet to the south-west corner of the present wharf 
of S. Wonson," and inserting in place thereof the following 
words, viz. : " eleven hundred and fifty feet to a point five 
hundred and thirty-two feet distant from monument D ; 
thence in a straight line south-westerly one hundred and 
thirty feet to a point five hundred and thirty-seven feet dis- 
tant from monument D ; thence in a straight line south- 
easterly four hundred and ninety-five feet to the south-west 
corner of the present wharf of S. Wonson." 

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

Approved February 28, 1871. 



1871.— Chapters 60, 61, 62, 63. 471 

Av Act to authorize the town of medford to construct a Chap. 60. 

BRIDGE OVER MYSTIC RIVER. 

Be it enacted, ^"c, as follows : 

Section 1. The selectmen of the town of Medford are Medford may 
hereby authorized to lay out a way, and said town is hereby brfrigrover 
authorized to construct and maintain a bridge over Mystic bl^^e'ln \Nin- 
river at some point between the Winthrop street bridge and t*"^"^,? ^^''^^i 
the bridge of the Boston and Lowell Railroad Corporation, ton & Loweii 
both in said town, subject to the provisions of section four of BridgT.*^ 
chapter one hundred and forty-nine of the acts of the year 
eighteen hundred and sixty-six, and 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 February 28, 1871. 

An Act making bailable the offences of rape and arson. ChciT). 61. 
Be it enacted, ifc, as follows : 

Section 1. The offences of rape and arson shall be bail- Swe*^ ''"*''' 

able. ofl'euces. 

Section 2. All acts and parts of acts inconsistent herewith 
are hereby repealed. Approved February 28, 1871. 

An Act to authorize the weetamoe mills to construct a Chap. 62. 

WHARF in fall RIVER. 

Be it enacted, §r., as follows: 

Section 1. License is hereby given to the Weetamoe May buiid 
Mills to construct a wharf in Fall River from a lot of land Kiver. 
owned by said corporation on the easterly side of Taunton 
river, near Slade's ferry, so called ; said wharf not to exceed 
in width the width of said lot of land on the river front, and 
not to extend into said river beyond limits to be prescribed funded* beyond 
by the board of harbor commissioners, subject to section commissioners' 
four of chapter one hundred and forty-nine of the acts of 
the year eighteen hundred and sixty-six, and chapter four 
hundred and thirty-two of the acts of the year eighteen hun- 
dred and sixty-nine. 

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

Approved March 3, 1871. 



An Act to authorize albert w. mann to extend Harris's 

WHARF, in boston. 



Chap. 63. 

Be it enacted, §-c., as follows: 

Section 1. License is hereby given to Albert W. Mann, jj^y extend 
lessee of Harris's wharf, so called, in the city of Boston, to ^^'^^^rf in bos- 
extend said wharf to the commissioners' 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, 



472 1871.— Chapters 64, 65, 66. 

and cliapter 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 March 3, 1871. 

Chap. 64. An Act to revive the waltham bank for certain purposes. 

Be it enacted, Sfc, as follows : 

ft)r*con/e:SnS ^ECTiON 1. The Corporation heretofore known as the 
of property. president, directors and company of the Waltham Bank, 
located at Waltham, is hereby revived and continued for the 
purpose of enabling the directors of said bank at the time 
when the same became an association for carrying on the 
business of banking under the laws of the United States, to 
convey, assign and transfer to the Waltham National Bank 
of Waltham any real estate or interests therein of the said 
Waltham Bank, and for no other purpose wliatever. 
Section 2. This act shall take effect upon its passage. 

Approved March 3, 1871. 

Chop. 65. An Act to authorize the town of medford to issue additional 

water fund bonds. 
Be it enacted, §'c., as folloivs : 

uonai'wlte?*^'' SECTION 1. The towu of Mcdford is hereby authorized, 
fund bonds. for the purposcs mentioned in the third section of chapter 
one hundred and sixty of the acts of the year eighteen hun- 
dred and seventy, to issue bonds to an amount not exceeding 
fifty thousand dollars, in addition to the amount therein au- 
tiiorized to be issued, upon like terms and conditions, and 
with like powers in all respects as are provided in said act 
for the Issue of bonds of said town. 

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

Approved March 3, 1871. 
Chap. 66. An Act to revive the neponset bank of canton for certain 

PURPOSES. 

Be it enacted, Sj'c, as follows : 

for'^clfuve^-ance SECTION 1. The existcuce of the corporation heretofore 
ofproperty. kuown as the president, directors and company of the Ne- 
ponset Bank, and located in Canton, is hereby revived and 
continued for the purpose of enabling the president and di- 
rectors of said bank, at the time when the same became an 
association for carrying on the business of banking under 
the laws of the United States, to convey, assign, and transfer 
to the Neponset National Bank of Canton any real estate or 
interests therein of said Neponset Bank, and for no other 
purpose wliatever. 

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

Approved March 3, 1871. 



I 



1871.--CHAPTERS 67, 68. 473 

An Act to incorporate the athol music hall association. Chap. 67. 
Be it enacted., ^'c, as follows: 

Section 1. Addison M. Sawyer, Lyman W. Hapgood, Corporators. 
Washington H. Amsden, their associates and successors, are 
hereby made a corporation by the name of the Athol Music Name and pur- 
Hall Association, for the purpose of erecting and maintain- p°*^' 
ing in the town of Athol, a building for a public hall, and 
any other lawful purpose ; with all the powers and privileges, Powers and 
and subject to all the duties, restrictions and liabilities set '" '*^*" 
forth in all general laws which now are or hereafter may 
be applicable to such corporations. 

Section 2. Said corporation shall have a capital stock capital stock 
not exceeding thirty thousand dollars, divided into shares of '^'^ * *'"^** 
one hundred dollars each. 

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

Approved March 3, 1871. 

An Act to incorporate the trustees of the smith academy. Chap. 68. 
Be it enacted, §"c., asfolloios : 

Section 1. Joseph D. Billings, George W. Hubbard, corporators. 
Jonathan S. Graves, Alpheus Cowles, Silas G. Hubbard, 
Frederick D. Billings, William H. Dickinson, and Daniel 
W. Wells, all of Hatfield, and their successors, are hereby 
constituted a body corporate under the name of The Trus- Name and par- 
tees of the Smith Academy, to be established at Hatfield, ^^^^' 
and to be managed and conducted in accordance with the 
plan and provisions set forth in the last will of Sophia Smith, 
late of said Hatfield. And the said trustees shall have Trustees and 

J ^1 ., /. ^. , ,• • other officers. 

power and authority from time to time as vacancies may 
occur in their board, to elect, by ballot new members to fill 
the same ; also to elect a president, vice-president, secretary 
and treasurer, and such other officers of said corporation as 
may be found necessary, and to declare the duties and ten- 
ures of these respective offices ; and also to remove any trus- 
tee from the same corporation, when in their judgment he 
shall be rendered incapable by age or otherwise of discharg- 
ing the duties of his office, or shall neglect or refuse to per- 
form the same : provided^ nevertheless^ that the number of 
members shall never be greater than eight. 

Section 2. The said corporation shall have full power corporaUoM. 
and authority to determine at what time and places their 
meetings shall be held, and the manner of notifying the 
trustees to convene at such meetings ; from time to time to 
appoint a principal, preceptress, and such teachers or assist- f/achlrs'&c. 
ants as in their judgment the said academy requires, and 
to determine the duties and compensation of each, and the 



474 1871.— Chapters 69, 70. 

tenure of their several offices ; to make and ordain as occa- 
Ruiesandrcgu- siou may require, reasonable rules, orders and by-laws not 
lations. repugnant to the constitution and laws of this Common- 

wealth, with reasonable penalties for the good government 
of said academy, and for the regulation of their own body ; 
and to determine and regulate the course of study in said 
academy : provided, nevertheless, that no corporate business 
shall be transacted at any meeting unless five at least of the 
trustees are present; and provided, further, that all action 
under the provisions of this section shall be subject to any 
express directions and restrictions named in said will. 
Mnti estatr'^' SECTION 3. The Said corporation shall be capable of 
taking and holding in fee-simple, or any less estate, by gift, 
grant, bequest, devise, or otherwise, any lands, tenements, 
or other estate, real or personal, and of managing, invest- 
ing, appropriating and disposing of the same, and of the 
rents and profits thereof, in such manner as shall best pro- 
mote the prosperity of said academy and the objects for 
wliich it is founded, they conforming to the will of the found- 
er and of any donor or donors in the application of any 
estate which has been, or may be given, devised or be- 
queathed for any object connected with the said academy : 
provided, however, the clear annual income of all said estate 
shall not exceed ten thousand dollars. 

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

Approved March 3, 1871. 

Chap. 69. -^^ -^^^ ^^ CONTINUE IN FORCE CERTAIN ACTS RELATING TO THE 
"' ' merchants' INSURANCE COMPANY IN BOSTON. 

Be it enacted, ^'c, as follows : 

edwMwa'vnni- Chapter sixty-six of the acts of the year eighteen hundred 
tation of time, and sixtccu, entitled an act to incorporate the Merchants' 
Insurance Company in Boston, and all acts or parts of acts 
in addition thereto, or in amendment thereof, shall continue 
and remain in force from and after the fifth day of Decem- 
ber, eighteen hundred and seventy-six ; and said corporation 
shall have all the powers and privileges, and be subject to 
all the duties, restrictions and liabilities set forth in all gen- 
eral laws which now are or hereafter may be in force relat- 
ing to such corporations, in like manner and to the same 
effect as if said act incorporating said company had contained 
no limitation of time. Approved March 3, 1871. 

ChaV 70 "^^ ^'^^ ^^ INCORPORATE THE CENTRAL SAVINGS BANK IN LOWELL. 

Beit enacted, Sfc, as follows : 

Corporators. SECTION 1. Hiram Parker, George Richardson, Thomas 

S. Shaw, their associates and successors, are hereby made a 



\ 



1871.— Chapter 71. 475 

corporation by the name of The Central Savings Bank, to Name and pur- 
bc located at or near the junction of Central and Merrimack ^°''' 
streets, in the city of Lowell ; with all the powers and privi- ^°jYe7^ *°*^ 
leges, 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 institutions for savings. 

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

Approved March 3, 1871. 

An Act to incorporate the smith college. CliaD 71. 

Be it enacted^ cVc, as follows : 

Section 1. Charles E. Forbes and Osmyn Baker of North- corporators 

, ., fliicl trustees 

ampton, John M. Greene of Lowell, William S. Tyler and 
Julius H. Seelye of Amherst, William B. Washburn of 
Greenfield, Edwards A. Park of Andover, Joseph White of 
Williamstown. Birdseye G. Northrop of New Haven, Edward 
B. Gillett of Westfield, and George W. Hubbard of Hatfield, 
their associates and successors, are hereby constituted a 
body corporate, by the name of The Trustees of the Smith ^J"™^ ^^^^ pi""- 
College, the leading object of which shall be the higher edu- 
cation of young women, in accordance with the plan and 
provisions prescribed in the last will of Sophia Smith, late 
of Hatfield. And for the orderly conducting of the business Trustees may 
of said corporation, the said trustees shall have power and cmpomion! ^^ 
authority from time to time, as occasion may require, to 
elect a president, vice-president, secretary and treasurer, and 
such other officers of said corporation as may be found neces- 
sary, and to declare the duties of their respective offices and 
to elect new trustees ; and to remove any trustee from the 
same corporation, when in their judgment he shall be ren- 
dered incapable, by age or otherwise, of discharging the 
duties of his office, or shall neglect or refuse to perform the 
same : provided^ nevertheless^ that the number of trustees 
shall never be greater than fifteen. 

Section 2. The said corporation shall have full power sieeiings. 
and authority to determine at what times and places its meet- 
ings shall be held, and the manner of notifying the trustees 
to convene at such meetings ; from time to time to elect a 
president of said college, and such professors, instructors, professors and 
teachers and other officers of said college as they shall judge teachers. 
most for the interest thereof, and to determine the duties, 
salaries, emoluments, responsibilities and tenures of their salaries. 
several offices ; and the said corporation is further empow- 
ered to purchase or erect, and keep in repair, such houses college buUd- 
and other buildings as it shall judge necessary for the said ^"^'" 
college ; to make and ordain, as occasion may require, rea- 



476 1871.— Chapter 71. 

sonable rules, orders and by-laws, not repugnant to the con- 
stitution and laws of the Comtnonwealth, with reasonable 
penalties for the good government of the said College, and 
for the regulation of its own body; to determine and regu- 
Course of in- late the course of instruction in said collesre, and to grant 

struction. ,. . ,", i 

Degrees and sucli uouorary testimonials and conier such honors, degrees 

ip omas. ^^^ diplomas as are granted or conferred by any university, 

college or seminary of learning in the United States ; and 

the diplomas so granted shall entitle the possessors to the 

immunities and privileges allowed by usage or statute to the 

possessors of like diplomas from any university, college or 

j^rity^of °frus*^' scmiuary of learning in this Common wealth : provided, never- 

tees necessary theless, that uo corporatc busiuess shall be transacted at any 

to transact ' ^. , *..„, , "^ 

business. meeting unless a majority oi the trustees are present, 

seal inland be SECTION 8. Tlic Said Corporation may have a common 
sued, &c. geal, which it may alter or renew at its pleasure, and all 

deeds sealed with the seal of said corporation, and signed 
by its order, shall when made in the corporate name, be con- 
sidered in law as the deeds of the said corporation ; and said 
corporation may sue and be sued in all actions, real, per- 
sonal or mixed, and may prosecute the same to final judg- 
ment and execution by the name of The Trustees of the 
an'd'pe^sona?^' Smith Collcgc ; and said corporation shall be capable of tak- 
estate. j^g and holding in fee simple or any less estate, by gift, 

grant, bequest, devise or otherwise, any lands, tenements or 
Proviso. other estate, real or personal : provided^ that the clear an- 

nual income of the same shall not exceed fifty thousand 
dollars. 
SomsTo^beTp*^ Section 4. The clear rents and profits of all the estate, 
plied to endow- peal aiid personal, of which the said corporation shall be 

ment of college. • ■ i i i n i • i i -, 

seized and possessed, shall be appropriated to the endow- 
ment of the said college in such manner as shall most effec- 
tually promote the high standard of education and culture 
aimed at by the founder, the said trustees conforming to the 
will of the founder, and of any donor or donors in the appli- 
cation of any estate whicli has been or may be given, devised 
or bequeathed for any object connected with the college. 
^°ijegl°° °^ Section 5. The board of trustees, when organized, are 

authorized and required to locate the said college in North- 
ampton, provided the citizens or town' of Northampton, 
within two years from December fifth, in the year eighteen 
hundred and seventy, shall raise and pay over, or cause to 
be raised and paid over to the said board of trustees, if or- 
ganized, or if not, to tlie two trustees named in the fifth sec- 
lion of the founder's will, or to their proper successors, the 
sum of twenty-five thousand dollars for the purposes speci- 



1871.--CHAPTERS* 72, 73. 477 

fied in said will. And upon the failure or refusal of the cit- 
izens or town of Northampton so to do, tlien the said trus- 
tees, when organized, shall locate the said college in Hatfield, 
and in whichever town located, the said trustees are author- 
ized to select therein a suitable site therefor, and to purchase 
or otherwise acquire and hold all such real estate as in the 
judgment of said trustees may be required for the buildings 
and grounds connected with said college. 

Section 6. The legislature may grant any further pow- Legislature 

, 1, T>. 1 J. • c J.I may alter or an- 

ers to, or alter, limit, annul or restrain any oi tlie powers mii any powers 
vested by this act in tlie said corporation, as shall be found ^^'^^'^ ^^^^ ^'^'■ 
necessary to promote the best interests of the said college. 
Section 7. This act shall take effect upon its passage. 

Approved March 3, 1871. 

An Act to incorporate the Winchester savings bank. Chap. 72. 

Be it enacted, ^'c, as follows: 

Section 1. John T. Manny, A. K. P. Joy, Henry B. Met- corporators. 
calf, David N. Skillings, J. F. Dwinell and Stephen Cutter, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Winchester Savings Bank, to be ^'ame and pur- 
located in the town of Winchester ; with all the powers and rowers 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, applicaljle to institutions for savings. 

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

Approved March 3, 1871. 

An Act to incorporate the boston art club. Chat). 73. 

Be it enacted, §'c,, as follows : 

Section 1. Charles C. Perkins, Horace H. Moses, George corporators. 
D. Russell, their associates and successors, are hereby made 
a corporation by the name of the Boston Art Clul), to be Name and pur- 
located in the city of Boston, for the purpose of advancing ^°^^' 
the fine arts by the establishment of an art gallery and 
library ; with all the powers and privileges, and subject to Powers and 
all the duties, restrictions and liabilities set forth in all gen- *^"''®^- 
era! laws which now are or hereafter may be in force appli- 
cable to such corporations. 

Section 2. Said corporation for the purpose aforesaid, ftfuii^e^tatl."*' 
may hold real and personal estate to an amount not exceed- 
ing one hundred thousand dollars. 

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

Approved March 3, lb71. 



478 1871.— Chapters 74, 75, 76, 77. 

Chap. 74. A^' Act to authorize samuel ingalls to construct a wharf 

IN WINTIIROP. 

Be it enacted, Sj'c, as follows : 

wimrf mfcifei- SECTION 1. LicGusG is hereby given to Samuel Ingalls to 
spa Creek, in construct a wliarf from land owned by him, on Chelsea 
rop. creek, in the town of Winthrop, the location, width and 
extent thereof to be determined by the board of harbor com- 
missioners, subject to the provisions of section four of chap- 
ter one liundred and forty- nine of the acts of the year eigh- 
teen hundred and sixty-six, and 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 March 3, 1871. 

ChciV 75 -A^ ^^^ ^^ REGULATE THE USE OF WENHAM LAKE FOR BATHING AND 
-* ' ' OTHER PURPOSES. 

Be it enacted, Sfc, as follows: 
Penalties ftr SECTION 1. Whocver shall wash any domestic animals or 
hauiLake. ^'^ bathe in Wenham Lake within five hundred yards of the 

mouth of the conduit pipe of the Salem water works in 

North Beverly, shall, for every such offence, be punished by 

a fine not exceeding ten dollars. 
bri'n^'tuuted *^ Section 2. All prosecutions under the preceding section, 
within thirty shall be instituted within thirty days from the time of com- 
^'''^'" mitting the offence. Approved March 3, 1871. 

Chnp. 76. -A.N Act RELATING TO THE PUNISHMENT FOR ARSON, BURGLARY AND 

OTHER OFFENCES. 

Be it enacted, Sfc., as follows : 
Amendments ^^ Scctions ouc, two and ten of chapter one hundred and 
2, 10. sixty-one of the General Statutes, are hereby amended by 

adding at the end of each of said sections the words " or for 
any term of years." Approved March 3, 1871. 

Chop. 77. ^^ -A^^ MAKING ADDITIONAL APPROPRIATIONS FOR CERTAIN EX- 
^' ' PENSES AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND 

SEVENTY, AND PREVIOUS YEARS, AND FOR OTHER PURPOSES. 

Be it ejiacted, c^c, as follows : 

Apprapria- SECTION 1. The sums hereinafter mentioned are appro- 

priated to be paid out of the treasury of the Commonwealth, 
from the ordinary revenue, except in cases otherwise or- 
dered, for the purposes specified herein, to wit : 

LEGISLATIVE DEPARTMENT. 

bindi!i^^ord"e'Jed ■^^'^ printing and binding ordered by the senate or house 
by legislature, of representatives, or by the concurrent order of the two 



1871.-~Chapter 77. 479 

branches, a sum not exceeding five thousand three hundred 
and twelve dollars and thirty-two cents. 

For books, printing and stationery, ordered by the ser- Bonks and sta- 
geant-at-arms, for the legislature, a sum not exceeding one ^-'I'^geaut-at- 
hundred and fifty-two dollars and thirty cents. 



arms. 



STATE PRINTING. 

For printing and binding the series of public documents PubUc docu- 
in the last quarter of the year eighteen hundred and sixty- of I,'* 4. 
nine, a sum not exceeding two thousand one hundred and 
sixty-seven dollars and forty- six cents. 

For registration blanks for the secretary's department, a Registration 
sum not exceeding three hundred and twenty-one dollars and G.'^s'^li. 
twenty-eight cents. 

The unexpended balance of the appropriation made in provincial 
chapter four hundred and sixty-six of the acts of the year Revise?, s?. 
eighteen hundred and sixty-nine, for the publication of the 
Provincial Laws, amounting to five thousand eight hundred , 
and seventy-two dollars and twenty-nine cents, is hereby re- 
appropriated for the same purpose. 

MISCELLANEOUS. 

For militia bounty, a sum not exceeding four hundred and Miutia bounty^ 

, „ - "^ ' ° ISdO, 219; 1&6^, 

Sixty dollars and ten cents. 2(i6. 

For military accounts, a sum not exceeding three thousand counts!'' *'' 
one hundred dollars. ^'I^f ' ~^^' i^«'' 

For medical, surgical and hospital supplies for the use of Medical sup- 
the state militia, a sum not exceeding forty- seven dollars. i&^i, 219; isc?. 

For expenses of the secretary of the board of agriculture, f^cretary board 
a sum not exceeding seventy-seven dollars and fourteen ^ ^aKricuiturt. 
cents. 

For the personal expenses of members of the board of ^u^ifure^'exm-u 
agriculture, a sum not exceeding five hundred dollars. sea. 

For incidental expenses of the board of agriculture, a sum incidentai'ex- 
not exceeding twenty-six dollars and fifty-five cents. peu»e!,. 

For expenses of the harbor and railroad commissioners, ^/}^^°^ ^^^ 
incurred in printing their report to the legislature, a sum mis^ioners. 
not exceeding six hundred and fifty-four dollars and sixteen ^*""' ^"^" 
cents. 

For expenses of the supreme judicial court, a sum not ex- s.j. c. expen- 
ceeding one thousand two hundred and thirteen dollars and g^s. 112. 
twenty-nine cents. 

For the construction and repair of roads in the town of ^i^^hpel? 
Mashpee, a sum not exceeding one hundred and fifty dollars, isro, 293. 



■480 1871.— Chapter 77. 

ration. °^ ^^^' ^or incidental expenses of the board of education, a sum 

G. s. 34. not exceeding two hundred and forty-tliree dollars and six- 

teen cents, payable from the moiety of the income of the 
Massachusetts school fund applicable to educational purposes. 

Boston harbor. Qf ^Jjq appropriation made by authority of chapter four 
hundred and forty-six of the year eighteen hundred and 
sixty-nine, for the purchase of lands for the benefit of 
the flats of the Commonwealth in Boston harbor, there is 
hereby re-appropriated a sum not exceeding one thousand 
five hundred dollars. 

lufssioners'™ ^^^^ cxpeuscs of the harbor commissioners, a sum not ex- 

1666, Hy. ceeding five hundred and eighty dollars and fifty-four cents. 

count^*' '**'" ^^^ sheriffs' accounts, a sum not exceeding seventy-five 

G. s. 157. dollars. 

liil^ts'^^' '° -^^^^ expenses of coroners' inquests, a sum not exceeding 

(i. s. 157, 175. fifty dollars. 

for**"fri's'^' ^'''''^ -^^^ current expenses of the industrial school for girls, a 

G.s. 75.' sum not exceeding one thousand four hundred and jiinety- 

five dollars and fifty- five cents. 

hl"fice!*'^ ^'""^ ^or expenses attending the arrest of fugitives from justice, 

G. s. 177. a sum not exceeding two hundred and forty dollars. 

ii5^^2w.^*'^' ^^^' compensation and expenses of the state police, a sum 

not exceeding sixteen thousand six hundred and sixty-nine 
dollars and fifty-three cents. 

^cue'^pri^on. °^ Of the appropriation made by authority of chapter ninety- 
nine of the resolves of the year eighteen hundred and sixty- 
nine, for the reconstruction of worksliops at the state prison, 
there is hereby re-appropriated a sum not exceeding four 
hundred and thirty-nine dollars and ten cents for the same 
purpose. 

Hoosac tunnel. fpi^g Unexpended balance of the appropriations made in 
' chapter three hundred and thirty-three of the acts of the 
year eighteen hundred and sixty-eight, may be applied in 
payment of any necessary expenses incurred, or that may be 
incurred, for the purposes of said act, which the governor 
and council shall direct in addition to those authorized in 
said act. 

iioo^rcTunnei. ^^^ ^^^^ expcusc of a highway across land of the Com- 
monwealth, near the east end of the Hoosac tunnel, as 
authorized by section three of chapter two hundred and fifty- 
two of the acts of eighteen hundred and seventy, the sum of 
fifteen hundred dollars. 

rrHVmJ"^")r*ai*nst "^^r expeiiscs incurred under the provisions of section 

uuitek states, thrcc of chaptcr two hundred and sixteen of the acts of the 
year eighteen hundred and sixty-one, in the settlement of 



1871.— Chapters 78, 79. 481 

claims against the United States, a sum not exceeding two 
hundred dollars. 

For expenses of the commissioners on fisheries, as commissioners 
authorized by chapter two hundred and thirty-eight of the ^"^ fi^i^^ries. 
acts of the year eighteen hundred and sixty-six, a sum not 
exceeding seven hundred and forty-four dollars and sixty- 
four cents. 

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

Approved March 3, 1871. 
An Act to amknd chapter one hundred and fifty of the QJidn^ 78. 

GENERAL STATUTES IN RELATION TO LIENS ON BUILDINGS AND "' 

LAND. 

Be it enacted, ^*c., a.9 folloics : 

The one hundred and fiftieth chapter of the General Stat- ^"^"i*?^^"* *° 
utes is hereby amended as follows ; by striking out from said 
chapter the fourteenth section-, and inserting instead thereof 
as section fourteen of said chapter the following : The court 
in which the petition is entered, or the clerk thereof in vaca- 
tion, shall order notice to be given to the owner of the build- 
ing or structure, that he may appear and answer thereto at 
a certain day in the same term or at the next term, by serv- 
ing him with an attested copy of the petition with the order 
of the court or clerk thereon, fourteen days at least before 
the time assigned for the hearing ; and the court, or the 
clerk thereof in vacation, shall also order notice of the filing 
of the petition to be given to the debtor and to all other 
creditors who have a lien of the same kind upon the same 
estate, by serving tiiem with a copy of the last mentioned 
order in like manner. In case the petition is entered in a 
municipal or police court, or before a justice of the peace, 
the day for such appearance and answer shall be fixed at not 
more than sixty days from the day of such entry. 

Approved March 3, 1871. 

An Act making appropriations from the funds and the income /^7,-,„ 70 

OF THE FUNDS HEREIN MENTIONED AND for OTHER PURPOSES. /' 

Be it enacted, §'c., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the funds and the income of the *^°"*' 
funds, as specified, to wit: 

Tlie 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 xodd normal 
ia the trea,surer of the board of education, to be applied in 



482 



1871.— Chapter 80. 



Agricultural 
college fund. 



Charles river 
and Warren 
bridge fund. 



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

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

Section 2. The sums mentioned in this section are ap- 
propriated, to be paid out of the Charles River and Warren 
bridge fund, for the year eighteen hundred and seventy-one, 
to wit : 



Kepairs. 



Horse-keeping. 



Gas and oU. 



Incidental ex- 
penses. 



Draw-tender. 



ON ACCOUNT OF THE CHARLES RIVER BRIDGE. 

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

For horse-keeping, a sum not exceeding six hundred dol- 
lars. 

For gas, oil, fluid, 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, a 
sum not exceeding one thousand two hundred dollars. 



Bepairs. 

Horse-keeping. 
Gas and oU. 



Incidental ex- 
penses. 



Draw-tender. 



Chap. 80. 

Corporators. 



Name and pur- 
pose. 



ON ACCOUNT OF WARREN BRIDGE. 

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

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

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

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

For the compensation of the draw-tender on said bridge, 
a sum not exceeding one thousand two hundred dollars. 

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

Approved March 3, 1871. 

An Act to incorporate the blue hill land company. 

Be it enacted, §'c., as follows : 

Section 1. Henry M. Clark, George W. "Wheelwright, 
and A. G. Bowles, their associates and successors, are here- 
by made a corporation by the name of the Blue Hill Land 
Company, during and for the term of twenty years from and 
after the passage of this act, for the purpose of purchasing, 
improving, building upon, selling, leasing, or otherwise dis- 
posing of land in the towns of Milton, Hyde Park and Ded- 
ham, now held by J. Dixwell Thompson, in trust for the 



I 



1871.— Chapter 81. 483 

Blue Hill Land Company, and such contiguous territory not 
exceeding in the whole five hundred acres, as shall from 
time to time be purchased by said corporation, and perform- 
ing such other legal acts as may be necessary in accomplish- 
ing said objects, and shall have all the powers and privileges, powers and 
and be subject to all the duties, restrictions and liabilities set <^"'i^^- 
forth in all general laws which now are or hereafter may be 
in force, applicable to such corporations. 

Section 2. The capital stock of said corporation shall not ^^g'g^^^re's*'^ 
exceed three hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each, and no share shall 
be issued until the amount thereof has been paid in in cash. 
No note or obligation given by a stockholder, whether 
secured by pledge or otherwise, shall be considered as pay- 
ment of any part of the capital stock : provided^ that the 
said corporation shall not incur any liability until at least 
fifty thousand dollars in cash shall have been paid in. 

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

Approved March 3, 1871. 
An Act to authorize the county commissioners of hampden r'han 81 

COUNTY TO take LAND, AND FOR OTHER PURPOSES. "' 

Be it enacted, Sj'c, as follows : 

Section 1. The county commissioners of the county of fionei-rm'^''" 
Hampden may purchase or otherwise take any parcel or par- jj^Hf^'gourt** 
eels of land, not exceeding one-half an acre in extent, within house. 
the limits of the city of Springfield, not appropriated to 
public or religious uses, for the purpose of locating and 
building a court house for said county. 

Section 2. The said commissioners shall, within sixty To eie descrfp- 
days after such taking, file for record in the registry of deeds reglsu-y of 
for said county, a description of the land so taken, and the '''^®'^®' 
title of the same shall thereupon vest in said county. 

Section 3. All damages occasioned by the taking of land i>ai»ages. 
under this act may be determined and recovered in the same 
manner as is now provided by law in case of lands taken for 
highways. 

Section 4. For the purpose of carrying out the provisions May borrow 
of this act, said commissioners may borrow on the credit of ^^°''^'^' 
said county, a sum not exceeding fifty thousand dollars. 

Section 5. Any parcel of land taken under authority of 
this act shall revert to the owner thereof, his heirs or as- 
signs, unless a court house shall be erected thereon within 
three years after the recording of the description of said land 
as herein provided. 

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

Apjiroved March 3, 1871. 



484 



1871.— Chapter 82. 



Chap. 



82. An Act to cede jurisdiction to the united states over cer- 
tain LAND IN THE CITY OF BOSTON. 



Jurisdiction 
ceded to U. S. 
of land in Bos- 
ton for a post- 
office and sub- 
treasury. 



State retains 
concurrent ju- 
risdiction. 



Proviso. 



Plan to be filed 
in secretary's 
office within 
one year. 



Be it enacted, Sfc, as follows : 

Section 1. Jurisdiction is hereby ceded to the United 
States over the following described tract of additional land 
for the site of the new post-office and sub-treasury building 
in the city of Boston, when the United States shall have ac- 
quired title thereto. The said additional land adjoins the 
tract already purchased by the United States in the block 
bounded by Devonshire, Water, Congress and Milk streets, 
and is bounded and described as follows : beginning at the 
most north-westerly corner of said estate, at a point in the 
southerly line of Water street, said point being in the divi- 
sion 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 
land of the 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 point 
of beginning ; containing eight hundred and twelve square 
feet, more or less, being a strip of land eleven feet wide, 
owned by said Merchants' Insurance Company and over 
which the United States have a right of way : provided, 
ahvai/s, that this Commonwealth shall retain and does retain 
concurrent jurisdiction with the United States in and over 
all the lands aforesaid so far that civil and criminal process- 
es, 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 exclusive jurisdiction shall revert to 
and revest in the Commonwealth of Massachusetts whenever 
said land shall cease to be used by the United States for 
public purposes. 

Section 2. This act shall be void unless a suitable plan 
of the additional land aforesaid shall be filed in the office of 
the secretary of the Commonwealth within one year after 
the title shall be acquired as aforesaid. 

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

Approved March 8, 1871. 



1871.— Chapters 83, 84, 85. 485 

Ax Act to prevent the obstruction of highways by railroad Clwp. 83. 

CORPORATIONS. 

Be it enacted, §'c., as follows ': 

Section 1. No railroad corporation shall unnecessarily Railroad corpo- 

11 1 • 1 • „ rations not to 

or unreasonably use or occupy a highway ; nor ui any c;ise occupy iiighway 
with cars or engines, for more than five minutes at one time, unnecessarily. 
Section 2. Whenever a railroad corporation has used or sufficient time 

. T , . , .1 . -1 J between pas- 

occupied a highway, with cars or engines, no railroad corpo- sage of trains 
ration shall thereafter use or occupy the same, with the cars for accommo^tia- 
or engines of a freight train, until a sufficient time, not ex- ^°° ^Ic^oH^"^' 
ceeding three minutes, has elapsed, to enable travellers who track. 
are ready and waiting for that purpose to cross, on said high- 
way, the tracks of said railroad corporation. 

Section 3. Every violation of this act shall be punished ^foutio/"'^ 
by a fine of one hundred dollars. Approved March 8, 1871. 



Chap. 84. 



An Act to change the time of holding the terms of the 
superior court for the county of berkshire for criminal 
business. 

Be it enacted, ^'c, asfolloivs: 

Section 1. The terms of the superior court for the county Terms of supe- 
of Berkshire, for criminal business, now required by law to BeJ-kshkei ^"^^ 
be held at Pittsfield on the first Mondays of January and 
July, shall hereafter be held at Pittsfield on the second Mon- 
days of January and July in each year. 

Section 2. This act shall not affect the time of holding ximeofhoiding 
the next term of said court, for criminal business, on the aa^cted.'^™ 
first Monday of July next. Approved March 8, 1871. 

An Act to authorize the abutters on herring river in fair- QJiqj) • §5 
haven to erect flood-gates across the channel of said -^' 

river, and for other purposes. 

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

Section 1. Benjamin H. Cliace, Seth A. Mitchell, Wil- corporators. 
liam H. Davis, Henry Waldron, George Brown, Thomas P. 
W. Perkins, Ephraim Pope, Corbit Chandler, James K. Law- 
rence, Ansel Tripp, Henry Stetson, Noah Spooner, Irving B. 
Delano, Hiram Tripp, Jabez Delano, Robert M. Simmons, 
John Alden, Nathaniel S. Higgins, Rebecca W. Stewart, 
Elizabeth H. Wood, Mary W. Smith, Isaac Terry and John 
A. Hawes, their heirs and assigns, abutters on Herring river 
in Fairhaven, are hereby authorized to erect and maintain May erect flood- 
flood-gates in and across the channel of said river, at or near HerrWg river 
the point where Main street, so called, crosses said river, for "^ F^^ir'^iven. 
the .purpose of preventing the ebb and flow of the tide in said 
river, and thereby protecting their land and property from 
damage by the action of salt water ; and in order to cffectu- 



486 



1871.— Chapters 86, 87. 



Compensation 
provided for. 



Liability for 
damages. 



May raise water ally accomplisli the Said object, they may raise the water in 

laVdV&c. °^ said river to a height not exceeding three and fifty -nine one- 

hundredths feet below the top of the northerly cap-stone of 

the bridge crossing said river at Bridge street, and may flow 

the land of any person. 

Section 2. Any person whose land shall be flowed or 
property injured by the erection of said flood-gates, may ob- 
tain compensation therefor in the manner provided in chap- 
ter one hundred and forty-nine of the General Statutes, and 
the several acts in addition thereto. 

Section eS. The said abutters shall be jointly and sev- 
erally liable in an action of tort for all damage which shall 
result in any manner, other than by flowage, from the 
erection or maintenance of said flood-gates. 

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

Approved March 8, 1871. • 

Chan. 86. -^^ -^^^ ^^ provide a clerk for the police court of fitchburg. 

Be it enacted, §'c., as follows : 

court to be"''^ SECTION 1. At the annual municipal election in the town 
ei^j^ted for five of Fitchburg, to be held in the year one thousand eight hun- 
dred and seventy-one, and every fifth year thereafter, a clerk 
of the police court of Fitchburg shall be chosen. Said clerk 
shall perform all the duties now prescribed by the General 
Statutes for clerks of police courts ; and all the provisions of 
law now applicable to clerks of police courts, shall apply to 
said clerk. 

Section 2. Said clerk shall receive an annual salary of 
five hundred dollars, to be paid from the treasury of the 
Commonwealth. 

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

Approved March 8, 1871. 



years. 



Salary, $500, to 
be paid by 
State. 



Chap. 87. 



Corporators, 



Name and pur- 
pose. 

Trustees may 
elect officers of 
corporation, 



An Act to incorporate the trustees of the memorial hospital 

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

Section 1. Philip L. Moen, Henry Clark, Joseph Sar- 
gent, Thomas H. Gage, Seth Sweetser, Charles Washburn, 
Edward Earle, Timothy K. Earle, Stephen Salisbury, Jr., 
Francis H. Dewey and John D. Washburn, with the officiat- 
ing clergyman, for the time being, of the City Mission 
Chapel, on Summer street in Worcester, ex officio^ and their 
successors, are hereby constituted a body corporate, by the 
name of the Trustees of the Memorial Hospital, and they 
and their successors shall remain a body corporate by that 
name forever. And the said trustees shall have power and 
authority, from time to time, as they may by their by-laws 



nder will 
and 



. 1871.— Chapter 87. 487 

prescribe, to elect a president, secretary and treasurer, and -fi" ^'"canf J^s 

1 1 n- n • -t • 1 . ■■ 1 . 1 i'' board ot trus- 

such Other omcers ot said corporation as they shall judge tees. 
necessary, and prescribe the tenure and duties of said offi- 
cers, and to fill all vacancies in said board of trustees as they 
may occur : provided, such vacancies shall be filled by an Proviso, 
election, at which at least two-thirds as many votes shall be 
cast for any candidate as there are existing and remaining 
trustees in number, at a meeting of said trustees duly called 
and notified for the purpose of such election. The first First meeting 
meeting of said corporation may be called by said Moen, by °^ corporation, 
notifying each member thereof of the time and place of such 
meeting, seven days at least before the time thereof, by a 
written or printed notice delivered to them personally, or 
sent through the post-office ; and all subsequent meetings 
shall be called and notified in such manner as may be pre- • 
scribed, from time to time, by the by-laws of the corporation. 

Section 2. Said trustees may accept, receive, hold, con- Trustees may 
duct and manage all moneys given and devised by the lasl ne^'undeV ""^ 
will and testament of the late Ichabod Washburn, Esq., of ^ra^fj^url'i'* 
Worcester, for founding and maintaining a Memorial Hos- from* other 
pital in Worcester, and all other moneys which may hereaf- '°"'*^^^- 
ter be given or devised to them for the purposes of said hos- 
p'tal, not exceeding four hundred thousand dollars in the 
whole, and may take and hold lands and real estate to be 
acquired by devise, grant, purchase or otherwise, for the 
uses and purposes of said hospital, of the value of one hun- 
dred thousand dollars. Said trustees and their successors 
shall provide and maintain a suitable hospital, and shall 
afford care, comfort and relief to the sick and suffering who 
may require superior medical and surgical skill and science, 
and are, in the judgment of the trustees thereof, and in ac- 
cordance with such rules as the trustees and visitors may 
from time to time prescribe, fit and proper subjects for treat- 
ment therein, having, in all their doings, reasonable refer- 
ence in regard to the wishes, purposes and intentions of said 
Washburn, and any other donor or benefactor as expressed 
in any instrument or writteh declaration of gift or devise of 
any real or personal estate in the uses, management and con- 
duct of said hospital, and any moneys or estate which may 
be given to said trustees or accepted by them for the pur- 
poses tliereof ; and said trustees shall be subject to all the Powers and 
duties, restrictions and liabilities, and have "all the powers '^""'^'• 
and privileges set forth in all general laws which now are 
or may hereafter be in force applicable to such corporations, 
and e-hall in all things, so far as the same can reasonably and 
lavN fully be done, comply with the terms of said will. 



•488 1871.— Chapter 88. 

orTol-whomlo ^^ECTiON 3. There shall be a board of visitors of said hos- 
coiisist. pital, to consist of the following officers for the time being, 

and their successors in said offices, ex officio, viz: the judge 
of probate for the county of Worcester, the chairman of the 
county commissioners for said county, or whoever shall per- 
form the duties of that office, if the name of it shall be 
changed, the superintendent of the Massachusetts Insane 
Hospital at Worcester, the mayor of the city of Worcester, 
the district-attorney for the county of W^orcester, or the 
officer by whatever name who shall do the duties of that 
office, and the sheriff of the county of Worcester, whose 
duty it shall be to visit and examine said hospital as often 
as they shall judge proper, and inquire into and examine as 
to tlie management and conduct of the same, and to ascer- 
• tain if the purposes and objects thereof are being carried 
out in good faith by said trustees ; and they may at all suit- 
al)le times examine any and all books of record or accounts 
Euics and refru- t)f the transactions of said trustees. And all rules and reg- 
tru°tees'subject ulatioiis for tlic couduct and management of said hospital, 
board^orvisit^ ^^^ officers and employees, made by said trustees, shall be 
«"■«• approved by said visitors in order to their becoming of bind- 

ing effect and obligation. Said' visitors may exercise such 
farther powers in respect to said hospital as are prescribed' 
and set forth in the said last will and testament of said 
Washburn. 

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

Approved March 8, 1871. 
Chan. 88. ^^ ^^^ ^^ incorporate the north bridgewater agricultural 

^ ' " SOCIETY. 

Be it enacted, Sfc, as fallows : 

Corporators. SECTION 1. Henry W. Robinson, Loring W. Puffer, 

Charles R. Ford, their associates and successors, are hereby 
Name and pur- made a Corporation under the name of the North Bridge- 
^°^^' water Agricultural Society, and established in the town of 

North Bridgewater, for the encouragement of agriculture, 
horticulture, and the mechanic arts, by premiums and other 
Powers and mcaus, in tlic couuty of Plymouth ; with all the powers and 
duties. privileges, and subject to all the duties, restrictions and lia- 

bilities set fortii in all general laws which now are or may 
Real and per- hereafter be in force applicable to such corporations ; and 
sona esac. ^^.^ corporation is hereby authorized to hold by gift, grant, 
devise or otherwise, real and personal estate to an amount 
not exceeding fifty thousand dollars, for the purposes afore- 
said. 

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

Approved March 8, 1871. 



1871.— Chapters 89, 90. 489 

An Act to incorporate the duxbury wharf company and for Qfin/n QQ 

OTHER PURPOSES. -'' ' 

Be it enacted, §'c., as follows: 

Section 1. Stephen N. Gifford, Joshua E. Drew, Stephen corporators. 
M. Allen, Luther Pierce and John H. Nickerson, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Duxbury Wharf Company, for the purpose of '^^^^ ^^^ P"'"- 
buildino; a wharf and improving flats, at the south side of 
Captain's Hill, so called, in the town of Duxbury ; with all ^^^YeT ^"*^ 
the powers and privileges, and subject to all the duties, re- 
strictions and liabilities set forth in all general laws that now 
are or may hereafter be in force applicable to such corpora- 
tions. 

Section 2. The capital stock of said corporation shall be capital stock 
ten thousand dollars, to be divided into shares of one hun- 
dred dollars each. 

Section 3. License is hereby given to said corporation to May construct 
construct a wharf at the south side of Captain's Hill, so bury"!*^ ^^ ^"^' 
called, in Duxbury, not to exceed one thousand feet in length 
along the shore, and not to extend toward or into the chan- Not to be ex- 
nel beyond such point as the board of harbor commissioners ih"e estabiXhed 
may designate, subject to the provisions of section four of ufissiouers.'^"'^ 
chapter one hundred and forty-nine of the acts of the year 
eighteen hundred and sixty-six, and chapter four hundred 
and thirty-two of the acts of the year eighteen hundred and 
sixty-nine. 

Section 4. Said corporation is hereby authorized to take May take lands 
such lands and flats as it may deem necessary for the pur- wimrves^&c. 
pose of said harbor improvements and wharves or store houses, 
at the point aforesaid, together with what upland for rail- 
road depots or tracks may be necessai^y, or fur other buildings 
together with the right to take gravel or earth for filling in 
said flats, or making said improvements : provided, that not Proviso, 
more upland than one thousand feet square of said shore 
shall be taken at said point for said purpose ; and provided, 
that the laws of the Commonwealth relating to taking lands 
for railroad purposes and the location and construction of 
railroads, shall be applicable to and govern the proceedings 
in the taking of the lands described in this and the preced- 
ing sections. 

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

Approved March 8, 1871. 



An Act to authorize the Vermont and Massachusetts rail 

ROAD company TO LEASE APART OF ITS RAILROAD. 



Chap. 90. 

Be it enacted, §'c., as follows : 

Section 1. The Vermont and Massachusetts Railroad Vermont and 
Company may lease to the Rutland Railroad Company that bay'ieSfpor-** 



490 



1871.— Chapters 91, 92. 



tion of road to part of its railroad situated between Grout's corner in the 
road compiuiy. town of Montague and Brattleborough, in the state of Ver- 
mont, for the term of fifteen years from the first day of De- 
•ceniber, in the year eighteen hundred and seventy: provided^ 
that the lessees of said road shall afford facilities and accom- 
modations to the people on the line thereof, at the sgveral 
stations, at least equal to those heretofore furnished by the 
Vermont and Massachusetts Railroad Company. 

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

Approved March 8, 1871.' 



Chap. 91. 



Witnesses be- 
fore joiut spe- 
cial committee 
on tlie State 
police to be 
protected. 



Proviso. 



Chap. 92. 



Corporators. 



Name. 



An Act for the better discovery of testimony and the pro- 
tection OF witnesses before the joint special committee on 
the state police. 

Be it enacted, §'c., as follows : 

Section 1. No person who is called as a witi\pss before 
the joint special committee on the state police, shall be ex- 
cused from answering any question or from the produc- 
tion of any paper relating to any corrupt practice or im- 
proper conduct of the state police, forming the subject of 
inquiry by such committee, on the ground that the answer 
to such question or the production of such paper may crim- 
inate or tend to criminate himself, or to disgrace him or 
otherwise render him infamous, or on the ground of privi- 
lege ; but the testimony of any witness examined before said 
committee upon the subject aforesaid or any statement made 
or paper produced by him upon such an examination, shall 
not be used as evidence against such witness in any civil or 
criminal proceeding in any court of justice ; provided^ how- 
ever^ that no official paper or record, produced by such wit- 
ness on such examination, shall be held or taken to be in- 
cluded within the privilege of said evidence so to protect 
such witness in any civil or criminal proceeding as aforesaid, 
and that nothing in this act shall be construed to exempt 
any witness from prosecution and punishment for perjury 
committed by him in testifying as aforesaid. 

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

Approved March 8, 1871. 

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

Section 1. Sergeant C. Whitcher, George W. Robinson, 
Warren E. Russell, Charles Brown, Matthew H. Merriam, 
George L. Stratton, Richard D. Blinn, Charles C. Goodwin, 
Isaac N. Damon, Bradley C. Whitcher, Charles Hudson, 
Edward Reed, Thomas B. Hosmer, their associates and suc- 
cessors, are hereby made a corporation by the name of the 



1871.— Chapters 93, 94, 95. 491 

Lexington Savings Bank, to be established in the town of 
Lexington ; 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 institutions for savings. 

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

Approved March 11, 1871. 

An Act to incorporate the hyde park savings bank. Chap. 93. 

Be it enacted, ^'c, as follows : 

Section 1. Henry Grew, Martin L. Whitcher, James corporators. 
Downing, their associates and successors, are hereby made a 
corporation by the name of The Hyde Park Savings Bank, Name. 
to be established in Hyde Park ; with all the powers and ^uUeT ^^^ 
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, applicable to institutions for savings. 

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

Approved March 11, 1871. 

An Act to incorporate the millbuky building company. Chap. 94. 
Be it enacted, §c., as follows : 

Section 1. John Rhodes, Peter Simpson, junior, Simon corporators. 
Farnsworth, George N. Smith and Bion B. Howard, their 
associates and successors, are hereby made a corporation 
under the name of the Millbury Building Company, for the Name and pur- 
purpose of erecting a building or buildings in Millbury, and p°^^' 
maintaining the same, for the purposes of offices, a hall, 
stores, or any other lawful purpose ; with all the powers and f °tYeT *°* 
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, applicable to said corporation. 

Section 2. Said corporation shall have a capital stock of and'sha/er^ 
twenty-five thousand dollars, divided into shares of one hun- 
dred dollars each, with liberty to pay in and increase the 
same to an amount not exceeding one hundred thousand 
dollars : provided, said corporation shall incur no liability 
until fifteen thousand dollars of its capital stopk shall have 
been paid in in cash. 

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

Approved March 11, 1871. 

An Act to incorporate the westfield water works. Chap. 95. 

Be it enacted, Sfc, as follows : 

Section 1. Samuel Fowler, Henry Holland, Edward B. corporators. 
Gillett, their associates and successors, are hereby made a 
corporation by the name of the Westfield Water Works, for Name and pnr- 
9 P°^®* 



492 1871.— Chapter 95. 

the purpose of supplying the inhabitants of the town of 
^ow«-sand Westfield with pure water; with all the powers and privi- 
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, applicable to such corporations. 
«fuai esfafe^'" SECTION 2. Said Corporation may, for the purposes afore- 
said, hold real and personal estate not exceeding in value 
aud^sharer^ its Capital stock, wliich shall be fifty thousand dollars, with 
authority to increase by vote of said corporation, to seventy- 
five thousand dollars, which shall be divided into shares of 
one hundred dollars each, 
cofive^^wa^ter SECTION 3. Said corporatiou may take, hold and convey, 
from ponds and tlirough tlic towu and village of Westfield, the water of any 

brooks north of , ■, j jii i i-^i- -jj. 

Westfield river, natural pond or ponds, brook or brooks, withm said town 
in Westfield. i;iorth of the Westfield river, and may take and hold real 
estate and rights of way necessary for laying and maintain- 
ing aqueducts, water-pipes and reservoirs, to such extent as 
may be necessary and appropriate for the purposes of said 
To file descrip- Corporation. They shall within sixty days from the time of 
re^'ist^ry^of *^ ^^ taking any lands, rights of way, ponds or brooks, as before 
deeds. provided, file in the office of the registry of deeds in the 

county of Hampden, a description of the lands, rights of 
way, ponds or brooks so taken, as certain as is required in a 
conveyance of land, and a statement of the purpose for 
which the same is taken, signed by the president of said 
company. 
^ued^c^t^^nd Section 4. Said corporation may make aqueducts from 
establish reser- any sourccs bcforc mentioned, through any part of the town 
drants. and village of Westfield, and may maintain the same by 

suitable works and repairs ; may establish reservoirs and hy- 
drants, and may distribute the water throughout said village 
by laying down pipes, and may from time to time establish 
prices or rents for the supply or use of such water, and for 
the purposes aforesaid, with permission of the selectmen, 
may enter upon and use any roads, streets or bridges, so as 
not unnecessarily to hinder public travel thereon. 
Damages deter- SECTION 5, In casc of disagreement between said corpo- 

niiued as i" . -, ° . ^ 

case of land ratiou and the owners of any of the property or niterests 
Trays! '^'^ "^^' taken as herein authorized, all damages therefor shall be 
ascertained, determined and recovered in the manner pro- 
vided by law in the case of land taken for highways. 
yabfe"fn^thk- SECTION 6. For the purpose of aiding the said corpora- 
ty years. tiou in paying the costs and expenses of supplying the town 

and village of Westfield with pure water, the said town of 
Westfield is hereby authorized, by vote in legal town meet- 
ing, in which the subject-matter is stated in the warrant 



1871.-~Chapter 95. 493 

within three years from the passage of tliis act, to issue their 
bonds for the benefit of said corporation, to the extent of 
thirty thousand dollars, witli interest, payable semi-annually 
at any place in this Commonwealth, and the principal to be 
paid not more than thirty years from the passage of said 
vote. Said bonds shall be signed by the treasurer of said ^°,"ed by t'own 
town and countersigned by the chairman of the selectmen, treasurer and 
and a record thereof shall be made and kept by the treasiir- by ciiairman of 
er. They may be issued for the benefit of said corporation ^^'^'^*^'™*^"- 
upon such terms and conditions as may be agreed upon be- 
tween the parties, except that in consideration thereof the 
said corporation shall be bound to furnish water through 
such hydrants or other proper sources of supply as may be 
set up by said town for fire purposes and for public uses in 
said town so long as said bonds shall be unredeemed by said 
corporation. Said town is also authorized to hold stock in 
said corporation to the extent of thirty thousand dollars, 
which stock so held shall not be subject to taxation, and to 
carry out and provide for by assessments and taxation any 
of the purposes and acts herein authorized. 

Section 7. In case the said bonds shall be so issued for Town may take 
the benefit of said corporation, the said town is hereby au- praperty^upon 
thorized and empowered to purchase by any proper convey- vakr^to's^todf-'^ 
ance, or in default thereof, to enter upon and possess all the iio^ders. 
rights, interests, property and franchise of said corporation 
at any time, upon payment to the stockholders of the par 
value of their stock, and of a sum which in addition to the 
dividends paid thereon shall be sufficient to make the divi- 
dends eight per centum per annum from the time when the 
water supply of iraid corporation commences, up to the time 
of said purchase. 

Section 8. Manufacturing and other corporations doing other corpora- 
business in said town of Westfield, are authorized to sub- Aew may take 
scribe for and hold the stock of the corporation hereby es- ^*°'^^' 
tablished. 

Section 9. If any person shall use any of the water of u^",^' wa^er 
said corporation without their consent, an action of tort may without consent 

1 ••111 !• IT • 1 « 1 • £' of corporation, 

be maintamed by tliem ror the damage sustamed. And it or maliciously 
any person shall maliciously divert the water, or any part 'iivertiug water. 
thereof of any of the sources of water which sliall be owned 
or held by said corporation pursuant to the provisions of 
this act, or shall corrupt the same or render the water im- 
pure or destroy or injure any dam, aqueduct, pipe, conduit, 
hydrant or other works or property owned, held or used by 
said corporation, under the authority or for the purposes of 
this act, every such person shall pay to said corporation three 



494 1871.— Chapters 96, 97, 98. 

times the amount that shall be assessed therefor, to be re- 
covered by any proper action. And any such person, on 
conviction of either of the wanton or malicious acts afore- 
said, may also be punished by fine not exceeding one hun- 
dred dollars and imprisonment not exceeding six months. 
Section 10. This act shall take effect upon its passage. 

Approved March 11, 1871. 

Chat), 96. •^^ ^^^ ^^ RELATION TO WIDENING BEACON STREET AND ADJACENT 
•* * ' AVENUES IN THE CITY OF BOSTON. 

Be it enacted, Sfc, as follows. • 

Street commis. SECTION 1. The board of strcct commissioners of the 
wrdenceTtam city of Boston, witli the concurrence of the city council of 
streets in Bos- ^^-^ ^|^^^ ^^^^ wldcu, withiu the limits of said city, the fol- 
lowing named streets and highways, viz. : Beacon street 
westerly from Gloucester street, Brighton avenue north-west- 
erly from its intersection with Beacon street, and Brookline 
avenue south-westerly from its intersection with Beacon 
street, to such width as they in their judgment shall deem 
to be for the common benefit of the inhabitants of said city, 
and said city shall pay for the land and property so taken ; 
which highways and streets said city of Boston shall not be 
obliged to complete sooner than the city council of said city 
may deem it expedient so to do. 

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

Approved March 11, 1871. 

Chat). 97. "^^ ■^^^ ^^ CONFER CERTAIN RIGHTS UPON GUARDIANS OF INSANE 
•* * ' PERSONS AND MINORS. 

Be it enacted, Sfc, as follows : 
When property When property rights or benefits given by will duly proved 
wui*/&".r de- and allowed or by any provision of law, depend upon the elec- 
t'fJJi'^or^waiveT tiou, waivcr or other act of a person incompetent by reason 
person o" minor ^^ insanity or minority to exercise or perform the same, the 
guardian may guardian of such porson may make the election or waiver or 

perform such act. Approved March U, 187 1. 



act 



Chap. 98. 



An Act to incorporate the association op the evangelical 

lutheran church for works of mercy. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Gottlieb F. Burkhardt, Paulina Burkhardt, 

Theodore Brohm, Charles J. 0. Hanser, Augusta Hanser, 
Frederic Schlotterbeck, Jens Jensen Lund and Jacob Her- 
thel, their associates and successors, are hereby made a cor- 

Name and pur- poratiou by the name of The Association of the Evangelical 

P°^^- Lutheran Church for works of mercy, for the purpose of pro- 

viding a temporary home for orphan children, and aged, 

rowers and wcak and helpless persons ; with all the powers and privi- 

duties. 



1871.— Chapters 99, 100. 495 

leges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws that now are or may hereafter 
be in force applicable to such corporations. 

Section 2. Said corporation may hold for the purpose Rpa' and per- 
aforesaid, real and personal estate to the amount of one hun- 
dred thousand dollars. 

Section 3. Said corporation is authorized to establish a cemetery at 
cemetery in that part of West Roxbury known as and called *^°° *'^'^' 
the Brook Farm, subject to the approval of the town of West 
Roxbury. 

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

Approved March 18, 1871. 

An Act to incorporate the marblehead savings bank. Chap. 99. 

Be it enacted, Sfc, as follows : 

Section 1. Jonathan H. Orne, Isaac C. Wyman, Nathan corporators. 
P. Sanborn and Thomas Garney, their associates and suc- 
cessors, are hereby made a corporation by the name of the Name. 
Marblehead Savings Bank, to be located in the town of Mar- 
blehead ; with all the powers and privileges, and subject to powers and 
all the duties, restrictions and liabilities set forth in all gen- ^"t^^*- 
oral laws which now are or may hereafter be in force appli- 
cable to institutions for savings. 

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

Approved March 18, 1871. 
An Act to incorporate the young men's christian association Qhnv) 1 Qrt 

OF FITCHBURG. ■» ' 

Be it enacted, §'c., as follows: 

Section 1. J. C. Moulton, George S. Houghton, Henry corporators. 
F. Cogshall, their associates and successors, are hereby made 
a corporation by the name of the Young Men's Christian Name and pur- 
Association of Fitchburg, to be located in the town of Fitch- ^"^^' 
burg, for the purpose of promoting the physical, moral and 
spiritual welfare of young men ; with all the powers and Powers 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 applicable 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 18, 1871. 



496 



1871.— Chapters 101, 102, 103. 



$200,000 ackli- 
lional capital 
stock. 



Chap. 101 -^N Act to authorize the salem gas light company to increase 

1T8 capital stock. 

Bi it enacted, ^'c, as folloios: 

Section 1. The Salem Gas Liglit Company is hereby 
authorized to increase its capital stock by an amount not ex- 
ceeding two 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, and subject to the 
provisions contained in section one of chapter one hundred 
and seventy-nine of the acts of the year eighteen hundred 
and seventy. 

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

Approved March 18, 1871. 

\()2 ^^ -^^^ '^^ incorporate the boston and provincetown steam- 
boat company. 
Be it enacted, ^c, as follows : 

Section 1. Samuel S. Learnard, George D. Shattuck, 
Benjamin B. Hamblin, their associates and successors, are 
hereby made a corporation by the name of the Boston and 
Provincetown Steamboat Company, located in Boston, for 
the purpose of trans-porting passengers and merchandise 
between Boston and Provincetown, and of towing vessels ; 
with all the powers and privileges, and subject to all the 
duties, restrictions and liabilities set forth in all general 
laws which now are or "may hereafter be in force, applicable 
to such corporations. 

Section 2. Said corporation may build, purchase, hire 
and employ, one or more vessels or steam-tugs, with such 
apparatus and appendages as may be necessary for steam 
navigation and the purposes aforesaid. 

Section 3. Said corporation may have a capital stock not 
exceeding in amount sixty thousand dollars, divided into 
shares of one hundred dollars each, and may hold real estate 
to an amount not exceeding twenty thousand dollars of its 
capital stock : provided, hmvever, that said corporation shall 
incur no liability until fifty per centum of its capital stock 
shall have been paid in in cash. 

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

Approved March 18, 1871. 

Chap. 103 An Act to incorporate the wollaston hotel company. 

Be it enacted, Sj-c, as follows : 

Corporators. SECTION 1. Moscs Fairbanks, Horace Partridge, George 

P. Pinkhara, George C. Luddington, Farrington Mclntire, 
their associates and successors, are hereby made a corpora- 



Chap. 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



May build or 
puicliase steam 
tug, &c. 



Tapital stock 
and shares. 



Proviso. 



1S71.— Chapter 104. 497 

tion by the name of the Wollaston Hotel Company, for the Name and pur- 
purpose of erecting and maintaining, at Wollaston Heights, ^°°^" 
in the town of Quincy, buildings necessary and convenient 
for a public house ; 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, applicable to such corporations. 

Section 2. The capital stock of said corporation shall aud'sharesf^ 
not exceed one hundred thousand dollars, and shall be 
divided into shares of the par value of one hundred dollars 
each ; and said corporation may hold such real and personal fon^ai^rsta^ef' 
property as may be necessary and convenient for the pur- 
poses aforesaid, not exceeding the amount of the capital 
stock : provided, said corporation shall incur no liability Proviso, 
until twenty-five thousand dollars of its capital stock shall 
have been paid in in cash. 

Sections. No bar for the sale of intoxicating liquors Bar not to be 
shall ever be kept in such public house. housed 

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

Approved March 18, 1871. 



Chap. 104 



An Act to authorize the duxbury and cohasset railroad 

COMPANY to extend ITS RAILROAD, AND FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows : 

Section 1. The Duxbury and Cohasset Railroad Com- May extend 
pany is hereby authorized to extend its railroad in the town wat'er^in'^Dux- 
of Duxbury to tide-water, to a point at or near " Captain's ow^cok)ny° 
Hill," so called, in said town ; and is also authorized to ex- Railroad m 
tend its railroad through the towns of Duxbury and Kings- "'^^ ^^' 
ton to a point on the Old Colony and Newport Railway in 
said Kingston, under the provisions of all general laws rela- 
tive to railroad corporations. 

Section 2. At all meetings of said Duxbury and Cohas- Each share of 
set Railroad Company, any corporation owning stock therein to°one*^vote^ 
shall be entitled to one vote for each share of stock so owned 
by it. 

Section 3. For the purposes aforesaid, the Duxbury and May increase 

/>, I ,-r»M -I r-i • • •! 1 capital stock. 

Lonasset Railroad Company may nicrease its capital stock 
by the issue of one thousand shares in addition to the stock 
now authorized by law. 

Section 4. This act shall take effect upon its passage ; j^oaff"&j,°"to^be 
and the provisions relative to the extension of its railroad, made within 
and the issue of new stock, shall be void so far as the powers ^^'"'^^ ^^'^'^^' 
herein granted are not exercised within three years from the 
passage hereof. Approved March 18, 1871. 



498 



1871.— Chapters 105, 106, 107. 



Chap 



105 ^'^ -^CT TO AUTHORIZE THE TOWN OP DUDLEY TO RAISE FIFTEEN 
THOUSAND DOLLARS FOR NICHOLS ACADEMY. 



May raise $15,- 
000 by loan.etc. 
for the benefit 
of Nichols 
Academy. 



Be it enacted, i^c, as follows: 

Section 1. The town of Dudley is hereby authorized to 
raise, by issuing its bonds, or by loan or tax, a sum not ex- 
ceeding fifteen thousand dollars, to be appropriated and paid 
out of the treasury of the town, to the trustees of Nichols 
Academy, for the purposes named in the act incorporating 
that institution : provided, that at a legal meeting, called for 
that purpose, a majority of the voters present, and voting 
thereon, and using the check list, shall vote to raise the said 
amount, or a part thereof, for the said object. 

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

Approved March 18, 1871. 



Chap 



1 Qg An Act to authorize the county commissioners of Berkshire 

COUNTY TO BORROW MONEY. 



May borrow 
twenty-eight 
thousand dol- 
lars for furnish- 
ing new court 
house in Pitts- 
field, grading 
grounds, build- 
ing barn, &c. 



Be it enacted, Sfc, as follows: 

Section 1. The county commissioners of Berkshire 
County, are hereby authorized to borrow on the credit of 
said county, a sum not exceeding twenty-eight thousand 
dollars, to be expended by them in furnishing the several 
rooms, apartments and offices of the new court house in 
Pittsfield, with necessary and suitable furniture, filling and 
grading the grounds around the court house, jail and house 
of correction, and fencing the same ; building a barn and 
out-buildings for the jail and house of correction ; construct- 
ing prison yard, and doing such other things as are neces- 
sary to be done in and around said buildings. 

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

Approved March 18, 1871. 



Chap. 



Time extended 
for laying out 
highway and 
bridge in Plym- 
outh county. 



1 Aiy An Act to revive chapter one hundred and ninety-four of 

THE ACTS OF EIGHTEEN HUNDRED AND SIXTY-EIGHT, AUTHORIZING 
THE BUILDING OF A HIGHWAY AND BRIDGE ACROSS NORTH RIVER, 
IN SOUTH SCITUATE AND MARSHFIELD. 

Be it enacted, Sfc, as follows : 

Section 1. Chapter one hundred and ninety-four of the 
acts of the year eighteen hundred and sixty-eight is hereby 
revived and continued in force, and the time within which 
the county commissioners for the county of Plymouth may 
lay out the highway and bridge therein authorized is hereby 
extended to the first day of May, in the year eighteen hun- 
dred and seventy-three. 

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

Approved March 18, 1871. 



1871.— Chapters 108, 109, 110. 499 

Chap. 108 



Chap.l\{) 



An Act to amend an act for the abatement of a nuisance in 
the city of boston, and for the preservation of the public 
health in said city. 

Be it enacted, ^"c, as folloim : 

Section 1. Section two of chapter two hundred and ^^^"^^^T^ *® 
seventy-seven of the acts of the year eighteen hundred and 
sixty-eight, is hereby amended, so that the time within which 
a bill in equity may be filed under the provisions of said sec- 
tion, is extended to the thirteenth day of July, in the year 
eighteen hundred and seventy-two. 

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

Approved March 18, 1871. 
An Act relating to the capital stock of co-operative asso- QJidf^ 109 

CIATIONS. "' 

Be it enacted, Sfc, as follows : 

Section 1. Chapter one hundred* and seventy-nine of the provision of 
acts of the year eighteen hundred and seventy, shall not be app^Yo'co^ope*- 
deemed to apply to co-operative associations. [?J^^^ associa- 

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

Approved March 22, 1871. 
An Act in addition to an act concerning manufacturing and 

OTHER corporations. 

Be it enacted, Sj'c, as follows: 

Section 1. Sections two and twenty-four of chapter two Amendment to 
hundred and twenty-four of the acts of the year eighteen ^^70, 224, §§ 2, 
hundred and seventy, entitled an act concerning manufac- 
turing and other corporations, are hereby so far amended 
that corporations may be hereafter organized for the purpose 
of carrying on any mechanical or manufacturing business 
authorized by said act, with a capital of not less than five fjfa'^^ls 000 no? 
thousand and not more than one million dollars. more than $1,. 

Section 2. Corporations heretofore organized under any corporations 
general law or created by special charter for purposes men- ^jfdVedu'ce'capi. 
tioned in section one of this act, may increase their capital tai- 
to an amount not exceeding one million dollars, and may re- 
duce the same, subject to the provisions of chapter two hun- 
dred and twenty-four of the acts of the year eighteen hun- 
dred and seventy. 

Section 3. Corporations created by special charter, whose corporations 
capital stock is increased under the authority of this act, char^terTwifose 
may hold real estate necessary for the purposes for which Irfaifdm&y 
they were organized, not to exceed in amount three-fourths hoid real estate, 
of their capital stock. 

Section 4. Corporations which by law are, or shall be, corporations 
required to make and file the certificate mentioned in section not"obiiged to 
10 



500 



1871.— Chapter 111. 



Corporations 
subject to pro 



publish notice, thirty-three of chapter two hundred and twenty-four of the 
acts of the year eighteen hundred and seventy, shall not be 
required to make or publish the notice mentioned in section 
sixty-three of said act. 

Section 5. Corporations subject to the provisions of the 
Ma^ch%*'^i809 °*^ ^^^ approved March third, in the year eighteen hundred and 
shall make and uiuc, entitled au act defining the powers and duties of manu- 
underpeuaity. facturiiig corporatious, shall make and file the certificate 
required by the thirty-third section of chapter two hundred 
and twenty-four of the acts of the year eighteen hundred 
and seventy, subject to the penalty in said act provided for 
failure to make and file such certificate. 

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

Approved March 22, 1871. 



Chap. Ill 



Court may or- 
der comniis- 
sioners to sell 
such lands as 
cannot be ad- 
vantageously 
divided, and to 
distribute pro- 
ceeds. 



Sale to be by 
public auction. 



Share remain- 
ing unpaid at 
time of confirm- 
ing proceedings 
to be deposited 
in savings bank. 



An Act in relation to partition of lands. 
Be it enacted, Sfc, asfolloios: 

Section 1. In making partition of lands held by joint- 
tenants, coparceners or tenants-in-common, at the time of ap- 
pointing commissioners or subsequently, by agreement of 
parties or after such notice to all persons interested as shall 
have been ordered, the court may order the commissioners 
to make sale and conveyance of the whole or any part of 
such lands as cannot be advantageously divided, upon such 
terms and conditions, and with such securities for the pro- 
ceeds thereof as the court may direct in such order, and to 
distribute and pay over the proceeds of the sale in such maiir 
ner as to make the partition just and equal. Such sale shall 
be at public auction, after like notice required for the sale of 
lands by administrators, and the evidence thereof may be 
perpetuated in like manner, by returns filed with the clerk, 
register or recording officer of the court where the pro- 
ceedings are had. The conveyance shall be made by the 
commissioners and shall be conclusive against all parties to 
the proceedings of partition and those claiming by, through 
or under them. 

Section 2. When any distributive share of the money 
arising from such sale remains unpaid at the time of con- 
firming the proceedings or establishing the partition by the 
courts, the commissioners shall deposit the same in such 
saving bank or banks, or other like institutions as the court 
may direct, in the name of the judge of the probate court for 
the county, to accumulate for the person entitled thereto, sub- 
ject to like provisions contained in sections eight and nine of 
chapter one hundred and one of the General Statutes. 



1871.— Chapters 112, 113, 114. 501 

Section 3. Chapter two hundred and fifty-seven of the Kepeai. 
acts of the year eighteen hundred and seventy is hereby re- 
pealed ; but such repeal shall not affect proceedings now 
pending in any court. 

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

Approved March 22, 1871. 
An Act to require a return of the amounts paid for assess- Ql/if) 112 

ING AND COLLECTING TAXES IN THE YEAR EIGHTEEN HUNDRED AND -f^' 

SEVENTY. 

Be it enacted, Sfc, as follows: 

Section 1. The secretary of the Commonwealth shall, as cierks of cities 
soon as may be after the passage of this act, send a copy iu'ro°to"secre-" 
thereof to the clerk of each city and town, and said clerks <"•:>; amounts 

,,,.,.,. -, p •'.. , . Pi"d for assess- 

shall witlun thirty days after receiving such copies, return to ing taxes, and 
the secretary a true and certified statement of the amount tue'siime.'fm- 
paid for assessing the taxes in their respective cities and ^'"^y'''''" ^^'"• 
towns for the year eighteen hundred and seventy, and for 
collecting the same, each separately, together with the per 
centum of each upon the whole amount so assessed and col- 
lected. 

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

Approved March 22, 1871. 



Chap. 113 



An Act for the better protection of black bass. 
Be it enacted, §'c., as fvlloios : 

Section 1. That in section thirty of chapter three hun- Amendment to 
dred and eighty-four, of the acts of the year eighteen hun- iseo, 384, § so. 
dred and sixty-nine, the word July be substituted for the 
word June. 

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

Approved March 22, 1871. 

An Act in relation to the dissolution of attachments. Chan 114 
Be it enacted, §'c., as follows : 

Section 1. Whenever in an action against several defend- when property 
ants, the individual property of any one of such defendants autTs^ attached 
is attached, the defendant whose property is thus attached agn1nst°"everai 
may give bond with sufficient sureties, with condition to pay defendants, at- 

'' ° . ' 1 ■ , tachment may 

to the plaintiff in such action the amount, if any, which be dissolved 
such plaintiff shall recover therein against him alone or bond fo respond 
jointly; and such attachment shall thereupon be dissolved, to judgment. 

Section 2. Such attachments shall in all other respects Attachments 
be dissolved in the manner prescribed for dissolving attach- other respects 
meiits, by chapter one hundred and twenty-three of the g^^^Yaa^.''*^ ^'^ 
General Statutes, and the acts passed subsequently relating 
thereto. 

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

Approved March 22, 1871. 



Chap. 116 



502 1871.— Chapters 115, 116, 117, 118, 119. 

Chap. 115 An Act to increase the jurisdiction of trial justices over 
^' certain offences. 

Be it enacted, §"c., ax follows : 
oTi^m^T^^ Section 1. The thirty-eighth section of chapter one hun- 
dred and twenty of the General Statutes, is hereby amended 
by striking out the word ten and inserting the word thirty. 

Section 2. This act shall not affect any pending prosecu- 
tion. Approved March 22, 1871. 

An Act to amend chapter one hundred and nine of the gen- 
eral statutes, relating to the guardianship of minors. 
Be it enacted, §'c., as follows : 

G^s.^w^Ti*** Section 1. Section four of chapter one hundred and 
nine of the General Statutes is hereby amended, by striking 
out the words " while she remains unmarried." 

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

Approved March 22, 1871. 

Chai). 117 -^^ ^^"^ "^^ AUTHORIZE THE CLARKE INSTITUTION FOR DEAF MUTE8 
-' ' TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. 

Be it enacted, ^'c, as follows: 

♦200^000^ addi- Section 1. The Clarke Institution for Deaf Mutes is 

estate. hereby authorized to hold real and personal 'estate, for the 

purposes named in its act of incorporation, to an amount 

not exceeding two hundred 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 22, 1871. 

An Act to revive the city bank of lynn for certain purposes. 
Be it enacted, ifc, as follows : 
Charter revived Section 1. The Corporation heretofore known as the 
o/tT&nlt^rFhx^K, President, Directors and Company of the City Bank of 
of're^estatr^ Ljniii is hereby revived and continued for the purpose of 
enabling the president and surviving directors of said bank 
at the time when the same became an association for carry- 
ing on the business of banking under the laws of the United 
States, to convey, assign and transfer or discharge any and 
all mortgages of real estate held by the said bank, and for 
no other purpose whatever. 

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

Approved March 22, 1871. 

Chat) 119 "^^ ^^^ "^^ increase the capital stock of THE LOWELL GAS 
"' COMPANY. 

Be it enacted, Sfc, as follows: 

$300,000 addi- Section 1. The Lowell Gas Company is hereby author- 
stock. "^^^ ized to increase its capital stock by an amount not exceeding 



Chap. US 



1871.— Chapters 120, 121, 122. 503 

three liundred thousand dollars, and to invest the same in 
real and personal estate, necessary and convenient for carry- 
ino; on the business of said company, and subject to the pro- 
visions of chapter one hundred and seventy-nine of the acts 
of eighteen hundred and seventy. 

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

Approved March 22, 1871. 
An Act to incorporate the wakefield real estate and bdild- QJid'n^ 120 

ING ASSOCIATION. "' 

Be it enacted, Sfc, as follows: 

Section 1. Cyrus Wakefield, Daniel Allen, Mason S. corporators. 
South worth, their associates and successors, are hereby 
made a corporation, during and for the term of twenty years 
from the passage of this act, by the name of the Wakefield ^ame and pur- 
Real Estate and Building Association, for the purpose of 
purchasing, selling, leasing and improving real estate in the 
towns of Wakefield and Stoneham, not exceeding two hun- 
dred acres ; with all the powers and privileges, and subject ^utTeT *°*' 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are, or hereafter may be in force 
applicable to such corporations. 

Section 2. Said corporation shall have a capital stock of anS'shJes?^ 
one hundred thousand dollars, divided into shares of one 
hundred dollars each, with liberty to increase the same to an 
amount not exceeding two hundred thousand dollars : pro- 
vided, however, that said corporation shall incur no liability 
until seventy-five thousand dollars of its capital stock shall • 
have been paid in in cash. 

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

Approved March 22, 1871. 

An Act TO CHANGE THE NAME OF THE HITCHCOCK FREE GRAMMAR QJidj) 121 
SCHOOL, AND FOR OTHER PURPOSES. -^' 

Be it enacted, ^c, as follows : 

Section 1. The Hitchcock Free Grammar School, in the N«me changed, 
town of Brimfield, shall hereafter be called and known as the 
Hitchcock Free High School. 

Section 2. Said corporation may hold real and personal ^n^iiTsm"' 
property for the purposes named in its act of incorporation 
to an amount not exceeding one hundred thousand dollars. 

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

Approved March 23, 1871. 

An Act revising the several statutes requiring oaths to pro- QJid-n 122 

CEEDINGS IN PROBATE COURTS. ■* ' 

Be it enacted, Sfc, as follows : 

Section I. Oaths required in proceedings in probate oaths may be 
courts may be administered by the judge or register in or byTudgeo7re. 



504 1871.— Chapters 123, 124. 

gister in or out out of court OF by a lustice of the peace, and when adminis- 

of court, or by J , •'''.^ ir-ini 

a justice of the tered out 01 coui't a certificate thereof shall be returned and 
peace. g^^j ^^ recordcd with the proceedings : provided, that the 

judge may require any such oath to be taken before him in 
open court. 
Repeal. SectiOxX 2. Scctiou fourtceu, and so much of sections 

twenty-three and forty-one of chapter one hundred and two 
as relates to oaths, and sections twenty-seven and twenty- 
eight of chapter one hundred and seventeen of the General 
Statutes, chapter three hundred and fifty-eight of the acts 
of the year eighteen hundred and sixty-nine, and chapters 
one hundred and forty-five and two hundred and seventy- 
seven of the acts of the year eighteen hundred and seventy, 
are hereby repealed. 

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

Approved March 23, 1871. 

Chaj) 123 "^'^ ^^^ RELATING TO RECORDING LEVIES OF EXECUTIONS ON LANDS 
-* * NOT ATTACHED ON MESNE PROCESS. 

Be it enacted, §'e., as follows: 

^sTo'm^if The provisions of the first section of chapter two hundred 
extended. ' and sixty-four of the acts of the year eighteen hundred and 
seventy, shall apply to the levy of executions in cases under 
chapter one hundred and ninety of the acts of the year eigh- 
teen hundred and sixty two. Approved March 2i,lS7 1. 

Chci)). 124 "^^ ^^^ ^^ PROVIDE FOR THE USE OF A CHECK LIST IN THE ELEC- 
^ ' ^ TION OF THE OFFICERS OF FIRE DISTRICTS. 

Be it enacted, &i'c , as follows. • 

Check lists to Section 1. The selectmen of towns, containing fire dis- 

D6 US6Q at GIgC" 

tions in fire tricts, shall at Icast ten days before the annual fii-e district 
election, make correct alphabetical lists of all the persons 
qualified to vote in such election, for the several officers to 
be elected, shall cause such lists to be posted up in two or 
more public places in said district, and shall perform the 
same duties in reference to the correction of said lists 
as tliey are now required by law to perform in reference to 
the correction of check lists for town elections. 
pe"r fo rml'd by SECTION 2. In fire disti'icts composed of portions of two 
prudential com- or more towns, the duties which the preceding section re- 
district is com- quires the selectmen to perform, shall be performed by the 
ent towns!''^"'^' pi'udcutial Committee of said district. 

S'to"ap^l^' ^^' Section 8. The provisions of sections nine, twelve and 
thirteen of chapter seven of the General Statutes, shall be so 
construed as to apply to fire districts. 



1871.— Chapter 125. . 505 

Section 4. The polls at fire district elections shall be kept J°P„' f^omVwo 
open not less than two hours and not more than six hours, to six hours. 
Section 5. This act shall take effect upon its passage. 

Approved March 24, 1871. 
An Act to secure a more equal apportionment of the state rffinv) 1 95 

AND COUNTY TAXES, UPON THE SEVERAL CITIES AND TOWNS. -t * 

Be it enacted, ^'c, as follows : 

Section 1. The tax commissioner shall be furnished by Returns of as- 
the secretary of the Commonwealth with the returns of the fumi'Jhed by 
assessors of the several cities and towns required by chapter c\3mmo'irw°e^aith 
one hundred and sixty-seven of the acts of the year eighteen to tiie tax com- 
hundred and sixty-one, for the five years preceding the 
year eighteen hundred and seventy -two. 

Section 2. The treasurer of the Commonwealth shall Jreparrib-" 
prepare for the use of said tax commissioner an abetract struct for use of 
from the returns made to him under an act entitled " an 
act levying a tax upon certain corporations," for the two 
years next preceding the year of his appointment, contain- 
ing the names of all corporations having stock owned in any 
city or town in the Commonwealth ; also, the excess of the 
market value of all the capital stock of each corporation 
taxed by said act over the value of its real estate and ma- 
chinery ; also, the whole number of shares of such corpora- 
tion, and the number of shares owned in this Commonw^ealth, 
specifying the number of shares owned in each city and 
town by parties other than insurance companies, savings 
banks and institutions for savings. 

Section 3. The tax commissioner shall be authorized to Taxcommis- 
require such further returns in addition to those provided qXefurtfiier' 
for by this act from state, city, and town officers as in his returns tvom 

- 1 1 ■ <^'tv and other 

judgment may be necessary ; and upon the returns hereni otjicers. 
provided and authorized, the commissioner shall proceed ac- 
cording to his best judgment and discretion to equalize and ^axes^&ci^°'^ 
apportion upon the several cities and towns the number of 
polls, the amount of property and the proportion of every 
one thousand dollars of tax, including polls at half a mill 
each, which should be assessed upon each city and town ; 
and said commissioner shall perform the duties required by 
this act, and report the same in tabular form in print to the 
legislature, within one week from the first Monday in Jan- 
uary next. 

Section 4. The sergeant-at-arms is hereby directed to pro- suitable room 
vide for the use of said commissioner a suitable room in the !;j staie'hous^e! 
state house, and the tax commissioner is hereby authorized 
to employ such clerical assistance as may be needed, for the 



506 1871.— Chapters 126, 127, 128. 

9 

purposes of this act, and may procure such stationery and 
other articles as may be required. 

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

Approved March 24, 1871. 



Chap. 126 



An Act to change the name of the town of north chelsea. 
Be it enacted, Sfc, as follows : 

foTeverr^"^ SECTION 1. The towu of North Chelsea shall take the 

name of Revere. 
Subject to ac- SECTION 2. Tliis act shall not take effect unless accepted 
Toters'oftown. by a majority of the legal voters of said town, present and 
voting thereon by ballot, at a special meeting held upon 
notice given at least seven days before the time of said meet- 
ing. And the polls shall be opened at twelve o'clock, noon, 
of the day upon which such meeting shall be held, and shall 
not be closed previous to four o'clock nor remain open 
longer than six o'clock in the afternoon of said day. 
Selectmen to SECTION 3. It shall be the duty of the selectmen of said 
secretary of towu to Certify and return to the secretary of the Common- 
weaiito!'^ wealth as soon as may be, the number of ballots in favor of 

the acceptance of tliis act, and the number of ballots against 
the acceptance thereof. And if it shall appear that a major- 
ity of such ballots is in favor of such acceptance, the said 
Certificate of Secretary shall immediately issue and pnblish his certificate, 
fssuT'*'^'^^ ^° declaring that this act has been duly accepted. 

Section 4. Said meeting shall be held within ninety days 
from the passage of this act. Approved March 24, 1871. 

Chat) 127 "^^ ^^^ ^^ REPEAL CHAPTER TWO HUNDRED AND EIGHT OF THE ACTS 
"' OP THE YEAR EIGHTEEN HUNDRED AND SEVENTY, CONCERNING 

TRAVEL ON HAVERHILL BRIDGE. 

Be it enacted, Sfc, as follows: 

^P«ai- Section 1. Chapter two hundred and eight of the acts 

of the year eighteen hundred and seventy is hereby repealed. 
Section 2. This act shall take effect on the first day of 
October next. Approved March 24, 1871. 



An Act to authorize the town of edgartown to raise money 

FOR the purpose OF OPENING A BOAT CHANNEL THROUGH SOUTH 
BEACH. 

Be it enacted, ^c, as folloios: 

May raise mon- SECTION 1. The towu of Edgartown IS hereby authorized 

ey by taxation . . , .o ii. nj 

to open boat to raisc at its annual meeting, or at a legal meeting called 
thro"u"g'h south for the purpose, such sum or sums of money, by taxation or 
beach. otherwise, as may be necessary for the purpose of opening a 

boat channel through the south beach in said town. 



Chap. 128 



1871.— Chapter 129. 507 

Section 2. Said town may choose at its annual meeting, commissioners 
or at a legal meeting called for the piirpoHe, two or more supiTiutend 
commissioners to superintend the digging of the said chan- ^°'"''' ^^' 
nel, and to expend the money raised therefor. 

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

Approved March 24, 1871. 



Chap. 129 



An Act to incorporate the trustees of the Berkshire ath- 
enaeum. 
Be it enacted, iVc, as follows : 

Section 1. Thomas Allen, John Todd, Ensign H. Kel- corporators, 
logg, Henry L. Dawes, Thomas Colt, Edwin Clapp, George 
Y. Learned, William R. Plunkett, Edward S. Francis, Wil- 
liam F. Bartlett, James M. Barker, their associates and suc- 
cessors, are hereby made a body corporate by the name of ^*™f ^'^'^p"'' 
the Trustees of the Berkshire Atlienagum, for the purpose of 
establishing and maintaining in the town of Pittsfield an 
institution to aid in promoting education, culture and re- 
finement, and diffusing knowledge by means of a library, 
reading-rooms, lectures, museums, and cabinets of art and 
historical and natural curiosities ; with all the powers and f "^YeT ^^^ 
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 applicable to such corporations. 

Section 2. Said corporation may hold real and personal f^n^ai'^pfoperty, 
property for the purposes aforesaid to the amount of two 
hundred and fifty thousand dollars ; and all gifts, devises 
and bequests thereto shall be devoted to such purposes ex- 
clusively, and used in conformity with the conditions made 
by any donor and expressed in writing : provided, such con- 
ditions are not inconsistent with the provisions of this act ; 
and provided, further , that no part of such real and personal 
property, or such gifts, devises or bequests, shall ever be 
removed from the town of Pittsfield. 

Section 3. The town of Pittsfield, so long as said corpo- pittsfleid may 
ration maintains a public library for the use of the inhab- f^o^ney fo'^r^sup- 
itants thereof, is hereby authorized to appropriate and pay port of library. 
money to aid in supporting such institution, the same as 
may be done by law for the support of public libraries, and 
said corporation may receive such appropriations as may be 
made. 

Section 4. The trustees of such corporation shall have Trustees may 

„, .1 •, . r-n 11 . . ^ • ^ J. fill vacancies in 

authority to till all vacancies, ni any manner occurring, but board. 
the number of said trustees shall never exceed eleven. 
Section 5. This act shall take effect upon its passage. 

Approved March 24, 1871. 
11 



508 



1871.— Chapters 130, 131. 



Chap. 130 



May mortgaije 
road, franchise, 
&c. 



May contract 
with connect- 
ing roads for 
transportation 
of freight and 
passengers. 



May lease road 
and franchise. 



An Act concerning the Lancaster railroad company. 

Be it enacted., Ifc, as follows : 

Section 1. The Lancaster Eailroad Company is hereby 
authorized to mortgage its road, franchise and equipage, and 
any of its property, real and personal, to an amount not 
exceeding three hundred thousand dollars, to secure such 
bonds as may be issued by said company under existing pro- 
visions of law. 

Section 2. Said company, and any railroad company 
whose road may connect with the road of said Lancaster 
Railroad Company, or whose road may enter upon or be 
entered upon by the road of said railroad company, are 
hereby authorized to contract from time to time, for all the 
transportation of persons and freight upon and over the said 
Lancaster Railroad, by said connecting road. 

Section 3. Said Lancaster Railroad Company is hereby 
authorized to lease its road and franchise, or any part thereof, 
to any railroad company named in section two, authorized to 
hire the same. The income arising from such contract of 
transportation or lease, shall be subject to the provisions of 
law in regard to the right of the state to purchase the roads 
or reduce their tolls in the same manner as that arising from 
the use of the roads. 

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

Approved March 24, 187L 



Chap. 131 



An Act to incorporate the boston base ball association. 

Be it enacted, Sec, as follows : 

Section 1. Ivers W. Adams, J. A. Conkey, Harrison 
Gardner, their associates and successors, are hereby made a 
Name and pur. Corporation by the name of the Boston Base Ball Associa- 
tion, to be located in the city of Boston, for the purpose of 
promoting physical culture, and for the encouragement and 
improvement of the game of base ball ; with all the powers 
and privileges, and subject to all the duties, restrictions and 
liabilities, contained in all general laws which now are or 
may hereafter be in force, applicable to such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed fifteen thousand dollars, and shall be divided into 
shares of one hundred dollars each ; and for the purposes 
aforesaid 'said corporation may hold and own, or take on 
leases, such land and buildings as may be requisite therefor : 
provided, however, that said corporation shall not incur any 
liability until ten thousand dollars of its capital stock shall 
have been subscribed for and paid in in cash. 

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

Approved March 24, 187L 



Corporators. 



pose. 



Powers and 
duties. 



Capital stock 
and shares. 



May hold or 
lease land. 



1871.— Chapters 132, 133. 509 

An Act to incorporate the everett and Chelsea street rail- QJiqy) 132 

WAY company. ' * 

Be it enacted, ^'c, as follows : 

Section 1. Alonzo H. Evans, William E. Titcomb and Corporators. 
Anthony Waterman, their associates and successors, are 
hereby made a corporation by the name of the Everett and p^^^^^^^^^' 
Chelsea Street Railway Company, with authority to build, 
maintain and operate a street railway, beginning at some 
convenient point in Chelsea square, and running through 
Maiden street, Second and Cedar streets in Chelsea, and 
through Charlestown street and Hancock street, as far as 
Oak street, in the town of Everett, and through any other 
street or streets in that part of the town of Everett which 
lies south-easterly of Charlestown street ; with all the now- Powers and 

cliitiss 

ers 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 applicable to such corporations. 

Section 2. Said corporation may connect with, enter May connect 
upon and use with its own motive power, the track now laid Boston^Rafi" 
and owned, or leased, by the Lynn and Boston Railroad Com- ™*'^" 
pany in said square, and between said square and the Winni- 
simmet Ferry, in making their trips between Everett and said 
ferry ; the compensation for such use to be determined ac- 
cording to the statutes in such case made and provided. 

Section 3. The capital stock of said corporation shall not capital stock, 
exceed sixty thousand dollars. 

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

Approved March 24, 1871. 
An Act for supplying the city of fall river with pure 

WATER. 

Be it enacted, Sfc, as follows : 

Section 1. The city of Fall River is hereby authorized to cHy of ran 
take, hold, and convey into and through the said city, by water "om * 
suitable aqueducts or pipes, the waters of the North Watup- North watuppa 
pa Pond, so called, in the said city, and the town of West- 
port, and the waters which may flow into the same ; and 
may also take and hold by purchase or otherwise, any real May take land 

'' •' *^. , 7 J lor laying aque- 

estate, rights oi way, water-rights or easements, necessary ducts, pipes, &c, 
for erecting, laying or maintaining, and may erect, lay and 
maintain, such aqueducts, pipes, dams, gates, pumps, bridges, 
reservoirs, embankments, water-ways, drains, and other struc- 
tures as may be necessary or convenient to insure the purity 
of the waters of said pond, or of any of the ponds or 
streams running into said North Watuppa Pond ; or to con- 
vey said waters into and for the use of said city of Fail 
River. 



Chap. 133 



510 



1871.— Chapter 133. 



May take part 
of the water 
from pond. 



Notice of par- 
tial taking of 
water to be 
tiled in registry 
of deeds. 



May take addi- 
tional water af- 
ter five years by 
tiling vote of 
city council in 
registry of 
deeds. 



Regulations 
concerning 
level of water 
in pond and 
that of Watup- 
pa Reservoir 
Company. 



City to provide 
means for mea- 
suring water 
taken from 
pond. 



Section 2. The city of Fall River, instead of taking the 
entire waters of said North Watuppa Pond, may, if it shall 
so elect, take a part of said waters, such election to be made 
by the city council, by a vote declaring the quantity or pro- 
portion of said waters they propose to take, to be passed not 
less than six months before the waters shall be withdrawn 
from said pond ; with all the afore granted rights and powers 
for preserving the purity of said waters and for conveying 
them to the city. And in case the said city elect to take 
only a portion of said water as aforesaid, said city shall be 
responsible in damages for such partial taking only. 

Notice of the election of the city to take the portion of 
the' waters of said pond herein permitted and prescribed 
shall be given by filing a copy of the vote of the city coun- 
cil making such election in the registry of deeds for the 
northern district of the county of Bristol six months before 
any water shall be withdrawn from said pond. 

Section 3. The city of Fall River, at any time not less 
than five years after exercising the election provided in the 
previous section, and at any subsequent time not less than 
five years from a previous election, may by a vote of the city 
council take for the use of said city from the waters of said 
pond an additional supply by filing a copy of the vote of the 
city council in the registry of deeds aforesaid six months 
before the additional amount shall be withdrawn from said 
pond, with the powers and privileges contained in the second 
section of this act, and said city shall be liable in damages 
for taking such additional amount from time to time, only 
for the additional amount they may thus elect to take. 

Section 4. In case the said city of Fall River shall elect to 
take only a portion of the waters of said pond as herein per- 
mitted and prescribed, said city, whenever the level of the 
water in the South Watuppa Pond is twelve inches or more 
below the point to which the Watuppa Reservoir Company 
are now by law allowed to raise the same, and the water in 
the said North Watuppa Pond is not more than six feet 
below the said point, shall not retain the waters of the North 
Watuppa Pond at an elevation of more than one inch above 
the waters of said South Watuppa Pond. 

Section 5. It shall be the duty of the city to provide 
some reliable means or method of measuring and registering 
the amount of water taken from said pond, such register or 
record to be accessible at all times to any interested parties ; 
and if the owner of any water-rights in the waters of said 
pond and the city shall fail to agree upon the mode of measure- 
ment, the method shall be fixed by one or more engineers, to 



1871.— Chapter 133. 511 

be appointed, upon the application of either party, by any 
justice of the supreme judicial court. 

Section 6. For the purposes of distribution, the city may sray lay down 
lay down pipes to any house or building in said city, tlie ersfesrabiilh^' 
owner or owners thereof having notice thereof and not ob- pubuc hydrants 
jecting thereto, and may make and establish 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 regulate the use 
of the water within and without the said city and establish 
the prices or rents to be paid for the use thereof. And the 
said city may, for the purposes aforesaid, carry and conduct 
any aqueducts or other works by them to be made and con- 
structed over or under any water-course or street, turnpike, 
road, railroad, highway or other way, in such manner as not 
to obstruct or impede travel thereon or the free flow of the 
water therein. 

Section 7. Three commissioners shall be appointed by Three commis- 
the city council, who shall, during their continuance in office, charge of ^'^^ 
execute and perform, superintend and direct the execution ^^°'''^^- 
and performance of all the works, matters and things men- 
tioned in the preceding sections which are not otherwise es- 
pecially provided for in this act. They shall be subject to such 
ordinances, rules and regulations in the execution of their 
said trust as the city council may from time to time ordain 
and establish not inconsistent with the provisions of this act 
and the laws of this Commonwealth. They shall respec- 
tively hold their said office for the term of three years next 
after their said appointment, unless the aqueducts and works 
aforesaid shall be sooner completed ; but they or either of 
them, after having had an opportunity to be heard in his oi' 
their defence, may be removed at any time by a concurrent 
vote of two-thirds of each branch of the city council. And 
in case of a vacancy in the board of commissioners by death, 
resignation, removal or other cause, such vacancy shall be 
filled by the appointment of another commissioner in the 
manner aforesaid, who shall hold his said office for the resi- 
due of the said term of three years ; with all the powers, 
and subject to all the restrictions aforesaid. 

A major part of said commissioners shall be a quorum for Majority of 
the exercise of the powers and the performance of the to es"tabuX" 
duties of the said office ; they shall once in every six months, <iuorum. 
and whenever required by the city council, make and pre- 
sent in writing a particular report and statement of all their 
acts and proceedings, and of the condition and progress of 
the works aforesaid. 



512 



1871.— Chapter 133. 



Salaries to be 
fixed by city 
council. 



"When office of 
commissioners 
ceases, powers 
to be executed 
as city council 
directs. 



Fall River lia- 
ble for dama- 



Petition for as- 
sessment of 
damages to be 
made to super- 
ior court within 
three years. 



Court to ap- 
point three dis- 
interested per- 
sons to assess 
damages. 



Section 8. Before the appointment of the commissioners 
aforesaid, the city council shall establish and fix the salaries 
or compensation to be paid to the commissioners for their 
services, and the said salaries of the said commissioners so 
established and fixed as aforesaid shall not be reduced dur- 
ing their continuance respectively in said office. 

Section 9. "Whenever the office of commissioners shall 
cease, all the rights, powers, and authority given to the city 
of Fall River, by this act, shall be exercised by the said city, 
subject to all the duties, restrictions and liabilities herein 
contained, in such manner and by such agents as the city 
council shall from time to time ordain, appoint and direct. 

Section 10. The city of Fall River shall be liable to pay 
all damages that shall be sustained by any person or persons 
in their property by the taking respectively of the entire 
waters of said North Watuppa Pond, or by the taking of 
any less proportion of said waters as authorized by the 
second and third sections of this act, or by the taking of any 
land, rights of way, water rights, or easements, or by the 
erection of any dams, or the construction of any aqueducts, 
reservoirs, water ways, or other works for the purposes of 
this act, and if the owner or owners of any property which 
shall be taken as aforesaid, or other person or persons sus- 
taining damages as aforesaid, shall not agree upon the 
damages to be paid therefor, he or they may apply by peti- 
tion, for the assessment of the damages at any time within 
three years from the taking of the said property, or the con- 
struction of the dams or other works occasioning damage 
as aforesaid, and not afterwards, to the superior court in the 
county in which the same are situate, unless sooner barred, 
as provided in the eleventh section of this act. Such peti- 
tion may be filed in the clerk's office of said court in vaca- 
tion or in term time, and the clerk shall thereupon issue a 
summons to the city of Fall River, returnable if issued in 
vacation at the next term of the said court, and if in term 
time returnable on such day as the said court shall order, to 
appear and answer to the said petition ; the said summons 
shall be served fourteen days, at least, before the term or 
day at which it is returnable, by leaving a copy thereof, and 
of the said petition certified by the officer who shall serve 
the same, with the mayor or clerk of said city, and the said 
court may upon default or hearing of said city, appoint three 
disinterested persons, who shall, after reasonable notice to 
the parties, assess the damages, if any, which such petitioner 
may have sustained as aforesaid, and the award of the said 
persons, or a major part of them being returned into and 



1871.— Chapter 133. 513 

accepted bj the said court shall be final, and judgment shall 
be rendered, and execution issued thereon for the prevailing 
party with costs, unless one of the said parties shall claim 
a trial by jury as hereinafter provided. 

Section 11. Whenever any damage shall have been sus- if parties receiv- 
tained by any person or persons, as set forth in the tenth nof commence 
section of this act, and such person or persons shall neglect determllTe^dam- 
to institute proceedings against the city of Fall River, accord- ages within 

twclv'G niontns 

ing to the provisions of this act for the space of twelve raUKivermay,' 
months, it shall be lawful for the city of Fall River to com- ^''' 
mence such proceedings, which shall go on and be deter- 
mined in the same manner as if commenced by the person 
or persons who shall have sustained such damage, and if 
such person or persons on receiving due notice shall not 
come in and prosecute the proceedings so instituted, judg- 
ment shall be entered against them without costs, and they 
shall be forever barred from recovering any damages under 
this act. 

Section 12. If either of the parties mentioned in the Parties dissat- 
teuth section shall be dissatisfied with the amount of dam- amouurof 
ages awarded as therein expressed, such party may at the ha^e'^frlai'by^ 
term at which such award was accepted, or the next term J"''>- 
thereafter, claim in writing a trial in said court, and have a 
jury to hear and determine at the bar of said court all ques- 
tions of fact relating to such damages, and to assess the 
amount thereof;- and the verdict of said jury being accepted 
and recorded by the said court shall be final and conclusive, 
and judgment shall be rendered and execution issued thereon, 
and costs shall be recovered by the said parties respectively 
in the same manner as is provided by law in regard to pro- 
ceedings relating to the laying out of highways. 

Section 13. No application shall be made to the court for Damage not to 
the assessment of damages for the taking of any water rights untif water is^ 
until the water be actually withdrawn or diverted by said ^'^^^^^^y t^'^'^'i- 
city under authority of this act. 

Section 14. In every case of a petition to the superior city may ten- 
court for the assessment of damages as provided in the tenth, damages"orpay 
eleventh, twelfth and thirteenth sections of this act, the city f^^l^ ' 
of Fall River may tender to the complainant or his attorney 
any sum that it shall think proper, or may bring the same 
into court, to be paid to the complainant for the damages by 
him sustained or claimed in his petition ; and if the com- 
plainant shall not accept the same with his costs up to that 
time, but shall proceed in the suit, he shall be entitled to 
his costs up to the time of the tender or such payment into 
court, and not afterwards unless he shall recover greater 



into 



5U 



1871.— Chapter 133. 



Water bonds of 
the city of Fall 
Kiver not ex- 
ceeding $500,- 
COO may be is- 
sued. 



City council 
may pass by- 
laws, &c., for 
preservation 
and protection 
of water works. 



To regulate 
price of water. 



damages than were so offered, and the said city shall be 
entitled to recover its costs afterwards unless the complainant 
shall recover greater damages than were so offered. 

Section 15. For the purpose of defraying all costs and 
expenses of such lands, estates, water and water rights or 
other property as shall be taken, purchased or held for the 
purposes mentioned in this act, and for constructing all 
aqueducts and works necessary and proper for the accom- 
plishment of the said purposes, and all expenses incident 
thereto heretofore incurred or that may be hereafter in- 
curred, the city council shall have authority to issue from 
time to time scrip, notes or certificates of debt to be denom- 
inated on the face thereof, " Water Bonds of the City of 
Fall River," to an amount not exceeding five hundred thou- 
sand dollars, bearing interest not exceeding six per cent, per 
annum, which shall be redeemable at a period of time, not 
more than fifty years from and after the issue of said scrip, 
notes or certificates respectively ; and the 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 bor- 
rowed for the purposes aforesaid, on such terms and condi- 
tions as the said city council shall judge proper ; and the 
said city council may for the purposes of meeting payments 
of such interest as may accrue upon any certificate of debt, 
make such further issue of scrip, notes or certificates of debt 
as may be necessary therefor. 

Section 16. The city council may from time to time pass 
such by-laws and ordinances as they may deem proper for 
the preservation and protection of all or any of the works 
connected with the supplying of the city of Fall River with 
pvire and wholesome water, under and by virtue of this act : 
provided, such by-laws and ordinances are not inconsistent 
with any laws of this Commonwealth, or with the constitu- 
tion thereof, subject at any time to be repealed or modified 
by the legislature, and may also organize a department with 
full powers for the management of such works or the dis- 
tribution of the said water. 

Section 17. The city council shall from time to time 
regulate the price or rent for the use of the water, with a 
view to the payment from the net income and receipts, not 
only the interest, but ultimately the principal of said debt so 
contracted, so far as the same may be practicable and reason- 
able, and the occupant of any tenement shall be liable for the 
payment of the price or rent for the use of the water in such 
tenement ; and the owner thereof shall be also liable if on 
being notified of such use he does not object thereto ; and if 



1871.— Chapter 134. 515 

any person* or persons shall use any of said water either Penalty for us- 
within or without the said city without the consent of the ou^ consInT of' 
city, an action of tort may be maintained against him or *^'^^' 
them for the recovery of damages therefor. 

Section 18. If any person 'or persons shall wilfully or Penalty for ma- 
maliciously divert the water or any part thereof of any of the ing°wa?er 'or "^ 
ponds, streams or water sources, which shall be taken by the game?^'"^ ^^^ 
city pursuant to the provisions of this act, or shall corrupt 
the same, or render it impure, or destroy or injure any dam, 
aqueduct, pipe, conduit, hydrant, machinery or other prop- 
erty, held, owned or used by the said city by the authority 
and for the purposes of this act, such person or persons shall 
forfeit and pay to the said city three times the amount of the 
damage that shall be assessed therefor, to be recovered by 
any proper action. And such person or persons may more- 
over on indictment and conviction of either of the wilful 
and malicious acts aforesaid, be punished by a fine not ex- 
ceeding one thousand dollars and imprisonment not exceed- 
ing one year. 

Section 19. The provisions of this act shall be void unless subject to 
submitted to and approved by the voters of the city of Fall voters oTcit/. 
River, at meetings held simultaneously for that purpose, in 
the several wards within one year from the passage of this 
act, upon notice duly given at least seven days before the 
time of holding said meetings. 

Section 20. This act shall take effect upon its passage. 

Approved March 24, 1871. 

Ax Act to incorporate the newtox free library. Chap. 134 

Be it enacted, §'c., as follows : 

Section 1. George H. Jones, John C. Chaffin, Isaac T. corporators. 
Burr, J. Wiley Edmands, George W. Bacon, John S. Farlow, 
Adin B. Underwood, Joel H. Hills, George S. Bullens, George 
C. Lord, Nathan P. Coburn, their associates and successors, 
are hereby made a corporation by the name of the Newton Name and pur- 
Free Library, for the purpose of establishing and maintain- p°*^" 
ing a social library, and for the diffusion of knowledge and 
the promotion of intellectual improvement, in the town of 
Newton ; with all the powers and privileges, and subject to powers and 
all the duties, restrictions and liabilities set forth in all gen- *^"**^^- 
eral laws which now are, or may hereafter be in force, ap- 
plicable to such corporations. 

Section 2. The said corporation may take and hold real Real and per- 

j , i •' ITT sonal estate. 

and personal estate to an amount not exceeding one hundred 
and fifty thousand dollars, exclusive of books in its library, 
and collections of natural history and works of art in its 
museum. 

12 



516 1871.— Chapters 135, 136. 

May receive and SECTION 3. Said Corporation may receive and hold any 
&c. "^ ' grants, donations or bequests, to be held and used under such 

conditions or rules, as may be prescribed in such grants, 

donations or bequests. 
Town may ap- SECTION 4. So loug as Said corporatiou shall allow the 
ey^fbr'tappor" inhabitants of the town of Newton free access to its library 
fong^as mhabit- ^^ reasonable hours, said town may appropriate money and 
accesstou^"^^^ P^^ ^^^® same annually, for the purpose of defraying any 

part of the expenses of the care of such library, and any 

library building which may be provided therefor. 

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

Approved March 24, 1871. 

Ghap. 135 -^^ -^CT TO AUTHORIZE THE WELLESLEY CONGREGATIONAL SOCIETY 

TO SELL REAL ESTATE. 

Be it enacted, Sfc, as follows : 
™fuonai^8o". Section 1. The Wellesley Congregational Society, for- 
ciety, formerly mcrly tlic Nccdham West Precinct, is hereby authorized to 
Precinct, autho- scU at public or private sale, at such time or times as it may 
eiute?'^""''^ choose, a tract of land situate in the village of Wellesley, in 
the town of Needham, containing by estimation one acre ; 
bounded and described as follows, to wit : beginning at a 
stake and stones at the corner thereof on Common street, 
and land of Mary B. Field, and running north-easterly by 
land of said Field, one hundred and thirty-five feet to Cen- 
tral street ; thence by Central street, easterly, two hundred 
and twenty- two feet to an old cemetery; thence southerly, 
one hundred and ninety-nine feet to Common street ; thence 
north-westerly by Common street, two hundred and seventy- 
two feet to the point begun at ; and the treasurer of said 
society for the time being shall have authority to execute 
and deliver deeds to convey said land in fee simple or other- 
wise. 
Proceeds of SECTION 2. The procccds of the sale of said land, and all 

held' under will funds uow held by Said society, under the will of Betsey 
Brownto be Brown, dcccascd, shall be by said society appropriated to 
cblll^ of b'u'^riai ^"^ invested in the purchase and maintenance of a lot of 
ground. land for burial purposes in such part of said Needham as said 

society may elect, with the consent of said town of Needham. 
Section 8. This act shall take effect upon its passage. 

Approved March 24, 1871. 



An Act in addition to an act to incorporate the proprietors 
OF the boston pier or the long wharf. 



Chap. 136 

Be it enacted, Sfc, as follows : 

BoXifpieVo^r SECTION 1. The property and estate now held by the 
Long Wharf, proprictoFS of Bostou Pier or the Long Wharf, shall, upon 



1871.— Chapter 136. 517 

the acceptance of this act in the manner hereinafter pro- 
vided, be and be deemed vested in the corporation ; to be 
held, leased, managed, improved and disposed of as it may 
deem for its interest, and the capital of said corporation capital stock 
shall be divided into forty-eight hundred shares of the par ^^^ shares, 
value of one hundred dollars each, which shares shall be 
deemed personal property, and shall be held, transferred and 
disposed of as such. 

Section 2. Upon the acceptance of this act, as herein- certificates of 
after provided, the corporation shall issue to each proprietor L'erto p°ropril- 
a certificate of so many of said shares as shall be propor- J?Jj^ J^^^j^^^jP?^". 
tionate to his interest in the corporate property : provided, H^^'^^^l^^ ^\l 
however, if the interest of any proprietor cannot be repre- erty. 
sented by a certain number of such shares, that the corpo- '■°^'*°- 
ration may purchase of such proprietor his fractional part of 
a share by paying him tlierefor in money at the rate of said 
par value. 

The corporation may by their by-laws prescribe the form 
of certificates and mode of transfer of shares. 

Section 3. In case any interest in said corporate property Provisions in 

disc RDV intGr* 

shall, at the time of the acceptance of this act, be held by est in corporate 
trustees, executors, or persons who are or may be under hewTy^tras- 
guardianship, such trustees, executors and the guardians of ^^^_*' executors, 
such persons are hereby authorized to receive in lieu there- 
of, certificates of so many of the new shares as shall be 
equal to their respective interests : provided, however, that Pro^sos. 
the new shares so received shall be taken and be held by 
them respectively upon the same trusts and for the same 
uses and purposes, and subject to the same limitations, as 
the interest previously held by them ; and provided, also, 
that such trustees, executors and guardians shall give suffi- 
cient bond to the judge of probate for the county in which 
they shall have respectively been appointed ; or in case their 
appointment shall have been by deed, to the judge of pro- 
bate for the county of Suffolk, to hold and account for said 
shares and the proceeds thereof according to the terms of 
their respective trusts ; but said, bond may be dispensed 
with, whenever the said trustees, executors or guardians 
shall have previously given bonds sufficient in the opinion of 
the said judge of probate to secure the proper appropriation 
of said shares, or whenever the giving of a bond, or of a 
bond with sureties, shall have been dispensed with in the 
instrument creating the trust, or whenever all parties inter- 
ested in the trust fund, being of full age and legal capacity, 
certify to the said judge of probate their consent that no 
bond shall be required. 



518 1871.— Chapter 136. 

^uslflw by a Section 4. In case any interest in said corporate prop- 
wh[ch^h"''wife ®^'*y ^^^^^^' ^* *'^® ^i"^® of the acceptance of this act, be held 
has. an inchoate by any married man, in which his wife has an inchoate right 
ng o ower. ^^ (Jowcr, the Certificates to be issued in lieu thereof shall 
state that the shares for which they were issued are subject 
to such right of dower ; and the wife shall have the same 
rights in the income of said new shares, as she would have 
had if the interest of her husband in the said corporate 
Proviso. property had continued to be real estate : provided, how- 

ever, a wife may release her right of dower in any of said 
shares by uniting with her husband in a transfer thereof, 
and whenever the right of dower in any such shares shall 
have been once terminated by such transfer, or by death, or 
operation of law, the shares so issued shall thereafter have 
all the incidents of personal property. 
tate°for^ffe OT SECTION 5. lu casc any interest in said corporate property 
be™n °Ito^oll ^^^^^^ ^^ ^^^® ^^^^® 0^ ^^^® acceptance of this act, belong to ' 
person and the pcrsous having different or separate interests therein, so that 
am)the!r.'°" ° au estate for life or for a term of years in the same, belongs 
to one person, and the remainder or reversion belongs to 
another, and there is no trustee capable of taking the same, 
said new certificates shall be issued to such person or persons 
as all having an interest therein shall by an instrument in 
writing filed with the corporation, join in appointing to take 
Proviso. the same : provided, however, if any of the persons having 

an interest in such property shall by reason of legal dis- 
ability, be incapacitated from choosing a trustee, or persons 
not in being shall have an interest therein, or if the persons 
so interested cannot agree upon a choice, the probate court 
for the county of Suffolk, shall upon application appoint 
some suitable person as trustee ; and the person so appointed 
shall before entering upon the duties of his trust give a bond 
to said judge of probate, with sufficient surety or sureties, in 
such penal sum as the judge directs, conditioned for the 
faithful performance of his duties, in appropriating the in- 
come and principal of said shares, in the same manner that 
the interest in the corporate property for which they were 
issued would have been appropriated had that interest re- 
mained real estate ; which bond upon breach of its condition 
may be put in suit by order of the probate court for the use 
and benefit of the persons interested in the trust property 
in like manner as is provided in case of bonds given by 
executors. 
May increase SECTION 6. The Said Corporation at a meeting duly called 
shares and hold for that purposc, may increase the number of its shares, of 
es^tate?"*^^ ''*^**' the par value aforesaid, to a number not exceeding in all ten 



1871.— Chapters 137, 138. 519 

thousand, and may purchase and hold for the purposes of 
the corporation, additional real estate of not more than five 
hundred thousand dollars in value. 

Section 7. This act shall be of no effect until the same Act may be ac- 
is accepted by the corporation, at a meeting duly called for onwo-thirdTiu 
the purpose, and by vote of at least two-thirds in interest. interest. 

Approved March 24^1871. 
An Act to change the name of the avinnisimmet congrega- QJinp I37 

TIONAL SOCIETY IN CHELSEA. -^ * 

Be it enacted, cVc, as follows: 

Section 1. The Winnisimmet Congregational Society, in Name changed 
the city of Chelsea, organized on the sixth day of Septem- g^regationli^so- 
ber, in the year one thousand eight hundred and forty-three, f^,^y °^ ^'1^^" 
under the provisions of chapter sixty-two of the acts of the 
year eighteen hundred and forty, shall be hereafter called 
and known by the name of The Central Congregational 
Society of Chelsea. 

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

Approved March 24, 1871. 

An Act to incorporate the dedham public library and read- nh^r^ 1 qu 

ING-ROOM. '^'^^P- ^^^ 

Be it enacted, Sfc. , as follows: 

Section 1. Waldo Colburn, Thomas L. Wakefield, Edward corporators. 
Stimson, Edmund Quincy, William Chickering, Erastus 
Worthington, Alfred Hewins, Henry 0. Hildreth, their asso- 
ciates and successors, are hereby made a corporation by the 
name of the Dedham Public Library, for the formation and ^^^^^^^'^^^' 
maintenance of a public library and reading-room in Ded- 
ham, and to hold in trust for said purposes such property as 
may be acquired by said corporation ; with all the powers powers and 
and privileges, and subject to all the duties, restrictions and duties. 
liabilities set forth in all general laws which now are or 
hereafter may be in force, applicable to such corporations. 

Section 2. Said corporation may hold real and personal Real and per- 
estate for the purposes aforesaid, to an amount not exceed- *°"'^ <=sae. 
ing one hundred thousand dollars, exclusive of books, papers 
and works of art. 

Section 3. The members of said corporation shall not Members of cor- 
exceed fifty in number, to be elected by the corporation by IJrmore timn *^ 
ballot, and after said corporation is organized, the number fha^i'^thLly^af- 
of members shall not be less than thirty. lioV^"""'''''' 

Section 4. The management and control of the property control of prop- 

p,-i , ,^-^ , It L *f Grtv to be vest" 

01 said corporation, subject to its by-laws and regulations, ed in board of 
shall be vested in a board of nine trustees, to be elected by '^"'^ trustees. 
said corporation from its members by ballot, to hold office 



520 1871.— Chapters 139, 140, 141. 

three years, one-third thereof, after the first election, to be 
chosen annually. At the first election three of said trustees 
shall be elected for one year, three for two years, and three 
for thi'ee years ; and any vacancy in said board of trustees 
shall be filled by the election by the corporation of a trustee 
for the unexpired term of his predecessor. 
^ppSia™'"'' Section 5. So long as said corporation shall allow the 
money towards inhabitants of Dedhara free access to its library and reading 

support as long -j x II 

as inhabitants rooui, uudcr reasonable regulations, said town may annually 
to^ii^bra'iy!*'''^'^^* appropriate and pay to said corporation a sum not exceeding 
one dollar on each of its ratable polls. 

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

Approved March 24, 1871. 

Ch(ip, 139 -^^ -^^^ '^^ AUTHORIZE THE PRESIDENT AND FELLOWS OF HARVARD 
"' COLLEGE TO EXTEND THEIR AVHARF IN CAMBRIDGE. 

Be it enacted, ^'c, as follows : 

n- 
r 

harbor'commis- ou the northerly side of Charles River in Cambridge, to such 



May^extend^ SECTION 1. The President and Fellows of Harvard Col- 
bridge, under lege are hereby authorized to extend their wharf, situated 



sioners. 



distance into the river in a southerly direction as the board 
of harbor commissioners shall determine, subject to the pro- 
visions of chapter one hundred and forty-nine of the acts of 
the year eighteen hundred and sixty-six, and chapter four 
hundred and thirty- two of the acts of the year eighteen hun- 
dred and sixty-nine. 

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

Approved March 24, 1871. 

CkCiP. 140 -^^ ^^^ '^^ CONFIRM THE ORGANIZATION AND CERTAIN ACTS OF THE 
■^ ' MOUNT PLEASANT ASSOCIATION IN ABINGTON. 

Be it enacted, §'c., as follows : 

Organization of SECTION 1. The Organization of the corporation, known as 
confirmed!" the Mouut Plcasant Association, in Abington, and all acts 

done under such organization, which such corporations may 

lawfully do, are hereby confirmed. 

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

Approved March 24, 1871. 



Chap. 141 



An Act to incorporate the sherborn and south natick rail- 
road COMPANY. 
Be it enacted, Sfc, as follows : 
Corporators. SECTION 1. Thcodorc Otis, William E. Baker, Jackson 

Bigelow, Stedman Hartwell, their associates and successors, 
are hereby made a corporation by the name of the Sherborn 
Powers and ^"^ South Natick Railroad Company ; with all the rights, 
duties. powers and privileges, and- subject to all the duties, restric- 

tions and liabilities set forth in the general laws which now 



1871.~Chapter 142. 521 

are or may hereafter be in force applicable to railroad cor- 
porations. 

Section 2. Said corporation may locate, construct, main- 5ray buiid road 
tain and operate a railroad, with one or more tracks, com- a'nd Framing^ 
mencing on or near the Iklansfield and Framingham Railroad ]!."™road in 

in the centre of SherboVn, at such convenient point as it -^herborn to 
, , . • . i 1 T i- ji 1 Boston, Hart- 

may select ; then running ni an easterly direction through ibid and Erie 

the towns of Sherborn, Natick and Dover, to some convenient Keedhamf 

point on tlie Woonsocket division of the Boston, Hartford 

and Erie Railroad, near the Charles River station, in the 

town of Needham. 

Section 3. Said corporation may enter with its road upon, May unite with 
unite the same with, and use the railroads of the Mansfield 
and Framingham Railroad Company, and the Boston, Hart- 
ford and Erie Railroad Company ; and the said Mansfield 
and Framingham Railroad Company and the said Boston, 
Hartford and Erie Railroad Company may enter with their 
railroads upon, unite the same vith, and use the railroad of 
the said Sherborn and South Natick Railroad Company, sub- 
ject to the provisions of the general laws concerning the 
same. 

Section 4. The capital stock of said corporation shall not and"h!ire8?^ 
exceed two hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each, the number of 
whicli shall be determined from time to time by the directors 
thereof. 

Section 5. 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, Road to be lo- 
and sliall be void unless said railroad shall be located within twoyears'and 
two years and constructed within four years from the passage ^°'thin"four 
hereof. Approved March 25, 1871. y^'^"- 

An Act in addition to an act to incorporate the new England fyi^ i ^o 

TRUST COMPANY. l^ /ICfJ) . I '± Z 

Be it enacted, §'c., as follows: 

Section 1. The New England Trust Company may in- May increase 
crease its capital stock to an amount not exceeding in the •='»p''"1 ^'•^<=^- 
whole the sum of one million dollars. 

Section 2. It shall be lawful for the said corporation to May invest its 
invest its capital and all moneys held by it in trust, in the mone"j' held in 
authorized loans of any of the counties, cities or towns in any {hoHzed'io^anT 
of the New England States, or to loan the same to this Com- "^^'in^^/New 
mon wealth, or to any county, city or town tlierein ; and said England 
corporation may also invest such capital and moneys in any lil'whlcrsav' 
other securities in which savings banks now are or hereafter '^£^e7to^.^ 

vest. 



5-22 1871.— Chapter U2. 

may be allowed to invest, and shall be subject to and gov- 
erned by tlie provisions concerning savings banks, which are 
contained in sections one hundred and forty-three and one 
hundred and forty-six of chapter fifty-seven of the General 
Statutes, 
vision's of 1865 SECTION 3. Said corporation shall be subject to the provi- 
^sa ' sions of chapter two hundred and eighty-three of the acts of 

the year eighteen hundred and sixty-five, and any acts now 
existing, or which may hereafter be passed in amendment or 
lieu thereof; it shall also, annually, between the first and 
Return to be tenth days of May, return to the tax commissioner a true 
co^i^ssiouer. Statement, attested by the oath of some officer of the corpo- 
ration, of all personal property held upon any trust on the 
first day of May, which would be taxable if held by an indi- 
vidual trustee residing in this Commonwealth, and the name 
of every city or town in this Commonwealth where any bene- 
ficiary resided on said day, and the aggregate amount of such 
• property then held for all beneficiaries resident in each of 
such cities and towns, and also the aggregate amount held 
for beneficiaries not resident in this Commonwealth, under 
the pains and penalties provided in section fourteen of chap- 
ter two hundred and eighty-three of the acts of the year 
eighteen hundred and sixty-five and acts in amendment 
thereof, for corporations failing to make the returns provided 
by said act. Said corporation shall annually pay to the 
treasurer of the Commonwealth a sum to be ascertained by 
assessment upon an amount equal to the total value of such 
property, at a rate to be ascertained and determined by the 
tax commissioner under section five of chapter two hundred 
and eighty-three of the acts of the year eighteen hundred and 
Taxes not to be sixtv-fivc and acts in amendment thereof. No taxes shall be 

assessed upon •' - . . . 

property held asscsscd lu any City or town for state, county or town pur- 
lub , -c. poses upon or in respect of any property held in trust as 
aforesaid, but such proportion of the sum so paid by said 
corporation as corresponds to the amount of such property 
held for beneficiaries resident in this Commonwealth, shall 
be credited and paid to the several cities and towns where it 
appears from the returns or other evidence that such benefi- 
ciaries resided on the first day of May next preceding, ac- 
cording to the aggregate amount so held in trust for benefi- 
ciaries residing in such cities and towns respectively ; and in 
regard to such tax so to be assessed and paid as aforesaid, 
said corporation shall be subject to sections eleven, twelve, 
thirteen, the last paragraph of section fifteen and section 
seventeen of chapter two hundred and eighty-three of the 
acts of the year eighteen hundred and sixty-five, and acts iu 



1871.— Chapters 143, 144. 523 

amendment or lieu thereof, so far as the same are applicable 
thereto. 

Section 4. Section eight, and so much of section ten of [im,cd^wUhout 
chapter one hundred and eighty-two of the acts of the year limitation of 
eighteen hundred and sixty-nine, as limits the existence of 
said corporation to fifty years, is hereby repealed. 

Section 5. This act shall take effect whenever it shall be subject to ac 
accepted by a vote of said corporation at a meeting warned vo?e*of co^^pora- 
for the purpose. Within thirty days after such acceptance, ti*>u. 
a copy of the vote accepting the same, certified by and at- 
tested by the oath of the president, or one of the vice-presi- 
dents of the corporation, and the secretary thereof, shall be 
filed in the office of the secretary of state, and such certifi- 
cate shall be conclusive evidence of such acceptance. 

Approved March 30, 1871. 

An Act to authorize special contracts for the transporta- Chap. 143 

TION OF PASSENGERS ON DESIGNATED TRAINS UPON RAILROADS. 

Be it enacted, §"c., as follows : 

Section 1. A railroad corporation may make contracts for Railroads may 

,1 n j'j.jj.-^ convey passen- 

the conveyance or passengers upon designated trains, lor a gersupondesig- 
specific distance, at fixed times, at such reduced rates of fare rc^iuced'^rltes.'** 
as the parties may agree upon. 

Section 2. Tickets may be issued for such passengers. Tickets not 
upon which shall be plainly printed the terms upon which nor^enufiehoid- 
they may be used. And such tickets shall not be transfer- ^rain no^ de^8?g- 
able without the consent of the corporation, nor entitle the nated. 
holder to ride upon any train not therein designated. 

Approved March 30, 1871. 



Chap. 144 



An Act to increase the jurisdiction in civil cases of police 
and municipal courts and of the district court of central 
berkshire. 

Be it enacted, ^c, as follows : 

Section 1. The several police courts and municipal Poii" courts to 
courts of the Commonwealth, and the district court of cen- rent junsdic- 
tral Berkshire, shall hereafter have jurisdiction concurrently rlo? court 'i^^^' 
with the superior court in the counties in which said courts the^amount*of 
are situated, of all personal actions and proceedings in civil $3oo. 
cases in which the amount demanded, or the value of the 
property claimed, does not exceed three hundred dollars. 

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

Approved March 30, 1871. 
13 



524 1871.— Chapters Ud, U6, U7, U8. • 

Chap. 145 An Act to amend the tiiiuty-sixth section of chapter thirty- 
eight OF the general statutes, in relation to the mainte- 
nance OF school-houses by towns. 
Be it enacted, Sfc^ as follows: 
fownl*for'\ieg- ^lie thirty- sixtli section of chapter thirty-eight of the 
lecting to main- General Statutes is hereby amended by adding at the end 
houses. thereof the following words : — 

A town which for one year refuses or neglects to comply 
with the requisitions of this section, shall forfeit a sum not 
less than five hundred nor more than one thousand dollars, 
under the same provisions as those made in sections fourteen 
and fifteen of this chapter. Approved March 30, 1871. 

Chap. 146 -A^ ^^"^ "^o incorporate the orange savings bank. 

Be it enacted, §'c., as follows : 

Corporators. SECTION 1. Ed Ward Bartou, Rodney Hunt, Davis God- 

dard, N. L. Johnson, their associates and successors, are 

po*s^^ ^"^"^ ^'"'^ hereby made a corporation by the name of the Orange 
Savings Bank, to be located in the town of Orange ; with all 

dutieT*"^*^ the powers and privileges, and subject to all the duties, re- 
strictions and liabilities, set forth in all general laws, which 
now are or may hereafter be in force applicable to institu- 
tions for savings. 

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

Approved March 30, 1871. 

Chap. 147 -^^ -^CT TO authorize the NASHUA AND LOWELL RAILROAD CORPO- 
RATION TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, ^'c, as follows: 
uonTcSitai Section 1. The Nashua and Lowell Railroad Corporation 
stock. may, for the purchase of depot and terminal facilities, in- 

crease its capital stock fifty thousand dollars, and the capital 
stock of said corporation is fixed and limited at eight hun- 
Proviso. (jj.g(j thousand dollars : provided., that no stock shall be is- 

sued for a less sum to be actually paid in in cash on each 
share than the par value thereof. 

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

Approved March 30, 1871. 

Chap. 148 ^^ ^^"^ RELATING TO THE CANTON AND HYDE PARK, AND STOUGHTON 
^ BRANCH RAILROAD COMPANIES, AND THE BOSTON AND PROVIDENCE 

RAILROAD CORPORATION. 

Be it enacted, ^'c, as follows : 

hj^ro^dix**" Section 1. The time for locating the road of the Can- 
teuded. ^Qjj and Hyde Park Railroad Company is hereby extended 

to the first day of May, in the year eighteen hundred and 
seventy-three ; and the time for constructing the same is ex- 
tended to the first day of May, in the year eighteen hundred 



Chap. 149 



1871.— Chapters 149, 150. 525 

and seventy-four ; and the time allowed said company to 
unite with the Stoughton Branch Railroad Company is ex- 
tended to the first day of May, in the year eighteen hun- 
dred and seventy- six. 

Section 2. Said Canton and Hyde Park Railroad Com- 
pany may connect its road with tlie road of the Boston and 
Providence Railroad Corporation, and use the same accord- 
ing to law, but no such connection shall be made without 
the consent of the Boston and Providence Railroad Corpo- 
ration, 

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

Approved March 30, 1871. 

An Act to autiiokize henry Gardner to extend his wuarf in 

weymouth. 
Be it enacted, Sfc, as follows: 

Section 1. License is hereby given to Henry Gardner May extend 
to extend his wharf on Fore River, so called, in Weymouth ; mouth.Tub^ct' 
the extent, width and materials of such extension to be de- f°rborcommL 
termined by the board of harbor commissioners, subject to sioners. 
the provisions of chapter one hundred and forty-nine of the 
acts of tlie year eighteen hundred and sixty-six, and cliapter 
four hundred and thirty-two of the acts of the year eighteen 
hundred and sixty-nine, so far as the same are applicable. 

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

Approved March 30, 1871. 

An Act to incorporate the morse institute in natick. Chap. 150 
Be it enacted, &,-c., as follows: 

Section 1. John W. Bacon, Willard Drury, John 0. ^^I'l'^^fji^jfr?" 
Wilson, Elisha P. Hollis and Horatio -Alger, the trustees Ann Morse in- 
elected by the inhabitants of the town of Natick under the '^°'"p°''''*® • 
provisions of the will of Mary Ann Morse, and their succes- 
sors as such trustees, are hereby made a corporation by the 
name of the Morse Institute in Natick ; and they and their Name, 
successors shall be and remain a corporation by that name 
forever; with all the powers and privileges, and suliject to Powers and 
all duties, restrictions and liabilities that now are or here- ^"^*'*^®" 
after may be in force applicable to such corporations ; but 
when any person shall be elected a trustee of said institute, 
the person in whose place he is elected shall cease to be a 
member of said corporation upon the acceptance of his suc- 
cessor. 

Section 2. Said corporation shall hold the deviee and '''"g]}"!,^^^^;^^ 
bequest of said Mary Ann Morse and the proceeds thereof, ry out trusts 
and shall perform and carry out the trusts upon whicli said ^l?a°'gi^'en tV' 
devise aud bequest were given to the town of Natick, and Natick. 



526 1871.— Chapters 151, 152. 

they may also hold other real and personal property not ex- 
ceeding two hundred thousand dollars in value, the income 
of which shall be appropriated exclusively to the enlarge- 
ment, care and maintenance of the library and reading-room 
to be established under the provisions of said will, for the 
use and benefit of all the inhabitants of said town of Natick. 
Section 3. This act shall take effect upon- its passage. 

Approved March 30, 1871. 

Chat). 151 ^^ ^^^ ^*^ AUTHORIZE THE BOSTON THEOLOGICAL SEMINARY AND 
^' THE TRUSTEES OF BOSTON UNIVERSITY TO UNITE. 

Be it enacted, Sfc, as follows : 

The Boston SECTION 1. Thc Bostou Thcological Seminary is hereby 

sem'in'^afymay authorized and empowered to transfer to the trustees of 
f?ancMse^to the Bostou Uuivcrsity, upou sucli tcrms and conditions as shall 
fity'°'^ ^'^^^^'^" ^^ fixed and agreed upon by said corporations, the school 
hitherto maintained by said Boston Theological Seminary, 
and all the powers, rights, privileges, franchises, property, 
claims, trusts and estates, appertaining in law or in equity 
to said Boston Theological Seminary. 
When transfer SECTION 2. When such transfer shall have been agreed 
cer1mcate"to°be upou by the two corporations aforesaid, in meetings duly 
secretary^F °^ callcd to act upou that subjcct, and a certificate thereof 
Common- sigucd by the presidents of such corporations shall have been 
filed in the office of the secretary of the Commonwealth, the 
trustees of Boston University shall thereupon take and enjoy 
Powers and all the powcrs, rights, privileges, franchises, property, claims, 
trusts and estates appertaining in law or in equity to said 
Boston Theological Seminary, subject to all duties, restric- 
tions and liabilities belonging thereto, and said Boston Theo- 
logical Seminary shall thereafter remain a corporation only 
for the purpose of executing all such transfers, assignments 
and conveyances as may be deemed necessary to vest all 
such rights, property, claims and estates in the trustees of 
Boston University, and for the purpose also of receiving any 
gifts, devises and bequests that may have been made to it by 
will or otherwise, and transferring the same as aforesaid. 
Section 3. This act shall take effect upon its passage. 

Approved March 30, 1871. 

Chat) 152 ^^ ^^^ UNITING AND CONSOLIDATING THE PROPRIETORS OF THE 
-* ' TREMONT MILLS AND THE SUFFOLK MANUFACTURING COMPANY. 

Be it enacted, ^c, as follows: 

Tremont MDis SECTION 1. The proprietors of the Tremont Mills and the 

Manufacturing Suffolk Manufacturing Company have leave to unite and 

unite.'^''^ ^^^ consolidate the two corporations, for the purposes named in 

their respective acts of incorporation, and all amendments 



1871.— Chapter 152. 527 

thereto, upon such terms as a majority in interest of the 
stockholders of the corporations present and voting at meet- 
ings called for that purpose, shall respectively by vote deter- 
mine, and such votes so passed by said corporations, shall be 
effectual to unite and consolidate the said corporations with- 
in the intent and meaning of this act, and the property, both 
real and personal, with the title thereto of the respective cor- 
porations shall vest in and be held by the consolidated corpo- 
ration, with all the rights and franchises of the two corpora-- 
tions respectively. 

Section 2. The officers of the two corporations shall ^o^j^^r^tioi^slo 
hold in the consolidated corporation the same office that each continue unm 

, , , . , ^ . . . , .■■ new election is 

now holds in the two corporations respectively, until a new provided. 
election is held as hereinafter provided. 

Section 3. After the organization of the consolidated |?;'fto*'p''JPtfifJe 
corporation each of said existing corporations shall continue for certain pur- 
for the purpose of effecting said union, and adjusting the soildariony "^ 
claims of its stockholders, and also doing all such acts and 
things, if any, as may be necessary therefor ; and shall exe- 
cute all such transfers, assignments and conveyances as the 
corporation formed as aforesaid may deem necessary or 
expedient to vest in itself, any property, estate, contracts, 
rights or claims, if any there be, which do not vest in it by 
virtue or authority of this act. 

Section 4. The corporation formed as aforesaid shall be xremont and 
called the Tremont and Suffolk Mills, and shall have all the ^^ffo^"^ ""'«• 
powers and privileges, and be subject to all the duties, re- 
strictions and liabilities set forth in all general laws, which 
now or may hereafter be in force, relating to manufactur- 
ing corporations. It may hold for the purposes aforesaid real Real estate, 
estate necessary and convenient for its business, to an 
amount not exceeding nine hundred thousand dollars, and 
its whole capital stock shall not exceed fifteen hundred thou- CapUai stock 
sand dollars, divided into shares of one hundred dollars each. '"^'^ ^^^^^ ' 

Section 5. The first meeting of the Tremont and Suffolk of7tockhoid"efs. 
Mills shall be called by its president and directors, and of the 
time and place of said meeting, seven days notice shall be 
given by publication thereof in one newspaper in the city of 
Boston and in one in the city of Lowell, at which meeting 
the officers of said corporation shall be chosen. 

Section 6. The by-laws shall provide for holding the Annual meet- 
annual meetings of the corporation. "'°' 

Section 7. This act shall take effect upon its par sage. 

Approved March 31, 1871. 



528 1871.— Chapters 153, 154, 155, 156. 

Chap. 153 An Act to reimburse the Vermont and Massachusetts rail- 

ROAD COMPANY FOR EXPENDITURES ON THE TROY AND GREEN- 
FIELD RAILROAD. 

Be it enacted, ^'c, as follows : 

Allowance of SECTION 1. There shall be allowed and paid from the 

$42,1()0.21 for , TT TUT 1 . T-t •^ 1 /^ 

repairing Troy treasury to the Vermoiit and Massachusetts Kailroacl bom- 
Kaii^a^d" ^ pauy the sum of forty-two thousand one hundred and sixty 
dollars and twenty-one cents, as an additional allowance and 
in full of the cost of repairing and improving the Troy and 
Greenfield Railroad, under the provisions of chapter two 
hundred and fifty-two of the acts of the year eighteen hun- 
dred and seventy, 
re'nt^lbaufd^'^*' SECTION 2. An additional three months rent of said rail- 
road, while not in a condition for use, is abated to the les- 
sees thereof. 

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

Approved March 31, 1871. 

Chap. 154 An Act to incorporate the Worcester choral union. 
Be it enacted, ^'c, as follows: 

Corporators. SECTION 1. Alexander C. Munroe, Seth Richards, Samuel 

E. Staples, Lyman H. Goodnow, their associates and succes- 
sors, are hereby made a corporation by the name of the 

Name and pur- Worcester Choral Union, in the city of Worcester, for the 
purpose of the study and practice of oratorio and other 

Powers and music ; with all the powers and privileges, and subject to all 

duties. ^i^g duties, restrictions and liabilities set forth in all general 

laws which now are or may hereafter be in force applicable 
to such corporations. 

Tcmai^e'sta'ter SECTION 2. Said Corporation may hold real and personal 
estate to an amount not exceeding fifty thousand dollars. 
Section 3. This act shall take effect upon its passage. 

Approved March 31, 1871. 

Chap. 155 An Act in addition to an act to increase the capital stock 

■^' OF the LOWELL GAS COMPANY. 

Be it enacted, Sfc, as follows : 

May increase SECTION 1. Chapter ouc huudrcd and nineteen of the 
acts of the present year, increasing the capital stock ot the 
Lowell Gas Company shall be held to apply to the Lowell 
Gas Light Company. 

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

Approved March 31, 1871. 
Chan 1 56 -^ -^^^ ^^ CONFIRM certain proceedings of the trustees OF the 

■T' PERMANENT PEACE FUND. 

Be it enacted, §'c., as follows : 

rroceedinprs of SECTION 1. The procccdings of the trustees of the Perma- 
andcTnfirS'^ nent Peace Fund, whereby on the twentieth day of October, 



capital stock. 



1871.— Chapters 157, 158. 529 

in the year eighteen hundred and sixty-tliree, they organized 
as a corporation, under their act of incorporation, approved 
February sixteenth, eighteen hundred and sixty-three, and 
their subsequent proceedings as such corporation, and in mak- 
ing an agreement as such, with Martha W. Beckwith, widow 
of George C. Beckwith, deceased, in adjustment of her rights 
in the estate of her late husband, and under his will, be- 
queathing his property to said trustees, are hereby ratified 
and confirmed. 

Section 2. Said trustees are authorized and empowered 
to hold real and personal estate in addition to that now au- 
thorized, to an amount not exceeding one hundred thousand 
dollars. 

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

Approved March 31, 1871. 



Chap. 157 



An Act to change the name of the hollis evangelical society 

IN framingham. 
Be it enacted, ^'c, asfolloics : 

Section 1, The name of the Hollis Evangelical Society Name changed. 
in Framingham, a religious society establislied under the 
laws of this Commonwealth, is hereby changed to the Plym- 
outh Society in Framingham. 

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

Approved March 31, 1871. 



Chap. 158 



An Act to provide for the election of road commissioners. 
Be it enacted, Sfc, as follows : 

Section 1. Any town which shall have accepted the pro- Eoad commis- 
visions of this act, may, at a meeting called for that purpose, cirj^sln forgone, 
choose by ballot three competent and discreet men, being in- two, and three 
habitants of said town, who shall constitute the board of 
road commissioners for said town, 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 date of the annual 
meeting of said town at which they may be chosen ; or if 
they shall be chosen at a meeting other than the annual 
meeting of said town, then for the term of one, two and three 
years respectively from the date of the annual meeting next 
preceding said election, and until their successors are chosen 
and qualified ; and at every subsequent annual meeting the 
voters of such town shall choose one person, qualified as 
aforesaid, to be a member of said board, to serve for the 
term of three years : provided, that such acceptance, at any 
annual meeting thereafter called for that purpose, may be 
revoked, and said board abolished. 



530 



1871.— Chapter 159. 



To perform du- 
ties now vested 
in selectmen 
and surveyors 
of highways. 



—to be sworn, 
&c. 



When vacancy 
occurs, to be 
filled by select- 
men. 



Section 2. Said road commissioners shall have and per- 
form exclusively all the powers and duties now vested by 
law in selectmen and surveyors of highways, concerning the 
laying out, altering, making, repairing or discontinuing 
streets, ways, sidewalks, sewers and drains. 

Section 3. Said commissioners shall be sworn to the 
faithful performance of the duties of their office, and shall 
receive such compensation for their services as the town may 
determine. 

Section 4. "Whenever a vacancy occurs in said board of 
road commissioners, the same shall be filled by the selectmen 
of such town, and tiie person so appointed shall hold his 
office until another shall be chosen at the next annual meet- 
ing of said town, and qualified. 

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

Approved April 1, 1871. 



Chap. 



"Water bonds of 
the city of 
Charlestown 
may be issued. 



Proviso. 



— may be sold 
at public or pri- 
vate sale. 



Net income to 
be applied to 
reduction of 
water debt. 



ICQ An Act- in addition to "an act for supplying the city of 

CHARLESTOWN WITH PURE WATER." 

Be it enacted, ^'c, as follows : 

Section 1. For the purpose of defraying the cost and ex- 
penses incurred by the city of Charlestown in the construc- 
tion and extension of water works in said city, the city 
council of said city is hereby authorized to issue from time 
to time, scrip, notes or certificates of debt, to be denominated 
on the face thereof, " Water Bonds of the City of Charles- 
town," to an amount not exceeding one hundred and ten 
thousand dollars : provided, however, that the whole amount 
issued under this act and the acts to which this act is an addi- 
tion, shall not exceed the cost of the construction and exten- 
sion of said works. The said bonds shall bear interest at a 
rate not exceeding six per centum per annum, and 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, on such terms and conditions 
as said city council shall judge proper. 

Section 2. The income derived from water rates, under 
the several acts authorizing the construction and extension 
of water works in said city, after deducting cost of mainte- 
nance, and interest on the water bonds, shall be applied to 
the reduction of the water debt, and shall not be used for 
any other purpose whatever. 

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

Approved April 3, 1871. 



1871.— Chapters 160, 161, 162. 531 

An Act to incorporate the north attleboro' odd fellows Qfid^ \QQ 

HALL ASSOCIATION. ^' 

Be il enacted, iVc, as follows: 

Section 1. BeDJamin F. Pratt, David Capron, David D. Corporators. 
Kent, their associates and successors, are hereby made a cor- 
poration under the name of the North Attleboro' Odd Fellows gy^f *°<iP"'- 
Hall Association, for the purpose of managing and adminis- 
tering the funds belonging to said association, and of erecting 
and maintaining a building for the purposes of a hall, and 
any other lawful purpose ; with all the powers and privileges. Powers and 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter be 
in force, applicable to such corporations. 

Section 2. Said corporation may hold real and personal ^Jnai'^Jltatef* 
estate to an amount not exceeding twenty thousand dollars. 

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

Approved April 3, 1871. 

An Act to incorporate the hoosac savings bank of north QJiap. 161 

ADAMS. 

Be it enacted, ^'c, as folloios : 

Section 1. Benjamin F. Robinson, Sylvander Johnson, corporators. 
Edward R. Tinker, William S. Blackinton and Edwin 
Thayer, their associates and successors, are hereby made a 
corporation by the name of the Hoosac Savings Bank, to be Name. 
located in North Adams ; with all the powers and privileges, ^°^YeY^ """^ 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or hereafter may be 
in force applicable to institutions for savings. 

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

Approved April 3, 1871. 

An Act to incorporate the lee and Hudson railroad company. QJiap. 1 62 
Be it enacted, §'c., as folloios : 

Section 1. Elizur Smith, John B. Hull, Robert G. Aver- corporators. 
ill, their associates and successors, are hereby made a corpo- 
ration by the name of the Lee and Hudson Railroad Com- Name. 
pany; with all the powers and privileges, and subject to all ^"tTeT""*^ 
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 lo- Railroad from 
cate, construct, maintain and operate a railroad, with one or ^Z\vimit\d 
more tracks, commencing at some convenient point on the f^e'^o thl"\v. 
Stockbridge and Pittsfield Railroad, in the town of Lee, and s'toc'kbridge or 
thence running southerly and westerly through the towns of bany I'oad in w! 
Lee, Stockbridge and West Stockbridge, to some convenient stockbndge. 

14 



532 



1871.— Chapter 163. 



May enter upon 
and unite witli 
other railroads. 



Capital stock 
and shares. 



May mortgage 
road and fran- 
chise. 



May sell or 
lease road. 



To be located 
within three 
years and con- 
structed within 
six years. 



Chap. 163 



Persons receiv- 
ing benefit from 
dams, drains, 
&c., to pay pro- 
portional part 
of expense of 
building the 
same. 



point on the West Stockbridge Railroad, or the Boston and 
AHmny Raih'oad, in said town of West Stockbridge. 

Section 3. Said corporation may enter with its railroad 
upon, unite the same with, and use the road of the Stock- 
bridge and Pittsfield Railroad Company at Lee, and the West 
Stockbridge Railroad Company and the Boston and Albany 
Railroad Company, or either of them, at West Stockbridge, 
and each of the said several railroad companies may respec- 
tively enter with its road upon, unite the same with and use 
the road of the Lee and Hudson Railroad Company, subject 
to the provisions of the general laws. 

Section 4. The capital stock of said corporation shall not 
exceed the sum of five hundred thousand dollars, nor be 
less than two hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each. 

Section 5. 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 Commonwealth. 

Section 6. 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 and Albany Railroad Company, or the Stock- 
bridge and Pittsfield Railroad Company, upon such terms as 
may be agreed upon by the directors of the contracting cor- 
porations, and said Boston and Albany Railroad Company or 
Stockbridge and Pittsfield Railroad Company, is hereby au- 
thorized to purchase or hire the same. 

Section 7. This act shall take effect upon its passage, 
and shall be void unless said railroad is located within three 
years, and constructed within six years after the passage 
hereof. ^ Approved April 3, 1871. 

An Act to provide for the proportioxal payment of the 
expense of erecting and maintaining dams, ditches and 
drains for the benefit of cranberry lands. 

Be it enacted, §'c., as follows : 

Section 1. Whenever, in accordance with the provisions 
of chapter two hundred and six of the acts of the year eigh- 
teen hundred and sixty -six, a dam shall have been erected or 
maintained for the purpose of flowing and irrigating a tract 
of land appropriated to the cultivation and growth of the 
cranberry, or whenever any person at his own charge, shall 
have made, kept open or repaired any ditches or drains for 
the improvement or cultivation of such a tract, any other 



1871.— Chapters 164, 165, 166. 533 

owner or lessee of a like tract, using such dam, ditches or 
drains, or by any more remote means receiving benefit there- 
by for the flowing, irrigating or draining of such last men- 
tioned tract, shall pay to the person who has erected or 
maintained such dam, or incurred such charge, his propor- 
tional part thereof, to be determined by the selectmen of the 
town, in the manner provided by sections six, ten, eleven, 
twelve and thirteen of chapter forty-eight of the General 
Statutes, relating to common sewers and main drains. 

Section 2. Nothins; in this act contained shall affect any covenants or 

1 (i^rBGniGiiLS not) 

covenants or agreements by or between the owners or lessees aSected. 
of the lands mentioned in section one. 

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

Approved April 3, 1871. 

An Act to incorporate the spencer savings bank. Chap. 164 

Be it enacted, §"c., asfolloivs : 

Section 1. Isaac Prouty, Henry U. Green, Erastus Jones, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Spencer Savings Bank, to be estab- ^^^^^'''^^'''■ 
lished in the town of Spencer ; with all the powers and priv- Powers and 
ileges, and subject to all tlie duties, restrictions and liabilities 
set forth in all general laws which now are or may hereafter 
be in force applicable to institutions for savings. 

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

Approved April 5, 1871. 
An Act to revivk the charter of the newburyport and ames- Qfiap. 165 

BURY horse railroad COMPANY. * 

Be it enacted, ^'c, as follows : 

Section 1. Chapter fifty-three of the acts of the year ^^^'e^^tenS*^ 
eighteen hundred and sixty-four, being an act to incorporate 
the Newburyport and Amesbury Horse Railroad Company, 
is hereby revived, and the time limited in said act for its ac- 
ceptance and the construction of said railroad by the corpo- 
ration, is hereby extended for two years from the passage 
hereof. 

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

Approved April 5, 1871. 

An Act in relation to the Worcester south-east agricultural Qh^/n Jgg 

society. ^' 

Be it enacted, §t., asfolloivs: 

Section 1. The Worcester South-East Agricultural So- Annual exhiw- 
ciety is hereby authorized to hold its annual exhibition in 
either of the towns of Milford, Upton, Mendon and West- 



534 



1871.— Chapter 161. 



Chap. 167 



Slaughter- 
houses, &c.,not 
to be erected in 
towns of more 
than four thou- 
sand inhabit- 
ants without 
permission. 



Penalty, 



Proviso. 



State board of 
health may or- 
der persons car- 
rying on olfeu- 
sive trades to 
desist. 



Penalty. 



borough, Holliston or Hopkinton, as may from time to time 
be designated by the officers of said society. 

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

Approved April 5, 1871. 

An Act concerning slaughteu houses and noxious and offen- 
sive TRADES. 

Be it enacfed, Sj-c, as follows : 

Section 1. Whoever in any city or town containing more 
than four thousand inhabitants, erects, occupies or uses any 
building for carrying on therein the business of slaughtering 
cattle, sheep or other animals, or for melting or rendering 
establishments, or for other noxious or offensive trades and 
occupations, or permits or allows said trades or occupations 
to be carried on upon premises owned or occupied by him or 
them, without first obtaining the written consent and per- 
mission of the mayor and aldermen, or selectmen of such 
city or town, shall forfeit a sum not exceeding two hundred 
dollars for every month he or they so occupy or use such 
building or premises, and in like proportion for a longer or 
shorter time : provided, that the terms of this section shall 
not apply to any building or premises now occupied or used 
for the trades or occupations before described ; but no per- 
son or persons or corporation now occupying or using any 
building or premises for the trades or occupations aforesaid, 
shall enlarge or extend the same without first obtaining the 
written consent and permission of the mayor and aldermen 
or selectmen of the city or town in which such building or 
premises are situated in the manner provided in this section. 

Section 2. Whenever in any city or town, containing 
more than four thousand inhabitants any building or prem- 
ises are occupied or used by any person or persons or corpo- 
ration for carrying on the business of slaughtering cattle, 
sheep or other animals, or for melting or rendering establish- 
ments, or for other noxious or offensive trades, the state 
board of health may, if in their judgment the public health 
or the public comfort and convenience shall require, order 
any person or persons or corporation carrying on said trades 
or occupations, to desist and cease from further carrying on 
said trades or occupations in such building or premises, and 
any person or persons or corporation continuing to occupy 
or use such building or premises for carrying on said trades 
or occupations after being ordered to desist and cease there- 
from by said board, shall forfeit a sum not exceeding two 
hundred dollars for every month he or they continue to oc- 
cupy and use such building or premises for carrying on said 
trades or occupations after being ordered to desist and cease 



1871.— Chapters 168, 169. 535 

therefrom by said board as aforesaid, and in like proportion 
for a longer or shorter time : provided, that on any applica- proviso, 
tion to said board to exercise the powers in this section con- 
ferred upon them, a time and place for hearing the parties 
shall be assigned by said board and due notice thereof given 
to the party against whom the application is made, and the 
order herein before provided shall only be issued after such 
notice and hearing. 

Section 3. The supreme judicial court, or any one of the s. j. c. may is- 
justices thereof, in term time or vacation, shall have power ?o pr"ient erec- 
to issue an injunction to prevent the erection, occupancy, {o''be°ocMpied^ 
use, enlargement or extension of any building or premises for offensive 

.1 1 n 1 1 • c -J trades. 

occupied 0? used for the trades or occupations aioresaid, 
without the written consent and permission provided in sec- 
tion one of this act being first obtained ; and also in like 
manner to enforce the orders of the state board of health 
issued under section two of this act. Approved April 8, 1871. 

An Act to change the time of holding the term of the su- 
preme JUDICIAL court for THE COUNTY OF SUFFOLK, NOW RE- 
QUIRED BY LAW TO BE HELD IN OCTOBER. 

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

Section 1. The jury term of the supreme judicial court JJr"jurnermof 
for the county of Suffolk, now required by law to be held in s. jc.forsuf- 
October, shall hereafter be held on the second Tuesday of 
September in each year. 

Section 2. All writs and processes of whatever nature, aii writs and 

... .., ^ 11. J- • -J processes re- 

civil or criminal, returnable to or now pending in said su- tumabie or 
preme judicial court, shall be returned to and have day in rltu*i-neVt°o!^^ 
said court at the time for holding the same established by o^'^the^Iecond 
this act, and all parties and persons who before passing this Tuesday of sep- 
act, may have been required to appear and attend at the 
October term aforesaid, shall appear and attend and have 
like day in court at the term established by this act, pursuant 
to its true intent and meaning. 

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

Approved April 8, 1871. 



Chap. 168 



THE ACTS OF THE YEAR EIGHTEEN HUNDRED AND SIXTY-NINE, AU- 
THORIZING THE MAINTENANCE OF A FLOATING BOAT-HOUSE ON 



Chap. 169 



An Act to repeal chapter three hundred and fifty-three of 
the acts of th 
thorizing the 
charles river. 
Be it enacted, §t., as follows : 

Section 1. Chapter three hundred and fifty-three of the Repeal of iseo, 
acts of the year eighteen hundred and sixty-nine is hereby ^^'^^■ 
repealed, and the license thereby granted revoked. 
Section 2. This act shall take effect upon its passage. 

Approved April 8, 1871. 



536 



1871.— Chapters 170, 171, 172. 



Chap. 110 



May hold addi- 
tional real 
estate. 



Conveyances 
legalized. 



Proviso. 



Chap. Ill 



Charter revived 
and continued. 



Name changed 
to Boston, Lynn 
and Pcabody 
Railway Com- 
pany, 



Time for locat- 
ing, &c., ex- 
tended. 



An Act to authorize the Cambridge land and building asso- 
ciation TO PURCHASE ADDITIONAL REAL ESTATE, AND LEGALIZE 
CERTAIN CONVEYANCES THEREOF. 

Be it enacted, ^'c, as foUoivs : 

Section 1. The Cambridge Land and Building Associa- 
tion is hereby authorized to purchase, hold, sell, lease and 
improve real estate in the city of Cambridge and ia the town 
of Somerville, in addition to that described in its act of in- 
corporation ; and all conveyances heretofore made to said 
association, are hereby legalized and made valid to the same 
extent that they would have been had said association been 
authorized to hold the real estate conveyed thereby, under 
its act of incorporation : provided^ that the lands held by said 
corporation shall not exceed the sum of fifty tliousaud dol- 
lars in value. 

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

Approved April 8, 1871. 

An Act to revive the charter and change the name of the 

boston and lynn union railway company. 
Be it enacted, ^'c, as follows : 

Section 1, Chapter three hundred and ninety-seven of 
the acts of the year eighteen hundred and sixty-nine, being 
an act to incorporate the Boston and Lynn Union Railway 
Company, is hereby revived and continued in force, with the 
rights acquired under the same. 

Section 2. The name of said company is hereby changed 
to the Boston, Lynn and Peabody Railway Company, and 
said company may construct, maintain and use its railway 
upon and over such additional streets and highways in the 
town of Peabody as the selectmen thereof may from time to 
time designate ; and the time for locating, building and put- 
ting in operation some portion of its road, is extended for 
the term of two years from the first of October, eighteen 
hundred seventy-one. 

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

Approved April 8, 1871. 



Chap.\12 An Act 



Partial repeal 
of 1851, 10, §2. 



TO AMEND THE ACT INCORPORATING THE NORTH AMERICAN 
FIRE INSURANCE COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. So* much of section two of chapter ten of the 
acts of the year eighteen hundred and fifty-one, incorporat- 
ing the North American Fire Insurance Company, as re- 
quires all real estate taken for debt or held as security by 
said corporation, to be disposed of within the period of five 
years, is hereby repealed. 

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

Approved April 8, 1871. 



1871.— Chapters 173, 174. 537 

An Act to establish the police court of holyoke. Chap, 173 

Be it enacted, §"c., as follows: 

Section 1. A police court is hereby established in the poiice court es- 
town of Holyoke, under the name of the Police Court of iiolyoke^ "^ 
Holyoke ; and said town shall constitute a judicial district 
under the jurisdiction of said court. Said court shall have 
the same jurisdiction, power and authority, shall perform jurisdiction, 
the same duties, and be subject to the same regulations as 
are provided in respect to existing police courts, except the 
police court of Worcester and the municipal court of Bos- 
ton, by the one hundred and sixteenth chapter 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 civil and 
criminal proceedings, the taxation of costs, the payment of 
fines, the expenses of court, the accounting and settling with 
the county and town treasurers for the money paid into 
court as forfeitures or otherwise ; and the required returns 
applicable to the several police courts in the Commonwealth, 
except those before mentioned, shall apply to the police 
court of Holyoke, hereby established. 

Section 2. The said court shall consist of one standing standing jus- 
justice and two special justices, to be appointed, commis- specfuijusTi^es. 
sioned and qualified pursuant to the constitution and laws 
of the Commonwealth. 

Section 3. The standing justice of said court shall re- salaries of jus- 
ceivo an annual salary of sixteen hundred dollars, to be paid 
from the treasury of the Commonwealth. The compensa- 
tion of the special justices for duties performed by them, 
shall be such as is provided by law in similar cases. 

Section 4. All proceedings duly commenced before any proceedings 
trial justice or justice of the peace for the county of Hamp- for'l^"lrra?ju«-^' 
den, within said district, before this act shall take effect, t'^es^c. to be 
shall be prosecuted and determined as if this act had not 
been passed. 

Section 5. This act shall take effect, so far as the ap- when to take 
pointing, commissioning and qualifying the standing justice ^^^'^^' 
and special justices of said court are concerned, upon its 
passage, and it shall take full effect in thirty days from its 
passage. Approved April 8, 1871. 

An Act to incorporate the Middlesex central railroad com- Qhart 174 

PANY. ^' 

Be it enacted, §"c., as follows : 

Section 1. George S. Boutwell, Henry M. Clark, Chris- corporators, 
topher W. Bellows, John Goldsmith and Simon Brown, their 



538 



1871.— Chapter 174. 



Middlesex Cen- 
tral Railroad 
Company. 



May construct 
railroad from 
the Lexington 
and Arlington 
Branch, in Lex- 
ington, to the 
State line of 
New Hamp- 
shire. 



May unite with 
any railroad in 
New Hamp- 
shire. 



Capital stock 
and sliares. 



May enter 
upon, unite 
with or lease to 
Boston and 
Lowell Kail- 
road. 



associates and successors, are hereby made a corporation by 
the name of the Middlesex Central Railroad Company ; 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 applicable to railroad 
corporations. 

Section 2. Said corporation is hereby authorized to lo- 
cate, construct, maintain and operate a railroad with one or 
more tracks, from some convenient point on the Lexington 
and Arlington Branch Railroad, in the town of Lexington, 
thence running by some convenient route through the towns 
of Lexington, Bedford, the line at Bedford being within one 
mile of the main road at the centre of the town. Concord, 
Carlisle, Acton, Littleton, Westford, Groton and Pepperell, 
or any of them, to the state line of New Hampshire at the 
town of Brookline, and said Middlesex Central Railroad 
Company is hereby authorized to unite with any railroad 
company which may be incorporated in the state of New 
Hampshire, with authority to build a railroad in extension 
of the railroad hereby authorized. And when the two com- 
panies shall have so united, the stockholders of the one com- 
pany shall become the stockholders of the other company, 
and the two companies shall constitute one corporation, by 
the name of the Middlesex Central Railroad Company ; and 
the franchise, property, powers and privileges acquired under 
the authority of the state of New Hampshire and this Com- 
monwealth, respectively, shall be held and enjoyed by all 
the stockholders, in proportion to the number of shares or 
amount of property held by them, respectively, in either or 
both of said corporations, and in case of such union, one or 
more of the directors of said united corporations, shall at all 
times be an inhabitant of this Commonwealth. 

Section 3. The capital stock of said Middlesex Central 
Railroad Company shall not exceed ten hundred thousand 
dollars, and shall be divided into shares of one hundred dol- 
lars each, the number of which shall be determined, from 
time to time, by the directors thereof. 

Section 4. Said Middlesex Central Railroad Company is 
hereby authorized to enter widi its railroad upon, unite the 
same with and use the railroad of the Boston and Lowell 
Railroad Corporation, subject to the provisions of the general 
laws ; and is further authorized to lease its road franchise, 
or any part thereof, to the Boston and Lowell Railroad Cor- 
poration, 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 



1871.— Chapter 175. 539 

at meetings of each corporation called for that purpose, 
unite and make joint stock upon such terms and conditions 
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 ; 
and said 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 
wliich at the time of union either is subject in severalty. 

Section 5. This act shall take effect upon its passage, ^.^^j^f^^^jl'**// 
and shall be void unless said railroad shall be located within years and buiit 
three years, and constructed within four years from the years" 
passage hereof. Approved April 10, 1871. 

An Act to incorporate the nashua, acton and boston rail- Q^av. 175 

ROAD company. -^ 

Be it enacted, ^'c, as folloivs : 

Section 1. Edward H. Spaulding, Henry Parkinson, CorDorators. 
James T. Burnap, Charles Tarbell, Charles G. Sargeant, 
Jacob Smith, Daniel Wetherbee, John Fletcher, junior, their 
associates and successors, are hereby made a corporation by 
the name of the Nashua, Acton and Boston Railroad Com- 
pany ; with all the powers and privileges, and subject to all dutllJ.* *" 
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 may locate, construct, main- M.y construct 

1^ . . , •' ' , railroad from 

tain and operate a railroad with one or more tracks, com- state iine in 
mencing at some convenient point on the line of the state in Framingham 
the town of Dunstable, thence running by some convenient road^aYcJon. 
route through the towns of Tyngsborough, Groton, West- 
ford, Littleton and Acton, or any of them, to some point on 
the Framingham and Lowell Railroad, north of Wetlierbee's 
Mills, in Acton ; and may enter with its road upon, unite 
with, and use the road and branches of the Framingham and 
Lowell Railroad Company, subject to the provisions of the 
general laws. 

Section 3. The capital stock of said corporation shall not capital stock 
exceed six 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 4. This act shall take effect upon its passage, ^^^J'^.g^rfl^^" 
and shall be void unless said railroad shall be located within constructed in 

four years. 
15 



540 



1871.— Chapter 176. 



two years, and constructed within four years from the pas- 
sage hereof. Approved April 10, 1871. 



Chap. 176 



Corporators. 



Powers and 
duties. 



May construct 
railroad from 
Nashua and 
Lowell road in 
Tyngsboro', to 
New Hamp- 
shire line at 
Brookliue. 



May enter up- 
on, unite with, 
or lease to 
Nashua and 
Lowell Eail- 
road. 



Capital stock 
and shares. 



May unite with 
any railroad 
incorporated in 
New Hamp- 
shire. 



An Act to incorporate the tyngsborough and brookline rail- 
road COMPANY. 
Be it enacted, §'c., as follows : 

Section 1. Alpheus Swallow, Thomas F. Tarbell, John 
A. Goodwin, their associates and successors, are hereby 
made a corporation by the name of the Tyngsborough and 
Brookline Railroad Company ; with all the powers and priv- 
ileges, and subject to all the duties, restrictions and liabilities 
set forth in all general laws which now are or hereafter may 
be in force applicable to railroad corporations. 

Section 2. Said corporation is hereby authorized to lo- 
cate, construct, maintain and operate a railroad, with one or 
more tracks, from some convenient point on the railroad of 
the Nashua and Lowell Railroad Corporation, near its depot 
in Tyngsborough ; thence running by some convenient route 
through the towns of Tyngsborough, Dunstable and Pepper- 
ell, to the line of the state of New Hampshire, at the town of 
Brookline therein. 

Section 3. Said company is hereby authorized to enter 
with its railroad upon, unite the same with, and use the rail- 
road of said Nashua and Lowell Railroad Corporation ; and 
said Nashua and Lowell Railroad Corporation may enter 
with its railroad upon, unite the same with, and use the rail- 
road of the said Tyngsborough and Brookline Railroad Com- 
pany, subject to the provisions of the general laws ; and said 
last-named company may lease or sell its road, franchise and 
other property, to said Nashua and Lowell Railroad Corpo- 
ration, and said Nashua and Lowell Railroad Corporation is 
hereby authorized to hire or purchase the same. 

Section 4. The capital stock of said corporation shall not 
exceed 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. Said company is hereby authorized to unite 
with any railroad company which may be incorporated in 
the state of New Hampshire, with authority to build a rail- 
road from or near the centre of said Brookline to the state 
line, at the terminus of the railroad hereby authorized to be 
constructed. And when the two companies shall have so 
united, the stockholders of the one company shall become 
the stockholders of the other company, and the two compa- 
nies shall constitute one corporation, by the name of the 
Tyngsborough and Brookline Railroad Company ; and the 



1871.— Chapter 177. 541 

francliise, property, powers and privileges acquired under 
the authority of tlie state of New Hampshire and this Com- 
monwealth, respectively, shall be held and enjoyed by all the 
stockholders, in proportion to the number of shares or 
amount of property held by them, respectively, in either or 
both of said corporations. 

Section 6. One or more of the directors, or other officers one or more di- 
of said united corporations, shall at all times be an inhabi- officers to be*bi' 
tant of this Commonwealth, on whom process against said 54^83^"^*°^ 
company may be legally served ; and said company shall be 
held to answer in the jurisdiction where the service is made 
and the process is returnable. 

Section 7. Said company, and the stockholders therein, Duties, restric- 
so far as their railroad is situated in Massachusetts, shall be me"*^" 
subject to all the duties, restrictions. and liabilities mentioned 
in the first section of this act, to the same extent as they 
would have been if the union of said companies had not 
taken place. 

Section 8. This act shall take effect upon its passage, to be located 
and shall be void unless said railroad shall be located within years and con- 
two yenrs, and constructed within four years from the pas- louTyllrZ^*^" 
sage hereof. Approved April 10, 1871. 

An Act to make the Northampton bridge free. Chcip. 177 

Beit enacted, Sfc, as follows: 

Section 1. The bridge over the Connecticut River, ^^jfHefjcut 
between the towns of Northampton and Hadley, including iiiver between 
the piers and abutments thereof, is hereby laid out and shall ai?d uadiey°° 
become a public highway, upon the acceptance of the award '^jdoutashigh- 
of the commissioners hereinafter named, by the supreme 
judicial court and entry of judgment thereon. 

Section 2. The supreme judicial court sitting in any commissioners 
county, or any justice thereof, after such notice as they may by s! j'^a'upon 
order, upon the application of the selectmen of either of the NOTthampton^ 
towns of Northampton or Hadley, shall appoint a board of °^ Hadiey. 
three commissioners ; and said commissioners having first 
been daly sworn to the faithful and impartial discharge of 
their duties, shall, after due notice to all the parties interest- ^magrs^'o be 
ed, and a hearing thereon, determine and award the amount paid proprie- 
to be paid the proprietors of the Northampton Bridge as 
damages for the laying out of said bridge, piers and abut- 
ments, and way, as a public highway ; and for the land, toll- 
house and all appurtenances thereof, lying west of said 
bridge, belonging to said proprietors. Said commissioners 
shall also determine and decree what towns in the county of 
Hampshire are or will be specially benefited by the provis- 



542 1871.— Chapter 177. 

ions of the first section of this act, and shall determine and 
-todecree dccrce what proportions of the damages aforesaid sliall be 

what propor- ■ ■• , i • i t i i /> tt i • 

tion sliall be paid by tlie said towns, and by the county oi Hampshire, 

paid towns and ^ . • i 'J J r 7 

county. respectively. 

Fy whom*bHdge ^^'^ commissioncrs shall also determine in what propor- 
»han be sup- tions and manner the said county of Hampshire and the 
towns 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 Hampshire, and also to said proprietors and to 
each of said towns, and to the county commissioners of 
Hampshire county. And the same shall be binding upon 
all the parties interested therein, except that the said pro- 
prietors, or the county commissioners of said county of 
Hampshire in behalf of said county or of any or all of said 
Right of appeal, towus affcctcd by said decree, may appeal to a jury from the 
award of the commissioners. And any party so appealing 
who shall not obtain by verdict of said jury an award more 
favorable than by said decree, shall forfeit and pay all costs 
of hearing and trying such appeal. If neither party shall 
so appeal to a jury within sixty days after receiving the 
award and decree of said commissioners as aforesaid, then 
the same shall be absolutely binding upon all the parties 
interested therein. When the same shall have been accept- 
ed and judgment entered thereon by the supreme judicial 
Fees and ex- court, the just fccs and expenses of said commissioners 
Soslfoners. shall bc paid by such of the parties interested as the said 

commissioners shall decree. 

fas^'e'^^ofappeai SECTION 3. If the Said proprietors shall appeal to a jury 

toajury. from the award of the said commissioners as aforesaid, the 

same proceedings shall be had, and the same liabilities in 

regard to costs incurred, as is provided by law in the case 

of laying out highways by the county commissioners. The 

application for such jury shall be made to and acted upon 

by the county commissioners of Hampshire county, and 

said jury may award to said proprietors a different sum as 

damages. The award of said jury shall be reported to the 

supreme judicial court, for the county of Hampshire, and 

when accepted, final judgment shall be entered upon the 

award of the commissioners aforesaid, as modified by the 

Damages and 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 pay- 



187L— Chapter 178. 543 

•ment of damages in section second, when the damages 
awarded by the jury shall exceed those awarded by the com- 
missioners. 

And if the said county commissioners shall appeal from 
the award of said commissioners it shall be to the supreme 
judicial court. 

Section 4. Upon the said bridge, piers, abutments and Northampton 

, . 1 • 1 p . 1 1 1 n ^'^ nave care of 

way becommg a highway as aioresaid, the selectmen of the bridge. 
town of Northampton shall have the care and superintend- 
ence of the same, and cause them to be kept in good re- 
pair, and safe and convenient for travel ; the cost of the re- 
pairs, 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- ^c'ts'lnbrid-'l^' 
ments and piers, shall exist on the part of the towns of 
Northampton and Hadley in such proportions as the county 
commissioners of the county of Hampshire 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 ed^f^ No^th^^'' 
appurtenances thereof, belonging to the aforesaid bridge amptou. 
company, lying west of said bridge, shall be vested in the 
town of Northampton, the income of which shall be used in 
repairs and superintendence of said bridge. 

Section 7. If no application, as provided in section two, if no appHca- 
shall be made to the supreme judicial court on or before the se°c"i™u*^t^w(f,*^^' 
second day of March, in the year eighteen hundred and tiWd'twLuy"' 
seventy-three, then the time for which tolls are established years. 
and granted to the said proprietors, by act approved March 
second, eighteen hundred and three, is hereby extended, 
subject to the provisions of said act, for the term of twenty 
years from said second day of March, eighteen hundred and 
seventy-three, and subject also to all the provisions of the 
preceding sections. 

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

Approved April 10, 1871. 

An Act TO AUTHORIZE THE CITY OF TAUNTON TO CHANGE THE COURSE pitf,^ MR 
OF LITTLE RIVER. ^UUJJ. X <0 

Be it enacted, ^'c, as foUoivs : 

Section 1. The city of Taunton is hereby authorized to May cuannre 
change the course of Little River, in said city, by filling up k° "er! "'^ ""'* 
the southerly branch thereof, where it now crosses Hill street 
and Weir street, and enlarging the northerly branch thereof, 
where it crosses Weir street ; and to discontinue and remove 
the present bridges over said southerly branch. 



544 1871.— Chapter 179. 

brcomfucfedis SECTION 2. All the proceedings in relation to such altera- 
in laying out tion shall be conducted in like manner as in laying out, al- 
highways. tcring or discontinuing highways in said city ; and any per- 
son or corporation injured by such alteration shall have the 
like remedies for recovering damages sustained thereby, as 
in cases of laying out or altering highways, so far as the 
same are applicable thereto. 

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

Approved April 10, 1871. 

Chat) 179 -^^ "^^^ ^^ INCORPORATE THE 8AWIN ACADEMY IN 8HERB0RN. 

Be it enacted, Sfc, as follows : 

Academy ineor- SECTION 1. A corporatiou is hcrebv created by the name 

born, to hold of Sawin Acadcmy, to take, hold and manage the estate, 

quJ^afhed by TPal and personal, devised and bequeathed to the town of 

Martha Sawin. gherborn, by Martha Sawin, late of Natick, deceased, and to 

execute the trusts upon which said estate was given to said 

town, according to the terms of the will of said deceased, 

• with the powers and privileges, and subject to the duties, 

restrictions and liabilities set forth in all general laws which 

now are or hereafter may be in force applicable to such 

corporations. 

Corporation to SECTION 2. The Corporation shall consist of five trustees, 

consist 01 iivG 

trustees elected elcctcd by Said towu from among the inhabitants thereof, at 
by the town. -^^ annual meetings by ballot. Those heretofore elected 
shall hold office as follows : Jonathan Holbrook, five years ; 
Abijah R. Leland, four years ; Amos Bullard, three years ; 
Edmund Dowse, two years ; and Amos Bigelow, one year, 
from the annual March meeting, in the year eighteen hun- 
dred and seventy-one. At the expiration of the term for 
which any trustee is elected, his successor shall be chosen 
Term of office, for fivc ycars. Any vacancy by death, resignation, removal 
vacancy, &c. fj.QQ^ towu, or Otherwise, may at any town meeting called 
for that purpose, be filled by election for the remainder of 
the term. 
To manage SECTION 3. Said corporatiou shall also take, hold and 

ThwnasDowse, manage the fund or property given to said town by Thomas 
Dowse, late of Cambridge, deceased, and shall execute the 
trusts upon which said property or fund was given to said 
town according to the terms of the instrument signed by 
George Livermore and Eben Dale, executors of the will of 
said Dowse, and recorded in the records of said town. 
To keep funds SECTION 4. All the cstatc, fuuds and property, both real 
^usts\eparare° and pcrsonal, so given to said town by said Sawin and Dowse, 
^y- shall immediately vest in said corporation upon the passage 

of this act. The corporation shall keep the fuuds and prop- 



1871.— Chapters 180, 181. 545 

erty of said two trusts separate from each other, and shall 
appropriate the income thereof for the purposes for which 
said trusts respectively were created ; may bargain, sell, 
transfer and convey any of the trust estate, real or personal, 
of either trust, and reinvest the proceeds thereof in other 
investments from time to time as deemed best for the inter- 
est of the trusts. And the corporation may appropriate May use $15,- 
from the principal of the Sawin trust estate a sum not ex- trust for'^I^pub- 
ceeding fifteen thousand dollars in the purchase of a lot of jJouse.""' 
land and the erection of a building thereon, for a public 
school, as provided in said will. 

Section 5. The trustees shall annually render to the J^j^^f^e^o^"^ 
town of Sherborn, accounts of the condition of said trust annually an ac- 
estates and funds, and the receipts and expenditures thereof, ce[p"s an/ex- 
which shall be printed, and a printed report also of the con- penditures. 
dition of said school or academy, specifying the number of 
scholars and their deportment and proficiency, with such 
other information in relation thereto as they may deem use- 
ful to the town. 

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

Approved April 12, 1871. 
An Act to amend the charter of 'the city of new Bedford in nhf^yi 1 80 

RELATION TO HIGHWAY SURVEYORS. ' ' 

Be it enacted, Sfc, as follows : 

Section 1. The mayor and aldermen of the city of New Mayor and ai- 
Bedford shall perform all the duties.^nd be subject to all the su?^yors°of* 
liabilities of highway surveyors. highways. 

Section 2. All acts of the mayor and aldermen of said Acts confirmed, 
city which might lawfully be done by such surveyors, are 
hereby confirmed. 

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

Approved April 12, 1871. 



Chap. 181 



An Act to revive the charter of the Charles river naviga- 
tion COMPANY. 
Be it enacted, Sfc, as follows: • 

Section 1. The time for organizing the Charles River charter revived 
Navigation Company, incorporated by chapter fifty-seven of ^^^ extended. 
the acts of the year eighteen hundred and fifty-seven, is 
hereby extended to the first day of January, in the year 
eighteen hundred and seventy-four, and said corporation is 
hereby revived, and upon organization before said date, 
shall possess all the powers and be entitled to all the privi- 
leges secured by said original charter: provided, that all Proviso, 
things done under this act shall be subject to the determina- 
tion of the harbor commissioners, and subject also to the 



546 1871.— Chapter 182. 

provisions of section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six, 
and chapter four hundred and thirty-two of the acts of the 
year eigliteen hundred and sixty -nine. 

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

Approved April 12, 1871. 



Chap. 182 



An Act to establish the city of someuville. 

Be it enacted, ^'c, as follows : 



CHy establish- SECTION 1. The inhabitants of the town of Somerville 
shall continue to be a body politic and corporate, under the 
name of the City of Somerville, and as such shall have, exer- 
cise and enjoy all the rights, immunities, powers and privi- 
leges, and shall be subject to all the duties and obligations 
now incumbent upon and pertaining to the said town as a 
municipal corporation. 
Government ^^ SECTION 2. The administration of all the fiscal, pruden- 
and city coun- tial and municipal affairs of the said city, with the govern- 
*''^' ment thereof, shall be vested in one officer, to be called the 

mayor, one council of eight, to be called the board of alder- 
men, and one council of sixteen, to be called the common 
council ; which boards, in their joint capacity, shall be de- 
nominated the city council ; and the members thereof shall 
be sworn to the faithful performance of their respective 
Quorum. dutics. A majority of each board shall constitute a quorum 

for the transaction of business, and no membe,r of either 
board shall receive any compensation for his services. 
dfvfdeTown in- SECTION 3. It shall be the duty of the selectmen of said 
to fout wards, towu, as soou as may be after the passage of this act and its 
acceptance as herein provided, to divide said town into four 
wards, so that they shall contain, as nearly as may be con- 
sistent with well defined limits to each ward, an equal num- 
ber of voters in each ward, which division may be revised by 
the city council within two years from the passage hereof. 
wardbounda- The citv couucil may, in the year eighteen hundred and 
changed once scventy-fivc, and i« every tenth year thereafter, make a new 
in ten years, division of said wards, SO that they shall contain, as nearly 
as may be consistent with well defined limits to each ward, 
an equal number of voters in each ward, according to the 
census to be taken in the month of May in said years. 
and*'*ward*^ofli-^ SECTION 4. The elcctiou of city and ward officers shall take 
cers. place on the first Monday of December, annually, and the 

municipal year shall begin on the first Monday of January 
following, 
be^chos^n'^an" SECTION 5. On the first Monday of December annually 
nuauy. there shall be elected by ballot, in each of said wards, a 



1871.— Chapter 182. 547 

warden, clerk and three inspectors of elections, who shall be 
different persons, residents in the ward, who shall hold their 
offices one year and until others shall be elected and qualified 
in their stead. Said wardens shall preside at all ward meet- 
ings, with the power of moderators of town meetings ; and i'°^«"- 
if at any meeting the warden is not present, the clerk shall 
preside until a warden pro tempore is elected by ballot ; if 
both the warden and clerk are absent, the senior in age 
of the inspectors present shall preside until a warden pro 
tempore is thus elected ; and if all said officers are absent, 
any legal voter in said ward may preside until a warden pro 
tempore is elected. Wiien any ward officer is absent or neg- 
lects to perform his duty, his office shall be filled pro tem- 
pore. Tlie clerk shall record all the proceedings and certify 
the votes, and deliver to his successor in office all the records, 
journals, documents and papers held by him in his said capac- 
ity. Tiie inspectors shall assist the warden in receiving, assort- inspectors. 
ing and countine; the votes. All said officers shall be sworn to officers to be 
a faithful discharge of their duties, said oath to be adminis- 
tered by the clerk to the warden, and by the warden to the 
clerk, and to the inspectors, or to either of said officers by 
any justice of the peace for the county of Middlesex. Cer- 
tificates of such oatlis shall be made by the clerk upon the 
ward records. All warrants for meetings of the citizens for warrants for 

.., ,iiii'i' 1 • 1 meetings of 

municipal purposes,«to be held either in wards or in general citizens. 
meeting, shall be issued by the mayor and aldermen, and 
shall be in such form, and served and returned in such man- 
ner and at such times, as the city council shall direct. The 
compensation of the ward officers shall be fixed by concur- 
rent vote of the city council. 

Section 6. The mayor and aldermen are authorized, ^aybe'^hlid"^^ 
when no convenient ward room for holding ward meetings without the 
of the citizens of either of the wards of the city can be had 
within the territorial limits of such ward, to appoint and di- 
rect, ill the warrants for calling the ward meetings of such 
wards, the said meetings to be held in some convenient and 
proximate place within the limits of any other of the wards 
of said city ; and for such purposes the place so assigned for 
the meetings of such ward shall be deemed and taken to be 
included in and part of said ward, as though the same was 
within the territorial limits thereof. 

Section 7. Tiie mayor shall be elected by the qualified ftYarge'Kne 
voters of the city at large, voting in their respective wards, ye^T. 
and shall hold his office for the municipal year next follow- 
ing his election, and until another shall be elected and qual- 
ified in his place. 

16 



548 



1871.— Chapter 182. 



Eight aldermen 
elected at large 
for one year. 



Common coun- 
cil, two from 
each ward. 



Election to be 
held first Mon- 
day in Decem- 
ber. 



Certificates of 
election of com- 
mon council. 



Vacancy in of- 
fice of mayor. 



Section 8. Eight aldermen, two aldermen being selected 
from each ward, shall be elected by the qualified voters of 
the city at large, voting in their respective wards, who shall 
hold their offices for the municipal year next following their 
election, and until a majority of the new board shall be 
elected and qualified in their places. 

Section 9. Four common councilmen shall be elected by 
and from the voters of each ward, and shall at the time of 
their election be residents of the wards respectively in which 
they are elected ; they shall hold their offices for the munici- 
pal year next following their election, and until a majority 
of the new board shall be elected and qualified in their 
places. 

Section 10. On the first Monday of December annually, 
the qualified voters in the several wards shall give in their 
votes by ballot, for mayor, aldermen and common council- 
men, in accordance with the provisions of this act ; and all 
the votes so given shall be assorted, counted, declared and 
recorded in open ward meeting by causing the names of per- 
sons voted for, and the number given for each, to be written 
in the ward record at length. The clerk of the ward, within 
twenty-four hours thereafter, shall deliver to the persons 
elected members of the common council, certificates of their 
elections respectively, signed by the warden and clerk and a 
majority of the inspectors of elections, an*d shall deliver to the 
city clerk a copy of the record of such elections certified in 
like manner. The board of aldermen shall within ten days 
thereafter examine the copies of the records of the several 
wards, certified as aforesaid, and shall cause the person who 
shall have been elected mayor to be notified in writing of 
his election ; but if the person elected shall refuse to accept 
the office, the board shall issue warrants for a new election, 
and the same proceedings shall be had in all respects as are 
herein before provided for the election of mayor, and from 
time to time shall be repeated, until a mayor shall be elected 
and shall accept said office. In case of the decease, resigna- 
tion or absence of the mayor or of his inability to perform 
the duties of his office, or in case of a vacancy in the office of 
mayor from any cause, it shall be the duty of the board of 
aldermen and common council respectively, by vote, to de- 
clare that a vacancy exists, and the cause thereof ; and there- 
upon the city council shall, by concurrent vote elect a mayor 
to fill such vacancy ; and the mayor thus elected shall hold 
his office until the inability causing such vacancy shall be re- 
moved or until a new election. Each alderman shall be 
notified in writing of his election by the mayof and aldermen 



1871.— Chapter 182. 549 

for the time being, The oath prescribed by this act shall be 
administered to the mayor by the city clerk or by any justice 
of the peace for the county of Middlesex. The aldermen 
and common councilmen elect shall on the first Monday of 
January, at ten o'clock in the forenoon, meet in convention, Oath of office, 
when the oath required by this act shall be administered to 
the members of the two boards present, by the mayor, or by 
any justice of the peace for the county of Middlesex, and a 
certificate of such oath having been taken, shall be entered 
on the journal of the mayor and aldermen, and of the common 
council, by their respective clerks. After the oath has been 
administered as aforesaid, the two boards shall separate, and 
the common council shall be organized by the election of a President and 
president and clerk, to hold their offices respectively during moncouneu." 
the pleasure of the common council, the clerk to be under 
oath faithfully to perform the duties of his said office ; and 
his compensation shall be fixed by concurrent vote of the 
city council. In case of the absence of the mayor elect on 
the first Monday of January, or if a mayor shall not then 
have been elected, the city council shall organize itself in the 
manner herein before provided, and may proceed to business 
in the same manner as if the mayor was present ; and the 
oath of office may at any time thereafter, in convention of 
the two boards, be administered to the mayor, and any mem- 
ber of the city council who may have been absent at the or- 
ganization. In the absence of the mayor, the board of alder- 
men may elect a presiding officer pro tempore, who shall ^/rf|f|,e^eiea- 
also preside at the joint meetings of the two boards. Each ed if mayor is 
board shall keep a record of its own proceedings, and judge itecords. 
of the elections of its own members ; and in case of vacancy 
in either board, the mayor and aldermen shall issue their 
warrants for a new election. 

Section 11. The mayor shall be the chief executive offi- ^hi^f executive 
cer of the city. It shall be his duty to be active and vigilant officer of the 
in caudiig the laws and regulations of the city to be enforced "'^' 
and to keep a general supervision over the conduct of all 
subordinate officers ; and he may, whenever in his opinion 
the public good may require, remove, with the consent of 
the appointing power, any officer over whose appointment ^^^^ ^Toilt-^'* 
he has, in accordance with the provisions of this charter, ex- ees. 
ercised the power of nomination. He may call special meet- ^gfj-'n^g^P/cify 
ings of the iDoards of aldermen and common council or either council, 
of them, when in his opinion the interests of the city require 
it, by causing notices to be left at the usual place of residence 
of each member of the board or boards to be convened. He 
shall from time to time communicate to both boards such in- 



550 



1871.— Chapter 182. 



To preside in 
board of alder- 
men and in 
.convention. 
Salary. 



Executive pow- 
er vested in 
mayor and al- 
dermen. 



Constables and 
police officers. 



May be requir- 
ed to give 
bonds. 



Custody and 
management of 
city property. 



Report of re- 
ceipts and ex- 
penditures. 
Appointments 
by mayor and 
aldermen. 



formation and recommend such measures as the business and 
interests of the city may in his opinion rfequii-e. He shall 
preside in the board of aldermen and in convention of the 
two boards, but shall have a casting vote only. His salary 
for the first five years, under this charter, shall be fixed by 
the city council, but shall not exceed the sum of one thou- 
sand dollars per annum. Afterwards it shall be fixed by 
concurrent vote of the city council. It shall be payable at 
stated periods, but shall not, at any time, be inci'eased or 
diminished during the year for which he is elected. He shall 
receive no other compensation. 

Section 12. The executive power of said city generally, 
with all the powers heretofore vested in the selectmen of 
towns by the laws of the Commonwealth, shall be vested in 
and may be exercised by the mayor and aldermen as fully as 
if the same were herein specially enumerated. The mayor 
and aldermen shall have full and exclusive power to appoint 
a constable or constables, a chief of police with all the powers 
and duties of a constable, and all other police, and all sub- 
ordinate officers whose election is not herein provided for, 
and the same to remove at pleasure ; and they may require 
any person who may be appointed a constable or chief of po- 
lice of the city to give bonds for the faithful discharge of the 
duties of the office, with such security and to such an amount 
as they may deem reasonable and proper ; upon wliich bonds 
the like proceedings and remedies may be had as are by law 
provided in case of constables' bonds taken by the selectmen 
of towns. The compensation of tbe police and other subor- 
dinate officers shall be fixed by concurrent vote of the city 
council. The city council shall have the care and superin- 
tendence of the city buildings and the custody and manage- 
ment of all city property, with power to let what may be 
legally let, and to sell or purcbase property, real or personal, 
in the name and for the use of the city, whenever its inter- 
ests or convenience may in their judgment require it ; and 
they shall as often as once a year cause to be published, for 
the use of the inhabitants, a particular account of the re- 
ceipts and expenditures, and a schedule of city property and 
of the city debt. 

Section 13. In all cases in which appointments are di- 
rected to be made by the mayor and aldermen, the mayor 
shall have the exclusive power of nomination, being subject, 
however, to confirmation or rejection by the board of alder- 
men ; and no person shall be eligible, by appointment, or 
election by the mayor and aldermen or city council, to any office 
of emolument, the salary of which is payable out of the city 



1871.— Chapter 182. 551 

treasury, who at the time, of such appointment or election 
shall be a member of the board of aldermen or of the com- 
mon council. All sittings of the mayor and aldermen, of the 
common council and of the city council, shall be public 
when they are not engaged in executive business. 

Section 14. The city council shall annually, as soon after Treasurer, city 
their organization as may be convenient, elect by joint ballot officera" °^ *^' 
in convention, a treasurer and collector of taxes, city clerk, 
one or more superintendents of streets, a city physician, a 
chief engineer of the fire department and as many assistant 
engineers, not exceeding eight, as they may deem sufficient, 
and by concurrent vote, a city solicitor and city auditor, who 
shall iiold their offices for the term of one year next ensuing, 
and until others shall be elected and qualified in their stead : 
provided, however, that either of the officers named in this Proviso, 
section may be removed at any time by the city council for 
sufficient cause. Vacancies occurring in the above named '^'^•'^^"es. 
offices may be filled at any time. The compensation of the compensation, 
officers mentioned in this section shall be fixed by concur- 
rent vote of the city council. 

Section 15. The city clerk shall also be clerk of the city cierk.dn- 
board of aldermen, and shall be sworn to the faithful per- ^^^^' ^'^' 
formance of his duties. He shall perform such duties as 
shall be prescribed by the board of aldermen, and he shall 
perform all the duties and exercise all the powers incumbent 
by law upon him. He shall deliver to his successor in office, 
as soon as he shall be elected and qualified, all the records, 
journals, documents and papers held by him in his said 
capacity. 

Section 16. The city council shall annually, as soon water commit- 
after their organization as may be convenient, elect by joint 
ballot in convention, a water committee of five persons who 
shall hold their offices for the term of one year next ensuing, 
and until others shall be elected and qualified in their stead. 
The persons so elected shall constitute the Somerville Mystic 
water board, and they shall have all the powers and rights 
conferred on the water committee of said town by section 
three of chapter two hundred and two of the acts of the year 
one thousand eight hundred and sixty-eight. Vacancies oc- 
curring in the board may be filled by joint ballot of the city 
council at any time. 

Section 17. The city council elected in December in the overseers of the 
year eighteen hundred and seventy-one, shall as soon after ^°"'" 
their organization as may be convenient, elect by joint ballot 
in convention, three persons to be overseers of the poor, one 
for three years, one for two years, and one for one year ; and 



552 



1871.— Chapter 182. 



Mayor to be 
chairman of 
board. 



Assessors of 
taxes . 



Vacancies. 



Assistant-as- 
sessors. 



thereafter the city council shall annually as soon after their 
organization as may be convenient", elect in the same man- 
ner one person who shall hold his office for the term of three 
years next ensuing, and until another shall be elected and 
qualified in his stead ; but no more than one of the three 
members so to be elected shall be eligible from any one ward 
of said city. The persons so elected shall, with the mayor 
and president of the common council, constitute the board 
of overseers of the poor. The mayor shall be ex officio chair- 
man of the board. Vacancies occurring in the Ijoard may 
be filled by joint ballot of the city council at any time ; the 
member so elected to hold office only for the unexpired term 
of the member who has ceased to hold office. The city 
council may at any time remove any elected member of the 
said board from office for cause. The compensation of the 
overseers of the poor shall be fixed by concurrent vote of 
the city council. 

Section 18. The city council elected in December, in the 
year eighteen hundred and seventy-one, shall, as soon after 
their organization as may be convenient, elect by concurrent 
vote three persons to be assessors of taxes, one for three 
years, one for two years and one for one year ; and there- 
after the city council shall annually, as soon after their or- 
ganization as may be convenient, elect in the same manner, 
one person who shall hold his office for the terra of three 
years next ensuing, and until another shall be elected and 
qualified in his stead. The persons so elected shall consti- 
tute the board of assessors, and shall exercise the powers, 
and be subject to the liabilities and duties of assessors in 
towns. Vacancies occurring in the board may be filled by 
concurrent vote of the city council at any time, the member 
ISO elected to hold office only for the unexpired term of the 
member who has ceased to hold office. AH taxes shall be 
assessed, apportioned and collected in the manner prescribed 
by the general laws of the Commonwealth : provided, how- 
ever, that the city council may establish further or additional 
provisions for the collection thereof. The compensation of 
the assessors shall be fixed by concurrent vote of the city 
council. 

Section 19. The city council shall annually, as soon after 
their organization as may be convenient, elect by concurrent 
vote, one person from each ward to be an assistant-assessor ; 
and it shall be the duty of the person so elected to furnish 
the assessors with all necessary information relative to per- 
sons and property taxable in their respective wards, and tliey 
shall be sworn to the faithful performance of their duty. 



1871.— Chapter 182. 553 

Vacancies occurring may be filled by concurrent vote of the 
city council at any time. The compensation of the assist- 
ant-assessors shall be fixed by concurrent vote of the city 
council. 

Section 20, The qualified voters of each ward shall, on school commit- 
the first Monday of December, in the year eighteen hundred bel-'s from ?a^ 
and seventy-one, elect by ballot three persons in each ward, ^^^'"'*" 
who shall be residents of said ward, to be members of the 
school committee, one for three years, one for two years and 
one for one year from the first Monday of January, in the 
year eighteen hundred and seventy-two ; and thereafter, on 
the first Monday of December annually, there shall be elected 
in the same manner, one person in each ward, who shall be 
a resident of said ward, who shall hold his office for the term 
of three years from the first Monday of January next ensu- 
ing. The persons so elected shall, with the mayor and pres- 
ident of the common council, constitute the board of school 
committee, and have the care and superintendence of the 
public schools. The mayor shall be ex officio chairman of J^*^°^*°^^ 
the board. Vacancies occurring in the board, may be filled board, 
by joint ballot of the city council and school committee at 
any time, the member so elected to hold office only for the 
remainder of the municipal year. All the rights and obliga- Rights and ob- 
tions of said town of Somerville in relation "to the grant and to*\vn°concern- 
appropriation of money to the support of schools, and the n"fney.°**^ 
special powers and authority heretofore conferred by law 
upon the inhabitants of said town, to raise money for the 
support of schools therein, shall be merged in the powers and 
obligations of the city, to be exercised in the same manner 
as over other subjects of taxation ; and all grants and appro- 
priations of money for the support of schools and the erec- 
tion and repair of school-houses in said city, shall be made 
by the city council, in the same manner as grants and appro- 
priations are made for other city purposes. 

Section 21. The city council shall take care that no council to see 
money be paid from the treasury unless granted or appro- prop^iTpaid 
priated, and shall secure a just and proper accountability, by from treasury. 
requiring bonds with sufficient penalties and sureties from 
all persons intrusted with the receipt, custody or disburse- 
ment of money. 

Section 22. The city council shall have exclusive author- Laying out, ai- 
ity and power to lay out any new street or town way, and to ceptlug^'aue^^s. 
estimate the damages any individual may sustain thereby ; 
but all questions relating to the subject of laying out, ac- 
cepting, altering or discontinuing any street or way, shall 
first be acted upon by the mayor and aldermen ; and any per- 



654 1871.— Chapter 182. 

son dissatisfied with the decision of the city council in the 
estimate of damages, may make complaint to the county 
commissioners of tlie county of Middlesex, at any meeting 
held within one year after such decision, whereupon the 
same proceedings shall be had as are now provided by the 
laws of this Commonwealth, in cases where persons are ag- 
grieved by the assessment of damages by selectmen, in the 
forty-third chapter of the General Statutes. 
Bu^ly^'o" lum*^ Section 23. The city council may make by-laws with 
ber, hay, coal, suitable penalties for the inspection, survey, measurement 
and sale of lumber, wood, hay, coal arid bark, brought into 
or exposed in said city for sale, and shall have the same 
powers as the town had in reference to the suspension of the 
laws for the protection and preservation of useful birds, and 
of all other laws, the operation or suspension of which is sub- 
ject to the action of the town thereon. The city council 
may also make all such salutary and needful by-laws as 
towns, by the laws of this Commonwealth have power to 
make and establish, and to annex penalties, not exceeding 
By-laws subject twenty dollars, for the breach thereof ; which by-laws shall 

to the approval iv^ ii-p p -\ r ^ • \ • 

ofthe mayor, take effect and be in lorce irom and alter the time tlierem 
respectively limited, without the sanction of any court, but 
Proviso. subject to the approval of the mayor : provided^ however, 

that all laws ana regulations in force in said town, shall, 
until they shall expire by their own limitation, or be revised 
or repealed by the city council, remain in force ; and all fines 
and forfeitures for the breach of any by-law or ordinance 
shall be paid into the city treasury. 
tiona\'°^tate°'^' SECTION 24. All clectious of national, state, county and 
countyand dis- distHct officers who are voted for by the people, shall be 
held at meetings of the citizens qualified to vote at such elec- 
tions in their respective wards, at the time fixed by law for 
these elections respectively. 
Mayor and ai- SECTION 25. Tcii davs prior to cverv election the mayor 
lists of voters and aldcrmcn shall make out lists of all the citizens of each 
deuvei't^o clerks Ward qualified to vote in such elections, in the manner in 
ofwards. wliich Selectmen of towns are required to make out lists of 

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



1871.— Chapter 182. 555 

Section 26. General meetino-s of the citizens qualified to General meet- 

-, ,. , ,. 1 1 ij i ii ii iiigs of citizens. 

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

Section 27. All power and authority now vested by law Board of 
in the board of health for said town, or in the selectmen 
thereof, shall be transferred to and vested in the city council, 
to be by them exercised in such manner as they may deem 
expedient. 

Section 28. All power and authority now vested in the ^g^t*^*'^^^*" 
selectmen of said town in relation to the fire department in 
said town shall be transferred to and vested in the mayor and 
aldermen ; but the city council shall have power to establish 
fire limits within the city, and from time to time change and 
enlarge the same ; and by ordinance they shall regulate the 
construction of all buildings erected within said fire limits, 
stipulating their location, size, and the materials of which 
they shall be constructed, together with such other rules and 
regulations as shall tend to insure the same from damage by 
fire. 

Section 29. The power and authority vested in said town water works. 
of Somerville by sections one and two of chapter two hun- 
dred and two of the acts of the year one thousand eight hun- 
dred and sixty-eight, and by chapter seventy-two of the acts 
of the year one thousand eight hundred and seventy, shall 
continue in force. 

Section 30. All acts and parts of acts inconsistent with acts°repe*ai"*d. 
this act, are hereby repealed : provided, however, that the 
repeal of the said acts shall not affect any act done, or any 
right accruing or accrued or established, or any suit or pro- 
ceeding had or commenced in any civil case before the time 
when such repeal shall take effect, and that no offence com- 
mitted and no penalty or forfeiture incurred under any act 
hereby repealed and before the time when such repeal shall 
take effect, shall be affected by the repeal, and that no suit 
or prosecution pending at the time of the said repeal, for 
any offence committed or for the recovery of any penalty or 
forfeiture incurred under said acts, shall be affected by such 
repeal ; and provided, also, that all persons who at the time 
of the said repeal taking effect shall hold any office under 
the said acts, shall continue to hold the same until the or- 

17 



556 



1871.— Chapter 183. 



Selectmen to is- 
sue warrants 
for election of 
city officers. 



ganization of the city government contemplated by this char- 
ter shall be completely effected. 

Section 31. For the purpose of organizing the system of 
government hereby established, and putting the same in 
operation in the first instance, the selectnaen of the town of 
Somerville, for the time being, shall issue their warrants 
seven days at least previous to the first Monday of Decem- 
ber of the present year, calling meetings of the citizens of 
each ward on that day, at such place and hour as they may 
deem expedient, for the purpose of electing a warden, clerk, 
and inspectors for each ward, and all other officers whose 
election is provided for in the preceding sections of this act ; 
and the transcripts of the records in each ward, specifying 
the votes given for the several officers aforesaid, certified by 
the warden and clerk of the ward at said first meeting, shall 
be returned to said selectmen, whose duty it shall be to ex- 
amine and compare the same and give notice thereof in 
manner before provided to the several persons elected. At 
said first meeting, a list of voters in each ward, prepared and 
corrected by the selectmen for the time being, shall be de- 
livered to the clerk of each ward, when elected, to be used 
as herein before provided. After the election of the city 
officers as aforesaid, the selectmen shall appoint a place for 
their first meeting, and shall, by written notice left at the 
place of residence of each member, notify them thereof. It 
shall be the duty of the city council immediately after the 
first organization, to carry into effect the several provisions 
of this act. 

Section 32. This act shall be void, unless the inhabitants 
of said town of Somerville, at a legal meeting to be held 
within sixty days from the passage of this act, shall by a vote 
of a majority of the voters present, voting thereon as herein- 
after provided, determine to adopt the same. At said meet- 
ing the votes shall be taken by written or printed ballots and 
the polls shall be kept open not less than six hours. The 
selectmen shall preside in said meeting, and in receiving said 
ballots shall use the check lists in the same manner as they 
are used in the election of state officers. 

Section 33. This act shall take effect upon its passage. 

Approved April 14, 1871. 

Chan. 183 -^^ ^^"^ "^^ authorize the city of boston to pay to CHARLES 
"' BURRILL THE SUM OF FORTY THOUSAND DOLLARS. 

Be it enacted, ^'c, as follows : 
So pS^""" Section 1. The city of Boston is hereby authorized to 
$wow ^"""' P^y *^ Charles Burrill, of Brookline, the sum of forty thou- 
sand dollars, in satisfaction for all services rendered and 



First meeting 
of city officers 



Subject to ac- 
ceptance by 
legal voters. 



1871.— Chapter 184. 557 

money expended by him, in procuring credits upon the 
quota of volunteers of said city, during the war of the rebel- 
lion, in conformity to the order passed by the city council of 
said city, and approved September twelfth, eighteen hundred 
and seventy, and may raise said sum by taxation or other- 
wise. 
Section 2. This act shall take effect upon its passage. 

Approved April 14, 1871. 
An Act to authorize the Massachusetts central railroad Chap. 184 

COMPANY to extend ITS RAILROAD. 

Be it enacted, Sfc, as follows: 

Section 1. The Massachusetts Central Railroad Com- May extend 
pany is hereby authorized to locate, construct, maintain and ton to the Bos- 
operate a railroad, with one or more tracks, from some point Raiiroad^^^^"^ 
within its chartered limits in the town of Weston, thence 
running through said town and the towns of Waltham, New- 
ton, Watertown and Brighton, and the city of Cambridge, or 
any of them, to some convenient point adjacent to the loca- 
tion of the Boston and Albany Railroad Corporation within 
the present limits of ward four in said city, and thence paral- 
lel with and adjacent to the railroad of said corporation on 
either side thereof, to some point north of Cambridge street 
in Cambridge, and south of the tracks of the Fitchburg Rail- 
road Corporation, and thence diverging by some convenient 
route to a convenient point ^of intersection with the tracks of 
the Boston and Lowell Railroad Corporation, the Eastern 
Railroad Corporation, or the Boston and Maine Railroad 
Corporation in the town of Somerville, the city of Cambridge 
or the city of Charlestown : provided, that within the present Proviso. 
limits of wards one and four in the city of Cambridge, said 
railroad shall not be located so as to pass the intersection of 
South and Brighton streets on the northward thereof, nor so 
as to pass the intersection of Putnam street and Western 
avenue on the north-eastward thereof, nor so as to pass the 
intersections of Magazine, Pearl and Brookline streets with 
Hamilton street on the northward thereof; and provided, Proviso, 
that if said railroad should cross the track of the Boston and 
Lowell Railroad Corporation, it shall pass under the grade 
thereof at some point not less than forty feet distant from 
the location line of the Fitchburg Railroad Corporation, and 
on the southerly side thereof, and shall not be located over 
or upon any portion of Miller's River or the flats therein 
lying southerly of the track of the Fitchburg Railroad Cor- 
poration, at a greater distance from the northerly main track 
of the Boston and Lowell Railroad Corporation than three 
hundred feet at right angles thereto ; and provided, that in Proviso. 



558 



1871.— Chapter 184. 



ProTiso. 



May construct 
road through 
Brighton and 
Brookliue by 
another route. 



Proviso. 



Proviso. 



Bridges over 
Charles Kiver. 



May connect 
with Boston 
and Albany and 
Providence 
Railroads, &c. 



case said railroad should cross the track of the Eastern Rail- 
road Corporation on the grade thereof, it shall so cross that 
the existing provisions of law will not require an additional 
stop of the trains of the Eastern Railroad Corporation in con- 
sequence of said crossing ; and provided, that said railroad 
shall not at any point cross the road of the Fitchburg Rail- 
road Corporation, except that in the town of Watertown it 
may pass between the grounds of the United States arsenal 
and the main track of the Watertown branch of said Fitch- 
burg Railroad Corporation. 

Section 2. Said company is hereby authorized to locate, 
construct, maintain and operate a railroad, with one or more 
tracks, diverging from the route herein before described in 
the town of Brighton, and thence running through said 
town and the town of Brookline to some convenient point of 
intersection with the tracks of the Boston and Albany Rail- 
road Corporation in the town of Brookline or the city of 
Boston, or with the tracks of the Boston and Providence 
Railroad Corporation in the city of Boston : provided, that if 
said railroad should cross the track of the Boston and Albany 
Railroad Corporation in Brighton, Brookline or Boston, it 
shall pass over or under the grade thereof; and if over the 
grade thereof, so as to leave a clear space of not less than 
eighteen feet above said track. Or, said company may locate, 
construct, maintain and operate a railroad with one or more 
tracks, from some point in Cadibridge north of Broadway, 
there diverging from the Jine of the Boston and Albany 
Railroad Corporation to Charles River, and crossing Charles 
River by a suitable pile bridge to some point in Boston, be- 
tween West Boston bridge and Cragie's bridge on the north- 
erly side of Charles street : provided, that said bridge hereby 
authorized to be built across Charles River, shall not be used 
for loading or discharging vessels. 

Section 3. The bridges which said company may build 
across Charles River below the head of navigation thereon, 
ehall be constructed subject to the provisions of chapter one 
hundred and forty-nine of the acts of the year eighteen hun- 
dred and sixty-six. 

Section 4. Said company may connect its tracks with, 
enter upon and use the tracks of the Boston and Albany 
Railroad Corporation, the Boston and Providence Railroad 
Corporation, the Boston and Lowell Railroad Corporation, 
the Eastern Railroad Corporation, and the Boston and Maine 
Railroad Corporation, with the consent in writing of said 
corporations respectively obtained. 



1871.— Chapter 185. 559 

Section 5. In case said company shall use as aforesaid ^If/^ nTraJks^ 
the tracks of either of said corporations for the purpose of ^'■^ "*^d t" 
entering the city of Boston, it is hereby authorized to pur- 
chase of either of said corporations any land held by it, or 
to take such land not held by any railroad corporation as 
may be necessary for their railroad and depots, according to 
law. 

Section 6. Said company is hereby authorized to locate, Hay construct 
construct, maintain and operate a branch railroad with one Barre. ^ 
or more tracks in the town of Barre, diverging from its 
main track in said town. 

Section 7. Said company shall have with respect to the Powers and 
railroad hereby authorized to be constructed, and the grants 
herein contained, all the rights and privileges, and shall be 
subject to all the duties, liabilities and restrictions granted 
and imposed by the general laws upon railroad corporations 
and by the act by which said company was incorporated, and 
also by the first section of chapter three hundred and sixty- 
two of the acts of the year one thousand eight hundred and 
seventy. 

Section 8. This act shall take effect when it shall have Act to beac- 
been accepted by said company, and it shall become void, so pluy, au^T^a 
far as it relates to the construction of the railroad hereby l^'eT/^tnd c^*^ 
authorized, unless the same be located within two years and stmcted in four 

•/ years. 

constructed within four years after its passage. 

Approved April 14, 1871. 

An Act in addition to "an act to authorize the city of bos- QJidv) \^j 

TON TO BUILD AN ADDITIONAL RESERVOIR." ^' 

Be it enacted, §'c., as follows: 

Section 1. The city of Boston is hereby authorized, by cochituate wa- 
and through the agency of the Cochituate water board lay new main 
therein, to construct an aqueduct, or to lay new main pipes servoir?™ ^^ 
from its reservoir constructed under the provisions of the 
one hundred and thirty-first chapter of the acts of the year 
eighteen hundred and sixty-five, through the towns of 
Brighton and Brookline, to the city of Boston, and to con- 
tinue the same into and through the city of Boston, in the 
manner provided in the one hundred and sixty-seventh chap- 
ter of the acts of the year eighteen hundred and forty-six ; and 
for this purpose may take and hold, by purchase or other- Maytake lands, 
wise, any lands or real estate necessary therefor ; and may 
construct said aqueduct, or lay said pipes over or under any 
water-course, or any streets, turnpike roads, railroads, high- 
ways, or other ways, in such manner as not to obstruct or 
impede the travel thereon ; and may enter upon and dig up 



560 1871.— Chapter 185. 

any such roads, streets or ways, for the purpose of construct- 
ing said aqueduct, or laying down said pipes beneath the 
surface thereof, and for maintaining and repairing the 
same ; but always in such manner and with such care as not 
to render the roads, streets and ways unsafe or unnecessarily 
City of Boston iuconvenicAt to the public travel thereon. And said city of 
reasonable reg- Bostou, in performing said work shall be subject to such 
scribed^by'^ reasonable regulations as to time, place and manner of dig- 
BrcwMue^'^^ S^"S ^P ^'^7 strccts or ways of public travel for the purpose 
aforesaid, and the laying of said pipes as shall be made by 
the selectmen of Brighton and of Brookline, within their 
respective limits for the protection of their rights of drain- 
age and sewerage therein, 
streets to be re- SECTION 2. Whenever the city of Boston shall dig up 

store d to fiTood cj J. 

order and con- any strcct or way, as aforesaid, it shall restore the same to 

^^*^°°" as good order and condition as the same^ shall be in when 

such digging commenced ; and the city of Boston shall at 

all times indemnify and save harmless the town of Brighton 

and the town of Brookline, against all damage which may 

Towns to be re- be recovered against them, respectively, and shall re-im- 

lIIlDUrS6Cl uV / i, *i f 

Boston for bursc to them, respectively, all expenses which they shall 
foTdrfects"hf incur by reason of any defect or want of repair in any street 
highways. qj. y^^j^ caused by the construction of said aqueduct or the 
laying of said pipe, or by the maintaining or repairing of 
the same : provided^ that said city shall have due and reason- 
able notice of all claims for such damages or injury, and 
opportunity to make a legal defence thereto. 
Liability of SECTION 3. The city of Boston shall be liable to pay all 

damages for damages that shall be sustained by any persons in their prop- 
takiiig land, &c. gj,^^ j^^ ^j^^ taking of any land or real estate, or construct- 
ing of said aqueduct, or the laying of said pijDC as aforesaid ; 
and any person sustaining damage as aforesaid may have the 
same ascertained, determined, collected and paid in the 
manner which is provided in the sixth, seventh and eighth 
sections of the one hundred and sixty-seventh chapter of 
the acts of the year eighteen hundred and forty-six. 
Hydrants to be SECTION 4. The Selectmen of the town of Brighton and 
Brighton^and" the Selectmen of the town of Brookline may require the city 
re°ue'^itTf"e°'^ ^^ Bostou, wliile coustructiug said aqueduct, or laying down 
lectmen. said pipe, within their respective limits, to insert therein a 

number of hydrants, at points not less than five hundred feet 
apart, to be used for the purpose of extinguishing fires, and 
no other purpose ; and the town of Brighton and the town 
of Brookline shall pay the expenses of keeping in repair all 
such hydrants as shall be so inserted, upon tlieir respective 
requisitions, after the same shall have been constructed. 



I 



1871.— Chapters 186, 187, 188. 561 

Section 5. This act shall not take effect until the same subject to ac- 
shall have been accepted by the city council of the city of dty councuV 
Boston. . Approved AprU U, 1871. ^''*'°''- 

An Act to authorize the new England hospital for women QJidp^ 183 

AND children TO HOLD ADDITIONAL REAL ESTATE AND PERSONAL ^' 

PROPERTY. 

Be it enacted, Sfc., as folloics : 

Section 1. The New England Hospital for Women and S^ilta^tr 
Children is hereby authorized and empowered to hold real 
estate not exceeding in value one hundred and fifty thou- 
sand dollars, and personal property not exceeding in value 
one hundred and fifty thousand dollars, instead of the 
amounts of real estate and personal property authorized by 
its act of incorporation. 

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

Approved April 14, 1871. 
An Act to incorporate the pilgrim congregational church in QfiQn \^'^ 

CAMBRIDGE. ■^' 

Be it enacted, §'c., as follows: 

Section 1. Edward Kendall, John N. Merriam, James Corporators. 
H. Sparrow, and all other members of the Stearns Chapel 
Congregational Church in Cambridgeport, so called, in Cam- 
bridge, and their successors, as members of said church, 
are hereby made a corporation, with all the powers and priv- Powers and 
ileges, and subject to all the duties, restrictions and liabili- 
ties set forth in all general laws which now are or hereafter 
may be in force, applicable to religious societies. 

Section 2. Said church shall be called the Pilgrim Con- pugrim con- 

1 y~,, 1 eregational 

gregational Church. church. 

Section 3. Said corporation may hold real and personal Real and per- 

1 w 1 **011R1 6Stftt6. 

estate to an amount not exceeding one hundred thousand "^ 
dollars for parochial and religious purposes. 

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

Approved April 14, 1871. 
An Act to authorize the winnisimmet ferry company to Qjiap. 188 

widen their slip in BOSTON AND TO TAKE LAND THEREFOR. " 

Be it enacted, ^"c , as folloics : 

Section 1. The Winnisimmet Ferry Company are hereby rJ'YuJii*'Bo^s-'* 
authorized to widen their ferry slip, at the foot of Hanover ton. 
street, in the city of Boston. 

Section 2. Said company may purchase, or otherwise *^Yake'e1tate 
take, for the purpose of such widening, the whole of such of wiiiiam h. 
portion of the adjoining estate of Wiljiam H. Grueby, con- ^'^''^^^ 
veyed to him by deed of Helen B. Smith, and of the execu- 
tors of the will of Samuel Aspinwall, deceased, recorded with 



562 1871.— Chapter 189. 

Suffolk deeds, book eight hundred and eighty-nine, page one 
hundred and ninety, or however otherwise acquired, as lies 
north-east of a line parallel with the present north-easterly 
line of Commercial street and distant therefrom three hun- 
dred and fifty feet, with all the rights, privileges, appurte- 
nances and easements to such portion of said estate belong- 
ing. And if they shall not be able to obtain such land by an 
If agreement is agreement with the owner thereof, they shall pay therefor 
ages to be esti- sucli damages as shall be estimated and determined by the 
wm^^iioners* board of Street commissioners of the city of Boston ; and 
of Boston. either party, if dissatisfied with any estimate made by said 
board of street commissioners, or if said board of street com- 
missioners shall refuse to make such estimate, may apply for 
a jury to the superior court, next to be held within the coun- 
ty of Suffolk, after such estimate or refusal is made known to 
the parties ; and thereupon the same proceedings shall be had 
as in the case of estimating and enforcing payment of dam- 
ages for laying out highways, in the city of Boston, 
who/rpar^erof SECTION 3. Nothing herein contained shall give said ferry 
land to be company any right to enter upon, or deal with anything less 
than the whole of the parcel of land herein described or in- 
tended ; and this act shall be void unless said land shall be 
purchased and paid for, or otherwise taken, and notice of 
such taking given in writing, to said Grueby or his repre- 
sentatives within six months from its passage. 

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

Approved April 14, 1871. 



Chap. 189 



An Act to protect an alewife fishery in sandwich. 
Be it enacted, ^'c, as folloivs : 
Barziiia Sears SECTION 1. Barzilla Scars, of the towu of Sandwich, his 
sive right for hcirs and assigns, shall have for the term of twenty years 
takT*aiew!ve3° from the date of the passage of this act, the exclusive right 
in Mill Paver, ^q ^^j^q g^j-^^j catch alcwivcs in the stream known as Mill river, 
running over the mill-dam of said Sears and through the 
marshes in said Sandwich to the waters of Sandwich Har- 
bor, on Monday, Wednesday, Friday and Saturday in each 
Proviso. week, and at no other time : provided, that said Sears, his 

heirs and assigns, shall construct and maintain a good and 
sufficient passage-way over or around the dam or dams 
which now are, or which may hereafter be erected upon said 
stream, to enable fish to enter the ponds above such dam or 
dams, and shall keep such passage-way open and unobstructed 
from the tenth day of 'April to the first day of June inclu- 
sive, in each year. 



Chap. 190 



1871.— Chapters 190, 191. 563 

Section 2. Any person or persons taking alewives in said faklng^aie^ves 
Mill river or the said ponds, without the written consent of without per- 
said Barzilla Sears, his heirs or assigns, shall forfeit and pay 
for every such oifence the sum of ten dollars, one-half of the 
forfeiture to the use of the person making the complaint, and 
one-half to said Sears, his heirs and assigns, to be recovered 
in any court of competent jurisdiction. 

Approved April 14, 1871. 

An Act fixing the compensation of the members of the legis- 
lature. 
Be it enacted, §'c., asfolloios: 

Section 1. Each member of the senate and house of rep- compensation 
resentatives shall receive seven hundred and fifty dollars for legislature, 
the regular annual session for which he is elected, and one 
dollar for every five miles travel once in each session from 
his place of abode to the place of the sitting of the general 
court. And the president of the senate and speaker of the president and 
house of representatives shall receive double the compensa- ^p^*^^""- 
tion provided for each individual member by this act. 

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

Approved April 14, 1871. 

An Act concerning juvenile offenders in the city of lynn. CfiCtV. 191 

Be it enacted, ^'c, as follows : 

Section 1. The city council of the city of Lynn is hereby May establish 
authorized to erect a building in said city for the reception, matio/ofTuve' 
reformation, instruction and employment of such juvenile ^^^ offenders, 
offenders as are hereinafter named, or to use for these pur- 
poses any house or building belonging to said city, that the 
city council may appropriate to these uses. 

Section 2. The government of said house of reception. Board of direc- 
reformation, instruction and employment, shall be vested in ch'cfsen annu- 
a board of three directors, who shall be chosen annually by f^l afdSmen. 
the board of mayor and aldermen of said city of Lynn. Said 
directors shall have power at their discretion, to receive 
into said house all such children under sixteen years of age May receive 
resident at or belonging to said city, who shall be convicted sl^teen'^y^Ms,'^ 
of any criminal offence, and who may in the judgment of 
any justice of the superior court, or judge of the probate 
court, be proper subjects therefor, and upon such conviction 
of any child under sixteen years of age, who in the judgment 
of the court in which the conviction is had is a proper sub- 
ject for said house of reception, reformation, instruction and 
employment, the court before declaring the sentence of the 
law, shall cause notice to be given to said directors, and 
in case said directors shall assent thereto, the said court 1 

■ 18 



561 



1871.— Chapter 192. 



Children may 
be committed 
by police court, 
&c. 



Directors to 
give employ- 
ment and in- 
struction. 



May discharge 
before expira- 
tion of sen- 
tence. 



May bind out 
as apprentices 
for tlieir term 
of service. , 



Children com- 
mitted by pro- 
bate court sub- 
ject to 1870, 359. 



may sentence the child convicted as aforesaid, to be com- 
mitted to said house for and during minority or for any less 
term. 

Section 3. Any justice of either of said courts, or of the 
police court of Lynn, respectively, on the application of the 
mayor or any alderman of the city of Lynn, or of any of said 
directors, shall have power to sentence and commit to said 
house all children under sixteen years of age, resident in or 
belonging to said city, convicted of offences under chapter 
two hundred and seven of the acts of the year eighteen hun- 
dred and sixty-two. 

Section 4. Said directors may receive the persons sen- 
tenced 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. Said directors shall have authority to discharge 
any such child convicted as aforesaid, before the expiration 
of his or her sentence, if in their opinion it is for the benefit 
of said child so to do. 

Section 6. Said directors shall have authority to bind 
out for their term of sentence as apprentices, all persons com- 
mitted to said house, and the said directors, master and mis- 
tress and apprentice shall respectively have the rights and 
privileges, and be subject to the duties set forth in chapter 
one hundred and eleven of the General Statutes, in the same 
manner as if said binding were made by overseers of the 
poor. 

Section 7. All children committed to said house of re- 
ception by the probate court, shall be subject to the provi- 
sions of chapter three hundred and fifty-nine of the acts of 
the year eighteen hundred and seventy. 

Approved April 14, 1871. 



Chap. 192 



Provisions of 
1871, 9.3, made 
applicable to 
city of Salem. 



An Act concernixg the purchase of water rights by the city 

OF SALEM, 

Be it enacted, §"0., asfolloios : 

Section 1. The provisions of chapter ninety-three of the 
acts of the year eighteen hundred and seventy, are hereby 
made applicable to the city of Salem, anything in chapter 
two hundred and sixty-eight of the acts of the year eighteen 
hundred and sixty-four to the contrary notwithstanding, but 
nothing in this act shall in any way annul or impair the 
rights and privileges of the owners and occupants of the 
manufacturing establishments on Goldthwait's Brook in Pea- 



1871.— Chapters 193, 194. 565 

body, as provided for in section sixteen of said chapter two 
hundred and sixty-eight. 

Section 2. Sections two and eighteen of chapter two Kepeai. 
hundred and sixty-eight of the acts of the year eighteen hun- 
dred and sixty-four are hereby repealed. 

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

Approved April 14, 1871. 

An Act to incorporate the holden savings bank. Chap, 193 

Be it enacted, Sfc, as follows : 

Section 1. M. V. Jefferson, Charles Flagg, Ethan Davis corporators. 
and F. M. Stowell, their associates and successors, are hereby 
made a corporation by the name of the Holden Savings Bank, ^ame. 
to be located in the town of Holden ; with all the powers Powers and 
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 institutions for savings. 

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

Approved April 14, 1871. 
An Act TO incorporate the Bristol masonic building associa- Chap. 194 

TION IN ATTLEBOROUGH. "' 

Be it enacted, S^'c, asfolloivs: 

Section 1. Josiah D. Eichards, Felix G. Whitney and corporators. 
Thomas G. Snndland, their associates and successors, are 
hereby made a corporation by the name of .the Bristol Ma- Name and pur- 
sonic Building Association, for the purpose of erecting a ^°**'' 
building in the town of Attleborough, and maintaining the 
same for the purpose of a masonic hall, and any other law- 
ful purpose ; with all the powers and privileges, and subject Powers and 
to all tlie duties, restrictions and liabilities set forth in all *^"*^*^** 
general laws which now are or may hereafter be in force, so 
far as applicable to such corporations. 

Section 2. Said corporation shall have a capital stock ^Q^'shLes"*^^ 
not exceeding twenty-five 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 its capital stock. 

Section 3. No liability shall be incurred by said corpo- No liawiity to 
ration until ten thousand dollars of its capital stock shall be t\\ $io"ooo of""' 
paid in in cash. ^pitaiispaid 

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

Approved April 14, 1871. 



566 



1871.— Chapters 195, 196, 197. 



Chew 195 -^^ -^^^ ^^ REDUCE THE CAPITAL STOCK OP THE EAST BOSTON DRY 



DOCK COMPANY. 

Be it enacted, Sfc., as follows : 

Stailtockto Section 1. Authority is hereby given to the East Bos- 
$100,000. ton Dry Dock Company to reduce its capital stock to one 

hundred thousand dollars, and the par value of the shares 

to twenty dollars each, 

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

Approved April 14, 1871. 



Chap. 196 



Name changed 
to Standish. 



Subject to ac- 
ceptance by a 
majority of 
legal voters. 



Selectmen to 
certify and re- 
turn number of 
ballots to secre- 
tary of the Com- 
monwealth. 



Secretary to is- 
sue certificate. 



Meeting to be 
held within 
ninety days. 



Chap 



Dividing line 
between Shef- 
field and New 
Marlborough. 



An Act to change the name of the town of north bridgewater. 

Be it enacted, Sfc., as follows: 

Section 1. The town of North Bridgewater shall take 
the name of Standish. 

Section 2. This act shall not take effect unless accepted 
by a majority of the legal voters of said town, present and 
voting thereon' by ballot, at a special meeting held upon 
notice given at least seven days before the time of said 
meeting. And the polls shall be opened at nine o'clock in 
the forenoon of said day, and shall not be closed before four 
o'clock in the afternoon of said day, nor remain open longer 
than till six o'clock in the afternoon of said day. 

Section 3. It shall be the duty of the selectmen of said 
town to certify and return, as soon as may be, the number 
of ballots in favor of the acceptance of this act, and the 
number of ballots against the acceptance of the same, to 
the secretary of the Commonwealth ; and if it sha;ll appear 
that a majority of such ballots is in favor of the acceptance 
of this act, the secretary shall immediately issue and pub- 
lish his certificate declaring this act to have been duly ac- 
cepted. 

Section 4. Said meeting shall be held within ninety 
days from the passage of this act. 

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

Approved April 19, 1871. 
^ jQ^jf An Act to annex a portion of the town of Sheffield to the 

TOWN OF NEW MARLBOROUGH. 

Be it enacted, Sfc, as follows : 

Section 1. The dividing line between the towns of 
Sheffield and New Marlborough is established as follows : — 
Commencing at a stake and stones in the line between the 
states of Massachusetts and Connecticut four hundred and 
thirty-eight rods west of the east line of Sheffield; thence 
north three degrees and thirty minutes east, twelve liundred 
and eight rods to a pile of stones on land of Amos Brewer, 
a little west of the liighway leading past the dwelling-house 



1871.— Chapter 198. 567 

of said Brewer ; thence north fortj-four degrees east three 
hundred and sixty-four rods to a pile of stones standing in 
the angle of the line between said towns of Sheffield and 
New Marlborough ; thence northerly on said town line to 
the line of Great Barrington ; and the said line as above 
described shall hereafter be the dividing line between said 
towns. 

Section 2. All portions of the town of Sheffield lying Part of shef- 
east of the aforesaid line, are hereby set off from the town New'siari^'^' 
of Sheffield and annexed to the town of New Marlborough, ^o'oug^- 

Section 8. The inhabitants of the territory set off as Debts and 
aforesaid, shall be holden to pay their share of the town ^^^^' 
debt of the town of Sheffield as it existed on the first day of 
April, eighteen hundred and seventy-one, and also their 
share of all county and state taxes that may be assessed 
upon the town of Sheffield previously to the taking of the 
next state valuation, and such shares shall be assessed and 
collected of said inhabitants in the same manner as if this 
act had not been passed ; and said inhabitants shall not be 
held to pay any part of the present town debt of the town 
of New Marlborough, and a tax shall be assessed and collect- 
ed of said territory and the inhabitants thereon by said 
town of Sheffield at the annual assessment for the year 
eighteen hundred and seventy-one for the amount of the 
excess in value of the public school property on said terri- 
tory over its proportion, according to the valuation of the vaiue of school 
whole amount of public school property in said town of ^gcertamed by 
Sheffield ; and the value of such property shall be ascer- appraisal, 
taiued by an appraisal thereof to be made by three disinter- 
ested persons not residents of either of said towns, to be 
agreed upon by the selectmen of the towns of Sheffield and 
New Marlborough, and the amount of such excess shall be 
certified by said appraisers to the assessors of the town of 
Sheffield on or before the first day of May next, and the 
expense of such appraisal shall be paid by the inhabit^ts 
of said territory. 

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

Approved April 19, 1871. 

An Act to incorporate the town of maynard. Chap, 198 

Be it enacted, §'c , as follows : 

Section 1. All the territory now within the towns of JdotVaTs^'of' 
Stow and Sudbury, comprised within the following limits, ^*°^y^°*^ 
that is to say, beginning at the north-westerly corner of said Boundaries, 
territory, at the north-westerly corner bound of land of the 
late Daniel Whitney, and in the town line between Acton 
and Stow ; thence southerly in a straight line to a stake and 



568 1871.— Chapter 198. 

stones at the north-easterly corner of land of William Carr, 
at land of Benjamin Smith, on the top of Carr's Hill, so 
• called ; thence south-easterly in a straight line to a stone 

monument in the town line between Stow and Sudbury, at 
land of Winthrop Puffer ; thence easterly in a straight line 
to the guide-post at the Iron Works Causeway, so called ; 
thence northerly to a stone monument at the corner of Ac- 
ton and Concord town lines in the Sudbury town line ; 
thence north-westerly by the town line of Acton and Sud- 
bury, and Acton and Stow town line to the point of begin- 
ning, is hereby incorporated into a town by the name of 
Maynard ; and said town of Maynard is hereby invested with 
all the powers, privileges, rights and immunities, and sub- 
ject to all the duties, liabilities and requisitions to which 
other towns are entitled and subjected by the constitution 
and laws of this Commonwealth. 

"^^^^^^ Section 2. The inhabitants of the town of Maynard shall 

be held to pay all arrears of taxes which have been legally 
assessed upon them by the towns of Stow and Sudbury, and 
all taxes heretofore assessed l,nd not collected shall be col- 
lected and paid to the treasurers of the said towns of Stow 
and Sudbury respectively, in the same manner as if this act 
had not been passed ; and until the next state valuation, 
the town of Maynard shall annually pay in the month of 
November, to the town of Stow, one-fourth part, and to the 
town of Sudbury, thirty-four and one-half per cent, of all 
state and county taxes which the said towns of Stow and 
Sudbury respectively may be required to pay. 

Support of Section 3. The towns of Sudbury and Maynard, shall 

be respectively liable for the support of all persons who now 
do or shall hereafter stand in need of relief or support as 
paupers as said towns would be liable, if the territory of the 1 
town of Maynard had been originally incorporated as a 
separate town. 

The towns of Stow and Maynard, shall be respectively 
liable for the support of all persons who shall hereafter be- 
come paupers, whose settlement was gained by or derived 
from a settlement within the respective limits of the town 
of Stow, and the territory of Maynard taken from said town 
of Stow. 

The town of Maynard shall pay to the town of Sudbury 
towards the support of the paupers, the sum of three thou- 
sand dollars as follows, viz, : three hundred dollars annually 
in the month of January, until said sum of three thousand 
dollars is paid ; and the town of Maynard shall also pay 
annually to the town of Sudbury, one-third part of all costs 



paupers. 



1871.— Chapter 198. 569 

of the support or relief of those persons who now do or shall 
hereafter stand in need of relief or support as paupers, and 
have gained a settlement in said town of Sudbury, in conse- 
quence of the military services of themselves or those 
through whom they derive their settlement. 

Section 4. All the corporate property of the town of corporate pro- 
Stow situate within the limits of the town of Maynard, shall ^""^ ^' 
become the absolute property of the town of Maynard, ex- 
cept the town farm and other property of said town of Stow 
used for the support and maintenance of the poor of said 
town of Stow. The town of Maynard shall pay to the town 
of Stow the sum of sixty-five hundred dollars as follows, 
viz. : one thousand dollars annually for six consecutive years, 
and the balance of said sum of sixty-five hundred dollars, 
in the year following said sixth annual payment, with in- 
terest payable annually on the sum unpaid ; and the first of 
said payments shall be made within one year of the passage 
of this act. 

And the town of Maynard shall not be liable for the pay- Debts or uabii- 
ment of any debts or liabilities of said town of Stow. All "'*^^- 
the public property of the town of Sudbury shall remain 
the property of the town of Sudbury, except the real prop- 
erty of the same situate within the limits of the town of 
Maynard, which shall become absolutely the property of the 
town of Maynard, and neither of said towns shall be re- 
quired to pay anything to the other on account thereof. 

The town of Maynard shall pay to the town of Sudbury, 
thirty-eight and one-half per cent, of all the debts and lia- 
bilities of said town of Sudbury, existing at the date of the 
passage of this act, except the debt for the subscription of 
stock by the town of Sudbury in the Framingham and 
Lowell Railroad, with interest thereon from the date of the 
passage of this act, said payment to be made within one 
year from said date. The town of Sudbury shall transfer sudbury to 
and assign to the town of Maynard, one hundred and four ifmKiredTmi 
shares of the stock in said railroad, and the town of May- rauroad'sTock 
nard shall pay to the town of Sudbury therefor, the par to Maynard. 
value of said stock, with interest thereon from the thirteenth 
day of March, one thousand eight hundred and seventy-one, 
at the same rate paid by said town of Sudbury. And if 
the town of Maynard shall refuse or neglect to make to the 
towns of Stow and Sudbury, or either of them, the afore- 
said payments, or any of them, said towns of Stow and Sud- 
bury respectively, may maintain an action therefor. 

And said towns of Stow and Maynard, shall equally bear Expense of sur- 
the expense of making the survey and establishing the line Id'^between" ' 



570 



1871.— Chapter 198. 



stow and May- 
nard. 



Commissioners 
to determine 
amount of debt 
if towns dis- 
agree. 



Election of re- 
presentatives 
to the general 
court. 



First meeting 
for choice of 
town officers. 



between the towns of Stow and Maynard. And said towns 
of Sudbury and Maynard shall equally bear the expenses of 
making the survey and establishing the line between the 
towns of Sudbury and Maynard. 

Section 5. In case said towns of Sudbury and Maynard 
shall not agree in respect to the amount of the debts and 
liabilities of said town of Sudbury existing at the date of 
the passage of this act, and the amount thereof to be paid 
to the town of Sudbury by the town of Maynard under the 
provisions of this act, the supreme court in any county may 
appoint three competent and disinterested persons, upon the 
petition of either of said towns, 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. 

Section 6. The town of Maynard, for the purpose of 
electing representatives to the general court, until the next 
decennial census, or until another apportionment be made, 
shall remain a part of the said towns of Stow and Sudbury, 
and vote therefor at such places as said towns of Stow and 
Sudbury shall vote, and the selectmen of Maynard 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 Maynard, 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 Stow and Sudbury, respec- 
tively, to the selectmen thereof, seven days at least before 
said election, to be used thereat. 

Section 7. Any justice of the peace within and for the 
county of Middlesex, may issue his warrant directed to any 
inhabitant of the town of Maynard, requiring him to notify 
and warn the inhabitants thereof qualified to vote in town 
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 posting up 
copies thereof, all attested by the person to whom the same 
is directed, in five public places in the said town of Maynard, 
seven days at least before such time of meeting. Such jus- 
tice, 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 towns of Stow and Sud- 
bury shall respectively prepare a list of persons qualified to 
vote at said meeting, and shall deliver the same to the per- 
son presiding at such meeting before the choice of modera- 
tor thereof. 

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

Approved April 19, 1871. 



over 
lack 



1871.— Chapters 199, 200, 201. 571 

An Act TO AUTHORIZE THE COUNTY COMMISSIONERS OF THE COUNTY QJinv) IQQ 
OF MIDDLESEX TO LAY OUT A HIGHWAY AND CONSTRUCT A BRIDGE ^' 

ACROSS THE MERRIMAC RIVER. 

Be it enacted, cVc, as follows : 

Section 1. The county commissioners of the county of hfghfv^ay°ol( 
Middlesex are hereby authorized and required, within two Merrimai 

•z ■*■ ' J\ivpr in 

years from the passage of this act, to lay out a highway and Tynp;sborough. 
construct a bridge across Merrimac River in Tyngsborough, 
near the centre of said town. 

Section 2. Said commissioners, in laying out and con- robe construct- 

ccl&casiii 

structing said highway and bridge, shall in all respects pro- caseof high- 
ceed as is now provided by law for laying out and construct- ^''^*' 
ing 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 and bridge. 

Section 3. The county commissioners of the said county county com- 
of Middlesex are hereby authorized to borrow such sums of borrov" money' 
money as may be necessary to comply with the provisions of po'se.'"^ '^^^' 
this act. 

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

Approved April 19, 1871. 

An Act in relation to the righIs of a widow in the estate pA-y^ 900 

OP her deceased husband. 1 ' 

Be it enacted, §'c., as follows : 

Section 1. Section one of chapter one hundred and ^g^g'J^^'e"*'*!*'" °^ 
sixty-four of the acts of the year eighteen hundred and 
sixty-one, shall be so construed that a widow for whom no 
provision is made in the will of her husband, may file her 
waiver of the provisions of the will in like manner and with 
the same effect as if provision had been made for her in the 
will. 

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

Approved April 19, 1871. 
An Act to define the boundary line between the towns of j^t nn-i 

NORFOLK AND WRENTHAM. LfflCip. Z\) I 

Be it enacted, §'c., as follows: 

Section 1. The boundary line between the town of Nor- Boundary line ' 
folk and the town of Wrentham is hereby established, as twee'^n Norfolk' 
follows: beginning on Pine street, on the dividing line be- andwrentham. 
tween the towns of Norfolk, Wrentham and Foxborough, on 

19 



572 1871.— Chafter 202. 

the southerly side of said street, at the bound now estab- 
lished by a stone monument marked " W. F. and N.," thence 
north sixty-two degrees and twenty-three minutes (62° 23') 
west, one hundred and sixty-eight and nine-tenths rods 
(168j9q) to a stone monument marked " W. and N.," on the 
west side of Everett street, near the south corner of the Pond- 
Tille cemetery, thence north sixty degrees and forty-five min- 
utes (60° 45') west, one hundred and fifty-five rods to a 
stone monument marked " W. and N." on the west side of 
Dedham street, thence on the same course two hundred and 
nine and four-tenths rods (209^^^) to a stone monument 
marked " W. and N.," on the westerly side of North street, 
and five rods southerly of the farm buildings of Samuel J. 
Benn, thence north eighty-one degrees (81°) west, thirty-one 
(31) rods to a stone monument marked " W. and N." on 
the east side of Shears street, thence on the same course four 
hundred and eighty-three (483) rods through the Stony Brook 
reservoir and passing over Tails End street where there is a 
stone monument marked" W. and N." to a stone monument 
marked " W. and N." on the west side of Park street about 
forty-five (45) rods north of the residence of E. S. Nash, 
thence on the same course two hundred and one and two- 
tenths (201^2-) rods to a stone monument marked " W. P. 
and N." on the dividing line between the towns of Norfolk, 
Franklin and Wrentham ninety (90) rods southerly of the 
house of J. E. Pollard. 
Repeal. SECTION 2. So much of chapter thirty-five of the acts of 

the year eighteen hundred and seventy as is inconsistent 
herewith, is hereby repealed. 

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

Approved April 19,1871. 

Chan 202 ^^ ^^^ ^^ authorize the trustees of the state lunatic H08- 
-* ' PITAL AT WORCESTER TO SELL LAND, AND FOR OTHER PURPOSES. 

Be it enacted, ^"c, as follows : 

Trustees may SECTION 1. The trustccs of the stato luuatic hospital at 
needed lor new Worccstcr, are hereby authorized, from time to time, to sell 
hospital. ^^^^ convey, in fee simple, such portions of the lands in 

Worcester purchased under autliority of chapter two hun- 
dred and thirty-eight of the acts of eighteen hundred and 
seventy, as in their judgment may not be needed for the 
new hospital to be erected under the provisions of said cliap- 
ter ; and all moneys, notes, mortgages and securities re- 
ceived for such sales, shall be paid over and delivered to the 
treasurer of the Commonwealth, as a part of the fund 
created by the fourth section of said chapter. 



1871.— Chapters 203, 204, 205. 573 

Section 2. To complete the payments for lands pur- ^.jo^^oto^ijere- 
chased by said trustees under the said act, and for the im- paidfrompro- 
provement of the same, and commencing the erection of the onand!^ *^*^* 
new liospital buildings thereon, a further sum, not exceed- 
ing thirty thousand dollars, shall be allowed and paid out of 
tlie treasury of the Commonwealth, which sum shall be re- 
paid from the proceeds of the sales of land connected with 
the present hospital and of the sales hereby authorized. 

Ajjproved April 19, 1871. 

An Act to fix the salaries of the assistant-clerk of the su- ni,nv) 20S 

PREME JUDICIAL COURT, AND OF THE ASSISTANT-CLERK OF THE -t * 

CIVIL SESSION OF THE SUPERIOR COURT IN THE COUNTT OF SUF- 
FOLK. 

Be it enacted, ^t., as follows : 

Section 1. The annual salary of the assistant-clerk of aft^enty-'flve 
the supreme judicial court for the county of Suffolk, and hundred doi- 
also of the assistant-clerk of the civil session of the superior 
court for said county, shall hereafter be twenty-five hundred 
dollars. 

Section 2. This act shall take effect upou its passao-e. 

Approved April 19, 1871. 

An Act to authorize the public library association of east- (^L^j^ 904 

hampton to maintain a museum. "' 

Be it enacted, Sfc, as follows : 

The provisions of section one of chapter one hundred and as^ocfat^n^'Jf 
fifty-seven of the year eighteen hundred and sixty-nine, are Easthampton 
hereby so extended as to authorize the Public Library Asso- muLum. • 
elation of Easthampton to form and maintain a museum in 
connection with its public library, and for that purpose to 
hold real and personal estate to the amount of fifty thousand 
dollars in addition to the amount already authorized. 

Approved April 19, 1871. 

An Act to supply the town of everett with water. CllCip. 205 

Be it enacted, Sfc, as follows : 

Section 1. The town of Everett is hereby authorized to Everett may 
lay, construct and maintain, within the limits of said town, ducts^^&c.^*^"^ 
such pipes, aqueducts and structures in connection with the 
water works or aqueducts of the city of Charlestown, or the 
towns of Maiden, Melrose and Medford, as may be requisite 
for the purpose of supplying water to the inhabitants of 
said town of Everett, for the extinguishment of fires and 
for other purposes. 

And the said town is hereby authorized to raise, by taxa- —may raise 
tion or by borrowing from time to time, an amount not ex- ™^ing, &c. °'' 
ceeding fifty thousand dollars, for the purposes herein speci- 
fied. 



571 



1871.— Chapters 206, 207. 



— may assess 
and collect 
taxes for pay- 
ment of princi- 
pal and interest 
of debt. 



— may elect 
committee of 
live to take 
charge of 
works, &c. 



Chap. 206 



May extend 
wharf in Bever- 



rroviso. 



Section 2. Said town of Everett is hereby authorized to 
assess and collect upon the polls and estates of the town, 
real and personal, all taxes necessary for the payment of 
the principal and interest of such promissory notes as shall 
be issued under the provisions of the preceding section. 

Section 3. Said town of Everett may annually elect a 
committee of five from the inhabitants of the town, who 
shall superintend, control, direct and make such rules and 
regulations for the construction and maintenance of such 
pipes, aqueducts and structures as are authorized under the 
provisions of section one of this act, and said committee 
may establish prices or rents to be paid for the use of the 
water. 

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

Approved April 19, 1871. 

An Act to authorize david crowell to extend his wharf in 

beverly harbor. 
Be it enacted, Sfc, as follows : 

Section 1. License is hereby given to David Crowell to 
extend his wharf, known as Railway Wharf, in Beverly har- 
bor, to such point as the harbor commissioners may deter- 
mine and direct : provided, that all things done under this 
act shall be subject to the provisions of section four of chap- 
ter one hundred and forty nine of the acts of the year eigh- 
teen hundred and sixty-six, and to the other acts affecting 
such licenses. 

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

Approved April 19, 1871. 



1 



Chap 



9Anr An Act to incorporate the Jamaica plain land improvement 

COMPANY. 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



May hold real 
estate in 
Jamaica Plain. 



Capital stock 
and shares. 



Be it enacted, ^'c, as folloics : 

Section 1. Patrick Meehan, Allen Burke, Joseph M. 
Leonard, their associates and successors, are hereby made a 
corporation by the name of the Jamaica Plain Land Im- 
provement Company ; with all the powers and privileges, 
and subject to all the duties, restrictions and liabilities set 
forth in all general laws applicable to such corporations. 

Section 2. Said corporation may purchase and hold real 
estate in that part of West Roxbury called Jamaica Plain, 
to an amount not exceeding ten acres, and may improve, 
lease, sell and convey the same, and erect dwelling-houses 
and other buildings thereon. 

Section 3. The capital stock of said corporation shall not 
exceed one hundred thousand dollars, divided into shares of 



1871.— Chapters 208, 209, 210. 575 

one hundred dollars each : provided, hoioever, that said cor- 
poration shall incur no liabilities until twenty thousand dol- 
lars of its capital stock shall have been paid in in cash. 
Section 4. This act shall take effect upon its passage. 

Approved April 19, 1871. 
An Act to incorporate the deerfield valley agricultural nhnv) 208 

SOCIETY. ■^' 

Be it enacted, ^'c, as follows : 

Section 1. Ansel L. Tyler, Edward C. Hawks and Sam- corporators. 
uel P. Everett, their associates and successors, of the towns 
of Charlemont, Colrain, Heath, Howe, Monroe, Hawley, 
Buckland, Ashfield, Shelburne, Florida and Savoy, are 
hereby made a corporation under the name of the Deerfield 
Valley Agricultural Society, to be located at Charlemont, 
for the encouragement of agriculture and the mechanic arts, 
by premiums and other means; with all the powers and Po^^rsand 
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, applicable to such corporations. And 
said corporation may for the purposes of this act, hold real 
estate not exceeding in value three thousand dollars, and f^if^l '"^ ^^^^ 
personal estate not exceeding the same sum. 

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

Approved April 19, 1871. 

An Act to incorporate the templeton savings bank. Chan. 209 

Be it enacted, Sfc, as follows : 

Section 1. Stillman Cady, Roby R. Safford, Charles A. corporators. 
Perley, Edwin Sawyer, Amasa S. Hodge, John W. Work, 
Francis Leland, their associates and successors, are hereby 
made a corporation by the name of the Templeton Savings Name. 
Bank, to be located in the town of Templeton ; with all the 
powers and privileges, and subject to all the duties, liabili- powers and 
ties 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 19, 1871. 

An Act to incorporate the amesbury savings bank. CkciU. 210 

Be it enacted, A'c, as follows : 

Section 1. William H. Haskell, Joshua Colby, Alfred E. corporators. 
Goodwin, their associates and successors, are hereby made a 
corporation by the name of the Amesbury Savings Bank, to Nams. 
be established in the town of Amesbury ; with all the pow- Powers and 
ers and privileges, and subject to all the duties, restrictions 



576 1871.-— Chapters 211, 212, 213. 

and liabilities set forth in all general laws wliicli now are or 
may hereafter be in force applicable to institutions for 
savings. 

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

Approved April 19, 1871. 

Chap. 211 -'^N ■^'^'^ 'T^ AUTHORIZE WILLIAM B. BELCHER TO CONSTRUCT A 
^' WHARF IN WINTHROP. 

Be it enacted, S^'c, as follows: 
May build SECTION 1. Liccnse is hereby given to William B. Belcher 

wiiftri ill * 

winthrop. to construct and maintain a wharf from his own land in the 
town of Winthrop : provided, however, that said wharf shall 
not extend beyond such line as the liarbor commissioners 

Proviso. may designate ; and provided, also, 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 of chapter four 
hundred and thirty-two of the acts of the year eighteen hun- 
dred and sixty-nine. 

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

Approved April 19, 1871. 



Chap. 212 



An Act to authorize the town of marblehead to settle with 

THE legal representatives OF JONATHAN M. CRANE. 

Be it enacted, SjX., as folloivs: 

Marblehead SECTION 1. The towu of Marblehead is hereby authorized 

sentatives of to pay to the legal representatives of Jonathan M. Crane, late 
c?aue'$5oo^" of Said Marblehead, deceased, an equitable compensation for 

services rendered by said Crane to said town, not exceeding 

five hundred dollars. 

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

Approved April 19, 1871. 

Chnn 21 '^ ■^^ ^^^ ^^ AUTHORIZE THE BOSTON, CLINTON AND FITCHBURG RAIL- 
/^* ROAD COMPANY TO EXTEND ITS TRACKS IN FITCHBURG. 

Be it enacted, ^'c, as follows : 

May extend SECTION 1. Thc Boston, CHntou aud Fitchburg Railroad 

Summer Street Company is hereby authorized to extend its tracks across 
in Fitchburg. Summer street, at a poiiit therein between North and Wil- 
low streets, in the town of Fitchburg, in a northerly direc- 
tion one thousand feet ; 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 applicable to railroad corporations. 

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

Approved April 19, 1871. 



1871.— Chapters 2U, 215. 577 

An Act TO authorize the boston water power company to Qfidp 214 

HOLD ADDITIONAL REAL ESTATE. ■» 

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

Section 1. In addition to the real estate and water power Additional real 
which the Boston Water Power Company is now authorized wa?erp*ower. 
to hold, the said company may hold flats and marsh lands in 
Boston adjoining its present lands, not exceeding the value 
of eight hundred thousand dollars at the time of the pur- 
chase thereof. 

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

Approved April 22, 1871. 
An Act making appropriations from the moiety of the income QJiQif^ 215 

OF THE SCHOOL FUND, APPLICABLE TO EDUCATIONAL PURPOSES. ^' 

Be it enacted, cVc, as follows : 

Section 1. The sums hereinafter mentioned in this sec- ^P.^'^^^^e'd*""* 
tiou 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-one, to wit : — 

For the support of the state normal schools for the present f^'hooi"?'""'*^ 
year, a sum not exceeding forty-five thousand dollars. isss, 96, § e. 

For teachers' institutes, a sum not exceeding three thou- Teachers' insti- 
sand dollars, the same to be expended in accordance with 
the provisions of chapter thirty-five of the General Statutes. 

For aid to pupils in the state normal schools, a sum not ^/^te°,P"maV° 
exceeding four thousand dollars, payable in semi-annual in- |?'»ooi|- gg 
stalments, to be expended under the direction of the board 
of education. 

For postage, printing, advertising, stationery, transporta- J?°"poft|ge^*' 
tion of documents for the board of education, and for the printing, &c.' 
secretary thereof, and also for any contingent expenses of 
the normal schools, not otherwise provided for, a sum not 
exceeding eleven thousand dollars. 

For expenses of the members of the board of educa- Expenses of 
tion and tlie treasurer thereof, a sum not exceeding three q,%. 34. 
hundred dollars. 

For the salary and expenses of such agents as the board of ^^p^^^°*^® °*" 
education may employ, a sum not exceeding ten thousand g" s. 34. 
dollars, in addition to the appropriation heretofore made. 
For the Massachusetts teachers' association, the sum of 
eight hundred dollars, on condition that said association '^^^^^'^'^r.^"^®"^ 
shall furnish a copy of the " Massachusetts Teacher " to each isos, 96, § o. 
school committee in the several cities and towns in the Com- 
monwealth, during the year eighteen hundred and seventy- 



578 1871.— Chapter 216. 

one, and furnish satisfactory evidence thereof to the auditor 

of accounts. 
Furniture, &c., YoT book-casBs, fumiture and apparatus for the state nor- 
attfafem.'^ mal school at Salem, a sum not exceeding five hundred dol- 

1858, 96, §6. j^^g^ 

bo^arfhi ^housl ^^^ steam-heating and gas apparatus, additional furniture, 
at Framing- wclls and cistcms, range and fixtures, tinning roof and for 
18*5™' 96, § 6. carpenter's work and superintendence, for the normal school 
boarding-house at Framingham, a sum not exceeding five 
thousand and fifty-six dollars and seventy-one cents. 
American insti- YoY the American institute of instruction, the sum of five 

tute of instruc- ■,-,-, m i • i ^ • t c -i- 

tion. hundred dollars, to be paid to the president or said institute 

1S58, 90, § 6. . , , j.\ e K \ j- 

in the month oi August next. 
County teach- For couutv tcachers' associations, a sum not exceeding 

ers' associa- ■,-,-, t -t -w 

tions. three hundred dollars. 

1864, 58. p^j. ^^ payment of interest on loan to the board of edu- 

cation, under the provisions of chapters seventeen and 
seventy-eight of the resolves of the year eighteen hundred 
and sixty-nine, and chapter one of the resolves of the year 
eighteen hundred and seventy, and for insurance on the 
normal school boarding-houses at Framingham and Bridge- 
water, a sum not exceeding five thousand five hundred dol- 
lars. 

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

Approved April 22, 1871. 

Chan 216 '^^ -^^^ ^^ annex a part of the town of natick to the town 
■^' of framingham. 

Be it enacted, Sfc, as follows : 
Part of Natick SECTION 1. So much of the towu of Natick as lies west 
Framingham. and soutli-wcst of tlic followiug described line is hereby an- 
nexed to the town of Framingham, to wit : beginning at the 
stone monument which is the bound between the towns of 
Natick and Sherborn, situate on the north side of the high- 
way known as the central turnpike, and running thence due 
north two hundred and eighty-seven rods to a point on the 
line between said towns of Natick and Framingham. 
Election of rep- SECTION 2. Thc inhabitants upon the territory hereby 
the general anucxed to thc towu of Framingham, shall continue to be a 
''°"''*' part of the town of Natick, for the purpose of electing rep- 

resentatives to the general court, until the next apportion- 
ment shall be made ; and it shall be the duty of the select- 
men of Framingham to make a true list of the persons 
residing on the territory hereby annexed, qualified to vote 
at such elections, as required by law, and deliver the same 
to the selectmen of Natick seven days at least before any 



I 



1871.— Chapter 217. 579 

such election, and the same shall be taken and used by the 
selectmen of Natick for such elections. 

Section 3. The town of Framingham shall pay to the 
town of Natick, within three months from the passage of this 
act, the sum of two thousand dollars. 

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

Approved April 22, 1871. 
An Act in addition to an act concerning streets and high- Qfiap. 217 

WAYS. "' 

Be it enacted, ^'c, as follows : 

Section 1. Whenever any real estate shall be liable to Assessment for 
assessment on account of the benefit or advantage it has re- Bosto^^to^be" 
ceived by the laying out, widening, extending, discontinuing, comml'ssionlrs. 
grading or altering of any street or highway, such assess- 
ment shall be made, in the city of Boston, by the board of 
street commissioners thereof; in every other city, by the 
mayor and aldermen thereof, and in each town by the select- 
men thereof. 

Section 2. Any party aggrieved by the doings of the Parties aggrier- 
board of street commissioners of the city of Boston, the forTu':^"^^ ^ 
mayor and aldermen of any city, or the selectmen of 
any town, in the cases mentioned in the preceding section, 
may apply for a jury by petition to the superior court, at 
any term thereof, which shall be holden within one year 
after the passage of the order or proceeding upon which the 
application is founded ; and thereupon said court shall, after 
due notice to the city or town against which the petition is 
filed, order a trial to be had at the bar of the court, in the 
same manner in which other civil causes are there tried, by 
the jury, and if either party request it, the jury shall view 
the place in question : provided, that trial by jury may be ^^.^^^^^ 
waived and the cause thereupon be heard and determined by 
the court in the same manner as in the case of other civil 
actions. 

Section 3. In the trial iipon any petition as aforesaid, if costs, 
the jury shall not by their verdict reduce the amount of the 
assessment complained of, the respondent shall recover costs 
against the petitioner ; if the jury shall reduce the amount 
of the assessment, the petitioner shall recover costs. 

Section 4. When any assessment shall be reduced ia if assessment is 
amount by the verdict of the jury as above provided, the cofiection^to^be 
collection of the assessment so reduced may be enforced in ^^^^' *<'• 
the same manner as the original assessment might have been, 
if no objection had been taken thereto ; and in all cases in 
which the validity or the amount of any assessment shall be 

20 



580 



1871.— Chapter 218. 



Lien upon 
estate. 



Invalid or irreg- 
ular assess- 
ments may be 
re-made by 
commissioners. 



Eepeal. 



Chap. 218 

May supply in- 
habitants with 
pure water. 



May take and 
hold land. 



Purchase of 
Breed's Pond 
ratified. 
Description of 
lands taken to 
be filed in regis- 
try of deeds. 



May build aque- 
ducts, &c. 



drawn in question in any suit, the lien upon the real estate 
so assessed, shall be continued one year from the final deter- 
mination of such suit. 

Section 5. Every assessment upon any real estate for the 
benefit or advantage it has received by the laying out, widen- 
ing, extending, discontinuing, grading or altering of any 
street or highway, which is invalid by reason of any error or 
irregularity in the making thereof, and which has not been 
paid, or which lias been recovered back, may be re made by 
the board of street commissioners of the city 'of Boston, the 
mayor and aldermen of other cities, and the selectmen of 
towns, for the time being, to the amount for which the orig- 
inal assessment ought to have been made. 

Section 6. All acts and parts of acts which are inconsist- 
ent with the provisions of this act, are hereby repealed. 

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

Approved April 22, 1871. 

An Act to supply the city of lynn with pure water. 

Be it enacted, §"c., as follows: 

Section 1. The city of Lynn is hereby authorized to sup- 
ply itself and its inhabitants with pure water for domestic and 
other purposes ; and for this purpose is authorized to take, 
hold and convey into and through said city the waters of 
Breed's pond, so called, in said city, and the waters which 
flow into and from the same, and any water rights connected 
therewith, and the streams running into Beaver brook, be- 
low Breed's pond, and the brook rising in Pine Hill pasture, 
and running by Holmes' mill ; and may take and hold, by 
purchase or otherwise, such land on and around the margin 
of said pond, 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 land as may be 
necessary for erecting and maintaining dams and reservoirs, 
and for laying and maintaining conduits, pipes, drains and 
other works for collecting, raising, conducting and distribut- 
ing said waters through said city. And the action of said 
city in the purchase of said Breed's pond, and laying pipes 
therefrom, is hereby ratified. 

Section 2. The mayor of said city of Lynn shall, within 
sixty days after taking any of the land aforesaid, file in the 
registry of deeds for the county of Essex, southern district, 
a description thereof sufficiently accurate for identification. 

Section 3. Said city, for the purposes aforesaid, may 
build aqueducts from said Breed's pond, and maintain the 
same by any works suitable therefor ; may provide and 



1871.— Chapter 218. 581 

maintain suitable machinery for raising the water above the 
source of supply ; may erect such structures as are necessary 
for preserving the works ; may make and maintain suitable 
dams and reservoirs, and establish such public fountains and 
hydrants as are at any time deemed proper, and may change 
or discontinue the same ; may distribute the water through- 
out said city, regulate its use, and establish the rates to be 
paid therefor. Said city may also, for the purposes afore- 
said, carry its pipes and other works over or under any water- 
course, street, railroad or highway, in such manner as not 
to obstruct the same ; and may do any other acts and things 
necessary and proper in executing the purposes of this act. 

Section 4. Said city shall be liable to pay all damages Liability for 
sustained by any person or corporation by taking any land, ^'^*^®'- 
water, water rights, or property, or by the constructing of 
any aqueduct, reservoir, or other works for the purposes 
aforesaid ; and if any person or corporation, sustaining dam- 
ages as aforesaid, cannot agree with the city upon the 
amount of such damages, he or it may have them assessed 
in the same manner as is provided by law with respect to 
land taken for highways. 

Section 5. For the purpose of defraying the cost and ex- ^ty/>f Lynn 
penses which may be incurred under the provisions of this 
act, said city shall have authority to issue bonds to be de- 
nominated City of Lynn Water Loan, to an amount not ex- 
ceeding in the whole three hundred thousand dollars, paya- 
ble at periods not exceeding twenty years from the date 
thereof, with interest payable semi-annually, at a rate not 
exceeding seven per centum per annum. And said city may 
sell said bonds at public or private sale upon such terms and 
conditions as it may deem proper. The net surplus income 
and receipts shall be set apart as a sinking fund and applied sinking fund, 
solely to the payment of the principal of said loan. The 
mayor, city treasurer and president of the common council 
for the time being, shall be trustees of said fund, and shall, 
whenever required by the city council, render an account of 
all their doings in relation thereto. 

Section 6. The rights, powers and privileges hereby powers, &c., 
granted, may be exercised by such officers, agents and ser- ™fed byTmc'ers 
vants as such city may select or employ, who shall be sub- ^^p"!"*®*^ ^^ 
ject to such ordinances, rules and regulations as the city 
council may establish, and the mayor shall be eligible to such 
office. 

Section 7. If any person shall use any of the said water penalty for 
without the consent of said city, or shall wantonly or mali- or7e'id"enngu' 
ciously divert the water, or any part thereof, of any of the impure. 



582 1871.— Chapters 219, 220/ 

ponds, springs, streams or sources of water taken or held by 
said city, pursuant to the provisions of this act, or corrupt 
the same, or render it impure, or destroy or injure any dam, 
aqueduct, pipe, conduit, hydrant, machinery or other works 
or property held, owned or used by said city, under the au- 
thority and for the purposes of this act, he shall forfeit and 
pay to said city three times the amount of damages assessed 
therefor, to be recovered in an action of tort, and on con- 
viction of either of the wanton or malicious acts aforesaid, 
may also be punished by fine not exceeding three hundred 
dollars, or by imprisonment in jail not exceeding one year. 
Section 8. This act shall take effect upon its passage. 

Approved April 22, 1871. 

Chap. 219 -^^ •^^^ '^^ EXTEND THE TIME FOR ASSESSING BETTERMENTS ON 

ESTATES ON FORT HILL IN BOSTON. 

Be it enacted, §'c., as follows : 
Street commis- The board of street commissioners of the city of Boston 

sioners may as- . , _ if i p t i • i 

sess better- may at any time beiore the first day oi July, m the year one 
Fort Hm°terri- thousaud eight hundred and seventy-two, assess upon the 
before^juiyl" ^ cstatcs ou the territory called Fort Hill, lying between Milk, 
1872. ' Broad, and Pearl streets, in said city, such proportion of the 

benefits and advantages accruing to said estates as they are 
liable to be assessed for, on account of the laying out, wid,en- 
ing, grading and improving the streets on said territory, in 
pursuance of several orders of the city council of said city, 
approved by the mayor thereof, the twenty-third day of July, 
in the year one thousand eight hundred and sixty-nine ; and 
the assessments so made shall have the same validity in all 
respects as they would have if they were made within two 
years from the passage of the said orders of the city council : 
provided^ that nothing contained in this act shall in any way 
affect the rights of the owners of lots on said territory, to 
compensation for delay in maldng the improvements thereon 
or loss of income while said lots remain in possession of said 
city. Approved April 22, 1871. 

Chap. 220 -^^ ^^"^ "^^ AUTHORIZE THE WORCESTER MANUFACTURERS' MUTUAL 
■'^' INSURANCE COMPANY TO ISSUE POLICIES UPON PROPERTY OUT OF 

THE COMMONWEALTH. 

Be it enacted, §'c., as follows : 

May issue poll- SECTION 1. The Worccstcr Manufacturers' Mutual In sur- 

cies upon prop- • . i i i • t • i • • 

erty in New aucc Company IS hereby authorized to issue policies upon 
' ' property situated in the states of New York, New Jersey 
and Pennsylvania. 

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

Approved April 22, 1871. 



1871.— Chapter 221. 583 

An Act to authorize trinity church in boston to sell land, QJi^p^ 221 

AND FOR other PURPOSES. -^ ' " 

Be it enacted,, tS'C, as follows: 

Section 1. Trinity Church in the city of Boston may Trinity church 
sell and convey, at private or public sale, the parcel of land seifiandr ™*^ 
on the easterly side of Summer street, in said Boston, upon 
which its church now stands, togetlier with the buildings 
thereon standing, and may give to the purchaser or pur- 
chasers good title, free of any trusts. 

Section 2. Before such sale, the pews in said church ^'^^^f^^^^^Xl 
and the rights in tombs under the same, shall be appraised be appraised, 
by three or more disinterested persons chosen for that pur- 
pose by the proprietors of pews, and the money arising from 
the sale of said land and buildings, shall be applied so far as 
may be necessary, to paying the debts of said corporation, 
and the appraised value of said pews and rights in tombs, 
except as hereinafter provided ; or said Trinity Church may 
make agreement with any owner or owners of rights in 
tombs for the purchase and extinguishment of said rights. 

Section 3. After paying said debts and all sums due Proceeds after 
under this act to the proprietors of said pews and rights in debt™ may be 
tombs, the money arising from said sale may be used for the "i^ase^of new 
purpose of purchasing land in the city of Boston and build- laud for church. 
ing a new church thereon, to be held upon the same trusts, 
if any, as the estate and church in Summer street are now 
held, and said corporation may make any contracts with any 
proprietors of pews in the church in Summer street, by 
which said proprietors may receive pews in such new church 
in exchange for their pews in the existing church upon such 
terms as may be agreed upon, and the pews in such new 
church not so disposed of, shall be offered for sale at public 
auction, or may be disposed of as the proprietors of said 
church shall deem expedient. 

Section 4. After the appraisal of said rights in tombs, wardens and 
or in any event if such appraisal of pews and rights in tombs owuers*of"omb3 
shall not take place within six months from the passage of J^^^j^™°^'^/^" 
this act, the wardens and vestry of said church shall give 
notice to all persons interested in each of said tombs, either 
by serving such notice upon one owner of each tomb, or by 
publishing the same for two successive weeks in at least two 
newspapers printed in the city of Boston, that all bodies and 
remains interred in tombs under said church, the same 
having become dangerous to public health, must be removed 
within three months after the service of said notice or after 
said first publication, and in case said bodies or remains shall 
not have been removed within said three months, said war- 



6S4: 1871.— Chapter 222. 

dens and vestry may at the expense of said church cause 
the same to be removed and interred in some suitable place, 
but in case the said appraisal of said rights in tombs shall 
have been made, said wardens and vestry may deduct from 
the appraised value of the tombs from which they shall have 
removed bodies as aforesaid, so much thereof as shall be 
necessary to pay the expense of such removal and of the 
purchase and preparation of suitable places for the inter- 
ment of said bodies. 
Further use of SECTION 5. The further use of the tombs under said 
ue™/^'^''" Trinity Ciiurch for interments is hereby prohibited. 

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

Approved April 25, 1871. 

ChttT). 222 ^^ -^^^ '^^ AUTHORIZE THE SELECTMEN OF ATTLEBOROUGH TO RE- 
^' MOVE CERTAIN TOMBS AND REMAINS OF THE DEAD. 

Be it enacted, §'c., as follows : 

Selectmen may SECTION 1. The sclcctmen of the towu of Attlcborough 

ofUiTdeadfrora are hereby authorized to remove the remains of the dead 

Attiebfrough.''^ from the tombs and graves in the burial ground situated on 

the easterly side of Main street, in said town, and adjacent 

to the land of the Attleborough Branch Railroad Company, 

to such other suitable burial place as they may select, or the 

relations and friends of the deceased may at their own ex- 

— to remove pcusc providc ; to rcmovc the tombs now standing on the 

wd'future'^ ^°^' prcmiscs, and to level and grade the surface of said ground, 

burials. a,j(j ^0 forbid future burials therein. 

Remains to be SECTION 2. The rcmovals aforesaid shall be made under 

fnTe^rred. '^ the supcrvisiou of the selectmen ; the remains of the dead 

shall be re-interred in a proper and suitable manner, due 

regard being had to the wishes of the relatives and friends 

Plan of new of the dcccascd ; and a plan of the ground in the burial 

fled in to°wu^ place sclccted by said selectmen, to which such remains shall 

clerk's office. \)q removcd, showing the position of all the known dead so 

removed, shall be made and filed in the office of the town 

clerk of Attleborough for future reference. The remains 

of all the dead in the said tombs and burial ground shall be 

removed, together with the headstones and monuments now 

remaining, which shall be duly replaced to indicate the now 

graves of the deceased, to whose memory they were erected. 

Removal of^re- SECTION 3. Rcmovals of remains may be made by friends 

made by friends of the dcccascd, uudcr tlic dircctiou of said selectmen, and 

of slieculfeu!"'^ subjcct to such rcsaonable restrictions as they may impose ; 

but no removals, unless at the request of the relatives or 

friends of the deceased, shall be made until a sum of money 

sufficient to defray the expense of all such removals and re- 



1871.— Chapters 223, 224, 225. 585 

interments and grading, including the cost of the place of 
burial selected as aforesaid, and the cost of advertising shall 
have been voluntarily contributed and placed at the disposal 
of said selectmen for said purposes, and until said selectmen 
shall first have given notice to all persons interested, by a 
publication of this act six successive weeks in all the weekly 
newspapers published in the county of Bristol, and by a notice 
in writing to all persons known to them as owners of tombs 
and lots in said burial ground, and residing in this Common- 
wealth. Approved April 27, 1871. 

An Act to incorporate the stockbridgk savings bank. CllClt). 223 

Be it enacted, ^'c, as follows : 

Section 1. Marshall Warner, Henry J. Dunham, and corporators. 
Charles M. Owen, their associates and successors, are hereby 
made a corporation by the name of the Stockbridge Savings Name and pur- 
Bank, to be located in the town of Stockbridge ; with all the ^°^^' 
powers and privileges, and subject to all the duties, restric- Powers and 
tions and liabilities set forth in all general laws which now 
are or may hereafter be in force applicable to institutions 
for savings. 

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

Approved April 27, 1871. 
An Act to revive the charter of the koxbury branch rail- Chap. 224 

ROAD company. 

Be it enacted, ^'c, as follows : 

Chapter seventy-five of the acts of the year eighteen hun- charter revived 

firiid coutimiccl 

dred and sixty- seven,' entitled an act to incorporate the Rox- 
bury Branch Railroad Company, is hereby revived and con- 
tinued in force, and the time for locating said railroad is 
hereby extended for two years, and for the completion of 
the same four years, from the passage of this act. 

Appraised April 27, 1871. 
An Act to authorize the city of boston to take and hold CJiai). 225 

LAND, and other PROPERTY FOR A LANDING FOR THE EAST BOS- "' 
TON FERRY BOATS. 

Be it enacted, ^'c, as follows : 

Section 1. The city of Boston is hereby authorized and ?4^*°or"*/r 
empowered to take and hold by purchase or otherwise, so cimse land for 
much of the laud, flats, docks and wharves lying easterly of uoxbufy fefr" 
Atlantic avenue and between Commercial wharf and India '^"'*'^- 
wharf, as it may deem necessary for the purposes of a land- 
ing for the East Boston ferry boats, for the erection of such 
buildings and other structures as may be necessary or suita- 
ble to such landing and for convenient access thereto : pro- 
vided, that so much of said property as cannot be obtained 



586 1871.— Chapters 226, 227, 228. 

by purchase, shall be taken by said city of Boston within 
two years from the passage of this act. 
Description of SECTION 2. The city of Boston shall within sixty days 

land taken to be . ."^ini i/? 

tiled in office of from the time when it shall take any parcel or parcels oi 
defds"° land, flats, docks or wharves under this act, file in the office 
of the register of deeds for the county of Suffolk, and cause 
to be recorded a description of the property so taken, as 
certain as is required in a common conveyance of land, with 
a statement of the purpose for which it is taken, which de- 
scription and statement shall be signed by the mayor of the 
Liability for city ; and the city of Boston shall be liaiole to pay all dam- 
amages. ^^^^ ^j^^^ shall be Sustained by any person or persons by 

reason of the taking of the property aforesaid ; such damages 
to be ascertained and determined in the manner provided 
for ascertaining and determining damages in case of laying 
out, altering or discontinuing ways within the said city of 
Boston. 

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

Approved April 27, 1871. 

ChdP 226 "^^ ■^*-'^ ^^ EXTEND THE TIME FOR LOCATING AND CONSTRUCTING 
"' THE SALISBURY RAILROAD. 

Be it enacted, S^c, as follows : 
Time for loca- The time within which the road of the Salisbury Railroad 
structfon'^ex- Company shall be located and constructed, is hereby extend- 
tended. ^^ ^^^ ^^^ jesLTS from the passage of this act. 

Approved April 27, 1871. 
Chap. 227 An Act to authorize the mutual life insurance company of 

NEW YORK TO HOLD REAL ESTATE IN THIS COMMONWEALTH. 

Be it enacted, ^'c, as folloivs : 

*5W'^o in real SECTION 1. The Mutual Life Insurance Company of New 

York is authorized to purchase and hold real estate within 

this Commonwealth to an amount not exceeding in cost five 

hundred thousand dollars, for the transaction of its business. 

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

Approved April 27, 1871. 

Chan 228 ^^ ^^'^ "^^ incorporate the Brighton branch railroad com- 
-* * pany. 

Be it enacted, Sfc, as folloivs: 

Corporators. SECTION 1. Gcorgc A. Wilson, B. Fraucis Ricker, Wil- 

liam W. Warren, their associates and successors, are hereby 
made a corporation by the name of the Brighton Branch 

Powers and 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 applicable to railroad corporations. 



1871.— Chapters 229, 230. 587 

Section 2. Said corporation may locate, construct, main- sray construct 
tain and operate a railroad with one or more tracks in the roaciTn^Brlgh- 
town of Brighton, from some convenient point on the Boston *°*^- 
and Albany Railroad at or near the Allston station ; thence 
to a point near the centre of said town, and thence to a con- 
venient point on the Boston and Albany Railroad between 
the Brighton and Newton stations. Said corporation shall 
not locate or construct its railroad across a highway or town 
way at a level therewith. 

Section 3. Said corporation may enter with its railroad or'Yniriwith°° 
upon, unite the same with and use the railroad of the Boston Boston and Al- 
and Albany Railroad Company, and said last named com- ^^^ 
pany may enter with its railroad upon, unite the same with 
and use the railroad of the corporation hereby created, sub- 
ject to the provisions of the general laws. 

Section 4. Said corporation may lease its railroad, fran- May lease road. 
chise and other property to the Boston and Albany Railroad 
Company, upon such terms as may be agreed by the direc- 
tors of said corporations respectively. 

Section 5. The capital stock of said corporation shall capital stock 

11 1 T 1 1 T 1 11 and shares. 

not be less than one hundred thousand aollars, nor more 
than two hundred thousand dollars, divided into shares of 
one hundred dollars each. 

Section (3. This act shall take effect upon its passage, To be located 

,,,,, ., , ., ., I'l 1 -I' within one year 

and shall be void unless said ranroad is located within one and constructed 
year and constructed within two years after its passage. ^ears? ^^^° 

Approved April 28, 1871. 

Ax Act to extend the charter of the people's fire insurance Qhnv) 929 

COMPANY OF WORCESTER. -^' 

Be it enacted, A'c, as follows : 

Section 1, The People's Fire Insurance Company, of charter con- 
Worcester, shall continue to be a corporation after the limitation of 
expiration of its present charter, with the same powers and ^^^^' 
privileges, and subject to the same duties, restrictions and 
liabilities, as if the act incorporating said company had con- 
tained no limitation of time. 

Section 2. Said corporation may hold real estate neces- $100,000 in real 
sary for the transaction of its business, to an amount not ^^*'**^" 
exceeding one hundred thousand dollars in cost, including 
that now held by the corporation. Apjoroved April 28, 1871. 

An Act to authorize the pigeon hill granite company of /^i^„ 9*^0 

ROCKPORT TO CONSTRUCT A WHARF AND BREAKWATER. O/tOp. ZoKj 

Be it enacted, ^"c, as follows : 

Section 1. The Pigeon Hill Granite Company of Rock- Pigeon uiii 
port is hereby authorized to construct and maintain a wharf pany mayXn- 
21 



588 1871.— Chapters 231, 232. 

Rockportf'^^ ^^ ^^(^'<^ the land of said company in Rockport, extending in a 
north-easterly direction towards, or to Colburn's point, and 
to construct a breakwater from said Colburn's point, in a 
south-easterly direction, to Bartlett's, Dodge's or Half tide 
rock, so called ; subject to the provisions of chapter one 
hundred and forty-nine of the acts of eighteen hundred and 
sixty-six, and chapter four hundred and thirty- two of the 
acts of eighteen hundred and sixty-nine, so far as the same 
are applicable. 

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

Approved April 28, 1871. 
Chan 2S1 ^^ ^^^ ^® establish the boundary line between the towns 

I- ' OF SOUTHBRIDGE AND STURBRIDGE. 

Be it enacted^ ^"c, as follows : 

Boundary line SECTION 1. The bouudary line between the towns of 
tweenVouth- Southbridgc and Sturbridge and between the points herein 
stlfrbridge. named, shall hereafter be established as follows, to wit : com- 
mencing at the stone monument standing on the present line 
north of the residence of Thomas N. Harding and running 
thence north twenty-four degrees and twenty-five minutes 
east, five thousand six hundred and eighty feet to a stone 
monument standing at the north-east corner of the Sargent" 
lot, so called, now owned by Provostus McKinstry ; thence 
east eighty-nine degrees south, seventeen hundred and fifty- 
five feet to a stone monument standing at a corner in the 
present line between said towns. 

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

Approved May 4, 1871. 

Chap. 232 ^^ ^^^ "^^ AUTHORIZE THE CONSTRUCTION OF RAILROAD TRACKS 
^' FOR PRIVATE USE IN THE TRANSPORTATION OF FREIGHT. 

Be it enacted, S)-c., as follows. ■ 

Railroads for SECTION 1. Any pcrsou or Corporation may build and 
private use. maintain a railroad track for private use in the transporta- 
tion of freight, subject to tlie provisions of this act. 
Not to be con- SECTION 2. No such track shall be connected with the 

nected with m- , „ , , , . . 

corporated rail- tracks ot a railroad corporation without the consent oi the 

roads without . • 

consent of cor- COrporatlOU. 

NoTto^be con. SECTION 3. No such track sliall be constructed across or 
structed ^ross upou a highway or town way, except with the consent of 
without consent the board of mayor and aldermen or selectmen of the city or 
of city or town, ^^^j^ ^^^ wliich such Way is located, and in a place and manner 

approved by them. Said board or selectmen may make from 
Regulations time to time such regulations in regard to the motive power 
ti°ve"owe?, to bc employed, the rate of speed to be run, and the time 

and manner of using the track, over and upon such way, as 



Chap. 233 



1871.— Chapter 233. 589 

in their judgment the public safety and convenience require, 
and may order such changes to be made in the track as are 
rendered necessary by the alteration or repair of such way. 

Section 4. If steam power is allowed to be used on such if stoam power 
track, the provisions of all general laws relating to the cross- iawrreiftin|To 
ing of ways by railroad corporations shall apply to such track to°app"f ^^^' 
and the persons or corporations operating the same. 

Section 5. Nothing contained in this act shall be con- Not authorized 
strued to authorize the taking or use of lands or other prop- fec^fwltooul,^' 
erty without the consent of the owner thereof. consent. 

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

Approved May 4, 1871. 

An Act to provide for the acquisition of title by the united 
states of. lands for light-house purposes, and to cede 
jurisdiction thereof. 

Be it enacted, §'c., as follows: 

Section 1. Jurisdiction is hereby ceded to the United cededover"and 
States over any tracts of land within this Commonwealth ^r ligiit-houses 
necessary for the purpose of erecting light-houses, beacon- ims'acquired" 
lights, range-lights or light-keepers' dwellings, when the ^'tie thereto. 
United States shall have acquired title thereto ; and if the 
agent or agents of the United States, and the person or per- 
sons owning or interested in any such tract cainiot agree 
upon the purchase or the price to be paid for their interest if prices cannot 
therein, the said agent or agents may apply by petition to' amount to" be^' 
the superior court for the county in which the tract lies, de- fl^edbyajury. 
scribing said tract, and praying to have a valuation thereof 
made by a jury, and the court, after due notice to the own- 
er or owners of such tract, 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 said tract by a jury ; and if 
any person or persons other than the owner or owners of 
such tract shall appear and claim any interest in said estate, 
the value thereof 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 Assessment of 

J . • f^ r n p y n r ^ damages as pro- 

damages in section nrty-tive oi chapter lorty-three oi the videci in g. s. 

General Statutes ; and the value aforesaid having been as-^^'^"*^' 
certained by the verdict of said jury, and said verdict ac- 
cepted and recorded l)y said court, and the amount thereof 
paid or tendered, within one month after final judgment, to 
said owner or owners or persons^ interested, together with 
their reasonable cost 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 



590 1871.— Chapter 234. 

into the treasury of this Commonwealtli for their use and 
subject to their order, the fee of said tract shall be vested in 

Proviso. the United States : provided^ always, that this Common- 

wealth shall retain concurrent jurisdiction with the United 
States in and over the premises aforesaid, so far as that all 
civil and criminal processes issuing under the authority of 
this Commonwealth may be executed on the premises so pur- 
chased, and in any buildings erected or to be erected thereon, 
in the same way and manner as if this act had not been passed ; 
and exclusive jurisdiction shall revert to and revest in this 
Commonwealth, whenever the said premises shall cease to 
be used for the purposes herein before declared ; and pro- 
vided, also, that a suitable plan of each tract purchased as 
aforesaid, shall be filed in the office of the secretary of the 
Commonwealth within one year after the title shall be ac- 
quired. 

Trial by jury SECTION 2. Thc trial by iurv providcd in the first section 

may be waived, /,,. .,*^. ''•'.fl,, . ,. 

all matters de- 01 tlus act may be waived in writing by the parties or their 
the"court. ^ couiisel, filed with the clerk at any time before trial, and all 
matters shall be heard and determined by the court, and 
judgment entered as in case of a verdict by a jury. 

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

Approved May 4, 1871. 
Chan. 234'^^ '^^^ ^^ incorporate the mount tom and easthampton rail- 

"' ROAD COMPANY. 

Be it enacted, ^'c, as follows : 
Corporators. SECTION 1. E. Thomas Sawycr, Alfred L. Strong, Seth 

Warner, their associates and successors, are hereby made a 
corporation by the name of the Mount Tom and Easthamp- 
Powers and ton Railroad Company ; with all the powers and privileges, 
duties. gj^^ subject to all the duties, restrictions and liabilities set 

forth in the general laws which now are or hereafter may be 
in force applicable to railroad corporations. 
^firoTdfrom* SECTION 2. Said corporatiou may locate, construct, main- 
Mount Tom tain and operate a railroad, with one or more tracks, com- 
orVpart°of ^^"^ menciug at or near Mount Tom station, so called, in the 
Easthampton. ^qv^^ of Northampton, or Easthampton, and running thence 
in a south-westerly direction to some convenient point in the 
Proviso. westerly part of Easthampton : provided, that said railroad 

shall not cross the track of the New Haven and Northamp- 
ton Company, except by passing over or under the grade 
thereof, and if over the grade thereof, so as to leave a clear 
space of not less than eighteen feet above said track. Said 
corporation is also empowered to locate, construct, maintain 
and use one or more branch tracks, commencing at couve- 



1871.— Chapter 235. 591 

nient points on the main line and extending to manufactur- 
ing and mechanical establishments not more than one mile 
distant from the main line. 

Section 3. Said corporation may enter with its railroad Jfay unite with 

. , .r, - •', •! 1 f ii /^ Connecticut 

upon, unite the same with, and use the railroad oi tlie (Jon- luver Kaiiroad. 
necticut River Railroad Company and the last named com- 
pany may enter with its railroad upon, unite the same with 
and use the railroad of the corporation hereby created, sub- 
ject to the provisions of the general laws. Said corporation 
may enter with its railroad upon, unite the same with, and 
use the railroad of the New Haven and Northampton Com — New Haven 
paiiy, and said last named company may enter with its rail fon itanrVad"^" 
road upon, unite the same with, and use the railroad of the 
corporation hereby created, with the consent in writing of 
said corporations respectively obtained. 

Section 4. The capital stock of said corporation shall not capital stock 
exceed one hundred thousand dollars, nor be less than forty ^" 
thousand dollars, and shall be divided into shares of one 
hundred dollars each. 

Section 5. Said corporation may lease its railroad to any May lease road, 
railroad corporation with whose road it may connect, upon 
such terms as may be agreed upon. 

Section 6. This act shall take effect upon its passage, robe located in 
and shall be void unless the said railroad is located within constructed in 
two years and constructed within three years after the pas- tiiree years, 
sage of this act. Approved May 4, 1871. 



Chap. 235 



An Act to incorporate the Massachusetts medical benevo- 
lent SOCIETY. 

Be it enacted, Sfc, as folloivs : 

Section 1. George C. Shattuck, Henry W. Williams, corpqfators. 
George H. Lyman, their associates and successors, are here- 
by made a corporation by the name of the Massachusetts Name and pur- 
Medical Benevolent Society, to be located in Boston, for the ^°^*^' 
purpose of affording pecuniary assistance to members of the 
medical profession, their widows and children ; with all the Powers and 
powers and privileges, and subject to all the duties, restric- '^'^*^®^* 
tions and liabilities set forth in the sixty-eighth chapter of 
the General Statutes, and all acts in addition thereto. 

Section 2. Said corporation may hold real and personal f^^jfj^i estite.^'^' 
estate not exceeding in value the sum of fifty thousand dol- 
lars. 

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

Approved May 4, 1871. 



592 1871.— Chapters 236, 237. 

ChCip. 236 -^^ ^^"^ "^^ ^I^ THE SALARIES OF THE COMMISSIONERS OF HAMPSHIRE 

COUNTY. 

Be it enacted, ^'c, as follows : 
foin'tycommis- SECTION 1. The commissioiiers aiid special commissioners 
sioners of of Hampshire county, shall receive, from the treasury of said 
county. ""^^ county, from and after January first, eighteen hundred and 
seventy-one, in equal serai-annual payments in January and 
July, in full payment for all their services and travel payable 
as now provided by law, the suua of sixteen hundred dollars. 
Repeal. SECTION 2. All acts and parts of acts inconsistent here- 

with are repealed. 

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

Approved May 5, 1871. 



ChajK 237 



An Act concerning the assessment of land damages in the 

city of worcester. 
Be it enacted, S,'c., as follows: 

Application for SECTION 1. Applications for a iury to revise the doings of 

jury for assess- , , , \ '^ . c 2\ j i j 

ment of dama- the couuty comuiissioners, or or the mayor and aldermen or 
fut.^&c^jiifh- ^^^y council of the city of Worcester, in the assessment of 
^e?ter\°o be°' damages occasioned by the laying out, locating anew, alter- 
madetosupe- ing Or discontinuing of any highway, street or way within 

rior court with- -j -. i j r • a ■ • ±^ j 

in one year, &c. saiQ City, or by ail Order tor specinc repairs, or in the award 
of indemnity, shall be made by petition to the superior court 
at any term thereof which shall be held within the county of 
Worcester, within one year after the passage of the order or 
proceeding upon which the application is founded, or within 
one year after the final determination of any suit wherein the 
legal effect of the order or proceeding is drawn in question ; 
and thereupon said court shall, after due notice to the county 
or 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. 
Application for Section 2. Applications for a jury within said city under 
i"'^"§ 20, and the provisions of section twenty of chapter forty-four of the 
G. s. 48, § 6. General Statutes, or of section six of chapter forty-eight of 
the General Statutes, and in all other cases in which parties 
may apply for a jury to revise the doings of the county com- 
missioners, or of said mayor and aldermen or city council 
within said city, in the assessment of damages, or in assess- 
ing upon real estate any expenditure by said city, for sewers 
and drains, shall be made to the superior court in the man- 
ner provided in the preceding section, and within the time 
and upon the terms now limited by law. 
Applications for SECTION 3. All applications for a sheriff's iury now pend- 
now pending ing bcfore the county commissioners for the county of Wor- 



1871.— Chapters 238, 239, 240. 593 

cester for any cause within said city, shall be transferred, eommis^ionlrs 
with the papers therein, into the superior court for said to be trans- 
county, and the matter of such complaints shall be heard rior*court!"^^' 
and tried in said court in the manner provided in section 
one of this act. 

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

Approved May 5, 1871. 



Chap. 238 



An Act concerning suits against executors and adminis- 
trators. 
Be it enacted, ^'c, as folloics : 

Section 1. Section nine of chapter ninety-seven of the Amendment to 
General Statutes is hereby amended by adding at the end ^' '^^ ^^' ^ ^' 
thereof as follows, to wit : — or, if an appeal is taken from the 
decision of the probate court, in an action commenced with- 
in one year after the final determination of the proceedings 
on the appeal. 

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

Approved May 5, 1871. 



Chap. 239 



An Act concerning notices of non-acceptance or non-payment 

of negotiable instruments. 
Be it enacted, ^r., as follows : 

Section 1. Whenever a party to any promissory note. Notices of non- 
bill of exchange or other negotiable instrument, is entitled non-pa>^ent'of 
to notice of non-acceptance or non-payment of the same, and s\'rumei!t's'i may 
such instrument is payable, or to be accepted, or is legally be sent by mail, 
presented for payment or acceptance in any city or town ; 
and such party has his residence or place of business in said 
city or town ; or where, for any other reason, a notice given 
to such party in said city or town would be sufficient, such 
notice may be given by depositing the same, with the postage 
thereon prepaid, in any post-ofiice in said city or town, suffi- 
ciently directed to the residence or place of business of the 
party for the usual course of mails within the limits of said 
city or town, and for the usual course of delivery by postal 
carriers. 

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

Approved May 5, 1871. 

An Act allowing a change of venue in capital cases. Chap. 240 

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

Section 1. In capital cases, upon the petition of the de- s. j. c.mayor- 
fendant, the supreme judicial court may order a change of venuelncifpVai 
venue to any county adjoining the county in which the in- cases upon petj- 

j- .. i. c J 1 • .1 • • /. ,1 ^ tion of defend- 

dictment was found, whenever in the opunon of the court an ant. 
impartial trial cannot be had in the county where the cause 
is pending ; and on such order, the said court shall have full 



594 1871.— Chapter 241. 

jurisdiction in the premises in the county to which such 
change may be made. All other proceedings in such cause 
shall be the same, as near as may be, as if the said indict- 
ment had been originally entered in such adjoining county 
according to the provisions of existing law. 
Clerk in county SECTION 2. Upou the cutry of sucli Order on the docket, 

where indict- ,^ ■, , n ■, •t"'., ., ,' 

mentis pending the clcrk 01 the suprcme judicial court in the county where 
pers'^to'cTerk^^ the iudictmcnt is pending, shall forthwith transmit the origi- 
dmnged.*^""^ ** ^^^^ indictment, with the papers in the cause and a duly certi- 
fied copy of said order, to the clerk of the supreme judicial 
court for the county to which the venue may be changed ; 
and it shall be the duty of the clerk receiving the indictment 
so transmitted to make immediate entry of the said cause 
upon the docket of the supreme judicial court for such 
county. 
District-attor- SECTION 3. The district-attomcy for the county in which 

ney to prosecute ,.,. nii i -i i- 

asthough venue the indictmeut was lound, whenever the venue is changed in 
changed. ^^^ accordancc with the provisions of this act, shall have the 

same authority in the cause that he would have had if the 

venue had not been changed. 
Custody of per- SECTION 4. Whenever a change of venue is ordered un- 

son chjirffoci to ^ 

be transferred dcr tlio provisioiis of tliis act, it shall be the duty of the 
count''yto which sheriff having custody of the person charged, to forthwith 
changed. transfer and deliver such person to the sheriff of the county 

to which the venue may have been changed, and it shall be 
the duty of the sheriff of such last mentioned county to re- 
ceive and safely keep such person, in the same manner and 
subject to the same provisions of law as if such person were 
originally indicted within his precinct. 

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

Approved May 5, 1871. 



Chap. 241 



An Act to establish the fees of coroners. 
Be it enacted, ^'c, as follows: 
Coroners' fees. SECTION 1. The fees of coroucrs for the services herein- 
after mentioned sliall be as follows : for granting a warrant 
and taking an inquisition on a dead body, five dollars ; and 
if attendance is required more than one day, four dollars for 
each day after the first ; if a view only is taken, and no in- 
quest is held, four dollars ; which fees shall be paid by the 
state or county, agreeably to the provisions of section four- 
teen of chapter one hundred and seventy-five of the General 
Statutes ; but if the inquisition or view is upon more than 
one body at the same time, no additional fees shall be allowed. 
For other services, fees allowed to sheriffs for like services. 



1871.— Chapters 242, 243, 244. 595 

Section 2. For travel for holding an inquisition or view, ^°"^fa^°/f*^°" 
there shall be allowed five cents per mile each way, and for 
use of horse and carriage there shall be allowed for neces- 
sary travel, fifteen cents per mile one way. 

Section 3. Section fourteen of chapter one hundred and pi^S*f"om coun- 
seventy-five of the General Statutes is so far amended that ty treasuries 
the expenses therein referred to shall be paid from the county i,y tue' state. 
treasuries if called for within one year from the time the 
account is audited and the county treasuries shall be reim- 
bursed from the state treasury for all sums so paid when- 
ever a certificate of the county treasurer stating the amount 
actually paid out shall be filed with the state treasurer. 

Section 4. Section six of chapter one hundred and fifty- Repeal, 
seven of the General Statutes is hereby repealed. 

Approved May 5, 1871. 

An Act to change the name of the blackstone athen^um. Chap. 242 
Be it enacted, §'c., as follows: 

Section 1. The Blackstone Athen^um, in the town of ^^^"^ *=^*°sed. 
Blackstone, shall hereafter be called and known as the 
Blackstone Athen^um and Library Association. 

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

Approved May 5, 1871. 
An Act to legalize the acts and doings of the town meeting 

held in MONSON APRIL THIRD, EIGHTEEN HUNDRED AND SEVENTY- 
ONE. 

Be it enacted, ^'c, as follows : 

Section 1. The acts and doings of the town meeting Doings of town 
held in the town of Monson, on the third day of April, Monsol/con- 
eighteen hundred and seventy-one, are hereby made legal to ^'™^'^- 
the same extent that they would have been had the check 
list been used in the election of moderator of said meeting. 

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

Approved May 5, 1871. 

An Act to incorporate the woronoco savings bank in west- nj^ri^ 04.4 

FIELD. .^ 

Be it enacted, cVc, as follows: 

Section 1. Samuel Horton, Lewis R. Norton, James H. corporators. 
Morse, Edward B. Gillett, their associates and successors, 
are hereby made a corporation by the name of the Worono- 
co Savings Bank, to be located at Westfield ; with all the 
powers and privileges, and subject to all the duties, liabili- Powers and 
ties and restrictions set forth in all the general laws which 
now are or may hereafter be in force applicable to institu- 
tions for savings. 

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

Approved May 5, 1871. 
22 



Chap. 243 



596 



1871.— Chapter 245. 



Chap. 245 

May convey 
water from 
Sucker Brook 
through town 
of Arlington. 



May take real 
estate, &c. 



To file in regis- 
try of deeds, 
description of 
land taken. 



May build aque- 
ducts, dams, 
hydrants, &c. 



Liability for 
damages. 



An Act relating to the Arlington lake avater company. 

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

Section 1. The Arlington Lake Water Company may 
take, hold and convey into and through the town of Arling- 
ton, the waters of Sucker Brook and the tributaries thereof, 
of the springs, brooks and watershed of the meadows lying 
near said Sucker Brook and its tributaries, of the Great 
Meadows lying in the easterly part of the town of Lexing- 
ton, from Lewis' Mills or any point westerly of said mills, 
for the purpose of collecting and securing a supply of pure 
water for the inhabitants of the town of Arlington. 

Section 2. Said corporation may take and hold, by pur- 
chase or otherwise, such real estate as may be necessary for 
collecting and securing such supply of water and preserving 
the purity thereof; and may also take and hold in like man- 
ner such lands as may be necessary for erecting and main- 
taining dams and reservoirs, and for laying and maintaining 
conduits, pipes, drains and other works, for collecting, con- 
ducting and distributing such waters through said town of 
Arlington. The said corporation shall, within sixty days 
from the time of taking any land as aforesaid, file in the 
registry of deeds for the southern district of the county of 
Middlesex, a description of land so taken, sufficiently accu- 
rate 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 hy- 
drants, and may distribute water through the town of Ar- 
lington by laying down pipes, and may establish the rent 
therefor. Said corporation may also, for the purposes afore- 
said, carry its pipes and drains over or under any water- 
course, street, railroad, highway or other way, in such man- 
ner as not to obstruct the same ; and may enter upon and 
dig up any road under the direction of the town of Arling- 
ton, in such manner as to cause the least hindrance to the 
travel thereon 

Section 4. The said corporation shall be liable to pay 
all damages that shall be sustained by any persons in their 
property by the taking of any land, water, or water rights, 
or by the constructing of any aqueducts, reservoirs or other 
works for the purposes aforesaid. If any person who shall 
suffer damage as aforesaid, cannot agree with said corpora- 
tion 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 



1871.— Chapters 246, 247. 597 

the taking of land, water, or water rights, for the purposes 
aforesaid, shall be paid for, or such payment be secured by 
a sufficient guaranty before entering upon such land, water, 
or water rights ; said guaranty to be such as shall be direct- 
ed by the supreme judicial court, or any one of the justices 
thereof either in term time or vacation : provided, hoivever, Proviso, 
that if the franchise and property of said corporation shall 
be purchased by the town of Arlington as herein is provided, 
such previous payment or guaranty shall not be required to 
be made or given. 

Section 5. The provisions of this act are in addition to fon^austatef" 
the powers now held by said corporation. The said corpora- 
tion may hold, for the purposes aforesaid, real and personal 
estate to an amount not exceeding one hundred and fifty 
thousand dollars. 

Section 6. The town of Arlington may at any time after purchlse\™n^ 
the passage of this act, purchase of said corporation its fran- ^J.'^^e and prop- 
chise and property, in the manner provided in chapter 
ninety-three of the acts of the year one thousand eight hun- 
dred and seventy. 

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

Approved May 5, 1871. 

An Act to incorporate the ashburnham savings bank. Chap. 246 

Be it enacted, §'c., asfolloics: 

Section 1. George C. Winchester, Ohio Whitney and corporators. 
G. H. Barrett, their associates and successors, are hereby 
made a corporation by the name of the Ashburnham Savings 
Bank, to be located in the town of Ashburnham ; with all 
the powers and privileges, and subject to all the duties. Powers and 
restrictions and liabilities set forth in all general laws which 
now are or may hereafter be in force, applicable to institu- 
tions for savings. 

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

Approved May 5, 1871. 



Chap. 247 



An Act to authorize amos w. mooney to extend his wharf in 
newburyport. 

Be it enacted, ^'c, as fuUotvs : 

Section 1. License is hereby given to Amos W. Mooney May extend 
to extend his wharf on the Merrimack River, in Newbury- buryport. 
port, known as the Gunnison wharf; the extent, width and 
materials of such extension to be determined by the harbor 
commissioners, subject to the provisions of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hundred 
and sixty-six, and chapter four hundred and thirty-two of 



598 



1871.— Chapters 248, 2-19. 



the acts of the year eighteen hundred and sixty-nine, so far 
as the same are applicable. 

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

Approved May 5, 1871. 

An Act to incorporate the forest river railroad company. 
Be it enacted^ §t., as follows : 

Section 1. Henry P. Pitman, John P. Harris, Samuel 
Sparhawk, their associates and successors, are hereby made 
a corporation under the name of the Porest River Railroad 
Company ; with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities set forth in the gen- 
eral laws which now are or hereafter may be in force relat- 
ing to railroad corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad with one or more tracks, in the 
city of Salem, from some convenient point on the main line 
of the Eastern Railroad, about three-fifths of a mile south- 
westerly from the bridge over the same at Castle Hill, to 
some convenient point on the Marblehead branch of the 
said Eastern Railroad northerly from its intersection with 
the Porest River road. 

Section 3. Said corporation may enter with its railroad 
upon, unite the same with and use the railroad and branch 
of the Eastern Railroad Company, and said last named com- 
pany may enter with its railroad and branch upon, unite the 
same with and use the railroad of the corporation hereby 
created, subject to the provisions of the general laws. 

Section 4. Said corporation may lease its railroad, fran- 
chise and other property to the Eastern Railroad Company, 
upon such terms as may be agreed by the directors of said 
corporations respectively. 

Section 5. Tlie capital stock of said corporation shall 
not be less than ten thousand dollars nor more than twenty- 
five thousand dollars, divided into shares of one hundred 
dollars each. 

Section 6. This act shall take effect upon its passage ; and 
shall be void unless said railroad is located within one year, 
and constructed within two years after its passage. 

Approved May 5, 1871. 

An Act for supplying the town of leominster with pure 

water. 

Be it enacted, §'c., as follows : 
Leominster SECTION 1. The town of Leominstcr is hereby authorized 

habitants with to supply itsclf and its inhabitants with pure water to extin- 
pure water. guigi^ fires, generate steam, and for domestic and other 



Chap. 248 

Corporators. 



Powers and 
duties. 



May construct 
railroad 
from Eastern 
Railroad to the 
Marblehead 
branch. 



May unite with 
Eastern Kail- 
road. 



May lease to 
Eastern Rail- 
road. 



Capital stock 
and shares. 



To be located 
within one year 
and constructed 
within two 
years. 



Chap. 249 



1871.— Chapter 249. 599 

uses ; and may establish public fountains and hydrants, and 
regulate their use, and may discontinue the same, and may 
fix and collect rents for the use of such water. 

Section 2. Said town, for the purposes aforesaid, may May take water 
take and hold the waters of Chualoom pond, situated in pond.^''"^°'*"" 
Lunenburg and Leominster, or such natural water sources 
within its own limits as will give a sufficient supply of water ; 
and may also take and hold all necessary land for raising, 
holding and preserving such water, and conveying the same to 
any and all parts of said town ; and may erect thereon 
proper dams, buildings, fixtures and other structures, and 
make excavations and procure and run machinery therefor ; 
and for that purpose may construct and lay down conduits. May lay down 
pipes and drains under or over any water-course or railroad, diains, &c. 
and along any street, highway, or other way, in such man- 
ner as not to obstruct the same ; and for the purpose of 
constructing, laying down, maintaining and repairing such 
conduits, pipes and drains, and for all other proper purposes 
.of this act, may dig up any such street, highway or other 
way ; bu^^all things done upon or under any street, highway 
or other way, shall be subject to the direction of the select- 
men of the town where situated : provided, that within sixty Proviso, 
days after the time of taking any land or water sources, as 
aforesaid, said town shall file in the registry of deeds for the 
county of Worcester, a description thereof, sufficiently accu- 
rate for identification, with a statement of the purpose for 
which the same is taken. 

Section B. Said town shall be liable to pay all damages Liability for 
sustained by any persons in their property by the taking of *^'^°^^ses. 
any land, water, water sources, or water rights, or by the con- 
struction of any aqueducts, reservoirs or other works for the 
purposes aforesaid. If any person sustaining damages as 
aforesaid, cannot agree with the town upon the amount of 
such damages, he may have them assessed by the county 
commissioners for the county of "Worcester, by making a 
written application therefor within two years after the taking 
of such land or water sources, or other injury done as afore- 
said, under this act ; and if either party be aggrieved by the 
doings of said commissioners in the estimation of said dam- 
ages, he or ihey may have said damages settled by a jury, 
and i-aid commissioners and jury shall have the same powers, 
and the proceedings in all respects shall be conducted in the 
same manner as is provided by law with respect to damages 
for land taken for highways. 

Section 4. For the purpose of paying all necessary ex- Leominster 
penses and liabilities incurred under the provisions of the ^^*"^°°'^*' 



600 



1871.— Chapter 250. 



Powers may be 
exercised by 
town agents. 



Penalty for di- 
verting water 
or corrupting 
the same. 



"When to talce 
effect. 



Chap 



Shoal to be 
dredged oppo- 
site draw-way 
of West Boston 
bridge. 



act, said town may issue bonds, signed by its treasurer, and 
denominated " Leominster Water Bonds," to an amount 
not exceeding five per centum of its valuation, payable at 
perio^Js not exceeding thirty years from the date thereof, 
with interest payable semi-annually at a rate not exceeding 
seven per centum per annum ; and said town may sell said 
bonds at public or private sale, upon such terms and condi- 
tions as it may deem proper ; and may raise money by taxa- 
tion to pay said bonds and interest when due ; but said town 
shall not raise more than five thousand dollars in any one 
year to pay the principal of said bonds, except the year on 
which the same may become due, and all money raised for 
the purpose of paying said principal before the same is due, 
shall be held and invested by said town as a sinking fund for 
the payment of such principal. 

Section 5. The rights, powers and privileges hereby 
granted, may be exercised by such officers, agents and ser- 
vants as said town shall elect or employ, who shall act in 
accordance with the votes of said town. 

Section 6. Any person who shall maliciously divert the' 
water, or any part thereof, taken and used under the provi- 
sions of this act, or who shall maliciously corrupt the same, 
or render it impure, or who shall maligiously destroy or 
injure any dam, aqueduct, pipe or hydrant, or other prop- 
erty, real or personal, held, owned or used by said town for 
the purposes of this act, shall pay three times the actual 
damages to said town, to be recovered by 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 7. This act shall take effect upon its passage, 
but nothing shall be done, nor any expenditure made or 
liability incurred under the same, except for preliminary 
surveys and estimates, unless the town within two years, at 
an annual meeting, by a vote of two-thirds of the legal 
voters present, using the check-list, and voting thereon, shall 
have determined to avail itself of the provisions thereof. 

Approved May 5, 1S71. 

250 -^^ ^^^ ^^ ADDITION TO AN ACT RELATING TO WEST BOSTON AND 

CRAGIE BRIDGES. 

Be it enacted, <^c., as folloios : 

Section 1. The commissioners designated in the sixth 
section of chapter three hundred and two of the acts of the 
year eighteen hundred and seventy, are herel)y authorized, 
lor the purpose of preparing the location of a new draw iu 



18T1.— Chapter 251. 601 

the "West Boston Bridge, to cause to be dredged away a shoal 

opposite tlie south-westerly opening of the present draw-way 

in said bridge, to such an extent as the harbor commissioners 

shall prescribe, the expense of which dredging shall be borne 

in the same manner as the expense of constructing said new 

draw; and the cities of Boston and Cambridge shall main- ^"^to"?.^""^ 

tain the depth of water secured by such dredging, in the maTntaiif depth 

same manner and according to the same terms and propor- taiiied'by°such 

tions as they are required by said act to maintain, support, dredging. 

manage and keep in repair the bridges and draws therein 

mentioned. 

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

Approved May 5, 1871. 

An Act to incorporate the ashburnham railroad company. Chap.25\ 
Be it enacted, S^c, as follows : 

Section 1. George C. Winchester, Ohio Whitney, George corporators. 
H. Barrett, their associates and successors, are hereby made 
a corporation by the name of the Ashburnham Railroad Com- 
pany ; with all the powers and privileges, and subject to all ^'^7^^^ ^^^ 
the duties, liabilities and restrictions set forth in the general 
laws which now are or hereafter may be in force applicable 
to railroad corporations. 

Section 2. Said corporation may locate, construct, main- ^'^i'?;*"'*'/™'" 
tain and operate a railroad, with one or more tracks, from a centre to junc- 
convenient point at or near Ashburnham Centre, thence and ve^.'^and"^^ 
within said town of Ashburnham to a convenient point at or fj^^^ ^^^^' 
near the junction of the Cheshire and the Vermont and 
Massachusetts Railroads. 

Section 3. Said corporation may enter with its railroad cSirre^ni*^'* 
upon, unite the same with and use the railroads of the R^Hroads^^*" 
Cheshire Railroad Company and the Vermont and Massa- 
chusetts Railroad Company, or either of them ; and said last 
named corporations, respectively, may enter with their rail- 
roads upon, unite the same with and use the railroad of the 
corporation hereby created, subject to the provisions of the 
general laws. 

Section 4. Said corporation may lease its railroad, fran- May lease road, 
chise and other property to either of the corporations named 
in the preceding section, upon terms agreed by the directors 
of the contracting corporations, and approved by a majority 
of the votes at meetings of their stockholders called for that 
purpose. 

Section 5. The capital stock of the corporation shall not ^^§"ghar*°"'^ 
be less than one hundred thousand dollars nor more than 
three hundred thousand dollars, divided into shares of one 
hundred dollars each. 



602 1871.— Chapters 252, 253, 254. 

Location and SECTION 6. Said railroad shall be located within two 
years and constructed within three years after the passage 
of this act. 

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

Approved May 5, 1871. 

ChOt). 252 -^^ -^^^ '^'^ RATIFY CERTAIN PROCEEDINGS OF THE CHEMICAL FIRE 
"' EXTINGUISHER COMPANY. 

Beit enacted, §c., as follows: 
Proceedings SECTION 1. The acts and proceedings of the stockholders 

firmed. of the Chcmical Fire Extinguisher Company, a corporation 

established in Northampton, in changing the name of the 
corporation to New England Fire Extinguisher Company, 
and all other acts and proceedings of said corporation, so far 
as the same may have been made invalid by acting under 
said new name, are hereby ratified and confirmed, and said 
corporation shall hereafter be known by the name of New 
England Fire Extinguisher Company, and all conveyances 
made to said corporation by the name of New England Fire 
Extinguisher Company shall have the same force and effect 
as if made to it by the name of Chemical Fire Extinguisher 
Company. 

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

Approved May 5, 1871. 

Chat). 253 -^^ -^^^ '^^ AUTHORIZE THE WORCESTER AND NASHUA RAILROAD 

* ' COMPANY TO HIRE THE ROAD OF THE NASHUA AND ROCHESTER 

RAILROAD COMPANY. 

Be it enacted, §'c., as follows: . 
worcester^and SECTION 1. The Worcester and Nashua Railroad Com- 
road may hire pauy is hereby authorized to hire the road, franchise and 
RocheTter'Rau- othcr property of the Nashua and Rochester Railroad Com- 
Hampshh-e^ pany, of Ncw Hampshire, for a term of years, on such terms 
and conditions as may be agreed upon by the directors of 
said corporations, and after the same shall have been ap- 
proved and accepted by a majority of the votes at meetings 
of the stockholders of said corporations, respectively, called 
for that purpose . 

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

Approved May 5, 1871. 

ChttV 254 -^^ ^^^ ^^ EXTEND THE TIME FOR ORGANIZING THE MARBLEHEAD 

* ' AND LYNN RAILROAD COMPANY AND FOR LOCATING ITS ROAD. 

Be it enacted, f\'c., as follows: 

Time for organ- xhc time for Organizing tlic Marblehead and Lynn Railroad 
ingfx^ended. Company and filing the location of its road, is hereby ex- 
tended two years from the passage of this act. 

Approved May 5, 1871. 



1871.— Chapters 255, 256, 257. 603 

Ax Act to authorize the Williamsburg reservoir company to (7/^^y 255 

CONSTRUCT ADDITIONAL RESERVOIRS AND FOR OTHER PURPOSES. J ' 

Be it enacted^ iVc, as follows : 

■ Section 1. The Williamsburg Reservoir Company is Mav construct 
hereby authorized and empowered to construct and main- servoirs. 
tain an additional reservoir or reservoirs on Mill River, or 
any branch or stream tributary thereto, in the tovs^n of Wil- 
liamsburg, for the supply of mills situated on said river, 
subject to the provisions of chapter one hundred and fifty of 
the acts of the year eighteen hundred and sixty-five. 

Section 2. Said corporation may hold real and personal foa^au"tatr' 
estate neces&ary and convenient for the purposes aforesaid, 
and the capital stock thereof may be increased to an amount 
not exceeding fifty thousand dollars in addition to the 
amount novr authorized by law. 

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

Approved May 5, 1871. 

An Act to authorize the tremont and Suffolk mills to enter njid^ 256 

INTO contract for MUTUAL INSURANCE, WITH OTHER CORPORA- ^' 

TIONS. 

Be it enacted, §t., as follows : , 

Section 1. The corporation known as the Tremont and comracffor"*" 
Sufiblk Mills, in the city of Lowell, is hereby authorized and mutual insur- 

RUC6 witii otlicr 

empowered to enter into contract for mutual insurance with corporations. 
the other associated corporations, as provided in chapter 
sixty-five of the acts of the year one thousand eight hundred 
and fifty. 

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

Approved May 6, 1871. 
An Act to incorporate the Plymouth county railroad com- Ckcip. 257 

PANY. -^ 

Be it enacted, §r., as foliates : 

Section 1. David Whiton, Andrew C. Gushing, Amasa corporators. 
Whiting, James M. Jacobs, Samuel Downer, E. T. Fogg, 
Henry Newlin, Alexis Torrey, H. Farnham Smith, John 
Federhen, George F. Pinkham, Everett Torrey, their associ- 
ates and successors, are hereby made a corporation by the 
name of the Plymouth County Railroad Company ; with all 
the powers and privileges, and subject to all the duties, re- Powers and 
strictions and liabilities set forth in the general laws v/hich 
now are or hereafter may be in force applicable to railroad 
corporations. 

Section 2. Said corporation may locate, construct, main- Railroad from 

'^outh Scitua,t6 

tain and operate a railroad with one or more tracks, from a tooidcoiony 
point near the town house in the town of South Scituate, ''°'^^'^'''p°'"' 

23 



601 



1871. — Chapter 257. 



llailroad in 
Quincy, 



May be con- 
structed in two 
sections. 



May unite first 
section with 
Sou til Shore 
RaUroad. 



May unite sec- 
ond section 
with O. C and 
Newport Rail- 
way. 



Proviso. 



May lease road 



Cajiital stock 
and shares. 



Proviso. 



through the towns of South Scituate, Hanover, Hingham, 
Weymouth and Quincy, to a point on the Old Colony and 
Newport Railway between the Quincy and Wollastdn sta- 
tions in Quincy, crossing the South Siiore Railroad at grade 
and Weymouth Back River and Weymouth Fore River or 
either of said rivers. 

Section 3. The said corporation may locate and construct 
its railroad in two sections ; one from South Scituate to a 
point of connection with the South Shore Railroad in Hing- 
ham or Weymouth, the other from some point on said South 
Shore Railroad, to a point of connection with the Old Colony 
and Newport Railway in Quincy as aforesaid. And said 
corporation may, with the assent of the South Shore Rail- 
road Company, use any portion of said South Shore Railroad 
to connect its two sections. Said corporation, upon the com- 
pletion of said first named section, may enter with its road 
upon, unite the same with, and use the railroad of the South 
Shore Railroad Company, and said last named company may 
enter with its railroad upon, unite the same with, and use 
the railroad of the corporation hereby created ; and upon 
the completion of sai(^ second named section, said corpora- 
tion may enter with its road upon, unite the same with, and 
use the railroad of the Old Colony and Newport Railway 
Company, and said last named company may enter with its 
road upon, unite the same with, and use the railroad of the 
corporation hereby created, subject to the provisions of the 
general laws. But if the latter connection is made, then 
the right to enter upon, unite with and use the railroad of 
the South Shore Railroad Company shall cease ; but the 
right of the South Shore Railroad Company to enter upon, 
unite with and use the road of said corporation shall remain. 
Section 4. Said corporation may lease its railroad, or 
either section of the same, to the South Shore Railroad Com- 
pany, or to the Old Colony and Newport Railway Company. 
Section 5. The capital stock of said corporation shall be 
four hundred thousand dollars, divided into shares of one hun- 
dred dollars each, and said corporation may receive subscrip- 
tions for the construction of each of the above-named sections 
of its road separately, and when the sum of two hundred 
thousand dollars shall have been subscribed for said first sec- 
tion, said corporation may proceed to build the same ; and 
when the like sum of two hundred thousand dollars shall 
have been subscribed for said second section, said corpora- 
tion may 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 Common- 



1871.— Chapters 258, 259. 605 

wealth, subscribed and sworn to by the president and a ma- 
jority of the directors of said company, stating that all the 
stock named above for the section they purpose to build, has 
been subscribed by responsible persons, 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 
provided^ further^ that the said second section shall not be Proviso, 
commenced until said corporation has actually expended at 
least twenty thousand dollars upon the construction of said 
first section of its railroad. 

Section 6. This act shall take effect on its passage ; Location and 

• coiistructioii 

and shall be void unless the first section of said railroad is 
located within two years and constructed within four years 
after its passage. Approved May 6, 1871. 



Chap. 258 



An Act to amend an act to regulate the fisheries in taunton 

GREAT RIVKR AND NEWMASKET RIVER. 

Be it enacted, ^'c, as follows : 

Section 1 . So much of the fifth section of chapter four Repeal of por- 
hundred and one of the acts of the year eighteen hundred tio'i°fi855,4oi, 
and fifty-five as provides that no shad or alewives shall be 
taken in Taunton Great River above Berkley and Dighton 
bridge, between the hours of twelve o'clock in the night fol- 
lowing Thursday of each week and four o'clock on Monday 
morning succeeding, from the first day of March to the tenth 
day of June in each year, including both of said days, is 
hereby repealed. 

Section 2. Whoever catches any shad or alewives either Penalty for tak- 
in the Newmasket or Taunton Great River at any other sea- L'lfwiv'es.Tx- 
son of the year than between the first day of March and the Mardf iTnd 
fifteenth day of June, shall forfeit for each shad five dollars, June is. 
and for each alewife twenty-five cents. 

Section 3. This act shall take effect from and after the 
first day of July next. Approved May 9, 1871. 



Chap. 259 



An Act to authorize the city of boston to extend Atlantic 

AVENUE. 

Be it enacted, ^c, as follows : 

Section 1. The city of Boston, through its proper author- Boston may 
ities for laying out and altering streets, is hereby authorized Avenue over 
to lay out and build a street or streets over tide-waters be- tide-waters. 
tween the southerly end of Atlantic Avenue at Rowe's wharf, 
as now laid out, following the curve in Broad street from 
said Rowe's wharf to Packard's or Fort hill wharf, and from 
thence across the wharves and docks to Federal street bridge 
on the easterly side thereof, or to such other points north of 



603 1871.— Chapters 260, 261, 262. 

the aforesaid bridge as said authorities may determiiio ; with 
liberty to widen said Federal street bridge to a sufficient 
Proviso. width for the additional travel over the same : provided, 

that said avenue shall be so constructed that the outer line 
thereof shall be at least three hundred feet distant from the 
commissioners' line on the northerly side of Fort Point 
channel. 
^:^endw™an-es SECTION 2. The owucrs of wharvcs crossed by the said 
to commission- extcnsiou of Atlantic avenue may extend their said wharves 
to the commissioners' line : provided, they so build out with- 
in two years from the laying out of said addition to Atlantic 
avenue. 

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

Approved May 9, 1871. 

Chap. 260 An Act for the protection of quail on the island of nan- 
tucket. 
Be it enacted, S,'c., as follows : 

kiii"idon*Nan-*^ SECTION 1. Whocver, after the passage of this act, shall, 

^"^cket_before prior to the fifteenth day of October, one thousand eight 

hundred and seventy-four, take or kill any quail on the 

island of Nantucket, shall forfeit for every such bird so taken 

or killed, twenty-five dollars. 

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

Approved May 9, 1871. 
Chop. 261 -^^ ^^'^ "^o ajiend an act for the protection of trout in nye's 

^ * POND, IN sandwich. 

Be it enacted, Sfc, asfoUotvs: 
tm^n^^^^ *° Chapter ninety-four of the acts of the year one thousand 
eight Imndred and sixty-two, is hereby amended, by insert- 
ing in the third line thereof, after the word " called," the 
words " or in said Jeremy's creek, between the point where 
said stream enters the said creek and the point where the 
said creek empties into Scorton harbor, in the town of 
Sandwich." Approved May 9, 1871. 

Chap. 262 An Act in relation to unclaimed dividends and deposits not 

BEARING interest IN SAVINGS BANKS 

Be it enacted, Sfc, as follows : 
noti^v"depo°i- SECTION 1. The treasurer of every savings bank and in- 
no^eudtierto stitutiou for saviiigs, upon making up each semi-annual divi- 
dividends on dcud, sliall scud writtcu uoticc by mail to each depositor who 
whole depo.Mt. ^^^ ^-^ mouths then next preceding shall not have been 
entitled to a dividend on the whole amount standing to his 
credit, because the same exceeds the amount on which inter- 



1871.— Chapters 263, 264. 607 

est is allowed, specifying the amount thereof not entitled to 
dividends. 

Section 2. Each savings bank and institution for savings, Bankto publish 
shall on or before the first day of October of the current year, ulto^f amounTs'* 
and once in five years thereafter, publish in some newspaper SMdendifo/" 
in the city of Boston, and also in some newspaper, if there two preceding 
is any, in the county where said bank or institution is estab- ^*^^'°' 
lished, a list of the amounts standing to the credit of depos- 
itors which have not been entitled to dividends or interest 
for two years then next preceding, because the same exceeds 
the amount on which interest is allowed, with the names 
and last known residences of the persons to whose credit the 
amounts stand ; which publication shall be continued in 
three successive papers. 

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

Approved May 9, 1871. 
An Act to extend the jurisdiction of the municipal court Hhn^ 263 

FOR the southern DISTRICT OF THE CITY OF BOSTON. ^' 

Be it enacted, §'c., as follows : 

Section 1. The municipal court for the southern district original and 
of the city of Boston, shall have original concurrent juris- jin"isd[ction 
diction in all cases, criminal and civil, with the municipal Boifo'^n and "^^ 
court of the city of Boston, and the municipal court of the i>orchester dis- 
Dorchester district. 

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

Approved May 9, 1871. 
An Act to amend the act to establish the district court of Qhnv) ^QX 

NORTHERN BERKSHIRE, AND THE ACT TO ESTABLISH THE DISTRICT t- "^ 

COURT OF SOUTHERN BERKSHIRE. 

Be it enacted, §'c., as follows ; 

Section 1. Section seven of chapter two hundred and ifvaiueofprop- 

Grtv or luclsr" 

one and section five of chapter two hundred and two of the ment of court 
acts of the year eighteen hundred and seventy, are hereby doi*iara! either 
so amended that in all cases except where a jury trial is had }^jeaHo"s^Jpe"or 
or the value of the property replevied, or the judgment of court. 
the court does not exceed the amount of fifty dollars, either 
party may appeal to the superior court in the manner now 
provided by law for taking appeals- from the judgment of jus- 
tices of the peace. And in cases where a iury trial is had, in jury trials, 

,. ^, , ,, f-iiij. exceptions and 

exceptions and appeals on matters ot law may be had to appeals on mat- 
the supreme judicial court in the manner now provided by be'hadws.'j*^ 
law, for taking exceptions and appeals from the superior c- 
court to the supreme judicial court. 

Section 2. Section seven of chapter two hundred and 'J/^^-fj^aylfsue 
one and section five of chapter two hundred and two of the venires for sum- 



608 



1871.— Chapters 265, 266. 



moning juries 
from towus ia 
the district. 



acts aforesaid, are further amended so as to empower and re- 
quire tlie justices or elerks of said district courts respectively, 
to issue writs o^ venire facias directed to the sheriff of the 
county or either of his deputies, or a constable of any city or 
town in the district for the summoning of jurors ; and the 
jurors shall be summoned from the towns in the judicial dis- 
trict. 
•Section 3. This act shall take effect upon its passage. 

Approved May 9, 1871. 



Corporators. 



Name and puT' 
pose. 



Chap. 265 ^^ ^'^^ ^^ incorporate the boston and RICHMOND STEAMSHIP 
"* COMPANY. 

Be it enacted, §'c., as follows : 

Section 1. Nathaniel Thayer, George B. Upton, Elijah 
Williams, their associates and successors, are hereby made a 
corporation by the name of the Boston and Richmond 
Steamship Company, for the purpose of building, purchas- 
ing, hiring, holding and employing one or more steamships 
and other vessels, and therewith navigating any waters be- 
tween Boston and Richmond, or any other ports or places in 
the state of Virginia, and of entering into such contracts 
with other companies or persons as they may deem expedi- 
ent to run steamships or other vessels between such ports or 
places ; with all the powers and privileges, and subject to all 
the duties, restrictions and liabilities set forth in all general 
laws which now are or may hereafter be in force applicable 
to such corporations. 

Section 2. Said corporation may liave a capital stock not 
exceeding twelve hundred thousand dollars, divided into 
shares of one hundred dollars each, and for its purposes may 
hold real estate to an amount not exceeding two hundred 
thousand dollars of its capital stock : provided, however, that 
said corporation shall incur no liability until fifty thousand 
dollars of its capital stock shall have been paid in in cash. 

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

Approved May 9, 1871. 



Powers and 
duties. 



Capital stock 
and shares. 



Proviso. 



Chap. 266 



Hancock Con- 
gregational So- 
ciety to make 
annual return 
to tlie trustees 
of Lexington 
Ministerial 
Fund. 



An Act to provide for the further distribution of the in- 
come OF THE LEXIlSrGTON MINISTERIAL FUND. 
Be it enacted, ^c, as follows : 

Section 1. The treasurer of the Hancock Congregational 
Society, a religious society duly organized in the town of 
Lexington, shall, on or before the first day of June, in the 
year eighteen hundred and seventy-one, and on or before the 
tenth day of May in each succeeding tenth year thereafter, 
make a return to the trustees of the Lexington Ministerial 



1871.— Chapter 267. 609 

Fund of the names of those persons who are members of 
said society on the first day of May preceding such return. 

Section 2. Whenever this act shall be accepted by the income to be 
First Congregational Society, the First Baptist Society and Firstcong^gl" 
the Church of the Redeemer, religious societies in said Bapfi'st^'"hurch 
town, at meetings duly called of said societies respectively, °rand1ianc^k 
said Hancock Congregational Society shall be admitted to congregational 
share in the income of said fund in the same manner as 
said other societies ; and thereafter the income of said fund 
shall be yearly divided between said First Congregational 
Society, First Baptist Society, the Church of the Redeemer 
and said Hancock Congregational Society in the proportion 
in which the aggregate amount of the real and personal es- 
tate of the members of each society bears to the aggregate 
amount of the real and personal estate of the members of 
said four societies on the first day of May in each preceding 
decenjiial year, beginning with the year eighteen hundred 
and seventy-one, according to the valuation thereof made by 
the assessors of said town. 

Section 3. The portions of said income received by the to be expended 
treasurers of said religious societies shall be expended anuu- ofpubiic"^- 
ally for the support of public worship in said societies re- ^^^'^' 
spectively. 

Section 4. After the acceptance of this act by the three one trastee to 
societies first named in section two, the Hancock Congrega- Hancock^co'n- 
tional Society shall be entitled to choose a trustee of said iocfliy?"*' 
fund in addition to the three trustees now provided for by 
law ; and whenever a vacancy shall occur in the office of 
trustee of said fund, it shall be filled by an election by bal- 
lot, at a meeting of the members. 

Section 5. No person shall at any time be a member of 
more than one of said societies. 

Section 6. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved May 9, 1871. 



Chap. 267 



Ay Act to authorize henry mayo and company to extend their 

WHARF IN EAST BOSTON. 

Be it enacted, Sfc, as follows : 

Section 1. License is hereby given to Henry Mayo and sneinng'swhar 

rt i. i J X i.1 *' P . , , . . 1 • 1 r m-iy be extend 

l^ompany to extend to the commissioners line their whari, edtothecom- 
known as " Snelling's wharf," in East Boston, in such man- ""^«i«'i"«'"''« 
ner as the board of harbor commissioners shall prescribe, 
subject to the provisions of section four of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hundred 



610 1871.— Chapters 268, 269, 270, 271. 

and sixty-six, and chapter four hundred and thirty-two of 
the acts of the year eighteen hundred and sixty-nine, so far 
as the same may be applicable. 

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

Approved May 9, 1871. 

Chap. 268 An Act to confirm the organization of the central congre- 

GATIONAL SOCIETY OF JAMAICA PLAIN IN WEST ROXBURY. 

Be it enacted, cVc, as folloios : 

?o'?fl"med"°° Section 1. The organization of the Central Congrega- 
tional Society of Jamaica Plain in West Roxbury, with all 
acts done thereunder, wliich religious societies may lawfully 
do, are hereby confirmed. 

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

Approved May 9, 1871. 

Chan 269 ^^ ^^^ ^'^ change the name of the BOSTON CORN EXCHANGE. 

Be it enacted, ^'c, as follows: 

Name changed. SECTION 1. The Bostou Com Exchange shall hereafter be 
known as the Boston Commercial Exchange. 

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

Approved May 9, 1871. 

Chap. 270 -^N ■'^CT to authorize THE PROPRIETORS OF ROWE'S WHARF IN 

BOSTON TO EXTEND THE SAME. 

Be it enacted, §'e., as folloios : 

Say1bllxt«fd- Section 1. The proprietors of Rowe's wharf in Boston 
ed to the com- are hereby authorized to extend the north-easterly corner of 
' their present wharf to the commissioners' line, with pile 
structure, and to occupy with pile structure and solid filling 
a space not exceeding one hundred feet in length by fifteen 
feet in width in their dock on the northerly side of and ad- 
joining their present wharf, and a space not exceeding sixty 
feet in length by fifteen feet in width in their dock on the 
southerly side of and adjoining their present wharf; subject 
to section four of chapter one hundred and forty-nine of the 
acts of the year eighteen hundred and sixty-six, and chapter 
four hundred and thirty-two of the acts of the year eighteen 
hundred and sixty-nine, so far as the same may be applicable. 
Section 2. This act shall take effect upon its passage. 

Approved May 9, 1871. 
Chap. 271 An Act to authorize the central mutual fire insurance 

COMPANY TO issue POLICIES UPON PROPERTY OUT OF THE COM- 
MONWEALTH. 

Be it enacted, Sfc, as follotvs : 

deYon'pr*operty SECTION 1. The Central Mutual Fire Insurance Company 
in any New js hereby authorized to issue policies on property situated in 
the New England states. 

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

Approved May 9, 1871. 



1871.— Chapters 272, 273, 274, 275. 611 

An Act to authorize the dean library association in med- nhnn 972 

WAY TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. -t * 

Be it enacted, lVc, as follows : 

Section 1. The Dean Library Association in the town of fo'il'Ve^tat'l'^" 
Medwaj, is hereby authorized to hold real and personal es- 
tate to the amount of twenty thousand dollars in addition to 
the amount authorized in its act of incorporation. 

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

Approved May 9, 1871. 



Chap. 273 



An Act to authorize the city of boston to construct a 
wharf in south boston. 
Be it enacted, cVc, as follows: 

Section 1. The city of Boston is hereby authorized to aty of Boston 
construct a solid wharf on its flats between M and streets ™wha?r*'^"'^^ 
extended, on the northerly shore of South Boston, within 
such limits and in such manner as the board of harbor com- 
missioners shall prescribe ; subject to section four of chapter 
one hundred and forty-nine of the acts of the year eighteen 
hundred and sixty-six, and chapter four hundred and thirty- 
two of the acts of the year eighteen hundred and sixty-nine, 
so far as the same may be applicable. 

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

Approved May 9, 1871. 

An Act to confirm certain acts of the boston Sunday school />» 97J. 

AND missionary SOCIETY OF THE METHODIST EPISCOPAL CHURCH. ^"'^P' ^ '^ 

Be it enacted, ^'c, as follows : 

Section 1. The meeting of the Boston Sunday School Election of offi- 
aud Missionary Society of the Methodist Episcopal Church, firmed and°°" 
held on the fourth day of April, in the year eighteen hun- '"''^^i**'*^- 
dred and seventy, and the election of officers at said meet- 
ing, and the acts of said officers as appears by the records 
of said society ; and the meeting of said society, held on the 
sixth day of March, in the year eighteen hundred and sev- 
enty-one, and the election of officers at said meeting, as 
appears by the records of said society, are hereby ratified, 
confirmed and made valid in law to all intents and purposes 
whatsoever. 

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

Approved May 9, 1871. 
An Act concerning the building and maintaining of Florida Qhn^j 275 

BRIDGE ACROSS DEERFIELD RIVER. ^ ' 

Be it enacted, lS'c, as follows : 

Section 1. The county commissioners of the county of county commis- 

T>ii- 1 1 !•! T •i-i- sionersof Berk- 

-berKshire are hereby authorized and required, within one shire to coa- 

24 



612 



1871.— Chapter 275. 



struct portion 
of bridge and 

assess expenses 
upon town of 
Florida. 



County commis- 
sioners of 
Franklin to 
construct por- 
tion of bridge 
and assess ex- 
penses upon 
towns of Cliar- 
lemont and 
Kowe. 



Commissioners 
may hire 
money. 



Florida and 
Cliarlemont to 
keep bridge in 
repair. 



Kowe to pay 
Charlemont 
one-half the ex- 
pense. 



year from the passage of this act, to construct that portion 
of the bridge, with suitable approaches, located or to be 
located under chapter two hundred and thirty-one of the 
acts of the year eighteen hundred and seventy, within the 
county of Berkshire, and shall in all respects, except as 
herein otherwise provided, proceed as is now provided by 
law for laying out and constructing highways, and shall 
assess the expenses and charges of constructing and complet- 
ing the same upon the town of Florida, and collect the 
amount thereof in the manner prescribed in section sixty- 
nine of chapter forty-three of the General Statutes. 

Section 2. The county commissioners of the county of 
Franklin are hereby authorized and required, within one 
year from the passage of this act, to construct that portion 
of the bridge, with suitable approaches, located or to be 
located under chapter two hundred and thirty-one of the 
acts of the year eighteen hundred and seventy, within the 
county of Franklin, and shall in all respects, except as 
herein otherwise provided, proceed as is now provided by 
law for laying out and constructing highways, and shall 
assess one-half the expenses and charges of constructing and 
completing the same upon the town of Charlemont, and one- 
half upon the town of Rowe, and collect the amounts there- 
of in the manner prescribed in section sixty-nine of chapter 
forty-three of the General Statutes. 

Section 3. The county commissioners of said counties 
are hereby authorized to hire and use such sums of money 
as may be necessary to comply with the provision of this act. 

Section 4. The towns of Florida and Charlemont shall 
maintain and keep in repair the portion of said bridge and 
its approaches within their respective limits, and shall have 
the same rights, and be subject to the same liabilities in 
respect to said respective portions as is provided by law in 
respect to highways. 

Section 5. The town of Rowe shall annually pay to the 
town of Charlemont one-half the expense incurred in main- 
taining and keeping in repair the portion of said bridge and 
approaches within the limits of Charlemont, and in case of 
neglect or refusal so to pay, the town of Charlemont may 
recover the same in an action of contract brought in any 
court competent to try the same. 

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

Approved May 9, 1871. 



1871.— Chapters 276, 277, 278. 613 

An Act to authorize the towns of gill and montague to niif,,^ 07fi 

SUBSCRIBE for and HOLD SHARES IN THE CAPITAL STOCK OF THE -T * ^ 

turner's falls BRIDGE COMPANY. 

Beit enacted, Sfc, asfolloios: 

Section 1. The towns of Gill and Montague, or either GiiiandMon- 
of them, are hereby authorized, when by a two-thirds vote stfcki™'^TuJ-^''*' 
of the voters of said town, present and voting thereon, and Brkigfcom- 
using the check-list, at a legal town uieetino; duly called for pany, if autho- 
the purpose, to subscribe for and hold shares in the capital twrds votes. 
stock of the Turner's Falls Bridge Company, to an amount 
not exceeding two per centum of the assessed valuation of 
each or either of said towns respectively. 

Section 2. Said town or towns may pay for said shares May pay for 
so voted to be taken, out of their respective treasuries, and trel^s'^ury" or 
are hereby authorized to raise by loan upon bonds or tax or [ofn fec.*^*^^ ^^ 
otherwise, any and all sums of money which may be neces- 
sary to pay for the same, and may hold and dispose of the 
same like other town property. And the selectmen of said fepresent"town 
town or towns, or any agent specially chosen for that pur- ^om^'f""^* °^ 
pose, shall have authority to represent and act for said towns 
respectively, at any and all meetings of the Turner's Falls 
Bridge Company. 

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

Approved May 9, 1871. 



Chap. 277 



An Act to increase the salary op the .judge of probate for 

THE county of SUFFOLK. 

Be it enacted, tVc, as follows : 

Section 1. The judge of the probate court for the coun- salary fixed at 
ty of Suffolk shall hereafter receive an annual salary of four *^'^'^°" 
thousand dollars. 

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

Approved May'll, 1871. 



An Act to incorporate the falmouth heights land and 

WHARF company, AND FOR OTHER PURPOSES. 



Chap. 278 

Be it enacted, Sfc, as follows : 

Section 1. G. Edward Smith, Jx»nes E. Estabrook, Wil- corporators. 
liam T. Miles, their associates and successors, are hereby 
made a corporation by the name of the Falmouth Heights Name and pur- 
Land and Wliarf Company, for the purpose of improving ^°^^' 
and disposing of land now owned by them in common, in 
Falmouth, and purchasing, holding, improving and disposing 
of lands adjacent thereto ; with all the powers and privi- Powers and 
leges, 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 said corporation. 



614 



1871.— Chapters 279, 280. 



May pureliase 
and sell liiud, 
&c. 



Proviso. 



Capital stock 
and shares. 



Proviso. 



May construct 
wharf in Fal- 
mouth. 



Section 2. Said corporation may purchase land adjoin- 
ing the land owned by the parties as aforesaid, and hold, 
improve, and sell the same, with buildings which may be 
erected thereon : provided, that the whole amount of land 
now held and to be purchased shall not exceed two hundred 
acres. 

Section 3. TJie capital stock of said corporation shall be 
fifty thousand dollars, which may by vote of said corporation 
be increased to an amount not exceeding one hundred thou- 
sand dollars, to be divided into shares of one hundred dol- 
lars each : provided, however, that said corporation shall not 
commence business or incur liability until fifteen thousand 
dollars of capital stock shall have been paid in in cash. 

Section 4. License is hereby given to said corporation to 
construct a wharf from land now owned by said parties on 
Vineyard Sound in said Falmouth, the location, width and 
extent thereof to be prescribed by the harbor commissioners ; 
subject to section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six, 
and chapter four hundred and thirty-two of the acts of the 
year eighteen hundred and sixty-nine. 

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

Approved May 11, 1871. 

An Act to incorporate the pemberton mutual fire insur- 
ance COMPANY IN LAWRENCE. 

Be it enacted, Sfc, as follows: 

Section 1. Alfred J. French, George E. Davis, Harrison 
D. Clement, their associates and successors, are hereby made 
a corporation by the name of the Pemberton Mutual Fire 
Insurance Company, to be located in the city of Lawrence, 
for the purpose of making insurance against loss or damage 
by fire, on the mutual principle ; 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 applicable to such corporations. 

Section 2. Policies of insurance may be issued on prop- 
erty situated in the state of New Hampshire. 

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

Approved May 11, 1871. 

Chan 280 -^^ ^^^ ^^ PROVIDE FOR THE REGULATION AND INSPECTION OF 
^' BUILDINGS, THE MORE EFFECTUAL PREVENTION OF FIRE, AND THE 

BETTER PRESERVATION OF LIFE AND PROPERTY IN THE CITY OF 
BOSTON. 

Be it enacted, Sfc, as follows : 

fun-e^'Snd^n-'" SECTION 1. There is hereby created in the city of Boston 
spection of an executivo department, to be known and designated as 



Chaf. 279 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Policy may is- 
sue on property 
in New Hamp- 
shire. 



1871.— Chapter 280. 615 

the department for the survey and inspection of buildings, buildings in 
which shall have charge of enforcing the several provisions 
of this act. And the said department shall be provided with 
office room and all the necessary supplies for the proper 
transaction of its business. 

Section 2. In the construction of this act, if not incon- 
sistent with the context, the following terms shall have the 
respective meanings hereinafter assigned to them : — 

"External Wall" shall apply to every outer wall or ver- External waii. 
tical enclosure''of a building, other than a party-wall. 

" Party-wall " shall apply to every wall used, or built, as Party-waii. 
a separation of any building from any other building, with 
a view to the same being occupied by different persons. 

" Foundation Wall " shall be understood to mean that Foundation 
portion of external walls below the level of the street curb, '*^''*'^' 
and for walls not on any street, that portion of the wall 
below tlie level of the ground outside of the wall. 

"Partition Wall" shall be understood to mean any inte- partition wau. 
rior wall of masonry in a building. 

A " tenement house " shall be taken to mean and include Tenement 
every house, building or portion thereof which is rented, 
leased, let or hired out to be occupied, or is occupied as the 
house or residence of more than three families living inde- 
pendently of another and doing their cooking upon the 
premises, or by more than two families upon a floor, so 
living and cooking, but having a common right in the halls, 
stairways, yards, water-closets or privies, or some of them. 

A " lodging-house " shall be taken to mean and include Lodging-house, 
any house or building, or portion thereof, in which persons 
are lodged for hire for a single night or for less than a 
week at one time. 

A " cellar " shall be taken to mean and include every ceuar. 
basement or lower story of any building or house of which 
one-half or more of the height from the floor to the ceiling 
is below the level of the street adjoining. 

Section 3. The city council of the city of Boston shall, ^;*i;,^''i\'°^j^s *° 
within sixty days after the passage of this act, establish and within winch 
define the limits within which all buildings thereafter erect- conform\o this 
ed shall conform to the provisions of this act ; and said city ^^^' 
council may, from time to time, by ordinance, extend and 
define the said limits as they may deem proper, due legal 
notice being given thereof. 

Section 4. The chief officer of the said department for insiw-tinn of 
the survey and inspection of buildings shall be called the ^^" 

inspector of buildings. He shall be appointed by the mayor, 
and confirmed by the city council. He shall hold office for 



616 



1871.— Chapter 280. 



Clerk and as- 
sistant-inspec- 
tors. 



Inspector and 
assistant 'to be 
able mechanics. 



Duties of in- 
spector. 



Assistant-in- 
spectors to at- 
tend tires and 
report to fire 
department 
condition of 
premises on 
lire. 



Inspectors to 
examine build- 
ings in course 
of erection. 



the term of three years, or until his successor shall take 
office, but may be sooner removed by the city council for 
malfeasance, incapacity or neglect of duty. 

Section 5. The subordinate officers of the said depart- 
ment shall consist of a clerk, and such number of assistant- 
inspectors as the city council may from time to time deter- 
mine, all of whom shall be appointed by the inspector, with 
the approval of the mayor. The assistant-inspectors and 
clerk sliall hold office for the term of two years, but may 
be sooner removed by the inspector, with the approval of 
the mayor, for malfeasance, incapacity or neglect of duty. 

Section 6. The inspector and assistant-inspectors of the 
said department shall be able and experienced mechanics, 
competent to perform all the duties of the office to which 
they are appointed. 

Section 7. It shall be the duty of the inspector of build- 
ings to sign all certificates and notices required to be issued 
under this act from said department. 

To make return of all violations, except those mentioned 
in section fifty, to the city solicitor for prosecution. 

To have kept in proper books for that purpose a register 
of all transactions of said department. 

To submit to the city council a half-yearly statement in 
detail of such transactions. 

To enter upon the premises wherein any fire has occurred, 
if necessary, in order to investigate the origin of the fire. 

And further, to perform such other duties as are herein 
required of him. 

He shall also have a general supervision and direction 
over the subordinate officers of the department. 

Section 8. The assistant-inspectors of buildings, if such 
officers are appointed, shall, under the direction of the in- 
spector of buildings, attend all fires occurring in the dis- 
tricts to which they are respectively assigned, and report to 
the chief or assistant-engineer of the fire department present 
all information they may have relative to the construction 
and condition of the premises on fire, and also any such 
information relating to the adjoining buildings. 

Section 9. The inspector or assistant-inspectors shall 
examine all buildings in the course of erection, alteration 
or repair throughout the city as often as practicable, and 
shall make a record of all violations of any of the several 
divisions of this act, together with the street and number 
where such violations are found, the names of the owner, 
lessee, occupants, architect and master mechanics, and all 
other matters relative thereto. It shall also be the duty of 



1871.— Chapter 280. 617 

the inspector or assistant-inspectors, to examine all buildings —to examine 
reported dangerous, or damaged by fire or accident, and to portVa danger- 
make a record of such examinations, including the nature °"*" 
and amount of such damage, with the name of the street 
and* number of the building, the names of owner, lessee, and 
for what purpose occupied, and, in case of fire, the probable 
origin thereof; to examine all buildings under application 
to raise, enlarge, alter or build upon, and to make a record 
of the condition of the same. Said records shall always be Kecords subject 
open to the inspection of the engineers of the fire depart- engiueers)&c? 
ment, or any officer of the city. 

Section 10. In the absence of the inspector of buildings, if inspector is 

RDSGUt USSlSt" 

one of the assistaiit inspectors may be appointed by him to ant maybe ap- 
act as his deputy, with the same powers exercised by him. deimty!^'^ 
Section 11. All the officers appointed under this act officers may 

,1, o , f ii p p enter any build- 

shall, so tar as may be necessary lor the periormance oi ing. 

their respective duties, have the right to enter any building 

or premises in the city of Boston. 

Section 12. The compensation of the officers appointed compensation. 

under this act shall be fixed by the city council of B8ston. 

REGULATION AND SUPERVISION OF BUILDINGS. 

Section 13. The following buildings and works shall be 
exempt from the operations of this act : — 

Bridges, quays, wharves. Bridges, 

whirvGS &c 

Buildings belonging to, or occupied by, the governments of exempt.' ' 
the United States and the Commonwealth of Massachusetts. 

Section 14. With the exceptions hereinbefore or herein- xowbatbuiid- 
after mentioned, this act shall apply to all buildings here- J^»^^jyP''o^'i«»oi»« 
after erected within the building limits of the city of Bos- 
ton, and to all tenement or lodging-houses and all buildings 
built of brick, stone or other non-combustible material out- 
side of the said limits, but within the city of Boston. 

Section 15. Any work of alteration or addition made or Alterations or 
done for any purpose in, to or upon any building, except buiidjugs.*" 
that of necessary repairs not affecting the construction of 
the external or party-walls, chimneys or stairways of a build- 
ing, sliall, to tlie extent of such work of alteration or addi- 
tion, be suliject to the regulations of this act. 

Section 16. No wooden or frame building shall hereafter no wooden or 
be built within the said building limits of the city of Boston ; [X^ere^t"! 
and no wooden addition shall be made to any building with- "ected. 
in said limits which shall exceed fifteen feet in height from 
the ground. 

No wooden building shall be moved from any lot outside no wooden 
of the said limits to any lot within the said limits. m'oVed m!" 



618 



1871.— Chapter 280. 



Repairs may be 
maile upon 
wooden build- 
ings already 
buUt. 



rermit for 
building to be 
obtained of 
inspector. 

Alterations. 



Grade. 



Buildings for 
public assem- 
blies. 



If inspector 
prohibits erec- 
tion of building, 
owner may ap- 
peal to commit- 
tee of experts. 



Every building 
to be built of 
brick, stone, or 
iron. 



The city council of the city of Boston may authorize the 
erection of wooden buildings outside of said limits, but with- 
in said city, upon such terms and conditions and subject to 
such limitations and restrictions as they may deem expedi- 
ent. 

Section 17. It shall, however, be lawful for the owner, 
or other party interested, to make any necessary repairs 
upon any wooden or frame building already built, provided 
that the height of said building shall not be increased. 

It shall also be lawful to substitute for a pitch roof a flat 
roof covered with metal or other non-combustible material. 

No building now erected, or hereafter to be erected, shall 
be altered, raised, roofed, enlarged or otherwise built upon 
in any manner contrary to the terms of this act. 

Section 18. No building shall be erected hereafter in 
any part of the city of Boston, without a permit being first 
obtained from the inspector of buildings ; and no addition 
or alteration to any building, subject to the regulations of 
this act, shall be made without a permit from said inspector ; 
and said inspector shall designate, in all permits for the erec- 
tion of new buildings, the grade below which the floor of 
the basement story of said building shall not be laid. 

Section 19. The inspector of buildings shall not give a 
permit for the erection of any building to be used for public 
assemblies, until he has carefully inspected the plans and 
specifications thereof, and ascertained that the building has 
sufficient strength, and that the means of ingress and egress 
are sufficient ; and a copy of said specifications shall be de- 
posited in the office of said inspector. If in any case the in- 
spector shall see fit to prohibit the erection or alteration of 
any building according to the plan as sul)mitted, and such 
decision shall appear to the owner or architect to Ue unrea- 
sonable, the owner or architect shall have the right of appeal 
to a committee of five experts, who shall be architects, engi- 
neers or master-builders, two of whom shall be chosen by 
the said owner or architect, and two by the inspector of 
buildings, the fifth one to be chosen by the other four, and 
their decision shall be final. 

Section 20. Every building shall be built of brick, stone, 
iron or other hard and incombustil)le material, and with 
foundations resting upon the solid ground, not less than 
four I'eet below the surface exposed to frost, or upon con- 
crete, piles or other solid substructure. 

Every wall constructed of brick, stone or other similar 
substance, shall be j/roperly bonded and solidly built with 
mortar or cement. 



1871.— Chapter 280. 619 

The thickness of every wall, as heremafter determined, 
shall be the minimum thickness, as applied to solid walls. 

The height of every external or party-wall, as referred to 
in this act, shall be measured from the level of the top of the 
foundation wall to its higlicst point. 

Section 21. For dwelling-houses not exceeding thirty- Dimensions of 
five feet in height, foundation walls, laid with block stone in waiis for°dweu- 
horizontal courses, or in brick laid in cement, shall be not i^g-iiouses. 
less than sixteen inches thick, and external and party-walls 
of brick shall be not less than eight inches thick. 

For dwelling-houses exceeding thirty-five and not exceed- 
ing fifty-five feet in height, foundation walls laid with block 
stone in horizontal courses shall be not less than eighteen 
inches thick ; if of brick, the foundation must be sixteen 
inches thick and laid in cement. External brick walls shall 
be not less than twelve inches thick ; party-walls of brick not 
less than twelve inches thick to the top of the second floor 
above the street, and not less than eight inches thick for the 
remaining height. 

For dwelling-houses exceeding fifty-five feet in height, 
foundation walls laid with block stone in horizontal courses, 
or brick laid in cement shall be not less than twenty inches 
thick, the external and party-walls not less than twelve 
inches thick for the entire height. 

The thickness of foundation walls laid with irregular rub- 
ble work shall be one-fourth greater than the thickness given 
for block stone walls. 

Section 22. Buildings other than dwelling-houses shall Dimensions of 

noipii-1'1 foundation 

nave walls oi the loUowmg thickness : — waiis for buiid- 

For buildings not exceeding thirty-five feet in height, the dwemng"' ^^^"^ 
foundation walls, laid in block stone in horizontal courses, i^ouses. 
shall not be less than eighteen inches thick. The external 
and party-walls not less than twelve inches thick to the top 
of the upper floor, and not less than eight inches thick for 
the remaining height. 

For buildings exceeding thirty-five and not exceeding fifty- 
five feet in height, the foundation walls, laid in block stone, 
shall not be less than two feet thick. The external and 
party-walls not less than sixteen inches thick to the top of 
the highest floor, and not less than twelve inches thick for 
the remaining height. 

For buildings exceeding fifty-five feet in height, the foun- 
dation walls, laid with block stone in horizontal courses, 
shall be not less than thirty inches thick. External and 
party-walls, not bearing floor timbers, not less than sixteen 
inches thick to the top of the highest floor, and not less than 

25 



620 



1871.— Chapter 280. 



Piers or col- 
umns support- 
ing walls of 
masonry. 



Piles for foun- 
dation. 



Recesses and 
openings in 

walls. 



Door-way to be 
closed with 
iron doors. 



twelve inches thick for the remaining height. External or 
party-walls bearing floor timbers, not less than twenty inches 
thick to the top of the second floor above the street, and 
not less than sixteen inches thick from the top of the second 
floor above the street to the top of the highest floor, and not 
less than twelve inches thick for the remaining height. 

The bottom course for all foundation walls resting upon 
the ground shall be at least twelve inches wider than the 
thickness above given for the foundation walls. 

Section 23. Piers or columns supporting walls of masonry 
shall have for a footing course a broad leveller, or levellers, 
of block stone not less than sixteen inches thick, and with a 
bearing surface equal in area to the square of the width of 
the footing course, plus one foot required for a wall of the 
same thickness and extent as that borne by the pier or 
column. 

And if the foundation of such piers or columns rests upon 
piles, a sufficient number shall be driven to insure a proper 
support. 

Section 24. Where piles are driven for a foundation, 
they shall be of suitable stock, and driven to a firm and 
solid bearing upon " hard pan," — to be ascertained by bor- 
ing. 

The tops of the piles shall be cut ofi" on a level below the 
natural level of the water, as it stands in the ground during 
the summer months. 

It shall be the duty of the inspector of buildings to give 
the grades at which piles may be cut off". 

Buildings exceeding thirty-five feet in height shall have 
not less than two rows of piles under all external and party- 
walls, and the piles shall be spaced not over three feet on 
centres in the direction of the length of the wall. 

Section 25. Recesses and openings may be made in ex- 
ternal walls, provided the thickness of the backs of such re- 
cesses be not less than eight inches, and provided the whole 
area of all the recesses and openings in any wall do not ex- 
ceed one-half of the area of said wall. 

Whenever it becomes desirable to cut a door-way through 
any party-wall separating two buildings, a notice of the in- 
tention to do so shall be filed with the inspector of buildings. 
Any such door-way shall not exceed ten feet in height by 
eight feet in width, and shall have top, bottom and sides of 
stone, brick or iron. 

The said door-way shall be closed by two sets of wrought- 
iron or metal-covered doors, hung to rebated iron frames, 
and separated by the thickness of the wall. And whenever 



1871.— Chapter 280. 621 

such door-way ceases to be used, it shall be immediately 
filled up with masonry. 

No continuous vertical recess of more than four inches in 
depth shall be made in any twelve-inch party-wall, and no 
recess of any kind shall be made in any eight-inch party-wall. 

Section 26. All the enclosing walls of a building shall be Enclosing waiis 
tied in by means of wall irons, built into the wall, and wau-irons/ 
turned up back, not less than eight inches of brickwork, 
and fastened to the floor so that there shall be a continuous 
tie every ten feet across the building on each floor, as far as 
practicable. 

Section 27. All party-walls shall be built up at least six Party-waiis 
inches above the flat of the roof of the highest building of''''''^' ^''^ '°"^' 
which such wall forms a part, for the full extent of the flat. 
And where there is a mansard or pitch roof, the party-wall 
shall be built up to the under side of the roof covering, 
which shall be laid and imbedded in mortar upon said wall. 

Section 28. In all buildings hereafter built, there shall J° of &*"*'''■ 
be not less than four inches of solid brickwork between the work between 
floor timbers built into the same party-wall from opposite same ^if ivom 

gj(Jgg opposite sides. 

Section 29. Exterior walls, faced with stone, shall have Exterior waiis 
a backing of not less than eight inches of hard brickwork stone. ^^^"^ 
1 id in mortar. But in no case shall the thickness of stone 
and backing, taken together, be less than the thickness re- 
quired for a brick wall of the same height. 

The stone facing of a wall shall always be securely tied to 
the brick backing by means of metal clamps. All brick fac- 
ings must be securely tied to the backing at least every tenth 
course. 

In all cases where a wall is finished with a stone cornice, the stone cornice, 
greatest weight of material of such cornice shall be on the 
inside of the face of the wall, so that the cornice shall firmly 
balance upon the wall. 

Section 30. All buildings hereafter built shall be roofed SdTith' ^^ 
with slate, tin or other non-combustible roofing material, and ^late or tin. 
all buildings shall have a scuttle not less than two by three 
feet, with a permanent step-ladder or flight of stairs thereto. 

Section 31. All chimneys shall be built of brick, stone ciiimneys. 
or other fire-proof non-conducting material. All brick flues Brick flues, 
shall be smoothly plastered inside with mortar from top to 
bottom and outside below the roofing. 

Brick flues, not starting from the foundation walls, shall 
be securely built into the brickwork of the walls to which 
they are hung. In no case shall chimneys rest upon any 
flooring without a footing of masonry or iron supported by 



622 1871.— Chapter 280. 

iron beams, having a secure bearing on masonry or iron at 
either end. 

All flues shall be topped out at least four feet above the 
roof of the building to which they belong. The brick top- 
ping out of chimneys shall not have more than two inches 
projection, unless covered by a cap of metal or stone proper- 
ly secured. 

filtlf!^ °^ ^^^' Hearths of fire-places or grates shall be laid upon brick or 
other trimmer arches, or upon bars of iron supporting a bed 
of brickwork. 

No wood-work of any kind shall be placed at a less distance 
than one inch from the outside brickwork of any flue. In 
no case shall a nail be driven into the masonry of any flue. 

Drainsjo^enter SECTION 32. All buildiugs hereafter built within the 
above limits shall have proper brick, iron or tile drains laid 
with air-tight joints, with a proper pitch to the city sewer, 
and shall be properly entered therein. 

Buildings on SECTION 33. All buildings built upon filled or made land 

made land to,. iTf> t n t t t ± j 

iiave cellar bot- Shall liave a Dcd 01 concrctc, made oi hydraulic cement ana 
wiSi wJncrete gravcl, Or tar and gravel, spread over the cellar bottom, or 
brickTatd^iii^^ shall be paved with brick laid in cement, throughout the whole 
cement. extent of the building ; and where there is a basement floor 

over the cellar bottom, leaving an air-space between the con- 
crete and said floor, the air-space shall be ventilated by an 
opening into a flue in the chimney of the building. 

TENEMENT OR LODGING-HOUSES. 

Tenement or SECTION 34. No housc, buildiuff, or portiou thereof, in 

IOQ*''lIl£"tlOUS6S ■ y CD 7 1 f 

not^tobe occu- the city of Bostou, used, occupied, leased or rented for a 
visi1)n"!rre^com- tenement or lodging-house, shall continue to be so used, oc- 
puedwith. cupicd, leased or rented, unless the same, on the requisition 
of the board of health, shall conform in its construction and 
appurtenances to the provisions of this act. And the inspec- 
tor of buildings shall see that the requisitions of the board 
of health in regard to the repair and alterations of tenement 
or lodging-houses are properly carried out ; and shall approve 
all plans for the construction of new tenement or lodging- 
houses. If in any case the inspector shall see fit to prohibit 
the erection of the building according to the plan, the owner 
or architect shall have the right of appeal, as provided in 
section nineteen. 
Exterior walls SECTION 35. The cxtcrior walls of all tenement or lodg- 
housM to be of ing-houses hereafter erected shall be of brick or stone ; and 
brick or stone. ^j^Qge hereafter erected on streets not more than twenty feet 
in width shall not exceed thirty feet in height. 



1871.— Chapter 280. 623 

Section 36. Every house, building, or portion thereof, in ^tiement'an'd 
the city of Boston, designed to be used, occupied, leased or lodging-houses. 
rented, or which is used, occupied, leased or rented for a ten- 
ement or lodging-house, shall have in every room which is 
occupied as a sleeping-room, and which does not communicate 
directly with the external air, a ventilating or transom win- 
dow, having an opening or area of three square feet over the 
door leading into and connected with the adjoining room, if 
such adjoining room communicates with the external air ; 
and also a ventilating or transom window, of the same open- 
ing or area, communicating with the entry or hall of the 
house, or where this is, from the relative situation of the 
rooms, impracticable, such last mentioned ventilating or 
transom window shall communicate with an adjoining room 
that itself communicates with the entry or hall. Every such 
house or building shall have in the roof, at the top of the 
hall, an adequate and proper ventilator, of a form approved 
by the inspector of buildings. 

Section 37. Every such house shall be provided with a rire-escape. 
proper fire-escape, or means of escape in case of fire, to be 
approved by the inspector of buildings. 

Section 38. The roof of every such house shall be kept Roof to be kept 
in good repair and so as not to leak, and all rain-water shall 
be so drained or conveyed therefrom as to prevent its drip- 
ping on ground or causing dampness in the walls, yard or 
area. All stairs shall be provided with proper balusters 
or railings, and shall be kept in good repair. 

Section 39. Every such building shall be provided with water-ciosets, 
good and sufficient water-closets, earth-closets or privies, of a and privies. 
construction approved by the inspector of buildings, and 
shall have proper doors, traps, soil-pans and other suitable 
works and arrangements, so far as may be necessary, to in- 
sure the efficient operation thereof. Such water-closets or 
privies shall not be less in number than one to every twenty 
occupants of said house ; but water-closets and privies may 
be used in common by the occupants of any two or more 
houses : provided, the access is convenient and direct ; and Provisos. 
provided, the number of occupants in the houses for which 
they are provided shall not exceed the proportion above re- 
quired for every privy or water-closet. Every such house 
situated upon a lot on a street in which there is a sewer, 
shall have the water-closets or privies furnished with a prop- 
er connection with the sewer, which connection shall be in 
all its parts adequate for the purpose, so as to permit entirely 
and freely to pass whatever enters the same. Such connec- 
tion with the sewer shall be of a form approved by the in- 



624 



187L— Chapter 280. 



Cesspools. 



Cellars and un- 
derground 
rooms used as 
dwellings. 



spector of buildings, and all such water-closets and vaults 
shall be provided with the proper traps, and connected with 
the house sewer by a proper tight pipe, and shall be provided 
with sufficient water and other proper means of flushing the 
same ; and every owner, lessee and occupant shall take due 
measures to prevent improper substances from entering such 
water-closets or privies or their connections, and to secure 
the prompt removal of any improper substances that may 
enter them, so that no accumulation shall take place, and so 
as to prevent any exhalations therefrom, offensive, dangerous 
or prejudicial to life or health, and so as to prevent the same 
from being or becoming obstructed. No cesspool shall be 
allowed in or under or connected with any such house, ex- 
cept when it is unavoidable, and in such case it shall be con- 
structed in such situation and in such manner as the inspec- 
tor of buildings may direct. It shall in all cases be water- 
tight, and arched or securely covered over, and no offensive 
smell or gases shall be allowed to escape therefrom, or from 
any privy or privy vault. In all cases where a sewer exists 
in the street upon which the house or building stands, the 
yard or area shall be so connected with the same, that all 
water, from the roof or otherwise, and all liquid filth shall 
pass freely into it. Where no sewer exists in the street, the 
yard or area shall be so graded that all water, from the roof 
or otherwise, and all filth, shall flow freely from it and 
all parts of it, into the street gutter, by a passage beneath 
the sidewalk, which shall be covered by a permanent cover, 
but so arranged as to permit access to remove obstructions 
or impurities. 

Section 40. From and after the passage of this act it 
shall not be lawful, without a permit from the board of health 
or superintendent of health, to let or occupy, or suffer to be 
occupied separately as a dwelling, any vault, cellar or under- 
ground room, built or rebuilt after said date, or which shall 
not have been so let or occupied before said date. And it 
shall not be lawful, without such permit, to let or continue 
to be let, or to occupy, or suffer to be occupied, separately as 
a dwelling, any vault, cellar or underground room whatso- 
ever, unless the same be in every part thereof at least seven 
feet in height, measured from the floor to the ceiling thereof, 
nor unless the same be for at least one foot of its height 
above the surface of the street or ground adjoining, or near- 
est to the same, nor unless there be outside of and adjoining 
the said vault, cellar or room, and extending along the entire 
frontage thereof, and upwards from six inches below the 
level of the floor thereof, up to the surface of the said street 



1871.— Chapter 280. 625 

or ground, an open space of at least two feet and six inches 
wide in every part, nor unless the same be well and effectu- 
ally drained by means of a drain, the uppermost part of 
which is one foot at least below the level of the floor of such 
vault, cellar or room, nor unless there is a clear space of not 
less than one foot below the level of the floor, except where 
the same is cemented, nor unless there be appurtenant to 
such vault, cellar or room, the use of a water-closet or privy, 
kept and provided as in this act required, nor unless the 
same have an external window-opening of at least nine super- 
ficial feet clear of the sash frame, in which window-opening 
there shall be fitted a frame filled in with glazed sashes, at 
least four and a half superficial feet of which shall be made 
so as to open for the purpose of ventilation : provided, hoiv- Provisos. 
ever, that in case of an inner, or back vault, cellar or room, 
let or occupied along with a front vault, cellar or room, as a 
part of the same letting or occupation, it shall be a sufficient 
compliance with the provisions of this act, if the front room 
is provided with a window as herein before provided, and if 
the said back vault, cellar or room is connected with the 
front vault, cellar or room by a door, and also by a proper 
ventilating or transom window, and, where practicable, also 
connected by a proper ventilating or transom window, or by 
some hall or passage, or with the external air : provided, 
always, that in any area adjoining a vault, cellar or under- 
ground room, there may be steps necessary for access to such 
vault, cellar or room, if the same be so placed as not to be 
over, across or opposite to said external window and so as to 
allow between every part of such steps and the external wall 
of such vault, cellar or room, a clear space of six inches at 
least, and if the rise of said steps is open ; and provided, 
further, that over or across any such area there may be steps 
necessary for access to any building above the vault, cellar 
or room, to which such area adjoins, if the same be so placed 
as not to be over, across or opposite to any such external 
window. 

Section 41. From and after the passage of this act, no cellars not to 
vault, cellar or underground room, in any tenement or lodg- imigfngf &c.,'*'^ 
ing-house, shall be occupied as a place of lodging or sleeping, nfigsion'^of^'^'^' 
except the same shall be approved in writing, and a permit board of health, 
given therefor by the board of health or superintendent. 

Section 42. Every tenement or lodging-house shall have Receptacle for 
the proper and suitable conveniences or receptacles for receiv- oTherfefure 
ing garbage and other refuse matters. No tenement or lodg- i"«'"ers. 
ing-house, or any portion thereof, shall be used as a place of 
storage for any combustible article, or any article dangerous 



626 1871.— Chapter 280. 

to life or detrimental to health ; nor shall any horse, cow, 
calf, swine, pig, sheep or goat be kept in said house. 
hous^e"to\)e Section 43. Every tenement or lodging-house, and every 

kept clean. part thereof, shall be kept clean and free from any accumu- 
lation of dirt, filth, garbage or other matter in or on the 
same, or in the yard, court, passage, area or alley connected 
with or belonging to the same. The owner or keeper of any 
lodging-house, and the owner or lessee of any tenement 
house or part thereof, shall thoroughly cleanse all the rooms, 
passage, stairs, floors, windows, doors, walls, ceilings, privies, 
cesspools and drains thereof of the house, or part of the 
house, of which he is the owner or lessee, to the satisfaction 
of the board of health, so often as shall be required by or in 
accordance with any regulation or ordinance of said city, 
and shall well and sufficiently, to the satisfaction of said 
hTls^to^b"*^ ^^'^' board, whitewash the walls and ceilings thereof twice at least 
whitewashed evcry year, in the months of April and October, unless the 
^^^'^' said board shall otherwise direct. Every tenement or lodging- 
house shall have legibly posted or painted on the wall or 
door in the entry, or some public accessible place, the name 
and address of the owner or owners and of the agent or 
agents, or any one having charge of the renting and collect- 
ing of the rents for the same ; and service of any papers 
required by this act, or by any proceedings to enforce any of 
its provisions, or of the acts relating to the board of health, 
shall be sufficient, if made upon the person or persons so 
designated as owner or owners, agent or agents. 
Keeper of lodg- SECTION 44. The keeper of any lodging-house, and the 

mg-house and i. r xi i j j. c j. 

owner of tene- owucr, agcut 01 the owucr, Icsscc and occupant oi any ten- 
free^acces^to Gmcut housc, and cvcry other person having the care or 
officers. management thereof, shall, at all times, when required by 

any officer of the board of health, or by any officer upon 
whom any duty or authority is conferred by this act, give 
him free access to such house and to every part tliereof. 
The owner or keeper of any lodging-house, and the owner, 
agent of the owner, and the lessee of any tenement house, or 
— to give notice part thereof, shall, whenever any person in such house is 
disea°lsf&c.^ sick of fcvcr, or of any infectious, pestilential or contagious 
disease, and such sickness is known to such owner, keeper, 
agent or lessee, give immediate notice thereof to the board 
of health, or to some officer of the same, and thereupon, said 
board shall cause the same to be inspected, and may, if found 
necessary, cause the same to be immediately cleansed or dis- 
infected at the expense of the owner, in such manner as they 
may deem necessary and effectual ; and they may also cause 
the blankets, bedding and bed-clothes used by any such sick 



1871.~Chapter 280. 627 

person to be thoroughly cleansed, scoured and fumigated, 
and m extreme cases to be destroyed. 

Section 45. Whenever it shall be certified to the board n,°ay'*cause^""'' 
of health by the superintendent, that any building, or part premises to be 
thereof, is unfit for human habitation, by reason of its being nniit for hawta- 
so infected with disease as to be likely to cause sickness ^^°°* 
among the occupants, or by reason of its want of repair has 
become dangerous to life, said board may issue an order, and 
cause the same to be affixed conspicuously on the building, 
or part thereof, and to be personally served upon the owner, 
agent or lessee, if the same can be found in this state, re- 
quiring all persons therein to vacate such building for the 
reasons to be stated therein as aforesaid. 

Such building, or part thereof, shall, within ten days 
thereafter, be vacated ; or within such shorter time, not less 
than twenty-four hours, as in said notice may be specified ; 
but said board, if it shall become satisfied that the danger 
from said house, or part thereof, has ceased to exist, may 
revoke said order, and it shall thenceforward become inop- 
erative. 

Section 46. No house hereafter erected shall be used as Tenement 
a tenement house or lodging-house, and no house heretofore t'oT^u.^d un°ii 
erected, and not now used for such purpose, shall be con- compued wuh^ 
verted into, used or leased for a tenement or lodging-house, 
unless in addition to the requirements herein before con- 
tained, it conforms to the requirements contained in the fol- 
lowing sections. 

Section 47. It shall not be lawful hereafter to erect for, Distances re- 
or convert to the purposes of a tenement or lodging-house, a ?vails of tene- 
building on the front of any lot where there is another build- ™ndother'bimd- 
ing on the rear of the same lot, unless there is a clear, open ^^ss- 
space, exclusively belonging to the front building and extend- 
ing upwards from the ground, of at least ten feet between 
said buildings, if they are one story high above the level of 
the ground ; if they are two stories high, the distance between 
them shall not be less than fifteen feet ; if they are three 
stories high, the distance between them shall be twenty feet ; 
and if they are more than three stories high, the distance be- 
tween them shall be twenty-five feet. At the rear of every 
building hereafter erected for or converted to the purposes 
of a tenement or lodging-house on the back part of any lot, 
there shall be a clear open space of ten feet between it and 
any other building. But when thorough ventilation of such 
open spaces can be otherwise secured, said distances may be 
lessened or modified in special cases, by a permit from the 
inspector of buildings. 

26 



628 



1871.— Chapter 280. 



Height of 
rooms. 



Windows. 



■Ventilation for 
rooms that do 
not communi- 
cate with open 
air. 



rire-place for 
every family. 



Receptacles for 
ashes, &c. 



Cellar-floor to 
be cemented. 



Inspector, with 
approval of 
board of health, 
may make other 
regulations. 



Section 48. In every such house hereafter erected or 
converted, every habitable room, except rooms in the attic, 
shall be in every part not less than eight feet in height from 
the floor to the ceiling ; and every habitable room in the 
attic of any such building shall be at least eight feet in height 
from the floor to the ceiling, throughout not less than one- 
half the area of such room. Every such room shall have at 
least one window connecting with the external air, or over 
the door a suitable ventilator, connecting it with a room or 
hall which has a connection with the external air. The total 
area of window in every room communicating with the exter- 
nal air shall be equal to at least one-tenth of the superficial 
area of every such room ; and the top of one at least of such 
windows shall not be less than seven feet and six inches 
above the floor, and the upper half of each window shall be 
so made as to open for the purposes of ventilation. Every 
habitable room of a less area than one hundred superficial 
feet, if it does not communicate directly with the external 
air, and is without an open fire-place, shall be provided with 
special means of ventilation by a separate air-shaft extending 
to the roof, or otherwise, as the inspector of buildings may 
prescribe. 

Section 49. Every such house hereafter erected or con- 
verted, shall have adequate chimneys running through every 
floor, with an open fire-place or grate, or place for a stove, 
properly connected with one of said chimneys, for every 
family and set of apartments. It shall have proper conven- 
iences and receptacles for ashes and rubbish ; it shall have 
water furnished at one or more places in such house, or in 
the yard thereof, so that the same may be adequate and 
reasonably convenient for the use of the occupants thereof. 
It shall have the floor of the cellar properly cemented, so as 
to be water-tight. The halls on each floor shall open directly 
to the external air, with suitable windows, and shall have no 
room or other obstruction at the end, unless sufficient light 
or ventilation is otherwise provided for said halls, in a man- 
ner approved by the inspector of buildings. 

Section 50. The inspector of buildings, with the approval 
of the board of health, shall have authority to make other 
regulations as to cellars and as to ventilation, consistent with 
the foregoing, wbere he shall be satisfied that such regula- 
tions will secure equally well the health of the occupants. 
All complaints of violations of sections forty, forty-one, forty- 
two, forty-three, forty-four and forty-five of this act shall be 
made only by authority of the board of health. 



1871.— Chapter 280. 629 

dangerous structures. 

Section 51. If any building or parts of a building, stag- Dangerous 
ing or other structure, in the city of Boston, shall from any inspected* 
cause, be reported dangerous or unsafe, and to endanger life 
and limb, it shall be the duty of the inspector of buildings 
to inspect such structure, and if, in his opinion, the same be 
dangerous, he shall cause a description of such dangerous 
structure, with street and number, to be entered in the 
books of the department for the survey and inspection of 
buildings. 

Section 52. The inspector of buildings shall immediately Owners to be 
serve a notice in writing upon the owner, agent or other ^'^ 
party having an interest in said structure, requiring the same 
to be made safe and secure, or removed, as may be neces- 
sary. 

If the person so served with notice shall certify his or their 
assent to the securing or removing of the said unsafe or dan- 
gerous structure, he or they shall be allowed until twelve 
o'clock noon of the day following the service of such notice in 
which to commence the securing or removal of the same, and 
lie or they shall employ sufficient labor to remove or secure the 
said structure as expeditiously as can be done. But upon 
his or their refusal or neglect to comply with the require- Proceedings in 
ments of said notice so served, then a careful survey of the nofsecill-*^d or^ 
premises named in said notice, shall be made by the inspec- removed, 
tor of buildings, the city engineer and a person appointed by 
the owner or other interested party. And if the owner or 
other interested party shall refuse to appoint such surveyor, 
the other two shall proceed to make the survey, and in case 
of disagreement they shall call in a third person. 

The report of such survey shall be reduced to writing, and 
entered in the books of the department for the survey and 
inspection of buildings, and a copy served upon the owner 
or other interested party. 

Section 53. Whenever the report of any such survey, Building to be 
had as aforesaid, shall cite the structure as unsafe or danger- male 6^^^^°^ 
ous to life and limb, the inspector of buildings shall, upon 
the continued refusal or neglect of the owner or other inter- 
ested party, cause such unsafe or dangerous structure to be 
taken down or otherwise made safe, and the cost and charges 
shall become a lien upon the said estate, to be collected ac- 
cording to law, but without prejudice to the right which the 
owner thereof may have to recover the same from any lessee, 
or other person liable for the expense of repairs : provided, Proviso, 
that nothing herein shall authorize the recovery by the lessor 
of the lessee of the cost of any charges which have been ren- 



630 1871.— Chapter 280. 

dered necessary through the default or negligence of the 
lessor, or through want of repair or defects existing in said 
premises at the commencement of the lease, 
teidng'dowif"* Section 54. Upon the citation of any structure as unsafe 
building. or dangcrous by the inspector of buildings, if the owner or 

other interested party, being notified thereof in writing, shall 
refuse or neglect to cause the said structure to be taken down 
or otherwise made safe, said owner or other interested party 
shall be liable, for every day's continuance of said refusal or 
neglect, to the penalty of a sum not less than ten nor ex- 
ceeding fifty dollars, said sums to be recoverable as debts are 
now by law recoverable. 
Parties aggriev- SECTION 55. Any owucr or othcr interested person ag- 
for a jury?^ ^ gricvcd by any such order may, within three days after the 
service thereof upon him, apply for a jury to the superior 
court, if sitting in the county, or to any justice thereof in 
vacation. The court or justice shall issue a warrant for a 
jury, to be impanelled by the sheriff within fourteen days 
from the date of the warrant, in the manner provided in 
chapter forty-three of the General Statutes relating to high- 
ways, 
verdict to*next SECTION 56. The jury may affirm, annul or alter such 
term of court, order ; and the sheriff shall return the verdict to the next 
term of the court for acceptance, and being accepted, it shall 
take effect as an original order. 
^°**^" Section 57. If the order is affirmed, costs shall be taxed 

against the applicant. If it is annulled, the applicant shall 
recover damages and costs against the city. If it is altered 
in part, the court may render such judgment as to costs as 
justice may require. 
f^rlfJd'ifo^r-^^ Section 58. Nothing contained in the three preceding 
derisnotan- scctious shall bc coustrucd to bar the right of the city to 
yjury. YQQQyQj. ^\^Q pQi;ialty enacted in section fifty-four, for the con- 
tinuance of the refusal or neglect of the owner or other 
interested party to cause the structure in question to be taken 
down, or otherwise made safe, unless the said order shall be 
annulled by the jury ; but in default of such annulment, the 
city shall have the right to recover said penalty from the day 
of the original notice as enacted in said section. 

HOISTWAYS. 

^oistw^g to Section 59. The lessee or occupant of any warehouse, 

night. store or manufactory, or other building in which there are 

hoistways, or other openings besides the usual stairways, 

shall cause the same to be securely closed at the close of 

each day. And in case any such building is unoccupied, 



1871.— Chapter 280. 631 

then the owner thereof shall cause any such openings to be 
kept securely closed. 

PLACES OF AMUSEMENT. 

Section 60. From and after the passage of this act, it Passage ways 
shall not be lawful for the owners or lessees of any public smicted^in 
hall or place of amusement in the city of Boston to obstruct, P|gJJtf of amuse- 
or to allow to be obstructed by otliers, any of the aisles or 
passage-ways in the auditorium of said halls or places of 
amusement, by placing therein any benches, chairs, stools or 
other articles that may prevent free egress during the hours 
that said places may be open to the public. 

And the said owners, lessees or their agents are hereby 
required to keep open all doors giving access to such places 
of amusements when used by the public, unless such doors 
open outwards, and except that fly-doors, opening both ways, 
may be kept closed. 

For any neglect or violation of the above provisions of this Penalty. 
act, a penalty of one hundred dollars shall be imposed upon 
the owner, lessee or other occupant of said places of amuse- 
ment. 

COMBUSTIBLE MATERIALS. 

Section 61. No building situated or hereafter erected pweiiing- 

... 11 -IT !•• PI • c Tt •!• liouses not to 

withm the building limits or the city oi Jioston, occupied in iiave combusti- 
part or in whole as a dwelling, shall have any hay, straw, stored therein. 
hemp, flax, shavings, burning-fluid, turpentine, camphene, 
or any inflammable oil, or any other combustible material 
stored therein, or kept on sale, except in such quantities as 
shall be provided for by law or by a city ordinance. 

penalties. 

Section 62. If any person or persons, whether owner or Penalties. 
owners, contractor or contractors, shall erect, construct, 
build or alter, so as to make it substantially a new building, 
any dwelling-house or other building within the city of Bos- 
ton, without first obtaining a permit from the office of the 
inspector of buildings, such person shall forfeit and pay the 
sum of not less than one hundred dollars nor more than five 
hundred dollars, for each and every offence ; and if any per- 
son or persons as aforesaid shall proceed to complete any 
such building without having the same inspected as required, 
or shall fail to have the walls thereof built of the thickness 
required by this act, or otherwise fail to comply with its 
provisions, he or they so offending shall forfeit and pay the 
sum of not less than one hundred dollars nor more than five • 



632 1871.— Chapter 281. 

hundred dollars for each and every offence, and the further 
sum of one hundred dollars for each and every calendar 
month that said house or building shall be suffered to remain 
without the necessary inspection and the procuring of the 
proper certificates. These sums shall be recoverable as debts 
are now by law recovered. 

If, upon inspection, it shall appear that the work upon 
any building is going on in violation of any of the provisions 
of this act, the inspector of buildings shall forthwith notify 
the owner or owners, contractor or contractors, of such vio- 
lation, and if after such notice the said parties or any or 
either of them shall proceed in the erection or construction 
of such building, it shall be lawful, after due notice in writ- 
ing, setting forth the said violation particularly, for the 
supreme judicial court, or any justice thereof, either in term 
time or vacation, to issue forthwith an injunction restraining 
such person or persons from further progress in said work 
until the facts of the case sliall have been investigated and 
determined ; and if it shall appear to the said court upon 
such investigation that such building does not in all respects 
conform to the provisions of this act, said court, besides 
enforcing the penalty herein before designated, shall issue an 
injunction to restrain the continuance of the work and to 
remove so much of the said building as may be decreed by 
the court, within such time as the court may appoint. 
Kepeai. SECTION 63. Chapter one hundred and thirty-nine of the 

acts of the year eighteen hundred and thirty-five, chapter 
one hundred and thirty-two of the acts of the year eighteen 
hundred and forty-seven, chapter two hundred and eighty of 
the acts of the year eighteen hundred and fifty, chapter two 
hundred and eighty-one of the acts of the year eighteen hun- 
dred and sixty-eight, chapter one hundred and twenty-three 
of the acts of the year eighteen hundred and sixty-nine, and 
chapter one hundred and sixteen of the acts of the year 
eighteen hundred and seventy, and all acts or parts of acts 
inconsistent herewith, are hereby repealed. 

Approved May 12, 1871. 



An Act in addition to an act for encouraging the culti- 
vation OF USEFUL FISHES. 
Be it enacted, Sj'c, as follows : 
Penalty for tak- SECTION 1. Whocver takcs any fish the capture of which 
trary to provi- is forbidden by any of the provisions of chapter three hun- 
|ionsofi869, (jred and eighty-four of the acts of the year eighteen hun- 
dred and sixty-nine shall, in addition to the penalties therein 
prescribed, forfeit any boat, net, line, rod or other apparatus 



Chap. 281 



1871.— Chapters 282, 283. 633 

used in such capture, in all cases where such forfeiture is not 
already provided for m said act. 
Section 2. The proprietor of any unnavigable tidal ^°J^^JP^ "L^^'?" 

r tr ..-1 ,. enes in unnavi- 

stream, where the same empties into salt water, and in gawe tidai 
which fishes are lawfully cultivated or maintained, shall con- ** '^^™^' 
trol the fishery of said stream within his own premises ; and 
also beyond and around the mouth of said stream so far as 
the tide may ebb : provided, it does not ebb more than rroviso. 
eighty rods ; and whoever fishes within the above described, 
limits without the permission of said proprietor, shall forfeit 
not less than one dollar nor more than twenty dollars for the 
first offence, and not less than five nor more than fifty dol- 
lars for any subsequent offence, and shall in addition forfeit 
any boat, net, line, rod, or other apparatus used in such 
illegal fishing. Approved May 12, 1871. 

An Act in relation to mortgages of real estate by guar- Chap. 282 

DIANS. ^' 

Be it enacted, §'c., as follows: 

Section 1. Uijon petition of the guardian of a minor Guardian of a 
and due notice and hearing thereon, the judge of the pro- mortgage^r^ai 
bate court having jurisdiction thereof may authorize such authwityfrom 
guardian to mortgage the real estate of his ward, whenever probate court. 
in the judgment of the court it is necessary or expedient. 

Section 2. The petition shall set forth a description of K'descrip-^* 
the lands to be mortgaged, the amount necessary to be raised, tion of lands. 
and the reasons therefor, and the decree of the court shall 
fix the amount of the mortgage. 

Section 3. The mortgage shall set forth that the same Mortgage to set 
was executed by license of court and the date of such license, wis^ex^ecVted 
and such mortgage shall bind only the estate described there- courr&c! °^ 
in. And the court shall require the guardian to give bond, ouardian to 
with sufficient surety or sureties, for the faithful application ° 
of the money received on such mortgage. 

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

Approved May 12, 1871. 
An Act concerning the appointment of surgeons in the Chap. 283 

MILITIA. 

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

Section 1. There shall be commissioned in each separate surgeon in each 
battalion one surgeon with the rank of major. 

Section 2. So much of the twenty-seventh section of the Repeal, 
two hundred and nineteenth chapter of the acts of eighteen 
hundred and sixty-six, as allows an assistant surgeon with 
the rank of first lieutenant to each separate battalion, is 
hereby repealed. 

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

Approved May 12, 1871. 



634 



1871.— Chapters 284, 285. 



Chap 



. 284 -A-N Act to authorize the county commissioners of the county 

OF MIDDLESEX TO ERECT A NEW JAIL AT CAMBRIDGE. 



Commissioners 
may erect jail, 
and dwelling- 
house for keep- 
er, in Cam- 
bridge. 



Not required to 
let out labor 
by contract. 



Be it enacted, Sfc, as follows : 

Section 1. The county commissioners of the county of 
Middlesex shall be, and they hereby are authorized to erect 
at Cambridge a jail and dwelling-house for the keeper of 
such jail, at an expense not exceeding one hundred thousand 
dollars, and in doing the same said commissioners may em- 
ploy the convicts in the house of correction at Cambridge, 
so far as their labor may be used to advantage. 

Section 2. In erecting said buildings said commissioners 
shall not be required to let out by contract the labor on said 
building, nor advertise for proposals therefor as provided in 
section twenty-three of chapter seventeen of the General 
Statutes. 

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

Approved May 12, 1871. 



Chap. 285 



May maintain 
boom across 
Connecticut 
Kiver. 



Proviso. 



Trovision to be 
made for pas- 
sage of lumber 
and boats. 



Compensation 
for storage. 



Selectmen of 
Montague and 
Gill may re- 
move boom if it 
obstructs navi- 
gation. 



An Act to authorize nathaniel holmes and others to main- 
tain A boom across the CONNECTICUT RIVER. 

Be it enacted, Sfc, asfoUoios: 

Section 1. Nathaniel Holmes, David A. Wood and Amos 
E. Perry, of Gill, and their assigns, are hereby authorized 
to build and maintain for twenty years, a boom across the 
Connecticut River, above Turner's Falls, in Montague and 
Gill, and to construct such piers in said river as may be 
necessary and convenient for the proper use and safety of 
the same : provided, that said boom shall be located not less 
than four hundred feet above the ferry road at said Turner's 
Falls. 

Section 2. In the construction of said boom provisions 
shall be made for the convenient passage of timber, lumber 
and boats, and the owners of said boom shall be held to pass 
such timber, lumber and boats, through the obstruction 
caused by their boom, free of expense and without unneces- 
sary delay to the parties. 

Section 3. The owners of said boom are hereby author- 
ized to receive such compensation as may be reasonable, not 
exceeding forty cents per thousand feet, board measure, for 
the storage of timber and lumber within their boom, when- 
ever such storage shall be requested by the owners of such 
timber and lumber. 

Section 4. The selectmen of the towns of Montague 
and Gill may order said boom to be removed to either side 
of the river whenever it is found that it creates an unneces- 
sary obstruction to the navigation of the Connecticut River. 



1871.— Chapters 286, 287. 635 

Section 5. Nothing contained in this act shall give any shores of nver 
right to use the shores of said river without the consent of without con- 
the ovrner or owners thereof, and if any person or persons sent of owners. 
shall suffer damage by means of building or hanging said 
boom, such person or persons may have the same remedy for 
such damage as if this act had not been passed. 

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

Approved May 12, 1871. 
An Act in relation to the fund for the benefit of the natick CJiaj). 283 

INDIANS. ^' 

Be it enacted, ^'c, as follows: 

The guardian of the Natick Indians shall hereafter render Guardian to 
his accounts of the fund held in trust by him to the probate to probate 
court for the county of Middlesex, and may, under the di- *^°"^ * 
rection and with the approval of said court, expend the in- 
come and principal of said fund held in trust by him for the —may expend 
benefit of Patience Blodgett, Patty Jefferson, and Elizabeth income of fund 
Brown, during the lives of said persons, in such proportion ofcourt^'"^*^ 
and in such sums as said court shall approve ; and upon the 
decease of the last survivor of them, the said court sliall 
order the distribution of any residue of said fund equally 
among the lawful children of said persons, per capita, living 
at the time of the decease of said last survivor ; and the 
order of distribution of said court, upon such reasonable 
notice as it may direct, among the said known lawful chil- 
dren, shall bar all parties claiming thereafter to be interested 
in said residue; and the said probate court shall have the court to admin- 

. • i 3 J- 1 ii • Isterfund as in 

same power to appomt and remove guardians, and otherwise case of other 
to administer the said fund, as it now has in the case of other *'""*^*' 
trusts within its jurisdiction. Approved May 12, 1871. 

An Act to authorize the construction of dams across north Chap. 287 

RIVER IN PLYMOUTH COUNTY. 

Be it enacted, kc, as follows : 

Section 1. The several proprietors of the marshes on Marshes"* 
North River, in the county of Plymouth, are hereby author- 
ized to drain said marshes by sluice-dams, dikes or other 
obstructions across said river, in tlie same manner as if the 
same had never been navigable, 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. 

Section 2. The provisions of chapter one hundred and g'^s'^hsTo^^ 
forty-eight of the General Statutes shall apply to said ^^pp'^- 
marshes and river, and the improvement thereof: provided, p™"^"- 
that upon the closing of said river with dam and flood-gates 
at White's Feny, said proprietors shall erect and maintain 

27 



636 



1871.— Chapter 288. 



Commissioners 
may construct 
dikes as a pro- 
tection from 
the sea. 



Fish-ways in 
dams. 



a dam or other suitable structure at or below a point for- 
merly known as Waterman and Barstow's ship-yard, and to 
construct the same in such manner that the water above 
said dam shall at no time be allowed to fall more than eight 
inches below the banks of the river above North River 
bridge so long as the dam at White's Ferry shall be main- 
tained. 

Section 3. Such commissioners shall have authority, 
subject to the provisions of sections fourteen, fifteen and 
sixteen of chapter one hundred and forty-eight of the Gener- 
al Statutes, to construct on the shore between said North 
River marshes and the sea, dikes which may be maintained 
as a protection for said marshes from the sea. 

Section 4. It shall be the duty of said commissioners to 
construct fish-ways in said dams in the manner approved by 
the fish commissioners of the Commonwealth. 

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

Approved May 12, 1871. 

Chap. 288 Ax Act to incorporate the Plymouth and sandwich railroad 

COMPANY. 

Be it enacted, ^-c, as follows: 

Section 1. Albert Mason, Charles G. Davis, Eleazer C. 
Sherman, William H Nelson and George F. Andrews, their 
associates and successors, are hereby made a corporation by 
the name of the Plymouth and Sandwich Railroad Company ; 
with all the powers and privileges, and subject to all the du- 
ties, liabilities and restrictions set forth in the general laws 
which now are or hereafter may be in force relating to rail- 
road corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad, with one or more tracks, from a 
point in the town of Plymoutli, at or near the terminus of 
the Old Colony and Newport Railway Company, thence 
through the towns of Plymouth and Sandwich in a southerly 
direction, to a convenient point of junction with the Cape 
Cod Railroad in said last named town. 

Section 3. Said corporation may enter with its road 
upon, unite the same with, and use the railroad of the Old 
Colony and Newport Railway Company, the Cape Cod Rail- 
road Company, and the Plymouth and Vineyard Sound Rail- 
road Company, and either of the three last named corpora- 
tions may enter with its road upon, unite the same with, and 
use the railroad of the corporation hereby created, subject 
to the provisions of the general laws. 



Corporators, 



Powers and 
duties. 



May construct 
railroad from 
Plymouth to 
Sandwich. 



May unite with 
O C. andN., 
Cape C. and 
Plymouth, and 
Vineyard 
Sound RaU- 
roada. 



1871.— Chapter 289. 637 

Section 4. Said corporation may lease its railroad, fran- May leaae road. 
cliise and other property to either of the corporations named 
in the preceding section, upon such terms as may be 
agreed by the directors of the contracting corporations, and 
approved by a majority of the votes at meetings of the stock- 
holders of each corporation called for that purpose. 

Section 5. The capital stock of said corporation shall and^hares!'^ 
not be less than two hundred thousand dollars, nor more 
than three hundred and sixty thousand dollars, divided into 
shares of one hundred dollars each. 

Section 6. The Old Colony and Newport Railway Com- o.c.andK.and 
pany, or the Cape Cod Railway Company, are hereby author- STd^s^may take 
ized to take stock in the Plymouth and Sandwich Railroad stock in road. 
Company to an amount not exceeding one-third of the cap- 
ital stock of the Plymouth and Sandwich Railroad Company. 

Section 7. This act shall be void unless said railroad is Location and 
located and constructed within two years after the passage <=''"**^'''^"=ti°'^- 
of this act. 

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

Approved May 12, 1871. 



Chap. 289 



An Act to incorporate the Springfield and athol railroad 

COMPANY. 

Be it enacted, ^'c, as follows: 

Section 1. Abner B. Abbe, Henry W. Phelps, Ezekiel corporators. 
Blake, their associates and successors, are hereby made a 
corporation by the name of the Springfield and Athol Rail- 
road Company ; with all the powers and privileges, and sub- ^^^Yes" ^^^ 
ject to all the duties, restrictions and liabilities set forth in 
the general laws which now are or hereafter may be in force 
applicable to railroad corporations. 

Section 2. Said corporation may locate, construct, main- Railroad from 
tain and operate a railroad, with one or more tracks, com- ^"oXect^witii 
mencing at a point on the Connecticut River Railroad near ^n^j^o^rthem 
the station in the village of Chicopee Falls, in the town of Railroad. 
Chicopee, and passing through any or all of the towns of Chic- 
opee, Springfield, Ludlow, Belchertown or Palmer, to a 
point on the Athol and Enfield Railroad in the town of Bel- 
chertown or Palmer, with the right to cross the New Lon- 
don and Northern Railroad at grade, and to connect there- 
with at some point within a mile and a quarter of Barrett's 
station. 

Section 3. Said corporation may enter with its road coYn^River"'* 
upon, unite the same with, and use the railroads oC the Con- andAthoi and 
necticut River Railroad Company, and the Athol and Enfield roads. 
Railroad Company, and said last named companies may enter 



I 



638 



1871.— Chapter 290. 



Capital stock 
and shares. 



May lease road. 



Roads may 
unite and be- 
come one cor- 
poration. 



Location and 
construction. 



Chap. 290 

Corporators. 



Powers and 
duties. 



Railroad from 
New Marl- 
borough to Con- 
necticut line. 



Capital Btock 
and shares. 



with their raih'oads upon, unite the same with, and use the 
raih'oad of the corporation hereby created, subject to the 
provisions of the general laws. 

Section 4. The capital stock of said corporation shall not 
be less than two imndred thousand dollars, nor more than 
four hundred thousand dollars, divided into shares of one 
hundred dollars each. 

Section 5. Said corporation may lease its road, franchise 
and other property to the Connecticut River Railroad Com- 
pany or to the Athol and Enfield Railroad Company, upon 
such terms as may be agreed upon by the directors of the 
contracting corporations and approved by a majority in 
value of the stockholders of each company, at legal meetings 
called for that purpose. 

Section 6. The Athol and Enfield Railroad Company, 
and the Springfield and Athol Railroad Company may unite 
and become one corporation, to be entitled the Springfield 
and Athol Railroad Company, upon such terms, not incon- 
sistent with their several charters or the laws of tlie Com- 
monwealth, as a majority in value of the stockholders of 
each may approve at legal meetings to be called for that pur- 
pose. 

Section 7. This act shall take effect upon its passage, 
and shall be void unless said railroad is located and con- 
structed within two years from the passage of this act. 

Approved May 12, 1871. 

An Act to incorporate the konkapot valley railroad com- 
pany. 

Be it enacted, Sfc, as follotvs : 

Section 1. John Carroll, Archibald Taft, Noah Gibson, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Konkapot Valley Railroad Company ; 
with all the powers and privileges, and subject to all the du- 
ties, restrictions and liabilities set forth in the general laws 
which now are or hereafter may be in force applicable to 
railroad corporations. 

Section 2. Said corporation may locate, construct, main- 
tain and operate a railroad, with one or more tracks, from 
some convenient point in or near the village of Mill River, 
in the town of New Marlborough, thence running southerly 
along the valley of the Konkapot river, through said town, 
to the line of the state of Connecticut. 

Section 3. The capital stock of said corporation shall not 
exceed one hundred and fifty thousand dollars, nor be less 
than fifty thousand dollars, divided into shares of one hun- 
dred dollars each. 



1871.— Chapter 291. 639 

Section 4. This act shall take effect upon its passage, Location and 
and shall be void unless said railroad is located wiihin two 
years, and constructed within four years after the passage 
hereof. Approved May 12, 1871. 

An Act to incorporate the holyoke and belchertown kail- Qfidp^ 291 

ROAD COMPANY. ■^' 

Be it enacted, ^'C, as follows: 

Section 1. Joseph Carew, Edwin Chase, C. C. Aldrich, corporators. 
their associates and successors, are hereby made a corpora- 
tion by the name of the Holyoke and Belchertown Railroad 
Company ; with all the powers and privileges, and subject Powers and 
to all the duties, liabilities and restrictions set forth in the 
general laws which now are or hereafter may be in force re- 
lating to railroad corporations. 

Section 2. Said corporation may locate, construct, main- Railroad from 
tain and operate a railroad, with one or more tracks, from a Bei/iTertown. 
point in tlie town of Holyoke, by some convenient route 
through said town and the towns of South Hadley, Granby, . 
and Belchertown, to a point on the line of the Massachusetts 
Central Railroad Company in said last named town. Said 
railroad shall not cross the railroad of the Connecticut River 
Railroad Company, except by passing over or under the 
same, and if over the same, so as to leave a clear space of 
eighteen feet above the tracks thereof. 

Section 3. Said corporation may enter with its railroad amfm^lfwit'ir 
upon, unite the same with, and use the railroads of the Con- ^^°i\^Q^'Ynd 
necticut River Railroad Company, the Holyoke and West- other roads. 
field Railroad Company, the New London and Northern Rail- 
road Company, and the Massachusetts Central Railroad 
Company, or either of them ; and either of said companies 
may enter with its railroad upon, unite the same with and 
use the railroad of the corporation hereby created, subject 
to the provisions of the general laws. 

Section 4. Said corporation may lease its railroad, fran- May lease road. 
chise and other property, to either of the corporations named 
in the preceding section, upon terms agreed by the directors 
and approved by a majority of the votes at meetings of the 
stockholders of each of the contracting corporations called 
for that purpose. 

Section 5, The capital stock of said corporation shall not capital stock 
be less than two hundred and fifty thousand dollars, nor 
more than five hundred thousand dollars, divided into shares 
of one hundred dollars each. 

Section 6. The town of Holyoke may subscribe for and iVo*i!fst(fc™and 
hold the stock or securities of said corporation, subject to 'co^^Q^atlon. 



b 



640 1871.— Chapters 292, 293, 294. 

the provisions of the general laws, notwithstanding ssiid town 
at the time of the subscription may have twelve thousand or 
more inhabitants, 
cons^teuction*^ SECTION 7. This act shall be void unless said railroad is 
located within two years and constructed within four years 
after its passage. 

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

Approved May 12, 1871. 



Chap. 292 

Name changed 
to Dedham aud 



An Act to change the name of the dedham gas light company. 

Be it enacted^ Sfc, as follows : 

to*DldhLm^aud SECTION 1. The Dedham Gas Light Company shall here- 
Hyde Park Gas after be Called and known as the Dedham and Hyde Park 
company. g^^ Company. 

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

Approved May 12, 1871. 



Chap. 293 

Amendment 1 
1869, 384, § 29. 



An Act to limit the time for catching alewives. 

Be it enacted, §'c., as follows: 

Amendment to Scctiou twcntv-nine of chapter three hundred and eighty- 
four of the acts of the year eighteen hundred and sixty-mne, 
is hereby amended by inserting after the word " shad " the 
words " or alewives," and also by adding after the word 
" dollars " the words " and for each alewife twenty-five 
cents." Approved May 15, 1871. 



Chap. 294 



An Act to provide for establishing the boundary lines of 

the state prison lands. 
Be it enacted, Sfc, as follows : 
Commissioners SECTION 1. The Supreme judicial court in and for the 
by s^jl'ato*^*^ county of Middlesex, shall, upon the application of any party 
darTunel^oT"' interested, and after due notice to the attorney-general of the 
State prison Commonwcalth, and to all persons interested, appoint a board 
of three commissioners, who shall, after having been sworn 
to the faithful performance of their duties, hear the parties, 
and ascertain and determine the boundary lines between the 
land and flats of the state, occupied by and adjoining the 
state prison at Charlestown, and the lands and flats of the 
adjoining proprietors. 
Report to be SECTION 2. The Said Commissioners shall make report in 

Tn'd'upon^ac* Writing to said court of their doings and adjudications, and 
bindtnrupon^ ^^^^ samc upou bciug accepted by said court and recorded as 
all parses to hcrciu providcd, shall be final and binding on the Common- 
procee ngs. ^gr^^j^jj j^j-^(j ^U others wlio are made parties to such proceed- 
ings, their heirs and assigns, and said lines shall be estab- 
lished as therein determined. Upon the acceptance of their 
report they shall cause a certified copy thereof, and of the 



1871.— Chapters 295, 296. 641 

judgment of the court thereon, to be recorded in the south- 
ern district registry of deeds in said county. 

Section 3. All matters and things provided in this act court may act 
to be done by or in said court, may be done by any justice weiras term* 
of said court, as well in vacation as in term time. The ^™®* 
court or any justice thereof may accept said report, or re- 
commit such report to the same or other commissioners, and 
may give directions as to all proceedings before the commis- 
sioners. The expenses of executing this act (to be taxed by Expenses. 
the commissioners, subject to the approval of the court), 
shall be paid, one-half by the Commonwealth and the other 
half by the other parties to such proceedings, in such pro- 
portions as shall be prescribed by the commissioners. 

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

Approved May 15, 1871. 

An Act to revive the wareham bank for certain purposes. QJiap. 295 

Be it enacted, ^'c, as follows : 

Section 1. The existence of the corporation heretofore charter reTived 
known as the President, Directors and Company of the torl'to convey 
Wareham Bank, located in Wareham, is hereby revived and real estate. 
continued for the purpose of enabling the directors of said 
bank, at the time when the same became an association for 
carrying on the business of banking under the laws of the 
United States, or a majority of said directors, to convey, 
assign and transfer to the National Bank of Wareham, its 
successors and assigns, any real estate and promissory note 
or notes, and mortgage or mortgages, or interests legal or 
equitable therein of said Wareham Bank, and for no other 
purpose whatsoever. 

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

Approved May 15, 1871. 



Chap. 296 



An Act to change the name of the Cambridge athenjeum. 
Be it enacted, &,'c., as follows. • 

Section 1. The name of The Cambridge Athenaaum, a Name changed 
corporation established by chapter nine of the acts of the HaiiAssocia- 
present year, is hereby changed to that of The Union Hall *^°°' 
Association, and said corporation shall hereafter be known 
by, and act under, said name ; and no liabilities of said cor- 
poration shall be affected by such change of name. 

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

Approved May 15, 1871. 



642 1871.— Chapter 297. 

Chat) 297 "^^ ^^^ relating to insurance companies. 

Be it enacted, §'c., as follows : 
Financial con- SECTION 1. It shall be tliG dutj of the iiisurance commis- 

nition of insur- . ^ ^ • m^ ■, • -, i • ^ 

ance companies sioiier, Dv liimseli OF his deputv, at least once in three years, 

in the State to j i , ^ •! r j.^ j. i- /> 

be examined and Whenever he deems it necessary tor the protection oi 
years.**^ ^^'^^^ policy-holders, to visit each insurance company incorporated 
in this Commonwealth, and thoroughly examine its financial 
condition and ability to fulfil its obligations, and ascertain 
whether it has complied with all the provisions of law appli- 
cable to the company and its transactions. 
Insurance com- SECTION 2. He shall in like manner, whenever he deems 

pames of other . />i • r»Tiii •i-/~i 

States doing it ncccssary tor tlie protection ot policy-holders in this (Jom- 
state?** ^'^ * '^ mon wealth, visit and examine, as aforesaid, any insurance 
company not incorporated in this state and doing business 
by agencies therein. He may employ such assistants as are 
Expenses of ex- ncccssary in making the examination ; and all the expenses 
borne bVcom- ^ of an examination without the Commonwealth shall be borne 
pany examined. ^^ ^.|^g company examined. 
Commissioner SECTION 3. For the purposcs aforcsaid, the commissioner 

to have tree ac- , • -, ini<^ iiiii 

cess to books, or lus dcputy shall have free access to all the books and 

&c., and may v • j • i • • ^i • 

examine offi- papcrs ot aiiy insurancc company doing business in this 
cers under oath. Commonwealth, and may examine under oath its officers or 
agents relative to its business and condition. If any com- 
pany not incorporated in this state, its officers or agents, 
refuse to submit to such examination or to comply with any 
provisions of this act in relation thereto, the authority of 
such company to do business in this Commonwealth shall 
cease, 
oommissioner SECTION 4. Whenever he deems it expedient, the com- 

may publish the . . ,, , ,. , . ,i • i • i . 

result of exami- missioucr Shall piibush lu the newspaper in which the gen- 
eral laws are published the result of any examination made 
as aforesaid. If it appears to the commissioner upon such 
examination that any company not incorporated in this state 

If company re- is in an uusouud couditiou, or if the company refuses to 

lUSG to DG GX" ■ • • 1 •/ 

arained, certifi- submit to ail examination as aforesaid, he shall revoke all 
voked!'*^ "^^ " certificates of authority granted in behalf of such company 
or its agents, and shall cause notice thereof to be published 
in the newspaper aforesaid, and all new business thereafter 
done by the company or its agents in this Commonwealth 
shall be deemed to be done in violation of law. 
Insurance com- SECTION 5. No insurance Company or association incor- 

panies not to i r ^ • r^ i 

issue policies poratcd Or formed m this Commonwealth shall issue policies 

until autliorlzed ..i -i'lii. •• 

bycommis- uutii, upou examination by the insurance commissioner or 
sioner. j^jg (jgputy, it is fouud to have complied with the laws there- 

of; nor until a certificate is obtained from said commis- 



1871.— Chapter 297. 643 

sioner setting forth such fact and authorizing such company 
to issue policies. Every such company or association shall ^^^^jf^^^^a"^- 
pay into the treasury of the Commonwealth for the exami- 
nation required by this section, the sum of thirty dollars. 

Section 6. For such additional assistance as the insur- Deputy-com- 

,_._ „ missioncr &nci 

ance commissioner may find necessary in the discliarge oi additional 
the duties imposed by tliis act and by existing laws, he may ance^'' ^^"'^ " 
appoint, with the approval of the governor and council, and 
subject to removal with their consent, a deputy commis- 
sioner, who shall receive an annual salary of three thousand 
dollars ; and he may also employ such additional clerical 
assistance as may be required in connection with the fire and 
marine department, at an expenditure not exceeding fifteen 
hundred dollars per annum. 

Section 7. The provisions of all general laws relating to Provisions re- 

.t^ .. j_ 1 • ^ • latnig to taxa- 

the taxation of insurance companies incorporated in tins tion, &c., ex- 
Commonwealth, are hereby extended to all companies, asso- co?porated"com'- 
ciatious and individuals formed or associated and engaged in pa^iies- 
any kind of insurance business therein, involving indemnity 
or guarantee against fire and marine losses or losses by 
lightning or otherwise, whether incorporated or not ; and 
such companies, associations and individuals, and their offi- 
cers and agents, shall be subject to the same duties, obliga- 
tions and penalties, and the insurance commissioner shall 
have the same powers and duties in relation thereto, as are 
or may hereafter be provided by the general laws in regard 
to insurance companies incorporated in this state. 

Section 8. Whoever acts or aids in any manner in nego- insurance 
tiating contracts of re-insurance, or placing such risks, or ^'■'^''^''• 
effecting such insurance, for any party other than himself, 
receiving compensation therefor, shall be deemed to be an 
insurance broker, within the meaning of section one of cliap- 
ter ninety-three of the acts of the year eighteen hundred 
and sixty-nine. 

Section 9. The provisions of section eight of chapter Reports reia- 
fifty-eight of the General Statutes are hereby so amended, tloLofiawby 
that the report therein required to be made to the secretary pan"/tobem^e 
of the Commonwealth, relative to violations of law by an toattomey-gen- 
insurance company, its officers or agents, may be made 
directly to the attorney-general. 

Section 10. The provisions of section seventy of chapter Proyisionsof 
fifty-eight of the General Statutes, relating to taxes, penal- incuide 'fee's Vo? 
ties and obligations imposed by the laws of any other state Jfcense**"^' °^ 
upon insurance companies incorporated or organized under 
the laws of this state and transacting business in such other 
state, or upon the agents of such insurance companies, shall. 

28 



644 1871.— Chapters 298, 299, 300. 

be held to include fees charged for certificates of license 
issued to insurance agents or brokers. 

Section 11. This act shall take effect upon its passage. 

Approved May 17, 1871. 

Chap. 298 An Act to abolish the highway tax. 

Be it enacted, ^^c, as follows : 

iuthoT^m^^^^ Section 1. All laws which direct and authorize towns to 
highway taxes, votc sums for the repairs of highways and town ways, to be 
labor and ma- p^id in labor and materials, and which provide for the assess- 
teriaia. mcut and coUcctiou thereof, are hereby repealed. 

^ff*and°rep^fr^ SECTION 2. Towus sliall votc to raisc such sums of money 
ing ways to be as are ncccssary for making and repairing highways and 
collected like towu ways, and order that the same be assessed upon the 
taxea.*"^'* polls and estates of the inhabitants, residents and non-resi- 
dents, as other town charges are assessed, and the same shall 
be collected as other town taxes are collected, 
vcfted^marbe' SECTION 3. Nothing in this act shall be held to prevent 
collected. the oflficcrs of any town from assessing and collecting any tax 

payable in labor and materials which has been voted by any 
town previous to the passage of this act. 

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

Approved May 17, 1871. 

Chap. 299 An Act relating to the payment of state aid to soldiers and 
sailors, and the families of the slain. 

Be it enacted, Sfc., as follows : 

Imld^under' State aid may be continued to any person under chapter 
1870, 339. three hundred and thirty-nine, of the acts of the year eigh- 

teen hundred and seventy, who, being otherwise entitled 
thereto, was or shall be at the time of making application 
therefor, a resident of the Commonwealth. 

Approved May 17, 1871. 



Chap. 300 



An Act relating to deaf mutes. 
Be it enacted, Sfc, as follows. • 

Deaf mutes not SECTION 1. No beneficiary of this Commonwealth in any 
^awn from institution or school for the education of deaf mutes shall be 
conscLt^of 'gov- withdrawn therefrom except with the consent of the proper 
ernor, &c. authorities of such institution or school, or of the governor 
of this Commonwealth. 

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

Approved May 17, 1871. 



1871.— Chapters 301, 302, 303. 645 

An Act concerning the salaries of officers of the state Chap. 301 

PRISON. 

Be it enacted, ^'c, as follows : 

Section I. The following named officers of the state salaries of om- 
prison shall receive the following annual salaries, viz. : the prlsoa. 
warden thirty -five hundred dollars; the clerk two thousand 
dollars ; each turnkey eleven hundred dollars ; each watch- 
man one thousand dollars ; and each assistant watchman 
eight hundred dollars. 

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

Approved May 17, 1871. 
An Act to increase the expenditures and compensation of Chap. 302 

THE AGENT FOR DISCHARGED CONVICTS. 

Be it enacted, §'c., as follows: 

Section 1. The agent for discharged convicts is hereby salary and ex- 

, 1 1 1 T 11 n /• ii penditures m- 

authonzed to expend two thousand dollars annually tor the creased. 
purposes specified in section sixty-six of chapter one hundred 
and seventy-nine of the General Statutes ; and the annual 
compensation of said agent shall be one thousand dollars, 
said increase of expenditure and compensation to commence 
on the first of July of the present year. 

Section 2. The salary of said agent, and properly vouched 
expenditures made by him shall be paid monthly. 

Section 3. All acts and parts of acts inconsistent here- 
with are hereby repealed. Approved May 17, 1871. 

An Act for the improvement of green harbor marsh in the Chan 303 

TOWN OF MARSHFIELD, AND FOR OTHER PURPOSES. ■» ' 

Be it enacted, §'c., as follows : 

Section 1. The proprietors of Green Harbor marsh, in Dam across 
the town of Marshfield, are authorized to erect a dam and river'near'^Tur- 
dikes across Green Harbor river, at or near and not above MarSfieid."^ 
Turkey Point, so called, with one or more sluice-ways and 
gates, for the purpose of draining Green Harbor marsh, and 
improving the same, and preventing flowage from the sea ; 
said dam, dikes and improvements to be made under the au- 
thority of commissioners to be appointed in the manner pro- 
vided in the one hundred and forty-eighth chapter of the 
General Statutes, with all the powers and subject to all the 
duties required or allowed by said chapter : provided, that Proviso, 
not more than twenty of the proprietors shall be required to 
petition the superior court for the appointment of said com- 
missioners ; and it shall be the duty of said commissioners 
to construct fish-ways in said dam if required, and in the 
manner required by the commissioners of fisheries of the 



646 1871.— Chapter 303. 

Commonwealth, and to make return of the same to said 
court; of all which proceedings said court shall have juris- 
diction as fully as if provided in said chapter. 
faf/sas^p?oprfei SECTION 2. For the purposc of Cultivating and improving 
tors of general said marsh, maintaining said dam, and repairing tiie gates, 
sluice-ways and otlier improvements, and the removal of any 
obstructions in the channels of said marsh, which may there- 
after accumulate, and for conducting tlie fisheries at and 
about said dam which may have been introduced by them, 
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 conferred and im- 
posed on the proprietors of general fields by the sixty-seventh 
chapter of the General Statutes, and may include in their 
acts the introduction and propagation of herrings, alewives 
and other fishes. 
Sissloners m'ay SECTION 3. The county commissioncrs of the county of 
contract with Plymouth, in the execution of the powers granted them by 
appointed by chapter twcuty-six of the laws of the year eighteen hundred 
fOT erecHon"of ^ud scveuty, sliall havc authority to contract with the com- 
explnseVf '"'^ missioucrs who may be appointed by the superior court, for 
Marshfieid and the ercctiou of a highway, bridge and dam, without a draw, 
^°^'^ ^' at the joint expense of the town of Marshfieid and the coun- 
ty of Plymouth, and of said proprietors, or any of them : 
Proviso. provided, however, that said dam, bridge and highway, 

whether located separately or together, shall be subject to 
the provisions of section four, chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty- 
six. 
If shoaling Section 4. Should shoaling take place above the level of 

l£IK6S d1SC6 OU" ^ ^ 

structions to be mcaii low Water in the channel of Green Harbor river, and 
proprietors^ of ^ its approachcs below the dam and dikes in consequence of 
six m^ont'hs""^ tiic constructiou of said dam and dikes, said shoaling shall be 
afternotice. removed by the proprietors of Green Harbor marsh, under 
the direction and to the acceptance of the board of harbor 
commissioners. And if the proprietors of said marsh shall 
fail to remove said obstructions for six months after due 
notice from said commissioners, then said commissioners 
shall cause the obstructions to be removed at the expense of 
the proprietors of said marsh, and said proprietors shall be 
liable to the Commonwealth for the same in an action of 
contract and the non-joinder of any party or parties defend- 
ant shall not defeat the same. Approved May 17, 1871. 



1871.— Chapters 304, 305, 306. 647 

An Act to authorize the builders' mutual fire insurance (JJiQ-n^ 304 

COMPANY TO ISSUE POLICIES OUT OF THE COMMONWEALTH, * ' 

Be it enacted, §'c., asfollotos : 

Section 1. The Builders' Mutual Fire Insurance Com- May issue poii- 
pany is hereby authorized to issue policies on property in- England states. 
eluded in their first class, within the New England states. 

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

Approved May 17, 1871. 

An Act to authorize the proprietors of the church in brat- Qfi^v)^ 305 

TLE SQUARE TO SELL ITS MEETING-HOUSE, AND FOR OTHER PUR- "' 

POSES 

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

Section 1. Tlie Proprietors of the Church in Brattle Proprietors 
Square are hereby authorized to sell and convey by deed its "Ifcfmeeting- 
land and meeting-house, situated in Brattle square, in Bos- chale'olher^"" 
ton, and to use the proceeds of such sale, after paying the church property 

11 /. . n • 1 .1 1 I 1 I j-c With the pro-- 

debts of said corporation, to build any other church edince, ceeds. 
or to purchase any other church property in said Boston, for 
the use of said corporation, as its meeting- house ; and 
said corporation and the proprietors of pews in said meeting- 
house in Brattle square, at the time of such sale, shall con 
tinue thereafterwards to have all the powers and privileges 
which they now have, and be subject to all the duties, liabil- 
ities and restrictions to which they are now subject ; and 
persons who, after such building or purchase, shall become 
proprietors of pews in any meeting-house so built or pur- 
chased, shall be members of said corporation. 

Section 2. Prior to any such sale, the pews in the meet- Pews to be ap- 

, ii-.'i i- 1 -J praised prior to 

ing-house now belonging to said corporation may be appraised, sale, 
and the proprietors thereof, in case of such sale, may be 
compensated therefor in the manner provided in the thirty- 
fifth and thirty-sixth sections of tlie thirtieth chapter of the 
General Statutes, in the case of selling and rebuilding a 
meeting-house, or of taking down and rebuilding pews in 
any meeting-house. 

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

Approved May 17, 1871. 



'^l Chap. 306 



An Act to repeal " An Act to change the name of the grover 
and baker sewing machine company, and for othl 

POSES." 

Be it enacted, §'c., as follows : 

Section 1. Chapter three hundred and twenty-seven of ^^^p^"^ °^ ^''^''' 
the acts of the year eighteen hundred and sixty-seven is 
hereby repealed. 

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

Approved May 17, 1871. 



648 



1871.— Chapter 307. 



Chap. 307 



Woburn to be 
supplied with 
pure water from 
Horn Poud. 



May take and 
hold lands in 
Woburn and 
Winchester. 



May build aque- 
ducts, erect 
dams, &c. 



Liability for 
damage. 



No application 
to be made for 
assessment of 
damages until 
water is actual- 
ly taken by the 
town. 



An Act to supply the town of woburn with pure water. 

Be it enacted, ^c, as follows : 

Section 1. The town of Woburn, for the purpose of sup- 
plying the inhabitants thereof with pure water, is hereby au- 
thorized to take, hold and convey to, into and through said 
town, the waters of Horn Pond, so called, in Woburn, or the 
waters of any other pond in Woburn, and the waters which 
flow into the same, and any water-rights connected there- 
with ; and may take and hold, by purchase or otherwise, 
such land on and around the margin of said ponds, not ex- 
ceeding five rods in width, as may be necessary for the pres- 
ervation and purity of said waters, and may also take and 
hold in like manner, such lands in Woburn and in the town 
of Winchester, as may be necessary for erecting and main- 
taining dams and reservoirs, and for laying and maintaining 
conduits, pipes, drains and other works for collecting, con- 
ducting and distributing said waters through said town of 
Woburn. The town of Woburn shall within sixty days from 
the time of taking any land as aforesaid, file in the registry 
of deeds for the southern district of Middlesex county, a de- 
scription of land so taken, sufficiently accurate for identifica- 
tion, and state the purpose for which it is taken. 

Section 2. Said town of Woburn may build aqueducts 
and maintain the same by any works suitable therefor ; may 
erect and maintain dams ; may make reservoirs and hy- 
drants, and may distribute the water throughout the town of 
Woburn, by laying down pipes, and may estabHsh the rent 
therefor. Said town may also, for the purposes aforesaid, 
carry its pipes and drains over or under any water-course, 
street, railroad, highway or other way, in such manner as 
not to ol)struct the same ; and may enter upon and dig up 
any road in such manner as to cause the least hindrance 
to the travel thereon. 

Section 3. Said town of Woburn shall be liable to pay 
all damages that shall be sustained by any persons in their 
property by the taking of any land, water or water-rights, or 
by the constructing of any aqueducts, reservoirs or other 
works for the purposes aforesaid. If any })erson who shall 
sustain damages as aforesaid cannot agree with said town 
upon the amount thereof, he may have them assessed in the 
same manner as is provided by law with respect to land 
taken for highways. 

Section 4. No application shall be made to the county 
commissioners for the assessment of damages for the taking 
of any water- rights, 'until the water is actually withdrawn or 
diverted by said town. Any person whose water-rights are 



1871.— Chapter 307. 649 

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 5. Three commissioners chosen by the town commissioners 
shall execute, superintend and direct the performance of all have charge of* 
the works, matters and things mentioned in the preceding ^•^""^s, &c. 
sections, and not otherwise herein specifically provided for, 
subject, however, to such rules, regulations and by-laws as 
the said town may ordain or establish, not repugnant to the 
provisions of law. They sliall respectively hold office for 
the term of three years next after their election, but may Term of office, 
however be removed by vote of the town. Vacancies in the vacancies in 
board of commissioners may be filled by an election of an- 
other commissioner for the unexpired term. A majority of 
said board shall be a quorum for the exercise of the powers, 
and the performance of the duties of said office ; they shall 
once in six months, and whenever required by the town, 
render a particular report in writing of all their doings, and 
of the condition and progress of said works. The town salaries to be 
shall fix the salaries of said commissioners before their elec- eiectionf a^nd 
tion, which shall not be reduced during their continuance in I'ot to be reduc- 

' o ed during con- 

Office. tinuauce in 

Secton 6. For the purpose of defraying the cost and ex- °\voi5urnWa- 
penses which may be incurred under the provisions of this b"ifsued"not^^ 
act, the town of Woburn, through its treasurer, shall have i^Z^^i^s 
authority to issue irom time to time, notes, scrip or certifi- 
cates of debt, to be denominated on the face thereof, " Wo- 
burn "Water Scrip," to an amount not exceeding two hun- 
dred thousand dollars, bearing interest at a rate not exceed- 
ing seven per centum per annum, payable semi annually ; 
the principal shall be payable at periods not more than 
twenty years from the issuing of said notes, scrip or certifi- 
cates respectively. Said treasurer under the authority of 
said town of Woburn, may sell the same or any part there- 
of, from time to time, or pledge the same for money bor- 
rowed for the purposes aforesaid on such terms and condi- 
tions as he may deem proper. Said town of Woburn 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 payment of the princi- 
pal 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 7. The town of Woburn shall establish or may Price of water 
authorize the said board of commissioners or the board of \l llyl^t^reaT 
selectmen of said town to establish such price or rent for the ^^'^ °^^ p^'' 



650 



1871.— Chapter 307. 



cent, of princi- 
pal of water 
loan. 



Sinking fund. 



Occupant of 
tenement to be 
liable for use of 
water. 



Penalty for un- 
lawfully using 
or maliciously 
diverting water 
or rendering the 
same impure. 



Proviso. 



Inhabitants of 
\Vinchester 
may take the 
water upon 
payment of 
proper rates. 



use of the water as to provide annually, if practicable, from 
the net income and receipts therefor, for the payment of the 
interest, and not less than one per centum of the principal of 
the water loan, and shall determine the manner of collecting it. 
The net surplus income and receipts, after deducting all ex- 
penses and charges of distribution, shall be set apart as a 
sinking fund, and applied solely to the payment of the princi- 
pal of said loan, until the same is fully paid and discharged. 

Section 8. The occupant of any tenement shall be liable 
for the payment of the rent for the use of the water in such 
tenement ; and the owner shall also be liable, if on being 
notified of such use, he does not object thereto. 

Section 9. If any person shall use any of said water 
either within or without said town of Woburn, without the 
consent of said town, or shall wantonly or maliciously divert 
the water or any part thereof, of any of the ponds, streams, 
springs, or sources of water, taken or held by said town of 
Woburn, pursuant to the provisions of this act, or corrupts 
the same, or renders it impure, or destroys or injures any 
dam, aqueduct, pipe, conduit, hydrant, machinery or other 
works or property iield, owned, or used by said town of Wo- 
burn under the authority of and for the purposes of this act, 
he shall forfeit and pay to said town three times the amount 
of damages assessed therefor, to be recovered in an action of 
tort ; and on conviction of either of the wanton or malicious 
acts aforesaid may be also punished by fine not exceeding 
three hundred dollars, or by imprisonment in jail not ex- 
ceeding one year : provided^ that nothing herein contained 
shall be construed to prevent persons from .cutting and se- 
curing ice on said ponds in the manner heretofore practised. 

Section 10. The inhabitants of the town of Winchester 
may take water from the pipes or reservoir of said town of 
Woburn under the provisions of chapter ninety-three of the 
acts of the year eighteen hundred and seventy, and in such 
case shall pay proper rents and rates therefor ; and in case 
of a failure to agree upon proper rents and rates, the same 
shall be fixed by one or more commissioners, to be appointed 
by the supreme judicial court, upon the application of either 
party ; the expense of such proceeding to be equally shared 
by the two towns. If the said town of Winchester shall vote 
to take water as aforesaid, then the said town of Winchester 
shall have all the power herein granted to the town of Wo- 
burn, to lay and maintain conduits, pipes and drains, to 
make reservoirs and hydrants, and to enter upon and dig up 
roads in said town of Winchester for conducting and distrib- 
uting said waters through the town of Winchester. 



1871.— Chapter 307. 651 

Section 11. The city of Charlestown and the town ofDamjiiaybe 

-^T . 1 /. 1 1 11 1 1 erected near 

Woburn, or either of them, shall have power to erect and outlet of Horn 
maintain a dam at or near the outlet of Horn Pond, and 
raise the waters of that pond as high as the party erecting 
such dam may judge necessary for the purposes of this act, 
and in order to furnish a more permanent supply of water 
for the purposes set forth in chapter one hundred and five 
of the acts of the year eighteen hundred and sixty-one, and 
of the acts in addition thereto ; the waters of said dam, 
however, not to exceed a level of six feet above the present 
high-water mark of said pond. All damages sustained by Damages, 
the erection of said dam are to be recovered against the 
town or city erecting said dam. The town of Woburn and cTmrkftown 
the city of Charlestown are authorized to enter into any may agree to 
agreement, to divide between them, in such proportion as dam. 
may be agreed upon, the cost of erecting and maintaining 
said dam and the damages occasioned thereby : provided^ Provisos. 
however^ if said city of Charlestown and said town of Wo- 
burn enter into such agreement, said damages may be re- 
covered either against said city or said town, or against both 
of them, in such manner as is provided in this act, or in 
chapter one hundred and five of the acts of the year eighteen 
hundred and sixty- one, and in the several acts passed in ad- 
dition thereto. And provided^ further, that if such dam 
shall be wholly erected by said town, or said city, the town 
or city so erecting the same shall have the exclusive regula- 
tion of said dam and of the raising and lowering of the wa- 
ters controlled thereby, and shall also be entitled to receive 
a reasonable compensation from the other town or city for 
any benefit derived or to be derived thereby ; and in case 
they cannot agree as to the amount of such compensation 
the same may be determined by a commissioner or commis- 
sioners to be appointed by the supreme judicial court sitting 
in equity, and their award may be rejected or accepted and 
enforced by said court. 

Section 12. The towns of Woburn and Winchester shall F^^^'"^|^{^p''^j^ 
not permit any of the waters which shall be supplied for do- other purposes 
mestic, manufacturing or other purposes under this act, to "urne'd^to'pond 
run or be returned into Horn Pond, Wedge Pond, Abajonah by sewers, &c. 
River, Mystic Lake, or into any of the tributaries of any of 
them, by any drain or sewer constructed for the purpose. 

Section 13. This act shall be void unless accepted by a subject to ac- 
majority of the legal voters of said town of Woburn, present vme'^oTtown. 
and voting thereon, at a legal meeting held within one year 
from the time this act goes into effect. 

Section 14. This act shall take effect upon its passage. 

29 Approved May 17, 1871. 



652 



1871.— Chapters 308, 309. 



Cliap. 308 



Barnstable re- 
lieved from 
penalties for not 
maintaiuiug 
high school. 



Proviso. 



Ax Act to relieve the town of barnstable from penalties 

INCURRED BY NEGLECT TO MAINTAIN A HIGH SCHOOL. 

Be it enacted, ^'c, as follows : 

The town of Barnstable is hereby relieved from the penal- 
ties named in section fourteen of chapter thirty-eight of the 
General Statutes, for having heretofore neglected to main- 
tain such a high school as it is required to maintain by 
section two of said chapter : provided, that said town shall 
hereafter maintain such a high school. 

Approved May 17, 1871. 



Chap. 309 



Lancaster to be 
supplied with 
pure water. 



Proviso. 



Corporation 
may purchase 
water of 
springs, &c., 
and convey the 
same through 
the town. 



Dams, reser- 
voirs, &c. 



Work upon 
public ways to 
be done under 
direction of 
selectmen. 
Liability for 
damages. 



An Act to incorporate the union aqueduct company in 
lancaster. 
Be it enacted, S,'c., as follows : 

Section 1. Nathaniel Thayer, Francis B. Fay, Lucius L. 
Farwell, their associates and successors, are hereby made a 
corporation by the name of the Union Aqueduct Company, 
for the purpose of furnishing the inhabitants of Lancaster 
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 now are or hereafter may be in 
force applicable to such corporations : provided, that the said 
corporation shall not interfere with any of the rights or priv- 
ileges of the New Boston Aqueduct Company nor lay any 
water-pipes south of the road leading from George's hill, 
near the school-house, to Bolton. 

Section 2. Said corporation may purchase, hold and con- 
vey to, into or through any of the villages of said town the 
water of any spring or springs, natural pond, brook or 
brooks in said town, and may purchase any real estate neces- 
sary for the preservation and purity of the same and for lay- 
ing and maintaining said aqueduct, distributing water, form- 
ing dams and reservoirs, and may lay its water-pipes through 
any private lands, with the right to enter upon and dig up 
the same for all necessary repairs, and for the purposes afore- 
said may carry its pipes under any water-course, railroad, 
street, highway or other way, in such manner as not to ob- 
struct the same : provided, that all work done upon any pub- 
lic way shall be done under the direction of the selectmen of 
said Lancaster. 

Section 3. Said corporation shall be liable to pay all 
damages that shall be sustained by any person or corporation 
in their property by the laying or repairing of said water- 
pipes. If any person or corporation who shall suffer damage 
as aforesaid cannot agree with said corporation upon the 
amount of said damages, the same shall be ascertained, deter- 



1871.— Chapter 310. 653 

mined and recovered in the same manner as is provided by 
law with respect to land taken for highways. 

Section 4. The capital stock of said corporation shall not capital stock 
exceed ten thousand dollars, to be divided into shares of one ^^^ shares. 
hundred dollars each, and no liability shall be incurred by 
said corporation until twenty-five per cent, of its capital stock 
has been paid in in cash. 

Section 5. Any person who shall maliciously corrupt or Penalty for ren- 

QorinfiT W3.tcr 

render impure the water or any part thereof, or who shall impure and 
maliciously destroy or injure any dam or reservoir, aqueduct, divertingYhe 
pipe or hydrant or other property held, owned or used by ^^^^' 
the said corporation for the purposes of this act, shall pay 
three times the amount of actual damage to the said corpora- 
tion, to be recovered in an action of tort ; and every such 
person upon conviction of either of the acts aforesaid, shall 
be punished by fine not exceeding one hundred dollars or 
imprisonment not exceeding three years. 

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

Approved May 17, 1871. 

An Act ii«r relation to the adoption of children. ChdV. 310 

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

Section 1. Any person may petition the probate court in Petition for 
the county of his residence for leave to adopt a child, and if diodbyperl'oif 
the petitioner is not an inhabitant of this state, such petition ofVtate'to b^* 
may be made to the probate court in the county where the macie'iu county 
child resides ; but the prayer of such petition by a person ?eswes? 
having a husband or wife, shall not be granted unless the p™^'*°' 
husband or wife joins therein. 

Section 2. No decree for such adoption shall be made. Decree not to 
except as hereinafter provided, without the written consent outTiittrncon- 
of the surviving parent or parents of the child, of the guar- ando°/cwid°if 
dian of the child, if any, and of the child if above the age of above fourteen. 
fourteen years. 

Section 3. If either parent is unknown, or adjudged pa°/,ff not re- 
hopelessly insane, or imprisoned in the state prison or a quired in cer- 
house of correction under sentence for a term not less than visiting agent 
three years, or has wilfully deserted and neglected to provide sentTto^adop- 
proper care and maintenance for such child for one year ^'°°' 
next preceding the date of the petition, or suffered such 
child to be supported by any charitable institution incorpo- 
rated by law, or as a pauper by any city or town or by the 
state, for more than one year continuously prior to the peti- 
tion, the consent of such parent shall not be required : pro- 
vided^ the visiting agent of the board of state charities shall 
iu writing consent to such adoption. 



654 1871.— Chapter 310. 

parous arl^ SECTION 4. If both parents are dead, the guardian, if 

dead. any, and if there is no guardian said visiting agent and the 

next of kin iii this state, may give such consent. 

^ot cmrseur^ SECTION 5. Whenever the parent, if living, does not con- 

personai notice scut, the court shall ordcr notice of the pendency of the peti- 

pendefi"y of tiou by pcrsonal service on such parent of a copy of the 

petition. petition and order thereon, or if such parent is not found 

within the state, by publication thereof once a week for three 

successive weeks in such newspaper or newspapers as the 

court shall order, the last publication to be seven days at 

least before the time appointed for the hearing. And in any 

case, the court may order such additional notice and consent 

as may be deemed proper. 

be" adopted '^^ SECTION 6. A pcrsou of adult age may be adopted in like 

upon his own manner upon his own consent, without other consent or 

consent. , . * ' 

notice. 
Decree may he SECTION 7. If satisfied of the identity and relations of the 

madetliatcliild, . . . . „ ~X . , ... , . 

&c., shall be parties, and that the petitioner is oi suincient ability to bring 
tioner" anV' up the child and furnish suitable nurture and education, and 
name changed, ^^^q,^ it is propcr such adoption should take effect, the court 
shall make a decree ordering that the child or person shall 
thereafter be to all legal intents and purposes the child of 
the petitioner, and may also decree such change of name as 
the petitioner may pray for. 
^roTrt^"bv°Iu Section 8. A child or person so adopted shall be deemed 
adopted child, for the purposo of inheritance, and all other legal conse- 
quences of the natural relation of parent and child, to be 
the child of the parent or parents by adoption, as if born to 
them in lawful wedlock, except that he shall not take prop- 
erty expressly limited to the heirs of the body or bodies of 
the parents by adoption, nor property from the lineal or col- 
lateral kindred of such parents by right of representation. 
Adoption to ter- SECTION 9. Such adoption shall terminate all the rights, 
rights, &c., be- obligations and legal incidents and consequences of the rela- 
nltur"afpar*ents, tiou of parent and child between the child or person and his 
except, &c. natural parents, except the right of the child or person to 
take property as heir or next of kin of his natural parents 
or kindred directly or by right of representation. 
Parties aggriev- SECTION 10. Any pcrsou aggrieved by an order, denial or 
tos^j^a^*^'' decree of the probate court on such petition, may appeal 
therefrom to the supreme judicial court in like manner as 
appeals may be taken from other decrees of that court ; and 
the supreme judicial court in its discretion may allow any 
parent who had no personal notice of the proceedings before 
the decree, to appeal at any time within one year after actual 
notice thereof. 



1871.— Chapters 311, 312, 313. 655 

Section 11. The first ten sections of chapter one hundred i^^p^^i- 
and ten of the General Statutes, chapter two hundred and 
thirteen of the acts of eighteen hundred and sixty-four, chap- 
ter one hundred and eighty-nine of the acts of eighteen hun- 
dred and sixty-nine, chapter three hundred and seventy-one, 
and section two of chapter ninety-two of the acts of eighteen 
hundred and seventy, are hereby repealed. 

Approved May 18, 1871. 

An" Act to change the location of the exchange insurance QJiap. 311 

COMPANY. 

Be it enacted, cVc, as follows : 

Section 1. The Exchange Insurance Company, now locat- f^^^^;^"^®^^" 
ed in Lynn, shall hereafter be located in Boston, and shall panVof Lynn 
make insurance only against losses by fire. Boston.*'^'*^'^ "^ 

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

Approved May 20, 1871. 
An Act concerning actions of tort by and against mar- QJiap, 312 

RIED WOMEN. 

Be it enacted, §'c., as follows: 

Section 1. Any married woman may sue and be sued in Amamed 

,.«,,.•'., -PI 1 J woman may sue 

actions 01 tort in the same manner as it she were sole, and and be sued in 
her husband shall not be liable to pay the judgment against ilndTusband'^*' 
her for damages or costs in any such suit, but the same may "°g\g^'''^|f ^°'" 
be collected out of her property, real or personal ; and all 
sums recovered by her in any such suit, shall be her sole 
and separate property. 

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

Approved May 23, 1871. 

An Act to authorize the county commissioners of Bristol Qhfiy) 313 
county to remodel or rebuild the jail at taunton, or *^' 

erect a new one. 

Be it enacted, §'c., as follows : 

Section 1. The county commissioners of the county of ^^^^^^^]^^^^^ 
Bristol are hereby authorized and required to remodel or in'taunton. 
rebuild the preseiit jail or erect a new jail at Taunton, and 
have the same completed within one year from the passage 
of this act. 

Section 2. They are hereby authorized to sell and con- Mayseiijaiiiot 
vey the whole or any portion of the present jail lot, and ^•^^^p"''^''^'® 
buildings thereon, as they may deem expedient, and pur- 
chase a new lot for a jail ; and they are hereby authorized to 
borrow on the credit of the county, for the purposes of this 
act, a sum of money not exceeding fifty thousand dollars. 

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

Approved May 23, 1871. 



656 1871.— Chapters 314, 315, 316. 

Chap. 314 -^^ -^CT TO INCREASE THE SALARIES OF THE CLERKS OF THE POLICE 
COURTS OF HAVERHILL AND OF FALL RIVER. 

Be it enacted., §'c., as follows : 
derkl^oVpoiice SECTION 1. The clerk of the police court of Haverhill 
courts of Haver- shall hereafter receive an annual salary of eight hundred 
River. ' dollars ; and the clerk of the police court of the city of Fall 
River shall hereafter receive an annual salary of one thou- 
sand dollars. 

Section 2. This act shall take effect on the first day of 

July next. Approved May 23, 1871. 



Chap. 315 



An Act concerning appeals in civil actions before the 

municipal court of the city op boston. 
Be it enacted, Sfc, as follows : 
Appellant to SECTION 1. In any civil action or proceeding before the 

file bond to ad- .., ± r ±^ •!_ r -rt i ii 

verse party to municipal court 01 the City 01 iJoston, except such as may 
appel?and pay ^6 coiiimenced undcr the one hundred and thirty-seventh 
costs. chapter of the General Statutes, in which a party claims an 

appeal within the time required by law, such appellant, in 
lieu of recognizing to prosecute such appeal, shall, within 
twenty-four hours after the entry of judgment, file a bond 
with sufficient surety or sureties to the adverse party, if re- 
quired by him, in a reasonable sum, with condition to prose- 
cute his appeal with effect, and to pay all such costs as may 
arise after the appeal. 
Amendment to SECTION 2. The ninth scctiou of the one hundred and 
thirty-seventh chapter of the General Statutes, so far as it 
applies to the municipal court of the city of Boston, is hereby 
amended by striking out the word " recognize " and insert- 
ing in the place thereof the words give bond, and by striking 
out the word " recognizance " and inserting in the place 
thereof the word bond. 
Sufficiency of SECTION 3. The Sufficiency of the surety or sureties and 
boifdVo be de- the amouut of the bond shall be determined, in term time or 
/ustice?'^ ^^ '^ vacation, by any justice of the said municipal court, or by 
the clerk thereof, according to such general rules as the 
court may from time to time establish ; and such justice or 
clerk may examine on oath, to be administered by either of 
them, the persons offered as sureties, as to their sufficiency. 

Approved May 23, 1871. 



Chap. 316 



An Act in addition to an act to prevent the obstruction of 
highways by railroad corporations. 

Be it enacted, Sj-c, as follows : 
Construction of SECTION 1. The word " highway," wherever it occurs in 
way?»'isn,'83. chapter eighty-three of the acts of the year eighteen hundred 



1871.— Chapters 317, 318, 319. 657 

and seventy-one, shall be construed to include town ways 
and streets. 

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

Approved May 23, 1871. 



C%ap.317 



An Act in addition to an act to incorporate the town of 

AYER. 

Be it enacted, ^c, as foUoics : 

Section 1. The inhabitants of that portion of the terri- voting for rep. 
tory taken from Groton, in the town of Ayer, may vote in by'iuhawtants 
said territory for representatives to the general court ; and °^i^!e"from 
the clerk of the town of Ayer shall make returns and meet Groton. 
with the clerks of Groton and Pepperell, for the purpose of 
ascertaining the result of the election of representatives for 
the thirty-first representative district, and making certificates 
of the same, at the time and place now provided by law for 
said meeting ; and all parts of said act of incorporation 
inconsistent herewith are hereby repealed. 

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

Approved May 23, 1871. 
An Act to authorize the president and fellows of harvard f^j Q 1 u 

COLLEGE to EXTEND THEIR WHARF IN CAMBRIDGE. Kylldp. OlO 

Be it enacted, ^'c, as follows : 

Section 1. License is hereby given to the President and Harvard coi- 

ICffG rnn,v Gxtcnd 

Fellows of Harvard College to extend their wharf on Charles wharf in cam- 
river in Cambridge, in a westerly direction up the course of ^"'^s'^" 
said river, about one hundred feet, subject to the provisions 
of chapter one hundred and forty-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 the year eighteen hundred and sixty-nine. 

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

Approved May 23, 1871. 

An Act to enable the city of newburyport and the towns of 
amesbury and salisbury to take stock in the newburyport 
and amesbury horse railroad company. 
Be it enacted, §'c., as follows: 

Section 1. The city of Newburyport is hereby authorized Newburyport, 
to subscribe for and hold shares in the capital stock of the saTisLry^may 
Newburyport and Amesbury Horse Railroad Company to Ifo^rse ralkoad. 
an amount not exceeding twenty-five thousand dollars, and 
the towns of Amesbury and Salisbury each to an amount 
not exceeding ten thousand dollars, and to pay for the same 
out of the treasury of said city and towns respectively, and 
to hold the same as city and town property, subject to the 
disposition of the said city and towns respectively, for pub- 



Chap. S19 



658 1871.— Chapters 320, 321. 

lie purposes, in like manner as any other property which 
Proviso. they may possess respectively: provided, that two-thirds of 

the legal voters of said city and towns respectively, who may 
be present and voting thereon, shall vote so to do at any 
legal meetings called for that purpose by the mayor and al- 
dermen of said city, and the selectmen of said towns respec- 
tively, within one year from the passage of this act. 
May raise mon- SECTION 2. Said city and towus respectively are hereby 
taxation'.'^ ^^ authorized to raise by loan or tax any sum of money which 
shall be required to pay their respective instalments on their 
respective subscription to said stock and the interest thereon 
respectively. 
Mayor and SECTION 3. The Said city of Ncwburyport, by its mayor 

subscribe for for the time being, and the selectmen of the towns of Ames- 
for*dife°cto^s!^ bury and Salisbury, respectively for the time being, shall 
meet^gs!"^'^"^ Subscribe, in behalf of the said city and towns respectively, for 
such number of shares in the capital stock of said company 
as shall be voted by said city and towns respectively, and 
the said mayor and said selectmen respectively are hereby 
authorized to cast the vote of the said city and towns re- 
spectively in the choice of the directors of said company, and 
to appear and act in behalf of said city and towns respective- 
ly in the transaction of any business of said company, so 
long as said city or towns or either of them shall hold shares 
in said corporation. 

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

Approved May 23, 1871. 

An Act for the preservation of deer. 
Be it enacted, §'c., as follows: 
Penalty for SECTION 1. Whocver at any time of the year hunts, 

huntiug deer in 7" ..t i • ^ • ^ • t» 

piymoutb and chascs Or kills, With dogs, any deer withni the counties ot 
countiel ^ Plymouth or Barnstable, shall forfeit for every such offence 
one hundred dollars. And any person may kill any dog 
found chasing or hunting deer in said counties. 

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

Approved May 23, 1871. * 
Chan 321 ^ ^'^'^ ^^ relation to the discharge of persons confined as 

^' INSANE. 

Be it enacted, &,'c., as folloivs : 
Person confined SECTION 1. Any two of the trustccs of either of the 
hJ)spitaimaybe statc luuatic hospitals, on application in writing or of their 
tnS^oT^^ own motion, or any judge of the supreme judicial court at 
court. any time and in any county, or the judge of the probate 

court for the county in which the hospital is located or of 
the county in which the patient had his residence at the time 



Chap. 320 



1871.— Chapter 321. 659 

of his commitment or admission, on such application, after 
such notice, as the said trustees or judge may deem reason- 
able and proper, may discharge any person confined therein 
if it appears that such person is not insane, or, if insane, 
will be sufficiently provided for by himself, his guardian, his 
relatives, his friends or the city or town liable for hi^ sup- 
port, or that his confinement therein is not longer necessary 
for the safety of the public nor his own welfare. 

Section 2. Any two of the trustees may also remove ifnotdanger- 
any person confined therein to the city or town in which the onmproTement 
judge or court committing him certified that he resided at ™Yown oTresi? 
the time of the confinement, or to the place of his known dence. 
lawful settlement, when in their opinion he ceases to be dan- 
gerous and is not susceptible of mental improvement at the 
hospital, if such city or town does not remove him after rea- 
sonable notice in writing. 

Section 3. Any person may, in writing, make applica- Application to 
tion to a judge of the supreme judicial court at any time perion'ir^m" 
and in any county, setting forth that he believes or has rea- i^roperiy confln- 

,1. 1 1 • -I • r- -t ed in hospital. 

son to believe that a person therein named is confined as an 
insane person in a lunatic hospital or other place, whether 
public or private, and ought not longer to be so confined, 
stating also the names of all persons supposed to be interest- 
ed in keeping him in confinement, and requesting his dis- 
charge. 

Section 4. The judge shall, upon reasonable cause being Notice to be 
shown for a hearing, order notice of the time and place of fntlnde°nt"^*'' 
hearing on said application to be given to the superintendent 
in charge of the hospital, or place of confinement, and to 
such other persons as he deems proper, and such hearing 
when ordered shall be had as speedily as conveniently may 
be before the same or any other judge of the supreme judi- 
cial court in any county. The alleged insane person may 
be brought before the judge, at the hearing, upon a writ of 
habeas corpus, if any party so requests and the judge deems 
it proper, and an issue or issues may be framed and sub- issue may be 
mitted to a jury by direction of the judge or on the request mu'tedtTa^" 
of any person who appears in the case. The jurors may be ^"'"^" 
those in attendance on said court, if in session at the time 
of the hearing, or may be. summoned for the special pur- 
pose on venires issued by the clerk of said court upon the 
order of the judge substantially in accordance with the pro- - 
visions of chapter one hundred and thirty-two of the Gen- 
eral Statutes. 

Section 5. If it appears upon the verdict of the jury, or if not insane, to 
in the opinion of the judge, if not submitted to a jury, that ^e discharged. 
30 



660 1871.— Chapter 322. 

the person so confined is not insane, he shall be discharged 

from such confinement. 
tf!mfchaTi-^ Section 6. Upon complaint of any person confined in 
ties to investi- anv lunatic hospital or other place for the treatment or cus- 

gate case, upon .in- ■, t • , n ,, 

complaint of todj 01 msanc persons, public or private, or oi any other 
Fnhospiua.^"''^ person in his behalf, to the general agent of the board of 
state charities that such person ought not longer to be so 
confined, the agent shall have power to investigate the case, 
make report thereof to said board, and if they so direct, 
shall make application for the discharge of the person so 
confined to a judge of the supreme judicial court, as pro- 
vided in section three of this act ; and the proceedings upon 
such application shall be as ordered in section four and five 
of this act. And any district attorney, upon request of the 
agent, shall aid him and conduct the proceedings in his be- 
half. 
Repeal. SECTION 7. Scctiou twcnty-uine of chapter seventy-three 

of the General Statutes, sections fourteen and fifteen of 
chapter two hundred and twenty-three of the acts of the 
year eighteen hundred and sixty-two, and sections one, 
two, three, four and five of chapter two hundred and eighty- 
eight of the acts of the year eighteen hundred and sixty- 
four are hereby repealed. Approved May 23, 1871. 

An Act in addition to " An Act respecting the sale and invest- 
ment OF estates encumbered by contingent remainders, ex- 
ecutory devises or powers of appointment." 

Be it enacted, §'c., as folloios : 

t'ointtm^I^^' Section 1. Whenever any real estate is encumbered by 
of estate encum- aiiv Contingent remainder, executory devise or power of 

DGrGQ DV con* •/ cj ^ tf X ^ ^ 

tingent remain- appointment, the suprcmc judicial court may, upon petition 
autiiome^iL of any party who has an estate in possession in such real 
estate'^^^""^ cstatc, appoint a trustee for such estate, and authorize said 
trustee to mortgage the estate for such amounts, on such 
terms and conditions, and for such purposes as may seem to 
such court judicious or expedient, and shall fix the form 
and amount of the bond to be given by such trustee. 
Sverto?^n*^ Section 2. Notice of the proceedings shall be given to 

parties in inter- all pcrsous who are or may become interested in the real 
estate, and to all persons whose issue, not in being, may be- 
come interested therein, as the court may order. The court 
shall, in all such cases, appoint a suitable person to appear 
Next friend of and act ill such proccedinffs as the next friend of all minors, 

minor, &c., to . \ • -i i-i- i i 

be appointed, pcrsous uot ascertained or persons not in being, who may be 
or may become interested in such real estate, the cost of 
whose appearance and services, including compensation of 
counsel, to be determined by the court, shall be paid as the 



Chap. 322 



1871.— Chapter 323. 661 

court may order, either out of the proceeds of the real estate 
or by the petitioners, in which latter case execution may 
issue in the name of such next friend. An order or decree 
made in any such proceedings, and a mortgage of real estate 
thereunder, shall be binding and conclusive. 

Section 3. The probate court for the county in which Probate court 

1 to iiuvc concur" 

any such encumbered estate may be situated, shall have con- rentjurisdic- 
current jurisdiction with the supreme judicial court in all *^°"' 
cases arising under this act. 

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

Approved May 23, 1871. 
An Act to incorporate the women's economical garden QJidp^ 323 

HOMESTEAD LEAGUE. -^ ' 

Be it enacted, ^'c, as follows : 

Section 1. Aurora H. C. Phelps, Harriot R. Hunt, Elmi- corporators. 
ra E. Gibson, their associates and successors, are hereby 
made a corporation under the name of the Women's Eco- Name and pur- 
nomical Garden Homestead League, to be located in the city ^°**^' 
of Boston, for the purpose of managing, adding to and 
administering the funds belonging to said corporation, for 
tlie benefit of working women and minors, by securing to 
them a liberal industrial education, and for the establishment 
of industrial homestead settlements in or near the several 
cities and towns. 

Section 2. Said corporation shall have all the powers Powers and 
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 applicable to corporations for 
charitable, educational or religious purposes. 

Section 3. Said corporation may invest any of the funds investment of 
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 year eighteen hundred and seventy ; and said 
subscription may be to the extent of five thousand dollars in 
any one association. 

Section 4. Said corporation may hold by gift, grant and foa^i'*e°tatef' 
purchase, real or personal estate not exceeding in value the 
sum of one hundred thousand dollars, but no liability shall 
be incurred until property of the value of five thousand dol- 
lars shall have been acquired, or cash to that amount shall 
have actually been paid in, for the use of the league. 

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

Approved Alay 23, 1871. 



662 



1871.— Chapters 324, 325. 



Corporators. 



Name and pur- 
pose. 



Chap. 324 An Act to incorporate the boston co-operative building 

COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. William Gray', Abby W. May, Henry B. Eogers 
and Anna Cabot Lodge, their associates and successors, are 
hereby made a corporation by the name of the Boston Coop- 
erative Building Company, in the city of Boston, to hold and 
improve real estate in said city, as homes for working people 
at moderate cost ; with all the liabilities, duties and restric- 
tions set forth in all general laws which now are or may 
hereafter be in force relating to such corporations. 

Section 2. Said corporation shall have power to hold real 
and personal estate for the purposes aforesaid, not exceeding 
two hundred thousand dollars in value. 

Section 3. The stock of said corporation shall be divid- 
ed into shares, each of the par value of twenty-five dollars, 
and the dividends on said shares shall not exceed seven per 
cent, per annum on the par value thereof. 

Section 4. Said corporation shall make a return annu- 
ally to the board of state charities of the amount of capital 
assessed and paid in, of the amount invested in lands and 
buildings, and of all expenses incurred in the management 
thereof, and of all receipts from rents or other sources, and 
the dividends declared during the year. 

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

Approved May 25, 1871. 



Real and per 
sonal estate. 



Par value of 
shares. 



Dividends. 



To make an- 
nual return to 
board of state 
charities. 



Chap. 325 



ward of Boston. 



An Act to authorize the old colony and Newport railway 
company to construct a branch in the sixteenth avard op 
boston, and concerning the shawmut railroad company. 

Be it enacted, Sfc, as follows: 

May construct SECTION 1. The Old ColoUV and Newport Railway Corn- 

branch railroad , , "' . . '■■, •^ -i 

in the sixteenth pauy may iocatc, construct, maintain and operate a railroad 
with one or more tracks, commencing at some convenient 
point on or near the Neponset river, in the city of Boston, 
near Granite Bridge, so called, and thence running in a 
northerly and westerly direction through the sixteenth ward 
of the city of Boston to a point at or near Park street, 
thence easterly to some point on the railroad of said com- 
pany between the Harrison square and Crescent avenue 
stations, with authority to cross in its course the Milton 
Branch Railroad of said company and the north-westerly 
part of Cedar Grove Cemetery in said Boston : provided^ 
said Old Colony and Newport Railway Company first oljtains 
the consent of the Shawmut Railroad Company thereto, in 
which case the right of said last-named company to locate, 
construct, maintain and operate a railroad southerly of said 



Proviso. 



construction. 



1871.— Chapters 326, 327. 663 

Park street, and to enter with its railroad upon, unite the 
same with and use the railroad of the Old Colony and New- 
port Railway Company shall cease ; with all the powers and ^"^YeT "°*^ 
privileges, and subject to all the duties, restrictions and lia- 
bilities set forth in the general laws which now are or may 
hereafter be in force relating to railroad corporations. 

Section 2. The Old Colony and Newport Railway Com- $100,000 addi- 
pany may increase its capital stock one hundred thousand stock. *^^^'*^^ 
dollars, for the purpose of constructing said line of railroad. 

Section 3. The time within which the Shawmut Railroad ^Jr^i^^Stn^d 
Company may locate and construct the remaining portion of construction of 

.,'.,'' T . *', , . 1 J , bhawmut Rail- 

its railroad is hereby extended two years. road. 

Section 4. This act shall take effect upon its passage, Location and 

and shall be void unless said railroad provided in section 

one shall be located within one year and constructed within 

two years from the passage hereof. Approved May 25, 1871. 

An Act to fix the salary of the clerk of the district court Chctp. 326 

OF NORTHERN BERKSHIRE. 

Be it enacted, §'c., as follows: 

Section 1. The annual salary of the clerk of the district ^^ed'^tSo.^ 
court of Northern Berkshire shall be eight hundred dollars, 
payable from the first day of January of the present year. 

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

Approved May 25, 1871. 
An Act in relation to the appointment of trustees in certain r^i^y. '^97 

CASES* -A 

Be it enacted, §'c., as follows : 

Section 1. When lands in this state are held in trust for Trustee, hoid- 
persons resident here, by a trustee who derives his appoint- "eficientl a°nd 
ment or authority from a court having no jurisdiction within pPP^'not'^hav- 
this Commonwealth, application may be made to the pro- ing jurisdiction 
bate court in the county in which the lands are situated, and quired\'o take ' 
such trustee, after due notice of such application, shall be ""uVt'^from pro- 
required to take out letters of trust from said court; and bate court 

1 1 p 1 /. 1 1 '/i ii where lands be. 

upon the neglect or refusal of the trustee to comply with the 
orders of the court therein, the court shall declare such trust 
vacant, and appoint a new trustee, in whom the estate held 
in trust shall vest in like manner as if he had been originally 
appointed or authorized by said probate court. 

Section 2. The notice to the trustee required by the Notice to be 
preceding section, may be given by serving on the trustee a fng'^copy of'pe- 
copy of the petition or application aforesaid, and the citation teg"*^ ""^ *'"®" 
of the court issued thereon, fourteen days at least before the 
time fixed for the return of such citation, or by such other 
notice as the court may order. Aj^proved May 25, 1871. 



664 1871.— Chapters 328, 329, 330. 



QOg An Act for the protection of shell fisheries in the town op 

DARTMOUTH. 



Chap 

Be it enacted, ^-c, as follows : 

betakl^^bT"" SECTION 1. No person not an inhabitant of the town of 

excep^tly'^a* Dartmouth shall take any clams, quahaugs, oysters or other 

permit from sliell-fish within the waters of said town, for bait, or for the 

purpose of selling the same, without first obtaining a permit 

in writing from the selectmen of said town, nor shall any 

person, being an inhabitant of said town, take any of the said 

fish in the waters thereof for bait or for the purpose of sell- 

th°rlebulh'^islt ^"S ^^^^ Same iu quantity at any one time exceeding three 

one time to be bushols (including tlio shclls), witliout such a permit from 

taken by iuliab- •ji, i /i -j. r \ 

itaut. said selectmen, who may grant such permits tor such sums, 

to be paid to them for the use of said town as they deem 
proper. 

^e?^''^ty for vio- Section 2. Whoever shall take any shell-fish in violation 
of the provisions of this act, shall for every such offence pay 
a fine of not less than five nor more than ten dollars, 
with costs of prosecution, and one dollar for every bushel of 
shell-fish so taken. Approved May 25, 1871. 

ESTATE BY EXECUTORS AND 
TRUSTEES IN CERTAIN CASES. 

Be it enacted, Sfc, as follows : 
If, under a will, SECTION 1. Where, undcr the provisions of a will, the 
estate depends salc of dcviscd real cstatc by a trustee or executor is depend- 
a^p*Sso°n de" ° eut upou the conscut of a person who shall have deceased, 
probate''court°^ the judgc of thc probatc court having jurisdiction of the pro- 
may authorize cccdings in the settlement of the estate, may, in his discre- 
tion, authorize the sale of such real estate the same as 
Proviso. though no such consent was required : provided, all parties 

interested in the sale assent thereto. 

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

Approved May 25, 1871. 



Chan. 329 ^^ "^^^ concerning sales of real 

■t' TRTTSTFWS TNT PVRT/ 



Chap. 330 



An Act in addition to an act providing for the establishment 
of true meridian lines, and for regulating the practice of 
surveying in this state. 

Be it enacted, §'c., as follows: 

b^ianfsurve^*^ SECTION 1. All apparatus for linear measurements used 

ors for linear by any land surveyor shall be tested and proved once in each 

to*be^"annuaiiy year, by the sealer of weights and measures, in the town or 

of^welgMs and"^ city whcrc such surveyor resides, or where he has his busi- 

measurea. ncss-ofiice, aiid all chains, tapes or other implements used 

for linear measurements that cannot be made to conform 

to the standard, shall be marked condemned, or CD., by 

the sealer of weights and measures, and no surveyor shall 



1871.— Chapter 831. 665 

thereafter use the same for measuring land, under the pen- 
alty of twenty dollars for each offence. 

Section 2. The mayor and aldermen of any city, or se- competent per- 
lectmen of any town, may, if in their judgment they shall po'/ntedYo'^test 
deem it expedient so to do, appoint any suitable and compe- ""piements. 
tent person other than the sealer of weights and measures, 
to test and prove such measuring implements used by land 
surveyors. 

Section 3. In all cases the standards used for such tests Tests to be 
shall be based upon and shall correspond to the standards st^anda"ds"fur- 
furnished by the state to sealers of weights and measures. smef ^^ *^* 

Section 4. The fee for such testing and proof of each Fees, 
article of apparatus shall be twenty-five cents, to be paid 
by the person presenting the apparatus for test. 

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

Approved May 25, 1871. 



Chap. 331 



An Act to provide for a railroad police and for the better 
protection op passengers upon railroad trains and at rail- 
ROAD stations. 

Be it enacted, §'c., as follows : 

Section 1. The selectmen of any town, or the mayor and Employees of 

1 I n ., j^ii'i- o •^ -I railroad com- 

aldermen oi any city may, upon the petition oi any railroad pauies may be 
corporation having a passenger station within the limits of acTas railroad 
such town or city, appoint as many of the employees of said "^"{Itf^a^of "om- 
company as they may deem proper, police officers, to act as pauy. 
railroad police for the purposes and with the powers herein- 
after set forth. Such police officers shall hold their offices 
during the pleasure of the selectmen or mayor and aldermen 
by whom they are appointed, unless their powers shall be 
terminated as provided in section nine. 

Section 2. A copy of the record of the appointments of of appoiutoent 
any railroad police officer shall be filed by the clerk of the to be nied with 

. • . clfl'lv officii 

corporation upon whose petition such order is made, with town where 
the clerk of each town or city through or into which sucli rail- railroad runs. 
road runs and in which it is intended that such police shall 
act ; and the filing of such order shall constitute the persons 
named therein railroad police within such towns or cities. 

Section 3. Every officer of the railroad police shall, when Badge of rail- 
on duty, except as detectives, wear a metallic badge in plain ^'^^'^ ^° "'*^' 
view, with the words " Railroad Police " and the name of 
the corporation for which he is appointed inscribed thereon. 

Section 4. Officers of the railroad police may preserve officers may ar- 
order within and about the premises and upon the cars of warrant Tnt^xi- 
the corporation upon whose petition they are appointed ; jel-^y person J' 
they may arrest without a written warrant, all idle, intoxi- and take them 

to HGiirGSt 

cated or disorderly persons frequenting such premises or pouce station. 



I 



666 1871.— Chapter 332. 

cars and obstructing or annoying by their presence or conduct, 
or by profane or indecent language or behavior, the travel- 
■ ling public using the same, and may take the persons so ar- 
rested to the nearest police station or other place of lawful 
detention. 
May arrest dis- SECTION 5. Whenever any passenger upon a railroad 

orderly passcQ- ..,, . . tit mi 

gers and convey traui bchavcs m a noisy or disorderly manner, any railroad 
tiemto aggage p^j^^jg officcr may arrcst him without a written warrant, and 
remove him to the baggage car of such train, where such 
officer may confine him until the arrival of the train at some 
station where he can be placed in charge of an officer who 
shall take him to a place of lawful detention. 
Penalty for SECTION 6. Whocvcr "without right loiters or remains 

tion house, &c. withiu aiiy station house of a railroad company or upon the 
platform or grounds adjacent to such station, after being re- 
quested to leave the same by any railroad police officer, shall 
be punished by a fine of not less than two or more than 
twenty dollars. 
toTe^^ejIrtld*^"* Section 7. No railroad corporation shall eject any per- 
from car for SOU from its cars for non-payment of fare, excepting at some 
fkre exc"3t\t° passcuger statiou upon its road. Officers of the railroad po- 
jmssenger sta- j-^^ j^^y ^rrest any passenger refusing to pay his fare, and 
plymlltot^'^^' ^^y deliver him into custody at any regular passenger sta- 

fare. tioU. 

Compensation. SECTION 8. The Compensation of all railroad police shall 
be paid by the corporations upon whose petition they are 
Liability of respectively appointed. And such corporations shall be lia- 
m^c^onYuaof blc to parties aggrieved by any official misconduct of such 
police. railroad police to the same extent as they now are for the 

torts of agents and servants in their employ. 
officers'^^^°^ Section 9. Whenever any corporation shall cease to re- 

quire the services of any of the railroad police appointed upon 
its petition, it may file a notice to that effect in the several 
offices in which notice of such appointment was originally 
filed, and thereupon the power of said officer shall cease. 
Section 10. This act shall take effect upon its passage. 

Approved May 25, 1871. 

Chan 332 ■^■'^ -^^^ '^^ ^^^ ^^^ salary of the deputy tax commissioner. 
Be it enacted, Sfc, as follows : 

Salary fixed at Thc Salary of the deputy tax commissioner shall be twen- 
$2,500. ty-five hundred dollars, commencing with the first day of 

January of the present year. Approved May 25, 1871. 



1871.— Chapters 333, 334. 667 

An Act requiring railroad corporations to have an adequate Qhnf) OQQ 

CAPITAL STOCK BEFORE BEGINNING TO BUILD THEIR ROADS. / • ' ' 

Be it enacted, ^'c, as follows : 

Section 1. No railroad corporation heretofore chartered, Not to begin to 
the construction of whose road is not actually begun, and no un'tn capitli*'^ 
such corporation hereafter chartered, shall begin to construct f„°i Vi5'^oorft)r 
its road, until the amount of capital stock required by its eachmiieof 
charter, and in all cases at least fifteen thousand dollars for subscrfbed, and 
each mile of road proposed to be built, has been actually parvaiuelc?^ 
subscribed in good faith by responsible parties, without any dually paid jn. 
condition which invalidates the subscription, and twenty per 
centum of the par value of each and every share thereof actu- 
ally paid into its treasury ; nor until a certificate setting 
forth these facts, signed and sworn to by the president and a 
majority of the directors, is filed with the secretary of the 
Commonwealth. 

Section 2. Upon filing such certificate, there shall be ^soshaiibe 
paid to the secretary the sum of fifty dollars, which shall be retary.andby 
included in his quarterly returns of fees, and paid into the trTlsur'y. ^°*° 
treasury. 

Section 3. The seventh section of the sixty-third chapter Kepeai. 
of the General Statutes, and all acts and parts of acts incon- 
sistent herewith, are hereby repealed. 

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

Approved May 25, 1871. 
An Act in addition to an act concerning the manufacture QJiqv) 334 

AND sale of intoxicating LIQUORS. ^' 

Be it enacted, §'c., as folloios : 

Section 1. Section thirty of chapter four hundred and ^^^"'^"^g'^go" 
fifteen of the acts of the year eighteen hundred and sixty- 
nine, is hereby amended by inserting before the words " and 
all wines" the words "ale, porter, strong beer, lager-bier." 

Section 2. Any city or town may, on the first day of anTsIfe rf^lie 
July next, and thereafter annually on the first Tuesday of &c , may be 
May, vote that any person may manufacture, sell or keep for vote of cities^ 
sale therein, ale, porter, strong beer or lager-bier, and in and towns, 
any city or town so voting, any person may manufacture, 
sell or keep for sale such liquors until the first Tuesday in 
May next following ; but nothing herein contained shall au- — «?* allowed 

, •'. X 11 1 X ^ 1 1 on the Lord's 

thorize any person to sell ale, porter, strong beer or lager- day. 
bier during any part of the Lord's day. 

Section 8. Meetings called for the purpose aforesaid shall ^^^^S'&c.f'as 
be notified, warned and held in the same manner as meet- for election if 
ings for the election of municipal officers ; the check list ™ers^"^'' ° 
shall be used and the polls shall be kept open at least 

31 



668 



1871.— Chapter 335. 



Repeal of 1870, 
389, §§ 2-3, 
1870, 390. 



When to take 
efiect. 



two hours between ten o'clock in the forenoon and four 
o'clock in the afternoon. The vote shall be by ballot, and 
ballots shall be " yes " or " no," in answer to the question, 
"Shall any person be allowed to manufacture, sell, or keep 
for sale, ale, porter, strong beer or lager-bier in this city 
(or town) ? " 

Section 4. Sections two and three of chapter three hun- 
dred and eighty-nine of the acts of the year eighteen hun- 
dred and seventy, chapter three hundred and ninety of the 
acts of said year, and all acts and parts of acts inconsistent 
herewith are hereby repealed. 

Section 5. For the purpose of calling and holding the 
meetings herein provided for, this act shall take effect upon 
its passage, and shall take full effect upon the first day of 
July next. Approved May 25, 1871. 



Chap. 335 



Commissioners 
may allow 
wharves, &c., 
to be built in 
South Bay of 
Boston Harbor, 
subject to ap- 
proval of the 
governor and 
council. 



Proviso. 



Private rights 
not to be af- 
fected. 



Commissioners 
may make 
agreements 
with claimants 
of flats. 



Proviso. 



An Act for the improvement of navigation in south bay and 

the modification of its harbor lines. 
Be it enacted, §'c., as follows : 

Section 1. The board of harbor commissioners is hereby 
authorized to license any person to drive piles, build a wharf, 
wall, pier or other structure in tide-water on land and .flats 
in that part of Boston harbor called South Bay, or to fill 
such land and flats to such harbor lines as the harbor com- 
missioners shall fix and determine, subject to the approval 
of the governor and council, any existing harbor lines on 
South Bay to the contrary notwithstanding : provided, hovi- 
erer, that no person shall drive any piles, build a wharf, 
wall, pier, or other structure or do any filling in tide-water 
on such land and flats, except in accordance with the terms 
of such license and 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 of chapter four 
hundred and thirty-two of the acts of the year eighteen hun- 
dred and sixty-nine ; and provided, further, that nothing 
contained in this act shall be construed to affect or take 
away any private rights which cannot lawfully be affected or 
taken away without compensation therefor ; and said com- 
missioners are hereby authorized to make agreements with 
any claimants of lands and flats in said South Bay to secure 
the establishment of such line or lines, and may make and 
receive conveyances of land or flats in said South Bay in 
execution of such agreements : provided, such agreements 
are approved by the governor and council, but this shall not 
authorize any agreement to pay any money from the treas- 
ury of the Commonwealth. 



1871.— Chapters 3-36, 337. 669 

Section 2. The said board of commissioners is hereby commissioners 
empowered to authorize any person at his own expense to pcrL^u t"^ ^°^ 
dredge material out of South Bay within such hmits as may ijify ^at Ms own 
be designated by the board. expense. 

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

Approved May 25, 1871. 



Chap. 336 



An Act to authorize the expenditure of money for educa- 
tional PURPOSES IN THE STATE PRISON. 

Be it enacted, cVc, as follows: 

Section 1. The warden and inspectors of the state prison Expenditure of 
are hereby authorized to expend from the appropriation made izedfoMns'truc- 
for the support of said prison, a sum not exceeding two ei°"iu^s?ate°pri- 
thousand dollars per annum, in furnishing suitable instruc- son,and$i,ooo 
tion in reading, writing and such other branches of educa- scuooi-room. 
tion as they may deem expedient, to such of the convicts as 
may be benefited thereby and are desirous of receiving the < 

same ; and said warden and inspectors are hereby authorized 
to expend a sum not exceeding one thousand dollars in fit- 
ting up a school-room in said prison. 

Section 2. Chapter two hundred and fifty-five of the acts Eepeai. 
of the year eighteen hundred and sixty-nine, is hereby re- 
pealed. 

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

Approved May 25, 1871. 



Chap. 337 



An Act to provide for a draw in the bridge of the eastern 
railroad company over annisquam river in gloucester. 

Be it enacted, Sfc, as folloios : 

Section 1. The Eastern Railroad Company shall, sub e. r. r. co. 
ject to the provisions of this act, construct and maintain a ditwTn bridge 
good and sufficient draw, of not less than tliirty feet in width, quIni^Rhelr in 
in its bridge across Annisquam river in Gloucester. Said wouoester. 
draw shall be located over the channel of said river, in the 
most convenient place for the passage of vessels, and the 
provisions of all general laws which are or may be in force 
relating to drawbridges in railroads shall apply to the same. 

Section 2. This act shall not be binding on said company NottobeWnd- 
until the town of Gloucester has constructed, or caused or cefte"has*^^'con'- 
permitted to be constructed, a good and sufficient draw of ovei^cana'r&c. 
the width aforesaid, over the canal connecting said river 
with Gloucester harbor, where the public travelled way 
crosses the same ; nor until said canal is cleared out to a 
depth sufficient for the safe passage at mean high water of 
vessels with a draft of at least seven feet. 



670 1871.— Chapter 338. 

If within ten SECTION 3. If withiu ten years after said company has 

?aiis to maintain Completed its draw, there is a failure for six consecutive 

canal', comp°a^ny mouths to maintain the draw mentioned in section two, or 

™stofcoustruc- *^ ^Q^V open said canal to the depth mentioned therein and 

tionofdraw with at Icast its prcscut width, said company may recover 

of the town of Gloucester, in an action of contract, the cost 

of constructing the draw of said company, or an equitable 

portion thereof, to be determined by the jury. 

co^Fru" t *draw SECTION 4. Said Company shall construct and complete 

witiiin four its draw witliin four months after the provisions of section 

provisions are two liavc bccu compUcd with, and said town has accepted 

compued witii. ^j^-g ^^^ ^^ herein provided and notified said company of its 

acceptance. 

ceptance b^ SECTION 5. This act shall take effect upon its passage, 

town. but shall become void unless the provisions of section two 

are complied with, and said act is accepted by the town of 

Gloucester, at a legal meeting called for the purpose, before 

* the first day of August next. Approved May 25, 1871. 

Chap. 338 An Act concerning the division of flats. 

Be it enacted, §'c., as follows : 

flats!^°°"^*^ Section 1. Persons holding lands or flats adjacent to or 

covered by high water, may have the lines and boundaries of 
their ownership in such flats settled and determined in the 
manner hereinafter provided. 
^o^'Sfke'^'sMvey SECTION 2. One or more of the persons holding lands 
boundar"iiues ^^ ^^^^ adjaccut to or covcrcd by high water, may apply by 
petition to the supreme judicial court for the county in which 
the same lie, for the settlement and determination of owner- 
ship in such flats. And the court may appoint one or more 
competent persons as commissioners to make a survey of the 
flats of the petitioner, and of all other flats adjacent and 
owned by other parties, whose rights may be affected in de- 
termining the lines of such petitioners' flats, and said com- 
missioners shall determine the boundary lines of all such 
flats, and report to the court the boundaries established for 
each owner of such flats, with a plan of the several portions 
of flats, showing the lines established for each owner, which 
Plan to be re- plan, after its approval, shall, by order of the court, be re- 
try of deeds.'' corded in the registry of deeds for the county where said 

flats lie. 

teres^IfftoVe*^" SECTION 3. Bcforc proceeding to make the survey and 

notified before establish the liucs over the flats according to the preceding 

ma ng survey, gg^j^^^j^^ sucli Commissioners shall notify all persons interested 

in the premises, either by personal service or by publication, 

as the court may direct, to appear at a time and place named 

and be heard in relation to such survey. And the report of 



1871.— Chapters 339, 340. 671 

said commissioners, together with the plan, when accepted J,^JJ,^''^^i^g"^ a<,. 
by the court and recorded as aforesaid, shall forever fix and cepted by court, 

T • 1 • 1 /• 11 1 i- i 1 forever to deter- 

determine the rights oi all persons and parties, except where mine the rights 
definite boundary lines have been established by parties °^ *" parties. 
legally authorized so to do. 

Section 4. The proceeding upon such petitions shall be proceedings 
according to the third, sixth, eighth, ninth, tenth, eleventh, "p"'' petitions. 
twelfth, thirteenth, fifteenth and twenty-second sections of 
the one hundred and thirty-sixth chapter of the General 
Statutes, so far as the same are applicable to the proceedings 
under this act. 

Section 5. The expenses and charges of the commission- Expenses, &c., 
ers sliall be ascertained and allowed by the court ; the other e'rs aud'othe?"^' 
costs shall be taxed in the usual manner, and the whole portioned''up''o^n 
shall be apportioned by the court upon all parties interested aii parties inter- 
in determining their boundary lines over such flats, to be paid 
in proportion to the share or interest they respectively hold 
in the flats. 

Section 6. No proceedings, and no settlement or deter- Rights of state 

p T '^ IT- f t • 1 ii not to be afTect- 

mmation of any lines or boundaries oi ownership, under the cd unless state 
provisions of this act, shall affect any rights or title of the eomfaparty^^" 
Commonwealth to any flats or lands, unless the Common- ^'^■ 
wealth consents to become a party to the proceedings. 

Section 7. Chapter three hundred and six of the acts of ^^^p*^'^'- 
the year eighteen hundred and sixty-four is hereby repealed. 

Approved May 25, 1871. 



An Act to authorize th& city of Worcester to establish a 
city hospital, 



Chap. 339 

Be it enacted, ^'c, as follows : 

Section 1. The city of Worcester is hereby authorized Worcester may 
to erect, establish and maintain a hospital for the reception hospital. '^"^ 
of persons who, by misfortune or poverty, may require relief 
during temporary sickness. 

Section 2. The city council of said city shall have power city council 
to make such ordinances, rules and regulations as they may iSt1o™formln- 
deem expedient, for the appointment of trustees and all agement, &c. 
other necessary officers, agents and servants for managing 
the said hospital. 

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

Approved May 25, 1871. 



Chap. 340 



An Act to am^:nd an act to authorize the city of boston and 
the town of avest roxbury to improve stony brook and its 
tributaries. 

Be it enacted, Sfc, as follows : 

Section 1. The city of Boston and the town of West May exercise- 
Roxbury, for the preservation of the public health, as well p""'^" g'^^ted 



672 



1871.— Chapter 341. 



under 1868, 223. as for sewemge purposes, may exercise the powers granted 
1870,220. 1^^, chapter two hundred and "twenty-three of the acts of the 

year eighteen hundred and sixty eight, and by chapter two 
hundred and twenty of the acts of the year eighteen hun- 
dred and seventy. 
Repeal. Sectiou eight of chapter two hundred and twenty-three of 

the acts of tiie year eighteen hundred and sixty-eight is 
hereby repealed. 

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

Approved May 25, 1871. 



Chap. 341 



Railroad from 
Boston and 
Providence in 
Dedham to 
Mansfield and 
Framiugham 
road in Wal- 
pole. 



May unite with 
other railroads. 



May construct 
road in two sec- 
tions. 



Capital stQck. 



Ax Act in addition to an act to incorporate the east wal- 

POLE BRANCH RAILROAD COMPANY. 

Be it enacted, cVc, as follows : 

Section 1. The East Walpole Branch Railroad Company 
may locate, construct, maintain and operate a railroad, with 
one or more tracks, from a convenient point on the road of 
the Boston and Providence Railroad Corporation in Dedham, 
thence through South Dedham and East Walpole to a con- 
venient point on the road of the Mansfield and Framingham 
Railroad Company in Walpole ; with all the powers and 
privileges, and subject to all the duties, liabilities and restric- 
tions set forth in the general laws which now are or hereafter 
may be in force relating to railroad corporations. 

Section 2. Said corporation may enter with its said rail- 
road upon, unite the same with and use the railroads of the 
Boston and Providence Railroad Corporation and the Mans- 
field and Framingham Railroad Company, and the corpora- 
tions last named may respectively enter with their railroads 
upon, unite the same with and use the railroad of said first 
named corporation, subject to the provisions of the general 
laws. 

Section 3. Said corporation may construct its said rail- 
road in two sections, tlie first extending from the aforesaid 
terminus in Dedham to East Walpole, and the second from 
East Walpole to the aforesaid terminus on the Mansfield and 
Framingham Railroad. When said first section is con- 
structed, the right of said corporation to construct or main- 
tain a railroad upon the route described in section two of its 
act of incorporation shall cease, and when said second sec- 
tion is constructed, its right to construct or maintain a rail- 
road upon the route described in section six of said act shall 
cease. 

Section 4. For the purposes of the first section of its said 
road, said corporation shall have a capital stock of not less 
than one hundred and fifty thousand nor more than three 



1871.— Chapters 342, 343. 673 

hundred thousand dollars, and for the purposes of the sec- 
ond section of its said road, a capital stock of not less than 
one hundred thousand nor more than one hundred and fifty 
thousand dollars, inclusive of the amounts named in sections 
two and six respectively of its act of incorporation. 

Section o. Said corporation may lease or sell its railroad, ^^''^ ®i^ °'", . 
or either section thereof, with the franchise and property 
pertaining to the same, to the Boston and Providence Rail- 
road Corporation or the Mansfield and Framingham Railroad 
Company, upon terms approved by a majority of the votes at 
meetings of the stockholders of each of the contracting cor- 
porations called for the purpose ; and the corporation pur- 
chasing may increase its capital stock by an amount not 
exceeding the actual cost of constructing the road or section 
so purchased. 

Section 6. Said corporation may locate and construct its Location and 
road or either section thereof at any time within three years 
after the passage of this act. 

Section 7. This act shall take effect upon its passa^-e. 

Approved May 25, 1871. 
An Act to extend the charter of the beverly insurance com- Qfidn. 342 

PANY. "' 

Be it enacted, §"c., as follows: 

The Beverly Insurance Company shall continue to be a charter ex- 

,r t . . '^ f, r i 1 i /> 1 tended for pur- 

corporation alter the expiration oi its present charter tor the poseofinsur- 
purpose of insuring against maritime losses only ; with the mfrume^* 
same powers and privileges, and subject to the same duties, ^°'^^*- 
liabilities and restrictions as if the act incorporating said 
company had contained no limitation of time: provided, ^'^°''^^^°- 
the capital stock of said corporation shall not be less than 
fifty thousand dollars. Approved May 25, 1871. 

An Act to provide for a union passenger station and for the (JJiap, 343 
removal of railroad tracks from certain public ways and - 

grounds in the city of WORCESTER. 

Be it enacted, ^'c, as follows : 

Section 1. The Boston and Albany Railroad Company, ^^l^^aonin" 
the Norwich and Worcester Railroad Company, the Provi- Worcester, 
dence and Worcester Railroad Company, the Worcester and 
Nashua Railroad Company and the Boston, Barre and Gard- 
ner Railroad Corporation may and shall unite in a station in 
the city of Worcester, for the accommodation of the passen- 
ger traffic of all said corporations. Said station shall be 
located on the northerly side of the main tracks of the Bos- 
ton and Albany Railroad Company, between Green street 
and Grafton street, or upon the easterly side of said Grafton 



674 



1871.— Chapter 343. 



Commissioners 
to be appointed 
to determine 
location. 



To be erected 
and kept in re- 
pair by Boston 
and Albany 
Railroad Co. 



Rent to be paid 
to Boston and 
Albany Rail- 
road. 



Plans to be pre- 
pared and sub- 
mitted to rail- 
road commis- 
sioners. 



street and not more than fifteen hundred feet distant there- 
from. And the supreme judicial court or any justice thereof, 
sitting in any county, in term time or vacation shall upon 
the application of either of said corporations, or of the mayor 
and aldermen of the city of Worcester, and after notice to 
the other parties in interest appoint three commissioners, 
who after due notice to and hearing said parties shall deter- 
mine whether said station shall be located between Green 
street and Grafton street, or on the easterly side of Grafton 
street, as above provided, and the report of said commission- 
ers or a major part of them, being returned into and ac- 
cepted by said court, shall be binding on all said parties ; 
and the court shall enter all such orders and decrees as may 
be found needful to carry into effect said report. 

Section 2. Said station shall be erected and kept in 
repair at the sole expense of the Boston and Albany Railroad 
Company. Said company for the purposes of said station 
and for providing suitable approaches thereto, may purchase 
or take such land within the limits aforesaid, including the 
location of any street or way, as the board of railroad com- 
missioners determines to be necessary. 

Section 3. Said station shall be used by all said corpora- 
tions, the other corporations severally yielding and paying to 
the Boston and Albany Railroad Company a reasonable rent 
for the use thereof, which, if not agreed by the parties, shall 
be determined, and may be revised and altered from time to 
time at intervals of not less than three years, by the board 
of railroad commissioners, upon a petition presented to said 
board by either of said corporations. 

Section 4. The Boston and Albany Railroad Company 
shall, as soon as practicable after the passage of this act, 
cause plans and drawings to be prepared of said proposed 
station, exhibiting its form, dimensions and arrangement, 
and its location with reference to the adjacent streets and to 
the tracks of all said corporations located or proposed to be 
located in the vicinity thereof, and shall submit said plans 
and drawings, when completed, to the board of railroad com- 
missioners for its approval. Said board, after due notice to 
all said corporations and to the mayor and aldermen of said 
city and a hearing of all said parties to be had in said city, 
may approve the same or order such changes, alterations 
and improvements to be made in said station and in the loca- 
tion thereof within the limits aforesaid, and subject to the 
report of the commissioners mentioned in section one, and 
in the arrangement and location of said tracks, as in their 
judgment the safety and convenience of the public and the 



1871.— Chapter 343. 675 

interests of all said corporations require ; and all orders and 
directions of said board in respect thereto shall be binding 
on all said corporations. 

Section 5. Said station shall be completed and ready for station to be 
the use of all said corporations within two years after the ^^°™,^n two 
passage of this act. y^*""*' 

Section 6. The board of railroad commissioners shall, Railroad com- 

,.. ^-1 p-T • If missioners to 

upon the application of either of said corporations, and alter establish rules 

due notice and hearing of all the parties interested, make station.'* 

and establish such rules and regulations for the use of said 

station by said corporations, as it deems just and reasonable ; 

and after like notice and hearing may change the same from 

time to time, and such rules and regulations shall be binding 

upon all said corporations. 

Section 7. After the completion of said station, and with- Boston and 
in three years after the passage of this act, the Boston and tihe^Iaf^o&ds 
Albany Railroad Company may discontinue the present loca- ™uj^e*^po*;°tfon of 
tion of its railroad between the south line of Shrewsbury present loca- 
street and the Foster Street station in said city ; and the after station is 
Norwich and Worcester Railroad Company may and shall completed, 
discontinue the present location of its railroad between said 
Foster Street station and the south line of Park street in 
said city ; and the "Worcester and Nashua Railroad Company 
may and shall discontinue the present location of its railroad 
between the easterly line of Union street and the south line 
of said Park street ; and said two last named companies may 
discontinue all or any part of the present locations of their 
railroads respectively, between the south line of said Park 
street and the Boston and Albany Railroad at the junction 
depot in said city. Upon the discontinuance of any location 
as aforesaid, all tracks shall forthwith be removed therefrom, Tracks to be 
unless allowed to remain temporarily by the mayor and alder- removed. 
men of said city. 

Section 8. The Boston and Albany Railroad Company Boston and 
shall pay to the Worcester and Nashua Railroad Company ^'othJr roads 
and to the Norwich and Worcester Railroad Company, upon mayb^'agreed 
the discontinuance by them of tlieir locations required to be uponor dWr- 

,. -Til T • 1 1 mined by rail- 

discon tinned by the preceding section, such sums as may be road commia- 
agreed by the parties, or, in case of disagreement, as the ^^°^"^- 
board of railroad commissioners, upon the application of said 
companies and a hearing of the parties, determines to be just 
and reasonable, in full compensation for any and all rights 
which said companies respectively may then have under 
existing contracts and leases to use the passenger station and 
tracks of said first named company at or near Foster street 
' in said city. If either party is dissatisfied with the award of 
32 



676 



1871.— Chapter 343. 



Norwich and 
Worcester and 
Providence and 
Worcester Rail- 
roads may ex- 
tend roads. 



Boston, Barre 
and Gardner 
Eailroad may 
extend road. 



Kailroad tracks 
to be laid by 
railroads for 
their joint use. 



To be main- 
tained at joint 
expense. 



said board, such party may have said compensation deter- 
mined by a jury, upon application in writing tliercfor to the 
superior court, at any term thereof holden within tlie county 
of Worcester within one year after the pubhcation of such 
award ; and thereupon said court shall, after due notice to 
the other party, order a trial by jury, to be had at the bar of 
the court, in the same manner as other civil causes are there 
tried by jury. 

Section 9. The Norwich and Worcester Railroad Com- 
pany may extend its railroad from the junction depot in said 
city to said union passenger station ; and the Providence and 
Worcester Railroad Company may extend its railroad from 
its present terminus at Green street in said city to said union 
passenger station ; and for the purposes aforesaid, said cor- 
porations respectively may take such portions of the locatiou 
of the Boston and Albany Railroad Company as the parties 
agree, or, in case of disagreement, as the board of railroad 
commissioners determines. 

Section 10. The Boston, Barre and Gardner Railroad 
Corporation may extend its railroad to said union passenger 
station, and for that purpose may locate, construct and 
maintain its railroad within the location of any other rail- 
road corporation in said city, at such places and upon such 
terms as the parties agree, or, in case of disagreement, as 
the board of railroad commissioners determines. 

Section 11. The Norwich and Worcester Railroad Com- 
pany, the Providence and Worcester Railroad Company, the 
Worcester and Nashua Railroad Company, and the Boston, 
Barre and Gardner Railroad Corporation, may and shall 
unite in the location and construction of one or more rail- 
road tracks for their joint use, commencing at a point on the 
line of the Worcester and Nashua Railroad at or near 
Bridge street in said city, and extending by a curved line 
across Bridge street. Mechanic street, and Front street, to a 
point on the line of the Boston and Albany Railroad east of 
Green street. Said tracks may be constructed 'and main- 
tained at the joint expense of all said corporations, or at the 
expense of either or any of them, as they agree ; and in case 
said companies cannot agree upon the proportion of such 
expense to be paid by each, or upon the compensation to be 
paid by any one of them not contributing to such expense 
for the use of said tracks, or if they cannot agree in what 
manner said tracks shall be used by said corporations respec- 
tively, the same shall be determined by tlie board of railroad 
commissioners upon an application made to said board by 
either or any of said corporations. Said tracks shall pass 



1871.~Chapter 343. 677 

over said Bridge street, Mechanic street and Front street by 
suitable bridges; and said tracks and bridges shall be locat- 
ed, constructed and arranged in such manner and form as 
the board of railroad commissioners determines and directs, 
after due notice and hearing of said corporations and the 
mayor and aldermen of said city. 

Section 12. Upon the completion of said union passen- other stations 
ger station, the Providence and Worcester Railroad Company tfnultf wh'en 
may discontinue its present passenger station at Green street, jjjijon station is 
and the Boston and Albany Railroad Company may discon- 
tinue its present passenger stations at Foster street and Wash- 
ington square, in said city. 

Section 1*3, The Worcester and Nashua Railroad Com- Worcester and 
pany shall maintain at its own cost, upon its land north of road^to^main- 
Lincoln square in said city, a suitable passenger station for station nortlf of 
the accommodation of the local passenger traffic of said Lincoln square. 
company and of the Boston, Barre and Gardner Railroad 
Corporation ; said last named corporation yielding and pay- 
ing to the corporation first named a reasonable rent for the 
use thereof, which, if not agreed by the parties, shall be de- 
termined, and may be revised and altered from time to time, 
at intervals of not less than three years, by the board of 
railroad commissioners, upon a petition presented to said 
board by either of said corporations. 

Section Itt. Nothing in this act shall be construed to junction depot 
authorize or require the discontinuance of the junction depot cont^nuld*!** 
in said city ; but said corporations may pass said depot with 
express trains without stopping. 

Section 15. Said corporations may severally or jointly corporations 
purchase or take such lands as are necessary for any and all "everaUy^'take 
the purposes aforesaid, or for additional tracks, and may also ^'''i'^*- 
take such lands in said city for depot and station purposes 
as the board of railroad commissioners determines to be 
necessary for the convenient transaction of their business. 
Said corporations shall file locations of all lands so taken to tiie locations 
within three years after the passage of this act. No land so o^ ^^"^^ ^'''^^°- 
taken or purchased for depot or station purposes shall be 
exempt from taxation. 

Section 16. Said corporations respectively, may sell and ^^'{^"IXe^^usI; 
convey all their right, title and interest in and to any land is discontinued. 
occupied by them for railroad purposes, the use of which is 
discontinued under the provisions of this act. 

Section 17. For the purposes aforesaid, said corporations Grades may be 
respectively, may make any changes in the grade and con- consfiu of"^ 
struction of their railroads, and with the consent of the ^1^^^^^^"^ 
mayor and aldermen of said city, may raise, lower, alter the 



678 



1871.— Chapter 343. 



Liability for 
damages. 



After union 
station is built, 
engines or cars 
not to be used 
over roads re- 
quired to be 
discontinued. 



Boston, Hart- 
ford and Erie 
Railroad to 
have similar 
rights. 



Boston, Barre 
and Gardner 
road may in- 
crease capital 
stock. 



Shares to be 
sold at auction 
to the higliest 
bidder. 



course of or otherwise change any streets or ways in said 
city. 

Section 18. In the exercise of the powers granted by 
this act, said corporations, and any person or corporation 
sustaining damage, shall have all the rights, privileges and 
remedies, and be subject to all the duties, liabilities and 
restrictions which are or may be provided by the general 
laws in the like cases, except as herein otherwise provided. 

Section 19. After the completion of said union passen- 
ger station, the supreme judicial court or any justice there- 
of, in term time or vacation, shall have jurisdiction in equity, 
upon the application of the mayor and aldermen of said 
city, to enjoin any of said corporations from crossing with 
their engines or cars any of the streets in said city, their 
location over which is by this act required to be discontin- 
ued ; but this remedy shall not prejudice any other legal 
remedy for any violation of the provisions of this act. 

Section 20. The Boston, Hartford and Erie Railroad 
Company shall have the same rights and privileges, and for 
the same period, in the new locations and station accommo- 
dations provided for in this act, as in the corresponding loca- 
tions and station accommodations of the Norwich and Wor- 
cester Railroad Company hereby authorized or required to 
be discontinued. 

Section 21. To provide for the expenditures authorized 
or required to be made by said corporations respectively 
under this act, the Boston, Barre and Gardner Railroad Cor- 
poration may, subject to the provisions of the general laws, 
increase its capital stock by a necessary amount, not exceed- 
ing two hundred thousand dollars, in addition to the amount 
now authorized by law ; and said other corporations, within 
the limits of their respective capitals now authorized by the 
laws of this state for any purpose, may issue from time to 
time, such a number of shares of one hundred dollars each, 
to be disposed of as hereinafter provided, as shall be suffi 
cient, including the proceeds of all lands sold by them 
respectively under the sixteenth section of this act, to pro- 
duce the amounts required for the purposes aforesaid. All 
shares so issued shall be sold to the highest bidder at public 
auction in the city of Boston, and notice of the time and 
place of such sale shall be published on at least five different 
days during the two weeks immediately prccednig the sale, 
in the newspaper in which the general laws are published, 
and at least two other daily newspapers in the city of Bos- 
ton. The number of shares so sold by any one of said cor- 



1871.— Chapter 3-i4. 679 

poratious ou one and the same day, shall not exceed two 
thousand. 

Section 22. The mayor and aldermen of the city of ^Sen of 
"Worcester, upon the discontinuance of the railroad location Worcester may 

' i _, • T rii 1 extend certain 

between Foster fctreet station and Shrewsbury street, as here- streets upon 
in before provided, may and shall extend said Foster street, of^rauroad^io-^ 
with a width of not less than sixty feet, from its present cation. 
eastern terminus, over such discontinued location as near as 
may be, to Summer street ; and upon the discontinuance of 
the railroad locations south of Park street, or any part 
thereof, as herein before provided, may and shall lay out 
and construct a street over such discontinued locations, as 
near as may be, running southerly from said Park street. 
The decree of said mayor and aldermen laying out said 
extension or street shall be final without further proceed- 
ings. Said city shall maintain suitable railroad tracks upon 
said extension and street, to be connected with the tracks of 
one or more of said corporations, for the accommodation of 
the business establishments on the line thereof which are 
accommodated by existing railroad tracks. Said tracks shall 
be operated by horse power, or such other motive power as 
said mayor and aldermen from time to time permit. All 
damaoes occasioned to any person or corporation by reason Damages for 

1 •/ la,vinfir out gx* 

of the laying out and construction of said extension or tension, &c. 
street, shall be assessed in the manner provided by law in 
regard to the laying out of streets in said city, and shall be 
paid by said city ; and estates receiving benefit from the 
laying out of said extension or street, shall be liable to 
assessment therefor as is provided by law in respect to streets 
and ways in said city. 

Section 23. Chapter two hundred and sixty-four of the Repeal, 
acts of tlie year eighteen hundred and sixty-nine, entitled 
" An Act in relation to union passenger and freight depots 
in "Worcester," is hereby repealed. 

Section 2-1. This act shall take efifect upon its passage. 

Approved May 25, 1871. 
An Act to extend the time for locating the extension of the QJidp, 344 

CAPE COD RAILROAD. * ' 

Be it enacted, Sfc, as follows: 

Section 1. The time allowed to locate the extension of f^^eltiaded^' 
the Cape Cod Railroad from the terminus of said road in 
Wellfleet through the town of Turo to the village of Prov- 
incetown, is hereby extended to the first day of September, 
in the year eighteen hundred and seventy-one. 

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

Approved May 25, 1871. 



680 



1871.— Chapters 345, 346. 



Chap. 345 



Amendment to 
1871, 188. 



Rights and 
remedies for 
securing pay- 
ment of dam- 
ages, &c. 



Chap. 346 



Real and per- 
sonal estate. 



Debts of asso- 
ciation may be 
paid. 

Proviso . 



Ax Act to amend an act authorizing thp: avinnisimmet ferry 

COMrANY to widen THEIR SLIP IN BOSTON, AND TO TAKE LAND 
THEREFOR. 

Be it enacted, Sfc, as follows : 

Section 1. Chapter one hundred and eighty-eight of the 
acts of the current year, entitled an act authorizing the Win- 
nisimmet Perry Company to widen tlieir slip in Boston, and 
to take land therefor, is hereby amended by striking out 
therefrom the word " ferry " wherever it occurs after the 
word " Winnisimmet," or before the word " company," so 
that said act shall apply to and mean the Winnisimmet Com- 
pany, instead of the Winnisimmet Ferry Company. 

Section 2. Section three of said act is hereby amended 
by adding thereto the following provision : " And in case 
said company shall take said land, on failure to obtain the 
same by agreement with the owner thereof, said Grueby or 
his representatives shall have the same rights and remedies 
for securing and obtaining the payment of all damages and 
costs which may be awarded by said street commissioners, 
or by a jury, for his land and property taken under this act, 
as are provided for owners in the case of the taking of land 
by railroad corporations, in sections thirty-two, thirty three 
and thirty-four of chapter sixty-three of the General Stat- 
utes ; and said street commissioners shall have the same au- 
thority as is therein given to the county commissioners, and 
all right and authority of said company to enter upon or 
use the land or other property of said Grueby, except for the 
purpose of making surveys, shall be suspended and limited, 
and for the same causes, as is therein provided in the case 
of railroad corporations." 

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

Approved May 25, 1871. 
An Act in addition to an act to incorporate the " Worcester 

COUNTY mechanics' ASSOCIATION." 

Be it enacted, §"c., as follows: 

Section 1. The Worcester County Mechanics' Associa- 
tion is hereby authorized to hold real estate to the value of 
seventy-five thousand dollars, and personal estate to the 
value of twenty-five thousand dollars, in addition to the 
amount which it is now authorized to hold. 

Section 2. Said association is hereby authorized to pay 
any and all claims or debts against it which have at any time 
heretofore been legal and valid : provided, that at a meet- 
ing duly called for the purpose, three-fourths of the mem- 
bers present and voting, vote so to do. 

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

Approved May 25, 1871. 



1871.— Chapters 347, 348, 349, 350. 681 

An Act to confirm certain acts done by Augustus russ as (7^^^) 347 
justice of the peace. -» * 

Be it enacted, Sfc, as follows : 

Section 1. All acts done by Augustus Russ of Cambridge Acts done as 
as a justice of the peace within and for the county of Suffolk, peace confirm- 
between the fourth day of November, in the year eighteen *^' 
hundred and seventy, and the eighth day of May, in the year 
eighteen hundred and seventy-one, are hereby made valid, 
and confirmed to the same extent as though he had been, 
during that interval, duly qualified to discharge the duties 
of said office. 

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

Approved May 25, 1871. 

An Act concerning the use of the jail at Greenfield for fe- Ql^,^ 04.0 

MALE convicts. * * 

Be it enacted, ^'c, as follows: 

The county commissioners of the county of Franklin are commissioners 
hereby authorized to make, under the direction of the com- tfoJfs'^hf Grllm- 
missioners of prisons, such alterations in the jail at Grreen- ^^'fp jj^jf j^^^^°^. 
field as are necessary to make the said jail suitable for a ceeding $2,000. 
prison for females ; and there shall be allowed and paid from 
the treasury of the Commonwealth for this purpose, and for 
other expenses incident to tlie use of said jail for female con- 
victs, said expenses to be determined by the commissioners 
of prisons, a sum not exceeding two thousand dollars. 

Approved May 25, 1871. 



An Act to authorize the appointment of a clerk of the dis- 
trict court of southern BERKSHIRE, 



Chap. 349 

Be it enacted, §'c., as follows: 

Section 1. There shall be appointed and commissioned ^"*^^^ ''^^ ^^^^^' 
by the governor a clerk of the district court of Southern 
Berkshire, who shall perform all the services required by 
law of the clerks of like courts in this Commonwealth ; and 
said clerk shall receive an annual salary of three hundred 
dollars, to be paid from the treasury. 

Section 2. This act shall take effect so far as the appoint- when to take 
ing, commissioning and qualifying the clerk of said court is ^ ^"^ ' 
concerned upon its passage, and it shall take full effect on 
the first day of July next. Approved May 25, 1871. 



Chap. 350 



An Act to apportion and assess a state tax of two million 
five hundred thousand dollars. 

Be it e7iacted, §'c., as fallows : 

Section 1. Each town and city in this Commonwealth Assessment of 
shall be assessed and pay the several sums with which they tovfnsr'^ 
stand respectively charged in the following schedule, that is 
to say : — 



682 




1871.— Chapter 350. 




Suffolk County 




SUFFOLK COUNTY. 






Boston, 


Nine hundred and thirty-three thou- 
sand seven hundred and seventy- 








five dollars, 


$933,775 00 




Chelsea, 


Twenty thousand one hundred and 








twenty-five dollars, .... 


20,125 00 




Eevere, 


Two thousand one hundred dollars, . 


2,100 00 




Winthrop, . 


One thousand one hundred and twen- 








ty-five dollars, 


1,125 00 




1957,125 00 


Essex County. 




ESSEX COUNTY. 






Amesbury, . 


Four thousand eight hundred and fifty 








dollars, 


$4,850 00 




Andover, 


Seven thousand one hundred and twen- 








ty-five dollars, 


7,125 00 




Beverly, 


Nine thousand one hundred and sev- 








enty-five dollars, .... 


9,175 00 




Boxford, 


One thousand six hundred and twenty- 








five dollars 


1,625 00 




Bradford, . 


Two thousand two hundred and sev- 








enty-five dollars, .... 


2,275 00 




Danvers, 


Six thousand and seventy-five dollars, 


6,075 00 




Essex, . 


Two thousand five hundred dollars, . 


2,500 00 




Georgetown, 


Two thousand two hundred and twenty- 








five dollars, 


2,225 00 




Gloucester, . 


Twelve thousand seven hundred and 








twenty-five dollars, .... 


12,725 00 




Groveland, . 


One thousand nine hundred and twen- 








ty-five dollars, .... 


1,925 00 




Hamilton, . 


One thousand two hundred and fifty 








dollars, 


1,250 00 




Haverhill, . 


Twelve thousand eight hundred and 








twenty-five dollars, .... 


12,825 00 




Ipswich, 


Four thousand one hundred and sev- 








enty-five dollars, .... 


4,175 00 




Lawrence, . 


Twenty-eight thousand five hundred 








and fifty dollars, .... 


28,550 00 


* 


Lynn, . 


Twenty-six thousand and fifty dollars. 


26,050 00 




Lynnfield, . 


One thousand five hundred and fifty 








dollars, 


1,550 00 




Manchester, 


Two thousand one hundred and twenty- 








five dollars, 


2,125 00 




Marblehead, 


Six thousand nine hundred and fifty 








dollars, 


6,950 00 



1871.— Chapter 350. 

Essex County — Concluded. 



683 



Methuen, . 


Three thousand five hundred and fifty 






dollars, 


$3,550 00 


Middleton, . 


One thousand and fifty dollars, . 


1,050 00 


Nahant, 


One thousand two hundred dollars, 


1,200 00 


Newbury, . 


Two thousand dollars, 


2,000 00 


Newburyport, 


Nineteen thousand five hundred dollars. 


19,500 00 


North Andover, . 


Four thousand seven hundred dollars, 


4,700 00 


Peabody, . 


Nine thousand nine hundred and twen- 






ty-five dollars, 


9,925 00 


Rockport, . 


Three thousand seven hundred dollars, 


3,700 00 


Rowley, 


One thousand fisur hundred and fifty 






dollars, 


1,450 00 


Salem, 


Thirty-nine thousand nine hundred and 






twenty-five dollars, .... 


39,925 00 


Salisbury, • 


Four thousand five hundred and sev- 






enty-five dollars, .... 


4,575 00 


Saugus, 


Three thousand three hundred and 






twenty-five dollars, .... 


3,325 00 


Swampscott, 


Three thousand five hundred and fifty 






dollars, 


3,550 00 


Topsfield, . 


One thousand eight hundred and twen- 






ty-five dollars, 


1,825 00 


Wenham, . 


One thousand two hundred and fifty 






dollars, 


1,250 00 


West Newbury, . 


Two thousand six hundred and twenty- 






five dollars, 


2,625 00 




$238,125 00 



MIDDLESEX COUNTY. 



Middleiez 
County. 



Acton, 
Arlington, 

Ashby, 

Ashland, 

Bedford, 

Belmont, 

Billerica, 



Two thousand three hundred dollars, . 

Six thousand nine hundred and twenty- 
five dollars, 

One thousand four hundred and fifty 
dollars, ...... 

One thousand nine hundred dollars, . 

One thousand three hundred dollars, . 

Seven thousand nine hundred and 
twenty-five dollars, .... 

Two thousand eight hundred and twen- 
ty-five dollars, 



12,300 00 



6,925 00 

1,450 00 
1,900 00 

1,300 00 



7,925 00 
2,825 00 



38 



684 



1871.— Chapter 350. 

Middlesex County — Continued. 



Boxborough, 

Brighton, 

Burlington, . 

Cambridge, . 

Carlisle, 

Charlestown, 

Chelmsford, 

Concord, 

Dracut, 

Dunstable, . 

Framingham, 

Groton, 

Holliston, . 

Hopkinton, . 

Lexington, . 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlborough, 

Medford, 

Melrose, 

Natick, 

Newton, 

North Reading, 

Pepperell, . 



Six hundred and fifty dollars, 

Nine thousand two hundred and fifty 
dollars, 

One thousand one hundred and seven- 
ty-five dollars, 

Sixty-three thousand and twenty-five 
dollars, 

Nine hundred and fifty dollars, . 

Forty-six thousand two hundred dollars. 

Three thousand nine hundred and fifty 
dollars, 

Four thousand one hundred and sev- 
enty-five dollars. 

Three thousand dollars, 

One thousand dollars, . 

Seven thousand two hundred and fifty 
dollars, ..... 

Four thousand two hundred and fifty 
dollars, ..... 

Four thousand two hundred and twen- 
ty-five dollars, .... 

Four thousand five hundred and sev- 
enty-five dollars. 

Four thousand four hundred and twen 
ty-five dollars, .... 

One thousand five hundred and fifty 
dollars, ..... 

One thousand six hundred and fifty 
dollars, ..... 

Fifty-one thousand eight hundred and 
fifty dollars, .... 

Ten thousand six hundred and fifty 
dollars, ..... 

Seven thousand six hundred and fifty 
dollars, ..... 

Thirteen thousand two hundred and 
seventy-five dollars, . 

Four thousand four hundred and sev- 
enty-five dollars. 

Five thousand three hundred and sev- 
enty-five dollars, .... 

Twenty-three thousand four hundred 
and twenty-five dollars, . 

One thousand six hundred dollars, 

Two thousand five hundred and twen- 
ty-five dollars, 



$650 00 

9,250 00 

1,175 00 

63,025 00 
950 00 

46,200 00 

3,950 00 

4,175 00 
3,000 00 

1,000 00 

7,250 00 

4,250 00 

4,225 00 

4,575 00 

4,425 00 

1,550 00 

1,650 00 

51,850 00 

10,650 00 

7,650 00 

13,275 00 

4,475 .00 

5,375 00 

23,425 00 
1,600 00 

2,525 00 



I 



Reading, 
Sherborn, . 
Shirley, 
Somerville, . 
Stoneham, . 
Stow, . 
Sudbury, 
Tewksbury, 
Townsend, . 
Tyngsborough, 
Wakefield, . 
Waltham, . 
Watertown, 
Wayland, . 
Westford, . 
Weston, 
Wilmington, 
Winchester, 
Woburn, 



1871.— Chapter 350. 

Middlesex County — Concluded. 



685 



Three thousand five hundred dollars, . $3,500 00 

Two thousand two hundred dollars, . 2,200 00 

One thousand eight hundred and twen- 
ty-five dollars, 1,825 00 

Fourteen thousand four hundred dol- 
lars, 14,400 00 

Three thousand nine hundred and 

twenty-five dollars, .... 3,925 00 

Two thousand one hundred dollars, . 2,100 00 

Two thousand seven hundred and fifty 

dollars, 2,750 00 

One thousand nine hundred and fifty 

dollars, 1,950 00 

Two thousand two hundred and twen- 
ty-five dollars, ..... 2,225 00 

Nine hundred and twenty-five dollars, 925 00 

Four thousand seven hundred dollars, 4,700 00 

Thirteen thousand five hundred and 

seventy-five dollars, . . . 13,575 00 

Six thousand nine hundred and sev- 
enty-five dollars, .... 6,975 00 

One thousand seven hundred and fifty 

dollars, 1,750 00 

Two thousand five hundred dollars, . 2,500 00 

Two thousand seven hundred and 

twenty-five dollars, .... 2,725 00 

One thousand four hundred and sev- ] 

enty-five dollars, . . . . j 1,475 00 

Three thousand six hundred and fifty I 

dollars, ! 3,650 00 

Thirteen thousand one hundred and 

twenty-five dollars, . . . . \ 13,125 00 

I $393,025 00 



WORCESTER COUNTY, 



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 






twenty-five dollars, .... 


4,725 00 



Worcester 
County. 



686 



1871.— Chapter 350. 

Worcester County — Continued. 



Berlin, 

Blackstone, , 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Dana, . 

Douglas, 

Dudley, 

Fitchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

Holden, 

Hubbardston, 

Lancaster, 

Leicester, 

Leominster, 

Lunenburg, 

Mendon, 

Milford, 

Millbury, 

New Braintree, 

Northborough, 



One thousand one hundred and sev- 
enty-five dollars, .... 

Five thousand seven hundred and sev- 
enty-five dollars, .... 

One thousand eight hundred and twen- 
ty-five dollars, 

One thousand two hundred and fifty 
dollars, 

Two thousand eight hundred dollars, . 

Two thousand five hundred and twen- 
ty-five dollars, 

Five thousand two hundred and fifty 
dollars, 

Seven hundred and fifty dollars, . 

Two thousand five hundred and twen- 
ty-five dollars, ..... 

One thousand nine hundred and fifty 
dollars, 

Eleven thousand four hundred and fifty 
dollars, 

Two thousand seven hundred and twen- 
ty-five dollars, 

Four thousand nine hundred and sev- 
enty-five dollars, .... 

Two thousand eight hundred and sev- 
enty-five dollars, .... 

Two thousand four hundred and sev- 
enty-five dollars, .... 

Two thousand three hundred and fifty 
dollars, 

Two thousand and twenty-five dollars, 

Two thousand six hundred and twenty- 
five dollars, 

Four thousand two hundred and fifty 
dollars, 

Five thousand one hundred and sev- 
enty-five dollars, .... 

One thousand nine hundred and twen- 
ty-five dollars, 

One thousand eight hundred dollars, . 

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, 



$1,175 00 

5,775 00 

1,825 00 

1,250 00 
2,800 00 

2,525 00 



5,250 00 
750 00 


2,525 00 


1,950 00 


11,450 00 


2,725 00 


4,975 00 


2,875 00 


2,475 00 


2,350 00 
2,025 00 


2,625 00 


4,250 00 


5,175 00 


1,925 00 
1,800 00 


10,150 00 


3,975 00 


1,425 00 


2,325 00 



1871.— Chapter 350. 
Worcester County — Continued. 



687 



Northbridge, 


Three thousand one hundred and twen- 




. 


ty-five dollars, 


$3,125 00 


North Brookfield, 


Two thousand nine hundred and fifty 






dollars, 


2,950 00 


Oakham, . 


Nine hundred and fifty dollars, . 


950 00 


Oxford, 


Three thousand two hundred and twen- 






ty-five dollars, 


3,225 00 


Paxton, 


Eight hundred and fifty dollars, . 


850 00 


Petersham, . 


One thousand eight hundred and sev- 






enty-five dollars, .... 


1,875 00 


Phillipston, . 


Nine hundred dollars, .... 


900 00 


Princeton, . 


Two thousand and fifty dollars, . 


2,050 00 


Royalston, . 


One thousand nine hundred and fifty 






dollars, 


1,950 00 


Rutland, 


One thousand four hundred and fifty 






dollars, 


1,450 00 


Shrewsbury, 


Two thousand seven hundred dollars, . 


2,700 00 


Southborough, 


Two thousand five hundred and sev- 






enty-five dollars, .... 


2,575 00 


Southbridge, 


Four thousand seven hundred and 






twenty-five dollars, .... 


4,725 00 


Spencer, 


Three thousand nine hundred and 






twenty-five dollars, .... 


3,925 00 


Sterling, 


Two thousand eight hundred and 






twenty-five dollars, .... 


2,825 00 


Sturbridge, . 


Two thousand four .hundred and fifty 






dollars, 


2,450 00 


Sutton, 


Three thousand one hundred dollars, . 


3,100 00 


Templeton, . 


Two thousand and nine hundred dollars. 


2,900 00 


Upton, 


Two thousand nine hundred and sev- 






enty-five dollars, .... 


2,975 00 


Uxbridge, . 


Four thousand three hundred dollars, . 


4,300 00 


Warren, 


Two thousand eight hundred and twen- 






ty-five dollars, 


2,825 00 


Webster, . 


Three thousand one hundred and fifty 






dollars, 


8,150 00 


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 



688 



Hampshire 
County. 



1871.— Chapter 350. 

WoKCESTER County — Concluded. 



Winchendon, 
Worcester, . 



Three thousand four hundred and sev- 
enty-five dollars, . . . . 

Fifty-one thousand and seventy-five 
dollars, 



$3,475 00 
51,075 00 



$221,750 00 



HAMPSHIRE COUNTY. 



Amherst, 

Belchertown, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield, 

Goshen, 

Granby, 

Greenwich, . 

Hadley, 

Hatfield, . 

Huntington, 

Middlefield, 

Northampton, 

Pelham, 

Plainfield, . 

Prescott, 

South Hadley, 

Southampton, 

Ware, . 

Westhampton, 



Four thousand eight hundred and sev 
enty-five dollars, . . . . 

Three thousand one hundred and sev- 
enty-five dollars, 

One thousand and seventy-five dollars 

One thousand and twenty-five dollars, 

Four thousand two hundred and fifty 

dollars, 

One thousand six hundred dollars, 

Four hundred and fifty dollars, . 

One thousand three hundred dollars. 

Seven hundred and fifty dollars, . 

Three thousand four hundred dollars, 

Three thousand five hundred and fifty 

dollars, ..... 
One thousand two hundred dollars, 

Nine hundred and seventy-five dollars 

Twelve thousand three hundred dollars 

Six hundred and twenty-five dollars. 

Seven hundred and twenty-five dollars. 

Six hundred and fifty dollars. 

Two thousand nine hundred and sev 

enty-five dollars. 
One thousand four hundred dollars, 

Three thousand seven hundred dollars. 

Seven hundred and seventy-five dol- 
lars, 



$4,875 00 

3,175 00 

1,075 00 

1,025 00 



4,2.50 00 
1,600 00 


450 00 


1,300 00 


750 00 


3,400 00 


3,550 00 
1,200 CO 


975 00 


12,300 00 


625 00 


725 00 


650 00 


2,975 00 
1,400 00 


3,700 00 


775 00 



Williamsburg, 
Worthington, 



1871.— Chapter 350. 

Hampshire County — Concluded, 



689 



Two thousand nine hundred and twen- 
ty-five dollars, 

One thousand one hundred and fifty 
dollars, 



HAMPDEN C OUNT Y, 



Agawam, 

Blandford, 

Brimfield, 

Chester, 

Chicopee, 

Granville, 

Holland, 

Holyoke, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery 

Palmer, 

Russell, 

Southwick, 

Springfield, 

Tolland, 

Wales, 

Westfield, 

West Springfield, 

Wilbraham, 



Two thousand two hundred and fifty 

dollars, ..... 
One thousand five hundred dollars, 

One thousand nine hundred and twen 
ty-five dollars, .... 

One thousand three hundred and fifty 
dollars, 

Eight thousand nine hundred dollars. 

One thousand five hundred and twen- 
ty-five dollars, ... 

Three hundred and seventy-five dol- 
lars, .... 

Six thousand nine hundred and twen- 
ty-five dollars, 

Two thousand six hundred and twenty- 
five dollars, .... 

One thousand three hundred dollars. 

Three thousand five hundred and sev- 
enty-five dollars. 
Four hundred and fifty dollars, . 

Three thousand five hundred and sev 

enty-five dollars. 
Six hundred and twenty-five dollars. 

One thousand six hundred and fifty dol 
lars, 

Thirty-five thousand six hundred and 
twenty-five dollars, . 

Eight hundred dollars. 

Seven hundred and twenty-five dollars, 
Eight thousand eight hundred dollars, . 

Three thousand four hundred and fifty 
dollars, 

Two thousand four hundred and fifty 
dollars, ...... 



$2,925 00 
1,150 00 



$54,850 00 



Hampden 

County. 



12,250 00 
1,500 00 



1,925 00 



1,350 00 
8,900 00 


1,525 00 


875 00 


6,925 00 


2,625 00 
1,300 00 


3,575 00 
450 00 


3,575 00 
625 00 



1,650 00 



35,625 00 
800 00 


725 00 


8,800 00 


3,450 00 


2,4.50 00 


$90,400 00 



690 



Franklin 
County. 



1871.— Chapter 350. 

FRANKLIN COUNTY. 



Ashfield, 

Bernardston 

Buckland, 

Charlemont, 

Colrain, 

Conway, 

Deerfield, 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

New Salem, 

Northfield, 

Orange, 

Rowe, 

Shelburne, 

Shutesbury, 

Sunderland, 

Warwick, , 

Wendell, , 

Whately, , 



One thousand seven hundred dollars. 

One thousand three hundred dollars. 

One thousand six hundred and seventy- 
five dollars, .... 
One thousand and seventy-five dollars 

One thousand eight hundred dollars, 

Two thousand dollars. 

Three thousand four hundred and fifty 

dollars, 

Five hundred and twenty-five dollars. 

One thousand and fifty dollars, . 

Five thousand dollars. 

Seven hundred and fifty dollars, . 

Six hundred and seventy-five dollars. 

Eight hundred and fifty dollars, . 

Seven hundred and fifty dollars, . 

Two hundred and fifty dollars, . 

One thousand seven hundred and fifty 

dollars, 

One thousand and fifty dollars, . 

Two thousand and twenty-five dollars. 

One thousand nine hundred and twen- 
ty-five dollars, .... 
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. 



11,700 00 
1,300 00 

1,675 00 
1,075 00 

1,800 00 

2,000 OC 

3,450 00 
525 00 

1,050 00 

5,000 00 

750 00 

675 00 

850 00 

750 00 

250 00 



1,750 00 
1,050 00 

2,025 00 



1,925 00 
525 00 



2,225 00 

675 00 



1,150 00 
800 00 

600 00 

1,800 00 

1837,375 00 



1871.— Chapter 3"^ 

BERKSHIRE COUNTY 



691 



Berkshire 
County. 



Adams, 
Alford, 


Nine thousand one hundred and fifty- 
dollars, ...... 

Eight hundred and seventy-five dollars, 


$9,150 00 
875 00 


Becket, 
Cheshire, 
Clarksburg, . 


One thousand four hundred and twen- 
ty-five dollars, 

One thousand nine hundred and fifty- 
dollars, ...... 

Four hundred dollars, .... 


1,425 00 

1,950 00 
400 00 


Dalton, 


Two thousand four hundred dollars, . 


2,400 00 


Egremont, . 
Florida, 


One thousand five hundred and twen- 
ty-five dollars, 

Seven hundred dollars. 


1,525 00 
700 00 


Gt. Barrington, . 
Hancock, . 
Hinsdale, . 
Lanesborough, . 
Lee, . 


Five thousand seven hundred and sev- 
enty-five dollars, .... 

One thousand two hundred and fifty 
dollars, 

Two thousand one hundred and fifty 
dollars, 

One thousand seven hundred and sev- 
enty-five dollars, .... 

Four thousand six hundred dollars, 


5,775 00 

1,250 00 

2,150 00 

1,775 QO 
4,600 00 


Lenox, 

Monterey, . 


Two thousand two hundred and fifty 

dollars, 

Eight hundred and.fifty dollars, . 


2,250 00 
850 00 


Mt. Washington, 


Two hundred and fifty dollars, . 


250 00 


New Ashford, 


Two hundred and seventy-five dollars. 


275 00 


New Marlboro', . 
Otis, . 


One thousand seven hundred and sev- 
enty-five dollars, .... 
One thousand dollars, .... 


1,775 00 
1,000 00 


Peru, . 


Six hundred dollars, .... 


600 00 


Pittsfield, . 


Sixteen thousand two hundred dollars. 


16,200 00 


Richmond, . 
Sandisfield, . 
Savoy, 


One thousand three hundred and sev- 
enty-five dollars, .... 

One thousand seven hundred and 
twenty -five dollars, .... 

Eight hundred and fifty dollars, . 


1,375 00 

1,725 00 
850 00 


Sheffield, . 
Stockbridge, 


Three thousand two hundred and sev- 
enty-five dollars, .... 

Three thousand three hundred and 
twenty-five dollars, .... 


3,275 00 
3,325 00 



34 



692 



Norfolk 
County. 



1871.— Chapter 350. 

Berkshirk County — Concluded. 



Tyrin<fham, 


Eight hundred and twenty-five dollars, 


*825 00 


Washington, 


Eight hundred and twenty-five dollars. 


825 00 


West Stockbridge, 


One thousand eight hundred dollars, . 


1,800 00 


Williamstown, 
Windsor, 


Three thousand one hundred and fifty 

dollars, 

Eight hundred and seventy-five dollars. 


3,150 00 

875 00 




$75,200 00 



NORFOLK COUNTY, 



Bellingham, 


. 


Braintree, . 


Brookline, 




Canton, ; 




Cfohasset, 




Dedham, 




Dover, 




Foxborough 




Franklin, 




Medfield, 




Medway, 




Milton, 




Needham, 




Quincy, 




Randolph, . 




Sharon, 




Stoughton, 




Walpole, 





One thousand three hundred and fifty 

dollars, $1,350 00 

Four thousand four hundred and sev- 
enty-five dollars, .... 4,475 00 

Twenty-seven thousand one hundred 

and twenty -five dollars, . . . 27,125 00 

Five thousand seven hundred dollars, . 5,700 00 

Three thousand one hundred and twen- 
ty-five dollars, .... 3,125 00 
Twelve thousand four hundred dollars, 12,400 00 

Nine hundred and fifty dollars, . . 950 00 

Three thousand five hundred and fifty 

dollars, 3,550 00 

Two thousand nine hundred dollars, . 2,900 00 

One thousand six hundred and fifty 
dollars, 1,650 00 

Three thousand five hundred and sev- 
enty-five dollars, .... 3,575 00 

Nine thousand nine hundred dollars, . 9,9O0 00 

Four thousand si.K hundred and fifty 

dollars, ...... 4,050 00 

Nine thousand nine hundred and twen- 
ty-five dollars, 9,925 00 

Seven thousand nine hundred dollars, . 7,900 00 

One thousand nine hundred and seven- 
ty-five dollars, 1,975 00 

Five thousand and fifty dollars, . . 5,050 00 

Three thousand and fifty dollars, . 3,050 00 



1871.— Chapter 350. 



693 



Norfolk County — Concluded. 



West Roxburj, . 

Weymouth, . 
Wrentham, . 


Twenty-four thousand four hundred 
and seventy-five dollars, . 

Nine thousand ei<rht hundred and sev- 
enty-five dollars, .... 

Three thousand eight hundred and fifty 
dollars, 


ig24,475 00 

9,875 00 
3,850 00 




•1147,450 00 



BRISTOL COUN T Y. 



Bristol County. 



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 dol- 






lars, 


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 


Norton, 


Two thousand three hundred and fifty 






dollars, 


2,350 00 


Raynhara, . 


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, 


1,3.50 00 


Somerset, . 


Two thousand four hundred and twen 






ty-five dollars, 


2,425 00 


Swanzey, . 


Two thousand and fifty dollars, . 


2,050 00 


Taunton, 


Twentj'-two thousand one hundred and 






twenty-five dollars, .... 


22,125 00 


Westport, . 


Three thousand nine hundred and sev- 






enty-five dollars, .... 


3,r)75 00 




$152,375 00 



694 



Plymouth 
County. 



1871.— Chapter 350. 

PLYMOUTH COUNTY 



Abington, . 


Nine thousand two hundred and seven- 






ty-five dollars, .... 


S9,275 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, 


2,9S0 00 


East Bridgewater, 


Three thousand five hundred and fifty 






dollars, ...... 


3.550 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 seven- 






ty-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 


Middleborough, . 


Six thousand and one hundred dollars, 


6,100 00 


No. Bridgewater, 


Six thousand seven hundred and sev- 






enty-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 


Eochester, . 


One thousand five hundred and seven- 






ty-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 






twenty-five dollars, .... 


2,725 00 


W. Bridgewater, 


Two thousand five hundred and fifty 






dollars, 


2,550 00 




S79,600 00 



1871.— Chapter 350. 

BARNSTABLE COUNTY 



595 



Barnstable, . 
Brewster, . 
Chatham, . 
Dennis, 
Eastham, 
Falmouth, . 
Harwich, 
Orleans, 
Provincetown, 
Sandwich, . 
Truro, 
Wellfleet, . 
Tarmouth, . 



. Six thousand two hundred dollars, 
. I Two thousand one hundred dollars, 



Three thousand one hundred and sev- 
enty-five dollars. 

Three thousand four hundred and fifty 
dollars, 

Seven hundred and twenty-five dollars, 

Three thousand seven hundred and 

fifty dollars, 

Three thousand two hundred dollars, . 

One thousand seven hundred and fifty 
dollars, 

Four thousand three hundred and fifty 
dollars, 

Four thousand six hundred and twen- 
ty-five dollars, 

One thousand three hundred dollars, . 



Two thousand two hundred dolleirs, . 
Three thousand eight hundred dollars, 



DUKE S COUNTY. 



NANTUCKET COUNTY, 



Nantucket, 



Six thousand and seventy-five dollars, 



Barnstable 
County. 



$6,200 00 
2,100 00 

3,175 00 



3,450 00 
725 00 


3,750 00 
3,200 00 


1,750 00 


4,350 00 


4,625 00 
1,800 00 


2,200 00 


3,800 00 


$40,625 00 


Dukes County. 



Chilmark, . 


Nine hundred and fifty dollars, . 


$950 00 


Edgartown, . 
Gosnold, 


Two thousand eight hundred and twen- 
ty-five dollars, .... 
Two hundred and seventy-five dollars. 


2,825 00 
275 00 


Tisbury, . . 


One thousand nine hundred and sev- 
enty-five dollars, .... 


1,975 00 




$6,025 00 



Nantucket 
County. 



3,075 00 



696 



1871— Chapter 350. 

RECAPITULATION 



Suffolk County, . 
Essex County, 
Middlesex County, 
Worcester County, 
Hampshire County, 
Hampden County, 
Franklin County, 
Berkshire County, 
Norfolk County, . 
Bristol County, . 
Plymouth County, 
BarnstableCounty, 
Dukes County, . 
Nantucket County, 



Nine hundred and fifty-seven thousand 
one hundred and twenty-five dollars, 

Two hundred and thirty-eijxht 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 hundi;ed 
and seventy-five dollars, . . - . 

Seventy-five thousand two hundred 
dollars, 

One hundred and forty-seven thousand 
four hundred and fifty dollars, . 

One hundred and 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, 



8957,125 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 



,$2,500,000 00 



Treasurer of 
Commonwealth 
to issue war- 
rant. 



— to require 
selectmen or 
assessors to 
issue warrant 
to city or town 
treasurers. 



Names of treas- 
urers, &c., re- 
quired to be 
returned. 



Section 2. The treasurer of the Commonwealth shall 
forthwith send his warrant, with a copy of this act, directed 
.to the selectmen or assessors of each city or town taxed as 
aforesaid, requiring them, respectively, to assess the sum so 
charged, according to the provisions -of chapter eleven of the 
General Statutes, and to add the amount of such tax to the 
amount of town and county taxes to be assessed by them 
respectively on each city or town. 

Section 3. The treasurer, in his warrant, shall require 
the said selectmen or assessors to pay, or to issue their 
several warrant or warrants requiring the treasurers of their 
several cities or towns to pay to the treasurer of the Com- 
monwealth, on or before the first day of December, in the 
year one thousand eight hundred and seventy-one, the sums 
set against said cities or towns in the schedule aforesaid ; 
and the selectmen or assessors, respectively, shall return a 
certificate of the names of such treasurers, with the sum 
which eacli may be required to collect, to the treasurer 



1871.— Chapter 351. 697 

of the Commonwealth, at some time before the first day of 
October next. 

Section 4. If the amount due from any city or town, as Treasurer of 
provided in this act, is not paid to the treasurer of the ^onoufy^efin-^ 
Commonwealth within the time specified, then the treasurer fi>'ent "ty or 

T 1 p • 1 1 1 • • town treasu- 

shall notify the treasurer oi said deJmquent city or town, rers. 
who sliall 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 tlie first day of December next ; and if the 
same remains unpaid after the first day of January next, an 
information may be filed by the treasurer of the Common- 
wealth in the supreme judicial court, or before any justice 
thereof, against such delinquent city or town ; and upon 
notice to such city or town, and a summary hearing thereon, 
a warrant of distress may issue against such city or town, to 
enforce 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 efiect upon its passage. 

Approved May 25, 1871. 

An Act concerning pilotage. Chan S5*l 

Be it enacted, §'c., as follows : 

Section 1. No vessel of five hundred and fifty tons and coasting ves- 
under, regularly employed in the coasting trade of the United and ^eg^ffeKd*' 
States and sailing under a coasting license, and no vessel of tonfiot r(f(^ir- 
three hundred and fifty tons and under, saillno- under a res- edtopaycom- 

^ ,. . ^, •' . „ .. , 1, , ~,. , , ^ pulsory pilot- 

ister, declining the services oi a pilot, shall be liable to pay age in Boston 
compulsory pilotage into or out of the ports of Boston and ^"*^ ^'^^^™' 
Salem, unless said vessel is bound to or from a foreign port. 

Any vessel from a foreign port calling at a coastwise port 
for a harbor or for orders, to be considered the same as com- 
ing from a foreign port. 

Section 2, Section six of chapter one hundred and sev- Amendment to 
enty-six of the acts of the year eighteen hundred and sixty- ^®*^2, iro, § 6. 
two, is hereby amended by striking out all after the word 
thereof in sixth line, to and including the word fees in the 
ninth line. 

Section 3. The schedule of general regulations to said SHmeudelf" 
act is hereby amended by adding to number ten the follow- 
ing words : i)rovided, the pilot commissioners shall approve 
of said claim, and by striking out in number sixteen all 
after the word pilot in the second line, and adding the words : 
the same rates as vessels engaged in the merchant service. 

Section 4. The special regulations for the harbor of Special reguia- 
Boston, annexed to said act, are hereby amended by striking '°'^**™^° 



698 



1871.— Chapter 351. 



out from line first the word six, and inserting the word five, 
and by striking out in the sixth line the words first and 
second and are, and inserting after the word who the 
word " is." 
Rates of pilot- SECTION 5. The following shall be the rates of pilotage 

age outward for t /. i o -n r o 

port of Boston, outward for the port ot Boston : — 



FEET. 


Per Foot. 


FEET. 


Per Foot. 


From Nov. 1st to April 30th, 




From May 1st to October 1st, 




incliisive. 




inclusive. 




7, 


U 65 


7, . . . . 


U 44 


8,. 








1 66 


8, 








1 45 


9,. 








1 67 


9, 








1 46 


10, . 








1 70 


10, 








1 49 


11, . 








1 74 


11, 








1 53 


12,. 








1 78 


12, 








1 57 


13, . 








2 00 


13, 








1 80 


H, . 








2 00 


14, 








1 85 


15, . 








2 10 


15, 








1 90 


16, . 








2 25 


16, 








2 00 


17,. . 








2 50 


17, 








2 10 


18, . 








2 75 


18, 








2 25 


19,. 








3 00 


19, 








2 50 


20, . 








3 25 


20, 








2 75 


21,. 








3 50 


21, 








3 00 


22, . 








3 75 


22, 








3 25 


23,. 








4 00 


23, 








3 50 


24, . 








4 25 


24, 








3 75 


25, . 








5 00 


25, 








4 00 



Sates of pilot- ^^(j the following the rates of pilotage inward for the port 

age inward for on r o r 

port of Boston. 01 Boston : — 



FEET . 


Per Foot. 


FEET. 


Per Foot. 


Winter. 




Summer. 




7, 


$2 64 


7, . . . . 


$2 25 


8,. 








2 69 


8, 










2 30 


9,. 








2 73 


9, 










2 35 


10,. 








2 77 


10, 










2 40 


11,. 








2 80 


11, 










2 45 


12,. 








2 85 


12, 










2 50 


13, . 








2 95 


13, 










2 55 


14,. 








3 45 


14, 










3 05 


15, . 








3 50 


15, 










3 10 


16,. 








3 55 


16, 










3 20 



1871.— Chapter 352. 

Pilotage Inward — Concluded. 



699 



FEET. 


Per Foot. 


FEET. 


Per Foot. 


Winter. 




Summer. 




17 


$3 75 


17, ... . 


5^3 50 


18, . . . 




3 80 


18, 








3 50 


19, . . . 




4 00 


19, 








3 75 


20, . . . 




4 25 


20, 








4 00 


21, . . . 




4 50 


21, 








4 25 


22, . . . 




4 50 


22, 








4 50 


23, . . . 




5 00 


23, 








5 00 


24, . . . 




5 00 


24, 








5 00 


25,. . . . 




5 00 


25, 








5 00 



Section 6. All acts and parts of acts inconsistent here- Repeal, 
with are hereby repealed. 

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

Approved May 25, 1871. 



An Act for the better protection of travellers at rail- 
road CROSSINGS. 

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

Section 1. If a person is injured in his person or prop- 
erty by collision with the engines or cars of a railroad corpo- 
ration passing over a grade crossing of a public way or trav- 
elled place, such as is described in section one of chapter 
eighty-one of the acts of the year eighteen hundred and 
sixty-two, and it appears that the corporation neglected to 
give the signals required by said section, and that such neg- 
lect contributed to the injury, the corporation shall be liable 
for all damages caused by the collision, or to a fine recover- 
able by indictment, as provided in the ninety-eighth section 
of tlic sixty-third chapter of the General Statutes, unless it 
is shown that, in addition to a mere want of ordinary care, 
the person injured, or the person having charge of his per- 
son or property, was, at the time of the collision, guilty of 
gross or wilful negligence, or was acting in violation of the 
law, and that such gross or wilful negligence or unlawful 
act contributed to the injury. 

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

Apj.roved May 25, 1871. 
85 



Chap. 352 



Damages for 
injuries receiv- 
ed at a grade 
crossing of a 
public way. 



700 ' 1871.— Chapters 353, 354. 

Chan. 353 -^^ ^'^^ ^^ addition to the act fok the improvement of 

■^' GKEEN HARBOR MARSH, IN THE TOWN OF MARSHFIELD, AND FOR 

OTHER PURPOSES. 

Be it enacted, Sfc, as follows : 

Acts^on87f to Section 1. Chapter three hundred and three of the acts 
take effect upon of the year eighteen hundred and seventy-one, being an act 
passage ^^^ ^j^^ improvement of Green Harbor Marsh in the town of 

Marshfield, and for other purposes, shall take effect upon the 

passage of this act. 

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

Approved May 26, 1871. 

Chan 354 '^^ ^^^ ^^ addition to an act concerning sewers AND DRAINS 
/ ■ ' IN THE CITY OF WORCESTER. 

Be it enacted, Sfc, as follows: 

tFlslf^^Telt Section 1. If the owner of any real estate which shall 
under proyi^- j^q asscsscd uudcr the provisious of section four of chapter 

sions of 1867, i i i i • n i /. i i 

106, §4. one hundred and six oi the acts of the year eighteen hun- 

dred and sixty-seven, desires to have the amount of said 
assessment apportioned, he shall give notice thereof in writ- 
ing to the mayor and aldermen of the city of Woixjester, at 
any time before a demand is made upon him for the payment 
thereof; and said mayor and aldermen shall thereupon ap- 
portion the said amonnt into five equal parts, which appor- 
tionment shall be certified to the assessors of said city, and 
the said assessors shall add one of said equal parts to the 
annual tax of said estate each year for the five years next 
ensuing ; and interest at the rate of seven per centum a year 
shall be added to each of said parts, from the time of making 
the apportionment to the time such part will become due 
and payable ; and each of said parts, witli the interest which 
shall accrue thereon, shall constitute a lien upon said real 
estate, in the same manner as taxes are a lien upon said real 
estate, and may be collected in the same manner as taxes 
Assessments to upon real estate are collected ; and all assessments which 
at seven per shall be laid upoii real cstatc for the causes mentioned in 
^^^*" said act, shall draw interest at said rate from the time when 

the same became due and payable until the payment thereof. 
reduceciT^^^uV* SECTION 2. When any assessment made under authority 
it can be collect- of said act sliall be reduced in amount by the verdict of a 

ed the same as. ., iii- r j^t ii i i 

original assess- jury, the collcction 01 the assessment so reduced may be 
"'^■''*' enforced in the same manner as the original assessment 

might have been, if no objection had been taken thereto ; 
and in all cases in which the validity or amount of any such 
assessment shall be drawn in question in any suit, the lien 
upon the real estate so assessed shall be continued two years 
from the final determination of such suit. 



1871.— Chapter 355. ' 701 

Section 3. Every svich assessment upon any real estate, invalid assess- 
which is invalid by reason of any error or irregularity in the remade"'*^ 
making thereof, and which has not been paid, or which has 
been recovered back, may be re-made by the mayor and 
aldermen of said city for the time being, to th.e amount for 
which the original assessment ought to have been made. 

Section 4. If any such assessment is reduced in amount costs, 
by a jury, the petitioner shall recover costs against the re- 
spondents ; if tlie jury shall not reduce the amount of such 
assessment, the respondents shall recoN'^r costs. 

Section 5. If any person whose land, water-rights, dams Damages to 
or other real estate have been or shall be taken by said city be'^L'ses'*sl^d by^ 
by authority of sections one, two or three of said act, shall o?"\^r«s"er" 
not agree with said city upon the amount of the damages to county as in 
be paid tlierefor, he may have them assessed by the county taicenfor 
commissioners for the county of Worcester, by making a ^'is'^^^ys- 
written application therefor at any time within two years 
of the passage of this act, or within two years after the tak 
ing of said land, water-rights, dams or other real estate, and 
not afte.rwards ; and if either party is dissatisfied with the 
doings of the commissioners in the estimation of said dam- 
ages, such party may have them assessed by a jury ; and the 
proceedings shall be conducted and the damages shall be 
assessed in the same manner and upon the same principles 
as damages are or may be assessed in the laying out of high- 
ways in said city. 

Section 6. In every case of a petition for the assessment city may con- 

c J c • • J 1 • xi A- sent in court 

01 damages, or lor a jury, as provided in the preceding sec- tiiat a specified 
tion, the said city may offer in court and consent in writing, aw'^rd'Ja t'Jf 
that a sum therein specified may be awarded as damages to complainant. 
the complainant ; and if the complainant shall not accept 
the same within ten days after he has received notice of such 
offer, or within such further time as the court shall for good 
cause grant, and shall not finally recover a greater sum than 
the sum so offered, not including interest on the sum recov- 
ered in damages from the date of the offer, the said city 
shall be entitled to recover its costs after said date, and the 
complainant, if he recover damages, shall be allowed his 
costs only to the date of the offer. 

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

Approved May 26, 1871. 
An Act to provide for the construction of the troy and nhfj,^ S55 

GREENFIELD RAILROAD BETWEEN THE WESTERN PORTAL OF THE "' 
HOOSAC TUNNEL AND NORTH ADAMS. 

Be it enacted, ^c, as follows : 

Section 1. The governor and council are hereby author- Land to be ac- 
ized to acquire, on behalf of the Commonwealth, such land struction^of''"^ 



of $200,000. 



702 1871.— Chapter 356. 

Troy and Green- Es maj be nccessary, or the right of way over the same, for 
between tunnel the constructioii of that portion of the Troy and Greenfield 
grounXiu N. Railroad lying between the western portal of the Hoosac 
Adams. tunnel and the depot grounds at North Adams, inclusive of 

the latter, following essentially the line of location now on 
file, but with power to amend the same in detail should it 
seem best. An agent or agents may be employed for the 
purpose of acquiring said land or right of way, whether by 
purchase, or by such process as is provided for the acquir- 
ing thereof by railroad corporations under existing statutes. 
Governor and SECTION 2. The govemor and council are liereby author- 
make contracts izcd to make such contracts, for the construction of said 
tion°&c!'^"'^ railroad in all its parts, as they may find for the interest of 
the Commonwealth, including the grading of the depot 
grounds at North Adams. 
APP'"9P'?iltion Section 3. The sum of two hundred thousand dollars 
is hereby appropriated to be expended in obtaining said land 
and right of way, and in carrying out said contracts, the 
same to be raised in accordance with the provisions con- 
tained in chapter three hundred and thirty-three of -the acts 
of the year eighteen hundred and sixty-eiglit. 

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

Approved May 26, 1871. 
Chat)- 356 ^^ ^^^ '^^ regulate the fees payable by corporations under 

* * CHAPTER TWO HUNDRED AND TWENTY-FOUR OF THE ACTS OF THE 

YEAR EIGHTEEN HUNDRED AND SEVENTY. 

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

Fees for filing SECTION 1. The fcc to be paid by any corporation for 
cerVfa^ciUe*s^uu- filing and recording the certificate required by sections 
deri»7o, 224. elcvcu and twelve of chapter two hundred and twenty-four 
of the acts of the year eighteen hundred and seventy, shall 
not be less in any case than five dollars, nor shall it exceed 
two hundred dollars. The fee for filing and recording the 
certificate required by section thirty-four of said act, shall 
be one-twentieth of one per cent, of the amount by which 
the capital is increased : provided, that the amount so to be 
paid shall not, when added to the amount or amounts pre- 
viously paid for filing and recording certificates under sec- 
tion eleven or section twelve and under section thirty-four 
of said act, exceed in any case the sum of two hundred 
dollars. 

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

Approved May 26, 1871. 



1871.— Chapters 357, 358. 703 

An Act TO AUTHOKizE the essex branch railroad company to QJi^n 357 

MORTGAGE ITS ROAD. ■» ' 

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

Section 1. The Essex Branch Railroad Company may, May mortgage 
upon being authorized by a majority of the votes at a meet- &c! ' ^^^^ ' 
ing of its stockholders called for the purpose, mortgage its 
road, franchise, equipments and any of its property, real or 
personal, to secure a loan to said company not exceeding 
forty thousand dollars, payable not more than twenty years 
from the date of such mortgage, and bearing interest not 
exceeding seven per cent, per annum : provided, such loan Proviso. 
does not exceed the amount of the capital stock of said 
company actually paid in by its stockholders. 

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

Approved May 26, 1871. 

. An Act to establish the city of Gloucester. Chat). 358 

Be it enacted, ^'c, as follows: 

Section 1. The inhabitants of the town of Gloucester city estabush- 
shall continue to be a body politic and corporate under the *^'^- 
name of the city of Gloucester, and as such shall have, ex- 
ercise and enjoy all the rights, immunities, powers and privi- 
leges, and shall be subject to all the duties and obligations 
now incumbent upon and pertaining to the said town as a 
municipal corporation. 

Section 2. The administration of all the fiscal, pruden- Government. 
tial and municipal affairs of the said city, with the govern- 
ment thereof, shall be vested in one officer, styled the mayor, 
one council of eight, to be called the board of aldermen, 
and one council of twenty-four, to be called the common 
council, which boards, in their joint capacity, shall be de- 
nominated the city council ; and the members thereof shall 
be sworn to the faithful performance of their respective 
duties. A majority of each board shall constitute a quorum Quorum. 
for the transaction of business. And no member of either 
board shall receive any compensation for his services. 

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

Section 4. It shall be the duty of the selectmen of said Division of 

1 r 1 f ^ • -I • town into 

town, as soon as may be alter the passage oi this act and its wards, 
acceptance, as herein provided, to divide said town into 
eight wards, to contain, as nearly as conveniently may be, 
an equal number of voters, which division may be revised 
by the city council within three years from the passage here- 



704 1871.— Chapter 358. 

of. The city council may, in the year eighteen hundred 
New division of and scventy-five, and every fifth year thereafter, make a new 
ftv/yeaJs!'^^ division of wards, so that they shall contain, as nearly as 
may be consistent with well defined limits to each ward, an 
equal number of voters in each ward according to the cen- 
sus to be taken in the month of May in said years. 
Annual eirction SECTION 5. Ou the first Monday of December, annually, 
there shall be chosen by ballot, in each of said wards, a 
warden, clerk and three inspectors of elections, who shall 
be different persons, residents in the ward, who shall hold 
their offices one year, and until others are chosen and quali- 
ward meetings, ficd in their stcad. Said wardens shall preside at all ward 
meetings, with the power of moderators in town meetings ; 
and if at any meeting the warden is not present the clerk 
shall preside until a warden pro tempore is chosen by ballot ; 
if both the warden and clerk are absent, the senior in age 
of the inspectors present shall preside, until a warden pro 
tempore is chosen ; and if all said officers are absent, any 
legal voter in said ward may preside until a warden pro 
tempore is chosen. When any ward officer is absent, or 
neglects to perform his duty, his office shall be filled pro 
Clerk and in- tempore. Thc clerk shall record all the proceedings and 
epectors. certify the votes, and deliver to his successor in office all 

such records and journals, together with all other documents 
and papers held by him in his said capacity. The inspec- 
tors shall assist the warden in receiving, assorting and count- 
wardofficersto ing the votcs. All Said officers shall be sworn to a faithful 
e sw rn. discharge of their duties ; said oath to be administered by 
the clerk to the warden, and by the warden to the clerk, 
and to the inspectors, or to either of said officers by any jus- 
tice of the peace for Essex county ; a certificate of such 
oaths shall be made by the clerk upon the ward records. 
Meetings of All warrauts for meeting of the citizens for municipal pur- 
citi/eus. poses, to be held either in wards or in general meeting, shall 

be issued by the mayor and aldermen, and shall be in such 
form, and served and returned in such manner and at such 
times as the city council shall direct, Tlie compensation of 
the ward officers shall be fixed by concurrent vote of the 
city council. 
Mayor. SECTION G. The mayor shall be elected by the qualified 

voters of the city at large, voting in their respective wards, 
and shall hold his office for the municipal year next follow- 
ing his election, and until another shall be chosen and quali- 
fied in his place. 
Aldermen. SECTION 7. Eight aldermen shall be elected by the quali- 

fied voters of the city at large, voting in their respective 



1871.— Chapter 358. 705 

wards, who shall hold their offices for one year from the 
first Monday of January nest foUowhig their election, and 
until a majority of the new board are elected and qualified 
in their place. 

Section 8. Three common councilmen shall be elected cUm^"*^ *^°"°" 
by and from the voters of each ward, who shall, at the time 
of their election, be residents of the wards respectively in 
which they are elected, and shall hold their offices for one 
year from the first Monday of January next following their 
election, and until a majority of the new board are elected 
and qualified in their places. 

Section 9. On the first Monday of December annually, Kiectjon on first 
the qualified voters in the several wards shall give in their December an- 
votes l)y ballot for mayor, aldermen, common councilmen and ""^^'^y- 
school committee, in accordance with the provisions of this 
act ; and all the votes so given shall be assorted, declared 
and recorded in open ward meeting, by causing the names 
of persons voted for and the number given for each to be 
written in the ward record at length. The clerk of the 
ward, within twenty-four hours thereafter, shall deliver to 
the persons elected members of the common council certifi- certificates of 
cates of their election respectively, signed by the warden 
and clerk and a majority of the inspectors of elections, and 
shall deliver to the city clerk a copy of the record of such 
elections, certified in like manner : provided, hoivever, that 
if the choice of members of the common council shall not 
be effected on that day in any ward, the meeting in such 
ward may be adiourned from time to time to complete such Meeting may 
election. The board of aldermen shall, within ten days there is no 
thereafter, examine the copies of the records of the several climen." *^°"° 
wards, certified as aforesaid, and shall cause the person who 
shall have been elected mayor to be notified in writing of ^e'lmtifilfd by** 
his election ; but if it shall appear that no person has been aldermen, 
elected, or if the person elected shall refuse to accept the 
office, the board shall issue warrants for a new election, and 
the same proceedings shall be had in all respects as are here- 
in before provided for the choice of mayor, and from time 
to time shall be repeated until a mayor shall be chosen and 
shall accept said office. In case of the decease, resignation in case of faii- 

y o ^\ • p • xi ure to elect or 

or absence or the mayor, or in case ot a vacancy m the refusal to ac- 

office of mayor from any cause, or of his inability to per- "^^p'' 

form the duties of his office, it shall be the duty of the 

board of aldermen and common council respectively, by 

vote to declare that a vacancy exists, and the cause thereof; 

and thereupon the two boards shall meet in convention and 

elect a mayor to fill such vacancy ; and the mayor thus 



706 1871.— Chapter 358. 

elected shall hold his office until the inability causing such 
vacancy shall be removed, or until a new election. Each 
alderman shall be notified in writing of his election by the 
mayor and aldermen for the time being. The oath pre- 
scribed by this act shall be administered to the mayor by the 
city clerk, or by any justice of the peace for the county of 
Aldermen and Essex. The aldermen and common councilmen elect shall, 
meeTin"conven- On the first Mouday of January, at ten o'clock in the fore- 
day ^^jamia^y, noon, meet in convention, when the oath required by this 
and be sworn, act shall bs administered to the members of the two boards 
present, by the mayor, or by any justice of the peace for the 
county of Essex ; and a certificate of such oath having been 
taken, shall be entered on the journal of the mayor and al- 
dermen and of the common council by their respective 
clerks. And whenever it shall appear that a mayor has 
not been elected previous to the first Monday of January 
aforesaid, the mayor and aldermen for the time being shall 
make a record of that fact, an attested copy of which the 
city clerk shall read at the opening of the convention to be 
Common coun- \iq\^ as aforcsaid. After the oath has been administered as 

cil to be organ- • -, ■, i i i 1 1 

ized by choice aiorcsaid, the two boards shall separate, and the common 

andcierk!'^ couucil shall be Organized by the choice of a president and 

clerk, to hold their offices respectively during the pleasure 

of the common council, the clerk to be under oath faithfully 

City council to to perform the duties of his said office. In case of the 

abfenceVr"uon- abscucc of the mayor elect on the first Monday of January, 

m!iyor,"w'ifo ^^ ^^ ^^^^ mayor shall not then have been elected, the city 

may be sworn couucil sliall oi'gauizc itsclf iu the manner herein before 

provided, and may proceed to business in the same manner 

as if the mayor was present ; and the oath of office may, at 

any time thereafter, in convention of the two boards, be 

administered to the mayor and any member of the city 

council who may have been absent at the organization. In 

President of the abscucc of the mayor, the board of aldermen may 

board of alder- , .,. n- . i i n i 

nienprotem. choosc a presiding officer pro tempore, who siiall also pre- 
side at the joint meetings of the two boards. Each board 
Each board to shall kccp a rccord of its own proceedings, and judge of the 
proceediugs° clectiou of its owii mcmbcrs ; and in case of failure of 
Vacancies. clectiou, or in casc of vacancy declared by either board, 
the mayor and aldermen shall issue their warrant for a new 
election. 
Mayor to be SECTION 10. The mavor shall be the chief executive offi- 

ClllGI tXGCUtlVG 

officer of the ccr of the city. It shall be his duty to be active and vigi- 

'^^'^^" lant in causing the laws and regulations of the city to be 

enforced, and to keep a general supervision over the conduct 

of all subordinate officers. And he may, whenever in his 



1871.— Chapter 358. 707 

opinion the public good may require, remove, with the con- ^™^y wm^^ 
sent of the appointing power, any officer over whose appoint- consent of the 
ment he has, in accordance with the provisions of this char- po'vir"'"*'"^ 
ter, exercised the power of nomination. He may call special — may can spe- 

.. Piiiipii J -1 cial meetings of 

meetmgs of the boards ot aldermen and common council, or boards. 
either of them, when in his opinion the interests of the city 
require it, by causing notice to be left at the usual place of 
residence of each member of the board or boards to be con- 
vened. He shall from time to time communicate to both 
boards such information and recommend such measures as 
the business and interests of the city may in his opinion re- 
quire. He shall preside in the board of aldermen, and in —to preside m 
convention of the two boards, but shall have a casting vote mTn, and'^n'^'^ 
only. His salary for the first five years, under this charter, sa"ary"**°"' 
shall be fixed by the city council, but shall not exceed tiie 
sum of five hundred dollars per annum. Afterwards it shall 
be such as the city council shall determine. It shall be pay- 
able at stated periods, but shall not at any time be increased 
or diminished during the year for which he is chosen. He 
shall receive no other compensation. 

Section 11. Every ordinance, order, resolution or vote veto power of 
to which the concurrence of the board of aldermen and of '^ ^^y°^- 
the common council may be necessary, except on a question 
of a convention of the two branches, and every order of 
either branch involving the expenditure of money, shall be 
presented to the mayor ; if he approves thereof, he shall sig- 
nify his approbation by signing the same ; but if not, he 
shall return the same with his objections to the branch in 
which it originated, who shall enter the objections of the 
mayor at large on their records, and proceed to reconsider 
said ordinance, order, resolution or vote ; and if, after such 
reconsideration two-thirds of the board of aldermen or com- 
mon council present and voting thereon notwithstanding 
such objections, agree to pass the same, it shall together with 
the objections, be sent to the other branch of the city coun- 
cil if it originally required concurrent action, where it shall 
also be reconsidered, and if approved by two-thirds of the 
members present, it shall be in force ; but in all cases the 
vote shall be determined by yeas and nays. If any such or- 
dinance, order, resolution or vote shall not be returned by 
the mayor within ten days (Sundays excepted) after it shall 
have been presented, the same shall be in force. But the 
veto power of the mayor shall not extend to the election of 
officers required by any law or ordinance to be chosen by the 
city council in convention or by concurrent action, unless 
86 



708 



1871.— Chapter 358. 



Executive pow- 
er vested ia 
mayor and al- 
dermen. 



City marshal, 
constables and 
police oflBcers. 



Compensation 
of police. 



City council to 
have care of 
public property. 



Annual report 
of receipts, ex- 
penditures, &c. 



Appointments 
by mayor and 
aldermen, how 
made. 



Sittings not ex- 
ecutive to be 
public. 



expressly so provided therein. In all cases where anything 
is or may be required or authorized by any law or ordinance 
to be done by the mayor and aldermen, the board of alder- 
men shall first act thereon ; and any order, resolution or 
vote of said board shall be presented to the mayor for his ap- 
proval, in the manner provided in this section. 

Section 12. The executive power of said city generally, 
and the administration, with all the powers heretofore vested 
in the selectmen of Gloucester, shall be vested in and may be 
exercised by the mayor and aldermen as fully as if the same 
were herein specially enumerated. Tiie mayor and alder- 
men shall have full and exclusive power to appoint a con- 
stable or constables, and a city marshal and assistants, with 
the powers and duties of constables, and all police officers, 
and the same to remove at pleasure. And the mayor and 
aldermen may require any person who may be appointed 
marshal or constable of the city to give bonds for the faithful 
discharge of the duties of the office, with such security and 
to such amount as they may deem reasonable and proper, 
upon which bonds the like proceedings and remedies may be 
had as are by law provided in case of constables' bonds, 
taken by the selectmen of towns. The compensation of the 
police shall be fixed by the mayor and aldermen, and the 
compensation of the other subordinate officers shall be fixed 
by concurrent vote of the city council. The city council 
shall have the care and superintendence of the city buildings 
and the custody and management of all city property, with 
power to let or to sell what may legally be let or sold, and 
to purchase property, real or personal, in the name Orud for 
the use of the city whenever its interests or convenience may, 
in their judgment, require it. And they shall, as often as 
once a year, cause to be published for the use of the inhab- 
itants, a particular account of the receipts and expenditures, 
and a schedule of city property and of the city debts. 

Section 13. In all cases in wiiich appointments are di- 
rected to be made by the mayor and aldermen, the mayor 
shall have the exclusive power of nomination, being subject, 
however, to confirmation or rejection by the board of alder- 
men ; and no person shall be eligible by appointment or 
election to any office of emolument, tiie salary of which is 
payable out of the city treasury, who, at the time of such ap- 
pointment or election, shall be a member of the board of al- 
dermen or of the common council. All sittings of the mayor 
and aldermen, of the common council, and of the city coun- 
cil, shall be public, when they are not engaged in executive 
business. 



1871.— Chapter 358. 709 

Section 14. TJie city council shall annually, as soon Treasurer, coi- 

lector city 

after tlieir organization as may be convenient, elect by joint cierk.'&c.tobe 
ballot in convention, a treasurer, collector of taxes, city clerk, baiiiouncon-'"* 
one or more superintendents of highways, and city physician, mention. 
and by concurrent vote a city solicitor and city auditor, wlio 
shall hold their offices respectively for the term of one year, 
and until their successors shall be chosen and qualified : pro- Proviso. 
vided, hoivever, that either of the officers named in this sec- 
tion may be removed at any time by the city council for 
sufficient cause. 

Section 15. The city council shall annually, in the month chief engineer 
of January, elect by joint ballot in convention, a chief engi- joiufbaiioT ^ 
neer of the fire department, and as many assistant engineers, 
not exceeding eight, as they may deem expedient, who shall 
hold their offices for the term of one year from tlie first 
Monday of February next ensuing, and until their successors 
are chosen and qualified. The city council may at any time 
remove any elected member of the said board from office for 
cause. The compensation of the foregoing officers mentioned fo^bJ'flxed'by 
in the last two sections shall be fixed by concurrent vote of concurrent 
the city council. 

Section 16. The city clerk shall also be clerk of the citycieric, 
board of aldermen, and shall be sworn to the faithful per- "' ' 
formance of his duties. He shall perform such duties as 
shall be prescribed by the board of aldermen ; and he shall 
perform all the duties and exercise all the powers incumbent 
by law upon him. He shall deliver to liis successor in office 
as soon as chosen and qualified, all journals, records, papers, 
documents or other things held by him in his capacity as 
city clerk. 

Section 17. Tlie city council shall, in such manner as city council to 
they shall determine, elect. or appoint all other subordinate officer's. ° 
officers, for whose election or appointment other provision is 
not herein made, define their duties and fix their compensa- 
tion. 

Section 18. All city and ward officers shall be held to city officers to 
discharge the duties of the offices to which they have been dut'ies alter re'- 
respectively elected, notwithstanding their removal after ^ther'ward!' 
their election out of their respective ward into any other 
wards of the city ; but a permanent residence out of the city, 
shall cause a vacancy to exist in the offices to which they 
were elected. 

Section 19. The city council shall take care that no payments from 
money be paid from the treasury unless granted or appro- t'le treasury, 
priated, and shall secure a just and proper accountability by 
requiring bonds with sufficient penalties and sureties from all 



710 



1871.— Chapter 358. 



Vacancies. 



persons intrusted with the receipt, custody or disbursement 
of money. 
Ph^polfAo^be Section 20. The city council elected in December, in the 
ballot'^ ^' ^'*^'^* ^^^^ eighteen hundred and seventy-one, shall, as soon after 
their organization as may be convenient, elect by joint bal- 
lot in convention three persons to be overseers of the poor, 
one for three years, one for two years and one for one year ; 
and thereafter the city council shall annually, as soon after 
their organization as may be convenient, elect in the same man- 
ner one person who shall hold his office for the term of three 
J ears next ensuing, and until another shall be elected and 
qualified in his stead. The persons so elected shall, with 
the mayor and president of the common council, constitute 
the board of the overseers of the poor. The mayor shall be 
ex officio chairman of the board. Vacancies occurring in 
the board may be filled by joint ballot of the city council at 
any time ; the member so elected to hold office only for the 
unexpired term of the memtjpr who has ceased to hold office. 
The city council may at any time remove any elected mem- 
ber of tlie said board from office for cause. The compensa- 
tion of tlie overseers of the poor shall be fixed by concurrent 
vote of the city council. The board shall be organized an- 
nually on the third Monday in January, or as soon thereafter 
as may be convenient. 

Section 21. The city council elected in December, in the 
year eighteen hundred and seventy one, shall as soon after 
their organization as may be convenient, elect by concurrent 
vote three persons to be assessors of taxes, one for three 
years, one for two years and one for one year ; and thereaf- 
ter the city council shall annually, as soon after their organ- 
ization as may be convenient, elect in the same manner, 
one person who shall hold his office for the term of three 
years next ensuing, and until another shall be elected and 
qualified in his stead. The persons so elected shall consti- 
tute the board of assessors, and shall exercise the powers, and 
be subject to the liabilities and duties of assessors in towns. 
Yacancies occurring in the board may be filled by concur- 
rent vote of the city council at any time, the number so 
elected to hold office only for the unexpired term of the 
member who has ceased to hold office. All taxes shall be 
assessed, apportioned and collected in the manner prescribed 
by the general laws of the Commonwealth : provided, how- 
ever, that the city council may establish further or additional 
provisions for the collection thereof. The compensation of 
the assessors shall be fixed by concurrent vote of the city 
council. 



Assessors of 
taxes to be 
elected by con' 
current vote. 



Vacancies. 



1871.— Chapter 358. 711 

Section 22. The qualified voters of each ward, at their ^^^0*^^"* '*^" 
respective annual ward meetings for the choice of officers, 
shall elect by ballot one person in each ward, who shall be a 
resident of said ward, to be an assistant assessor, whose com- 
pensation shall be fixed by the city council ; and it shall be 
the duty of the persons so chosen to furnish the assessors 
with all necessary information relative to persons and prop- 
erty taxable in their respective wards ; and they shall be 
sworn to the faithful performance of their duty. 

Section 23. The qualified voters of the city shall, on the school commit- 
first Monday of December, in the year eighteen hundred and '"^' 
seventy-one, elect by ballot twelve persons to be members of 
the school committee, four to be chosen for three years, four 
for two years, and four for one year, from the first Monday 
of January, in the year eighteen hundred and seventy-two; 
and thereafter four persons shall be chosen, at each annual 
meeting, for the term of three years from the first Monday 
of January next ensuing ; and the persons so chosen shall, 
with the mayor, constitute the school committee, and have 
the care and superintendence of the public schools. The 
mayor shall be ex officio chairman of the board. And all the Mayor to be 
rights and obligations of the town of Gloucester, in relation boarX 
to the grant and appropriation of money to the support of 
the schools, and the special powers and authority hereto- 
fore conferred by law upon the inhabitants of said town, to 
raise money for the support of schools therein, shall be 
merged in the powers and obligations of the city, to be exer- 
cised in the same manner as over other subjects of taxation ; 
and all grants and appropriations of money for the support 
of schools and the erection and repair of school-houses in said 
city shall be made by the city council, in the same manner 
as grants and appropriations are made fur other city pur- 
poses. 

Section 24. Should there fail to be a choice of members vacancies in 

£. . 1 ,1 ., , . . , J.1 J !• school commit- 

01 the school committee or assistant assessors on the day ot tee and assist- 
the annual election, the vacancies occurring by such failure howMiied."'*' 
shall be filled, in the case of school committee, by a joint bal- 
lot of the city council and school committee, and in the case 
of assistant assessor by a concurrent vote of the city council ; 
and vacancies thereafter occurring shall be filled in like man- 
ner. 

Section 25. The city council shall have exclusive au- city council to 
thority and power to lay out any new street or town way, or ti'xgrades^an^d' 
sidewalks, and fix the width, height and grade of the same, ^gj™**^ ''""'■ 
and to estimate the damages any individual may sustain 
thereby ; but the same shall first be acted upon by the mayor 



712 



1871.— Chapter 358. 



City council 
may make by- 
laws for inspec- 
tion of lumber, 
coal, &c. 



— may make 
such by-laws as 
towns have 
power to make. 



Proviso. 



Election of 
national, state, 
county and dis- 
trict officers. 



Lists of voters 
to be made out 
ten days prior 
to elections and 
delivered to 
ward clerks. 



— to be posted 
in each ward. 



and aldermen, and any person dissatisfied with the decision 
of the city council in the estimate of damages, may make 
complaint to the county commissioners of the county of Es- 
sex, at any meeting held within one year after such decision, 
whereupon the same proceedings shall be had as are now 
provided by the laws of this Commonwealth, in cases where 
persons are aggrieved by the assessment of damages by se- 
lectmen, in the forty-third chapter of the General ^Statutes. 

Section 26. The city council may make by-laws with 
suitable penalties, for the inspection and survey, measure- 
ment and sale of lumber, wood, hay, coal and bark, brought 
into or exposed in the city for sale, and shall have the same 
powers as the town had in reference to the suspension of the 
laws for the protection and preservation of useful birds, and 
of all other laws, the operation or suspension of which is 
subject to the action of the town thereon. The city council 
may also make all such salutary and needful by-laws as 
towns by the laws of this Commonwealth have power to 
make and establish, and to annex penalties not exceeding 
twenty dollars for the breach thereof, wliich by-laws shall 
take effect and be in force from and after the time therein 
respectively limited, without the sanction of any court, but 
subject to the approval of the mayor : provided, however, 
that all laws and regulations in force in the town of Glouces- 
ter shall, until they shall expire by their own limitation, or 
be revised or repealed by the city council, remain in force ; 
and all .fines and forfeitures for the breach of any by-law or 
ordinance shall be paid into the city treasury. 

Section 27. All elections of national, state, county and 
district officers, who are voted for by the people, shall be 
held at meetings of the citizens qualified to vote at such 
elections in their respective wards, at the time fixed by law 
for these elections respectively. 

Section 28. Ten days prior to every election, the mayor 
and aldermen shall make out lists of all the citizens of each 
ward qualified to vote in such elections, in the manner in 
which selectmen of towns are required to make out lists of 
voters ; and for that purpose they shall have full access to 
the assessors' books and lists, and are empowered to call for 
the assistance of the assessors, assistant assessors and other 
city officers ; and they shall deliver the lists so prepared and 
corrected to the clerks of the several wards, to be used at 
such elections ; and no person shall be entitled to vote whose 
name is not borne on such list. A list of the voters in each 
ward shall be posted in one or more public places in each 
ward. 



1871.— Chapter 358. 713 

Section 29. General meetings of the citizens qualified to General meet- 
vote may from time to time be held to consult upon .ti^g "'s^^f citizens, 
public good, to instruct their representatives and to take all 
lawful means to obtain redress for any grievances, according 
to the right secured to the people by the constitution of this 
Commonwealth, and such meetings may and shall be duly 
warned by the mayor and aldermen, upon the request in 
writing, setting forth tlie purposes thereof, of fifty qualified 
voters. 

Section 30. All power and authority now vested by law Powers of 
in the board of health of the town of Gloucester, or in the t^°beVfsted1n' 
selectmen thereof, shall be transferred to and vested in the "^^ councu. 
city council, to be by them exercised in such manner as they 
may deem expedient. 

Section 31. All power and authority now vested in the powers of se- 
selectmen of said town in relation to the fire department in uoiTto Vre "de^ 
said town, shall be transferred to and vested in the mayor partment to be 

jij ii,i •. 'iiiii "^ transferred to 

and aldermen ; but the city council shall have power to mayor andai- 
establish fire limits witliin said city, and from time to time '^'^™'"*- 
change and enlarge the same ; and by ordinance they shall e^tawlsirfire 
regulate the construction of all buildings erected within said limits, and reg- 
fire limits, stipulating their location, size and the materials "iou'ofTuiid-*'' 
of which they shall be constructed, together with sucli other *°^^' 
rules and regulations as shall tend to insure the same from 
damage by fire. 

Section 32. All acts and parts of acts inconsistent with Repeal. 
this act are hereby repealed : provided, hoivever, that the 
repeal of the said acts shall not affect any act done, or any 
right accruing or accrued or established, or any suit or pro- 
ceeding had or commenced in any civil case before the time 
when such repeal shall take effect ; and that no offence com- 
mitted, and no penalty or forfeiture incurred under any act 
hereby repealed, and before the time when such repeal shall 
take effect, shall be affected by the repeal ; and that no suit 
or prosecution pending at the time of the said repeal, for any 
offence committed or for the recovery of any penalty or for- 
feiture incurred under said acts, shall be affected by such 
repeal ; and provided, also, that all persons who, at tiie time proviso. 
of the said repeal taking effect, shall hold any office under 
the said acts, shall continue to hold the same until the 
organization of the city government, contemplated by this 
charter, shall be completely efTected. 

Section 33. For the purpose of organizing the system First meeting 
of government hereby established, and putting the same in Sty^'ifficlM.*^*^ 
operation in the first instance, the selectmen of the town of 
Gloucester, for the time being, shall issue their warrants 



714 1871.— Chapter 358. 

seven days at least previous to the first Monday of December 
of the present year, caUing meetings of the citizens of each 
ward on that day, at such place and hour as they may deem 
expedient, for the purpose of choosing a warden, clerk and 
inspectors of each ward, and all other officers whose election 
is provided for in the preceding sections of this act ; and the 
transcripts of the records in each ward specifying the votes 
given for the several officers aforesaid, certified by the warden 
and clerk of the ward at said first meeting, shall be returned 
to said selectmen, whose duty it shall be to examine and 
compare the same ; and in case such elections should not be 
completed at the first meeting, then to issue new warrants 
until such elections shall be completed, and to give notice 
thereof in manner before provided, to the several persons 
elected. And at said first meeting a list of voters in each 
ward, prepared and corrected by the selectmen for the time 
being, shall be delivered to the clerk of each ward, when 
elected, to be used as herein before provided. After the 
choice of the city officers as aforesaid, or a majority of both 
boards, the selectmen shall appoint a place for their first 
meeting, and shall, by written notice left at the place of 
residence of each member, notify them thereof. And after 
this first election of city officers, and this first meeting for 
the organization of the city council, according to the provi- 
sions of section nine of this act, as provided for in this sec- 
tion, the day of holding the annual elections, and the day 
and hour for the meeting of the city council for the purpose 
of organization, shall remain as provided in said ninth sec- 
tion of this act. It shall be the duty of the city council, 
immediately after the first organization, to carry into effect 
the several provisions of this act. 
Act void unless SECTION 84. This act shall be void, unless the inhabitants 
m^onty vote of the towu of Gloucestcr, at a legal town meeting called 
days!" ^^^^'^ for that purpose, shall within ninety days from the passage 
of this act, by a vote of a majority of the voters present, 
voting thereon as hereinafter jirovided, determine to adopt 
the same. At said meeting the votes shall be taken by writ- 
ten or printed ballots, and the polls shall be kept open not 
less than six hours. The selectmen shall preside in said 
meeting, and in receiving said ballots shall use the check- 
• lists in the same manner as they are used in elections of 

state officers. 

Section -35. This act shall go into operation from and 
after its passage. Approved May 26, 1871. 



1871.— Chapter 359. 715 

Ax Act to authorize the county commissioners of dukes nhnn S59 

COUNTY TO BUILD A BRIDGE OVER MENAMSHA CREEK. -* * 

Be it enacted^ yVc, as follows : 

Section 1. The county commissioners of Dukes County county com- 
are hereby authorized and empowered, if in their judgment instruct" ™*^ 
the public necessity and convenience so require, to lay out, bniigeover 
at such place as they may determine, a public way and con- creek. * 
struct a bridge across Menamsha Creek, in the towns of 
Gay Head and Chilmark, as part of the road authorized by 
the fifth section of chapter two hundred and thirteen of the 
acts of the year eighteen hundred and seventy. 

Section 2. Plans of the proposed bridge, with specifica- Plans of bridge 
tions of the mode in which the work is to be performed, to liarbor'^om-*^ 
shall be submitted to the determination and approval of the ^'^ro^^a^* ^'"' 
board of harbor commissioners, as is provided in the act 
establishing said board, passed in the year eighteen hundred 
and sixty-six. 

Section 3. Said county commissioners, in laying out and Tobeiaid out 

J 11-1 1 11 • i7 and constructed 

constructing said public way and bridge, shall m all respects as iu case of 
proceed as is now provided by law for laying out and con- ^° ^^^^' 
structing highways ; and shall, after due public notice and 
hearing of all parties in interest, proceed to determine and 
award what towns in said county receive particular and 
special benefit from the construction and maintenance of 
said way and bridge, and to apportion and assess upon said 
county and such towns, and in such manner and amount 
as they shall deem equitable and just, the cost of mainte- 
nance of such public way and bridge ; and said bridge shall ^/jP,"'/ °^ 
be kept in repair under the direction of the said county 
commissioners. 

Section 4. The said county commissioners are author- Commissioners 
ized to borrow, on the credit of said county, such sums of SoneyTn^e 
money as may be needed for the construction of said bridge credit of county. 
and of the road named in the fifth section of chapter two 
hundred and thirteen of the acts of the year eighteen hun- 
dred and seventy : provided, the whole sum expended shall Proviso, 
not exceed the amount provided for in the said fifth sec- 
tion. 

Section 5. This act shall be void unless said county Bridge to be 
commissioners shall lay out such way and build such bridge twoylarsT 
within two years from its passage. 

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

Approved May 26, 1871. 
37 



716 



1871.— Chapters 360, 361. 



Annual salary 
of $1,100. 



Chap. 360 -^^ ■^C'T '^O ESTABLISH THE SALARY OF THE ASSISTANT-REGISTER OF 
PROBATE FOR THE COUNTY OF NORFOLK. 

Be it enacted, §"c., as follows: 

Section 1. The assistant-register of probate and insol- 
vency for the county of Norfolk shall receive an annual 
salary of eleven hundred dollars, payable from the first day 
of January of the present year. 

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

Approved May 26, 1871. 



Chaj). 361 



City of Worces- 
ter to be sup- 
plied with pure 
water. 



To take land 
and file descrip- 
tion thereof in 
registry of 
deeds within 
sixty days. 



City liable for 
damages. 



An Act in addition to an act for supplying the city of Wor- 
cester WITH PURE WATER. 
Be it enacted, Sfc, as follows: 

Section 1. The city of Worcester may take and hold any 
land not exceeding ten rods in width, on and around any 
pond, stream or reservoir, which has been or shall be taken, 
held or owned by said city by authority of any of the acts for 
supplying said city with pure water, so far as may be neces- 
sary for the preservation and purity of the same. 

Section 2. The said city shall, within sixty days from the 
time its city council shall vote to take any lands or ponds or 
streams of water, by authority of this or any former act, file 
in the office of the registry of deeds for the county of Wor- 
cester, a description of the lands, ponds or streams of water 
so taken as certain as is required in a common conveyance of 
lands, and a statement of the purpose for which the same 
are taken, which description and statement shall be signed 
by the mayor of said city, and the property so taken shall 
vest in said city from the time of the filing of said description 
and statement. 

Section 3. The city of Worcester shall be liable to pay 
all damages that sliall be sustained by any persons in their 
property by the taking of any land, water or water-riglits as 
aforesaid, or by the constructing of any aqueducts, reser- 
voirs or other works by authority of any of said acts ; and if 
the owner of any land, water or water-rights which shall be 
taken as aforesaid, or other person wlio shall sustain damage 
as aforesaid, shall not agree with said city upon the damages 
to be paid therefor, he may apply by petition for the assess- 
ment of his damages at any time within three years from 
the taking of the said land, water or water-rights as afore- 
said, and not afterwards, to the superior court in the 
county of Worcester. Such petition may be filed in the 
clerk's office in vacation or term time, and the clerk shall 
thereupon issue a summons to the city of Worcester, return- 
able, if issued in vacation, to the then next term of said 



1871.— Chapter 361. 717 

court, to be held after the expiration of fourteen days from 
the filing of said petition, and if in term time, returnable on 
such day as the court shall order, to appear and answer said 
petition ; the said summons shall be served fourteen days at 
least before the return day thereof by leaving a copy thereof, 
and of the said petition, certified by the officer who shall 
serve the same, with the mayor or clerk of said city ; and the 
court may, upon default or hearing of the said city, appoint 
three commissioners, who shall, after reasonable notice to Commissioners 
the parties, assess the damages, if any, which such petitioner {„ asseFs^'d'aml^ 
shall have sustained as aforesaid ; and the award of said s^s. 
commissioners, or of the major part of them, being returned 
into and accepted by the said court, shall be final, and judg- 
ment shall be rendered and execution issued for the prevail- 
ing party, with costs, unless one of said parties shall claim a 
trial by jury, as hereinafter provided. 

Section 4. If either of the parties mentioned in the pre- if dissatisfied 
ceding section shall be dissatisfied with the amount of dam- parties may 
ages awarded as therein expressed, such party may at the jlfry! ** ^^'^^ '^^ 
term at which such award was accepted or the next term 
thereafter, claim in writing a trial in said court, and have a 
jury to hear and determine at the bar of said court all ques- 
tions of fact relating to such damages and to assess the 
amount thereof, and the verdict of the jury, being accepted 
and recorded by the court, shall be final and conclusive, and 
judgment shall be rendered and execution issued thereon ; 
and costs shall be recovered by the said parties, respectively, 
in the same manner as is provided by law in other civil ac- 
tions in said court. 

Section 5. In every case of a petition for the assessment city may con- 
of damages, as provided in the preceding sections, the said tiTata^spedfled 
city may at any time after the entry thereof, offer in court aw^rdldas 
and consent in writing that a sum therein specified may be damages, 
awarded as damages to the petitioners ; and if the petitioner 
shall not accept the same within ten days after he has re- 
ceived notice of such offer or within such further time as the 
court shall for good cause grant, and shall not finally recov- 
er a greater sum than the sum so offered, not including in- 
terest on the sum recovered in damages from the date of the 
offer, the said city shall be entitled to recover its costs after costs. 
said date, and the petitioner, if he recover damages, shall be 
allowed his costs only to the date of the offer. 

Section 6. If any person shall use any of the water which renaities for 
shall be taken as aforesaid, without the consent of the city of orrendering'the 
Worcester, an action of tort may be maintained against him "^™*' ii^puis- 
by the city for the recovery of damages therefor ; and if any 



718 1871.--CHAPTER 362. 

person shall wantonly or maliciously divert, obstruct or re- 
tain the water, or any part thereof of any pond, brook, reser- 
voir, or water-course, taken or held by said city as afore- 
said, or shall corrupt or render impure the same, or destroy 
or injure any dam, reservoir, aqueduct, conduit, pipe, hy- 
drant, machinery or other works or property, held, owned or 
used by said city, by authority of any of said acts, every such 
person shall forfeit and pay to said city of Worcester three 
times the amount of the damages that shall be assessed there- 
for in an action of tort in the name of said city ; and every 
such person, on indictment and conviction of either of said 
wanton and malicious acts, shall be punished by a fine not 
exceeding one thousand dollars and imprisonment in the 
house of correction not exceeding one year, or by imprison- 
ment in the state prison not exceeding ten years. 
City not to take SECTION 7. Nothing in this act shall be construed to au- 

TViitd' not now • 

authorized by thorizc sald city to take any pond or stream of water, or any 
water-rights, wliich said city is not now authorized by law to 
take. 

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

Approved May 26, 1871. 



law 



Chap. 362 



An Act to incorporate the holyoke and Northampton boom 

AND lumber company. 

Be it enacted, Sfc , as follou'S : 

Corporators. SECTION 1. Edwin Chacc, Johu C. NcwtoH, Stephen Bark- 

er, their associates and successors, are hereby constituted a 
body corporate for the term of twenty years, by the name of 
the Holyoke and Northampton Boom and Lumber Company ; 
and by that name may sue and be sued, have a common seal, 
make by-laws not inconsistent with the laws of this state for 
the management of its corporate business, and have and 
Powers and cnjoy all the rights, privileges and powers of similar corpo- 
rations. 
Capital stock SECTION 2. The Capital stock of said corporation shall not 
be less than one hundred thousand dollars, and not more 
than two hundred thousand dollars, divided into shares of 
one hundred dollars each ; and said corporation may, under 
such regulations as may from time to time bo established by 
the selectmen of the towns of Northampton, Hadlcy and Hat- 
Boom across field, crcct and maintain a boom, with sufficient piers and 
River in East- fastciiings, across tlic Coiiiiecticut River, in the towns of 
a^ey'.'^ '^^^ Easthampton and Hadley, for the purpose of stopping and 
securing logs, masts, spars, wood and other lumber, and 
turning the same into the Oxbow, so called : provided, that 
said boom shall be constructed so as not to prevent the pas- 



1871.— CHArxER 362. 719 

sage of boats and lumber of other parties who may wish to 
pass the same through said boom ; and said corporation shall 
at its own expense remove all obstructions to the free pas- 
sage of said boats and lumber. It may also construct and fifo°'?'a?Hoiy- 
maintain a boom from the shore at Holyoke, to an island in oke to an island 
the Connecticut River a short distance above the Holyoke 
dam ; but nothing contained in this act shall give to said cor- 
poration any right to use the shores of said river without the 
consent of the owner or owners thereof, and if any person 
shall suffer damage by means of building or hanging said 
boom or booms, such person may have the same remedy for 
such damage as if this act had never passed. 

Section 3. The said corporation shall boom logs and May boom logs 

- i^ ° for others and 

lumber of other parties, who may request the same to be receive tou 
done, and shall be allowed for all logs and lumber boomed 
and secured a toll or boomage of not more than fifty cents 
per thousand feet, board measure ; and the corporation shall 
have a lien on all logs and lumber thus boomed and secured 
for the payment of such toll or boomage. 

Section 4. If ^ny logs or lumber shall remain in said ^ow^^ply'^^ 
boom for more than four months, and the owners thereof, or charges, if they 

.' ,. , '. remain in the 

no person in their behali shall appear to claim the same and boommorethan 
take delivery thereof, and to pay the toll or boomage thereon, '^^'■'"''" 
the said corporation shall advertise the same to be sold at 
public auction, giving two months' notice of the time and 
place of sale, and a description of the marks upon said logs 
or lumber, and the number thereof, and shall cause said 
notice to be published three weeks successively in the 
" Springfield Republican " and the newspapers published in 
the town of Northampton ; and said logs or lumber shall be 
sold accordingly, if the owners or no person in their behalf 
shall, before the time of sale, appear as aforesaid to claim the 
same and pay the toll or boomage and all expenses incurred 
under the provisions of this act regarding the same ; and the 
said corporation, after deducting the toll or boomage and all 
necessary charges thereon, shall pay the net proceeds of such 
sale into the treasury of the county of Hampshire, and shall 
deposit with the treasurer a statement of the quantity of each 
mark, and the amount for which the quantity of each mark 
sold, and if within one year of the time of sale an owner ap- 
pears and proves his property in any logs or lumber so sold, 
the net proceeds of the sale thereof shall be paid to such 
owner by the treasurer of said county, and the balance shall 
remain for the use of the county of Hampshire. 

Section 5. Said corporation shall also have the right to Maymanufac- 
purchase, manufacture and sell logs and lumber, and to pur- 1^^''*' '"'"ber, 



720 1871.— Chapters 363, 364, 365. 

chase and hold timber lands, and to erect and operate mills 
and appurtenances thereto. 

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

Approved May 26, 1871. 

Chcip. 363 -^^ ^^''^ "^O RKGULATE FREIGHT CHARGES ON RAILROADS. 

Be it enacted, §'c., as follotvs: 

^^chafgl more SECTION 1. No railroad corporation shall charge or re- 
fer freight to ceive for the transportation of freight to any station on its 
road! thaifto'a road, a greater sum than is at the time charged or received 
greater ^dis- for the transportation of the like class and quantity of freight 
tanceinthe from the Same original point of departure to a station at a 

eame direction. ". -\ • ^ 

greater distance on its road in the same direction. 
Two or more SECTION 2. Two or morc railroad corporations whose 

connecting rail- in • o i 

roads not to roads coniicct, shall not charge or receive for the transporta- 
for^ffei^ht'than tioii of freight to any station on the road of either of them, 
gre*ate?"dfs. ^ greater sum than is at the time charged or received for the 
tancein same transportation of the like class and quantity of freight from 

direction, . ^ ..,.„-, '■ •' . ° 

tlie same original point of departure to a station at a greater 
distance on the road of either of them in the same direction. 
Construction of SECTION 3. In the coustructioii of this act, the sum 
charged or received for the transportation of freight shall 
include all terminal charges ; and the road of a corporation 
shall include all the road in use by such corporation, whether 
owned or operated under a contract or lease. 

Approved May 26, 1871. 

Chap, 364 ^^ -^^^ ^^ extend the time for the location and construc- 

-^* TION OF the WINTHROP RAILROAD. 

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

Time for loca- SECTION 1. That the time for the location and construc- 

struction ex- tiou of the Wiuthrop Railroad Company, and for filing the 

tended. certificate required by the sixth section of the two hundred 

and twenty-ninth chapter of the acts of eighteen hundred 

and sixty-four, is hereby extended to the first day of June, 

eighteen hundred and seventy-three. 

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

Approved May 26, 1871. 

Chnn *^85 "^'^ ^^^ ^^ AMEND AN ACT RELATING TO THE STATE VISITING 
i AGENCY AND JUVENILE OFFENDERS. 

Be it enacted, §t., as follows: 
Amendment to Scctiou scven of chapter three hundred and fifty-nine of 
i8?o,359, §7. ^i^g j^gj^g ^^ ^Ijg ypgj, eighteen hundred and seventy, is hereby 

amended by striking out the word " sixteen " where it ap- 
pears, and substituting the word " seventeen " ; and by add- 
ing the words " police, district and municipal courts and trial 



1871.— Chapters 366, 367. 721 

justices may issue warrants against persons under seventeen 
years of age. charged with such offences, committed in any 
county other than Suffolk County." Warrants so issued shall }^*"|^?*i '■^- 
be returnable before the judge of the probate court for the judge for county 
county in which the offence is alleged to have been commit- 1" committed!*'* 
ted, and the officer making the arrest shall take the person 
so arrested, with the warrant and complaint, before such 
judge of the probate court, who shall have jurisdiction there- 
of in like manner as if the complaint had been made before 
him 

Section ten of said chapter is hereby amended by inserting Amendment to 
after the words " state primary school," in the fifth line, the ^^^' 
words, " or if the child prove unmanageable to transfer and 
commit to the state reform, nautical or industrial school, 
subject to such conditions of sex and age as are now defined 
by law for admission to said schools." 

• Approved May 26, 1871. 



Chap. 366 



An Act to amend section seventeen of chapter one hundred 

AND FORTY-FIVK OF THE GENERAL STATUTES, CONCERNING IN- 
FORMATIONS IN THE NATURE OF QUO WARRANTO. 

Be it enacted, Si'c, as follows : 

Section 1. Section seventeen of chapter one hundred ^"l^'Vl^^c"!/** 
and forty-five of the General Statutes, is hereby amended by ' ' ' 
adding thereto the words, " or before any justice of the court 
in vacation." 

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

Approved May 26, 1871. 
An Act to cede to the united states jurisdiction over cer- nj^nv) Sfi7 

TAIN LANDS AND FLATS IN FALMOUTH. -^ ' 

Be it enacted, §'c., as follows: 

Section 1. Jurisdiction is hereby granted and ceded to Jurisdiction 
the United States over a certain parcel of land and shore, unued^states 
with the buildings thereon, lying in the town of Falmouth, ^atooTth! ^ 
at a place called Wood's Hole, and bounded as follows : 
beginning on the east side of a public road at the south- 
westerly angle of a parcel of land belonging to the United 
States; thence running due west across said road, thirty-five 
feet ; thence running due north on westerly side of said road, 
sixteen feet ; thence running north eighty-two degrees west, 
seventy-six feet ; thence running south thirty-eight degrees 
west, one hundred and eleven feet ; thence running south 
sixty-five degrees west, two hundred and eight feet ; thence 
running south fifteen degrees east, to low-water mark ; 
thence along low- water mark to the stone wharf; thence 
around the exterior line of said stone wharf to land of the 
United States ; thence running north forty-two degrees west 



722 1871.— Chapters 368, 369. 

by land of the United States, one hundred and forty feet, to 
the point of beginning. Said premises being needed for the 
use of the light- house establishment of the United States for 
warehouse purposes, 
u. s. may occu- SECTION 2. The United States government is hereby 

py and till flats ,.t ir-n in ii'^i 

under direction authorized to occupy and fill such fiats belonging to the 

miss^oners!°°^ Commonwealth, and to place in or over tide-water such 

structures as may be necessary for the purposes for which 

the land before described is to be used, and upon such terms 

and conditions as shall be prescribed by the board of harbor 

commissioners. 

P^»°tobede- SECTION 3. This act shall be void uuless a suitable plan 

secretarjj's of- of thc prcmiscs, Or such portiou or portions thereof as may 

y^r^^ ^ °"^ be purchased by the United States, be deposited in the office 

of the secretary of this Commonwealth within one year from 

the passage of this act. 

statej-etaina SECTION 4. The Commonwealth "ehall retain concurrent 

jurisdiction for jurisdiction with the United States in and over the premises 

execution of « • ^ n ii ^ n • -i i • • i 

civil and crim- aioresaid, SO tar as that all civil and criminal processes issu- 
inai processes, jj^g under the authority of this Commonwealth may be exe- 
cuted on said premises and in any buildings erected or to be 
erected thereon, in the same way and manner as if jurisdic- 
tion had not been granted as aforesaid ; and exclusive juris- 
diction shall revert to and revest in the Commonwealth, 
whenever the said premises shall cease to be used for the 
purposes herein before declared. 

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

Approved May 26, 1871. 
Chap. 368 -^^ ^^'^ '^^ establish the salaries of certain extra clerks 

IN THE adjutant-general's DEPARTIMENT. 

Be it enacted, Sj'c, as follows : 
tffioo. °^ Section 1. The two extra clerks at present employed in 

the adjutant-general's department shall each receive an 
annual salary of fifteen hundred dollars, to be computed 
from the commencement of the present year : provided, that 
they shall not receive any compensation from the Common- 
wealth for extra services. 

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

Approved May 26, 1871. 

Chap, 369 -A^n Act to legalize the marriage of elliot w. ford, and for 

OTHER PURPOSES. 

Be it enacted, §'c., as follows : 
^i^niageie^ai. SECTION 1. Elllot W. Ford of Abington, and Annice M. 
Ford, whose maiden name was Annice M. Noyes, and who is 
reputed his wife, are hereby declared to be husband and 
wife. 



1871.— Chapters 370, 371. 723 

Section 2. The bonds of matrimony heretofore existing Bonds of matri- 
between said Elliot W. Ford and Mary M. Ford, are hereby """"^ ^^"''^^ " 
dissolved. 

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

Approved May 26, 1871. 



Chap. 370 



An Act concerning minor children supported by cities and 

TOWNS. 

Be it enacted, ^c, as follows : 

Section 1. The overseers of the poor of each city and Returns to be 

*■ , niuQG by ovGr- 

town of this Commonwealth shall make semi-annual returns seers, to visit- 
to the visiting agent of the board of state charities, concern- bolrfof'st^ate 
ing all minor children above the age of four years who are cenijn^^minor 
supported at the expense of such city or town, in an alms- ciiiicireli of over 
house or elsewhere, on the first day of January and July, ported by town. 
Said returns shall be made in such form and shall contain 
such information respecting said minor children as may be 
prescribed by the board of state charities, and shall be for- 
warded to said agent on or before the tenth day of each 
month before mentioned. 

Section 2. The pi'ovisions of sections two, three and four provisions of 
of chapter three hundred and fifty-nine of the acts of the year l'^t?.'appiy\o'^' 
eighteen hundred and seventy, or other acts in addition aii minors sup- 
thereto, in respect to children maintained wholly or in part expense. °^ 
by the state, and to the indenture of children from the state 
institutions, shall hereafter apply also to all minor children 
supported at the expense of any city or town : provided, that Proviso, 
no such child shall be removed from any city or town with- 
out the consent of the overseers of the poor thereof. 

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

Approved May 26, 1871. 



Chap. 371 



An Act concerning express companies not incorporated or or- 
ganized IN THIS state. 
Be it enacted, Sfc, as follows. • 

Section 1. Every corporation not organized in this Com- Foreign ex- 
monwealth, and every association of persons not being inhab- tion*sto°ap°foTnt 
itants thereof, but doing express business therein, shall, in a firident'lfti- ' 
writing, appoint a citizen thereof, resident therein, a sreneral zen of the state, 

. ^ '^ '^ I iiiri • 1 on wliom proc- 

agent, upon whom all lawiul processes against the corpora- esses may be 
tion or the associated persons may be served with like effect ^^'^''^^' 
as if served on said corporation or associated persons or any 
one of them ; and said writing or power of attorney shall 
stipulate and agree on the part of the corporation or asso- 
ciated persons making the same, that any lawful process 
against said corporation or associated persons which is served 
on said general agent shall be of the same legal force and 

38 



724 . 1871.— Chapter 372. 

validity as if served on said corporation or associated persons 
or any one of them. The writing or power of attorney shall 
be filed in the office of the secretary of the Commonwealth, 
and copies certified by him shall be taken as sufficient evi- 
dence and proof thereof. This agency shall be continued so 
long as such express business is done in this state, and the 
power shall not be revoked until the same power is given to 
another filed as aforesaid. Service upon said agent shall be 
deemed sufficient service upon the principal. 
General agent SECTION 2. The general agent shall give bond to the 
thffufe will ac- treasurer of the Commonwealth, with one or more sureties 
cept service. ^^ |-^g appi'ovcd by him, in the sum of two thousand dollars, 
with condition that he will accept service of all lawful proc- 
ess against the corporation or associated persons in the man- 
ner provided in this act. 
No person to SECTION 3. No pcrsou shall hereafter act as agent of any 
agent more'^'^ cxprcss coiupauy uot incorporated in this Commonwealth, or 
untess^pro^i- of any associatlou of persons not inhabitants thereof, doing 
iied ^^t'h'^°°' express business in this state, for more than thirty days, un- 
der penalty, less the provisions of this act have been complied with ; and 
every person so acting without sucli compliance shall forfeit 
a sum not exceeding five hundred dollars for each offence. 
Section 4. This act shall take effect upon its passage. 

Approved May 26, 1871. 

Ohnn ^79 ^^ ^^^ ^^ ADDITION TO CERTAIN ACTS FOR THE IMPROVEMENT OF 
\yfiap. O IZ THE HARBOR OF BOSTON AND THE COMMONWEALTH'S FLATS THERE- 
IN. 

Be it enacted, §'c., as follows: 

Mortgage to be SECTION 1. The treasurer and receiver-general of the 
the^trelsurer of Commonwcalth is hereby authorized and directed to proceed 
^IjjCommon- forthwith in behalf of the Commonwealth, to foreclose the 
mortgage to the Commonwealth given by the Boston, Hart- 
ford and Erie Railroad Company and Messrs. Harvey, Whit- 
ney and Groves, trustees, dated July twenty-first, eighteen 
hundred and sixty-nine, and recorded with Suffolk County 
deeds, liber nine hundred and seventy, folio nineteen, and 
to enter upon and sell the premises in said mortgage de- 
scribed, under and in pursuance of the power and authority 
in said mortgage contained, and to execute under seal in the 
name of the Commonwealth all necessary deeds, certificates 
and other instruments for such purpose ; and he is further 
authorized to purchase for and in behalf of the Common- 
wealth at any sale thereof, the property described in said 
mortgage and apply the purchase money arising from such 
sale to the payment of the note of said company, and other 



1871.— Chapter 373. ., 725 

debts of said company to said Commonwealth secured by 
said mortgage : provided, hoiaever, that in all such proceed- Proviso, 
ings the said treasurer and receiver-general shall be subject 
to the direction of the governor and council. 

Section 2. The board of harbor commissioners is hereby Harbor com- 

,, .J ., -jij -J missioners may 

authorized, upon such terms as said board may judge expe- waive right of 
dient, to waive any right to notice said Commonwealth may agreemen't^with 
have under the agreement with the Commonwealth of the com°an^^'^*'^ 
Boston Wharf Company, and Messrs. Pierce, Atkins and 
Morton, trustees for said company, dated July twenty first, 
in the year of our Lord eighteen hundred and sixty-nine, and 
recorded with Suffolk county deeds, liber nine hundred and 
seventy, folio twenty four : provided, however, that no such Proviso. 
waiver shall be made, except with the approval of the gover- 
nor and council. 

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

Approved May 26, 1871. 



Chap, 373 



An Act to authorize the construction of dams across south 

river, ix the town of marsiifield. 
Be it enacted, Sfc, as folloivs : 

Section 1. The proprietors of marsh land on South May erect dam 
River, .in the town of Marshfield, are hereby authorized to iiiver^in Marsh- 
erect a dam and dikes across said river, with one or more ^'^^^' 
sluice-ways and gates, for the purpose of draining said 
marshes and improving the same, subject to the provisions 
of section four of chapter one hundred and forty-nine of the 
acts of the year eigliteen hundred and sixty- six ; said dam, 
dikes and improvements to be made under the authority of 
commissioners to be appointed in the manner provided in 
the one hundred and forty-eighth chapter of the General 
Statutes, with all the powers, and subject to all the duties 
required or allowed by said chapter ; and it sliall be the duty 
of said commissioners to construct fish-ways in said dam, Fishways in 
if required, and in the manner required by the commission- ^^^' 
ers of fisheries of the Commonwealth. 

Section 2. For the purpose of cultivating and improving May manage 
said marsh, maintaining said dam, and repairing the gates, pHeVorrof'^gen- 
sluice-ways and other improvements, and the removal of any ^'^^^ fi®^"**- 
obstructions in tlie channels of said marsh, which may here- 
after accumulate, and for conducting the fisheries at and 
about said dam, which may have been introduced by them, 
the said proprietors may manage their affairs as proprietors 
of general fields ; and as such shall have all the powers, and Powers and 
be subject to all the duties and liabilities conferred and im- 
posed on the proprietors of general fields by the sixty-seventh 



726 



1871.— Chapter 374. 



Chap. 374 



Liquor commis- 
sioner may sell 
spirituous' 
liquors in Bos- 
ton. 



Liquors to be 
analyzed. 



Penalty for 
adulteration or 
selling adultera- 
ted liquors. 



Profits from 
sales to be paid 
into the treas- 
ury. 



Amendment to 
1869, 415, § 2. 



chapter of the General Statutes, and may include in their 
acts the introduction and propagation of herrings, alewives 
and other fishes. 

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

Approved May 26, 1871. 

Ax Act in further addition to " an act concerning the manu- 
facture AND SALE OF INTOXICATING LIQUORS." 
Be it enacted, §'c., as follows : 

Section 1. The commissioner appointed under section 
one of chapter four hundred and fifteen of the acts of the 
year one thousand eight hundred and sixty-nine, is hereby 
authorized, within the city of Boston, to sell spirituous or 
intoxicating liquors to be used in the arts, or for medicinal, 
chemical, and mechanical purposes ; and he shall keep a 
book and enter therein every such sale made by him in like 
manner, and open to the same inspection as is now provided 
by law respecting city and town agents. 

Section 2. All liquors kept for sale by said commissioner 
under this act, shall be analyzed and certified as provided in 
section three of chapter four hundred and fifteen of the acts 
of the year one thousand eight hundred and sixty-nine, and 
such sales shall be made by him at his established place of 
business in like manner as sales made by city and town 
agents ; and if he adulterates or causes to be adulterated, 
such liquors, or sells the same at a greater advance on their 
cost than allowed to city and town agents, he shall be subject 
to the same forfeiture and imprisonment, provided in section 
six of said chapter. And if any person employed by him 
violates any of the provisions of this section, such person 
shall be liable to the same term of imprisonment. And if 
he or any person in his employ or on his premises, sells any 
adulterated spirituous or intoxicating liquor, they shall be 
liable to the penalties provided in section thirty-three of said 
chapter for being a common seller. 

Section 3. All profits accruing from such sales shall be 
paid into the treasury of the Commonwealth as provided re- 
specting sales made by said commissioner to city and town 
agents. And all sucli sales shall be included in said com- 
missioner's annual report to the secretary of the Common- 
wealth. 

Section 4. Section two of said chapter four hundred and 
fifteen of the acts of tlie year one thousand eight hundred and 
sixty-nine is hereby amended by inserting after " act," the 
words " and acts in addition hereto." 

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

Approved May 26, 1871. 



1871.— Chapters 375, 376, 377. 727 

An Act in addition to an act to apportion and assess a state Qlff^j 375 

TAX OF TWO million FIVE HUNDRED THOUSAND DOLLARS. -' * 

Be it eimclecl, ^'c, as follows : 

Section 1. The act passed at the present session of the state tax for 
legislature to apportion and assess a state tax of two mil- $2^75. ° 
lion five hundred thousand dollars, is hereby so amended 
that the tax apportioned and assessed for the town of Upton 
shall be two thousand one hundred and seventy-five dollars. 

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

Approved May 26, 1871. 



An Act to establish the salaries of the justice and clerk of 
the municipal court for the southern district of boston. 



Chap. 376 

Be it enacted, tS'c, as follows : 

The annual salary of the justice of the municipal court salaries fixed 
for the southern district of Boston shall be twenty-five hun- c^e,^"''^'' '*°'* 
dred dollars, and the annual salary of the clerk of said 
court shall be fifteen hundred dollars; such salaries com- 
mencing on the first day of January last. 

Approved May 26, 1871. 

An Act to incorporate. the ashburnham water company. Chan 377 

Be it enacted, ^'c, as follotvs : 

Section 1. George C. Winchester, William P. Ellis, Ashburnham 
George W. Eddy, and their associates and successors, are paliy to supply 
hereby made a corporation by the name of the Ashburnham ^vull'pu"re'*°^ 
Water Company, for the purpose of supplying the inhabi- water, 
tants of the town of Ashburnliam with pure water ; and 
for this purpose shall have all the powers and privileges, and 
be subject to all the duties, restrictions and liabilities set 
forth in all general laws which now are or may hereafter be 
in force relating to such corporations. 

Section 2. Said corporation may take, hold and convey May take water 
to, into and through the town of Ashburnham the water of except that'^'" 
any spring or springs, or of any natural pond or ponds, Mme"r?s'River. 
brook or brooks, excepting the water of any spring or 
springs, pond or ponds, brook or brooks drained or draining 
into Miller's River or any branch thereof, within said town 
of Ashburnham, and said corporation may also take and 
hold, by purchase or otherwise, any real estate necessary for May take real 
laying and maintaining aqueducts, for conducting, discharg- ^^irs! ^'"'^ '^'*^'' 
ing and distributing water, and for forming reservoirs, and 
may take and hold any land in or around any such pond, 
spring or brook, so far as may he necessary for the preserva- 
tion and purity of the same. Said corporation shall, within xo nie in regis- 
sixty days from the time of taking any such land, spring wfthin^ruty 
or springs, pond or ponds, brook or brooks, file in the oflice ^'^^'^^ descrip- 



728 



1871.— Chapter 377. 



tion of land 
takeu. 



Maybuild aque- 
ducts, dams and 
reservoirs. 



May regulate 
use of water 
and establish 
prices. 



Liability for 
damages. 



Real and per- 
sonal estate. 



Capital stock 
and shares. 



Penalty for di- 
verting veater 
or maliciously 
rendering it im 
pure. 



of the registry of deeds, in the county of Worcester, a de- 
scription of tlie lands, spring or springs, pond or ponds, 
brook or brooks so taken, as certain as is required in con- 
veyance of land, and a statement of the purpose for which 
it is taken, signed by the president of the corporation. 

Section 3. Said corporation may make and build one or 
more permanent aqueducts from any of the sources before 
mentioned, into and through said town, and have and main- 
tain the same by any works suitable therefor, may erect and 
maintain dams to raise and retain the waters tlierein, may 
make and maintain reservoirs within said town, may make 
and establish public fountains and hydrants in such places 
as it may from time to time deem proper, and prescribe the 
purposes for which they may be used, and may change or 
discontinue the same, may distribute the water throughout 
the town, may regulate the use of said water and establish 
the prices or rent thereof ; and the said corporation may for 
the purposes aforesaid, convey and conduct any aqueduct or 
other works by it to be made and constructed, over or under 
any water-course, street, turnpike road, railroad, highway or 
other way, in such manner as to cause the least possible 
hindrance to the travel thereon, and may enter upon and 
dig up any such road, street, or other way, for the purpose 
of laying down pipes beneath the surface thereof, and for 
maintaining and repairing the same. 

Section 4. Said corporation shall be liable to pay all 
damages that shall be sustained by any person in their prop- 
erty by the taking of any land, water or water-rights, or by 
constructing any aqueducts, reservoirs or other works for 
the purposes specified in this act. And if any person who 
shall sustain damage as aforesaid, cannot agree with said 
corporation upon the amount of said damage, the same shall 
be ascertained, determined and recovered in the manner 
now provided by law in case of land taken for highways. 

Section 6. Said corporation may hold real and personal 
estate necessary and convenient for the purposes aforesaid, 
and its whole capital stock shall not exceed fifty thousand 
dollars, which shall be divided into shares of one Imndred 
dollars each. 

Section 6. Any person who shall divert the water, or 
any part thereof, of the sources which shall be taken by 
said corporation pursuant to the provisions of this act, or 
who shall maliciously corrupt the same, or render it impure, 
or who shall maliciously destroy or injure any dam or 
reservoir, aqueduct, pipe or hydrant, or other property held, 
owned or used by the said corporation, for the purposes of 



1871. —Chapters 378, 379. • 729 

this act, shall pay three times the amount of actual damage 
to the said corporation, to be recovered in an action of tort; 
and every such person, upon conviction of either of the acts 
aforesaid, shall be punished by fine not exceeding one hun- 
dred dollars, or imprisonment not exceeding three years. 
Section 7. This act shall take effect upon its passage. 

Approved May '26, 1871. 



Chap. 378 



An Act to amend the act incorporating the Massachusetts 

agricultural college. 
Be it enacted, ^'c, as follows: 

Section 1. Chapter two hundred and twenty of the acts Amendments to 
of the year eighteen hundred and sixty-three, entitled an act ^^^^' ^^' 
to incorporate the trustees of the Massachusetts Agricultural 
College, is hereby amended as follows, to wit : 

Strike from the first section thereof the words, " whenever 
vacancies shall occur in the board of trustees, the legislature 
shall fill the same," and substitute therefor the words, " also 
from time to time to elect new members." 

Strike the last sentence from the fifth section and substi- 
tute therefor the following : " the college shall furnish to the 
governor and council a copy of the annual report of its 
operations." 

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

Approved May 26, 1871. 

An Act CONCERNING THE SEfTLEMENT OF paupers. Ch "MQ 

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

Section 1. Chapter three hundred and twenty-eight of Amendment to 
the acts of the year eighteen hundred and sixty-eight is ' ' 
hereby amended in the first section by adding thereto the 
words, " whether such other qualifications shall have been 
acquired before or after the enactment hereof." 

Section 2. Chapter three hundred and ninety-two of the Amendment to 
acts of the year eighteen hundred and seventy is hereby ^870,392.. 
amended in the third section by adding after the words 
civil war, " or duly assigned as a part of the quota thereof, 
after having been enlisted and mustered into such service." 

Section B. Wherever a settlement acquired by marriage where settie- 
has been defeated by virtue of the provisions of the second k'*""* a<^9ui'"ed 

, PI iiT ' miirrifi^G is 

section 01 chapter three hundred and ninety-two of the acts defeated by isro, 
of the year eighteen hundred and seventy, the former settle- seiftilmenT™f "^ 
ment of the wife, if not defeated by the same provisions, no['deSd ^ 
shall be deemed to have been thereby revived. bysamepro- 

ri J m. . . 1 ■ . "^ visions. 

Section 4. This act shall take effect on the first day of 
July next. Approved May 26, 1871. 



730 



1871.— Chapters 380, 381. 



Chap. 380 

Appointment of 
executor, &c., 
not invalid by 
reason of rela- 
tionship be- 
tween parties. 



Proviso. 



Chap. 381 

street railway 
companies, 
amendment to 
charter granted 
prior to June 
11, 1864. 



Not less than 
five directors, 
one of whom to 
be president. 



Treasurer and 
cleric. 



Meetings of 
corporation. 



An Act to confirm certain proceedings in the probate courts. 
Be it enacted, Sfc, as follows : 

Section 1. No appointment of an executor, administrator, 
guardian, trustee or other officer heretofore made by a judge 
of the probate court, and no proceeding or decree heretofore 
had or made in said court, shall be deemed invalid by reason 
of relationship by blood, marriage or adoption, between the 
person so appointed, or between a party to such proceeding 
or decree and the acting judge ; and all acts done under 
such appointments, otherwise legal and valid, are hereby 
ratified and confirmed : provided, that this act shall not ap- 
ply to any case now pending in any court wherein the validity 
of such appointment, proceeding or decree is disputed on 
the ground of such relationship, or to any case wherein a 
final judgment or decree has been entered against the validity 
of such appointment, proceeding or decree. 

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

Approved May 26, 1871. 

An Act concerning street railway corporations. 
Be it enacted, Sfc, as follows : 

Section 1. Street railway companies shall have the pow- 
ers and privileges, and be subject to the duties, liabilities, 
restrictions and provisions contained in this act, which, so far 
as inconsistent with charters granted prior to the eleventh 
day of June, eighteen hundred and sixty-four, shall be 
deemed and taken to be* in alteration and amendment 
thereof. 

organization, officers. 

Section 2. The stockholders of every corporation shall 
annually choose by ballot from their own number, not less 
than five directors, who shall hold their offices one year, and 
until others are chosen in their places. The immediate 
government and direction of the affairs of the corporation 
shall be vested in the board of directors-, who shall elect one 
of their number to be president of the board and of the 
corporation, and shall elect a clerk and a treasurer of the 
corporation. The clerk shall be sworn, and the treasurer 
shall give bonds with sufficient sureties, to the corporation, 
in the sum required by the by-laws for the faithful discharge 
of his trust. 

meetings, votes, etc. 

Section 3. Meetings of the corporation shall be called 
and notified in the manner provided in the by-laws, or if the 
by-laws make no provision on the subject, in the manner 
provided in section three of chapter sixty-eight of the General 
Statutes. 



1871.— Chapter 381. 731 



Section 4. At all meetings, each member shall be enti- tilTto on 



Members enti- 
tled to one vote 

tied to one vote for each share held by him : provided, that p^^jgo *^'^''^- 
he shall not be entitled to a vote for any shares beyond one- 
tenth part of the whole number of shares of the stock of the 
corporation. No vote shall be given upon shares owned by 
the corporation, or pledged in any form to or for its benefit. 

Section 5. No proxy shall be valid unless executed and Proxies. 
dated within six months previously to the meeting at which 
it is used ; 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 person. 

CAPITAL STOCK, ASSESSMENTS, ETC. 

Section 6. The capital stock of every corporation organ- capital stock 
ized subsequent to the eleventh day of June, eighteen 
hundred and sixty-four, shall be divided into shares of one 
hundred dollars each. The number of shares shall, from 
time to time, be fixed by the directors, subject to the limita- 
tion named in its charter. No corporation shall begin to Road not to be 
build its road until a certificate is filed in the office of the tificate is aied 
secretary of the Commonwealth, signed and sworn to by the ^""' secretary, 
president, treasurer, clerk and a majority of the directors, 
stating that the amount of capital stock so fixed, which shall 
in no case be less than one-half the amount authorized by 
its charter, has been unconditionally subscribed for by re- 
sponsible parties, and that fifty per centum of the par value 
of each and every share of the same has been actually paid 
into its treasury in cash. 

Section 7. No certificate of stock shall be issued until ftock^ioMo*be 
the par value thereof shall have been actually paid into the vahfe^ias^beeu"^ 
treasury of the corporation in cash ; and the directors of the paid int'o treas- 
corporation shall be jointly and severally liable to the extent Director uabie 
of the capital stock fixed, for all debts and contracts made capila??s p"id 
by the company, until the whole amount of the capital stock, in, and certia- 
fixed and limited as aforesaid, is paid in, and a certificate 
stating the amount of the capital stock so fixed, limited and 
paid in, is signed and sworn to by the president, treasurer, 
clerk and a majority of the directors, and filed in the office 
of the secretary of the Commonwealth. 

Section 8. After the capital stock of the corporation has No increase of 
been fixed, and the evidence thereof is filed in the office of by^voteoTs^tMic- 
the secretary of the Commonwealth, as provided in the two jn^glfane^d ^r*' 
preceding sections, no increase thereof shall be made, unless ^''"^^ purpose. 
authorized by vote of the stockholders at a meeting called 
for that purpose, and no certificate of stock beyond the 

39 



732 1871.— Chapter 381. 

amount so fixed shall be issued until a duly certified vote 
subsequently passed by the directors, fixing the capital stock 
at some larger amount, has been filed in the office of the 
secretary of the Commonwealth, together with a certificate 
signed and sworn to by the president, treasurer, clerk and 
a majority of the directors, stating that the full amount of 
the proposed increase of capital stock has been paid into the 
treasury of the company in cash. 
Assessments SECTION 9. The dircctors may, from time to time, make 

may be levied . •' ' r. i • i 

upon shares such equal asscssmcuts not in excess oi tiieir par value on 
and If not paid all the sharcs subscribed but not paid up, as they deem expe- 
day^i rights^ dicnt and necessary for the purposes of the corporation, and 
may be sold, may direct the samc to be paid to the treasurer, who shall 
give written notice thereof to the subscribers. If a sub- 
scriber neglects to pay his assessment for thirty days after 
such notice from the treasurer, the directors may transfer 
the rights under such subscription to any person who sub- 
scribes for the same and pays the assessments due ; or they 
may order the treasurer, after giving notice of the sale, to 
sell such shares by public auction to the highest bidder. If 
the shares of a subscriber do not sell for a sum sufficient to 
pay his assessments, with interest and charges of sale, he 
shall be liable to the corporation for any deficiency ; if such 
shares sell for more, he shall be entitled to the surplus re- 
maining. 
de*meVpe^/son- SECTION 10. The sliarcs in the capital stock of such cor- 
al estate. porations shall be deemed personal estate, and may be trans- 
ferred by a conveyance in writing, recorded by the treasurer, 
be vIiid^a-Lu^st ^^^ books kept in his office. No conveyance of shares shall 
other than bc Valid agaiiist any other persons than the grantors or their 
be*r"corded.* legal representatives, unless so recorded. On making the 
transfer and surrendering the old certificate a new certificate 
shall be granted. 

CHAETERS. 

fhai-t^rVof to Section 11. No petition for a charter shall be acted upon 
be acted upon until iiotice of the pcudency thereof has been given accord- 
been given ac- ing to law, which notice sliall designate the intended route 
cording to law. ^,[^\^ g^gi^ certainty as to give information to all persons 
affected thereby, that they may have an opportunity to appear 
and object thereto. 
unks*8^aJ«i'^ted SECTION 12. The act incorporating any corporation shall 
within six bc void uiilcss the same is accepted within six months, and 
shall be void so far as relates to the right to construct a road 
within the limits of any city or town, unless the same shall 
be accepted by the city council of such city, or the selectmen 
of such town, within one year, and unless some portion of 



months. 



1871.— Chapter 381. 733 

said road is located and built and put in operation within 
eighteen months from the passage of said act. This section 
shall not apply to corporations existing prior to the eleventh 
day of June, in the year eighteen hundred and sixty-four. 

Section 13. Every corporation shall have power to pur- Real and per- 
chase and hold such real and personal estate as may be ^onai estate. 
necessary or convenient for the operation of the road. 

LOCATION OF ROAD. 

Section 14. The board of aldermen of any city, or the ^o'^^t'*^"^ of 
selectmen of any town, in which any corporation is author- 
ized to construct a street railway, may, upon the petition of 
such corporation, locate the tracks thereof within their re- 
spective jurisdictions, pursuant to the provisions of its char- 
ter : provided^ that before proceeding to locate such tracks, 
they shall give notice to all parties interested, by publication Notice to be 

1 ..1 • j.\ J r • i. given to all par- 

in such newspapers, or otherwise, as they may determine, at tiea interested. 

least fourteen days before their meeting, of the time and 

place at which they will consider such location. After a 

hearing of all parties interested, they shall pass an order 

refusing the location or granting the same, or any portion 

thereof, under such restrictions as they deem the interests of 

the public may require, and the location thus granted shall 

be deemed and taken to be the true location of the tracks of 

the corporation, if its acceptance thereof in writing is filed ,^'^"P*''^'l''e of 

1 ' Til 1 • 1 • ji • location to be 

With said mayor and aldermen or selectmen within thirty tiled within 
days after receiving notice thereof. " ^ ^^^' 

Section 15. The location and position of the tracks of be aSd?''^ 
any corporation may be altered upon application of any party 
interested, by the same authority, and in the same manner, 
as is provided in the preceding section, for the original loca- 
tion. The expense of such alteration which shall be made 
by the corporation within such time after such alteration 
shall have been ordered, as the board of aldermen or select- 
men may determine, shall be borne by such party as the 
board of aldermen or selectmen may determine. 

Section 16. The board of aldermen of any city, or the -™ayl'e,^e- 
^, f, , . c- t • • voked, and cor- 

selectmen ot any town, may, at any time alter the expiration poration order- 
of one year from the times of the opening for use of any [,fas|ood'con- 
street railway in such city or town, if in their judgment the tefor^ t?ackJ*^ 
interests of the public require, after notice published as pro- were laid, 
vided in the preceding sections, and a hearing, order that the 
location of any of the tracks in any street or highway shall 
be revoked, and the railway corporation shall thereupon re- 
move the same, in conformity with such order, and put the 



734 



1871.— Chapter 381. 



Penalty for 
neglect to ex- 
ecute order. 



street in as good condition as it was in immediately before 
being occupied by said tracks. 

Section 17. If any corporation neglects to execute any 
order and make the repairs as prescribed in the preceding 
section, after thirty days' notice thereof, then the board of 
aldermen or selectmen may cause the same to be executed 
and made at the expense of the corporation, to be recovered 
iu an action of tort. 



Rules as to rate 
of speed, &c , 
may be made 
by board or 
selectmen. 



Penalty for 
violation of 
rules. 



Streets may be 
taken up by 
cities and towns 
witliout liabil- 
ity for damages. 



Streets to be 
kept in repair. 



Corporation 
liable, in case 
recovery is had 
against city, 
&c., for defect 
in highway oc- 
cupied by its 
tracks. 



REGULATIONS FOR OPERATING ROAD, STREETS, ETC. 

Section 18. The board of aldermen of any city or the 
selectmen of any town, in which a street railway is operated, 
may, from time to time, establish by an order such rules and 
regulations as to the rate of speed, mode and use of the tracks, 
and removal of snow and ice from the same, as in their judg- 
ment the interest and convenience of the public may require. 

Section 19. If any corporation, its servants or agents, 
wilfully or negligently violates any rule or regulation estab- 
lished in the manner provided in the preceding section, such 
corporation shall be liable to a penalty of not more than five 
hundred dollars for each offence. 

Section 20. Cities and towns may take up any of the 
streets or highways traversed by street railways, for any 
purpose for which they are now authorized to take up the 
same, or may alter or discontinue the same, as now author- 
ized by law, without being liable in damages therefor to any 
railway corporation or the owners of its stock. 

Section 21. Every corporation, its lessees or assigns, 
shall keep in repair such portions of any paved streets, roads 
and bridges as are occupied by its tracks ; and when such 
tracks occupy streets or roads that are not paved, it shall, 
in addition to the portion occupied by its tracks, keep in 
repair eighteen inches on each side thereof, to the satisfac- 
tion of the superintendent of streets, the street commis- 
sioner or the surveyors of highways, and shall be liable for 
any loss or injury that any person may sustain by reason 
of any carelessness, neglect or misconduct of its agents and 
servants, in the construction, management and use of its 
tracks. 

Section 22. In case any recovery is had against any city 
or town, steam railroad, turnpike or bridge corporation re- 
spectively, by reason of any defect or want of repair caused 
or permitted by a corporation of that part of any street, high- 
way or bridge occupied by its tracks, or by reason of any de- 
fect in any part of any street, highway or bridge occupied by 



1871.— Chapter 381. 735 

its tracks, caused by a corporation, its lessees or assigns or 
their agents or employees, said corporation, its lessees or as- 
signs, shall be liable to said city, town or corporation respec- 
tively, for any sums recovered against either of them, togeth- 
er with all costs and reasonable expenditures incurred in the 
defence of any suit or suits in which recovery is had by rea- 
son of such defect or want of repair : provided, the corpora- Provisos. 
tion, its lessees or assigns had reasonable notice of such suit 
or suits, and an opportunity to assume the defence thereof; 
and provided, further, that such defect or want of repair was 
not caused by said city or town, its agents or servants, exer- 
cising the powers reserved to cities and towns in section 
twenty-one of this act, or by said other corporations, their 
agents or servants. 

Section 23. Every corporation, its lessees or assigns shall f"b^^n'aiu"afn-^ 
erect and maintain upon every bridge or draw of a bridge eci upon bridges, 
over which its track is located and used, suitable guards or trackls'iocated, 
railings sufficient to prevent the cars of said corporation 
from running off said bridge or draw ; such guards or rail- 
ings to be erected and maintained to the satisfaction of the 
board of aldermen of the city, or the selectmen of the town, 
in which such draw or bridge or any portion thereof may 
be situated. 

Section 24. If any corporation, its lessees or assigns, for Penalty for neg- 
sixty days neglects to comply with any order of a board of ^^'^^' 
aldermen of a city, or the selectmen of a town, duly served 
upon it under the provisions of the preceding section, it shall 
for each month during which such neglect shall continue, in 
excess of such sixty days, forfeit the sum of two hundred 
dollars, to be recovered to the use of said city or town. 

Section 25. If a corporation voluntarily discontinues the Board or seiect- 
use of any part of its tracks for a period of six months, the l^acks"to^be''^^'^ 
streets or highways occupied by the same shall, upon the or- jg voUintarfiy^^ 
der of the board of aldermen of the city, or the selectmen of discontinued, 
the town, forthwith, at the expense of said company, bo 
cleared of said tracks, and put in as good condition for the 
public travel as they were in immediately before being so 
occupied. 

Section 26. The board of aldermen of any city, or the —may order 
selectmen of any town, may order any corporation to discon- colu'iummce'"^ 
tinue, temporarily, the use of any tracks within the limits of ^iien safety re- 
such city or town, whenever they adjudge that the safety or 
convenience of the inhabitants require such discontinuance. 

Section 27. All corporations shall construct and main- Gauge to be 
tain their tracks of a uniform gauge of four feet eight and IJ'^IJj'" one^i^i^^* 
one-half inches. - inches. 



i36 



1871.— Chapter 381. 



Kules may be 
established, for 
giving notice 
by driver, &c., 
of approach of 
cars. 



Penalty for wil- 
ful obstruction 
of tracks. 



Penalty for wil- 
ful obstruction 
of streets by 
railroad corpo- 
ration. 



OBSTRUCTION OF STREETS. 

Section 28. The board of aldermen of any city, or the 
selectmen of any town, may establish such regulations for 
giving notice or warning of the approach of street cars by 
the driver or conductor, as shall in their opinion best secure 
the unobstructed use of the tracks and the free passage of 
the cars. 

Section 29. Whoever wilfully and maliciously obstructs 
any corporation, its lessees or assigns, in the legal use of any 
railway tracks, or delays the passing of the cars or railway 
carriages thereon, such person, and all who shall be aiding 
and abetting therein, shall be punished by a fine not exceed- 
ing five hundred dollars, or may be imprisoned in the com- 
mon jail for a period not exceeding three months. 

Section 30. If any corporation, its agents or servants, 
wilfully or negligently obstructs any street or highway, or 
hinders the passing of carriaores over the same, or wilfully 
detains the cars of any other company having the lawful 
right to pass thereon, such corporation shall be punished by 
a fine not exceeding five hundred dollars ; and the agent or 
servant so offending shall be punished by a fine not exceed- 
ing ten dollars for each ofifence, or by imprisonment in the 
common jail for a period not exceeding three months. 



Road not to be 
leased or sold, 
except, &c. 



Lessee to make 
sworn annual 
returns of busi- 
ness of road to 
lessor, under 
penalty. 



SALE OR LEASE OF ROAD. 

Section 31. No corporation shall sell or lease its road 
unless authorized so to do by its charter, or by special act of 
the legislature. 

Section 32. The party leasing any street railway shall 
make to the corporation owning the same annual returns 
verified by oath, of the operations and business of the road ; 
and for any failure to do so, shall be liable to said corpora- 
tion for all the penalties prescribed by law for a failure, on 
the part of the corporation, to make annual returns to the 
legislature ; and all penalties accruing to such corporation 
under this section may be recovered in an action of tort. 



Reasonable ac- 
conimodations 
for ])assengers 
to be furnished. 



FARES AND ACCOMMODATIONS. 

Section 33. Every corporation shall furnish reasonable 
accommodations for the conveyance of passengers, and for 
every wilful neglect to provide the same shall be punished 
by a fine of not less than five nor more than twenty dollars 
for each offence ; and the directors thereof may establish the 
rates of fare ou all passengers and property conveyed or 



1871.— Chapter 381. 737 

transported in its cars, subject, however, to the limitations 
named in its charter, or hereinafter set forth. 

Section 84. Tlie board of aldermen of any city, the Rates of fare 
selectmen of any town, or fifty legal voters of any city or r^uon Lay'^Ee" 
town in which any street railway is located, may apply to the reglfiated^by 
board of railroad commissioners, who shall, after due notice commissioners. 
and hearing of the parties interested, revise and regulate the 
fares as determined by the corporations ; but such fare shall 
not, without the consent of the corporation, be so reduced as 
to yield, with all other profits derived from operating its 
road, an income of less than ten per centum upon the actual 
cost of the construction of its road and the purchase of prop- 
erty for its necessary use, to be determined by said commis- 
sioners. The report of the commissioners shall be final and 
conclusive for at least one year. The expense of said appli- 
cation and hearing shall be borne by such party as the said 
board may determine. 

Section 35. Nothing contained in the two preceding Rates hereto- 
sections shall be held to authorize any corporation or said by'^agreement^ 
commissioners to raise the rate of fare, or the price of tick- falsed?*^ ^^^ '^^ 
ets, above what has been heretofore established as such rate 
or price for any locality, by agreement made as a condition 
of location or otherwise between a corporation or its direc- 
tors, and the mayor and aldermen of any city or the select- 
men of any town, except by a mutual arrangement with the 
mayor and aldermen or selectmen with whom such agree- 
ment was made. 

Section 36. Any passenger riding from any point in the Regulations 
city of Boston to any other point in said city, in a car run commuYatfon 
therein by any corporation, shall, upon paying a sum in checks. 
addition to the established fare for such passage, being in the 
whole not more than eight cents, receive a check which shall 
entitle him to a passage, on the same day only, in any car 
run in said city by any other corporation, between any two 
points therein : provided, that no corporation shall take any 
sum beyond eight cents for both of the passages aforesaid, 
including the check, but not including the toll upon any 
bridge or ferry. Any passenger riding in the car of any 
corporation from any point in the city of Boston to any other 
point in said city, or from any point without said city to any 
point therein, the established fare between such points being 
not more than six cents, shall, upon paying a sum in addi- 
tion to the established fare, being in the whole not more than 
nine cents, receive a check which shall entitle him to a pas- 
sage, on the same day only, in any car run by any other 
corporation, between any two points in said city, or from any 



738 



1871.— Chapter 381. 



Proviso. 



Penalty for 
fraudulently 
evading pay- 
ment of fare. 



Manner of use 
and compensa- 
tion therefor, of 
another road, to 
be determined 
by commission- 
ers if parties 
cannot agree. 



point therein to any point without said city, the established 
fare between such points being not more than six cents : 
provided^ however, that a corporation whose cars cross a 
ferry or toll-bridge within the limits aforesaid may collect of 
passengers crossing such ferry or toll-bridge upon commuta- 
tion checks one cent additional for a ferry or bridge toll ; 
and no corporation or commissioner of a toll-bridge or ferry 
shall exact of a corporation, whose cars cross a ferry or toll- 
bridge less than one mile in length, any other toll than one 
cent for each passenger carried across in its cars. The cor- 
porations issuing such checks shall redeem the same once a 
week, paying therefor to the corporations presenting them 
one-half of the amount received as fare of the passengers to 
whom the checks were sold. Any person transferring such 
check, or any check that he may receive in accordance with 
the provisions of this section, with or without consideration, 
shall forfeit a sum not exceeding twenty-five dollars, to be 
recovered by complaint to the use of the corporation. Any 
corporation violating any of the provisions of this section 
shall be punished by a fine of not less than five nor more 
than twenty-five dollars for each offence. 

Section 37. Whoever fraudulently evades, or attempts 
to evade, the payment of any fare lawfully established by 
any corporation, either by giving a false answer to tlie col- 
lector of the fare, or by travelling beyond the point to which 
he has paid the same, or by leaving the car without having 
paid the fare established for the distance, or otherwise, shall 
be punished by a fine of not less than five nor more than 
twenty dollars for each offence. Whoever does not, upon 
demand, pay such fare, shall not be entitled to be transported 
over the road, and may be ejected from the car. 

Section 38. Whenever any corporation, duly authorized 
by law, either itself or by its lessees or assigns, has entered 
upon and uses, or proposes to enter upon and use, the tracks, 
or any portion thereof, of another corporation, and the cor- 
porations cannot agree upon the manner and conditions of 
such entry and use, or the compensation to be paid therefor, 
the board of railroad commissioners shall, after due notice 
to and hearing of the parties interested, determine the rate 
of compensation to be paid for future use, and, if desired by 
either party, for past use, or fix the manner and stated peri- 
ods of such use, or the mode of connection of the tracks, 
having reference to the convenience and interest of the cor- 
porations, and of the public to be accommodated thereby ; 
and the award of the commissioners, or a major part of them, 
shall be binding upon the respective corporations interested 



1871.— Chapter 381. 739 

therein : provided, however, that no such award shall apply Proviso. 
to any period of time covered by any previous award of com- 
missioners or by agreement of parties. 

Section 39. Whenever one corporation, its lessees or when one road 
assigns, enters upon and uses the tracks of another, corpora- anothe'H^efwe 
tion, by authority of law, the corporation so entering and ^uc^j'confp^nsa- 
using shall, until the rate of compensation is agreed upon tion to be paid 
or fixed by the board of railroad commissioners as provided comm'is^^ioners 
in the preceding section, pay for such use once in each month ^ii'^y '^rder. 
from the time of entry, at such rate of compensation as the 
said board shall, on petition of either party and notice to the 
other, from time to time order. If the compensation estab- 
lished by the said board for the prior use of tracks exceeds 
the rate previously fixed by it, the excess shall be paid by 
the corporation using the tracks ; and in case it falls below 
such rate, the difference shall be deducted from the compen- 
sation subsequently accruing. 

Section 40. If any corporation, its lessees or assigns, if monthly pay- 
using the tracks of another corporation, fails to make the Sade.'use of 
monthly payment therefor, at the rate named by the commis- enjoined by'^^ 
sioners, as provided in the preceding section, the further use s. j. c. 
of said tracks may be enjoined by the supreme judicial court, 
until all payments in arrear have been made or satisfactorily 
secured. 

Section 41. Any corporation, while using the tracks o^ J^^'jJedbTdties 
another corporation, as herein before provided, shall conform &c.. through 
to the rules and regulations, from time to time established, to be observed!' 
of th.e authorities of the respective cities and towns through 
which their cars run, and to the rules and regulations adopt- 
ed by the corporation whose tracks they respectively use, for 
the regulation of their own cars and employes, and shall 
keep an account of the number of cars run daily by thena 
respectively. 

Section 42. Any award made by the railroad commis- Award of com- 
sioners, in pursuance of the provisions of this act, shall be j^cMo'n'vUion 
returned forthwith into the supreme judicial court, in the^y^-*^-^- 
county in which the question passed upon shall have arisen, 
and shall be there subject to revision in the same manner as 
if the said commissioners had derived their power to act in 
the premises under the appointment of said court. 

Section 43. In all cases heard before the board of com- Expenses and 
missioners under the provisions of this act, the expenses and b°fore°comiis? 
costs attending the same shall be paid by such party, or siouers. 
divided between the parties in such proportions as the com- 
missioners determine. 

40 



740 



1871.— Chapter 381. 



Motive power. 



Damage by fire 
communicated 
by locomotive 
engines. 



MOTIVE POWER. 

Section 44. Corporations may use such motive power on 
their respective tracks or roads as the board of aldermen of 
cities, or the selectmen of towns, through which they are 
located, may from time to time permit. 

Section 45. Every corporation shall be responsible in 
damages to any person whose buildings or other property is 
injured by fire communicated by its locomotive engines, and 
shall have an insurable interest in the property, upon its 
route, for which it may be so held responsible, and may pro- 
cure insurance thereon in its own behalf. 



Track crossing 
tracks of steam 
railroads. 



When track 
crosses steam 
railroad at 
grade, driver to 
stop car within 
one hundred 
feet of crossing. 

Car not to pass 
another cai 
standing to re- 
ceive, &c., pas- 
sengers, faster 
than a walk, 
under penalty. 



CROSSINGS AND PASSING. 

Section 46. Any corporation whose track crosses the 
tracks of a steam railroad, shall make the crossing in such 
a manner as to injure as little as possible such tracks, and 
shall insert no frogs therein, and make no incisions into the 
rails thereof, without the consent of the directors of such 
road. 

Section 47. When a street railway crosses or is crossed 
by a steam railroad at grade, where locomotive engines are 
in daily use, the driver of the car upon the street railway 
shall, when approaching the point of intersection, stop his 
car within one hundred feet of the crossing. 

Section 48. No street railway car shall pass another car 
standing to receive or deliver passengers, in a parallel track 
in the same street, at a rate of speed faster than a walk. 
For each violation of this or the preceding section the driver 
shall forfeit ten dollars, and the corporation employing the 
driver shall forfeit twenty dollars. 



LIABILITY FOR NEGLIGENCE. 

b^^Vi^^elue* Section 49. If by reason of the negligence or careless- 
corporauon to ncss of aiiy corporaiiuu, or of the unfitness, negligence or 
fine^andam'tto carclessncss of its scrvauts or agents, the life of any person, 
wid^ow! &c!'^ *° being a passenger, in the exercise of due care, or of any 
person being in the exercise of due care, and not being a 
passenger, or in the employment of such corporation, is lost, 
the corporation shall be punished by a fine not exceeding 
five thousand dollars, nor less than five hundred dollars, to 
be recovered by indictment, and paid to the executor or ad- 
ministrator, for the use of the widow and children of the 
deceased, in equal moieties ; but if there are no children, 
to the use of the widow, or if no widow, to the use of the 
uext of kin. 



1871.— Chapter 381. 741 



INDICTMENTS. 

Section 50. Indictments against a street railway corpo- indictments to 
ration, for loss of life, shall be prosecuted within one year witiTin'one*^*^ 
from the time of the injury causing the death. y^^*"- 

DIVISION OP PROCEEDS OP SALE OP ROAD. 

Section 51. No corporation shall appropriate, for the Dividends not 
payment of dividends, any money received for the sale of procM^dsl)/ sale 
any portion of its railway, unless it first reduces its capital road.'^except, 
stock issued, by an amount which, at its par value, is equal &c. ' 
to the amount which said portion of its railway cost said 
company. 

RETURNS AND REPORTS. 

Section 52. The directors of every corporation shall an- Eetums and 
nually, on or before the first Wednesday of November, make ''•^i^'^'''^- 
oath to and transmit to the board of railroad commissioners 
a report of their doings under its charter for the year end- 
ing the thirtieth day of September preceding, the first annu- 
al report stating the number of months and days included 
therein. Such report shall set forth copies of all leases and 
contracts made during the year with other corporations and 
individuals, and shall contain full and complete information 
upon the several items contained in the form of reports 
prescribed by the board of railroad commissioners. 

Section 53. A corporation owning a leased road shall be corporation to 
responsible for the completeness and correctness of its annu- fo7r*e^?mil'''''^ 
al returns to the same extent as if the road was in its own 1^^^"/°"''^ ^* 
possession. 

Section 54. The board of railroad commissioners may, changes in 
from time to time, order changes and additions in the form [ur™s* may^'be 
of the reports required by section fifty-two, and they shall made by com- 

r ^, '' . 1 • r- missioners. 

give to the several corporations one year s notice oi any 
such changes as require any alteration in the method or 
form of keeping their accounts ; and said commissioners 
shall, on or before the fifteenth day September of each year, 
transmit to each of the corporations established by law with- 
in the Commonwealth blank forms of the reports required 
by the two preceding sections. 

Section 55. The board of railroad commissioners shall commissionera 
prepare tables and abstracts of the reports of the several tab'ies 'Tnl 
corporations, and transmit said reports and abstracts to the ports mld^rans- 
secretary of the Commonwealth at the same time and in the "f co'uimoT.'''^ 
same manner as provided for the transmission of the reports wealth. 
of railroad corporations. 



742 1871.— Chapter 382. 

amend^ed'if^ SECTION 56. Whenever the report of any corporation is 
defective. incomplete, defective or probably erroneous, the board of 
railroad commissioners shall notify such corporation to 
amend said report within fifteen days. Every corporation 
refusing or neglecting to make the report required in sec- 
tion fifty-two, or refusing or neglecting to amend sucli report 
when notified so to do, shall forfeit twenty-five dollars for 
each day's refusal or neglect. 

EQUITY POWERS OF SUPREME COURT. 

eqiutypowers^^ SECTION 57. In addition to the penalties herein provided, 
*rder^T/"^*^^' ^^^^ suprcmc judicial court shall have full equity powers to 
compel the observance of all orders, rules and regulations 
made in accordance with this act by the board of aldermen 
of any city, or the selectmen of any town, or by the board 
of railroad commissioners. 
dutYeT*°*^ Section 58. All corporations shall continue to exercise 

and enjoy their power's and privileges, according to their 
respective charters and to the laws in force ; and shall con- 
tinue subject to all the liabilities to which they are now 
subject, except so far as said powers, privileges and liabili- 
ties are modified and controlled by the provisions of this 
statute. 
^eaTinltSuted SECTION 59. This act shall not affect any proceedings 
not affected. already instituted for altering the location and position or 

revoking the location of the tracks of any corporation. 
Repeal. SECTION 60. Chapter two hundred and twenty-nine of 

the acts of the year eighteen hundred and sixty-four, and all 
acts and parts of acts inconsistent with the provisions of 
this act are hereby repealed. Approved May 26, 1871. 

ChciP. 382 -^^ -^^^ ^^ RELATION TO BETTERMENTS. 

Be it enacted, §•£., as follows : 
Portion of ex- SECTION 1. At any time within two years after any street, 

penses 111 laying ,., • t • ■, ^ ^ • ^ i ii 

out, widening, highway Or othcr way is laid out, altered, widened, graded 

maybeas^«elsed Or discontinued, wheu in the opinion of the board of city or 

riceivtng bene- towu officcrs authorized to lay out streets or ways respectively 

i867*^3fif'§T-' *^^i6rein, any real estate, including that, a part of which may 

1868,' 276; 1S69, havc becu takcii for sucli purpose, shall receive any benefit 

' ' and advantage therefrom, beyond the general advantages to 

all real estate in the city or town where the same is situated, 

such board may adjudge and determine the value of such 

benefit and advantage to any such estate, and may assess 

upon the same a proportional share of the expense of laying 

Assessment not out, alteration, widening, grading or discontinuance ; but in 

haifofa^udgtd uo casc shall the assessment exceed one-half the amount of 

benefit. 



1871.— Chapter 382. 743 

such adjudged benefit and advantage, nor shall the same be 
made until the work of laying out, altering, widening and 
grading is completed or discontinuance made ; and in case 
of laying out a highway or town way by county commission- 
ers, due allowance shall be made for any benefit set off un- 
der the provisions of section sixteen of chapter forty-three of 
the General Statutes. 

Section 2. Any such assessment upon real estate which Assessment 
is invalid by reason of any error or irregularity in the mak- made, innvaiid 
ing thereof, and which has not been paid, or which has been I'uiftymmlk^' 
recovered back, may be re-made by such board, to the 'j'^?j 217 §5. 
amount for which the original assessment ought to have been 
made, and the same shall be a lien upon the estate, and be 
collected in the same manner as re-assessed taxes are. 

Section 3. The expense to be assessed upon the estates jf^^J?^"!;^ ^0°;^''.® 
as herein provided shall include all damages for land and cuuie damages 
buildings taken ; and in estimating such damages all build- buikiings't'iken. 
ings on the land, a part of which is taken, shall be included, ifcii<i. i'^. §§^3. 
and there shall be deducted therefrom the value of the ma- 
terials removed, and of all buildings or parts of buildings re- 
maining thereon ; and the damages for land taken shall be 
fixed at the value thereof before such laying out, alteration 
or widening, and the damage so estimated shall be paid to 
the persons entitled thereto, in the same manner, and upon 
the same conditions as are provided by law in other cases of 
laying out, alteration, widening, grading or discontinuance 
of streets and ways. 

Section 4. If the owner of any building or materials on if- after reason- 
land, a part or the whole of which is taken for the purposes owner faus'to 
named in this act, after reasonable notice in writing from the [ng,'&c.,'^the^ 
board authorized to make assessments as aforesaid, shall re- board may re- 

. , , 1 1 •! T move or sell it 

luse or neglect to take care 01, or remove such buildings or at public auc- 
materials, such board may take such care of the same as il"",; 174, § 4. 
public safety, or the preservation thereof demands, or may ^^*'''*' '''^~' ^ ^' 
remove such buildings or materials either upon the adjoining 
land of such owner, or otherwise ; or they may sell the same 
at public auction, after five days' public notice of such sale, 
and hold the proceeds of the sale for the benefit of such own- 
er ; and the expense incurred by said board, or the value Expense to be 
thereof to the owner, shall be allowed in reduction of the nXctionof 
damages which said owner is entitled to recover. damages. 

Section 5. Any person owning real estate abutting on Before damages 
any street, highway or other way which may be laid out, al- ownef miy sur- 
tered, widened, graded or discontinued, and liable to assess- tn" dt/or"^^ *° 
ment under this act, may, at any time before the estimate of \°y|;°ij,^ g 
damages is made, give notice in writing to the board having ' 



744 



1871.— Chapter 382. 



Assessments to 
be a lien upon 
the real estate. 
1866, 174, § 6. 
Iti69, 367, § 2. 



— may be ap- 
portioned into 
three equal 
parts and added 
to tax for three 
years ensuing. 



Party aggriev- 
ed may apply 
by petition to 
the superior 
court. 

1S66, 174, § 7. 
1871, 217, § 2. 



If assessment ia 
not reduced, 
petitioner to 
pay costs. 
1871, 217, §§3,4. 



authority to make the assessment, that he objects to the 
same, and elects to surrender his estate to the city or town 
where situated ; and if said board shall then adjudge that 
public convenience and necessity require the taking of such 
estate, for the improvements named, they may take the 
whole of such abutting estate, and shall thereupon estimate 
the value thereof, excluding the benefit or advantage which 
has accrued from the laying out, alteration, widening, grad- 
ing or discontinuance, and such owner shall convey the es- 
tate to such city or town which shall pay him therefor, the 
value so estimated, and the same may be recovered by an 
action of contract ; and the city or town may sell any portion 
of said estate not needed for such improvements. 

Section 6. All assessments made under this act shall 
constitute a lien upon the real estate so assessed, to be en- 
forced in the same manner, with like charges for cost and 
interest, as provided by law for the collection of taxes ; and 
if the owner of the estate shall give notice to the board au- 
thorized to make the assessment at any time before demand 
is made upon him for payment thereof, that he desires to 
have the amount of such assessment apportioned, said board 
shall apportion the same into three equal parts and certify 
such apportionment to the assessors of the city or town, and 
said assessors shall add one of said equal parts, with interest 
thereon from the date of the apportionment, to the annual 
tax of said estate for the three years next ensuing ; and all 
assessments laid upon real estate, for any of the causes men- 
tioned in this act, which shall remain unpaid after tlie same 
become due or payable, shall draw interest from the time 
when the same became due or payable, until the time of pay- 
ment thereof. 

Section T. Any party aggrieved by the doings of such 
board, may apply by petition to the superior court for the 
county in which the estate is situated at any terra thereof 
within one year after the passage of the order or proceedings 
upon which the application is founded ; and after due notice 
to the city or town against which the petition is filed, a trial 
shall be had at tlie bar of the court in the same manner in 
which other civil causes are there tried by the jury, and if 
either party request it the jury shall view the place in ques- 
tion. 

Section 8. If the jury shall not reduce the amount of the 
assessment complained of, the respondent shall recover costs 
against the petitioner, which costs shall be a lien upon the 
estate, and be collected in the same manner as the assess- 
ment, but if the jury shall reduce the amount of the assess- 



1871.— Chapter 383. 745 

ment, the petitioner shall recover costs, and all assessments 
shall be a lien on the estate for one year after the final judg- 
ment, in any suit or proceeding where the amount or validity 
of the same is in question, and be collected in the same man- 
ner as original assessments. 

Section 9. When an assessment is made upon an estate, Assessment 

. r>i-i'i Ti r«i upon a leased 

the whole or any portion ot which is leased, the owner oi the estate to be 
estate shall pay the assessment, and may thereafter collect ^^^ ^ owner. 
of the lessee an additional rent for the portion of the estate 
so leased, equal to ten per centum per annum on that pro- 
portion of the whole sum paid, which the leased portion 
bears to the whole estate, after deducting from the whole 
sum so paid, any amount he may have received for damages 
to the estate, above what he has necessarily expended on 
such estate by reason of such damages. 

Section 10. This act, except section four, shall not take To take effect if 
effect in any town until the same is accepted by such town at town. 
a legal meeting called for that purpose, unless the town has 
passed the vote of acceptance provided for by section four of 
chapter one hundred and sixty-nine of the acts of the year 
eighteen hundred and sixty-nine. 

Section 11. Chapter one hundred and seventy-four of the Repeal ofisee, 
acts of the year eighteen hundred and sixty-six, chapters isos, -5, 276. 
seventy-five and two hundred and seventy-six of the acts of Is^'ifT*.' ^^'^' 
the year eighteen hundred and sixty-eight, and chapters one 
hundred and sixty-nine and three hundred and sixty-seven 
of the acts of the year eighteen hundred and sixty-nine, and 
chapter two hundred and seventeen of the acts of the year 
eighteen hundred and seventy-one, are hereby repealed ; but Rights and na- 
such repeal shall not affect any rights or liabilities already incurred nol ^ 
incurred, or any case pending under said chapters. affected. 

Section 12. In any city where the mayor and aldermen Mayor and ai- 
are part only of the board authorized to lay out streets or ?o con^tiuite"^^ 
ways, such mayor and aldermen shall constitute the board [',^i^'"^(.tf'^^'^ ^° 
named in this act. 

Section 13. This act shall take effect upon its passage. 

Approved May 26, 1871. 



An Act to establish the salaries of the first assistant-clerk 
OF the auditor of accounts, and of the first assistant-clerk 



Chap. 383 

OF the treasurer and receiver general. 
Be it enacted, Sfc, as follows : 

Section 1. The salary of the first assistant-clerk of the salaries estab- 
auditor of accounts, and of the first assistant-clerk of the ^^^^*^***^'^'^' 
treasurer and receiver general shall be two thousand dollars 
per annum, commencing with the present year. 

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

Approved May 26, 1871. 



746 



1871.— Chapters 384, 385, 386, 387. 



An Act to authorize railroad corporations to guarantee 

THK bonds of connecting RAILROADS. 

Be it enacted, §'c., as foUotos : 

Section 1. A railroad corporation whose road is wholly 
constructed and in operation, may guarantee the bonds of 
another railroad corporation whose road is chartered to con- 
nect with its own, upon such terms and to such an extent 
as may be authorized by a majority of the votes at a meeting 
of its stockholders called for the purpose : provided, the 
bonds so guaranteed do not exceed the amount of the capital 
stock of such other corporation actually paid in cash by its 
stockholders, and are in all other respects issued in conform- 
ity with the provisions of the general laws relating thereto. 

Section 2. The fourth section of chapter three hundred 
and twenty-five of the acts of the year eighteen hundred and 
seventy is hereby repealed. 

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

Approved May 26, 1871. 

Chat) 385 ^^ ^^^ "^^ extend the time 



Chap. 384 



Railroad corpo- 
ration whose 
road is built 
and in opera- 
tion, may guar- 
antee bonds of 
another road 
chartered to 
connect it. 
Froviso. 



Repeal of 1870, 
325, § 4. 



FOR LOCATING AND CONSTRUCTING THE 
BEDFORD RAILROAD. 

Be it enacted, §t., as foliates : 

The time within wliich the railroad of the Bedford Rail- 
road Company shall be located, and constructed, is hereby ex- 
tended for two years from the passage of this act. 

Approved May 26, 1871. 

An Act relating to criminal proceedings before trial jus- 
tices. 
Be it enacted, Sfc, as follows : 

Section 1. When a trial justice before whom any crimi- 
nal proceeding has been commenced and is pending, dies before 
final judgment has been rendered therein, any other trial 
justice, or any police, district or municipal court in the same 
before another couutv, may causc and allow the papers in the case to be 
brouglit and entered before such other justice or court, and 
may thereupon proceed in the matter, in the same manner 
as if the case had been originally commenced before such 
other justice or court. 

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

Approved May 26, 1871. 

Chnn ^^87 ^^ ^^^ ^^ provide for furnishing certain documents to the 
L/nap. oo ^^^ library societies in each county. 

Be it enacted, Sfc, as follows : 

^aw^ijbrary so- SECTION 1. In addition to the volumes now required by 

furnished with law to bc fumislied to the law lil)rary societies in each county, 

document's, the scrgeaut-at-arms shall, immediately after their publica- 



Time for loca- 
tion and con- 
struction ex- 
tended. 



Chap. 386 



When a trial 
justice dies dur- 
ing the penden- 
cy of a criminal 
proceeding be- 
fore him, case 
may proceed 



1871.— Chapters 388, 389, 390. 747 

tion, distribute as far as is practicable to said societies one journals of 
volume each of the following documents, viz. : legislative aTerindVln-' 
documents (senate and house), journal of the senate, jour- "'*^' 
nal of the house, and the manual of the general court. 
Section 2. This act shall take effect upon its passage. 

Approved May 26, 1871. 



Chap. 388 



Chap. 389 



An Act to reduce the capital stock of the taunton street 
railway compaxy. 

Be it enacted, §'c., asfolloios: 

Section 1. The second section of the eighteenth chapter capital stock 
of the acts of the year eighteen hundred and seventy, entitled 
" An Act to incorporate the Taunton Street Railway Com- 
pany," is so amended that the capital stock of said company 
shall not exceed seventy-five thousand dollars. 

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

Approved May 26, 1871. 

An Act concerning railroad corporations whose roads ex- 
tend BEYOND the LIMITS OF THE STATE. 

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

If any railroad corporation owning a railroad in this Com- if .» railroad in 
monwealth and consolidated with a corporation in another sondated with 
state owning a railroad therein, increases its capital stock or o^herttatl/Tn- 
the capital stock of such consolidated corporation without ,^^*te^js road^'' 
authority of the legislature of this Commonwealth, or with- &c., without ' 
out such authority extends its line of road, or consolidates fegishuu^e*, 
with any other corporation, or makes a stock dividend, or totTeforfeited* 
takes a lease of any road, or leases its road to any other cor- 
poration, the charter and franchise of such corporation shall 
be subject to be forfeited and become null and void : pro- 
vided, that nothing herein contained shall be construed to 
prohibit the Boston and Maine Railroad from extending its 
railroad to Portland in the state of Maine, under the au- 
thority granted by the legislature of said state. 

Approved May 26, 1871. 

An Act relating to the taxation of bank shares. ChciT) 390 

Be it enacted, Sfc, as follows: 

Section 1. All the shares of stock in banks, whether of ^ank stock 

, . , . , , 1 • r« , 1 TT • 1 r-i n sharcs to be as- 

issue or not, existing by authority oi the united States or of sessedtoowu- 
this Commonwealth, and located within the Commonwealth, wiieV^e^baliks 
including shares in the capital stock of the Mercantile Sav- ^'"'^ located, 
ings Institution and the Collateral Loan Company, both in 
the city of Boston, shall be assessed to the owners thereof in 
the cities or towns where such banks are located, and not 
elsewhere, in the assessment of all taxes imposed and levied 

41 



748 1871.— Chapter 890. 

in such place by the authority of law, whether such owner 
is a resident of said city or town or not, at the fair cash 
value of such shares on the first day of May of the year in 
which the tax shall be assessed, first deducting therefrom 
the proportionate part of the value of the real estate belong- 
ing to the bank, at the same rate, and no greater, than that 
at which other moneyed capital in the hands of citizens and 
subject to taxation is by law assessed. And the persons or cor- 
porations who appear from the records of the banks to be the 
owners of shares at the close of the business day next pre- 
ceding the first day of May in each year, shall be taken and 
deemed to be the owners thereof for the purposes of this act, 
Taxtoconsti- Sectton 2. Any tax so assessed shall constitute a lien 
Bhares/*^*^ '^^^'^ upon the shares in respect to which such assessment is made 
from the first day of May of the year in which the tax is laid 
till the tax shall be paid ; and furthermore, for the purpose 
of collecting such tax, and in addition to any other law of 
this Commonwealth relative to the imposition and collection 
of taxes, it shall be the duty of every such bank, and the 
Officers to re- managing officer or officers thereof, to retain so much of any 
dividend^as dividend Or dividends belonging to such stockholders as shall 
pay\he tax? ^^ ucccssary to pay any tax assessed in pursuance of this act 
until it shall be made to appear to such officers that such 
taxes have been paid, 
paid'^coifelr'tor** SECTION 3. If any tax SO asscssed shall not be paid, the 
shall' levy by collcctor Or othcr ofBccr authorized to collect taxes shall levy 
' ' the same, by distraint or by seizure and sale of the shares in 
respect of which the tax is assessed, in accordance with the 
provisions of law for the seizure and sale of shares in the 
capital stock of corporations existing under authority of this 
Proviso. Commonwealth, for non-payment of taxes : provided, that be- 

fore proceeding to distrain or seize the shares of any stock- 
holder not a resident in the city or town in which the tax is 
assessed, such collector shall, ten days at least before making 
such distraint or seizure, demand the amount of tax due and 
legal charges, at the usual place of business of said bank, by 
written or printed demand addressed to the stockholder, and 
given to the cashier or other officer of such bank, upon whom 
service of legal process against such bank may by law be 
made, and no other demand shall be necessary. Or such 
officer may, at his election, proceed to collect such tax by an 
action of contract, to be brought in the superior court in the 
county in which the bank is located, in which action the 
bank may be summoned as a trustee ; and if summoned, 
shall be chargeable to the extent of the market value of such 
shares, and of any dividends declared as aforesaid, between 



1871.— Chapter 390. 749 

the first day of May in the year in which the tax is assessed 
and the time when the action is brought. 

Section 4. Assessors of cities and towns in which any how rate shaii 
national bank or banking association is located, for the pur- at wllich tLx*ei 
pose of ascertaining the rate at which taxes shall be assessed, f^^H^^ ^^' 
shall omit from the valuation upon which the rate is to be 
based, the value of all shares held by non-residents of said 
cities and towns, and no tax of any city or town shall be 
invalidated by reasbn of any excess of the amount thereof 
over the amount to be raised in consequence of the provisions 
of this act. 

Section 5. It shall be the duty of the cashier of every cashiertomake 
such bank to make and deliver to the assessors of the city or der oath^to'^as- 
town in which such bank is located, on or before the tenth bln^kls Sited 
day of May in each year, a statement verified by the oath of siiowing name ' 
such cashier, showing the name of each shareholder, with his holder, &c , uh- 
residence and the number of shares belonging to him on the '^^'^ vf^^^^ty- 
then preceding first day of May, as the same then appeared 
on the books of said bank. For any failure to make such 
statement such cashier shall be liable to a penalty of five 
hundred dollars, to be recovered to the use of the city or 
town to the assessors of which this statement is hereby re- 
quired to be made, in an action of tort, and the assessors of 
the city or town in which the bank is located shall forthwith 
upon such failure proceed to obtain a list of shareholders, 
with the residence of and number of shares belonging to each, 
as required by the provisions of section one of chapter two 
hundred and forty-two of the acts of the year eighteen hun- 
dred and sixty-five. 

In either case the assessors of each city and town shall, Assessors to 

... IT trausmit state 

immediately upon obtaining such list or statement, transmit ment to tax 
to the tax commissioner a true copy of the same, and shall <=''™"^i*^i°'i^'"- 
further, by notice in writing, inform said commissioner of the 
rate per cent, upon the valuation of the city or town of the 
total tax in such city or town for the year, immediately upon 
the ascertainment thereof, and also of the amount assessed 
upon the shares of each bank located therein, under the pro- 
visions of this act. 

Section 6. Said commissioner shall thereupon, as soon commissioner 
as may be, determine from the returns provided for by sec- proportionate 
tion five of this act, and otherwise, the proportionate amount whidrwouid*^' 
of the tax so assessed upon the shares in each of said banks not be taxable 
which has been assessed upon shares which according to the anditsiiaiibe'a 
provisions of chapter eleven of the General Statutes would cuy'^^rtownf 
not be taxable in said city or town, which amounts, as final- 
ly determined under the provisions of this act, shall be a 



750 



1871.~Chapter 390. 



Proportionate 
amouut of tax, 
taxable in town 
to become a 
credit to such 
town. 



Assessors to be 
notitied of ag- 
gregate amount 
of charges and 
credits, as de- 
termined by 
commissioner. 



Eight of appeal 
from determi- 
nation of com- 
missioner. 



Commissioner 
to certify to 
treasurer and 
receiver-gen- 
eral aggregate 
amount of 
charges and 
credits. 



Treasurer to 
withhold pay- 
ment, &c. 



Credits not to 
be allowed un- 
til assessors 
comi>ly with 
requu'ements. 



charge to said city or town as an offset against any payments 
to be made from the treasury of the Commonwealth to said 
city or town. 

Section 7. Said commissioner shall, in like manner, de- 
termine the proportionate amount of tax so assessed upon 
shares in each of said banks which according to the provi- 
sions of chapter eleven of the General Statutes would be tax- 
able in each city or town in this Commonwealth other than 
that in which the bank is located, which amounts, as finally 
determined under the provisions of this act, shall become a 
credit to such city or town. 

Section 8. Said commissioner shall, by written or printed 
notice, delivered at the assessors' office or sent by mail, in- 
form the assessors of each city or town affected thereby, of 
the aggregate amount of charges and credits against and in 
favor of such city or town under the sixth and seventh sec- 
tions of this act, as determined by him, forthwith, upon the 
determination thereof. From this determination an appeal 
may be made by said assessors, within ten days from the date 
of said notice, to the board of appeal created under the thir- 
teenth section of the two hundred and eighty-third chapter of 
the acts of the year eighteen hundred and sixty-five, which 
board shall hear such appeal, decide the matter in question, 
and notify said commissioner and the party appealing thereof, 
and such decision shall be final. 

Section 9. Said commissioner shall, at the expiration of 
ten days after notice given as provided in section eight, or 
upon being informed of the decision of the board of appeal, 
if an appeal is made, certify to the treasurer and receiver- 
general the aggregate amount of charges mentioned in sec- 
tion six against each city and town in the Commonwealth, 
and also the aggregate of credits mentioned in the seventh sec- 
tion in favor of each city or town, as finally determined un- 
der the provisions of sections six, seven and eight, and the 
treasurer shall thereupon withhold out of any sums of money 
which are or may become payable out of the state treasury 
to any city or town against which a charge is certified, the 
amount so certified ; and shall allow or pay over to each 
city or town in favor of which a credit is certified the 
amount so certified. 

Section 10. No city or town shall be entitled to any al- 
lowance of credits or payments under this act, or under the 
two hundred and eighty-third chapter of the acts of the year 
eighteen hundred and sixty-five, in any year, until the assess- 
ors thereof shall have complied with the requirements of 
this act. 



1871.— Chapter 391. 751 

Section 11. Section three of chapter two hundred and k«p<^*'' 
forty-two of the acts of the year eighteen hundred and sixty- 
five, chapter three hundred and forty-nine of the acts of the 
year eighteen hundred and sixty-eight, so much of section 
one of chapter one hundred and eighty-eight of the acts of 
the year eighteen hundred and sixty-seven as requires the 
tax commissioner to transmit a copy of the list of sharehold- 
ers in banks received by him, and all acts and parts of acts 
inconsistent herewith, are hereby repealed ; but this repeal fg<'y^™^J'*°*"^°* 
shall not revive any former acts by said acts repealed, or 
defeat any rights which have already accrued, and no bank, 
the shares in which are made taxable by this act, shall be 
subject to taxation under the provisions of chapter two hun- 
dred and eighty-three of the acts of the year eighteen hun- 
dred and sixty-five, and the acts in addition thereto, nor 
shall the shareholders be taxable except under the provisions 
of this act in respect to their shares therein. 

Section 12. The amount actually paid under the pro- Amount paid 
visions of this act in eacli year by any savings bank or insti- banks to be de- 
tution for savings on account of shares of stock which are its payable "iTnder^ 
absolute property, shall be deducted from the amount of tax i802,:i2i. 
payable by such savings bank or institution for savings under 
the provisions of chapter two hundred and twenty-four of the 
acts of the year eighteen hundred and sixty-two, at the next 
succeeding semi-annual payment. 

Section 13. This act shall take effect upon its passage, when to take 
and taxes shall be assessed and collected under the provi- 
sions thereof for the present year, in the same manner and 
to the same effect as if it had been in force on the first day of 
May. Approved May 26, 1871. 



Chap. 391 



An Act to establish thk first district court of southern 

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

Section 1. The towns of Sturbridge, Southbridge, Charl- ^j^^rt''of*south. 
ton, Dudley, Oxford and Webster shall constitute a judicial em Worcester 
district under the jurisdiction of the court hereby established ^"^ 
therein by the name of the First District Court of Southern 
"Worcester. Said court shall, except as is hereinafter pro- 
vided, have the same jurisdiction, power and authority, shall 
perform the same duties and be subject to the same regula- 
tions 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 General Statutes 
and by all general laws passed in amendment thereof, appli- 
cable to the several police courts of the Commonwealth ; and 



752 1871.— Chapter 391. 

all provisions of law relating to criminal and civil proceed- 
ings, the taxation of costs, the payment of fines, the expenses 
of court, the accounting and settling with county and town 
for money paid into court as forfeitures or otherwise, and all 
other returns and requirements of law applicable to the sev- 
eral police courts of the Commonwealth, except those before 
mentioned, shall apply to the First District Court of South- 
ern Worcester hereby established. 
One standing SECTION 2. Said district court shall consist of one stand- 
ipeciai justices, ing justico and two special justices, to be appointed, commis- 
sioned and qualified pursuant to the constitution and laws of 
the Commonwealth. 
Eitiier justice SECTION 3. Either of the justices of said court may issue 
rants.*^^**^ 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. 
Courts for civil SECTION 4. Said court for criminal business shall be held 
inisinessl when in somo Suitable place, to be furnished by the county of 
and wiiere held. Worcester, in Southbridge, except legal holidays, on Monday, 
Wednesday and Friday, and in Webster on Tuesday, Tliurs- 
day and Saturday in each week, at nine o'clock in the fore- 
noon, and in the afternoon if required ; and for civil business, 
in Southbridge on Monday, and in Webster on Tuesday in 
each week, and at such other times as may be fixed accord- 
ing to law. 

Salary of stand- SECTION 5. The standing jUSticC of said court shall re- 
compensation ceive an annual salary of twelve hundred dollars, to be paid 
of special jus- f^.^^ ^]^g trcasury 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. 
Original con- SECTION 6. Said court sliall also have original concurrent 
tioTwUh'supe^ jurisdiction with the superior court in the county of Wor- 
where°debt, ccstcr, iu all pcrsoual actions, in which the debt or damages 
f "e'^d «Voo* demanded, or property replevied does not exceed in amount 
Trial by jury or valuc thrcc huudrcd dollars, and on the return day of the 
either pMty. ° Writ either party may demand a trial by jury, in writing, 
which shall be granted by said court. If neither party de- 
mand a trial by jury, the right to have such trial shall be 
taken to be waived. The jury trial shall be in accordance 
with the provisions of chapter one hundred and thirty-two of 
the General Statutes, and the judgment of said court in all 
actions in which the title to real estate is not put in issue by 
the pleadings, shall be final, unless appeal is taken therefrom, 



1871.— Chapter 391. 753 

or exceptions and appeals on matters of law are had as here- 
inafter provided. 

Section 7. In all cases in said court except where a jury Eight of appeal, 
trial is had, or the value of the property replevied or the 
judgment of the court does not exceed the amount of fifty 
dollars, either party may appeal to the superior court in the 
manner now provided by law for taking appeals from the 
judgment of justices of the peace ; and in cases where a jury 
trial is had, exceptions and appeals on matters of law may 
be had to the supreme judicial court in the manner now pro- 
vided by law for taking exceptions and appeals from the 
superior court to the supreme judicial court. 

Section 8. Whenever a jury shall become necessary for Jury to be sum- 
the trial of any action or proceeding in said district court towns lu dis- 
under the provisions of this act, the justice of said district *"'^'" 
court is hereby authorized and required to issue writs of 
venire facias, directed to the sheriff of the county or either 
of his deputies or a constable of any city or town in the 
district, for the summoning of jurors ; and the jurors shall 
be summoned from the towns in the judicial district. 

Section 9. All proceedings duly commenced before any Proceedings ai- 
trial justice or justice of the peace for said county within men^cib^fore a 
said district, before this act shall take full effect, shall be be delermiuJd. 
prosecuted and determined as if this act had not been passed, 
and except as herein provided, the jurisdiction of trial jus- 
tices and justices of the peace shall be excluded within the 
judicial district created by this act. 

Section 10. No writ or process issued by said district 7^"; o"* pfp^ess 

.... '^ .. in-, 1 in Civil actions 

court in civii actions or proceedings, shall run into or be not to serve into 
served in any county other than Worcester County, except Worcester^ *"^* 
as provided in section seven of chapter one hundred and 
twenty, and in section seventy-seven of chapter one hundred 
and forty-two of the General Statutes. And in all civil ac- 
tions in said court, wherein the writ or process is served 
upon the defendant in any county other than Worcester 
County, except as above provided, if the plaintiff names a 
sum not exceeding twenty dollars for debt or damages, he 
shall be entitled to no costs, except as provided in the follow- 
ing section, but tlie defendant shall recover the costs to which 
he would have been ei>titled had he been the prevailing party. 

Section 11. If the plaintiff's claim in a writ served upon cost? if piain- 
the defendant out of Worcester County as established on the *vd'tslfrV"eVup- 
trial, exceeds twenty dollars and is reduced to that amount out'^of county 
or less, or overbalanced by set-offs which could not have been exceeds twenty 
proved in payment, it shall be considered, for the purposes of 
the preceding section, as having exceeded twenty dollars, 



754 1871.— Chapter 392. 

and the party who finally recovers judgnaent in the suit shall 
be entitled to his costs, 
Ju'tice mav re- SECTION 12. The justice of said district court may retain 
cieuttopay for for his owu usc, from the fees received in said court, all sums 
speciauustices. paid by him for the services of any special justice : provided, 
the sum so retained shall not in any one year exceed eight 
per centum of the annual salary of such justice : but no jus- 
tice of said court shall receive any compensation besides his 
regular salary or allowances for making or issuing in any 
capacity, complaints, warrants, subpoenas or other process 
which he is by law authorized to issue, or for any service 
performed by him in the discharge of his official duties in 
said court. 
When to take SECTION 13. This act shall take effect, so far as relates to 
the appointment, commissioning and qualifying the justices 
of said district court, upon its passage, and it shall take full 
effect on the first day of August next. 

Approved May 26, 1871. 

Chctn 392 -^^ ■^^^ ^^ addition to an act relating to the increase of 

» ' CAPITAL STOCK BY CORPORATIONS. 

Be it enacted, ^t., as follows : 
Railroad au- SECTION 1. A railroad corporation authorized to increase 

creasl^capitai its Capital stock or to issuc additional shares of stock for any 
fJs°ue and seu"'^ purposc, shall, if the cash market value of its shares exceeds 
as wfn proIfJcl ^^^^ P^^' valuc thcrcof, sell and dispose of all shares of such 
the amount of ncw or additional stock for the benefit of the corporation 

authorized in- . ,, • n t • ii • i_ j i i 

crease. m the manner provided in this act ; and only such num- 

ber of shares shall be issued as, so sold and disposed of, will 
produce the amount necessary for the purposes for which 
such increase or issue is duly authorized by law. 
fe'red^for^afe^a^t SECTION 2. All sharcs SO issucd sliall bc offered for sale 
public auction, to the highest bidder at public auction in the city of Boston, 
Koticeofsaieto and uoticc of the time and place of such sale shall be pub- 
newspipeTs! '° lished at least five times during the ten days immediately 
preceding the sale, in the newspaper in which the general 
laws are published, and in two other daily newspapers in 
said city ; or, if the road of the corporation does not termi- 
nate in said city, such notice shall be published in the first- 
mentioned newspaper as aforesaid, and at least once a week 
for three successive weeks preceding tlie sale in one or more 
newspapers published in each county through or into which 
its road extends. 
oAnr.'^hriPf^" Section 3. Not exceeding two thousand shares of the 
be ottered for stock of auv such Corporation shall be offered for sale on 

sale on the same t^i i t i ini u • j 

day. one and the same day ; and no share shall be sold or issued 



1871.— Chapters 393, 394 755 

for a less sum to be actually paid in cash than the par value 
thereof. 

Section 4. So much of chapter one hundred and seventy- Repeal of incon- 
nine of the acts of the year eighteen hundred and seventy sionTiu^ib7ol 
as is inconsistent with the provisions of this act is hereby ^''•*' 
repealed ; and said act is so amended that any corporation Amendment, 
duly authorized to increase its capital stock may sell its 
shares at public auction for the benefit of the corporation : 
provided, that no share shall be sold or issued for a less sum Proviso, 
to be actually paid in cash than the par value thereof. 

Section 5. This act shall take effect on the first of 
August next. Approved May 26, 1871. 

An Act to amend chapter two hundred and sixty-four of the QJian. 393 

ACTS OF THE YEAR EIGHTEEN HUNDRED AND SEVENTY-ONE, RELA- -^' 

TIVE TO THE DISTRICT COURTS OF NORTHERN AND SOUTHERN 
BERKSHIRE. 

Be it enacted, Sfc, as follows : 

Section one of chapter two hundred and sixty-four of the :i\,™*^"^f !",* *° 
acts 01 the year eighteen hundred and seventy-one is hereby 
amended by striking out from the fourth and fifth lines the 
words, "the judgment of the court" and inserting in lieu 
thereof the words " the amount claimed in the writ." 

Apjyroved May 26, 1871. 

An Act to establish a better system of police. Chan. 394 

Be it enacted, Sfc, as follows : 

Section 1. The governor, with the advice and consent Three police 

., , 1,° . , T . . commissioners 

01 the council, shall appoint three police commissioners, to to be appointed 
hold office, one for one year, one for two years and one for andcouncST. 
three years from the first day of July in the year one thou- 
sand eight hundred and seventy-one, and annually after 
said first day of July shall appoint one such commissioner, 
who shall hold office for the term of three years, and when- 
ever a vacancy occurs the governor and council shall fill the 
unexpired term. 

Section 2. It shall be the duty of the said commissioners commissioners 
to appoint constables of the Commonwealth, not exceeding staWes'of^thT' 
seventy, as in their judgment may be required to faithfully notTxceeto"'^ 
execute the criminal laws of the Commonwealth. And seventy, 
said commissioners shall see to it that these officers are vigi- 
lant and faithful in the discharge of their duties. They 
shall listen to any complaints that may be made to them 
against said constables as to their maladministration or neg- 
lect of duty, give them a speedy hearing and continue or 
revoke their cominissions, as in their judgment justice and 
equity may require. They shall have power to make all 

42 



756 



1871.— Chapter 394. 



Compensation 
of commission- 
ers and allow- 
ance for travel- 
ling expenses. 



Chief of the 
force. 



Powers and 
duties of con- 
stables. 



Compensation 
of constables 
$1,L'00 a year, 
and travelling 
expenses. 

Fees and emol- 
uments receiv- 
ed by constables 
to be paid into 
the treasury. 



Commissioners 
to meet at least 
once a month. 

— to make an- 
nual report to 
the governor 
and councU. 



needful rules and regulations for the proper government of 
the constables appointed under this section. 

Section 3. The compensation of said commissioners 
shall be five dollars per day when employed in the discharge 
of their duties, with their actual travelling expenses ; but 
such compensation shall not exceed the sum of five hundred 
dollars per annum for each commissioner exclusive of travel- 
ling expenses. They shall designate and appoint one of the 
force provided for by section two of this act, as chief thereof 
and who shall have the command and direction of all tlie 
constables, subject to such rules and orders as the commis- 
sioners shall from time to time determine, and who shall 
receive an annual salary of three thousand dollars. He shall 
have an office in the city of Boston at such place as the 
commissioners approve. 

Section 4. The said constables shall have and exercise 
all the common law and statutory powers of constables, 
except the service of civil process, and also all the powers 
heretofore given to the constable of the Commonwealth or 
his deputies by the statutes of the Commonwealth, and their 
powers as constables shall extend throughout the Common- 
wealth. And the said constables shall at all times obey all 
orders of tlie governor in relation to the preservation of the 
public peace, or the execution of the laws throughout the 
Commonwealth, and it shall be their duty to see that the 
laws of the Commonwealtli are observed and enforced. 

Section 5. Each of said constables except the chief shall 
be paid monthly out of the treasury of the Commonwealth 
at the rate of twelve liundred dollars per annum, together 
with their actual travelling expenses, all fees which under 
the laws of the Commonwealth the said constables would be 
entitled to receive shall be paid into the treasury. All othe