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 0 ^ • 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 0 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 other
compensation and emoluments received by them shall be
paid over by them into the treasury and no salary shall be
paid to any deputy until such deputy has made oath that he
has paid over all such compensation and emolument. The
accounts of said constables shall be verified by their affida-
vits and approved by the board of commissioners hereby
appointed. The governor is hereby authorized to draw his
warrant upon the treasury for the pay of said commissioners
and constables.
Section 6. The said commissioners shall meet at least
once a month, and oftener when in their judgment the pub-
lic interest requires it. They shall by the thirty-first of
December in each year, report to the governor and council,
in writing, a particular account of the doings of the force
1871.— Chapter 394. 757
under their charge, for the twelve months preceding said
report.
Section 7. The governor shall have power at all times, Governor may
in any emergency, of which he shall be the judge, to assume mand'of pouce
command of the whole or any part of the municipal, police ^nd'autilorize
and constabulary force in any place, and to authorize the ciiief constable
,.- ,, •' T ,^ • • , '.1 .• to command
chief constable to command their assistance in the execution their assistance.
of criminal process, in suppressing riots, and in preserving
the peace.
Section 8. Whoever shall corruptly give, offer or prom- Penalty for
ise to any officer, appointed under the provisions of this act, temptfng^o^ '
any gift or gratuity whatever, with intent to induce such st'lbfe?' '^°'^'
officer to refuse or neglect faithfully and impartially to per-
form any of the duties of his office, shall be punished by
imprisonment in the state prison not exceeding five years,
or by fine not exceeding three thousand dollars, and im-
prisonment in the jail or house of correction not exceeding
one year.
Section 9. Any officer appointed under the provisions Penalty for re-
„ ,, . , , , •'„ T^ , .n. 1. 'i. ceiving a bribe.
of this act who shall corruptly accept a gitt or gratuity, or
a promise to make a gift or to do an act beneficial to him,
as an inducement to refuse or neglect faithfully and impar-
tially to perform any of the duties of his office, shall forfeit
his office, be forever disqualified to hold any public office,
trust or appointment under the constitution or laws of this
state, and be punished by imprisonment in the state prison
not exceeding ten years, or by fine not exceeding five thou-
sand dollars, and imprisonment in the jail or house of cor-
rection not exceeding two years. And when it shall be constable to
made to appear to said commissioners that such officer has fo/vfoiinmi'lf
been guilty of a violation of any of the criminal laws of the ^'^y c-immai
Commonwealth he shall be immediately discharged from
office and prosecuted by complaint or indictment for the al-
leged offence.
Section 10. Chapter two hundred and forty-nine of the Repeal,
acts of the year eighteen hundred and sixty-five, entitled an
act to establish a state police, and all acts and parts of acts
inconsistent with this act are hereby repealed ; but such re-
peal shall not affect any case pending in court or commenced
before the passage of this act. And the authority of the
constable of the Commonwealth is continued so far as it may
be necessary to complete the final disposition of any such
case.
Section 11. So much of this act as relates to the ap- -vnien to take
pointment of commissioners, shall take effect upon its pas- ^^'^*^**
sage, and the act shall take effect upon the first day of July
next. Approved May 26, 1871.
758
1871.— Chapters 395, 396.
Chap
Time for locat-
ing and con-
structing ex-
tended.
May enter upon
and unite witli
Vermont and
Massachusetts
and Cheshire
Kailroad, &c.
. 395 -A^^ Act to extend the time for locating and constructing the
BOSTON, BARRE AND GARDNER RAILROAD, AND TO AUTHORIZE CER-
TAIN contracts for the USE OF OTHER RAILROADS.
Be it enacted, ^c, as follows:
Section 1. The time for locating and constructing the
first and second sections of the railroad of the Boston, Barre
and Gardner Railroad Corporation is hereby extended two
years, and for locating and constructing the third section
thereof, three years beyond the time now allowed by law.
Section 2. Said corporation may, from the terminus of
its present railroad in Gardner, enter upon, run over and
use with its own motive power and cars, the railroad of the
Vermont and Massachusetts Railroad Company eastwardly, to
its junction with the railroad of the Cheshire Railroad Com-
pany in Ashburnham, and thence the railroad of said last
named company to its junction with the railroad of the Mo-
nadnock Railroad Company in Winchendon ; or, from said
terminus in Gardner, the railroad of the Vermont and Massa-
chusetts Railroad Company westwardly to its junction with the
railroad of the Ware River Railroad Company in Templeton,
and thence the railroad of said last named company to its
junction with the railroad of the Cheshire Railroad Company,
or the Monadnock Railroad Company in Winchendon, on
such terms and conditions as may be agreed between said
first named corporation and said other corporations upon
either route respectively.
Section 3. This act shall take effect upon its passage.
Approved May 27, 1871.
Chap. 396
Appropriations
authorized.
Widow of
Charles Mat-
toon.
New England
hospital for
women.
Eliza L. Free-
laud.
An Act making appropriations to meet certain expenditures
authorized the present year, and for other purposes.
Be it enacted, Sfc , asfolloios:
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 in certain acts and resolves of the present
year, and for other purposes, to wit : —
In the resolve, chapter eight, in favor of the widow of the
late Charles Mattoou, the sum of three hundred and forty-six
dollars and eighty-six cents.
In the resolve, chapter nine, in favor of the New England
hospital for women and children, the sum of one thousand
dollars.
In the resolve, chapter ten, in favor of Eliza L. Freeland,
the sum of two hundred and forty dollars.
1871.— Chapter 396. 759
In the resolve, chapter eleven, providing for the erection Hospital at
of a hospital at the state almshouse at Tewksbury, a sum not '^^ '" """y-
exceeding twenty thousand dollars.
In the resolve, chapter twelve, in favor of James M. "W. Yen-inton.^'
Yerrinton, the sum of six hundred and forty dollars.
In the resolve, chapter thirteen, in favor of Edward S. bS"*^^'^^^'
Phillirick, the sum of one thousand dollars.
In the resolve, chapter sixteen, in favor of Timothy Mur- Timothy Mur-
phy, the sum of two hundred dollars. ^^^'
In the resolve, chapter seventeen, in favor of the Spring- springfieid
field home for friendless women and children, the sum of less women, &,c!
two thousand dollars.
In the resolve, chapter eighteen, in favor of John Peck, J^^ii Peek,
the sum of one hundred and thirty-five dollars.
In the resolve, chapter nineteen, in favor of the house of ^u^gefguaJdilin.
the angel guardian, the sum of three thousand five hundred
dollars.
In the resolve, chapter twenty, in favor of Melia Walton, Meiiawaiton.
the sum of fifty-two dollars.
In the resolve, chapter twenty-two, in favor of the town of '^°^° °^ ^*°^'
Dana, the sum of one hundred and seventy-one dollars and
seven cents.
In the resolve, chapter twenty-three, in favor of the Dan- panvers sav-
vers savings bank, the sum of nine hundred dollars and fifty °
cents.
In the resolve, chapter twenty-four, in favor of disabled ^g^^g^^^*^ ^°*'
soldiers who served in Massachusetts regiments, a sum not
exceeding ten thousand dollars.
In the resolve, chapter twenty-six, in favor of the tempo- Discharged fe-
, r T ^ T i> 1 • ' xi x- i male prisoners.
rary asylum tor discharged temale prisoners, the sum oi two
thousand dollars.
In the resolve, chapter twenty-seven, in favor of the towns Pittsfieid, Han-
of Pittsfield, Hancock and Tyringham, the sum of eight hun- iugLm. ^^^'
dred and thirty-nine dollars and ninety-two cents.
In the resolve, chapter twenty-eight, in favor of the town ""'estport,
of Westport, the sum of forty-six dollars.
In the resolve, chapter thirty-one, in favor of James Swee- James Swee-
ney, the sum of one hundred and eighty-eight dollars.
In the resolve, chapter thirty-two, relating to evidence o^ ^^°
service of Massachusetts men during the war of eighteen hun-
dred and twelve, a sum not exceeding three hundred dollars.
In the resolve, chapter thirty-three, in aid of Dukes coun- fcadem''""''*^
ty academy, the sum of five thousand dollars.
In the resolve, chapter thirty-five, authorizing payment for ^°°:^^ f"' ^t**^
books furnished to the state prison, the sum of three hundred
and eighteen dollars and seventeen cents.
760
1871.— Chapter 396.
"Washingtonian
home.
Eye and ear in-
firmary.
Antietam
cemetery.
Edward F.
Campbell.
New Bedford
institution for
savings.
Towns of Ayer
and Maynard.
Office for har-
bor commis-
sioners.
Normal school-
house at Bridge-
water.
Gay Head pub-
lic-schools.
County maps.
Clerical assist-
ance for gover-
nor.
Police court in
Fitchburg.
Police court In
Holyoke.
Compensation
of senators and
representativss.
In the resolve, chapter thirty-nine, in favor of the Wash-
ingtonian home, the sum of six thousand dollars.
In the resolve, chapter forty, in favor of the Massachusetts
charitable eye and ear infirmary, the sum of six thousand
dollars.
In the resolve, chapter forty-one, in relation to the Antie-
tam national cemetry, the sum of one thousand five hundred
and seventy-four dollars.
In the resolve, chapter forty-two, in favor of Edward P.
Campbell, the sum of fifty-four dollars.
In the resolve, chapter forty-six, providing for the reim-
bursement of taxes paid by the New Bedford institution for
savings, the sum of six thousand nine hundred and sixteen
dollars and sixteen cents.
In the resolve, chapter fifty, to provide the towns of Ayer
and Maynard with law reports, general and special laws, etc.,
and standard weights, measures and balances, a sum not ex-
ceeding two thousand dollars.
In the resolve, chapter fifty-one, to provide the board of
harbor commissioners with office accommodations, a sum not
exceeding two thousand five hundred dollars.
In the resolve, chapter fifty-two, relating to the normal
school-house at Bridgewater, the sum of fifteen thousand
dollars, the same to be reimbursed in accordance with the
provisions of said resolve.
In the resolve, chapter fifty-four, granting aid to the town
of Gay Head for the support of its public schools, the sum
of fifty dollars, payable from the income of the Massachu-
setts school fund applicable to educational purposes.
In the resolve, chapter fifty-five, in relation to certain
county maps, a sum not exceeding four hundred and fifty
dollars.
In the resolve, chapter fifty-six, authorizing the governor
to employ additional clerical assistance, a sum not exceeding
four thousand dollars.
In the act, chapter eighty-six, relating to the police court
in Fitchburg, a sum not exceeding four hundred and twenty
dollars for the present year, for the salary of the clerk there-
in authorized.
In the act, chapter one hundred and seventy-three, estab-
lishing a police court in Holyoke, a sum not exceeding one
thousand three hundred and twenty-five dollars, for the sal-
ary of the standing justice of said court for the present year.
In the act, chapter one hundred and ninety, fixing the
compensation of the legislature, a sum not exceeding one
hundred and twenty-eight thousand dollars in addition to
1871.— Chapter 396. 761
the amount heretofore appropriated for the present year,
viz. : for the compensation of senators, nineteen thousand
dollars ; and for the compensation of representatives, one
hundred and nine thousand dollars.
In the act, chapter two hundred and seventy-seven, to in- Judge of pro-
crease the salary of the judge of probate for the county of
Suffolk, a sum not exceeding six hundred and fifty dollars,
in addition to the appropriation heretofore made for the
present year.
In the act, chapter two hundred and ninety-four, for estab- f^'^^^P"^"'^
lishing boundary lines of the state prison lands, a sum not
exceeding one hundred dollars, payable from the appropria-
tion for expenses of the state prison.
In the act, chapter two hundred and ninety-seven, relating Deputy insnr-
to insurance companies, a sum not exceeding three thousand 8ioner°™°"*'
three hundred dollars for the present year, viz. : for the sal-
ary of the deputy insurance commissioner, one thousand
nine hundred dollars ; for additional clerical assistance, one ciencai assist-
thousand one hundred dollars ; and for contingent expenses comingent ex-
attending the examinations therein authorized, three hundred pauses.
dollars.
In the act, chapter three hundred and two, to increase the Agent for dis-
expenditures and compensation of the agent for discharged vkur*^ ^°^'
convicts, a sum not exceeding two hundred and fifty dollars
for the expenditures and one hundred dollars for the salary
of said agent for the present year.
For contingent expenses of the senate and house of repre- contingent ex-
sentatives, and necessary expenses in and about the state andTiouse!"^ *
house, for the year eighteen hundred and seventy, a sum not ^' ''• ^'^' ^ ^~'
exceeding two hundred and fifty-six dollars and twenty-two
cents ; and a sum not exceeding three hundred dollars, in
addition to the amount heretofore appropriated for the pres-
ent year.
For books, stationery, printing and advertising, ordered ^j°°¥' '^Y^^°^-
by the sergeant-at-arms for the legislature, a sum not exceed- legislature^
ing three hundred dollars, in addition to the amount hereto- ^*'*" ^^^^' '*'
fore appropriated for the present year.
For expenses incurred in the placing and inauguration of statue of gov.
the statue of the late Governor Andrew, as authorized by
an order of the present legislature, a sum not exceeding one
thousand six hundred and fifty dollars.
For fees and expenses of summoning witnesses before Fees, &c., of
committees, and for the fees of such witnesses, a sum not fbre^commif-'
exceeding one thousand five hundred dollars in addition to 0.^8.15- 1869
the appropriation heretofore made for the present year. ^os.
762
1871.— Chapter 396.
Printing and
binding.
Kes. 1S56, 74,
Blanks, circu-
lars, &c.
Kes. 1856, 74.
Public docu-
ments.
G. S.4.
Postage, &c.,
for governor
and council.
Kes. 185G,.74.
Special laws.
Treasurer and
receiver-gen-
eral.
G. S. 14.
Apportionment
of state and
county taxes.
Expenses of
members of
board of agri-
culture.
G. S. 10.
Soldiers' and
sailors' testimo-
nials.
Quartermas-
ters' supplies.
1866,219; 1867,
266.
Militia bounty.
1866,219; 1867,
266.
Support and
burial of state
paupers.
For printing and binding, ordered by the senate or house
of representatives, or by the concurrent order of the two
branches, a sum not exceeding eight thousand dollars, in
addition to the appropriation heretofore made for the pres-
ent year.
For printing blanks and circulars, and the calendar of
orders of the day for the use of the house and senate, a sum
not exceeding three hundred dollars each, in addition to the
appropriations heretofore made for the present year.
For printing and binding the series of public documents '
in the last quarter of the year eighteen hundred and seventy,
a sum not exceeding twelve thousand dollars, in addition to
the amount heretofore appropriated.
For postage, printing and stationery for the governor and
council, a sum not exceeding four hundred dollars, in addi-
tion to the amount heretofore appropriated for the present
year.
For printing and binding the special laws, as authorized
by chapter twenty-oue of the resolves of eighteen hundred
and seventy, a sum not exceeding one thousand seven hun-
dred and thirty-one dollars and ninety cents, in addition to
the appropriation heretofore made.
For expenses of the department of the treasurer and
receiver-general, a sum not exceeding one thousand dollars,
in addition to the appropriation heretofore made for the
present year.
For the purchase of books, printing of blanks, and for
other contingent expenses connected with the apportionment
of state and county taxes, in accordance with the provisions
of chapter one hundred and twenty-five of the acts of the
present year, a sum not exceeding six thousand five hundred
dollars.
For the personal expenses of members of the board of
agriculture, in the year eighteen hundred and seventy, a
sum not exceeding seventy-six dollars.
For the purchase of soldiers' and sailors' testimonials, as
authorized by chapter fifty-three of the resolves of eighteen
hundred and sixty-nine, a sum not exceeding six thousand
dollars, in addition to the amount heretofore appropriated.
For quartermasters' supplies, a sum not exceeding eight
thousand dollars.
For militia bounty for the year eighteen hundred and
seventy, a sum not exceeding fifty dollars.
The unexpended balances of appropriations made in the
years eighteen hundred and sixty-seven to eighteen hundred
1871.— Chapter 396. 763
and seventy, inclusive, for the support and burials of state
paupers, are hereby re-appropriated for the same purposes.
For expenses of coroners' inquests for the year eighteen coroners' m-
hundred and seventy, a sura not exceeding fifty dollars. gUIW, irs.
For the repair of damages caused by lightning to the Repairs of
house at Rainsford Island, a sum not exceeding three hun- aud?""'^
dred dollars. g. s.7i.^
For expenses attending the arrest of fugitives from jus- Fupritivel from
tice, a sum not exceeding one thousand five hundred dollars, g. 6.177.
in addition to the amount heretofore appropriated for the
present year.
For necessary expenditures under the provisions of chap- ^^^j"Jj?°g ., .
ter four hundred and forty-six of the acts of the year eighteen Boston "harbor.
hundred and sixty-nine, relating to the purchase of certain
lands for the benefit of the Commonwealth's flats in Boston
harbor, a sum not exceeding twenty thousand dollars.
For the compensation and expenses of the commissioner Bonndaryiinos
appointed under authority of chapter sixty-seven of the re- *** ^'^^ ^^^'^'
solves of the year eighteen hundred and sixty-six, relating to
the establishment of boundary lines at Gay Head, a sum
not exceeding one thousand and fifty-one dollars.
For expense incurred under authority of chapter sixty-two Settlement of
of the resolves of the year eighteen hundred and seventy, commonwealth
relating to the settlement of claims between the Common- GreeuMdTali-
wealth and the Troy and Greenfield railroad company, a road company.
sum not exceeding fifty- nine thousand sixteen dollars and
eighty-seven cents.
For any expenses incurred in accordance with the provi- ^I'^front^^f state
sions of chapter forty of the resolves of the year eighteen H^^^f ^^ *^'^'"'
hundred and sixty-seven, relative to the laying out of a
public square in front of the state arsenal at Cambridge, a
sum not exceeding three hundred dollars.
For the payment of state aid, as authorized in sundry acts state aid under
and resolves, a sum not exceeding five hundred dollars.
For steam-heating and gas apparatus, additional furniture. Normal ^fchooi
etc., for the normal school boarding-house at Framingham, a at Framing-
sum not exceeding one thousand nine hundred and eighty- igss/oe.
one dollars and thirty-one cents, in addition to the appropria-
tion heretofore made, and payable from the income of the
Massachusetts school fund applicable to educational pur-
poses.
For the purchase of a boat for the use of the general ^°^l;l°Jf^sml^^
agent of the board of state charities in boarding emigrant ciiarities.
vessels, a sum not exceeding two hundred dollars.
For sundry small items of expenditure due and unpaid in Deficiencies in
the year eighteen hundred and seven±y and previous years, ^^™' ^^'
43
Chap. 397
764 1871.— Chapters 397, 398.
a sum not exceeding five hundred dollars, which shall be
allowed and paid.
sur*eou^%u-^ •'^^^ ^^^® mcsscnger of the surgeon-general two hundred
eraf. dollars, in addition to the amount heretofore appropriated,
which shall be allowed and paid.
Section 2. This act shall take effect upon its passage.
Approved May 31, 1871.
An Act relating to south bay and the commonwealth's
flats near south boston.
Be it enacted, Sfc, as follows :
Kes.1871, 91, SECTION 1. Nothing contained in chapter ninety-one of
action under tlic rcsolves of tlic currcnt year, entitled " A Resolve concern-
335!ofi87M72. hig the Commonwealth's flats near South Boston," shall
operate so as to suspend action under chapter three hundred
and seventy-two of the acts of the current year, entitled
" An Act in addition to certain acts for the improvement of
the harbor of Boston and the Commonwealth's flats therein,"
or under chapter three hundred and thirty-five of the acts of
the current year, entitled " An Act for the improvement of
navigation in South Bay and the modification of its harbor
lines," or under chapter three hundred and twenty-six of the
acts of the year eighteen hundred and sixty-eight, entitled
" An Act in addition to an act for the improvement of the
harbor of Boston and the Commonwealth's flats therein."
Section 2. This act shall take effect upon its passage.
Approved May 31, 1871.
An Act in addition to an act making appropriations to meet
certain expenditures authorized the present year, and
for other purposes.
Be it enacted, §'c., as follows:
Appropriations SECTION 1. The sums hereinafter mentioned are appro-
&iiLiioriz6ci*
priated to be paid out of the treasury of the Commonwealth,
from the ordinary revenue, except in cases otherwise ordered,
for the purposes specified in several acts and resolves of the
present year, and for other purposes, to wit : —
Museum of In the resolve, chapter fifty-nine, in favor of the museum
zoology. ^|. 2oology, the sum of fifty thousand dollars.
wiiiiam^s. In the resolve, chapter sixty, in favor of William S. Shurt-
leff, the sum of seventy-five dollars.
William A. In the resolve, chapter sixty-two, in favor of William A.
Kenrick, the sum of seven hundred and eighty dollars.
Henr^ J. In the resolve, chapter sixty-three, in favor of Henry J.
^^' Coolidge, the sum of five hundred dollars.
William Wash- In the rcsolvc, chapter sixty-four, in favor of William
Washburn and Son, the sum of eight thousand dollars.
Chap. 398
1871.— Chapter 398. 765
In the resolve, chapter sixty-five, relative to a school at school at Hoc-
the Hoosac tunnel, the sum of three hundred dollars, payable
from the income of the Massachusetts school fund applicable
to educational purposes.
In the resolve, chapter sixty-six, concerning a state prison state prison for
for women, a sum not exceeding five hundred dollars. women.
In the resolve, chapter seventy, in favor of Adeline Y. ^tgyeng^'
Stevens, the sum of one hundred and ninety-two dollars.
In the resolve in favor of Barnard C. Marchant, the sum Barnard c.
of thirty-seven dollars and sixty-four cents. Marchant.
In the resolve providing for the repair and improvement of state house.
the state house, a sum not exceeding five thousand dollars.
In the resolve in favor of the discliarged soldiers' employ- Discharged soi-
ment bureau, the sum of three thousand dollars. *^'®'*"
In the resolve providing for the erection of a building for Almshouse at
the harmless and incurable insane at the state almshouse at I'^wksbury.
Tewksbury, a sum not exceeding twenty-five thousand
dollars.
In the resolve for supplying breech-loading arms to the Breech-ioading
volunteer militia, a sum not exceeding fifty thousand dollars. ^''™^*
In tlie resolve relating to the compensation of the lieu- Lt.-governor
tenant-governor and council, a sum not exceeding two thou- *^'"* <'°"'^<'^-
sand dollars in addition to the appropriation heretofore made
for the present year.
In the resolve relating to the compensation of the chaplains, Mossengers,&c.,
doorkeepers, messengers and pages of the senate and house aLdhou'sef *"
of representatives, a sum not exceeding five thousand nine
hundred dollars, viz. : for the compensation of chaplains, four
hundred dollars ; and for the compensation of doorkeepers,
messengers and pages, five thousand five hundred dollars ;
the same to be in addition to the appropriations heretofore
made for the present year.
In the resolve in favor of the Worcester manufacturers' TVorcester m.
mutual insurance company, the sum of three hundred ^- 1- company,
twenty-four dollars and thirty-two cents.
In the resolve in favor of George Rice, the sum of one George Eice.
thousand five hundred dollars.
In tlie resolve in relation to the agricultural college, the Agricultural
sum of fifty thousand dollars ; and also a sum not exceeding *=°'i*^se.
one hundred and forty-two thousand dollars for payment to
the fund therein specified.
In the resolve relating to the compensation of the assistant- Assistant-
clerks of the senate and house of representatives, the sum of *^^'^'"'^^-
fifteen hundred and fifty dollars.
In the resolve in favor of Hannah M. Needham, the sum Hannah m.
of one hundred and seventy-two dollars. Needham.
766
1871.— Chapter 898.
Police courts of
Haverhill and
Fall River.
Coroners'
quests.
Jail at Green-
field.
Clerk dig. ct. for
S. Berkshire.
Clerk dis. ct.for
N. Berkshire.
Deputy tax
commissiouer.
Police.
Assistant regis-
ter for Norfolk.
Adjutant-Gen-
eral's clerks.
Auditor and
Treasurer's
clerks.
Dist. Court for
S. Worcester.
In the act, chapter three hundred and fourteen, to increase
the salaries of the clerks of the police courts of Haverhill
and Fall River, a sum not exceeding one hundred dollars for
each in addition to the appropriations heretofore made for the
present year.
In the act, chapter three hundred and forty-one, relating
to coroners' inquests, a sum not exceeding one thousand dol-
lars in addition to the amount heretofore appropriated for the
present year.
In the act concerning the use of the jail at Greenfield for
female prisoners, a sum not exceeding two thousand dollars.
In the act authorizing the appointment of a clerk for the
district court of Southern Berkshire, a sum not exceeding
two hundred dollars, for the salary of said clerk for the pres-
ent year.
In the act fixing the salary of the clerk of the district
court of Northern Berkshire, a sum not exceeding four hun-
dred dollars in addition to the amount heretofore appro-
priated for the present year.
In the act fixing the salary of the deputy tax commissioner,
the sum of five hundred dollars in addition to the amount
heretofore appropriated for the present year.
In the act to establish a better system of police, a sum not
exceeding eighteen thousand five hundred dollars in addition
to any balances of the several appropriations heretofore made
for the compensation and expenses of the state police for the
present year which may remain unexpended, such balances
being hereby made applicable under the provisions of said
act.
In the act to establish the salary of the assistant register of
probate and insolvency for the county of Norfolk, the sum of
three hundred dollars in addition to the appropriation here-
tofore made for the present year.
In the act to establish the salaries of certain extra clerks
in the adjutant general's department, the sum of four hun-
dred dollars ; and also a sum not exceeding one hundred and
five dollars for additional clerical assistance in addition to
the appropriation heretofore made for the present year.
In the act to establish the salaries of the second or first
assistant clerk in the department of the auditor of accounts,
and of the first assistant clerk in the department of the treas-
urer and receiver-general, the sum of six hundred dollars in
addition to the appropriations heretofore made for the present
year.
In the act to establish the first district court of Southern
Worcester, a sum nut exceeding seven hundred and twenty-
1871.— Chapter 398. 767
five dollars for the salary of the standing justice of said court
for the present year.
In the act to establish the salaries of the justice and clerk Municipal ct.
of the municipal court of the southern district of Boston, the Boston."^* °
sum of twelve hundred dollars, viz. : for the salary of the
justice, seven hundred dollars ; and for the salary of the
clerk, five hundred dollars ; the same to be in addition to the
appropriations heretofore made for the present year.
For the compensation and expenses of the commissioners commissioners
on Cape Cod harbor, appointed under the provisions of chap- ^Irhl^^ ^°'^
ter eighty-six of the resolves of eighteen hundred and sixty-
seven, a sum not exceeding three hundred ninety-five dollars
and thirty-three cents in final settlement, and payable when-
ever said commissioners shall have paid into the state treas-
ury the Commonwealth's funds in their possession.
For the purchase of stationery for the secretary's depart- stationery for
ment under the provisions of chapter two hundred and ^^^^^ ^'^"
twenty-four of the acts of the year eighteen hundred and
seventy, concerning manufacturing and other corporations,
a sum not exceeding five hundred dollars.
For the reimbursement of the Massachusetts infant asylum infant asylum.
for the support of infants having no known settlement in the
Commonwealth, a sum not exceeding three thousand dollars.
For the phonographic report of hearings before the com- phonographic
mittee on the state police, a sum not exceeding one thousand report,
three hundred seventeen dollars and fifty cents.
For newspapers ordered by the clerk of the Senate, in com- Newspapers.
pliance with its order, for the use of the members, a sum not
exceeding fifty dollars, which shall be allowed and paid ; and
for newspapers ordered by the clerk of the house of repre-
sentatives, in compliance with its order, for the use of the
members, a sum not exceeding forty five dollars, which shall
be allowed and paid.
For expenses incurred under authority of chapter sixty-two settlement of
of the resolves of the year eighteen hundred and seventy, commonwraith
relating to the settlement of claims between the Common- l"!^™-^ {i?'^ ^
wealth and the Troy and Boston railroad company, a sum company.
not exceeding fifty-nine thousand sixteen dollars and eighty-
seven cents, in lieu of the appropriation heretofore made in
another appropriation bill of the present year for the settle-
ment of claims between the Commonwealth and the Troy
and Greenfield railroad company.
For the assistant messenger of the governor and council, Asst.-messen-
two hundred dollars in addition to the amount heretofore ludcouncu.
appropriated.
Section 2. This act shall take effect upon its passage.
Approved May 31, 1871.
768 1871.— Chapter 399.
Chat) S99 -^^ ■^'^'^ ^^ FURTHER ADDITIOX TO AN ACT MAKING APPROPRIATIONS
■* * TO MEET CERTAIN EXPENDITURES AUTHORIZED THE PRESENT
YEAR, AND FOR OTHER PURPOSES.
Be it enacted, Sfc, as follows :
autiionzid^°°^ SECTION 1. The siims hereinafter mentioned are appro-
priated to be paid out of the treasury of the Commonwealth
from the ordinary revenue, except in cases otherwise ordered,
for the purposes specified in certain acts and resolves of the
present year, and for other purposes, to wit : —
Troy and Green- YoY additional allowaucc in full on account of repairs of
Repairs. ' the Troy and Greenfield railroad, as authorized by chapter
two hundred and fifty-two of the acts of the year eighteen
hundred and seventy, and by chapter one hundred and fifty-
three of the acts of the present year, a sum not exceeding
forty-two thousand one hundred and sixty dollars and twenty-
one cents.
Section 2. This act shall take effect upon its passage.
Approved May 31, 1871.
RESOLVES,
GEIiTERAL AND SPECIAL.
Resolve in favor of edwin chase. Chan 1
Resolved, That there be allowed and paid out of the Allowance for
treasury of the Commonwealth, the sum of forty-two dollars mileage,
to Edwin Chase, in payment of mileage and per diem allow-
ance for the time he was a member of the senate at the
present session. Approved January 24, 1871.
Resolve authorizing the treasurer to borrow money in an- QJifin 2.
TICIPATION OF the REVENUE. -'
Resolved, That the treasurer and receiver-general be, and ^orfo^^'nionej
lie hereby is, authorized to borrow, in anticipation of the to meet ordi-
• j^ p .y , 1 /. nary demands
receipts or the present year, such sums or money as may, upon treasu»y.
from time to time be necessary for the payment of the ordi-
nary demands on the treasury, at any time before the expi-
ration of fifteen days after the meeting of the next general
court, at such rates of interest as shall be found necessary ;
and that he repay any sum he may borrow under this re-
solve, as soon as money sufficient for the purpose, and not
otherwise appropriated, shall be received into the treasury.
Approved January 25, 1871.
Resolve to aid in the suppression of contagious diseases rrL^^ q
AMONG CATTLE. Kyllup. O.
Resolved, That there be allowed and paid out of the Allowance of
treasury, a sum not exceeding five thousand dollars to be minatin? con- *"'
expended under the direction of the cattle commissioners ^f'°s| "^^"^^
for the purpose of exterminating contagious cattle diseases
in the state, the same to include all expenditures heretofore
made, and the same is hereby appropriated.
Approved February 7, 1871.
Resolve in relation to the boston, hartford and erie rail- ri] ^^ a
ROAD COMPANY. U/i«^^. 4t.
Resolved, That authority be, and is hereby given to his Governor
excellency the governor, at his discretion, to take such enfo^cinght"
measures as he shall deem proper and expedient to main- ?f '*^**], ,5'°'^^'"
tain and enforce the rights and interests of the Common- bonds of bos-
770 1871.— Chapters 5, 6, 7, 8.
ton, Hartford wealth ill and under the bonds of the Boston, Hartford and
road Company. Erie Railroad Company, secured by a mortgage made by
said company to Robert H. Berdell and others, trustees,
dated March nineteenth, in the year one thousand eight hun-
dred and sixty-six, and to appoint and employ such agents
or attorneys as he may deem necessary for this purpose.
o/lso m*^""^ -^^^ ^^^^^ ^'^^ ^^^® expenses incurred in the execution of this
resolve, the governor be, and he is hereby authorized to
draw his warrant on the treasury to an amount not exceed-
ing in all, the sum of fifty thousand dollars, and the same
is hereby appropriated. Approved February 7, 1871.
Chop. 5. Resolves concerning a bust of george s. boutwell.
Acceptance of Resolved, That the legislature of Massachusetts accept
s^Bou^tweuf^^ from Isaac Rich and others the marble bust of George S.
Boutwell ; and that the thanks of the legislature be and are
hereby tendered to said donors for the same.
piaelcHn^state Resolved, That the bust be placed in the state library
ubrary. undcr the direction of the president of the senate and the
speaker of the house of representatives, there to remain
until the further order of the legislature.
Approved February 7, 1871.
Chan. 6. Resolve authorizing the destruction of certain plates and
"' ' printed impressions of bonds.
whkhbon^s Resolved, That all plates from which have been struck
havebe^en bouds of the Commouwealth, the issue of which has ceased,
strucK lIig 1SS116
of whi'ch has and all printed impressions of bonds which are not to be
pressio'n's notTo issucd, be destroyed ; and the president of the senate and
desuo"/ed.*° ^^ Speaker of the house of representatives respectively, are
hereby authorized to appoint a committee of two senators
and three representatives to carry into etfect this resolve.
Approved February 7, 1871.
Chan. 7. Resolve authorizing the county commissioners for the
"' ' county of WORCESTER TO BORROW MONEY.
of"v\™!-certer" Resolved, That the county commissioners, for the county
''°""l''.!?i*/.I^°J'" of Worcester are hereby authorized to borrow, on the credit
row $100,000 to n 'J . ''c i 0- UJJ
build jail and 01 said couuty, a suiu 01 moucy not exceedmg one hundred
tionf°^'^''"^°" thousand dollars, to be expended in building a county jail,
to be used also as a house of correction, at Worcester, in
said couuty. Approved February 7, 1871.
Chap. 8. Resolve in favor of the widow of the late charles mat-
" toon.
Allowance of Resolved, That there be allowed and paid to Lucia A.
i^^Mattoon!'"'* Mattoou, widow of the late Charles Mattoon, at the time of
his death judge of probate and insolvency for the county of
1871.— Chapters 9, 10, 11, 12. 771
Franklin, the sum of three hundred and forty-six dollars and
eighty-six cents, for the salary to which he would have been
entitled for the remainder of the year, if living.
Approved February 13, 1871.
Resolve in favor of the np:w England hospital for women (7/^^^ 9
and childrkn. "'
Resolved, That there be allowed and paid to the New Eng- Allowance of
land Hospital for Women and Children, out of the treasury tit'of indigen"^"
of the Commonwealth, the sura of one thousand dollars, to Patients.
aid ill defraying the expenses of indigent patients in said in-
stitution : provided, that the secretary and agent of the board Provisos.
of state charities shall have authority to visit said hospital for
the examination of cases of pauperism ; and the agent shall
use all reasonable care to collect the cost of support in such
cases from parties legally chargeable therewith, and to re-
move patients having no settlement in this Commonwealth ;
and provided, also, that an equal amount shall be raised from
other sources for the purposes of the institution ; and pro-
vided, also, that the managers of said hospital shall report to
the board of state charities as required by chapter two hun-
dred and forty-three of the acts of the year eighteen hundred
and sixty-seven. Approvrd February 20, 1871.
KeSOLVE in favor of ELIZA L. FREELAND. Ckcip. 10.
Resolved, That there be allowed and paid to Eliza L. Allowance of
Freeland, guardian of John L. and Franklin G. Mandeville, ^~^o for state
the sum of two hundred and forty dollars, being the sum
due, including interest, to the said John L. and Franklin
G. Mandeville for state aid. Approved February 24, 1871.
Resolve providing for the erection of a hospital at tewks- m -i i
BURY. ^^^P- 11-
Resolved, That there be allowed and paid out of the Allowance of
treasury, for the purpose of erecting, furnishing and heating ^on^of uospUai!
a hospital, at the state almshouse at Tewksbury, of sufficient
capacity to accommodate one hundred and sixty patients, a
sum not exceeding twenty thousand dollars ; and that the
board of inspectors and superintendent of said institution
constitute a commission to carry the same into effect ; said
appropriation to be payable upon properly approved vouchers,
filed with the auditor. Approved March 8, 1871.
Resolve in favor of james m. w. yerrinton. Chan 12
Resolved, That there be allowed and paid from the Allowance of
treasury to James M. W. Yerrinton, the sum of six hun- of^e^-'^eiicrbe-
dred and forty dollars in full compensation for report of fore committee
the evidence and arguments in the hearings before the ""^ ^'^'^^^'^i'^-
772 1871.— Chapters 13, U, 15, 16, 17.
legislative committee on railways of the year eighteen hun-
dred and seventy, in the matter of the Boston, Hartford
and Erie Railroad Company. Approved March 11, 1871.
Chan 13 Resolve in favor of edward s. philbrick.
Allowance of Resolved, That there be allowed and paid out of the
fi'Ooo to Edwd. treasury to Edward S. Philbrick the sum of one thousand
S. Philbrick. jn.^i. . „
dollars in lull compensation for services rendered the state
in relation to the Boston, Hartford and Erie Railroad.
Approved March 11, 1871.
Chat) 14. Resolve in relation to soldiers' testimonials.
Adjutant-gen- ResoIvcd, That the adjutant-general deliver testimonials,
testimonlarto Provided for in the fifty-third chapter of the resolves of the
certain soldiers year eighteen hundred and sixty-nine, to all soldiers and
in the regular sailoi's wlio ciilisted in the regular army and navy between
army and navy, ^pj-n sixteenth, eighteen hundred and sixty-one, and March
seventeenth, eighteen hundred and sixty-three, upon their
producing satisfactory proof that they were residents of
Massachusetts at the time of their enlistments, and have
been honorably discharged from service.
Approved March 18, 1871.
Chan 1 5 Resolve to authorize the issue of arms to the dean academt.
Governor may Resolved, That the govcrnor be and hereby is authorized
issue arms for to issuc to thc president of Dean Academy of Franklin, such
US8 Ol DUDlIS 01 •/ /
Dean Academy arms for tlic usc of tlic pupils of said academy, as in his
of Franklin, judgment, may be so distributed without detriment to the
militia service : provided, the president and faculty of said
Dean Academy shall give a bond, with sufficient sureties,
for the return of said arms in good order and condition,
whenever the governor shall so direct.
Approved March 22, 1871.
Chan 1 fi Resolve in favor of timothy murphy.
Allowance of Resolvcd, That there be allowed and paid out of the
$200 for injuries treasury to Timothy Murphv, the sum of two hundred
Hoosac tunnel, dollars, for iiijurics sustained at the Hoosac tunnel while in
the employment of the Commonwealth.
Approved March 22, 1871.
Chap. 17.
Resolve in favor of the Springfield home for friendless
women and children.
Allowance of Resolved, That there be allowed and paid out of the
suniis'reaUzed^ treasury the sum of two thousand dollars to the Springfield
fro'mfrivatr''" Homc for Frieiidlcss Women and Children : provided, that
donations. the said institution shall, during the current year, realize a
like sum from private donations, a sworn certificate of which
1871.— Chapters 18, 19, 20, 21. 773
shall be deposited with the auditor before said sum of two
thousand dollars shall be paid from the treasury. Tlie man- Managers to re-
agers of said home shall report to the board of state chari- shuVchariUes!
ties, as required by chapter two hundred and forty-three of
the acts of the year eighteen hundred and sixty-seven.
Approved March 22, 1871.
Resolve ix favor of john peck. Chap. 18.
Resolved. For reasons set forth in the petition of John Allowance of
•■-k ^nT tor st&t6
Peck, that there be allowed and paid out of the treasury to aid.
said petitioner, the sum of one hundred and thirty-five dol-
lars for state aid. Approved March 24, 1871.
Resolve in favor of the house of the angel guardian. Chap, 1 9.
Resolved^ That there be allowed and paid out of the Allowance of
treasury the sum of thirty-five hundred dollars, to the trus- sunf is realized
tees of The House of the Angel Guardian in Boston : pro- ^^om f tiHr ^'"
vided, that a like sum of thirty-five hundred dollars shall be sources.
realized by said trustees from other sources, during the cur-
rent year, a sworn certificate of which shall be deposited
with the auditor of the Commonwealth, before the said sum
of thirty-five hundred dollars shall be paid from the treasury.
The trustees of said institution shall annually report to the Trustees to re-
board of state charities an account of their receipts and ex- ?o bVarfof'^^
penditures, in accordance with the provisions of chapter two state chanties.
hundred and forty-three of the acts of the year eighteen
hundred and sixty-seven ; and said board shall have the
right at all times to visit and inspect said institution.
Approved March 24, 1871.
Resolve in favor of melia walton. Chan 20
Resolved, That there be allowed and paid out of the Allowance of
treasury to Melia Walton, the sum of fifty-two dollars, f?^ ^°'^ ^^^^^
being the amount of state aid to which she was entitled
from December first, eighteen hundred and sixty-nine, to
June sixteenth, eighteen hundred and seventy.
Approved March 24, 1871.
Resolve in favor of margaret k. dearborn. Chan 21.
Resolved, That there be allowed and paid to Margaret K. Allowance for
Dearborn, widow of George A. Dearborn, for herself and ^''^'^^ •
minor children, state aid from and after April first, eighteen
hundred and seventy, to the same amount that she would
have been entitled, had her husband died while in the ser-
vice of the United States. Approved March 24, 1871.
774 1871.— Chapters 22, 23, 24, 25.
Chap. 22. Resolve in favor of the town of dana.
$i7i!o7"tTtoin Resolved, That for reasons set forth in the petition of
of Dana. the overseers of the poor of the town of Dana, there be al-
lowed and paid out of the treasury to said town the sum of
one hundred and seventy-one dollars and seven cents.
Approved March 24, 1871.
Chap. 23. Resolve in favor of the danvers savings bank.
Allowance of Resolved, That there be allowed and paid out of the
$t)00.50 tor over- , ^ ii r. n • -r. i i ^ • i
paid bank tax. treasury, to the JJanvers bavnigs Bank, the sum oi nine hun-
dred dollars and fifty cents, being for reimbursement of
bank tax overpaid by said corporation.
Approved March 24, 1871.
Chap. 24. Resolves in favor of disabled soldiers who have served in
MASSACHUSETTS REGIMENTS.
^Ji'^^^Y^f^^ Resolved, That there be allowed and paid out of the
$10,000 to the ', 1/-1/-I 111
snrgeou-gen- treasury to the surgeon-general oi tlie Commonwealth the
difiwed soi-^ ° sum of ten thousand dollars, the same to be expended in
diers. making provision for the proper care of such disabled sol-
diers as have served in Massachusetts regiments, and who are
in his judgment proper objects of special aid on the part of
the state ; the surgeon-general, in caring for such soldiers,
to have a humane reference to their being near their homes
and friends ; also to have power to use such portion of the
above appropriated sum as he may deem necessary in aid of
the widows or orphans of those who have lost their lives
erafto nilkl ^^^^m scrvico iu Massacliusctts regiments. Said surgeon-gen-
quarteriy report eral to make a Quarter-vearly report of his doings under this
toKOvernoraud i^j.i i-i
council. resolve to the governor and council.
repeaieV.^^^'^^' Resolved, That chapter fifty-one of the resolves of the year
eighteen hundred and seventy is hereby repealed, and that
the governor and council are hereby authorized to pay to
the commissioners appointed under said chapter fifty-one of
the resolves of said year, such compensation as shall appear
$1,200 may be to bc duc Said commissioiicrs for services rendered; also
used to pay , ,.,.,. .
debts of dis- that the surgeon-general be allowed, in his discretion, to ex-
diers^home. pcud a sum froiii the above appropriation not exceeding
twelve hundred dollars in liquidation of any debts that may
have been incurred by the " Discharged Soldiers' Home, in
Boston," so called, in support of the diseased or disabled
soldiers of Massachusetts regiments.
Approved March 29, 1871.
Chan 25 Resolve granting taxes to the several counties.
County taxes. Resolved, That the sums placed against the names of the
several counties in the following schedule be, and are hereby
1871.— Chapters 26, 27, 28. 775
granted as a tax for each county respectively, to be collected
and applied according to law, viz. : —
Barnstable. — Fifteen thousand dollars.
Berkshire. — Sixty-seven thousand dollars.
Bristol. — Seventy thousand dollars.
Dukes. — Four thousand eight hundred dollars.
Essex. — One hundred and twenty thousand dollars.
Franklin. — Thirty thousand dollars.
Hampden. — Thirty-nine thousand four hundred dollars.
Hampshire. — Thirty-six thousand dollars.
Middlesex. — One hundred and sixty thousand dollars.
Norfolk — Sixty-five thousand dollars.
Pit/month. — Forty thousand dollars.
Worcester. — One hundred and twenty thousand dollars.
Approved March 31, 1871.
KeSOLVE in aid of the temporary asylum for discharged FE- CJJifin 26
MALE prisoners AT DEDHAM. / . «. »
Resolved., That there be allowed and paid out of the Allowance of
treasury the sum of two thousand dollars to the Temporary fmn*^i*s realized
Asylum for Discharged Female Friswiers at Dedham : pro- fronfotUeV*^^^
vided, that a like sum shall be realized during the current sources,
year by private donations, a sworn certificate of which shall
be deposited with the auditor of the Commonwealth before
said sum of two thousand dollars shall be paid out of the
treasury. The managers of said asylum shall report to the
board of state charities an account of its receipts and expen-
ditures for the current year, in accordance with the pro-
visions of chapter two hundred and forty-three of the acts of
the year eighteen hundred and sixty-seven.
Approved April 3, 1871.
KeSOLVE allowing TO THE TOWNS OF PITTSFIELD, HANCOCK AND flffjy. O"?
TYRINGUAM, CERTAIN SUMS DUE AS CORPORATION TAXES. J . -O »
Resolved^ That there be allowed and paid from the treas- Allowance for
ury to the town of Fittsfield, one hundred and thirty-two taxes!^'^''"'^
dollars and fifty-one cents ; to the town of Hancock the sura
of one hundred and seventy-two dollars and seventy-eight
cents ; and to the town of Tyringham the sum of five hun-
dred and thirty-four dollars and sixty-three cents ; the same
being due said towns as corporation taxes.
Approved April 14, 1871.
Resolve in favor of the town of westport, for aid furnished Qfif^n 28
TO AMELIA P. LEWIS. "'
Resolved, Tiiat for reasons set forth in the petition of the Allowance of
overseers of the poor of the town of Westport, there be |^^,^' '"^^ ^^'^'^
776
1871.— Chapters 29, 30, 31, 32.
Board of educa-
tion released
from payment
of interest on
amounts receiv-
ed for building
boarding-houses
at Framiugham
and Bridge-
water.
Proviso.
allowed and paid out of the treasury to said town, the sum
of forty-six dollars, for aid furnished to Amelia P. Lewis.
Approved April 14, 1871.
Chcip. 29. Resolve relating to the normal school boarding-houses at
FRAMINGHAM AND BRIDGEWATER.
Resolved, That the board of education are hereby released
from the payment of interest on the amounts received from
the Massachusetts school fund for building and furnishing
boarding-houses for the normal schools at Framingham and
Bridgewater, 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 from paying the insur-
ance thereon, as required by said resolves : provided, that
the deficit of income occasioned by such release shall be de-
ducted from the moiety of the income of the school fund
applicable to educational purposes, in such manner as not to
affect the amount to be apportioned and distributed for the
support of public schools. Approved April 19, 1871.
Resolve in favor of the guardian of Chester b. Roberts,
Resolved, That the conveyances of the lands of Chester
B. Roberts, in Lynn, by his guardian, Mary J. Roberts,
under licenses from the probate court for the county of Es-
sex, are hereby confirmed and made valid to pass an estate
in fee simple in and to the lands tberein described.
Approved April 19, 1871.
Resolve in favor of james sweeney.
Resolved, That there be allowed and paid out of the treas-
ury the sum of one hundred and eighty-eight dollars to
Charles M. Duncan, as guardian of James Sweeney, for state
aid. Approved April 19, 1871.
Resolve directing the adjutant-genekal to obtain certain
evidences of the service of MASSACHUSETTS MEN DURING
THE WAR OF EIGHTEEN HUNDRED AND TWELVE.
Adjutant-gen- Resolved, That the adjutant-general is hereby authorized
^vtdenc^e'^of"^ and directed to obtain the original or duly attested copies of
lachusetts^loi- ^^^^ pay-rolls, muster-rolls, and the other evidence of service
d^ers in war of of Massacliusctts mcu, who scrvcd in the army or navy of
the United States, during the war of eighteen hundred and
twelve, now in the possession of the United States govern-
ment at Washington. Approved April 19, 1871.
Chap. 30.
Conveyances
made valid.
Chap. 31.
Allowance for
state aid.
Chap. 32.
1812.
1871.— Chapters 33, 34, 35, 36, 37, 38. 777
Resolve in aid of dukes county academy. Chci)>. 33.
ResolvecL That there be allowed and paid out of the treas- Allowance of
ury the sum of five thousand dollars to the trustees of '
Dukes County Academy, to be expended m aid of said
institution. Approved April 19, 1871.
Resolve in favor of matilda French. Chnn '^4.
Resolved, That for reasons set forth in the petition of Allowance for
Matilda French, as guardian of Ida M. and Addie E. Eddy, state aid.
there be allowed such state aid from January first, eighteen
hundred and seventy-one, as they would have received had
they always resided in this state. Approved April 28, 1871.
Resolve for the payment of certain sums due for books Chap. 35.
FURNISHED TO THE STATE PRISON.
Resolved, That there be allowed and paid out of the treas- :^™T*="? ??p-
1 ■ . T-i • -r»ii' ■ m • f rt t'^* "ublication
ury to the American Jiaptist rublication bociety oi Jtsoston, society, a. f.
the sum of twenty dollars and fifty-five cents ; to Andrew P. Ay'Yo^ung & co.',
Graves the sum of thirty-six dollars and seventy-five cents ; ^utifon'zed! for
to Henry A. Young and Company the sum of two hundred books furnished
and sixty dollars and eighty-seven cents, for books furnished
the state prison in the years eighteen hundred sixty-nine and
seventy. Approved April 28, 1871.
Resolve relating to the claims of the county commissioners QJinr) 3g
OF THE COUNTY OF BERKSHIRE FOR EXTRA SERVICES. "'
Resolved, That the claims of the several county commis- ciaimstobe
sioners of the county of Berkshire, for extra services ren- board°of exami-
dered and expenses incurred in the erection of the new jail, ",^pf; a'^ward to^
house of correction and court house, may be presented to the ^e paid from
board of examiners for said county ; and said board is here- ury? ^
by authorized to hear such claims, and to award in each case
such sum as to them may seem to be reasonable ; and the
certificate of said board, stating the sum awarded in each
case, shall be sufficient authority to the treasurer of the said
county to pay the same. Approved April 28, 1871.
Resolve in favor of Harriet n. lee. Chan "^7
Resolved, That for reasons set forth in the petition of Allowance for
Harriet N. Lee, she be allowed state aid at the rate of four ^*''*^'^^-
dollars per month, from and after January first, eighteen
hundred and seventy-one. Approved April 28, 1871.
Resolve in favor of james Thompson. Chcin. 38.
Resolved, That there be allowed and paid to James Allowance for
Thompson, from and after the first of January, eighteen ^^'^'^ ^^^'
hundred and seventy-one, the same amount of state aid to
778 1871.— Chapters 39, 40, 41, 42.
which he would be entitled if he were in receipt of a pen-
sion, at the rate of eight dollars per month.
Approved April 28, 1871.
Chap. 39. Resolve in favor of the washingtonian home.
Allowance of Resolved, That there be allowed and paid out of the treas-
' ' ury, to the treasurer of the Washingtonian Home, to be
expended by the directors for the charitable purposes of
the institution, in providing a refuge for inebriates, and
means for reforming them, the sum of six thousand dollars.
port toTjoarVof The directors shall report to the board of state charities as
state charities, required by law, a detailed account of the amount contribut-
ed by individuals, the total income and expenses of the
institution, the number of patients admitted, the average
time each remains, the average cost of each per week, the
number that pay or contribute towards the expenses of the
institution, the amount each pays per week, and the result
of their treatment so far as can be ascertained.
Approved April 28, 1871.
Chan 40 Resolve in aid of the Massachusetts charitable eye and ear
^' ' INFIRMARY.
le'ooT"^^"^ Resolved, That there be allowed and paid out of the
treasury, the sum of six thousand dollars to the Massachu-
setts Charitable Eye and Ear Infirmary, to be expended
under the direction of the managers thereof, for the charita-
port to^board'of ^^^ purposcs of said infirmary during the present year ; and
state charities, the Said trustccs shall rcport to the board of state charities,
as required by chapter two hundred and forty-three of the
acts of the year eighteen hundred and sixty-seven.
Approved April 28, 1871.
Chan 41 Resolve in relation to the antietam national cemetery.
Allowance of Resolved, That the sum of one thousand five hundred
^^'^'*' and seventy-four dollars shall be allowed and paid upon the
order of the governor, to defray the balance of expenses ap-
portioned to Massachusetts for the purchase of the Antie-
tam National Cemetery and the erection of the contemplated
monument therein. Approved April 28, 1871.
Chan. 42. Resolve in favor of edward f. campbell.
Allowance for Piesolved, That for reasons set forth in the petition of
Edward F. Campbell of Cambridge state aid be allowed
him from the first day of June, in the year eighteen hun-
dred and seventy, to the first day of March, in the year
eighteen hundred and seventy-one, amounting to the sum
of fifty-four dollars. Approved May 5, 1871.
state aid.
1871.— Chapters 43, 44, 45, 46, 47. 779
Resolve in favor of lydia p. osborne. Chap. 43.
Reso/ved, That there be allowed to Lydia P. Osborne and Allowance for
StiltC 0.1(1
child, state aid from and after January first, in the year
eighteen hundred and seventy-one, to the same amount that
they would have been entitled to receive if her husband had
died while in the service of the United States.
Approved May 5, 1871.
Resolve relating to technical instruction in schools. Chap. 44.
Resolved, That the board of education be directed to re- Board of educa-
port to the next general court a feasible plan, if they can p'hm for 1;echnN
devise one, for giving in the common schools of the cities hftiiTcommon
and larger towns of this Commonwealth, additional instruc- schools.
tion especially adapted to young persons who are acquiring
practical skill in mechanic or technical arts, or are prepar-
ing for such pursuits. Approved May 5, 1871.
Resolve concerning the claims op the owners op lands on the QhciP. 45.
north-eastern boundary of MAINE. "'
Resolved, That the governor and council are hereby au- Governor and
, . , ' .. -11 • o -Mr ' • 1 • council to 00-
thorized to cooperate with the executive oi Maine, in obtain- operate with
ing the payment by the United States of the claim of the tafnl'ng pay-'
private owners of lands on the north-eastern boundary of ™wners°dnlnds
Maine, ceded to Great Britain by the conventional line es- on north-east-
. cm Douiiclurv.
tablished by the treaty of Washington, of the year eighteen
hundred and forty-two. Approved May 5, 1871.
Resolve for reimbursement for taxes paid bY the new bed- Chcip. 46.
ford institution for savings. "'
Resolved, That for reasons set forth in the petition of the Allowance of
New Bedford Institution for Savings, there be allowed and **'''-*^^^'^*
paid out of the treasury to said institution, the sum of six
thousand nine hundred and sixteen dollars and sixteen
cents. Approved May 5, 1871.
Resolve to authorize the st. paul's methodist episcopal Chcip. 47.
society of LYNN TO MORTGAGE ITS CHURCH PROPERTY. '
Resolved, That the trustees of the St. Paul's Methodist May mortgage -
Episcopal Society in Lynn be, and they hereby are author- foTllymiiat^f
ized and empowered to mortgage, in such way and manner ed'in altering*'''
as they shall deem proper, the lot of land with the meeting- meeting-house.
house thereon standing on Union street in Lynn, belonging
to said society or to trustees for the benefit of said society ;
for the purpose of raising money to pay debts which have
been or shall be contracted by said society in altering, re-
pairing and enlarging their meeting-house, and to pay any
46
780
1871.— Chapters 48, 49, 50.
Union Society
of MiUbury
may sell meet-
ing-house.
other debts which have been or shall be incurred by them ;
said mortgage to be for a sum not exceeding five thousand
dollars ; and the same shall be a good and valid conveyance
in mortgage of said estate, discharged from all trusts de-
clared and contained in the deeds under which they hold
said lands. Approved May 6, 1871.
Chap. 48. Resolve to authorize the sale of captain's island.
Adjutant-gen- Resolved, That the adiutant-general, under the direction
crfl-l under di- ^ */ o 7
rection of the of the govcmor, is hereby authorized to sell the lot of land
feilcaptain's^ iu Cambridge, belonging to the state, known as Captain's
Island. Island. Approved May 9, 1871.
Chdt) 49 I^J^SOLVE TO AUTHORIZE THE SALE OF A MEETING-HOUSE IN MILL-
^' '- BURY.
Resolved^ That Simeon S. Waters, E. W. Goffe and
Nymphas Longley of Millbury, are hereby authorized and
empowered, in behalf of the association now or formerly
known as the Union Society of Millbury, to sell and make a
deed of conveyance of the tract of land with the meeting-
house standing thereon, situated in Millbury, being the
premises formerly occupied by the said Union Society and
conveyed to Mark Lathrop and others by deed of Jonathan
Trask, dated September twenty-second, eighteen hundred
and thirty-eight, and recorded in Worcester register of
deeds, book three hundred and thirty-nine, page thirty-one ;
and such deed of conveyance shall be valid and effectual to
convey all the premises conveyed by the said deed of Trask
to Lathrop and others, subject to all the reservations and
conditions therein. And that said Waters, Goffe and Long-
ley are also authorized to take the money paid by the pur-
chaser of the premises aforesaid, and distribute the same
among persons entitled thereto. Approved May 11, 1871.
Resolves to provide the towns of ayer and maynard with
THE law REPORTS, AND GENERAL AND SPECIAL LAWS, AND STAND-
ARD WEIGHTS AND MEASURES.
Resolved, That the secretary of the Commonwealth be,
and he is hereby authorized and directed to furnish to the
town of Ayer and to the town of Maynard a full set of the
reports of the decisions of the supreme judicial court ; one
copy of the General Statutes ; also copies of such general
and special laws of the Commonwealth, and of all sucli books
and documents in his office, as may heretofore have been
furnished by the Commonwealth to towns. And the secre-
tary is authorized to purchase such of the reports and stat-
utes aforesaid as may be necessary to carry into effect this
resolve.
Chap. 50.
Towns of Ayer
and Maynard to
be supplied
with reports,
documents,
weights, meas-
ures, &c.
[
1871.— Chapters 51, 52, 53, 54. 781
Resolved^ That the treasurer be, and he is hereby author-
ized and directed, to furnish each of said towns with a com-
plete set of standard weights, measures and balances, such
as each town is by law required to keep for the use of its in-
habitants : provided, that the clerks of said towns shall first
make the certificate required by section two of chapter two
hundred and sixty-five of the acts of the year one thousand
eight hundred and fifty-nine. Approved May 11, 1871.
Resolve to provide office room for the board of harbor QJidn^ 51,
COMMISSIONERS. ^'
Resolved, That there be allowed and paid out of the treas- f "so^^^r^o^'lce
ury the sum of twenty-five hundred dollars to procure, in the room for harbor
city of Boston, room, furniture and other ofiice accommoda- commissioners.
tion for the board of harbor commissioners.
Approved May 12, 1871.
Resolve relating to the normal school-house at bridge- Chap. 52.
WATER.
Resolved, That a sum not exceeding fifteen thousand dol- $i5°ooo for en.
lars be advanced from the treasury, in anticipation of the no^mTi^^chooi-
moiety of the income of the school fund applicable to educa- g°"d^ewater
tional purposes, to be expended under the direction of the
board of education, in the enlargement and reconstruction of
the normal school-house at Bridgewater, and in procuring
suitable furniture for the same. The money so advanced
shall be repaid to the treasury out of said moiety of the
future income of the school fund in three equal annual
instalments, beginning with the present year.
Approved May 12, 1871.
Resolve in favor of nathaxiel aglar. Chap. 53.
Resolved, That for reasons set forth in the petition of Allowance for
Nathaniel Aglar, there be allowed and paid him the same ^'**® ^^'
amount of state aid since January first, in the year eighteen
hundred and seventy-one, that he would have been entitled
to if he had been accredited to the quota of Massachusetts.
Approved May 12, 1871.
Resolve granting aid to the town of gat head for the ChciV, 54.
support of its public schools. ■^'
Resolved, That there be allowed and paid out of the in- Allowance of
$50 to Gay
come of the school fund the sum of fifty dollars to the town Head for public
of Gay Head, for the support of the public schools of said ^<=^°°^^-
town ; the same being additional to the amount to which the
town is entitled under the act concerning the distribution of
the income of the school fund, to be paid from the moiety
of the income of the school fund applicable to educational
purposes. Approved May 12, 1871.
782 1871.— Chapters 55, 56, 57, 58.
Chap. 55. Resolve in relation to certain county maps.
Secretary may Resolvecl, That the Secretary of the Commonwealth be
Ef tbe^couStifs^ authorized to purchase copies of corrected new maps of the
Ess^x'^nd^Mid- couutics of Worcester, Essex and Middlesex, to replace the
diesex. worn and dilapidated copies of maps of said counties now on
file in the archives of the Commonwealth : provided, the ex-
pense thereof does not exceed the sum of four hundred and
fifty dollars. Approved May 15, 1871.
Chan 56 K,esolve authorizing the governor to employ additional
■t ' * CLERICAL assistance.
Additionai_^ Jtesolved, That his excellency the governor be authorized
auce. to employ such clerical assistance as he may deem necessary,
in copying the correspondence of the executive department
growing out of the exigences of the late war.
Apjyroved May 17, 1871.
Chan 57 Resolve to authorize the trustees of maple street method-
\^ Jf, O . jg^ episcopal society in LYNN, TO MORTGAGE THEIR MEETING-
HOUSE.
Trustees Of Resolved, That the trustees of the Maple Street Method-
Maple i^treet . , -n . in- • x n i
Methodist ist Lpiscopal bocicty m Lynn, be, and they hereby are,
socfet°y^^n Lynn authorized and empowered to mortgage, in such way and
SeetiS°'&se. manner as they shall deem proper, the lot of land in said
Lynn, conveyed to them by deed of Benjamin Richardson,
with the meeting-house thereon, and belonging to said trus-
tees to be held for the benefit of said society, for the pur-
pose of raising by loan the sum of five thousand dollars for
the purpose of paying for building the meeting-house now
partly erected on said land, or for other necessary expenses
incurred by them ; said mortgage to be for a sum not ex-
ceeding five thousand dollars ; and the same shall be a good
and valid conveyance in mortgage of said estate, discharged
from all trusts declared and contained in the deed under
which they hold said lands. Approved May 17, 1871.
Resolve to confirm and make valid certain deeds made by
THE guardians OF THE MINOR CHILDREN OF JOEL WHITE, DE-
CEASED.
?dlndmad^' Resolved, For the reasons set forth in the petition of
valid. Warren Johnson and others, that the deeds made by the
guardians of the minor children of Joel White, late of
Winchester, in the county of Middlesex, deceased, under
license granted by the probate court for said county the
twenty-third day of August, in the year one thousand eight
hundred and sixty-four, be and the same are hereby con-
firmed and made valid, unless the parties adversely interested,
if any, shall, within three months from the passage hereof,
Chap. 58.
1871.— Chapters 59, 60, 61, 62, 63, 64. 783
commence a suit or suits in the superior court for said county to
recover possession of the premises. Approved May 17, 1871.
Resolve in favor of the museum of comparative zoologt. Chat) 59
Resolved, That there be allowed and paid from the treas- Allowance of
ury, to the Museum of Comparative Zoology, the sum of $so,ooo.
fifty thousand dollars, to be expended under the direction
of the trustees of said institution for the purposes thereof.
Approved May 22, 1871.
Resolve in favor of william s. shurtleff. Char) 60
Resolved, That there be allowed and paid from the treas- Allowance of
ury to \yilliam S. Shurtleff, the sum of seventy-five dollars, $75.
for services as acting judge of the probate court for the
county of Franklin. Approved May 23, 1871.
Resolve in FAVOR OF MARY J. landers. Chan 61
Resolved,, T^hoX there be allowed and paid from the treas- Allowance for
ury, to Mary J. Landers the same amount of state aid from state aid.
and after the first of January, in the year eighteen hundred
and seventy-one, as she would have been entitled to receive
had she resided in this state on the twenty-third day of
April, in the year eighteen hundred and sixty-six.
Approved May 23, 1871.
Resolve in favor of william a. kenrick. Chat). 62.
Resolved, That there be allowed and paid from the treas- Allowance of
ury to William A. Kenrick, the sum of seven hundred and *^^''-
eighty dollars in full for compensation for damages as con-
tractor on widening the draw of Charles River bridge..
Approved May 23, 1871.
Resolve in favor of henry j. coolidge. Chap. 63-
Resolved, For reasons set forth in the petition of Henry Allowance of
J. Coolidge, that there be allowed and paid to him from the ^^^'^'
treasury the sum of five hundred dollars, as compensation
for services in collecting and arranging two sets of the printed
acts and resolves of Massachusetts from the year seventeen
hundred and seventy-five ; this amount to be paid when the
work shall be completed to the satisfaction of the secretary
of the Commonwealth. Approved May 23, 1871.
Resolve in favor of william washburn and son. Chan 64.
Resolved, That there be allowed and paid from the treas- Allowance of
ury to WiUiam Washburn and Son, in addition to the $8.ooo.
amount previously paid them, the sum of eight thousand •
dollars, in full compensation for services rendered in the re-
pairs and alterations of the state house.
Approved May 23, 1871.
784 1871. —Chapters 65, 66, 67, 68.
Chap. 65. Resolve to establish and maintain a school at hoosac tunnel.
:^.!J,^^""''*' °^ Resolved, That in addition to the sum which the town of
$300 for sup- _,, .- ' .IT • n 1 • o t •
port of sciiooi b lorida may be entitled to receive irom the moiety of the in-
at Hoosac Tun- qq^q q^ ^-^q school fund which is distributed to the cities
and towns, there shall be paid therefrom to said town annu-
ally during the continuance of the work of excavating the
Hoosac Tunnel, the further sum of three hundred dollars,
for the support of a school for the instruction of the children
of persons employed on said tunnel ; said sum to be ex-
pended, for the purpose aforesaid, by the school committee
of Florida, who shall, on or before the first of January in
each year, make a special report to the secretary of the
board of education, which shall embrace the items of expen-
diture, the number of teachers and of pupils in the school,
its condition and character, and the number and length of
the terms during which it is maintained.
Approved May 23, 1871.
Chap. 66. Resolve concerning state prisons for women.
Commissioners Resolvcd, That the subject of establishing state prisons
of prisons to ' r j . ^i • • p • r
report to next tor womcii be referred to the commissioners ot prisons tor
aifve to"Is^ab- their report upon the same at the next legislature, and par-
for^womJn*"^^ ticularly for tlieir report upon the expediency of establish-
ing such prisons, the number thereof required, description
or plans therefor, the probable cost of sites, buildings and
furniture, and any other matters pertinent to the inquiry.
Approved May 23, 1871.
Chap. 67.
Resolve to provide for the revision of the laws relating to
attendance upon public schools.
Board of edu- Resolved, That the board of education be directed to take
cation to con- . . , ' . , ... , .
skier laws reia- mto Consideration the existing laws relating to attendance
anceup^oif" upou the pubUc schools, truancy, absenteeism, neglected
and'reportto*' childrcu aiid the related topics, and inquire what alterations
nextiegisia- and amendments are needed in order to combine said laws
into a uniform and consistent code, adapted to the present
wants of the public, and to report the same, with the rea-
sons therefor, to the next legislature.
Approved May 23, 1871.
ni. CO Resolve in favor of the trustees under the will of william
Chap. 68. winthrop.
Trustees under Resolvcd, That for Tcasous sct forth in the petition of
Winthrop' '""^ Robert C. Winthrop and George S. Derby, trustees under
sen reafestate. the will of WilHam Winthrop, deceased, said Robert C. and
George S, are hereby authorized, with the consent of the
judge of probate for the county of Suffolk, to sell and con-
1871.— Chapters 69, 70, 71. 785
vey in fee simple the real estate of which said "William Win-
throp died seized, situated on Lane place and on a passage-
way leading from Purchase street, in the city of Boston,
being the same premises conveyed to said William Winthrop
by William Minot and others by deed recorded in Suffolk
registry of deeds, book eight hundred and thirty-two, page
one hundred and eighty-four, and that the written assent of
said judge of probate to the execution of any deed by said
trustees under this resolve shall be conclusive in behalf of
the purchaser, of the authority of said trustees to execute
said deed ; and the proceeds of such sale shall be reinvested f^ve!ted-mrili
in real estate or mortgage on real estate, and held by said estate or mort-
trustees or their successors according to law and the will of f st1d;e!° '^^
said William Winthrop. Approved May 23, 1871.
Chap. 69.
Resolve in relation to the traffic across charles river and
FORT point channel.
Resolved, That the board of harbor commissioners con- Travel across
sider what relief can be provided for the traffic across and Fo^rfidut
Charles river and Fort Point channel, by a system of im- chaanei.
proved bridges, the use of steam in moving vessels and draws,
or by any other means, and report to the next general
court with plans and estimates. Approved May 23, 1871.
Resolve in favor of Adeline v. stevens. Chan 70.
Resolved, For reasons set forth in the petition of James Allowance of
M. Day, guardian of Adeline V. Stevens, that there be al- |.i*- f*"- ^^ate
lowed and paid said guardian one hundred and ninety-two
dollars, for state aid. Approved May 23, 1871.
Resolve on the petition of john a. lowell and others, for rtir,^ 71
CONFIRMATION OF A DEED AND TITLE UNDER IT. Kyllap. <i.
Resolved, That the conveyance dated April second, in the Deed confirmed
year eighteen hundred and sixty-six, and recorded in the and made vaud,
registry of deeds for the county of Suffolk, in book eight
hundred and seventy-four, page two hundred and ninety-
nine, made by John A. Lowell, trustee under the last will
and testament of Francis Amory, late of Milton, deceased,
to Charles G. Loring, of the real estate situate in Boston, in
the county of Suffolk aforesaid, in said conveyance described,
be, and the same is hereby fully ratified, confirmed and
established and made valid, sufficient and effectual in all
respects, so tliat all persons holding the said real estate
under said deed, may and shall hold the same free and dis-
charged from the trusts of said will.
And that the said John A. Lowell, in his capacity as trus- Trustee author-
tee under said will, be, and hereby is, authorized, in consid- rlaiestate7^^
786 1871.— Chapters 72, 73, 74, 75.
eration of the money heretofore paid to him by said Charles
G. Loriug as the consideration of the said conveyance hereby
confirmed as aforesaid, to convey the said real estate to those
holding under said conveyance to said Charles G. Loring,
free from all trusts under the said will of said Francis Amory,
and to execute and deliver all necessary deeds for that pur-
pose. Approved May 23, 1871.
Chap. 72. Kesolve in relation to the compensation of the lieutenant-
^' ' governor and council.
of hKS Resolved, That there be allowed and paid out of the
council" ^"^ treasury, for attendance at tbe regular session held during
the annual session of the legislature : to the lieutenant-
governor the sum of fifteen hundred dollars, and to each
councillor seven hundred and fifty dollars ; and for each
day's attendance at subsequent sessions, to the lieutenant-
governor the sum of ten dollars, and to each councillor the
sum of five dollars, for the present year.
Approved May 25, 1871.
Chan 73 Kesolve in favor of the disabled soldiers' employment
■^' ' BUREAU.
$"00™^°^ Resolved, That there be allowed and paid out of the
treasury the sum of three thousand dollars to the Disabled
Soldiers' Employment Bureau. Approved May 25, 1871.
Chan 74 ^^^OLVE for supplying breech-loading ARMS TO THE VOLUN-
■^' ' TEER MILITIA.
$5o°ooofor°^ Resolved, That there be allowed and paid out of the
breech-loaders, trcasury a sum not exceeding fifty thousand dollars for the
purchase of breech-loading arms for the use of the infantry
of the volunteer militia ; the said sum to be expended as
provided in the sixty-fifth section of the two hundred and
nineteenth chapter of the acts of the year eighteen hundred
and sixty-six. Approved May 25, 1871.
Chap. 75.
K.ESOLVE PROVIDING FOR REPAIRS AND IMPROVEMENTS IN AND
AROUND THE STATE HOUSE.
Aiiowance^f Resolved, That there be allowed and paid out of the
provementsat treasury tlic sum of five thousand dollars, for repairs and
state house. improvements in and around the state house, to be ex-
pended under the direction of the commissioners on repairs
of the state house, mentioned in section sixty-two of chapter
fourteen of the General Statutes; and said commissioners
are hereby directed to provide a suitable room as the office
of the clerk of the house of representatives.
Approved May 25, 1871.
1871.— Chapters 76, 77, 78, 79. 787
Resolve in favor of barxard c. marchaxt, guardian. Chap. 76.
Resolved, That there be allowed and paid to Barnard Anowanceof
C. Marchant, late guardian of the Chappequiddic and ^■^'•'**-
Christiantown Indians, the sum of thirty-seven dollars and
sixty-four cents, in full for all claims as guardian aforesaid.
Approved May 25, 1871.
Resolve to provide for the erection of a building for the (JJiQn^ 77,
harmless and incurable insane at the state almshouse at "'
tewksbury.
Resolved, That there be allowed and paid out of the AUowance of
treasury, for the purpose of erecting, furnishing and heat- lon'u? bunding
ing an addition to the building now used at the state alms- ^\m^ho^u^e"for
house at Tewksbury, for the reception of the harmless and "^^j^^j^^y ^^1^^
incurable insane, of sufficient capacity to accommodate not insane persons,
less than one hundred and fifty inmates, a sum not exceed-
ing twenty-five thousand dollars ; and that the board of
inspectors and the superintendent of said almshouse consti-
tute a commission to carry the same into effect ; said appro-
priation to be payable upon properly approved vouchers
filed with the auditor : provided, that the plans of construc-
tion and the estimates of cost shall be subject to the appro-
val of the governor and council. Approved May 25, 1871.
Chap. 78.
Resolve in favor of the Worcester manufacturers' mutual
insurance company.
Resolved, That there be allowed and paid from the treas- Allowance of
ury to the "Worcester Manufacturers' Mutual Insurance Com- bursement of
pany the sum of three hundred and twenty-four dollars and pafdV*^ '^^^'^
thirty-two cents, it being a reimbursement of state tax over-
paid. Approved May 26, 1871.
Resolves establishing a normal school in Worcester. Chap. 79.
Resolved, That the board of education are hereby author- Allowance of
ized and required to establish a state normal school in the ftl^t'rnoimai
city of Worcester, and that the sum of sixty thousand dol- cester '° ^^*^''
lars is hereby appi-opriated to defray the expenses of erect-
ing a suitable building and furnishing the necessary appur-
tenances and apparatus for said school, and that the same
be expended under the direction of the board of education,
upon whose requisition the governor is hereby authorized to
draw his warrant for the amount aforesaid to be paid from
the school fund : provided, that the deficit of income of the Proviso,
school fund occasioned by such payment, shall be deducted
from the moiety of the income of said fund applicable to
educational purposes, in such manner as not to affect the
amount to be apportioned and distributed for the support of ■
public schools.
46
788
1871.— Chapter 80.
Trustees of
Worcester
Lunatic Hos-
pital to convey
land to board
of education.
Worcester may
lay out and ex-
tend certain
streets.
"Value of land
to be deter-
mined by gov-
ernor and coun-
cil.
Worcester may
raise $15,000 by
taxation.
rroviso.
Resolved, That the trustees of the Worcester Lunatie
Hospital are hereby authorized and required to coavey to
tlie board of education and its successors, in trust for the
Commonwealth, a tract of land situated in said city of Wor-
cester of not more than five acres, to be located by the
governor and council, east of a line drawn one hundred
and seventy feet east of the easterly line of Mulberry street,
and north of a line drawn five hundred feet south of the
southerly line of Prospect street when extended east as pro-
posed ; and west of the westerly line of Wilmot street when
extended southerly as proposed ; the conveyance of said
land to include a right of way thereto from East Central
street, the location whereof shall be determined and fixed by
the governor and council, if in their opinion said right of
way is necessary and desirable.
Resolved, That the city of Worcester is hereby authorized
to lay out and extend Prospect street, from its present easter-
ly terminus to its intersection with the proposed line of the
prolongation of Wilmot street ; also to extend Wilmot street
southerly to the proposed intersection with the extension of
Prospect street, and from that point southerly to East Central
street.
Resolved, That the value of said land shall be determined
and fixed by the governor and council, and the amount shall
be credited by the treasurer of the Commonwealth to the
fund created by the provisions of section four, chapter two
hundred and thirty-eight of the acts of the year eighteen
hundred and seventy.
Resolved, That the city council of the city of Worcester
may raise by taxation or otherwise, the sum of fifteen thou-
sand dollars, and may pay the same to the board of educa-
tion for the purposes named in these resolves : provided,
that these resolves shall not take effect until the city of
Worcester or the inhabitants thereof shall have paid to the
board of education the sum of fifteen thousand dollars to
aid in the erection and furnishing of the building for said
school. Approved May 26, 1871.
Chap
on Resolve concerning the bonds of the boston, hartford and
ERIE railroad COMPANY, HELD BY THE COMMONWEALTH.
Governor and
council author-
ized to obtain
absolute owner-
ship of the Ber-
dell bonds of
the Boston,
Hartford and
Erie £ailroad.
Resolved, That the governor and council be, and they
hereby are authorized in their discretion, if any emergency
shall in their opinion exist therefor, to take any and all
necessary measures to obtain for the Commonwealth the ab-
solute ownership of the bonds of the Boston, Hartford and
Erie Railroad Company, known as the Berdell mortgage
1871.— Chapters 81, 82, 83, 84. 789
bonds, now held by the Commonwealth as collateral security ;
and they may sell and transfer the whole or any part of said
bonds, on such terms and conditions as they may deem to
be for the best interest of the Commonwealth ; or they may
sell said bonds, or any part thereof, under the provisions
of section seven of chapter two hundred and eighty-four of
the acts of the year eighteen hundred and sixty-seven. In
the event of the absolute foreclosure of the Berdell mort-
gage, so called, or in any proceedings taken for such fore-
closure, the governor and council, by their duly appointed
agents or attorneys, may represent the interests of the Com-
monwealth at any meeting of the bondholders, and may, in
their discretion, surrender said bonds for stock as provided
in said mortgage, or take any other action in the premises
which they deem that the interests of the Commonwealth
may require. Approved Mmj 26, 1871.
Resolve RELATING TO THE HUTCHINSON PAPERS. Chap. 81.
Resolved, That the attorney-general be authorized to ad- Mass. Histor-
just the controversy between the Commonwealth and the sunendlr the
Massachusetts Historical Society on these terms, namely : "apers trthe
that the society surrender to the Commonwealth all the doc- state.
uments called the Hutchinson papers received by the society
from Secretary Bradford ; the same to be identified by an
arbitrator mutually selected, in case they cannot be other-
wise agreed upon. Approved May 2Q, 1871.
Resolve in relation to half-time schools. Chap. 82.
Resolved. That the bureau of statistics of labor be di- n.iif time
' , 1 ' • 1 1 schools for
rected to prepare and present to the next legislature, a plan children em-
for a system of half-time, ungraded schools for children be- farturlng "stab-
tween ten and fifteen years of age employed in manufactur- lishments.
ing and other establishments in the state, who attend school
only a part of the day. Approved May 26, 1871.
Resolve in favor of george rice. Chap. 83.
Resolved, That there be allowed and paid from the treas- ^j'^^^'^'^*'*^ °^
ury to George Rice, the sum of fifteen hundred dollars for '
compensation for destruction of water power at the west end
of Hoosac tunnel. Approved May 26, 1871.
Resolve in favor of hannah m. needham. ChdV. 84
Resolved, That there be allowed and paid out of the treas- Aiiowimce for
ury to the city of Lawrence, the sum of one hundred and ^'^'® **^'
seventy-two dollars, being the amount paid by said city to
Hannah M. Needham, widow of Sumner H. Needham, as
state aid on account of her child Sumner H. Needham ; and
790
1871.— Chapters 85, 86.
Chap. 85.
Adjutant-gen-
eral to correct
stereotype
plates of sol-
diers' records.
Twelve hun-
dred copies to
be printed and
distributed.
Chap. 86.
Governor
authorized to
receive from
Baring
Brothers & Co.
residue of pro-
ceeds of scrip
issued to aid
that from and after the first day of January, eighteen hun-
dred and seventy-one, said Hannah M. Needham shall be
taken and deemed to be entitled to receive the same amount
of state aid to which she would be entitled had her child
been born prior to her said husband's death and her said
husband had been duly mustered into the military service of
the United States. Approved May 26, 1871.
Resolves concerning the publication of the list of Massa-
chusetts OFFICERS AND SOLDIERS IN THE LATE WAR.
Resolved, That the adjutant-general procure from sources
that he deems reliable, evidence of such mistakes and omis-
sions as may exist in the published list of the officers and
soldiers in the late war, make a record of the same, and
cause the stereotyped plates to be corrected in conformity
therewith ; the expense to be paid from the unexpended bal-
ance of appropriation made under chapter ninety-eight of
the resolves of the year eighteen hundred and sixty-six : pro-
vided, that the whole expense of making the corrections,
printing and binding as contemplated in these resolves shall
not exceed six thousand dollars.
Resolved, That the adjutant-general, as soon as may be
after the corrections provided for in the foregoing resolve
are made, cause to be printed twelve hundred copies of said
list, and distribute them as follows : to the governor, lieu-
tenant-governor, and members of the executive council, one
copy each ; to each free public library, each incorporated
library, and each post of the Grand Army of the Republic
in the state, one copy each ; to each town and city having
no free public library, one copy, to be kept at the office of
the clerk of said city or town ; to each member of the pres-
ent legislature, two copies ; and to the chaplain, clerks, and
assistant-clerks of the two branches, the sergeant-at-arms,
secretary of the Commonwealth, treasurer and auditor, one
copy each ; to each reporter in regular attendance, each
door-keeper, messenger, and other officer of the legislature,
one copy ; the remaining copies to be at the disposal of the
adjutant-general. Approved May 26, 1871.
Resolve in relation to the unexpended proceeds of the scrip
ISSUED in aid of THE BOSTON, HARTFORD AND ERIE RAILROAD
COMPANY.
Resolved, That the governor is hereby authorized to re-
ceive for the Commonwealth, from Baring Brothers and
Company, of London, the residue now remaining in their
hands, of the proceeds of the scrip or certificates of indebt-
edness heretofore issued by the treasurer of the Common-
4
1871.— Chapters 87, 88, 89. 791
wealth for the purpose of aiding the Boston, Hartford and fo°daud^rie
Erie Raih'oad Company in the construction of its railroad, Kniiroad.
and to agree on behalf of the Commonwealth to repay the
same to the said Earing Brothers and Company, if they
shall hereafter be required at law or in equity by final judg-
ment or decree to pay the same to any other claimants of
the said funds ; and that the governor, with the advice
and consent of the council, is hereby authorized to make
siTch compromise and settlement with any claimants of the
said funds as he may deem to be advantageous to the Com-
monwealth, and in pursuance of such compromise and set-
tlement to pay over to such claimants any part of the said
funds, upon receiving satisfactory security that the Com-
monwealth shall be indemnified against loss by reason
thereof. Approved May 26, 1871.
Resolve for the compensation of the chaplains, doorkeepers, r'finr.f §*?
MESSENGERS AND PAGES, AND FOR THE PREACHER OF THE ELEC- -« '
TION SERMON.
JResolved, That there be allowed and paid out of the compensation
treasury, to the chaplains of the two branches, four hun- messeugers^&c.
dred dollars each for the session, to the preacher of the
election sermon one hundred dollars, to each of the door-
keepers, assistant-doorkeepers and messengers of the senate
and house of representatives, five dollars per day, and to
each of the pages of the two branches, four dollars, for each
day's service during the present session, and to the door-
keepers and assistant-doorkeepers of the senate and house
of representatives, and to the postmaster, one hundred dol-
lars each in addition. Approved May 26, 1871.
KeSOLVE PROVIDING FOR THE DISTRIBUTION OF CERTAIN SPECIAL Qh/jt) gg
LAWS. -^ *
Resolved, That the secretary of the Commonwealth be Di.^tnbution of
authorized to distribute in his discretion, upon application, *p^"^^*"^^-
volumes eleven and twelve of the special laws of the Com-
monwealth. Approved May 26, 1871.
Resolves in relation to the Massachusetts agricultural col- ph^y. cq
Resolved, That the sum of fifty thousand dollars be Allowance of
allowed and paid out of the treasury to the Massachusetts ment of 'Se^tl'
Agricultural College, to be expended by the trustees for the peuse"'^'^* ^^'
payment of all existing debts of the college and all current
expenses of the year not otherwise provided for, and the
residue to be applied towards the erection of necessary
buildings.
792
1871.— Chapters 90, 91.
Increase of per- Resolved, That there be paid from the treasury into the
lloofooo."^ '^ perpetual fund created by virtue of the provisions of chapter
one hundred and sixty-six of the acts of the year one thou-
sand eight hundred and sixty-three, and entitled " The fand
for the promotion of education in agriculture and the me-
chanic arts," a sum sufficient to increase said fund so that
it shall amount in the whole to three hundred and fifty
thousand dollars, the income whereof shall be paid as pro-
vided by existing laws. Approved May 26, 1871.
Chap. 90.
Governor and
council to ar-
range with
holders of the
bonds secured
by Berdell
mortgage so
that trustees
may obtain pos-
session of road.
Appropriation
of $72,000.
Provisos.
Chap. 91.
Harbor com-
missioners to
prepare a plan
for develop-
ment, &c., of
the South Bos-
ton state flats,
and report to
next legisla-
ture.
Resolve concerning certain berdell bonds held by the com-
monwealth.
Resolved, That the governor and council be and they are
hereby authorized to make such arrangements as they may
deem suitable and proper with the holders of the bonds of
the Boston, Hartford and Erie Railroad Company secured by
the Berdell mortgage, so called, or with any number of said
bondholders, as may be necessary to enable the trustees
under said mortgage to obtain immediate possession and
control of the property named in said mortgage, and for this
purpose any balance of the money appropriated during the
present session under the resolve in relation to tlie Boston,
Hartford and Erie Railroad Company and not required for
the purposes specified therein, together with such further
sum as shall make in the whole a sum not exceeding sev-
enty-two thousand dollars is hereby appropriated, payable
from the treasury, and the governor is authorized to draw
his warrant for such part of said sum as may be necessary,
payable to said trustees : provided, that before any such
payment is made, an additional sum sufficient, in the opinion
of the governor and council, to secure the purposes of this
resolve, shall have been raised by contributions of other
bondholders or otherwise, and shall have been paid to said
trustees ; and provided, also, that before any such payment
is made, it shall be the duty of the governor and council to
obtain as far as practicable, security for the repayment with
interest of any sums advanced or contributed under this
resolve. Approved May 26, 1871.
Resolve concerning the commonwealth flats near south
BOSTON.
Resolved, That the harbor commissioners, after consulta-
tion with the governor, the Boston and Albany Railroad
Company and the Boston Wharf Compaay, prepare a plan
for the development and improvement of the flats of the Com-
monwealth, near South Boston, in which development and
improvement the Commonwealth and said companies may
1871.— Chapter 92. 793
cooperate ; and in connection therewith said commissioners
consider the expediency of authorizing or requiring a tempo-
rary bulkhead to be built instead of a sea-wall on or near tlie
exterior line (so called), and also the expediency of filling
South bay and Fort Point channel ; together with such
other matters connected with the improvement of said flats
as may be important to the interests of the Commonwealth ;
and said commissioners shall report in print to the next
legislature on or before the fifteenth day of January next.
Approved May 26, 1871.
Chap. 92.
Resolve directing the board of railroad commissioners to
REPORT to the NEXT GENERAL COURT INFORMATION AS TO
CERTAIN RAILROADS.
Resolved, That the railroad commissioners are hereby Railroad com-
directed to prepare and report to the next legislature a dlrecteTto fur-
classified list of the various articles of merchandise trans- J^on JoncemTng
ported upon railroads, accompanied by a table of classified railroads to the
distances, and specifying the rate per ton per mile, excluding ture.
all terminal charges, which it would be in their judgment
equitable and fair for the several railroads to charge for the
transportation of each class of merchandise over each class
of distances ; also a list of the various railroad crossings,
junctions and intersections within the Commonwealth, speci-
fying how each is used, whether for passengers or freight,
one or both, by the transfer of cars, or whether without the
transfer of cars, or if not used at all ; also the rates charged
for transportation of passengers and merchandise between
specified points by using said junction, and the rates charged
between said points by other routes ; also the reasons why
such junctions, if any, are not used ; also a tabular statement
of the several railroads purchased, leased and now operated
by other railroads, naming the said railroads ; also a tabular
statement of the rates charged for transportation of each
class of merchandise and for passengers upon the said pur-
chased, leased or operated roads, and the itates charged upon
the several railroads using and controlliiig said purchased,
leased or operated railroads ; also the names of the railroads
now controlling and operating one or more other railroads
which if used jointly or by themselves form a line competing
to any extent with the railroad now operating them ; accom-
panied by a tabular statement of the rates charged upon each
line for the transportation per mile of each class of merchan-
dise, and of passengers ; also a list of railroads, if any, which,
since such purchase, lease or other contract for operating by
other railroads now controlling them, have been in any man-
794 1871.— Chapters 93, 94, 95.
ner diverted from the business for which they were con-
structed, and are now used only as feeders to the roads con-
troHing them ; also to ascertain and report whether said
controlling and operating railroads afford upon said con-
trolled and operated railroads the same facilities for the
prompt and careful transportation of merchandise and pas-
sengers which they do upon their own railroads.
Approved May 26, 1871.
Chap. 93.
Resolve fixing the compensation of the assistant-clerk of
THE senate and FOR ADDITIONAL CLERICAL ASSISTANCE TO THE
CLERK OF THE HOUSE.
Compensation Resolved, That there be allowed and paid out of the
ciericof senate, treasury to Hilton F. Hosmer, assistant-clerk of the senate,
eight hundred dollars ; and to the clerk of the house of rep-
resentatives, for additional clerical assistance for the present
session, the sum of seven hundred and fifty dollars.
Approved May 26, 1871.
Resolve to provide for contingent expenses of the com-
mittees OF the senate.
Chap. 94.
Allowance of Resolved, That there be allowed and paid out of the
pense^sof com- treasury the sum of three hundred dollars for the con-
senate^ °^ *^^ tingciit cxpenscs of the committees of the senate, the same
to be paid out on the order of the senate, and the same is
hereby appropriated. Approved May 31, 1871.
Resolve in relation to the compensation of the sergeant-
Phnn Q'i at-arms, and the clerks op the senate and house and the
Kjtiap. vo, prxvate secretary OF the governor.
AddMonai com- Resolved, That there be allowed and paid to the sergeant-
sergcant-at- at-arms, to the clerk of the senate and the clerk of the house
arms, clerks, ^^ representatives and the private secretary of the governor,
the sum of five hundred dollars each for services for the
present year, in addition to the sum heretofore appropriated,
and the same is hereby appropriated;
Approved May 31, 1871.
I^° The General Court of 1871, during its annual session, passed three
hundred and ninety-nine Acts and ninety-five Resolves, which received
the approval of the governor.
The Acts may be classified as follows : General Statutes, or Acts of a
public character, one hundred and eighty-nine ; Special Acts, re-
lating to private property, persons and corporate bodies, two hundred
AND TEN.
In addition to these, two Acts, entitled respectively, " An Act to au-
thorize William H. Swift and Lemuel M. Brock to construct a wharf in
Kahaut," and " An Act in relation to alien passengers arriving in reg-
ular lines of communication," were laid before the governor for his ap-
proval, and were returned by him to the Senate — in which body they
originated — with his objections thereto ; and being put upon their final
passage, in the manner provided by the Constitution, two-thirds of the
members present and voting thereon having failed to " agree to pass the
same," they were declared lost, and thereby without force and effect.
The Legislature was prorogued on Wednesday, May 31, the session having
occupied one hundred and forty-eight days.
The Resolve providing for an Amendment to the Constitution of the
Commonwealth, in relation to the qualifications of voters, passed concur-
rently by the two branches of the Legislature of 1870, and published as
required by statute, in the volume of laws of that year, was transmitted
to the General Court of 1871, but failed to be agreed to by a majority of
the senators present and voting thereon, and therefore became of no
force or effect.
I
INAUGURAL ADDRESS
HIS EXCELLENCY WILLIAM CLAFLIN,
At twelve o'clock on Saturday, the seventh day of January,
His Excellency the Governor, accompanied by His Honor
the Lieutenant-Governor, the members of the Executive
Council, and oflQcers of the civil and military departments
of the government, attended by a joint committee of the
two Houses, met the Senate and House of Representatives,
in Convention, and delivered the following
ADDRESS.
Gentlemen of the Senate and
of the House of Representatives :
The people, in accordance with the Constitution and laws,
have confided to your care the great interests of this honored
Commonwealth for the coming year, so far as they are to be
affected by legislative action. A gracious Providence has
brought us together at a time when our State is signally
favored in all those things which tend to elevate a people,
and we should be ungrateful indeed, did we fail, on our
assembling, to thank Him whose care has been so constant
in the past, and to ask His continued blessing upon ourselves
and the people we represent, in the future.
Two hundred and fifty years ago our fathers came to these
shores to enjoy the rights of conscience in freedom. They
laid the foundations of the State on immutable principles.
No selfish aims were suffered to influence their action, but,
in faith of a glorious future for their descendants, they toiled
and suffered to establish firmly in organic laws, liberty, mo-
rality and religion as the true bases of an enlightened and
prosperous Commonwealth.
798 GOVERNOR'S ADDRESS.
How wisely they judged as to what would in the end
secure to a people the greatest degree of comfort and happi-
Dess, may be seen in the material wealth which is gathered
in our populous cities and thriving villages, in the public
improvements which are conspicuous on every side, in the
nol3le system of popular education established by law and
supported by taxation, in the institutions for higher intel-
lectual improvement, which are fostered by the public spirit
and sustained by the beneficence of the people, and, above all,
in that broad Christian charity which seeks to alleviate every
form of suffering to which humanity is liable, whether from
fault or misfortune.
I call your attention, first, to our
FINANCES.
The policy of finance adopted by the Legislature and faith-
fully adhered to by those charged with its administration,
has produced economy in expenditure and fully sustained
• the credit of the State at home and abroad. The general
prosperity of the Commonwealth renders certain the accumu-
lation of her established sinking funds, which now amounts
yearly to more than a million of dollars. The assurance of
present and future ability for the prompt liquidation of the
principal of all existing liabilities, without recourse to taxa-
tion, is very gratifying.
The Funded Debt,
For the purpose of convenient reference, may be thus classi-
fied :—
Loans to railroad corporations, . . . $9,483,920 00
War loans, 16,573,244 00
Ordinary loans, 1,071,000 00
Total, 127,128,164 00
The Unfunded Debt.
Temporary loans, $582,728 16
Balance due Baring Bros. & Co., . . 356,989 77
Certificates of indebtedness issued to W. &
F. Shanly, 200,000 00
Deposit loan, 3,000 00
Total, $1,142,717 93
Making the total Funded and Unfunded
debt, $28,270,881 93
GOVERNOR'S ADDRESS.
799
The Sinking Funds for the redemption of this debt now
amount to more than $15,000,000.
During the past year the Funded debt has been increased
by the issue of a new loan for harbor improvements of
$230,000, and, early in the year, by the issue of scrip to the
Boston, Hartford & Erie Railroad Company of 8206,18-1,
and reduced by payment of the Western Railroad loan of
$2,381,280, the Eastern Railroad of $75,000, the Consolida-
tion of the Statutes loan of $150,000, and the loan of 1861
of $99,000.
Showing a decrease in the Funded debt of . $2,269,096 00
Adding thereto decrease iu Unfunded debt, 283,-102 09
Total net decrease, .... $2,552,498 09
Another reduction of the Funded debt will be made the
present year, by the payment of the Western Railroad loan,
amounting to $761,816 ; balance of the Eastern Railroad
loan, amounting to $50,000 ; and of $200,000 of the Union
Fund (War) loan, — in all, $1,011,816. Full provision for
these payments has already been made.
. Productive Resources.
The resources of the Commonwealth directly applicable,
under existing laws, to the redemption of her debt, are am-
ple for that purpose. I append hereto a statement of their
par and market values, as follows : —
Par ralue.
Debt extinguishment fund,
Union loan sinking fund, .
Bounty loan sinking fund, .
Massachusetts war loan sinking fund.
Coast defence loan sinking fund.
Almshouse loan sinking fund, .
Back Bay lands fund,
Troy & Greenfield R R loan sinking fund
Boston, Hartford and Erie R. R. loan sink-
ing fund, ....
Western R. R loan sinking fund,
Norwich and Worcester Railroad loan sink
lug fund, .....
Total, ....
)5,400 00
3,600,000 00
2,488,259 21
1,835,803 6Q
425,690 79
164,514 44
220,000 00
655,640 81
659,196 38
761,816 00
286,546 15
$11,702,867 44
800 GOVERNOR'S ADDRESS.
Market value.
Present market value, .... $12,565,642 00
To this should be added unsold Back Bay
lands, 1,500,000 00
Land sold Boston and Albany Railroad
Company, 435,000 00
Unsettled claims against the United States,
estimated at ..... . 300,000 00
Proceeds of land sales pledged for the re-
demption of the harbor improvement
loan, 230,000 00
Total present value, .... 815,030,642 00
Excluding the Western, and Norwich and Worcester
Railroad Sinking Funds, which are fully sufficient for the
payment of the loans for which they are held, the aggregate
accumulation to the remaining funds, at their par value, in-
dicates an increase of nearly one million three hundred
thousand dollars during the year 1870. The legitimate in-
come of these funds, even at a much smaller percentage of
increase, will, with their principal, relieve the treasury from
all embarrassment on account of present State loans, most
of which have from sixteen to thirty years to run before ma-
turity.
The loan of $230,000 is to be reimbursed with interest
from the proceeds of sales of land purchased under authority
of the Act creating the loan.
No further addition has been made to the funded loan in
aid of the Troy and Greenfield Railroad and Hoosac Tunnel.
The scrip thus far issued amounts to 14,673,070, which is
due from 1888 to 1894. There is now chargeable to the
loan, to be reimbursed to the issue of scrip, $1,564,279,
making the entire sum paid by the Commonwealth for this
enterprise $6,237,359, exclusive of interest accrued in 1870.
The sinking fund established for the redemption of the loan
amounts to $655,642, par value ; its market value being
about $3,000 more.
The Boston, Hartford and Erie Railroad Loan (a fi.ve per
cent, sterling loan) stands at $3,599,024, maturing in the
year 1900. The sinking fund provided for its redemption
now amounts to $659,219, which, with its legitimate income
for thirty years, will doubtless secure the State against fur-
ther liability on account of the principal. The interest on
this loan, now paid from the ordinary revenue, may be re-
imbursed in part from the proceeds of the " Berdell Mort-
gage Bonds," if from no other source.
GOVERNOR'S ADDRESS. 801
The loan of $356,989 from the Messrs. Barings, will be
eventually merged in the funded loans on whose account
its proceeds have been used, and will thereby become charge-
able to the sinking funds created for their payment.
The unsold Back Bay lands are estimated in the foregoing
statement at their average minimum value (-$1,600,000).
It is reasonable to anticipate an increase in this amount.
It will be seen from this statement that, deducting the
sinking funds and other resources set apart for the payment
of the public debt, the indebtedness of the State amounts to
$13,269,881.93. Within the last eight years more than
twelve millions of dollars have been paid for the relief of
disabled soldiers and their families and the families of the
slain. In addition to this, more than sixteen millions
(816,000,000) of dollars have been paid in bounties to sol-
diers since 1861. Surely no one will complain of the bur-
den of the debt when so large a part of it has been con-
tracted for the relief of those patriotic men and their suffer-
ing families.
Finance for the Present Year.
The ordinary expenditures for the present
year are estimated at ... . 14,700,000 00
The ordinary revenue from all sources may
be stated at 2,200,000 00
Showing a deficiency of . . . $2,500,000 00
In the above estimate there is no provision for reducing
the temporary loans made to pay for work on the Hoosac
Tunnel, in anticipation of the sale of scrip, from which the
Treasury will be reimbursed.
This statement shows that a tax of two and a half mil-
lions of dollars will be necessary, unless the tax on savings
banks should be increased to one per cent., as recommended
elsewhere, in which case the State tax may be reduced to
two millions of dollars.
HOOSAC TUNNEL.
This enterprise has now been in the hands of the contrac-
tors one year and nine months. The progress for the first
year was slow, as the machinery was imperfect, and the con-
tractors, though accustomed to large public works, were in-
experienced in tunnelling on an extensive scale. For a
long time they could not obtain enough laborers to man the
works as fully as they desired, but for the last six months
802 GOVERNOR'S ADDRESS.
there has been no difficulty in obtaining as many as they
could employ to advantage, and the progress made is much
more satisfactory. The central shaft is now finished down
to the grade, and the contractors are working from that
both ways, though as yet, for the want of machinery, they
are unable to make great progress. Thus far there seems
to be no serious obstacle to an early completion of the tun-
nel,— certainly sooner than the stipulations in the contract
require. The contractors have performed their work gen-
erally to the satisfaction of the engineers in charge of the
tunnel under the authority of the State. The line has been
carefully examined recently, so that no reasonable doubt can
be entertained that the position of the central shaft is cor-
rect, and that the headings will meet and form a continuous
tunnel in a straight line from end to end.
The amount of work performed by the contractors, Messrs.
W. & F. Shanly, is $1,248,184.13, and the amount paid to
them is 1740,047.31, and the reserve held as security for the
faithful performance of the contract, amounts to 8508,136.82.
The amount to be paid them will increase each month
until the contract is completed, as progress from the four
faces will be at least one-third greater than has been attain-
able up to this time, working from only two. The whole
length of the tunnel now opened is thirteen thousand six
hundred and twenty-two (13,622) feet, or very nearly two
and seven-twelfths (2^^2) miles. The distance remaining is
eleven thousand four hundred and nine (11,409) feet, or
very nearly two and two-twelfths (2--j^\r) miles.
To all who have had knowledge of the obstacles which
have been overcome since the enterprise was commenced,
there seems to be very little doubt of its speedy completion.
That the public need this new avenue very few question.
Our railroads leading to the interior cannot, or have not,
kept pace in their improvements with the increasing de-
mands for new and enlarged facilities made by the growing
business of the State. As the opening of this avenue be-
comes a certainty, greater accommodations will be needed
by the connecting railroads, and they cannot make too early
preparation for the increased traffic. The State has a very
large direct interest in tlie early development of tliis through
line, and should give every facility that is needed to accom-
plish the object. Some have been disposed to question the
ultimate value of the line in direct returns to the treasury,
because the people of other States have been made to suffer
lieavy direct losses from the want of wisdom and faithfulness
in the managers of these public enterprises. We confidently
GOVERNOR'S ADDRESS. 803
hope for more care and fidelity in the management of this
worii by which the treasury will ultimately be reimbursed
for this outlay. But if it should be otherwise, the indirect
advantage will far exceed and outweigh the amount of
money expended.
The last Legislature appropriated one hundred thousand
dollars for repairing the injuries to the Troy and Greenfield
Railroad caused by the fresliet of October, 1869. The work
has been done under the superintendence of experienced
engineers, who have taken every possible precaution to pre-
vent a recurrence of the disaster. The road and bridges
are in much better condition than ever before, the appro-
priation having been judiciously and economically expended.
THE BOSTON, HARTFORD AND ERIE RAILROAD COMPANY.
Soon after the adjournment of the last Legislature the
supreme court placed the property of the Boston, Hartford
and Erie Railroad Company in the hands of receivers, after
a careful and protracted hearing, which demonstrated that
that corporation was hopelessly insolvent, I am informed
that suits have been instituted in other States under which
some of its rolling stock and other property have been sold.
Various suits are pending in regard to its franchises and
property, involving questions of much interest to the Com-
monwealth, which holds more than three and a half millions
of dollars of its bonds. The State has loaned it about three
million six hundred thousand dollars, but this amount is
properly reduced by the sinking fund to about three millions
of dollars. For this indebtedness the Commonwealth holds
as security : —
Firsts The obligation of the company to pay the bonds
issued by the State, at maturity.
Second, Three million six hundred thousand dollars of
Berdell mortgage bonds.
Third., A second mortgage on all the lands purchased of
the State and of the Boston Wharf Company at Soutli Bos-
ton by the Boston, Hartford and Erie Railroad Company.
On the 15th day of November last, the Boston Wharf
Company, in accordance with their agreement with the
State, gave notice that they were about to foreclose their
mortgage. This notice must be served nine months prior to
any sale in behalf of the Boston Wharf Company. Some
action, therefore, must be taken by the Legislature to pre-
serve the rights of the Commonwealth in this valuable prop-
erty, as the Treasurer has now no authority to pay the
interest or principal of this underlying mortgage. This
48
SO-i GOVERNOR'S ADDRESS.
mortgage was given to secure the payment of one million
two hundred thousand dollars, and covers about twenty-six
acres of filled land, now in the hands of the receivers, and
used by them for the business of the road ; and also about
twenty-three acres of flats on which a very considerable ex-
penditure has been made in preparation for filling as stipu-
lated by the Harbor Commissioners. This land, amounting
to nearly fifty acres, lying on the east side of Fort Point
Chainiel, cannot fail to become very valuable hereafter for
the use of the several railroads, whose merchandise depots
could be located there with great advantage to them and
also to the general wants of the public. That the property
will be worth far more than the mortgage and interest be-
longing to the Boston Wharf Company, long before the bonds
loaned to the corporation by the State shall fall due, I can-
not doubt, and I earnestly recommend an early examina-
tion of the subject in order that some arrangement may be
made with the Boston Wharf Company, or else an appropria-
tion be made to save the property to the State. If a favora-
ble turn in the affairs of the Boston, Hartford and Erie
Railroad Company takes place, that corporation or its suc-
cessors will need a large proportion of the land, and the
State may be more ready than any private owner to favor
the corporation. The early completion of the road is most
desirable, and no doubt the work will be resumed as soon as
the courts are able to unravel its complicated afifairs, and to
give the rightful owners possession.
If there is any way by which the State can assist respon-
sible parties to fill the flats mortgaged to the State, it may
be best to do so, but no other aid should be given this enter-
prise, which doubtless will be completed by parties holding
bonds, and otherwise interested in the future success of the
enterprise.
The States of Rhode Island and Connecticut are deeply
interested in the completion of the road. They cannot fail
to receive great benefit from its intimate connection with the
coal-fields and the great market of the West. If public
credit is to be again asked, these States should be appealed
to, and if they still refuse assistance and this route is not
opened, their citizens will have no occasion to charge Massa-
chusetts with inaction. In fact, we may well pause before
aiding this Company any more, if it is not thought worth
assisting by those States, which are certainly to receive as
many if not more benefits from its construction than our
own. The trustees under the Berdell mortgage have taken
no steps to obtain possession of the road, for the reason that
GOVERNOR'S ADDRESS. 805
no party has placed funds in their hands to pay counsel fees,
and other necessary expenses which are incident to the trust.
The Commonwealth should furnish its share of this outlay
in connection with other parties who hold these securities.
Many of the bondholders are ready to contribute, but seem
to be waiting for the State to take action, feeling, probably,
that unless the larger holders are ready to furnish their pro-
portion, what they would subscribe would be of little use.
If the State subscribes its share ,of the funds necessary, they
will readily follow, and the trustees will be able to proceed
according to the terms of the trust.
There seems to be no other practicable way to bring the
property into a position that will enable the parties concerned
to finish the road. That course is agreeable to the condi-
tions of the mortgage and in accordance with usage in all
such trusts. Doubtless this will appear to be unfavorable to
those persons having claims against the corporation, but
they can have little hope of receiving anything under the
present receivership, which, at best, is intended to be only
temporary. It may be wise to give the trustees power to
compromise such claims as appear to be just, in any way
not inconsistent with due regard to the interests of the bond-
holders.
RAILROADS.
The report of the Railroad Commissioners will be found
to contain a great variety of suggestions and details, the
interest of which, to the people of the Commonwealth, will
be seen when we remember that the annual sum now paid
for transportation to the several railroads within our limits,
exceeds the whole amount of our State, county and town
taxes. It is worthy of inquiry whether the rates of trans-
portation cannot be reduced, and, from the consequent
increase of business, the corporations be enabled to pay
reasonable dividends, while affording increased accommoda-
tions to the public.
Much of the time of past Legislatures has been devoted
to the examination of the various projects for new railroads
brought to their attention. May not the time now have
arrived when general laws may be enacted under which all
new enterprises may be organized, and thus relieve you and
your successors from the labor of these investigations ?
The powers of the Commissioners might also be extended,
and they be authorized to determine many points now con-
trolled by local boards or the Legislature, such as the cross-
ing of highways, the location of stations, and other minor
806 GOVERNOR'S ADDRESS.
matters, which in other States have been found to be safe
under the care of central boards, or of the courts.
SAVINGS BANKS.
From the report of the Commissioner of Savings Banks, it
appears that the whole amount of deposits and surplus in
the banks is now $138,232,271.59, an increase of nearly
$21,000,000 over the amount on deposit last year. It is very
evident that a large share of this increase is not the sav-
ings of labor.
The investments have been found to be safe, and as re-
munerative almost as in other money corporations where
the funds are not so readily at the command of the owner.
Each year shows more deposits by capitalists. Perhaps
this is not to be regretted, as it enables the banks to do the
business at a very small expense, — the average cost last year
being only twenty-seven one-hundredths (yoV) P^^ cent. A
very large part of the funds is loaned on real estate, this
method of investment having been favored in former years
by the Legislature, and highly approved by the public. By
every prudent expedient we should encourage these institu-
tions. They are under the authority of the State, and are
generally controlled by honest, sagacious and faithful men.
The accumulations of capitalists will, in the end, find tlieir
way largely into these institutions, for as our banking law
now stands, they furnish the only place of deposit for per-
sons desiring to have their invested funds on interest, and at
the same time subject to their immediate call. In this way,
money that would seek other parts of the country for invest-
ment, is retained here for the benefit of our people desiring
to make permanent loans at moderate rates of interest. I
am constrained to say liere, that there has been a manifest
desire with many, especially the new banks, to pay a large
dividend in order to attract deposits. This has led them to
exact high rates of interest on their loans, often as high as
eight per cent., and sometimes higher. It is evident to all
business men that such rates cannot be obtained without im-
pairing the security of the loans. Thus far great care and
wisdom have been manifested in the conduct of these insti-
tutions in their investments, but if a spirit of rivalry is en-
gendered disaster will surely follow.
It may be wise for the Legislature to place some whole-
some check on this tendency of the banks to exact high in-
terest and consequently to take doubtful security. The
burden falls heaviest upon the small borrowers, who are the
least able to bear this exaction. It is for the public welfare
1
GOVERNOR'S ADDRESS. 807
that every man of moderate means should have a homestead,
and every inducement should be held out to him to exert
himself to obtain one, but it is discouraging for him to find
that he cannot effect a small loan without being compelled
to pay a rate of interest which will absorb a large share of
his surplus earnings.
It should be a principle with the institutions to invest in
these small mortgages. As a rule, they are equally safe
with others, the only objection being the extra care on ac-
count of the increased number of loans. This is a very
small consideration, and certainly every bank officer should
be willing to contribute his part of labor for the public good,
and for the benefit of a large share of the depositors in these
institutions.
I again call your attention to the propriety of enlarging
the amount of deposits which may be made by any one per-
son. I can perceive no possible harm to the public in such
an increase, but, on the contrary, much deception would be
avoided if depositors be permitted to place considerable
amounts in banks convenient to their places of residence.
The rate of taxation on deposits in these institutions is
only about one-half the average rate of the State. Owing to
the great changes in our financial affairs, the drift of these
institutions is to become ordinary money corporations, and
it is questionable whether such a great relief from the public
burdens is longer justifiable. An increase of the tax would
also tend to check the establishment of new banks where
there are enough already for the accommodation of the pub-
lic. In most of our large towns and cities there is no real
necessity for more banks. The demand comes mainly from
persons who expect to hold treasurerships and other offices
which yield comfortable and permanent salaries. This dis-
position to seek these sinecures should not be encouraged by
the Legislature.
THE STATE PRISON.
The income of the State Prison for several years has ex-
ceeded the expenses by nearly thirty thousand dollars. This
is a very gratifying result, which is largely due to the faith-
fulness and good judgment exercised by the Warden, Inspec-
tors and other officers of the institution. While such suc-
cess has attended the labors of those in charge, pecuniarily,
there has been a marked improvement in the discipline of
the prison. The inmates have been kindly treated, and
every effort on their part to lay the foundation of a better
life when they shall be released from confinement, is ear-
808 GOVERNOR'S ADDRESS.
nestly encouraged. The school established more than a year
since has been very successful, and the attendants show their
appreciation of the privilege granted them by faithful devo-
tion to their studies. Three evenings a week are employed
in the instruction of more than one hundred scholars, and a
larger number would attend if the prison had a room properly
arranged and fitted exclusively for school purposes. In the
winter months lectures are usually given once a week, which
are fully attended, and the privilege is highly prized by the
inmates. At present the chapel is used for a school-room,
there being no other place for public worship, lectures, en-
tertainments or school purposes for nearly six hundred men.
It is a matter of vital importance that this large number of
prisoners, desiring instruction in various ways, should have
ample accommodations for that purpose, so far as they can
be given to them with safety. It must be admitted that con-
finement in idleness is not the best or most effective form of
punishment. If we seek to restore the criminal to society a
reformed man, we cannot witlihold any means of improve-
ment compatible with his condition. In this work the
school will occupy a high place in the future. It is an evi-
dence of the advancing civilization of the age. It is not in
harmony with our history to leave these young men in that
state of ignorance, which in many cases led them to commit
the crimes which sent them to prison ; and the State should
not continue to be responsible for this ignorance while the
criminal is under her authority. These men should be en-
couraged to prepare themselves for usefulness when they
shall leave the prison, and be better fitted to obtain an iion-
est livelihood than when they entered it. A moderate sum
will enable the authorities to provide a school- room with
suitable desks, blackboards and other appurtenances neces-
sary for the comfort and instruction of scholars. Certainly
men confined to the walls of a prison should have such com-
mon conveniences, especially when there is a surplus paid
into the State treasury yearly, above the ordinary expenses
of the institution. An increase in the amount appropriated
for the purposes of instruction should be made, to enable all
who desire, to avail themselves of the advantages of the
school. I would also suggest the expediency of allowing the
prisoners compensation for extra labor. The money thus
earned might be paid to their friends, who often suffer
greatly for the loss of their assistance ; or it might be depos-
ited in the savings banks for their benefit when they leave
the prison.
GOVERNOR'S ADDRESS. 809
The exertions made by the authorities to improve the
moral and physical condition of the inmates have been ap-
preciated by them ; the number of offences against the rules
of the prison has been lessened ; there are fewer attempts to
escape, and there is a more cheerful aspect over the whole
institution than in former years. Nor do the privileges
which have been allowed the prisoners lessen their fear of
punishment. Nothing can compensate a human being for
the loss of liberty, or make imprisonment for any length of
time endurable. The quickened intellect feels even the
more keenly the dishonor which clings to a felon's name,
and still more the deprivation of personal freedom. The
statistics of the prison show that not more than one-sixth
ever enter its walls, as criminals, the second time.
Though some are pardoned, and the public are often led
to believe that executive clemency is too freely exercised,
still the chances of freedom in this way are too small, in
this State, to induce any one to run the risk of long incar-
ceration. Not one-tenth of the whole number are pardoned
annually. Of the number of prisoners pardoned, many are
released when quite ill, that they may be cared for l3y their
relatives in their last days ; and others, whose crimes are
not of an aggravated character, are set free when showing
incipient disease, and where continued confinement will
most surely produce fatal results. All who have had expe-
rience in the Council will testify to the caution exercised to
prevent an unwise use of the pardoning power. Persons
taking seats at the Council Board with strong convictions
against the policy of releasing prisoners before the expiration
of sentence, have almost invariably been led to modify their
views, and often become the readiest to listen to petitions
for clemency.
It may be mentioned, in this connection, that it is the cus-
tom to issue pardons on condition that if the person par-
doned is again convicted of crime, during the period of his
first sentence, he shall serve out the remainder of the origi-
nal sentence. This most salutary provision is rarely de-
parted from ; and it is very seldom that a prisoner is again
convicted while this condition is in force, however hardened
he may be in crime. A consideration of this subject may
lead you to make further amendment to the law, and give
greater power to the executive in this direction.
THE PRISON COMMISSION.
The Prison Commission has had but a short time to ex-
amine the important matters committed to it by the law of
810 GOVERNOR'S ADDRESS.
the last Legislature establishing that Board. That our
county system of prisons needs radical changes in many re-
spects cannot be doubted by any one who examines the sub-
ject. The Commission, in carrying out the will of the Legis-
lature, desire to remedy evils, and not to make changes of
doubtful expediency. That their action may be wise and
satisfactory is their earnest purpose ; and they have, there-
fore, proceeded with great caution to make a thorough ex-
amination of the jails and houses of correction throughout
^ the Commonwealth. Thus far they have been unable to
mature a system under which they can make transfers of
prisoners as contemplated by the law. They will lay before
you, from time to time, for your information, such facts and
recommendations as may seem to them important and ju-
dicious. The subject is one of much interest, and should
receive careful attention.
THE STATE CHARITIES.
The report of the Board of State Charities will show their
operations and the results which have been attained during
the year. It is the purpose of the Board to bring all de-
partments under their care into harmonious action, with a
rigid accountability for the large disbursements which are
wholly or partially under their authority. It is not their
desire, nor that of the people of the Commonwealth, to treat
the unfortunate persons who are dependent upon the public
for support, in any parsimonious spirit, but rather that a
wise care and oversight should be instituted upon all expen-
ditures, and giving at the same time to the recipients of the
public charity everything that will conduce to their welfare
consistent with their condition. It has been the aim of the
authorities to discourage persons in needy circumstances
from becoming chargeable to the State ; to keep alive in
them, so far as possible, the feeling of personal indepen-
dence ; for when a man becomes willingly dependent, he is
not only an expense but a means of demoralization to the
community. Let the traditions of a family be those of vol-
untary pauperism, and scarcely any effort in their behalf will
lift them from the degradation.
Acting on the principle that segregation is far better than
aggregation, especially for the young, the State has estab-
lished tiie system of relieving the sick poor through the
town authorities, thus saving a large regular expenditure
for their support, and at the same time permitting them to
enjoy the comfort of their homes, and the society of their
relatives and friends. A visiting agency has also been es-
GOVERNOR'S ADDRESS. 811
tablished which has partial supervision over every child in
the care of the State, but particularly after he leaves its in-
stitutions, to prevent the infringement of his rights as re-
gards his physical wants or moral and intellectual welfare.
In addition to this supervision, the agency performs a most
important work in examining the real facts of the cases of
the children when they are brought before the magistrates,
for it is the duty of the agent equally to defend the rights of
the children and of the Commonwealth. Another duty of
the agency is to provide suitable places to indenture the
cliildren as fast as they can be discharged, with safety to the
public, from the institutions to which they have been sen-
tenced. The result of this work will appear in the report I
have referred to, and also in the extended report of the
agent. The objects contemplated in the establishment of the
agency must meet the approbation of every one who seeks the
welfare of the children, and the best means of relieving the
Commonwealth from the burden of their support. As the
result of its action the number of inmates in the Westborough
Reform School has been largely reduced. The same is true
also of the Nautical School, and the trustees have been en-
abled to give up one ship, transferring the boys on board to the
other ship, and to the Westborough School. The ship thus
relieved has been sold, and the proceeds of the sale have been
paid into the treasury. There would seem to be no doubt
of the expediency of continuing a system which has been of
such signal benefit to these children, and also a means of
reducing largely the expense of their maintenance. Instead
of curtailing its action it would be better to extend the pow-
ers of the agency, bringing every child accused of crime
under its supervision, before sentence as well as after, that
our courts may be saved the painful task of trying children
of tender age, without other defence than the humanity of
the courts, which in some instances have stopped the pro-
ceedings, directing the officer to open the prisoner's box and
let the child go free.
The workhouse at Bridgewater needs the attention of the
Legislature. It was originally built for an almshouse, and is
still used as such to a limited extent. But now by far the
larger part of the inmates are held under sentence for twa
years, and under, mainly to give them an opportunity to
reform. It will be seen at once that a building adapted to
the purposes of charity is unsuitable for a prison. There
should be a thorough separation, that the penitent desiring
to reform may not be influenced by the incorrigibly wicked.
Scarcely any such isolation is now possible, and if the pres-
49
812 GOVERNOR'S ADDRESS.
ent system is to be continued an appropriation should be
made to enable the authorities to improve the buildings and
adapt them to the present uses of the institution.
THE MILITIA.
Very few changes have been made in the laws relating to
the militia, for three years past. The system established
seems to be well adapted to our present circumstances, and
is generally satisfactory to tlie officers and men, who retain
their enthusiasm for the service, as evidenced by the num-
ber going into camp each year, which remains about the
same.
The number of enrolled militia is . . . 181,719
Increase over 1869, ...... 5,960
The number of men of the active militia actually
in camp was 5,890
After consultation with the major-general and the higher
officers, I concluded to order a muster of the whole division
at Concord. The opinion seemed to be general that an en-
campment of the whole force would be of great benefit, by
stimulating the different organizations to make the best ap-
pearance possible, both in numbers and condition. There
had been only one similar muster for twenty years, and that
was held before the war. A large gathering would bring
out the veterans of the late war, and encourage them to join
the militia, which is very desirable, as they give greater
efficiency to the drill and infuse a spirit of discipline into the
young men who have never been in active service. I am
happy to say that the militia received the proposition favor-
ably, and showed every desire to make the muster and re-
view useful as well as creditable to themselves, and honor-
able to the Commonwealth. Under the wise and careful
orders of the major-general of the division, all of his admira-
ble arrangements were carried out most successfully. The
police established to prevent straggling from camp, and
other disorders, was very efficient, and there were no dis-
turbances, either in the camp or outside, equal to those of an
•ordinary brigade muster. The real objection raised to the
general muster was thus overcome, and no complaint was
then, or has been since, made of irregularities on the part of
the soldiers.
In company with my staff I visited the encampment on
one of the days devoted to general review. The appear-
ance and marching of the troops elicited the highest praise
GOVERNOR'S ADDRESS. 813
from tlie members of the staff and other gentlemen who had
attained honorable distinction in active service. It was their
unanimous testimony that they never saw a better review
while in the Union armies, and that they felt this force was
trained and prepared for war as well as any militia could be
in time of peace.
Though the expense to the State of sustaining our military
system is large, it also involves quite an outlay on the part
of the members of the organization. They are entitled to
the gratitude of their fellow-citizens, and should receive
assistance and encouragement in their laudable zeal to fit
themselves for service at the country's call. The State has
received high honor from the readiness of her citizen
soldiery to go to the country's defence when the capital was
imperilled. She should never fail to support those patriotic
men who are willing to give their time and money that the
State may be prepared for a similar emergency.
The difficulty of procuring suitable camping ground in-
creases each year. There is no provision by law for paying
for the use of such grounds, and they have to be furnished
by the commander under some arrangement with the owner,
who often stipulates that he may lease a portion of the
grounds for the accommodation of the public. This enables
the vendors of various articles detrimental to the welfare of
the encampment, to ply their trade as they could not do
under proper and usual regulations. To avoid this stipula-
tion, the generals commanding have been obliged to submit
to a heavy expense which the State should not permit them
to incur. If the Legislature should think it unwise to pur-
chase grounds, an appropriation should be made to pay for
the use of any lands necessary for the encampment.
Only one regiment is armed with breech-loaders. A large
proportion, if not the whole of the infantry, should be armed
in like manner, if we desire to keep them prepared for
effective service. The war in Europe has created such a
demand for fire-arms that their cost has materially increased ;
but still, careful inquiry should be instituted to ascertain
whether early preparation ought not to be made for arming
all of our infantry with these new guns. The annuarl ex-
pense of the militia for the past three years has been about
two hundred and twenty-five thousand dollars. I see no
way of reducing this amount and retaining the efficiency of
the organization, except by reducing the number of compa-
nies. It is the opinion of the adjutant-general and other
officers that this may be done without injury to the service.
Having called the attention of the last Legislature to the
814 GOVERNOR'S ADDRESS.
propriety of diminishing the cost of the militia in this way,
and it having been decided not to reduce the force, I refer
to it now only to ask you to consider the matter before
making other changes in the system.
I shall transmit for your information the report of the
surgeon-general, detailing the operations of his department.
The services rendered the soldiers of the late war by this
faithful officer and his assistants deserve high commenda-
tion. This State alone extends pecuniary aid to disabled
soldiers and the families of the slain. More than six hun-
dred thousand dollars are still paid annually for their relief;
and while this method is continued, the work of this depart-
ment must be performed in a systematic manner, or the
Commonwealth will be liable to great loss from frauds prac-
tised by parties who are ever ready to live on the public
bounty. On the other hand, deserving persons will suffer
from the want of information and assistance.
Many applications for pension and bounty are now pend-
ing, which have been placed in the care of this department,
and if they fall into the hands of dishonest claim agents the
soldiers will lose a large part of the amount really due
tliem. From motives of humanity, as well as justice to
those who have sacrificed so much, tliis work should be con-
tinued ; and it is my opinion that the system is the best
that can be adopted to relieve these persons, who deserve
so much from the country.
INTOXICATING LIQUORS.
For nearly twenty years, with a single exception, the pro-
hibitory law, so called, has been on the statute book. It has
been changed, more or less, at nearly every session of the
Legislature, to meet the demands of public opinion. Not-
withstanding these changes it would appear that the senti-
ment of the State was unqualifiedly in favor of the princi-
ple of the law, for its enforcement to-day is more general
and quite as stringent as at any former period, and at the
same time there is little opposition expressed, except by those
who are amenable to the law. In no other way can a re-
striction on the sale of intoxicating drinks be made effectual,
— at least, no other way has as yet been discovered. True,
many, relying too much on the power of law to stem the
tide of intemperance, have become discouraged because the
desired results have not yet been attained. They have cen-
sured the authorities for supposed unfaithfulness, not having
acquainted themselves with the practical obstacles to a rigid
enforcement of the law. Those engaged in the traffic have
GOVERNOR'S ADDRESS. 815
not been idle, but have brought every possible influence to
bear upon the public, in the hope of creating an impression
tliat no law could be executed. With all these embarrass-
ments, there is no doubt that the law is more effective and
better observed in this State than similar enactments for
tlie restriction of the sale of intoxicating drinks in other
States of the Union. Under it thousands of dram-shops
are suppressed and the whole traffic is curtailed. This is
manifest to any one who visits communities where there is
no such law, or examines the reports of the State Consta-
ble, and the records of the courts.
That the whole dram-shop system is considered a nuisance
and a curse is abundantly attested by the legislation of two
hundred years. The daily experience of every police officer
shows it to be the great nurseiy of vice, poverty and crime.
The people of the State have manifested their purpose,
repeatedly, to do away with the system, especially in regard
to the sale of spirituous intoxicating liquors ; but they have
not been so unanimous in their opposition to the sale of
malt liquors.
The last Legislature repeatedly, by a nearly unanimous
vote, declared its opinion to be that some modification of
the law of 1869 was expedient. Finally, an Act was passed
referring the matter to the people. There was no attempt
to legalize the sale of spirituous liquors, but it seemed to be
conceded that public opinion was well settled in regard to
them.
As I understand the law, no principle is yielded. The
public, including the friends of temperance, were divided
upon the question. No one knew the real opinion of the
people ; the Legislature referred the matter to them ; and
I could not see the propriety of withholding my signature
to the Act. Solon, when asked if he had made the best
laws for the State, replied, " No, but the best that the people
will bear." In this country the people are the law-makers
through their representatives, and to secure any law the
people have but to signify their will and it will be obeyed.
I believe the people will desire to improve this law, so far
at least as to suppress dram-shops of every kind. This
seems to be their opinion as expressed by their votes taken
in September, which show that of 140 cities and towns vot-
ing, 119 decided to prohibit the sale.
It is believed that if local meetings had been more
generally held, the vote would have been more decisive, and
the moral effects of such action by the people would have
816 GOVERNOR'S ADDRESS.
greatly deterred offenders against the law from pursuing
their business.
Although there is a seeming indifference to the great evil
of intemperance ; although the most enthusiastic friends of
temperance are often disheartened by the obstacles to be
overcome, still there is constant discussion as to the best
methods of suppressing it, and there is a steady advance in '
the general sentiment that the use of intoxicating liquors
as a beverage is not to be defended ; but, on the contrary,
that the public morals and the public interests will be
greatly subserved when the custom shall have been aban-
doned. Surely, every philanthropist, every lover of his
country, every political economist, must feel called upon to
aid, by example as well as by precept, in the consummation
of a reform upon which the highest interests of the State
so greatly depend.
ASYLUMS FOR INEBRIATES.
I shall transmit to you, at an early day, the able Report
of the Commissioners on Inebriate Asylums, which cannot
fail to be read with much interest. For a long time efforts
have been made to establish an institution which shall Ibe
exclusively devoted to the restraint and reclamation of per-
sons sentenced to prison for drunkenness. They are a
source of constant sorrow to their friends, and a burden to
the community when free. Many of them, when sober, are
peaceful and industrious, doing what they can for the com-
fort and support of their families. The appetite for stimu-
lants has been indulged by them so long that the ordinary
periods of imprisonment serve little else than to make the
desire uncontrollable, when they are again brought into
places of temptation. By a longer term of restraint it is
hoped a cure may be effected, as their physical systems will
have been improved, tlieir moral powers gradually strength-
ened, and thus they become enabled to overcome their
habits.
The Commission have given much attention to this part
of the subject submitted to them, and their conclusions can-
not fail deeply to interest the public and justify decided
action by the Legislature. It is repugnant to our humanity,
if not to our sense of justice, to incarcerate these men with
professional and hardened felons, and they should suffer this
wrong no longer. The Commission recommend the incor-
poration of an institution for the medical treatment of ine-
briates who directly place . themselves voluntarily under
restraint, or are placed in the institution in the same man-
GOVERNOR'S ADDRESS. 817
ner that insane psrsons now are in asylums. They also con-
cur in the request of the Directors of the Washingtonian
Home for an appropriation by the State of the sum of fifty
thousand dollars, on condition that a like sum is given by
individuals for the purposes of the institution. This Home
has been very useful in years past in saving many men who
appeared to be lost to themselves and the world, and its
means should be increased that it may keep pace with the
demands made upon it. It is commended to your favorable
consideration.
THE STATE POLICE.
It will be seen from the report of the Constable of the
Commonwealth that while the special duties devolving upon
his force by law have been faithfully performed, the deputies
have been exceedingly useful as a general police for the
preservation of order on important occasions, as well as for
the detection and prevention of ordinary M-imes.
The necessity of this force is more apparent every year.
To rely only upon the police of the several municipalities for
the arrest of even common offenders would weaken the ad-
ministration of law. The fact that there is a central force
accustomed to dealing with turbulent and disorderly per-
sons, is in itself a check upon the disposition of offenders to
resist other officers of the law. In no year have the services
of the police been in such constant requisition by the author-
ities of cities and towns where there were to be large gather-
ings, as in the past. The efficiency and good conduct of the
force on all these occasions have been most noticeable, and
have elicited high praise from persons hitherto disposed to
question the necessity of its existence.
The last Legislature so far reduced the appropriation that
nearly one-half of the deputies had to be discharged. This
has proportionally diminished the value of the labors of the
force, and the impolicy of this movement is seen in the fact
that constant calls have been made by the people of many of
our larger towns for the reappointment of the discharged
officers in their respective localities, in order that they may
be protected in their persons and property. The Constable
of the Commonwealth has collected and paid into the treas-
uries of the several counties, sixty thousand dollars more
than the whole expense incurred in his office.
The cost to the people, then, would seem to be no reason
why the appropriation should be reduced. It is far better to
prevent crime than to arrest and punish criminals who, if
they understand that there is a force, ever on the alert, fully
818 GOVERNOR'S ADDRESS.
competent to deal with them, are deterred, if resident here,
from breaches of the law ; and those living elsewhere avoid
a State where their characters are known and where thej are
almost sure to be detected and punished if they commit
crimes. It must be apparent that the best interests of the
community will be promoted by a larger appropriation, that
the number of constables may be increased.
AGRICULTURE.
The agriculture of the State has suffered from the peculi-
arities of the season, to a greater extent, perhaps, than any
other interest. A winter of singular mildness, followed by a
spring remarkably early and propitious, gave promise of a
fruitful harvest ; but a heated term succeeded, culminating
in a drought of unprecedented severity, which seriously
affected the crops, and caused great loss and inconvenience
in all parts of the State. The aggregate yield of farm pro-
ducts, with the exception of fruit, has therefore been less
than usual.
Tlie live-stock interest of the State, especially that con-
nected with the dairy, has been increasing in extent and im-
portance during the last few years, and the well-being of the
community is so intimately coimected with "and dependent
upon it, that the health of the animals on which we rely for
dairy products is a matter of great public concern. Conta-
gious diseases among cattle, therefore, have occupied the
attention of all civilized governments. The energy and
decision with which the State authorities extirpated a highly
contagious cattle disease, imported into this State ten years
ago, elicited the highest commendations throughout the
country, and indeed it may be said throughout the civilized
world, for the methods adopted, the Acts of the Legislature,
and the reports of the Cattle Commission relating to it, have
been eagerly sought wherever the disease has appeared in
this country and abroad.
We have a new disease to contend with, which is of a
highly contagious character, recently imported and spreading
rapidly among the farm stock. Though quite different from
the disease known as pleuro-pneumonia, which the authori-
ties so thoroughly eradicated that no trace of it has been
found within our limits for the last five or six years, it is re-
garded abroad as scarcely less to be dreaded, — not so much
from its immediate fatality as from the great loss of property
which it entails by rendering the cattle useless. The sacrifice
of several hundred thousand dollars is believed to be inevi-
table. It is supposed to be too late to attack the disease with
GOVERNOR'S ADDRESS. 819
any hope of eradicating it completely ; but if the Legislature
places sufficient power in the hands of the Cattle Commission
at once, it may be confined to its present limits by suitable
sanitary regulations.
The Legislature of 1869 offered prizes for essays upon the
construction, repairs and management of roads, to be awarded
under the direction of the State Board of Agriculture. The
offer elicited a wide competition, and the prizes were assigned
by a committee of the Board, but the matter was not laid
before the Legislature in season for any mature action to
change the present ancient system of road management.
Certain inquiries were instituted, however, and the results,
with many statistics in regard to the extent and condition of
our public highways, will soon be laid before the Legislature
by the Secretary of the State Board of Agriculture. A wide-
spread interest has been awakened in this subject, and it is
believed that the time has come when the whole system of
roads, as recognized by the statutes of this Commonwealth,
should be revised and adapted to the wants of the present
time and of an advancing civilization.
The Agricultural College has steadily grown in importance
and in the confidence of the public. The number of students
already admitted, and the numbers presenting themselves for
admission each year, show clearly that there was a demand
for such an institution in the community. An impartial
examination of the curriculum of studies must convince any
candid man that it is eminently calculated to meet the prac-
tical wants of the present time. This College affords an
opportunity for any young man to study the natural sciences
and fit himself at the same time by daily observation and
labor, for the pursuit of agriculture. It gives him a thorough
course of instruction in English literature ; he is obliged to
study military tactics and practise them daily, so that when
he is graduated lie is well qualified for military duty and
command. So far as the classes have gone on they show
good proficiency, and it is confidently expected by the friends
of the institution that the class which is to be graduated this
year will compare favorably with classes in our other colleges
in the studies which they have pursued. The expenses of
the course in this College are not large, and it is the aim of
the trustees to bring them within the reach of any young
man of enterprise and energy who desires to obtain an educa-
tion which will fit him for the active labors of life. The
practical value of the College will be more apparent here-
after, and its friends firmly believe that the day is not far
distant when a large number of students will be in attend-
50
820 GOVERNOR'S ADDRESS.
ance, and that it deserves and should receive the fostering
care of the State. Give it means to educate three hundred
students, and it is expected that it will be of no further
expense to the Commonwealth, but become self-sustaining,
and that then, like other colleges, needed improvements will
be furnished by the beneficence of the wealthy, aided by the
strong support of the Alumni who will be graduated from
year to year.
The last Legislature passed an Act " for the laying out one
or more public parks in or near the City of Boston." The
Act failed by a few votes only to be accepted by the people.
As there was so large a vote in its favor, it would seem to be
the general opinion that the public good required the con-
templated action authorized by the Bill, and it is worthy
of your consideration whether the two-thirds vote required
to make the Act valid should not now be reduced to a
simple majority. It is not alone the City of Boston which is
interested in this enterprise, but a large district of country
around it.
INLAND FISHERIES.
The fifth annual report of the Commissioners on Inland
Fisheries contains much interesting and valuable informa-
tion. The commissioners are gentlemen whose experience,
mature judgment and practical methods of management are
manifest in their prosecution of the important work en-
trusted to them. The experiments, facts and statistics which
are given are valuable additions to what has hitherto been
collected relating to fish culture, — a branch of industry
which is gaining in popular favor, and in which a large num-
ber of the people in different parts of the Commonwealth are
engaged, with more success than has been anticipated. Ap-
plications are constantly made to the commissioners to set
apart streams, ponds or lakes for the purpose of prosecuting
this business.
The case of the Commonwealth vs. The Holyoke Water
Power Company is practically settled, the supreme court
having decided that this company was sheltering itself behind
an erroneous construction of its charter, thus endorsing an
opinion long ago expressed by the commissioners. Should
the United States Supreme Court, to which the case has been
appealed, confirm this decision, the State will be saved an
outlay of about twenty-five thousand dollars.
The cost of the work performed by the commissioners is
trifling compared with the results reached, and there can be
no hesitation in granting the small appropriation which they
recommend.
GOVERNOR'S ADDRESS. 821
IMPROVEMENTS IN CAPE COD HARBOR.
In 1867, after careful consideration, the Legislature author-
ized the construction of a sea-wall across the opening of East
Harbor Creek, in Cape Cod Harbor, at Provincetown, and
appropriated for that purpose one hundred thousand dollars.
In the year 1868 the appropriation was increased to one
hundred and fifty thousand dollars, and placed in the hands
of commissioners, who thereupon proceeded to construct the
sea-wall or dike, and finally completed it successfully in the
year 1869. Among the original resolutions was one assert-
ing that " the appropriation hereby made is in anticipation
of a duty and obligation which manifestly belongs to the
general government of the United States, and which is now
assumed by Massachusetts in the present exigency, relying
upon ultimate reimbursement therefor." It will be seen
from this that that Legislature were clearly of the opinion
that there was an exigency for completing the work ; for,
although the harbor was so much in danger, yet the United
States had failed to make the necessary appropriations for
the purpose. The whole work, since its completion, has
been examined by United States engineers, and pronounced
by them to be satisfactorily constructed. In the opinion of
some of them at least, if not all, the dike was absolutely
necessary to the preservation of the harbor. The United
States has always assumed the control and made all the
necessary expenditures for the preservation of all the im-
portant harbors of the country. It is clearly, then, the duty
of the general government to reimburse the State for this
expense. By the first Resolve it was made the duty of the
executive to request our senators and representatives to
urge and secure the reimbursement by the United States of
the amount expended, but the work was not completed in -
time to be fully presented to Congress for action during the
last session. If the matter should receive the early atten-
tion of the Legislature, and a memorial be presented to Con-
gress, stating the conditions of the work and the necessity of
the expenditure, it would aid in securing the payment of the
amount disbursed, and which, by every consideration of jus-
tice, is due the Commonwealth.
EDUCATION.
No subject awakens a deeper interest in the minds of the
people of this Commonwealth than that of education. Tlie
appropriations for public schools are increased each year by
the cities and towns. The systems of instruction are thor-
oughly discussed and examined by teachers, school boards
822 GOVERNOR'S ADDRESS.
and persons interested, that new and better methods may be
brought into use and old forms made more effectual. The
public school-houses attest the desire of the people to pro-
vide material facilities hitherto unequalled and, until re-
cently, unthought of by the most enlightened and progres-
sive friends of education. The salaries of teachers have been
increased, and although they are still too small to induce a
sufficient number of persons to make instruction a profes-
sion, still more men and women are now preparing than
heretofore to devote their lives to this interesting and honor-
able vocation.
Although the standard of education has been raised so
high, and the reputation of the State is unsurpassed by that
of any other in the Union, much remains to be done to per-
fect the system and give it wider scope and increased
means of usefulness. The chief hope of our State is in its
intellectual development. From the education of the whole
people she has received incalculable blessings in the past,
but only by a most watchful and attentive care can they be
retained in the future. No outlay can bring such an abun-
dant return, even in material wealth, but this is far exceeded
by the higher benefits received and the nobler purposes in-
spired by the pursuit of knowledge.
Let no demand for assistance in any department of instruc-
tion be met in a parsimonious spirit, and if there is even a
promise of benefit in any new suggestion, the experiment
should have a fair trial. Hitherto our system of education
has extended little beyond elementary principles. There is
open to us a most extensive field of usefulness on which the
future productive power of the State greatly depends.
Our system is deficient in teclinical instruction ; we give
no special drill for any particular trade. Wlien our chil-
dren are graduated from the public schools they have no
preparation, by instruction, for any definite business. A
boy must clioose his occupation and fit himself for its duties
without other instruction than the slow process of experi-
ence and observation. In the demand for labor and the
changed circumstances of the time the old apprentice sys-
tem has passed away, and there is no convenient and proper
substitute. Nearly all of our industrial labor is self-taught,
and consequently in a great degree unskilful, compelling us
to manufacture coarser fabrics, or import machinery and
skilled laborers from Europe. The future material success
of the State lies in her industrial mechanical pursuits. With
small territory and a sterile soil, a largely increased agricul-
tural product cannot be expected, but other forms of Indus-
GOVERNOR'S ADDRESS. 823
try may be extended indefinitely, if we educate our artisans
and supply skilled laborers from our own population. Each
large town should have a technical school established, to
teach the particular branches of business followed by the
inhabitants of the town and vicinity, not only for youth but
also for adults. From these schools would go forth, each
year, graduates fitted to fill important positions in our vari-
ous manufactories, with minds trained to apply the princi-
ples which have been slowly developed by their predecessors
iu the school of experience. Technical schools have been
established by law in Germany, Prussia, Belgium and other
States of Europe, for the express object of enabling those
countries to compete with their neighbors in all kinds of
manufacture. They have been very successful, and wherever
located the communities are prosperous, and the business of
the town or village enjoying the advantages of a technical
school, has largely increased. In this matter of technical
education we are far behind these countries. We should be
so no longer. We are liberal in our grants for elementary
and classical education ; we encourage railroads and other
public works ; but thus far we have failed to stimulate and
interest our youth in those special industries which are to
give our State increase in population and material prosper-
ity. Perhaps it will be found unnecessary to draw much
money from the treasury to initiate the system, for the end
may be accomplished by authorizing the cities and larger
towns to establish such schools as are suited to the business
of the locality, and support them in the same way that other
schools are now sustained.
The theoretical study of music has been introduced, with
marked success, into the pul)lic schools of some of our larger
cities and towns. It may be wise to make this one of the
branches of learning which are required to be taught in our
public schools.
The amount expended for instruction, raised
by taxation, is, $3,125,053 09
Increase over last year, .... 201,344 30
Amount raised by taxation, including income
of surplus revenue, for each child in the
State between the ages of five and fifteen
years, $11 54
Increase over last year, .... 70
Percentage of the valuation of 1865, appropriated for pub-
lic schools, three mills and ten hundredths. Increase over
last year, twenty hundredths.
824 GOVERNOR'S ADDRESS.
The larger proportion of teachers are women, and their
average wages per month are only thirty dollars and ninety-
two cents. When we consider the care and responsibility
which devolve upon the teachers, and that comparatively
few persons are fitted for the profession when they enter it,
and that they do not intend to follow it for any great length
of time, we must inevitably come to the conclusion that an
increase of compensation is absolutely necessary to the con-
tinued success of our schools. Tlie most costly instruction
paid for is that given by inexperienced and incompetent
teachers. The scholar suffers all his life from errors con-
tracted in his youth ; and often two years' attendance at
school is of less advantage than one would have been under
a competent and faithful teacher. A large proportion of our
teachers come from the academies of the State. They would
be much benefited by attending a " training class " before
leaving school. These academies might be encouraged to
establish such classes by a small appropriation annually, to
be expended under the direction of the Board of Education.
The Board, in their last annual report, recommended,
after careful consideration, the establishment of a fifth Nor-
mal School at Worcester. The people of that city feel that
they have been deprived, in a great degree, of the benefits of
Normal School instruction. Tliey claim that the Normal
Schools are more accessible to the people of nearly all the
other cities of the Commonwealth than to them ; that while
there are large numbers of young persons in Worcester and
vicinity who would gladly prepare themselves to become
teachers in their public schools, they are unable to leave
home and consequently lose the advantages enjoyed by
others. The experience of the Board shows that a very large
portion of the pupils come from the immediate neighborhood
of the schools, and that this tendency is increasing yearly.
There is a growing demand for teachers trained in these
schools, and it would seem to be the dictate of wisdom to
supply tills demand so far as it is possible.
The locations of some of the Normal Schools are unfortu-
nate, but not so inconvenient as to make their removal nec-
essary. If they had been placed nearer the great centres
of population a much larger number of pupils would have
attended them for the purpose of becoming teachers. In
this respect Worcester being the centre of a dense rural pop-
ulation, is very favorably situated. Several important towns
in its vicinity, as well as the city, would be accommodated,
and from those towns it is confidently expected many pupils
would be received, giving promise of a much larger school
GOVERNOR'S ADDRESS. 825
than any now established. The expense of teaching three
hundred pupils would be but little more than the amount
paid for instructing half of that number, which is about the
present size of the Normal Schools. From these considera-
tions I am induced to cordially commend the action of the
Board, and to ask your favorable consideration of the re-
quest of the people of Worcester.
We regard with the highest satisfaction the present health-
ful condition of our colleges, their constantly improving
methods of instruction, the rising standard of attainments
required for entrance, and the steady flow of private benefi-
cence for their improvement. Most of these institutions are
now on a broad and solid foundation, the result of a wise
and faithful administration of the trusts committed by the
public to their respective officers. In the time of their weak-
ness the State lent them its efficient assistance, but at pres-
ent 1 believe there is no new demand upon the treasury for
their support.
I would, however, call special attention to an institution
exclusively in the care of the State, the Museum of Compar-
ative Zoology, which has given a new impulse to the study
of natural sciences in the United States. It has widened
the relations between our civilization and that of the older
nations. It has, from its very foundation, made the inter-
ests of education one of its chief objects, to which it gives
increasing attention ; giving instruction not only to special
students, but teachers also in the various branches of natu-
ral history. By its influence it is constantly raising the
standard of culture in Massachusetts, and helping her to
retain permanently her commanding position iu matters of
education throughout the country.
The growth of this institution has been so remarkable
during the eleven years of its existence that, if duly sup-
ported, it will unquestionably soon take the lead among the
great museums of the world. I would, therefore, both for
the interests of education and learning at home, and for
honorable competition with similar institutions abroad,
commend it to your liberal assistance.
It is eminently becoming in us to recognize not merely the
genius and extraordinary endowments of the projector of
this institution, but also the generous devotion to science
and the partiality which led him to select this country, and
especially this State, as the sphere of his invaluable labors, —
labors which reflect the highest honor on himself and on
the land of his adoption, — raising it to a high position in the
scientific world. We are painfully reminded by the present
826 GOVERNOR'S ADDRESS.
state of his health that the time for developing his great idea
and executing the part of the work he has undertaken, is
both limited and of uncertain duration. What he has to do
for us and we for him must be done quickly. Let the Com-
monwealth of Massachusetts with a magnanimous spirit meet
the generous foreigner who has left his native land for ours,
and for us refused the flattering offers of a mighty nation,
sacrificing both health and fortune for our advancement.
Let Massachusetts show the world that genius, generosity
and science are not unappreciated by her.
woman's suffrage.
"Woman's suffrage has recently been the subject of much
public discussion. If brought to your attention, no doubt
you will give it that consideration which it properly deserves.
Certainly that is no trifling matter which concerns the in-
terests and duties of more than one-half of the people of the
Commonwealth. The usages, the sentiments and the teach-
mgs of past ages are indeed in opposition to this principle,
but this is an age of change and progress. The existence
and action of our republican government are also in opposi-
tion to the customs of the majority of nations, past and pres-
ent. We are accustomed to examine each question inde-
pendently on its intrinsic merits, and we are not bound by
the traditions of the past.
With regard, then, to the abstract right, it is difficult to
see why one sex only should exercise the privilege of voting,
and there certainly are many strong considerations why
those now excluded should be permitted to share in public
affairs. Whatever conclusions, however, we may reach on
this point, there- can be no question that great injustice is
done to woman by many existing laws, and it is our duty to
relieve the statute books of these relics of barbaric ages.
I allude particularly to those laws affecting the rights of
property.
For instance : a husband inherits all of his wife's separate
personal estate, while she under like circumstances will in-
herit only one-third of his ; the husband can dispose of all
his personal estate by will, but she can devise no more than
one-half of her separate estate without his consent ; a hus-
band's separate deed can convey his real estate, subject only
to dower and homestead, without her consent, but her deed
conveying her own separate estate without his consent is
absolutely void. The wife cannot convey her shares in a
corporation, neither can she lease her separate real estate
for more than one year, without her husband's consent. No
GOVERNOR'S ADDRESS. 827
such restriction attaches to the husband's stock in corpora-
tions, or leases of real estate, and while a wife within a speci-
fied time may waive the provisions of her husband's will, if
it unjustly deprives her of her proper share of his property,
yet if she is insane during that period of time, no such waiver
can be made, and tbe unjust will must stand, so that if the
death of her husband causes her to lose her reason, she will
with it lose her just share of his property also.
There are laws, also, affecting the rights of woman in re-
gard to children, which bear severely upon her in the tender-
est relations. The courts have often shielded her of late
years in these matters, realizing doubtless that precedent and
the usual strict interpretation of laws often bring great injus-
tice to many worthy and suffering mothers, and lasting injury
to children. All such injustice and hardship should be elim-
inated from our laws, and this is peculiarly your function.
The laws of a State ought to express the sentiments and
opinions of the people, but our statutes now fail to do this in
many particulars deeply affecting the rights of woman.
THE LABOR QUESTION.
As the guardians of the public welfare, you are called upon
to do everything that legislation can properly effect, to im-
prove the physical, mental and moral condition of your con-
stituents, especially of those whose daily toil contributes so
largely to the prosperity of our vast manufacturing interests.
To promote this end the Board of Health are actively pursu-
ing their investigations into the sanitary condition of manu-
factories and the dwellings connected with them.
The Bureau of Labor is also particularly charged to inquire
into and secure the enforcement of laws in regard to the
schooling of children, and to report on the general condition
of the productive industry of the Commonwealth. In the
last twenty years, legislation has been wise and efficient in
behalf of this important interest, but there is still room for
advance, and the time has now come to inquire whether the
hours of labor in manufactories, established by law, may not
be limited with great advantage to both employers and the
employed. Of course, tliis does not directly affect the ques-
tion of wages, wliich cannot properly be determined by legis-
lation. The report of the Bureau of Labor, containing many
interesting statistical statements, will soon be laid before you
for your information.
COMMERCE.
Representing a section of the Union deeply concerned in
everything affecting national interests, you cannot overlook
51
828 GOVERNOR'S ADDRESS.
the present oppressed condition of American commerce. We
were gratified last year with the prospect of immediate and
efficient action by the general government in its behalf ; but,
although a very able committee has examined the subject,
and reported recommending that steps be taken to this end,
yet nothing practical has been done, and we are apparently
farther from a satisfactory result than we were a year since.
Although this department of industry is conducted by indi-
vidual enterprise, which should be always encouraged, it is
peculiarly of national importance, and essential to a success-
ful competition with other nations in time of peace, and to
our own safety in time of war. If there should occur any
occasion in which you may legitimately act in this matter,
it will, I doubt not, meet your prompt attention.
LENGTH OF SESSIONS.
A sense of public duty, alone, compels me to advert to the
importance of bringing your session to an early close. The
length of time devoted to legislation the last two or three
years, has caused great impatience among the people.
The evils attendant upon long sessions are too apparent to
be questioned. If there is no way of remedying the difficulty,
except by a radical change in our constitution, then we
should hasten to adopt the system in practice in many other
States of biennial sessions.
The conviction is prevalent that our General Laws are well
settled, and that the constant liability to change, incident to
annual sessions half a year in length, is very injurious to
business, and wholly unnecessary. Probably a Legislature
sitting once in two years would meet all the real wants of the
community. Now, there is scarcely time to learn the results
of a law before it may be altered or repealed. The cost of
yearly sessions is a circumstance not to be disregarded, the
expense now reaching annually nearly four hundred thou-
sand dollars. Half of this would be saved to our tax-payers,
already too heavily burdened. I leave the matter for your
consideration.
NATIONAL AFFAIRS.
The people of this State remember with gratitude and
pride that they are a part of that nation whichwas the first
to declare that all men are free and equal. No distinction of
color is recognized in our laws, but every man stands before
them the peer of his fellow. After nearly a century has
elapsed, through much strife, sorrow and tribulation, this
dream of the fathers of the Constitution has at length become
fixed and enthroned in the hearts of the people.
GOVERNOR'S ADDRESS. 829
This generation has done a great work, but they will be
faithless to their own history if they pause in their career of
mighty endeavor. With unsurpassed means of intercom-
munication from the Atlantic to the Pacific, speaking the
same language, living under the same general laws, with
ideas of personal freedom hitherto unknown by any nation
on earth, they have opportunities of public and general cul-
ture and of social enjoyment opened to them, such as the
boldest imagination dared not assert as possible a hundred
years ago. That these priceless advantages may never be
lost, nor this noble heritage sacrificed to local jealousies and
personal ambition, is the work assigned to the present genera-
tion. The men who saved the Union understand its value.
We shall be recreant to them and to our duty if the govern-
ment of this nation is allowed to pass into the hands of men
who will acknowledge fellowship even, with those who in the
very dawn — as they imagine — of returning power, are ready
to tear from their resting places the bones of the patriot sol-
diers to whom the nation owes its life, in order that the
traitors may return to the lands which they left, to destroy
the nation, and rivet the chains of the slave. When such
impious desires shall be no longer cherished, when the graves
of our patriot dead shall be left undisturbed, and the voice
of scorn shall be no longer heard in our land — but not till
then — can the people divide on the minor issues of the hour
without fear that a change of rulers will destroy the honor
and integrity of the nation, saved at such terrible sacrifices
of blood and treasure.
We rejoice in tlie returning prosperity of that part of our
country desolated by war, and we hope the time is not far
distant when the spirit of strife shall cease, and when even
the remembrance of the conflict shall fade away. Undoubt-
edly the best interests of the country can be secured and the
highest hopes of the people realized only by their having an
assured unity.
We are reminded, not only by our own history, but also
by the terrible conflict now raging between two of the most
enlightened nations of the globe, of the inestimable value of
peace. We cannot deprecate too strongly all attempts to
arouse amongst us a spirit of hostility towards other nations.
The middle classes of the people of Europe look to America
as their refuge from tyranny, and as the home of the poor.
They were our friends in the darkest days of the rebellion.
In Great Britain, even amid the extreme sufferings caused
by the continuance of our struggle, they constrained their
rulers to observe neutrality, and they in the end will compel
830 GOVERNOR'S ADDRESS.
their government to render us the meed of justice. Upon
them would fall the horrors of war in any contest with us,
and we should be slow to weaken their confidence in our
magnanimity, or give to their opponents the long sought
^ opportunity of attaining power, and thus increasing the dan-
ger of war by postponing the settlement of the questions in
dispute between the two countries.
Senators and Representatives :
You meet under most favorable circumstances, in a State
rich with memorials of the past, strong in resources, full of
enterprise and blessed with high civilization. The recent
census shows a steady advance in her population, in which
she compares favorably with the new States of the West.
Yours is now the opportunity to extend the application of
those principles of government which have given to the Com-
monwealth enviable renown abroad, and to her citizens at
home blessings innumerable.
Let us be faithful to our high trusts, believing in the end
we shall meet the approval of our constituents and receive
the benediction of Heaven.
SPECIAL MESSAGES. 831
SPECIAL MESSAGES.
THE FOLLOWING SPECIAL COMMUNICATIONS WERE MADE BY HIS
EXCELLENCY THE GOVERNOR, TO THE LEGISLATURE,
DURING THE ANNUAL SESSION.
[To the Senate, January 21.]
I have the honor to transmit herewith, for such action as
the Legislature may deem proper, a communication from the
Hon. Wm. Gray, chairman of the committee " appointed to
procure and present to the Commonwealth of Massaclmsetts
a statue of John A. Andrew in marble," informing me that
the statue has arrived, and that it will soon be placed in
position in the Doric Hall, as designated by the Resolve
passed by the Legislature of the year 1868.
[To the Senate, February 7.]
In compliance with the Order adopted by the Senate, Jan-
uary 16, 1871, I have the honor to transmit herewith copies
of the decrees which have been issued by the Supreme Judi-
cial Court, in relation to the Boston, Hartford and Erie
Railroad Company.
[To the 'Senate, February 27.]
I have the honor to transmit herewith, for the information
and consideration of the Legislature, the Annual Report of
the Adjutant-General of the Commonwealth ; and a com-
munication from the Trustees of the Antietam National
Cemetery.
[To the Senate, March 7.]
In compliance with an Order adopted by the Legislature, I
have the honor to transmit herewith the Report of the Com-
missioners appointed under chapter 51 of the Resolves of
1870, in relation to disabled soldiers.
[To the Senate, March 9.]
In compliance with an Order adopted by the Legislature, I
have the honor to transmit herewith a copy of the Report of
the State Liquor Commissioner for the year 1870.
[To the Senate, March 20.]
I have the honor to transmit herewith, for the considera-
tion of the Legislature, a communication from Admiral Shu-
832 SPECIAL MESSAGES.
brick, Chairman of the Lighthouse Board, asking for the
passage of a general Act concerning the purchase of land by
the United States for lighthouse purposes, and respectfully
request that the subject may receive early attention.
[To the Senate, March 28.]
I return herewith, without my approval, the bill entitled
" An Act to authorize William H. Swift and Lemuel M.
Brock to construct a wharf in Nahant." The parties to
whom the grant is made are not residents of Nahant, and
own no property there. They leased about an acre of land
at Bass Point, but the lessors had no knowledge of their in-
tention to construct a wharf, and when the application for a
license was made to the Legislature they strenuously opposed
the grant. The people of the town by a very large majority
instructed the selectmen to protest against the application,
and every householder is opposed to it.
There seems to be no public demand for any such struc-
ture, and the proposed landing is not for the benefit of the
people of Nahant and is not asked for by them. No road
nor public street leads to the piece of land in question and
none is demanded by the public convenience. In a single
instance only has the State made a grant of this character to
parties holding an estate by lease, and then there was no
protest from owners of the soil. It would seem to be an un-
wise precedent to give to lessees of small pieces of territory
bordering on the ocean, licenses for the construction of
wharves against the protest of the owner in fee and the in-
habitants in the neighborhood. A grant of this kind should
be for the public good, or, at least, not to the detriment of
the neighbors of the grantees.
For these reasons I have withheld my assent to the bill
and return it to the branch in which it originated, for recon-
sideration.
[To the Senate, April 1.]
In compliance with an Order of the date of March 30th,
1871, requesting that a copy of a communication from Ed-
ward S. Philbrick, Consulting Engineer, upon the building
of a railroad at North Adams, be furnished the Senate, I
have the honor herewith to transmit the same for the infor-
mation of that body.
[To the Senate, May 10.]
In compliance with the Order adopted by the Legislature,
I have the honor to transmit herewith copies of the Reports
of James Laurie, late Consulting Engineer on the Hoosac
Tunnel.
1
SPECIAL MESSAGES. 833
[To the Senate, May 20.]
I have the honor to transmit herewith a communication
from the Attorney-General, with a letter from Rev. Dr.
George E. ElHs, the chairman of the committee appointed
by tlie Massachusetts Historical Society, to represent it in
the existing controversy between the society and Common-
wealth, concerning the Hutchinson Papers, so called ; and
respectfully recommend that the Attorney-General be au-
thorized to adjust the controversy on these terms, namely :
that the society will surrender to the Commonwealth all the
documents called Hutchinson Papers received by the society
from Secretary Bradford, the same to be identified by an
arbitrator mutually selected, in case they cannot be other-
wise agreed upon.
[To the House of Representatives, May 25.]
I deem it my duty to again call your attention to the im-
portance of redeeming the property mortgaged by the
Boston, Hartford and Erie Railroad Company to the Boston
Wharf Company, to secure the payment of twelve hundred
thousand dollars, on which the Commonwealth has a second
mortgage, given by the Boston, Hartford and Erie Railroad
Company as security in part for the loan made by the State
to that corporation.
By an agreement with the Commonwealth, the Boston
Wharf Company engaged to give the State nine months'
notice before selling the property under foreclosure of mort-
gage. Tlie Boston Wharf Company gave that notice on the
18th of last November. If the Legislature adjourns without
making provision for the redemption of the property the
foreclosure of the Boston Wharf Company will be complete,
and this large and valuable tract of filled land and flats will
revert to the mortgagees.
The whole area amounts to nearly two million feet of
land, of which more than 609,000 feet are already filled,
and much of it used by the Boston, Hartford and Erie
Railroad Company.
The property covered by the mortgage to the Boston
Wharf Company lies on the east side of Fort Point Channel,
and only about one thousand feet distant from that part of
Boston which is rapidly increasing in importance to the
business public. The Commonwealth owns six or seven
hundred acres of flats lying to the eastward of this tract,
which, if properly developed, will very soon be wanted for
public and private uses. The redemption of the land mort-
gaged to the Boston Wharf Company will give the State ac-
834 SPECIAL MESSAGES.
cess to the city for all its territory by the extension of East-
ern Avenue, which, it is beheved, the city will be ready to
lay out on favorable terms, as another route will thus be
opened to South Boston, a part of the city now growing
very rapidly.
While it would not be wise for the State to purchase lands
on speculation, it is a far different matter when they come
into its possession as a security for loans made by the Com-
monwealth. This second mortgage covers all loans made to
the Boston, Hartford and Erie Railroad Company, and the
property cannot be redeemed except by the State. The
Boston Wharf Company have signified their readiness to
concede a considerable part of the amount due them on the
mortgage. The affairs of the Boston, Hartford and Erie
Railroad Company are being rapidly adjusted, and there is
every reason to hope that a new corporation will very soon
be formed, which will put that great enterprise on a substan-
tial foundation. Much of this land will be needed for the
uses of this railroad, and the State, having a large interest
in the corporation, should save as far as possible such prop-
erty as is absolutely essential to its wants and the conven-
ience of the public. It also seems to me very plain that the
possession of this territory by the Commonwealth will add
greatly to the value and the safety of the security it now
holds for the Boston, Hartford and Erie Railroad loan, and
if the present opportunity to gain possession of this property
is lost it may never occur again.
It is the opinion of persons well informed as to the value
of real estate that there can be little or no loss to the State
in any event by the redemption of the property ; while on
the contrary, all concede that a very large sum may be ulti-
mately realized beyond its cost. For many years the State
has been unable to utilize its lands lying east of these
premises, as no arrangement could be made with the owners
by .which Eastern Avenue could be opened.
The full possession of this land will remove all obstacles
to the im.provement of the South Boston flats. The filled
lands can be sold, so far as they are not needed for the
Boston, Hartford and Erie Railroad Company, and the flats,
it is believed, will soon find purchasers The State has
realized a large amount from the sale of its lands in the west
part of the city. It has also sold four hundred and thirty-
five thousand dollars' worth of flats, adjoining this territory,
to the Boston and Albany Railroad Company. Surely, with
this experience, the Legislature may venture to use the
credit of the State in the redemption of substantial real
SPECIAL MESSAGES. 835
estate pledged to it as security for loans and needed for the
improvement of the city and harbor of Boston. The city is
spending large sums of money to widen its streets and
thoroughfares to accommodate the pressing demands of the
mercantile community. When opportunity offers the State
should not hesitate to aid every enterprise which tends to
promote the convenience of the people of the city and give
them increased facilities for the transaction of business.
I leave the matter for your action, hoping that you will
think it wise to give authority to redeem the property and
make the necessary appropriation therefor.
[To the Senate, May 31.]
I return herewith, without my approval, " the bill in rela-
tion to alien passengers arriving in regular lines of commu-
nication," and indicate my objections thereto.
The bill, upon a fair estimate of expected immigration,
withdraws from the treasury the annual sum of from twenty
to thirty thousand dollars, without reducing the fares of emi-
grants to the ports of this State or otherwise contributing to
their benefit. The treasury can ill spare this diminution of
revenues without being supplied from other sources. The
Auditor's estimate, in his annual report of receipts from this
source, was 830,000, and upon that basis the State tax has
been laid. No provision has been made to supply the defi-
ciency which the proposed change would make during the
residue of the year. The special grants have also consider-
ably exceeded the estimates which determined the amount of
the State tax. It may be stated that the refunding Act of
last year effected a withdrawal of over twenty thousand dol-
lars from the treasury, and the withdrawal effected by the
bill is in addition thereto.
The bill is, by its terms, partial and unequal in its opera-
tion and for the exclusive benefit of regular lines of trans-
portation, without giving the same advantage to other carriers,
lauding more or less passengers and entitled to equal priv-
ileges. It thus puts upon our laws an invidious and unwar-
rantable discrimination, for which there is no apparent neces-
sity, and no semblance of justice. It is difficult to see why
parties, not conducting regular lines, should be compelled to
bear charges from which the regular lines, generally more
able to bear them, are to be exempted. The regular lines
are certainly an important part of our commerce, and deserve
generous cooperation, but public policy does not admit of
according to them peculiar privileges and subsidies.
52
836 SPECIAL MESSAGES.
The bill, while it increases the net profits of foreign trans-
portation companies at a corresponding loss to the Common-
wealth, and without involving any reduction in the fares of
emigrants, will greatly inconvenience them on their arrival
at the port of Boston by obstructing their debarkation. In-
stead of passing quickly from the vessel on their way to their
places of destination, considerable time must be consumed in
inquiries necessary to establish their identification in any
subsequent suit upon the general bond to be given, thus de-
taining them, where a steamship is well laden with passen-
gers, the better part of a day for an examination and descrip-
tive record, whereas less than two hours are consumed under
existing laws. If the State is to be indemnified hereafter by
a general bond instead of a fund in hand, it must have upon
record an accurate and complete description ; and experience
has shown that it cannot rely for this upon the schedule fur-
nished by the companies, but must supplement their state-
ment with inquiries and records of its own. For this delay
of the emigrants they are not compensated or relieved by any
reduction of fares or other advantage. Their fares are based,
by a combination of transportation companies, upon the cost
of bringing them to New York, including, with other items,
the head-money paid at that port ; and their fares to the port
of Boston are made the same, even though a shorter distance
is traversed. The companies do not propose, in considera-
tion of the exemptions asked for, to charge them less for a
passage to Boston than to New York, or to repay them a
like amount on their arrival at this port. The Act of the
last session, refunding the liead-money to the carriers in the
case of alien passengers leaving the State within forty-eight
hours, effected no comparative reduction of fares in favor of
Boston, or any reduction 2t all, or any r-epayment of the
refunded amount to the emigrant himself. The result is,
that while the head-money continues to be collected at New
York, the emigrant will pay it as a part of his passage money
to this port, equal fare being charged to both ports, and will,
if the bill becomes a law, be subjected, together with perhaps
the additional char^'e of an inspection Joe, to the finther dis-
comforts and delays of a particular examination and record,
from which at the ports of thio State he ha^ hitherto been
happily exempt.
The bill substitutes for the present method of securing the
Commonwealth, one more uncertain and expensive. A fund
is provided by the existing law from which the expense of
supporting emigrants who become public charges is paid ;
but the bill remits the Commonwealth solely, where the car-
SPECIAL MESSAGES. 837
rier elects to give it, to a suit upon a bond, the enforcement
of which is likely to involve litigation, more or less prolonged,
with difficult questions of identification, and this against
sureties who are not required to be residents of the Common-
wealth. It has not been found heretofore that such bonds
provide any substantial security, and our own experience is
confirmed by that of other States.
The bill gives the power, without restriction, to the owners
of the steamships and other vessels belonging to the regular
lines, or their authorized agent, to terminate their liability
for the subsequent expenses of an alien passenger, incurred
after notice, who has become a public charge, by conveying
him at their own expense to the port from which they larought
him. Though he may have lived among us many years and .
all his kindred may be resident here, the owners cannot be
required to pay the expense of his support here if they choose
otherwise ; and they have impliedly the power to transport
him beyond the seas, even though every consideration of
humanity forbids his removal. If a qualified power of re-
moval may be properly intrusted to certain public officers
acting under a sense of official responsibility, an unrestricted
power, of a kind liable to great abuse, ought not to be ex-
tended to private parties who have no such responsibility
and are resident abroad.
The specific objections to the bill are not likely to be com-
pensated by any general benefit to the community. There
is no reasonable prospect that it will attract immigration to
the country or divert it from the ports of other States to our
own. The refunding Act, passed at the last session of the
Legislature, was expected by its promoters to increase the
numbeis arriving at this port ; but during the twelve months
of its operation they have been less by over four thousand
than during the corresponding period preceding its enact-
ment. Nor can this decrease be accounted for by the war
between France and Germany ; for during the operation of
the refunding Act the emigration from the Continent of
Europe has bu+ slightly decreased, while the main decrease
has been in the arrivals from Great Britain and her North
American Provinces, which were unaffected by the war. The
refunding provision, which was first enacted in 1853 and then
repealed in 18G5, had likewise no effect in that first period of
its operation in increasing immigration, as* appears by the
official statistics, and was therefore repealed. If the modifi-
cation last year of the then existing system did not have the
promised effect, there is no reason to suppose that further
legislation in the same direction will realize the expected
838 . SPECIAL MESSAGES.
advantage. Immigration does not appear to be determined
by such provisions, but by the higher considerations which
make a permanent residence in one country more desirable
than in another.
It is claimed for the bill that it will promote the commerce
of Boston. It is difficult to see how it can produce this re-
sult to any appreciable extent. The most that it can do is
to distribute among the different carriers the amount of head-
money to be remitted. This is too small an item in the
aggregate of receipts to attract vessels or lines of transporta-
tion to this port which would not otherwise make it their
terminus, particularly where the company lades with freight
as well as passengers, and makes the port of New York a
terminus as well as this. When the refunding Act of the
last session was passed, the assurance was given that the
measure would keep the Inman line at this port ; but it was
discontinued before the close of the year for want, it is under-
stood, of sufficient patronage in the way of freight. During
the discussions which followed the withdrawal of the Cunard
line in 1867 and the public-spirited efforts of our merchants
at a later date to establish an American line of steamships
running between the ports of Boston and Liverpool, it was
not suggested that the head-money interfered with our mer-
cantile interests, but the want of adequate freight was the
controlling consideration urged. If there had been any sub-
stantial interference of the head-money with the desired
object, it would not have been likely to have escaped the
attention of the parties interested or of the public generally.
It should be the pride and duty of the State to encourage
and protect, as far as may be, the commerce of our first city,
but the pending bill does not appear to have any direct rela-
tion to it.
The present laws in relation to alien passengers are, in
their essential features, of long standing in this Common-
wealth. Twenty years ago, after a decision of the supreme
court of the United States, they were put substantially in
their present shape. They have been approved by able law-
yers, and have passed unquestioned in our courts. State and
national ; and those courts are still open to all suitors who
desire to contest them. By the Acts of 1852 and 1854 the
sum of six thousand dollars is reserved from the fund derived
from this source to constitute a sinking fund for the redemp-
tion of the scrip issued for the building and furnishing of the
State almshouses. Other seaboard States have similar legis-
lation. While the law of this State allows the bond to be
commuted by the payment of two dollars, that of the State of
I
SPECIAL MESSAGES. 839
New York has required two dollars and a half. The State
of New York, which has no refunding provision, has recently
reduced the commutation charge to a dollar and fifty cents ;
while our own, by the operation of the refunding Act, has
been practically reduced on an average to one dollar for each
European passenger. Bills presented in Congress with the
view of uniform legislation have proposed similar charges.
It is claimed that the law as it stands, requiring of the
company either a bond or the commutation money on ac-
count of all passengers, is unjust to emigrants, inasmuch as
the money is often paid on account of such as never prove a
public charge. But the inequality suggested is rather fan-
cied than real. A bond or the money instead is required on
account of all, because it cannot be determined in advance
who may become paupers. They can all rely upon public
provision in case of need, just as all passengers paying equal
fare may, whether falling sick or not, rely during the voyage
on the surgeon's care and medical supplies of the ship. The
system does not appear to be in this respect unequal or ex-
ceptional. As far as known, the emigrants themselves have
not complained of it or asked for its discontinuance. And
I shall be slow to believe that our Commonwealth has, during
a great part of her history, been practising systematic injus-
tice on persons of foreign nativity, who have sought her juris-
diction in order to better their condition and to enjoy the
blessings of liberty. I am unable to find that such injustice
has been visited upon emigrants, who have ever met with a
generous welcome from us, who have found abundant relief
in our private as well as public charities, and who, in conse-
quence of the unequal laws and unjust social arrangements
of the countries of their birth, have required, without fault
of their own, a much larger proportion of aid than others of
our citizens. The laws concerning alien passengers may
from time to time need revision, but I am constrained to
regard the present bill as injuriously affecting the finances
and security of the State, without realizing a beneficent
change in favor of the emigrant himself.
CHANGE OF NAMES.
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THE
CIYIL GOVERNMENT
OF THE
AND OFFICEES IMJIEDIATELY CONNECTED THEREWITH,
FOR THE POLITICAL YEAR
1871.
EXECUTIVE DEPAETMENT.
HIS EXCELLENCY
WILLIAM 0LAFLI:N",
GOVERNOR.
CHARLES H. TAYLOR, Private Secretary.
HIS HONOR
JOSEPH TUCKER,
LIEUTENANT-GOVERNOR.
C O U N C I L— (B Y Districts.)
1.— MARSHALL S. UNDERWOOD.
11.— WILLIAM L. REED.
III.— HENRY G. CROWELL.
IV.— JONAS FITCH.
v.— JOHN F. HARRIS.
VI.— JONATHAN B. WINN.
VII.— ELIJAH B. STODDARD.
VIIL— SYLVANDER JOHNSON.
OLITER WARN"ER,
Secretary of the Commonwealth.
CHARLES W. LOVETT, 1st Clerk. BENJAMIN C. PIPER, 2d Clerk.
CHARLES ADAMS, JR.,
Treasurer and Receiver-General.
DANIEL H. ROGERS, Ist Clerk. ARTEMAS HARMON, 2d Clerk.
CHARLES EN^DICOTT,
Auditor.
EDWARD S. DAVIS, 1st Clerk. AUGUSTUS BROWN, 2d Clerk.
CHARLES ALLEI^,
Attorney-General.
JAMES C. DAVIS, Assistant Attorney- General.
LEGISLATIVE DEPAETMENT.
GENEEAL COUET:
Arranged ix accordance with the District Eevision of 1866.
SENATE.
President— KORACE H. COOLIDGE.
District
Name of Senator.
Residence.
First Suffolk,
Rufus S. Frost, .
Chelsea.
Second "
Alonzo W. Boardman,
Boston.
Third «
William D. Park,
Boston.
Fourth "
Horace H. Coolidge,
Boston.
Fifth
James A Fox, .
Boston.
Sixth "
Patrick A. Collins,
Boston.
First Essex,
William H Caswell,
Marblehead.
Second "
Daniel E. Safford,
Hamilton.
Third "
N. S. Kimball, .
Haverhill.
Fourth "
Orlando B. Tennev,
Georgetown.
Fifth "
Frederick Willcomb,
Ipswich.
First Middlesex,
William B. Long,
Charlestown.
Second "
James Pierce,
Maiden.
Third "
Estes Howe,
Cambridge.
Fourth "
James W. Clark,
Framingham.
Fifth "
John Fletcher, Jr ,
Acton.
858
SENATE.
District.
Name of Senator.
Sixth Middlesex,
Seventh "
First Worcester,
Second "
Third "
Fourth "
Fifth "
First Hampden, .
Second "
Hampshire,
Franklia, .
Berkshire, .
Berksh'e & Hampshire,
First Norfolk, .
Second "
Third «
First Plymouth, .
Second "
• Norfolk & Plymouth, .
First Bristol,
Second "
Third "
Cape,
Island,
George P. Elliot, ■
George F. Richardson,
Adin Thayer,
J. H. Wood,
A. J. Bartholomew,
Baxter D. Whitney,
Henry C. Greeley,
Timothy F. Packard,
George M. Stearns,
Stephen M. Crosby,
Andrew J. Clark,
Richard Goodman,
Shepard Thayer,
George H. Monroe,
T. L. Wakefield,
F. W. Bird,
James G. Sproat,
Jacob Bates,
Amasa Whiting, .
Stephen H. Rhodes,
John A. Hawes, .
Charles P. Stickney,
Nathaniel E. Atwood,
Charles Bradley,
Billerica.
Lowell.
Worcester.
Grafton.
Southbridge.
Winchendon.
Clinton.
Monson.
Chicopee.
Williamsburg.
Orange.
Lenox.
Adams.
Boston.
Dedham.
Walpole.
Wareham.
East Bridgewater.
Hingham.
Taunton.
Fairhaven.
Fall River.
Provincetown.
Tisbury.
STEPHEN N. GIFFORD, Ckrk.
S. W. FOLJAMBE, Chaplain.
JOHN MORISSEY, Sergeant-at-Arms.
HOUSE OF REPRESENTATIVES.
859
HOUSE OF REPRESENTATIVES.
SpeaJcer—BARYEY JEWELL.
COUNTY OF SUFFOLK.
District.
Ward.
Name of Representative.
Residence.
1st,
Boston, Ward 1, . <
Henry S. Washburn,
Edward Pearl, .
Luther A. Wright, .
Boston.
Boston.
Boston.
2d,
Boston, Ward 2, . }
Michael Carney,
James 0. Fallon,
John Drynan, .
Boston.
Boston.
Boston.
3d,
Boston, Ward 3, . •)
George Going, .
Theophilus Burr,
John Newell, .
Boston.
Boston.
Boston.
4th,
Boston, Ward 4, . -^
Charles R. Train, .
John A. Lamson,
John P. Ober, .
Boston.
Boston.
Boston.
5th,
Boston, Ward 5, . }
Charles L. Woodbury,
John W. Regan,
John J. Murphy,
Boston.
Boston.
Boston,
6th,
Boston, Ward 6, . )
Harvey Jewell,
George L. RufBn,
Hugh Flood, .
Boston.
Boston.
Boston.
7th,
Boston, Ward 7, , }
John E. Fitzgerald, .
Hugh A. Madden, .
Hugh J. Toland,
Boston.
Boston.
Boston.
8th,
Boston, Ward 8, . ■)
Moses Kimball, .
Ira L. Moore, .
David Chamberlin, .
Boston.
Boston.
Boston.
9th,
Boston, Ward 9, . -J
George Nowell,
Francis D. Stedman,
Boston.
Boston.
10th,
Boston, Ward 10, . |
Timothy Davis,
Noah Lincoln, .
Boston.
Boston.
55
860
HOUSE OF RErRESENTATIYES.
COUNTY OF SUFFOLK— Concluded.
District.
Town or Ward.
Kame of Kepresentative.
Residence.
■1
Samuel J. Tuttle,
Boston.
llth,
Boston, Ward 11,
Charles V. Poor,
Boston.
Edward W. Griggs, .
Boston.
12th,
Boston, Ward 12,
■!
Robert Johnson,
Francis James, .
Boston.
Boston.
( Chelsea, .
.)
Caleb Lombard,
Chelsea.
13th,
■} Revere,* .
.[
Horatio B. Hersey, .
Chelsea.
( Winthrop,
•i
Thomas FJoyd, .
Winthrop.
COUNTY OF ESSEX.
1st,
f Salisbury, . . ")
■< Amesbury, . . >-
( West Newbury, . }
John Hume,
Charles L. Allen,
Amesbury.
Salisbury.
2d,
( Haverhill, . . (
( Bradford, . . 1
William E. Blunt, .
Henry 0. Burr,
S. W. Hopkinson,
Haverhill.
Haverhill.
Bradford.
3d,
( Lawrence, . . j
I Methuen, . . 1
John K. Tarbox,
Robert Bower, .
George E. Davis,
Lawrence.
Lawrence.
Lawrence.
4th,
( Andover, . . 7
( North Andover, . )
Benjamin P.Saunders,
North Andover.
5th,
( Georgetown, . . )
} Groveland, . . >
( Boxford, . . )
Stephen Osgood,
Georgetown.
6th,
( Newburyport, . . \
\ Newbury, . . 1
George J. L. Colby, .
Nathaniel Pierce,
Moses H. Fowler,
Newburyport.
Newburyport.
Newburyport.
7th,
( Ipswich, . . .7
I Rowley, . . . )
Edward T. Lyford, .
Rowley.
8th,
( Gloucester, . . j
( Essex, . . .1
William A. Pew,
Benjamin H. Corliss,.
Charles P. Thompson,
Gloucester.
Gloucester.
Gloucester.
9th,
Rockport,
George H. Vibbert, .
Rockporf^
10th,
f Beverly, . . .">
) Manchester, . . >-
( Hamilton, . . )
John I. Baker, .
Nathan H. Webb, .
Beverly.
Beverly.
* Name of North Chelsea was changed to Revere, March 24, 1871.
HOUSE OF REPRESENTATIVES.
COUNTY OF ESSEX— Concluded.
861
iith,
12th,
13th,
14th,
15th,
16th,
17th,
18th,
19th,
20th,
Town or Ward.
( Danvers, . . . >
I Wenham, . . )
Peabody, .
5 Salem, Wards 1,2)
I and 3, . . . |
Salem,Wards 4 and 6,
( Marblehead, and )
\ Ward 5, Salem, . ^
^ Lynn, AVard 4, and )
I Nahant, . . |
Lynn, Wards 2 and 5,
( Lynn, Ward 3, and >
( Swampscott, . . )
j Lynn, Wards 1,6 7
( "and 7, . . . |
f Saugus,
Lyiinfield,
j Middleton,
LTopsfield,
J
Name of Kepresentative.
George H. Peabody, .
Robert S. Daniels, .
Samuel Galley, .
Willard P. Phillips, .
William CoG;swell,
George D. Glover,
Thomas Swasey, Jr., ,
Peter M. Neal, .
William R. Melden, ,
Orrin Hewes, .
Daniel N. Barrett,
Hiram A. Stiles,
Danvers.
Peabody.
Salem.
Salem.
Salem.
Salem.
Marblehead.
Lynn.
Lynn.
Lynn.
Lynn.
Middleton.
COUNTY OF MIDDLESEX.
1st,
CharlestowH,Ward 1,
Alfred K. Merrill, .
Charlestown.
2d,
Charlestown,Ward 2, j
Thomas B. Harris, .
Joseph H. Cotton,
Charlestown.
Charlestown.
8d,
Charlestown,Ward 3, <
Andrew J. Bailey,
Israel P. Magoun,
Charlestown.
Charlestown.
4th,
j Somerville, . . j
1 Maiden,* . . .1
Selwin Z. Bowman, .
Charles H. Guild, .
Joseph M. Russell, .
Somerville.
Somerville.
Maiden.
5th,
Medford, .
John S. Cotton,
Medford.
* Town of Everett incorporated March 9, 1870, embracing a portion of the town of
Maiden. Suffrage rights unchanged, except for municipal purposes, until new ap-
portionment.
862
HOUSE OF REPRESENTATIVES.
COUNTY OF MIDDLESEX— Continued.
6th,
7th,
8th,
9th,
10th,
11th,
12th,
13th,
14th,
15th,
16th,
17th,
18th,
19th,
20th,
Town or Ward.
Arhngton,
Winchester,
Cambridge, Ward 1,
" Ward 5,
Cambridge, Ward 2, j
Ward 4, 1
Cambridge, Ward 3,
( Newton, .
I Brighton, .
( Watertown,
I Belmont, .
Waltham,
Natick, .
( Holliston, .
I Sherborn,
( Hopkinton,
( Ashh\nd, .
Framingham,
Marlborough,
p Hudson, .
J Stow,*
j Boxborough,
l_ Littleton, .
C Acton,
< Sudbury,*
( Wayland,
C Concord, .
J Lincoln, .
( Weston, .
Kame of Bepresentative.
Samuel W. Twombly,
Charles F. Walcott, .
John McDuffie, .
Robert O Fuller,
Curtis C. Nichols,
Ezra Parmenter,
James J. Walworth, .
George H Howe,
Abraham L. Richards,
Thomas Hill,
William Nutt, .
Joseph Dowse, Jr., .
J. Newton Pike,
Theodore^C. Hurd, .
Samuel Howe, .
Paul Hayward, .
George W. Gates,
Edwin Wheeler,
Winchester.
Cambridge.
Cambridge.
Cambridge.
Cambridge.
Cambridge.
Newton.
Brighton.
Watertown.
Waltham.
Natick.
Sherborn.
Ashland.
Framingham.
Marlborough .
Boxborough.
Acton.
Concord.
* Town of Mayuard incorporated April 19, 1871, embracing portions of the towns of
Stow and Sudbury. Suffrage rigiits unchanged, except for municipal purposes, until
new apportionment.
HOUSE OF REPRESENTATIVES.
COUNTY OF MIDDLESEX— Concluded.
863
District.
Town or Ward.
Kame of Representative.
Residence.
C Lexington,
J Bedford, .
J Burlington,
l_^ Carlisle, •
-J
21st,
r
J
Humphrey Prescott, .
Carlisle.
22d,
Woburn, .
Edw'd E. Thompson,
Woburn.
23d,
( Stoneham,
) Wakefield,
( Melrose, .
1
James C. Currier,
E. H. Walton, .
Melrose.
Wakefield.
24th,
( Reading, .
■< North Reading,
( Wilmington, .
\
Lemuel C. Eames, .
Wilmington.
25th,
( Chelmsford,
■} Billerica, .
( Tewksbury,
\
Edwin K. Parkhurst,
Chelmsford.
26th,
( Lowell, Ward 1,
} " Ward 2,
( " Ward 6,
\
Jonathan P. Folsom, .
George F. Scribner, .
Lowell.
Lowell.
27th,
Lowell, Ward 3,
Stephen Wallace,
Lowell.
28th,
Lowell, Ward 4,
Wm. H. Anderson, .
Lowell.
29th,
Lowell, Ward 5,
Willard A. Brown, .
Lowell.
30th,
r Dracut, .
J Tyngsborough,.
> Dunstable,
t_ Westford,
►
James T. Burnap,
Dunstable.
31st,
( Groton,* .
( Pepperell,
!
Albert Leighton,
Pepperell.
32d,
( Townsend,
^ Ashby, .
(Shirley,* .
i
Benjamin F. Lewis, .
Townsend.
COUNTY OF WORCESTER.
1st,
( Ashburnham, . . )
( Winchendon, . . )
Orlando Mason,
Winchendon.
• Town of Ayer incorporated February 14, 1871, embracing portions of the towns of
Groton .and Shirley. Suffrage rights unchanged, except for municipal purposes, until
new apportionment.
864
HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTER— Continued.
District.
Town or Ward.
2d,
3d,
4th,
5th,
6th,
7th,
8th,
9th,
10th,
11th,
12th,
( Royalston,
I Athol,
5 Gardner, .
\ Templeton,
f Petersham,
Dana,
I Phillipston,
■{ Hubbardston,
Bar re,
I Hardwick,
l_New Braintree
f Westminster,
J Fitchburg,
I Lunenburg,
l_ Leominster,
( Lancaster,
•< Bolton,
( Harvard, .
! Clinton, .
Berlin,
Northborough,
( Sterling, .
■< West Boylston,
( Boylston, .
("Rutland, .
j Holden, .
j Princeton,
l_ Oakham, .
("Worcester, Ward 1,1
1 " Ward 2,
■{ " Ward 3,
" W^rd 8, I
(^Paxton, . . .J
("Worcester, Ward 4,^
J " Ward 5, 1
1 " Ward fi (
I
6,
Ward 7,j
( Grafton, ,
l Shrewsbury,
Name of Representative,
Ozi Kendall,
Levi Heywood, .
James G. Smith,
N. L. Johnson, .
Charles H. Merriam,
Henry A. Goodrich,
George E. Towue,
George A. Parker,
Elisha Brimhall,
Stephen Holt,
Isaac N. Ross,
Charles L. Putnam,
Lewis Barnard, .
William Mulligan,
Thomas Gates, .
Joseph R. Torrey,
John S. Baldwin,
J. S. Nelson,
Residence.
Athol.
Gardner.
Phillipston.
Dana.
Leominster.
Fitchburg.
Fitchburg.
Lancaster.
Cliuton.
W. Boylston.
Holden.
Worcester.
Worcester.
Paxton.
Worcester.
Worcester.
Worcester.
Grafton.
HOUSE OF REPRESENTATIVES.
COUNTY OF WORCESTER— Concluded.
865
District.
13th,
14th,
15th,
16th,
17th,
18th,
Name of Representative.
Westborough,
Soutbborough,
Northbridge,
Upton,
Milford, .
Mendon, .
Blackstone,
Uxbridge,
Douglas, .
Webster, .
Dudley, .
Oxford, .
Sutton,
Millbury, .
Auburn, •
Leicester,
Spencer, .
Charlton, .
Southbridge,
Sturbridge,
Brookfield,
North Brookfield,
West Brookfield,
Warren, .
Arthur G. Biscoe,
Davis P. Gray, .
Bainbridge Hayward,
Lawrence Reade,
Lyman Paine, .
William L. Davis,
E. H. Hutchinson,
Thomas H. Meek,
John O. McKinstry,
Alfred E. Fiske,
Martin L. Richardson,
George S. Duell,
Westborough.
Northbridge.
Milford.
Milford.
Blackstone.
Dudley.
Sutton.
Douglas.
Southbridge.
Charlton.
Sturbridge.
Brookfield.
COUNTY OF HAMPSHIRE.
1st,
2d,
3d,
' Easthampton,
Huntington,
Northampton,
Southampton,
Westhampton,
f Chesterfield,
! Cummington,
J Goshen, .
] Middlefield,
I Plainfield,
1^ Worthington,
(Hadlev, .
4 Hatfield, .
( Williamsburg,
William F. Arnold, .
Samuel B. Quigley, .
Steph'n Hayward, Jr.,
Elisha Hubbard,
Northampton.
Southampton.
Plainfield.
Hatfield.
866
HOUSE OF REPRESENTATIVES.
COUNTY OF HAMPSHIRE— Concluded.
District.
Town or Ward.
Xame of Representative.
Residence.
4th,
5th,
6th,
( Amherst, . . . >
I South Hadley, . . j
( Belchertown, . . ")
} Granby, . . . >■
(Pelham, . . .)
(-Enfield, . . .~1
J Greenwich, . . !
1 Prescott, . . . 1
tWare, . . .J
Avery R. Cushman, .
Phineas Bridgman, .
Sylvester F. Root, .
Amherst.
Belchertown.
Greenwich.
COUNTY OF HAMPDEN.
1st,
2d,
3d,
4th,
5th,
6th,
7th,
8th,
9th,
rMonson, .
J Brimfield,
i Holland, .
L Wales, .
( Palmer, .
I Wilbraham,
•1
•!■
• I
J
Springfield, Ward 1,
Ward 2,
Ward 3,
( Springfield, Ward 4, }
I " Ward 6, j
Springfield, Ward 5,
" Ward 7,
" Ward 8,
iHolyoke, .
Chicopee,
Ludlow, .
f Granville,
I Southwick,
-{ Agawam, .
West Springfield,
Longmeadow, .
Westfield,
f Chester, .
Blandford,
-^ Montgomery, .
Russell, .
Tolland, .
George L. Webber,
Ebenezer Brown,
Emerson Wight,
Justin M. Cooley,
Gurdon Bill,
Joseph M. Hall,
Charles A. Corser,
Henry H. Harris,
G. C. S. Southworth,
Silas Noble,
Alexander McKenzie,
Lafayette Granger,
Holland.
Palmer.
Springfield.
Springfield.
Springfield.
Springfield.
Holyoke.
Chicopee.
W. Springfield.
Granville.
Westfield.
Tolland.
HOUSE OF REPRESENTATIVES.
COUNTY OF FRANKLIN.
867
! Warwick,
Orange, .
New Salem,
f Montague,
I Sunderland,
■I Leverett, .
I Shutesbury,
L Wendell, .
f Greenfield,
Colrain, •
1 Leyden, .
■{ Bernardston,
Gill,
I Northfield,
tErving, .
f Deerfield,
I Shelburne,
J Whately, .
"1 Conway, .
I Ashfield, .
l^ Hawley, .
' Buckland,
Charlemont,
■{ Heath,
I Rowe,
^_ Monroe, .
Name of Representative.
John D. Flagg, .
A. K. Haskell, .
Samuel S. Eastman,
Leonard Barton,
Harvey Severance,
Levi Gardner, .
Samuel P. Everett,
Orange.
Wendell.
Greenfield.
Gill.
Deerfield.
Ashfield.
Rowe.
COUNTY OF BERKSHIRE.
f Hancock, .
J Lanesborough,
j New Ashford,
l^ Williamstown,
f Adams,
I Cheshire,
-{ Clarksburg,
I Florida,
L Savoy,
SDalton,
Pittsfield,
Richmond,
Calvin R. Taft,
Henry J. Barker,
Frederick P. Brown,
Ensign H. Kellogg, .
Zenas Crane, Jr.,
Williamstown.
Adams.
Adams.
Pittsfield.
Dalton.
66
868
HOUSE OF REPRESENTATIVES.
COUNTY OF BERKSHIRE— Concluded.
District.
4th,
5th,
6th,
7th,
8th,
Town or Ward.
'Becket, .
Hinsdale, .
•I Peru,
Washington,
^Windsor, .
r Lenox,
< Stockbridge,
(West Stockbridge,
f Lee,
j Monterey,
! Otis,
[_ Tyringham,
f Alford, .
Egremont,
Great Barrington,
(^ Mount Washington,
( New Marlborough,
■< Sandisfield,
( Sheffield, .
Name of Representative.
Henry A Bidwell, . Becket.
Henry J. Dunham,
Prentiss C. Baird,
Irwin D. W. Baldwin,
H. D. Sisson,
Stockbridge.
Lee.
Egremont.
New Marlboro*.
COUNTY OF NORFOLK.
1st,
Dedham,*
John R. Bullard,
Dedham,
2d,
West Roxbury,
John W. McKim, .
West Roxbury.
3d,
fRoxbury,tWard2, .-]
j " Ward 3, . 1
1 " Ward 4, . (
L " Ward 5, .J
Moody Merrill, .
Charles H Hovey, .
George Putnam,
Boston.
Boston.
Boston.
4th,
Roxbury, Ward 1, .
Benjamin Franklin, .
Boston.
5th,
Dorchester,* . . -5
Laban Pratt,
Henry S. Adams,
Boston.
Hyde Park.
6th,
Quincy, .
John Quincy Adams,
Quincy.
* Town of Hyde Park incorporated April 22, 1868, embracing portions of Districts 1, 5 and
11; Dorclieflter annexed to Boston in 1869. Suffrage rights unciianged, except for municipal
purposes, until new apportionment.
t Annt-xed to Boston in 1867. Suffrage rights unchanged, except for municipal purposes,
until new apportionment.
HOUSE OF REPRESENTATIVES.
COUNTY OF NORFOLK— Concluded.
869
7th,
8th,
9th,
10th,
11th,
12th,
13th,
14th,
15th,
Name of Representative.
Braintree,
Weymouth,
Randolph,
Stoughton,
f Canton, .
J Milton,* .
] Walpole,t
l_ Sharon, .
SFoxborough,
Wrentham,f
Medway,t
( Franklin,!
I Bellingham,
SNeedham,
Medfield, .
Dover,
Brookline,
Asa T. Pratt, .
Edward Lewis, .
Eben Tirrell, Jr.,
Daniel Howard,
Samuel L. Crane,
David W. Tucker,
James S. Shepard,
George P Metcalf,
Lowell R. Blake,
Joseph A. Woodward,
Jacob R. Cushman, .
Alanson W. Beard,
Braintree.
Weymouth.
Weymouth.
Randolph.
Stoughton.
Milton.
Canton.
Medway.
Wrentham.
Franklin.
Medfield.
Brookline.
COUNTY OF BRISTOL.
1st,
Attleborough, .
John T. Bates, .
Attleborough.
2d,
5 Mansfield, . . )
( Norton, . . . j
Welcome Lewis,
Mansfield.
3d,
5 Easton, . . . )
l Raynham, . . )
G. H Lincoln, .
Raynham.
4th,
Taunton, . . . }
Geo. H. Babbitt, Jr ,
John E. Sanford,
Jdhn H. Church,
Taunton
Taunton.
Taunton.
* Town of Ilyde Park incorporated April 22, 1S68, embracing portions of Districts 1, 5 and
11.
t Town of Norfolk incorporated February 23, 1870, embracing portions of Wrentham,
Franklin, Medway and Walpole. Suffrage rights unchanged, except for municipal purposes,
until new apportionment.
870
HOUSE OF REPRESENTATIVES.
COUNTY OF BRISTOL— Concluded.
Town or Ward.
5th,
6th,
7th,
8th,
S)th,
10th,
11th,
12th,
f Seekonk, .
Rehoboth,
j Dighton, .
l_ Berkley, .
( Somerset,
-; Swanzey,
( Freetown,
0
I
.J
Fall River, . . J
Westport,
Dartmouth,
New Bedford, Wards )
1,2 and 3, . .;
New Bedford, Wards >
4, 5 and 6, . . )
Fairhaven,
Acushnet,
:}
Name of Representative.
Residence.
Solon Carpenter,
George B. BufEngton,
Weaver Osborn,
(lOorge O Fairbanks,
Frederick A. Boomer,
Stephen A. Brownell,
William Barker, Jr., .
Joseph H. Cornell, .
Ellis Perry,
Elijah H. Chisholm, .
Josiah W. Bonney, .
Walter Spooner,
Rehoboth.
Somerset.
Fall River.
Fall River.
Fall River.
Westport.
Dartmouth.
New Bedford.
New Bedford.
New Bedford.
New Bedford.
Acushnet.
COUNTY OF PLYMOUTH.
1st,
( Cohasset, .
\ Scituate, .
Martin Lincoln,
Cohasset.
2d,
( Hinsjham,
\ Hull,
Hawkes Fearing,
Hiugham.
3d,
( South Scituate,
■< Hanover, .
( Hanson, .
Henry J. Curtis,
Hanover.
4lh,
( Marshfield,
< Pembroke,
(Halita.x, .
Francis P. Arnold, .
Pembroke.
5th,
J Duxbury,
} Kingston,
Hambleton E. Smith,
Duxbury.
HOUSE OF REPRESENTATIVES.
COUNTY OF PLYMOUTH— Concluded.
871
District.
Towns.
Name of RepresentatiTe.
Eesidence.
6th,
( Plymouth,
} Carver, •
( Plympton,
]
Curtis Davie, .
George W. Morton, .
Plymouth.
Plymouth.
7th,
^ Wareham,
\ Marion, .
\
Alden Besse,
Wareham.
8th,
( Mattapoisett, .
< Rochester,
( Lakeville,
!
Cephas Haskins,
Lakeville.
9th,
Middleborough,
Henry H. Shaw,
Middleborough.
10th,
( Bridgewater, .
\ West Bridgewater,
\
Lloyd Parsons, .
Bridgewater.
11th,
j East Bridgewater,
l North Bridgewater,
■\
Welcome H. Wales, .
James S. Allen,
N. Bridgewater
E. Bridgewater
12th,
Abington,
•1
Franklin P. Harlow, .
Albert F. Kelley, .
Abington.
Abington.
COUNTY OF BARNSTABLE.
1st,
2d,
3d,
4th,
P Barnstable,*
J Sandwich,
I Falmouth,
[^Y^armouth,
( Dennis, .
-| Harwich, .
( Brewster, .
( Chatham, .
I Orleans, .
f Eastham, .
I Wellfleet,
j Truro,
|_ Provincetown,
Henry Goodspeed, .
Ezra C Howard,
John B. D. Cogswell,
Joseph K. Baker,
Erastus Chase, .
Thomas Holway,
Joseph P. Johnson,
George T. Wyer,
Barnstable
Sandwich.
Yarmouth.
Dennis.
Harwich.
Chatham.
Provincetown.
Wellfleet.
♦ Town of Mashpee incorporated May 28, 1870. embracing the territory in Barnstable
County known as the district of Marshpee. Suffrage rights unchanged, except for municipal
purposes, until new apportionment.
872
HOUSE OP REPRESENTATIVES.
DUKES COUNTY.
District.
Towns.
Name of Representative.
Kesidence.
One.
fEdgartown, . ."j
, Tisbury, . . . i
] Chilmark * . . <
[,Gosnold, . . .J
Nath'l M. Jernegan, .
Edgartown.
COUNTY OF NANTUCKET.
One.
Nantucket,
Robert F. Gardner,
Nantucket.
WILLIAM S. ROBINSON, Clerk.
JOHN MORISSEY, Sergeant-at-Arms.
CHARLES C. SEWALL, Chaplain.
* Town of Gay Head incorporated April 30, 1870, embracing the territory in Dukes County
known as tiie district of Gay Head. Suffrage rights unchanged, except for municipal pur--
poses, until new apportionment.
JUDICIAL DEPAETMENT.
SUPREME JUDICIAL COURT
CHIEF JUSTICE.
REUBEN A. CHAPMAN, of Monson.
ASSOCIATE JUSTICES.
HORACE GRAY, Jr., 0/ Boston.
JOHN WELLS, of BrooUine.
JAMES D. COLT, of Fittsjield.
SETH AMES, of Brookline.
MARCUS MORTON, of Andover.
SUPERIOR COURT.
CHIEF JUSTICE.
LINCOLN F. BRIGHAM, of Salem.
ASSOCIATE JUSTICES.
JULIUS ROCKWELL, of Lenox.
OTIS P. LORD, of Salem.
EZRA WILKINSON, of Dedham.
JOHN P. PUTNAM, of Boston.
CHESTER I. REED, of Dedham.
CHARLES DEVENS, Jr., of Worcester.
HENRY A. SCUDDER, of Boston.
FRANCIS H. DEWEY, of Worcester.
ROBERT C. PITMAN, of New Bedford.
874
JUDICIAL DEPARTMENT.
JUDGES OF PROBATE AND INSOLVENCY.
ISAAC AMES, Boston, ....
GEORGE F. CHOATE, Salem,.
WILLIAM A. RICHARDSON, Cambridge,
HENRY CHAPIN, Worcester, .
SAMUEL F. LYMAN, Northampton,
WILLIAM S. SHURTLEFF, Springfield,
CHESTER C. CONANT, Greenfield,
JAMES T. ROBINSON, (North) Adams,
GEORGE WHITE, Needham, .
WILLIAM H. WOOD, Middleborough, .
EDMUND H. BENNETT, Taunton,
JOSEPH M. DAY, Barnstable, .
THEODORE G. MAYHEW, Edgartown,
EDWARD M. GARDNER, Nantucket, .
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Plymouth.
Bristol.
Barnstable.
Dukes.
Nantucket.
REGISTERS OF PROBATE AND INSOLVENCY.
WILLIAM S. KING, Boston, .
ABNER C. GOODELL, Salem, .
JOSEPH H. TYLER, Cambridge, .
CHARLES E. STEVENS, Worcester,
LUKE LYMAN, Northampton, .
SAMUEL B. SPOONER, Springfield,
FRANCIS M. THOMPSON, Greenfield,
ANDREW J. WATERMAN, Lenox,
JONATHAN H. COBB, Dedham, .
DANIEL E. DAMON, Plymouth, .
WILLIAM E. FULLER, Taunton, ,
JONATHAN HIGGINS, Orleans, .
HEBRON VINCENT, Edgartown, .
SAMUEL SWAIN, Nantucket, .
Suffolk.
Essex.
Middlesex.
Worcester.
Hajmpshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Plyjiouth.
Bristol.
Barnstable.
Dukes.
Nantucket.
DISTRICT-ATTORNEYS.
J. WILDER MAY, Boston,
ISAAC S. MORSE, Cambridge,
EDGAR J. SHERMAN, Lawrence, .
ASA FRENCH, Braintree, .
GEORGE MARSTON, New Bedford,
WILLIAM W. RICE, Worcester, .
EDWARD B. GILLETT, Westfield,
SAMUEL T. SPAULDING, Northampton,
Suffolk.
Northern.
Eastern.
South-Eastern.
Southern.
Middle.
Western.
North- Western.
JUDICIAL DEPARTMENT.
875
SHERIFFS.
JOHN M. CLARK, Boston,
HORATIO G. HERRICK, Lawrence,
CHARLES KIMBALL, Lowell,
JOHN S. C. KNOWLTON,* Worcester,
HENRY A. LONGLEY, Northampton,
ADDISON M. BRADLEY, Springfield,
SOLOMON C. WELLS, Montague, .
GRAHAM A. ROOT, Sheffield, .
JOHN W. THOMAS, Dedham, .
WILLIAM S. COBB, New Bedford,
JAMES BATES, Plymouth,
DAVID BURSLEY, Barnstable,
SAMUEL KENISTON, Edgartown, .
JOSEPH McCLEAVE, Nantucket, .
Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hajipden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Plymouth.
Barnstable.
Dukes.
Nantucket.
CLERKS OF COURTS.
GEORGE C. WILDE, Boston, Sup. Jud. Court,!
J. A. WILLARD, Boston, Superior Ct., Civil T.,
CHARLES W. STOREY, Boston, Criminal T., i
ALFRED A. ABBOTT, Peabody, .
BENJAMIN F. HAM, Winchester, .
JOSEPH MASON, Worcester, .
WILLIAM P. STRICKLAND, Northampton, ,
GEORGE B. MORRIS, Springfield, .
EDWARD E. LYMAN, Greenfield, .
HENRY W. TAFT, Lenox,
ERASTUS WORTHINGTON, Dedham, .
SIMEON BORDEN, Fall River,
WILLIAM H. WHITMAN, Plymouth, .
JAMES B. CROCKER, Yarmouth, .
RICHARD L. PEASE, Edgartown, .
GEORGE COBB, Nantucket, .
[Suffolk, and by app't
of Justices, for CoM-
! MON WEALTH.
> Suffolk.
Essex.
Middlesex.
Worcester.
Hampshire.
Hampden.
Franklin.
Berkshire.
Norfolk.
Bristol.
Pltmouth.
Barnstable.
Dukes.
Nantucket.
♦ Deceased. Vacancy not filled.
57
876 MEMBERS OF CONGRESS.
MEMBERS OF THE FORTY-SECOND CONGRESS.
SENATOK8.
CHAELES SUMNER, of Boston.
HENEY WILSON, of Natick.
REPRESENTATIVES.
District L— JAMES BUFFINTON, of Fall Biver.
II.— OAKES AMES, of Easton.
III.— GINERY TWICHELL, of Brookline.
IV.— SAMUEL HOOPER, of Boston.
v.— BENJAMIN F. BUTLER, of Gloucester.
VL— NATHANIEL P. BANKS, of Waltham.
VII.— GEORGE M. BROOKS, of Concord.
VIIL— GEORGE F. HOAR, of Worcester.
IX.— WILLIAM B. WASHBURN, of Greenfield,
X.— HENRY L. DAWES, of Pittsfield.
^ommontDcaltl) of itla00acl)xi0Ctt0.
Secretary's Department, Boston,
June 24, 1871.
I hereby certify the printed Acts and Resolves contained
in this volume to be true copies of the originals, and that
the accompanying papers and other matters herewith are
transcripts of official records and returns in this Depart-
ment.
OLIVER WARNER,
Secretary of the Commonwealth.
INDEX.
A.
Academy, Dean, issue of arms to, ... .
" Dukes County, in aid of, .
" Nichols, Town of Dudley may raise money for, .
" Sawin, in Sherborn, incorporated, .
" Smith, in Hatfield, Trustees incorporated, .
Actions against Executors and Administrators, G. S. amended,
" before Municipal Court, Boston, appeals in, .
" of Tort by and against married women.
Address of Governor to Legislature, ....
Adjutant-General authorized to sell Captain's Island, .
" " to obtain roUs of the War of 1812, .
" " to publish corrected edition of Soldiers' record,
Adjutant-General's Department, salaries of certain clerks, .
Administrators, suits against, .....
Adoption of Children, relating to, ... .
Agency, State Visiting, and juvenile offenders, act 1870 amended,
Agent Board of State Charities, duties, as to certain persons cou'
fined as insane, ......
Agent for Discharged Convicts, pay and expenditures increased,
Aglar, Nathaniel, allowed State aid.
Agricultural College, allowance to, .
" " Trustees of, etc., .
Agricultural Society, Deerfleld Valley, incorporated, .
" " North Bridgewater, incorporated,
" " Plymouth County, may increase estate,
" " "Worcester South-East, annual exhibition,
Ale, manufacture and sale of, towns may authorize, .
Alewife Fishery in Sandwich, to prolect,
Alewives, time for taking, ....
Almshouse, State, at Tewksbury, building for insane at,
" " " erection of hospital at,
American Congregational Association, in Boston, estate,
Amesburj', town of, may hold street railroad stock, .
Amesbury Savings Bank, incorporated, .
Page
772
777
498
544
473
593
656
655
797
780
776
790
722
593
653
720
658
645
781
791
729
^75
488
437
533
667
562
640
787
771
467
657
575
ii INDEX.
Page
Amory, Francis, deed of estate in Boston by trustee under will of,
made valid, ........ 785
Amusement, places of, in Boston, regulations for public safety, . 631
Angel Guardian, House of, in Boston, in favor, . . . 773
Annisquam Eiver, draw iu bridge over. Eastern Railroad Company
to build, ........ 669
Antietam National Cemetery, allowance to, . . . . 778
Appeals in civil actions before Municipal Court, Boston, . . 656
Appropriations :
Maintenance of Government, —
Supreme Judicial, Superior, Probate and Insolvency, Munici-
pal, Police and District Courts and District- Attorneys, . 431
Maintenance of Government, additional, —
Legislative, Executive, Secretary's, Treasurer's, Tax Commis-
sioner's, Auditor's, and Attorney-General's, Agricultural,
Educatioual and Military Departments, Commissioners and
Board of State Charities, ..... 440
Maintenance of Government, further additional, —
Legislative, Executive and Agricultural Departments, State
Printing, Military, State House, Incidental, Contingent and
Miscellaneous Expenses, ..... 454
Expenses authorized in 1870 and previous years, etc. : Legis-
lative Department, State Printing and Miscellaneous, . 478
from Funds and Incomes, etc., viz. : Charles River and War-
ren Bridge Fund, Rogers Book, Todd Normal School and
Agricultural College incomes, ..... 481
Expenses of lBill,viz.: State Almshouses, State Prison, Re-
form, Nautical and Industrial Schools, Charitable, Reforma-
tory and Correctional, ...... 448
Expenses of 1871, certain, ..... 758, 764, 768
from moiety of Income of School Fund, applicable to educa-
tional purposes : Board of Education, Normal Schools and
pupils, Teachers' Institutes and Associations, and American
Institute, ........ 577
on account of " Berdell " Bonds, Boston, Hartford and Erie
Railroad, . . . . . . . 769,792
for compensation of Sergeant-at-Arms, Clerks of Legisla-
ture and private secretary of Governor, . . . 794
for compensation and mileage of members of legislature, pay
of chaplains, doorkeepers, etc., .... 430
794
769
701
768
652
696
772
786
for contingent expenses of Senate,
for suppression of cattle disease,
for Troy and Greenfield Railroad, construction,
" " " " repairs.
Aqueduct Company, Union, in Lancaster, incorporated,
Arlington Lake Water Company, powers granted to, .
Arms, issue of, to Dean Academy authorized, .
" Breech-Loading, Militia to be supplied with, .
INDEX.
Ill
Page
Arson, offence made bailable, ...... 471
" punishment of, ...... . 478
Art Club, Boston, incorporated, ...... 477
Ashburnham Eailroad Company, incorporated, .... 601
" Savings Bank, incorporated, .... 597
" Water Company, incorporated, .... 727
Assessment of estates benefitted by street improvements, . . 742
« " in Boston benefitted by street improvements, 579, 582
" of land damages in Worcester, .... 592
" of taxes in 1870, towns to return expense of, . . 501
Assistant Clerk of Senate, compensation of, . . . . 794
" Clerks, S. J. Court, and the civil session Superior Court,
for Suffolk, salaries, . . t . .573
" " First, in Auditor's and Treasurer's Departments,
salaries, ....... 745
Assistant Register of Probate in Norfolk County, salary, . . 716
Associations :
American Congregational, in Boston, estate of, . . 467
Athol Music Hall, incorporated, ..... 473
Blackstoue Athenaeum and Library, name established, . 595
Boston Base Ball, incorporated, ..... 508
Boston Music Hall, name established, real estate, . . 429
Bristol Masonic Building, in Attleborough, incorporated, . 565
Cambridge Land and Building, estate, acts legalized, . . 686
Dean Library, in Medway, estate of, . . . . 611
Of Evangelical Lutheran Church, for works of mercy, incor-
porated, ........ 494
Lynn Odd Fellows' Hall, capital, acts legalized, . . 469
Maiden Masonic Building, incorporated, . . . 454
Mount Pleasant, in Abington, acts confirmed, . . . 520
New England Shoe and Leather, incorpoi'ated, . . . 438
North Attleborough Odd Fellows' Hall, incorporated, . . 531
North Attleborough Union Building, incorporated, . . 469
Odd Fellows' Hall, in Boston, name, acts legalized, . . 465
Public Library, of Easthampton, museum of, . . . 573
Somerville High School, incorporated, .... 461
Union Hall, in Cambridge, name established, . . . 641
Wakefield Eeal Estate and Building, incorporated, . . j503
Worcester County Mechanics', estate, debts of, . . 680
Young Men's Christian, of Fitchburg, incorporated, . . 495
Associations, Cooperative, capital stock, ch. 179, 1870, not to apply, 499
Asylum for Discharged Female Prisoners, in aid, . . . 775
Athenaeum, Berkshire, in Pittsfleld, trustees incorporated, . . 507
" Blackstoue, name changed, ..... 595
" Cambridge, incorporated, name changed, . . 437, 641
Athol and Enfield Eailroad, may unite with certain road, . . 637
" Music Hall Association, incorporated, .... 473
Atlantic Avenue, City of Boston may extend, over tide-waters, . 605
IV
INDEX.
Attachment, dissolution of, when property of one defendant is at
tached in action against several, ....
Attendance upon Public Schools, for revision of laws concerning,
Attleborough, town of, may remove certain tombs, etc.,
Attleborough Branch Railroad Company, may increase capital,
Auditor's Department, first assistant clerk in, salary, .
Avenues in Boston, Brighton and Brookline, widening of,
Ayer, town of, incorporated, .....
" " to be supplied with reports, etc., weights and meas
ures, . . ~ .
Page
501
784
584
464
745
494
450, 657
780
B.
Ballots, preservation of, in towns, ..... 463
Bank shares, taxation of, . . . . . . . 747
Banks, Savings, unclaimed dividends and deposits not bearing in-
terest, ....... 606
" " taxation of bank stock owned by, . . . 747
Banks: ,
Amesbury Savings, incorporated, .... 575
Ashburnham Savings, incorporated, .... 597
Benjamin Franklin Savings, in Franklin, incorporated, . 461
Brookline Savings, incorporated, ..... 464
Central Savings, in Lowell, incorporated, . . . 474
City, of Lynn, charter revived for transfer of mortgage, . 502
Danvers Savings, reimbursement of tax overpaid, . . 774
Holden Savings, incorporated, ..... 665
Hoosac Savings, of North Adams, incorporated, . . 531
Hyde Park Savings, incorporated, , . . . .491
Lexington Savings, incorporated, .... 490
Marblehead Savings, incorporated, .... 495
Medway Savings, incorporated, ..... 460
Merrimack River Savings, in Lowell, incorporated, . . 465
Neponset, of Canton, charter revived for conveyance of estate, 472
New Bedford Institution for Savings, taxes refunded to, . 779
Orange Savings, incorporated, ..... 524
Spencer Savings, incorporated, ..... 533
Stockbridge Savings, incorporated, .... 585
Templeton Savings, incorporated, .... 575
Waltham, charter revived for conveyance of estate, . . 472
Wareham, charter revived for conveyance of estate, . . 641
Winchester Savings, incorporated, .... 477
Woronoco Savings, in Westfleld, incorporated, . . 695
Barnstable, county of, preservation of deer in, ... 658
" town of, outlet from Lovell's Pond may be maintained, 453
" " relieved from penalties for not maintaining
high school, ..... C52
Base Ball Association, Boston, incorporated, .... 508
INDEX.
Page
Bass, Black, time for taking, ...... 501
Bastardy cases, bonds in, . . . . . . . 464
Beacon Street, and adjacent avenues, in Boston, widening of, . 494
Beckwith, Geoi'ge C, estate of, certain acts confirmed, . . 628
Bedford Railroad, time for locating and constructing, . . 746
Beer, manufacture and sale of, towns may authorize, . . . 667
Belcher, Wm. B., may build whai-f in Winthrop, . . . 676
Benevolent Society, Massachusetts Medical, incorporated, . . 691
Benjamin Franklin Savings Bank, in Franklin, incorporated, . 461
" Berdell " Bonds of Boston, Hartford and Erie Railroad, rights of
State in to be enforced, .... 769
" " State to obtain absolute ownership, . . 788
" " possession of property mortgaged to be obtained, 792
Berkeley House Company, in Boston, incorporated, . , . 446
Berkshire Athenaeum, in Pittsfleld, trustees incorporated, . . 607
" Central District Court, jurisdiction in civil cases, . . 623
" County Commissioners may borrow money, . . 498
" " « claims of, . . . . 777
" County, criminal terms of Superior Court in, . . 485
" Northern District Court, salary of clerk, . . . 663
" Northern and Southern District Courts, relating to, 607, 755
" Southern District Court, clerk for, .... 681
Betterment of estates by improvements in streets, assessment, . 742
Betterment of estates in Boston by improvement of Fort Hill, . 582
" " in Boston by improvement of streets, assess-
ment, ...... 679
Beverly Insurance Company, charter extended, . . . 673
Bill of Exchange, notice of non-acceptance may be by mail, . . 693
Black Bass, time for taking, ...... 601
Blackstoue Athenaeum, name changed, ..... 695
Blasting oil and other explosives, transportation regulated, . . 436
Blue Hill Land Company, incorporated, .... 482
Board of Education released from payments of interest on account
Normal School boarding-houses, ..... 776
Board of Harbor Commissioners, office room for, . . . 781
" " " directed to report, . . . 792
Board of State Charities, investigations in cases of persons confined
as insane, ........ 658
Boarding-houses for certain Normal Schools, interest on account of, 776
Boat-house, floating, on Charles River, act permitting repealed, . 685
Bonds, " Berdell," possession by trustees of property mortgaged, . 792
" " rights of State in to be enforced, . . . 769
" " State to obtain absolute ownership, . . 788
Bonds, in bastardy cases, relating to, . . . . . 464
" railroad corporations may guarantee those of connecting
roads, . v . . . . .
" State, certain plates and impressions to be destroyed,
" Water, city of Charlestown may issue, .
58
746
770
530
vi INDEX.
Page
Bonds, town of Medford may issue, ..... 472
Books furnished to State Prison, payment for authorized, . . 777
" received by towns from State may be deposited in public
libraries, ........ 453
Boom and Lumber Company, Holyoke and Northampton, incorpo-
rated, ......... 718
Booms across Connecticut River, maintenance authorized, . 634, 718
Boston, city of, Beacon Street and adjacent avenues, widening of, . 494
" " betterment of estates by improvement in streets,
assessment, ..... 579,582
" " buildings in, inspection and regulation, prevention
of fire and preservation of life and property pro-
vided for, ...... 614
" " certain land ceded to U. S. for post-offlce, . . 484
" " licensing of dogs in, . ^ . . . 464
" " may pay money to Charles Burrill, . . . 556
" " may lay main water-pipes through Brighton and
Brookline, ...... 559
" " may take land for landing for East Boston Ferry-
boats, ....... 585
" " to maintain certain depth of water near West Bos-
ton bridge, ...... 600
" " may extend Atlantic Avenue over tide- waters, . 605
" " may build wharf in South Boston, . . , 611
" " Municipal Court of, appeals in civil actions, . . 656
" " Municipal Court for Southern District, jurisdiction,
salaries, ..... 607,727
" " may improve Stony Brook, .... 671
" " raising of grade of certain lauds in, bills in equity
under act 1868, when may be filed, . . . 499
Boston, Harbor of, improvement, ..... 724
" " improvement of navigation in South Bay, build-
ing of structures, etc., . . ... 668
" " pilotage in, . . . . . .697
" " resolve of 1871, how to apply, . . .764
Boston -and Albany Eailroad Company, concerning, . . 532, 687
" " " " union passenger station at
Worcester, ........ 673
Boston Art Club, incorporated, ...... 477
Boston, Barre and Gardner Railroad, union passenger station at
Worcester, . . . 673
" " " " location and construction,
union with other roads, ...... 758
Boston Base Ball Association, incorporated, .... 508
Boston, Clinton and Fitchburg Railroad Company, tracks in Fitch-
burg, ......... 576
Boston Cooperative Building Company, incorporated, . . 662
INDEX.
Vll
Page
Boston Corn Exchange, name changed to Boston Commercial Ex-
change, . . . . . . . . .610
Boston, Hartford & Erie E. K. Co., foreclosure of mortgage to State, 724
" " " " concerning,. . . . 521
" " " " right in union passenger station
at Worcester, . . . 678
" « «• " rights of State under "Berdell
Bonds," to enforce ; State to
obtain absolute ownership, etc.,
769, 788, 792
" " " " scrip in aid, unexpended proceeds
of, 790
Boston and Lowell Railroad Company, may lease certain road, . 538
Boston and Lynn Union Railway Company, charter revived, name
changed, time for locating, ...... 536
Boston and Maine Railroad, extension to Portland, . . . 747
Boston Music Hall Association, name, real estate, . . . 429
Boston Pier or Long "Wharf, incorporation of proprietors, . . 616
Boston and Providence Railroad Company, annual meeting ; addl
tional track, . . 466
" " " " may unite with another
road, .
" " " " concerninff.
Boston and Provincetown Steamboat Company, incorporated,
Boston and Richmond Steamship Company, incorporated,
Boston Sunday School and Missionary Society of the Methodist
Episcopal Church, acts legalized, ....
Boston Theological Seminary and University, may unite,
Boston Turuverein, incorporated, ....
Boston Uuiversit}^ and Theological Seminary, may unite,
Boston Water Power Company, additional estate.
Boundary line between Norfolk and Wrentham, defined,
" " " Sheffield and New Marlborough, defined,
" " " Southbridge and Sturbridge, established.
Boundary lines of State Prison lands, establishment, .
Boutwell, George S., bust of, accepted, ....
Brattle Square Church in Boston, sale of estate authorized, .
Breakwater at Rockport, construction authorized.
Breech-loading arms for the militia, appropriation for.
Bridge over Annisquam River, Eastern R. R. Co., to build draw,
" Cragie and the West Boston, relating to,
" over Deerfield River, Florida, building and maintenance,
" over Green Harbor River, in Marshfield, construction,
" Haverhill, act of 1870, concerning travel on, repealed,
" Hicks's, to be public highway, awards of damage,
" over Menamsha Creek in Gay Head and Chilmark, .
" over Merrimac Rirer, at Tyngsborough,
" over Mystic River, town of Medford may buUd,
672
524
496
608
611
526
446
526
577
571
566
588
640
770
647
587
786
669
600
611
645
506
462
715
671
471
Vlll
INDEX.
Bridge over North Eiver, Plymouth County, time for building,
" Northampton, may become free,
" West Boston, dredging of shoal near, .
" Company, Turner's Falls, certain towns may hold stock in,
Brighton Avenue in Boston, widening of, authorized, .
Brighton Branch Railroad Company, incorporated,
Bristol County Commissioners may lay out Hicks's Bridge as high
way, awards of damage, etc.,
" " " may rebuild jail at Taunton, .
Bristol Masonic Building Association, incorporated, .
Brookline Avenue in Boston, widening of, authorized,
Brookline Savings Bank, incorporated, ....
Builders' Mutual Insurance Company, may insure out of state.
Building Association, Cambridge, estate, acts legalized.
Building Company, Boston Cooperative, incorporated,
" " Wakefield, incorporated, .
Buildings in Boston, regulation and inspection provided for.
Buildings and land, liens on, G. S. relating to, amended,
Buildings for offensive trades, erection may be prevented, .
Burglary, punishment of, .
Bureau of employment for disabled soldiers, in favor.
Burial ground in Attleborough, removal of remains from,
" " Wellesley Congregational Society may purchase,
Burrill, Charles, City of Boston may pay money to, .
Page
498
541
600
613
494
586
462
655
565
494
464
647
536
662
503
614
481
534
478
786
584
516
556
c.
Cambridge, city of, erection of new jail in, .... 634
" " to maintain certain depth of water near West
Boston Bridge, ..... 600
Cambridge Athenaeum, incorporated, name changed, . . 437, 641
" Hospital, incorporated, ..... 446
" Land and Building Association, estate, acts legalized, . 536
Campbell, Edward F., allowed State aid, .... 778
Canton and Hyde Park Railroad, time for locating, etc., . . 524
Cape Cod Railroad, may unite with certain railroad, . . . 636
" " time for locating extension, . . . 679
Capital cases, change of venue allowed, .... 593
Capital stock of railroads, increase of, . . . . . 754
" " " extending beyond state, increase of, . 747
Captain's Island, sale of, authorized, ..... 780
Cary Improvement Company, may manufacture bricks, etc., . . 447
Cattle, contagious diseases amoug, to suppress, . . . 769
Cemetery, Antietara National, allowance for, .... 778
" in West Roxburj^, of Lutheran Church Association, . 494
Central Berkshire District Court, jurisdiction in civil cases, . . 523
Central Congregational Society, of Chelsea, name established, . 519
" " " of Jamaica Plain, acts legalized, . 610
INDEX.
IX
Central Mutual Insurance Company, may insure out of state,
Central Savings Bank, in Lowell, incorporated,
Change of Names of Persons, .....
Chaplains of legislature, compensation,
Charitable Eye and Ear Infirmary, Massachusetts, in aid,
Charlemont, town of, to maintain part of Florida Bridge,
Charles River, floating boat-house on, license revoked,
" " travel across, for relief of, .
" " Navigation Company, charter revived,
Charlestown, city of, supply of water for,
" " may issue water bonds, .
Chase, Edwin, in favor, ......
Chelsea and Everett Street Railway Company, incorporated,
Chemical Fire Extinguisher Company, acts legalized,
Cheshire Railroad Company, may use certain railroad,
Children, adoption of, relating to, ... .
" employed in manufactories, half-time schools for, .
" minor, supported by towns, return of to state visitin
agent, etc..
Children, New England Hospital for, estate,
" " " " " aid to,
" Springfield Home for, aid to, .
Choral Union, Worcester, incorporated,
Christian Association, Young Men's, of Fitchburg, incorporated,
Church in Brattle Square, Boston, sale authorized,
" Evangelical Lutheran, Association for works of mercy, in
corporated, .... . .
" First Presbyterian, in Boston, acts legalized, .
" Methodist, Sunday School and Missionary Society in Bos
ton, acts legalized, .....
" Pilgrim Congregational, in Cambridge, incorporated,
" Trinity, in Boston, may sell estate.
City of Gloucester established, .....
" of Somerville established, .....
City Bank of Lynn, charter revived for transfer of mortgage,
Civil Actions before Municipal Court, Boston, appeals in,
Civil Government, list of state, district and county oQicers, .
Claims of owners of lands on the N. E. boundary of Maine, .
Clarke Institution for Deaf Mutes, additional estate, .
Clerk, assistant, of Senate, pay of, ... ,
" first assistant, in Auditor's department, salary, .
" first assistant, in Treasurer's department, salary,
" of District Court of Northern Berkshire, salary,
" for District Court of Southern Berkshire, appointment,
Clerk of House of Representatives, allowance to, clerical assistance
" " " office to be provided for,
Clerk of Municipal Court, southern district, Boston, salary, .
" for Police Court of Fitchburg, appointment,
Page
610
474
842
791
778
612
535
785
545
651
530
769
509
602
601
653
789
723
561
771
772
528
495
647
494
465
611
561
583
703
646
602
656
855
779
602
794
745
745
663
681
794
786
727
486
INDEX.
Page
Clerical assistance for Clerk of House, ..... 794
" " in Executive Department, .... 782
Clerks in Adjutant-General's Department, salaries, . . . 722
" assistant, S. J. Court and civil session of Superior Court,
Suffolk, salaries, ....... 573
" of legislatui'e, compensation, ... . . . 794
" of Police Courts of Haverhill and Fall River, salaries, . 656
Club, Boston Art, incorporated, ...... 477
" Eastern Yacht, incorporated, ..... 437
Cochituate Water Board of Boston, may lay new main pipes, . 559
Collection of taxes in 1870, towns to make return of expense, . 501
College, Agricultural, allowance to, .... . 791
" " trustees of, etc., ..... 729
" Harvard, extension of wharf authorized, . . 520,657
" Smith, town of Northampton may raise money for, . . 467
" " incorporated, ...... 475
Combustibles, storage of, in Boston, regulated, . . . 631
Commercial Exchange, Boston, name established, . . . 610
Commissioner, Deputy Insurance, appointment of, . . . 643
" Deputy Tax, salary established, . . . 666
Commissioners, County, of Berkshire, may borrow money, . . 498
" " " claims of, . . . 777
" " of Bristol, may lay out Hicks's Bridge as
highway, awards of damages,
etc., ....
" " " may rebuild jail at Taunton,
«' " of Dukes, may build bridge over Menamsha
Creek, .....
" " of Hampden, may take land in Springfield,
" " of Hampshire, salaries established, .
" " of Middlesex, may lay out highway and
bridge over Merrimac
River,
" " " may buildjail at Cambridge,
" " of Worcester, may borrow money, .
Commissioners, Harbor, oflice room for,
" " to report plan for improvement of flats,
" Police, appointment and duties,
" Railroad, to report as to certain Railroads, .
" Road, towns may elect,
Committee on State Police, testimony and witnesses before,
Committees of the Senate, contingent expenses provided for,
Common Carriers, transportation of explosives by,
Commonwealth Flats, improvement of, .
Commonwealth, rights of in " Berdell " Bonds to be enforced ; abso
lute ownership to be obtained, .... 769,
Congregational Association, American, in Boston, estate of, .
Congregational Church, Pilgrim, in Cambridge, incorporated.
462
655
715
483
592
671
684
770
781
792
755
793
529
490
794
436
792
788, 792
467
561
INDEX.
XI
Page
Congregational Society, Central, of Chelsea, name established, . 519
" " " of Jamaica Plain, acts legalized, . 610
" " Hancock, in Lexington, may share in min-
isterial fund, .... 608
" " Wellesley, in Needham, may sell estate, . 516
" " "Winnisiramet, in Chelsea, name changed, . 619
Congress, list of Massachusetts members, .... 876
Connecticut River, booms across, maintenance authorized, . 63-i, 718
" " Northampton bridge over, made free, . . 541
Connecticut Eiver Railroad Co., may unite with certain roads, 591, 637, 639
Constables, State, appointment and duties, .... 755
Consumptives' Home, trustees of, incorporated, . . . 465
Contagious diseases among cattle, suppression of, . . . 769
Contingent remainder, mortgage of estate encumbered by, . . 660
Convicts, discharged, agent for, pay and expenditures increased, . 645
" female, use of jail at Greenfield for, .... 681
Coolidge, Henry J., in favor, ...... 783
Cooperative Associations, capital stock of, . . . . 499
Cooperative Building Company, Boston, incorporated, . . 662
Corn Exchange, Boston, name changed, .... 610
Coroners, fees of, established, ...... 594
Corporations, Manufacturing, etc., additional to chap. 224, 1870, . 499
" " fees under chap. 224, 1870, . . 702
" Railroad, increase of capital stock by, . . . 754
" Street Railway, regulation of, . . . . 730
Council, Executive, compensation of, . . . . . 786
County Commissioners of Berkshire, may borrow money, . . 498
" " " relating to claims of, . . 777
' " of Bristol, may lay out Hicks's Bridge as
highway, awards of damage, etc., 462
" " " may rebuild jail at Taunton, . 655
' " of Dukes, may build bridge over Menamsha
Creek, ...... 715
" " of Hampden, may take land in Springfield, . 488
" " of Hampshire, salaries established, . . 592
" " of Middlesex, may build highway and bridge
over Merrimac River, . 571
" " " may build jail at Cambridge, . 634
" " of Worcester, may borrow money, . . 770
County maps, certain, purchase authorized, .... 782
County Taxes granted, ....... 774
Court, District, of Central Berkshire, jurisdiction in civil cases, . 523
" " of Northern Berkshire, salary of clerk, . . 663
" " « " relating to, . . 607, 755
" " of Southern Berkshire, relating to, . . 607, 755
" " " " appointment of clerk, . 681
" " of Southern "Worcester, established, . . . 751
Court, Municipal, of Southern District, Boston, jurisdiction, . 607
xu
INDEX.
Court, Municipal, of Southern District, Boston, salaries of justice
and clerk, ....
" " of Boston, appeals in civil actions, .
Court, Police, of Fall Eiver, salary of clerk,
" " of Fitcliburg, clerk provided for,
" " of Haverhill, salary of clerk,
" " of Holyoke, established, ,
Court, Superior, assistant clerk in Suffolk, salary,
" " criminal terms in Berkshire County, .
" Supreme Judicial, assistant clerk in Suffolk, salary,
" " " September term in Suffolk County,
Court-House in Springfield, county commissioners may take land
for, ...... .
Courts, Police and Municipal, jurisdiction in civil cases,
" Probate, certain proceedings in, made valid, .
" " oaths to proceedings in,
Cragie and West Boston Bridges, relating to, .
Cranberry lands, maintenance of dams, etc., for improvement of, ex
pense to parties benefitted, ....
Crane, Jonathan M., town of Marblehead may pay claim of.
Criminal proceedings before trial justices,
Crossings, railroad, damages for injuries at,
Crow^ell, David, may extend vpharf in Beverly, .
Page
727
656
656
486
656
537
573
485
573
535
483
523
730
503
600
532
676
746
699
574
D.
Dam across Green Harbor Marsh in Marshfiekl, erection, . 645, 700
Dams for flovring of Cranberry lauds, expense to parties benefitted, 532
" across North Eiver, in Plymouth County, erection authorized, 635
" across South River in Marshfleld, erection authorized, . 725
Dana, town of, allowance to, ..... • 774
Danvers Savings Bank, overpaid tax to be refunded, . . . 774
Dartmouth, shell fisheries in, . . . . . . 664
Deaf Mutes, Clarke Institution for, additional estate, . . . 502
" " not to withdraw from school, except, . . 644
Dean Academy in Pranklin, issue of arms to, . . . . 772
Dean Library Association, in Medway, estate of, . . . 611
Dearborn, Mai'garet K., allowed state aid, .... 773
Dedham Gas Light Company, name changed, .... 640
" Public Library, incorporated, town may aid, . . . 519
Deed to Charles G. Loring of estate in Boston, made valid, . . 785
Deeds, by guardians of children of Joel White, made valid, . . 782
" Registers of, duties in certain cases, .... 430
Deer, penalty for hunting, in Plymouth or Barnstable, . . 658
Deerfield River, Florida Bridge across, buildiug and maintenance of, 611
" Valley Agricultural Society, incorporated, . . . 575
Deposits in Savings Banks not bearing interest, publication of, . 606
INDEX.
xm
Page
Deputy Insurance Commissioner, appointment of, . . . 643
" Tax Commissioner, salary established, . . . 666
Disabled Soldiers, appropriation for relief of, . . . . 774
" Soldiers' Employment Bureau, in favor, . . . 786
Discharge of persons confined as insane, .... 658
Discharged Convicts, Agent for, pay and expenditures increased, . 645
" Female Prisoners, temporary Asylum for, in aid, . 775
" Soldiers' Home, in Boston, in favor, . . . 774
Diseases among Cattle, contagious, suppression of, . . . 769
Dissolution of Attachment, when property of one defendant is at-
tached in action against several, . . , . . 501
District Court of Central Berkshire, jurisdiction in civil cases, . 523
" " of Northern Berkshire, salary of clerk, . . 663
" " of Southern Berkshire, appointment of clerk, . 681
" " of Southern Worcester, First, established, . . 751
" Courts of Northern and Southern Berkshire, relating to, 607, 755
Ditches for Cranberry lands, expense to parties benefited, . . 532
Dividends in Savings Banks, unclaimed, .... 606
Division of Flats, relating to, . . . . . . 670
Dogs in the City of Boston, licensing and registering of, . . 464
Doorkeepers of Legislature, compensation, .... 791
Dowse, Thomas, fund of, by whom managed, .... 544
Drainage of certain lands in Boston, change of grade by city, time
of filing bills in equity under act 1868, . . . .499
Drains in the City of Worcester, additional concerning, . . 700
Drains for Cranberry lands, expense to parties benefited, . . 632
Dry Dock Company, East Boston, may reduce capital, . . 566
Dudley, town of, may raise money for Nichols Academy, . . 498
Dukes County Academy, in aid of, .... . 777
" " Commissioners may build bridge over Menamsha
Creek, 715
Duxbury and Cohasset Railroad Company, may extend road and in-
crease capital, . . . . . .
Duxbury Wharf Company, incorporated,
497
489
E.
East Boston Dry Dock Company, may reduce capital,
" " Ferry landing, city may take property for.
East Walpole Branch Railroad Company, additional powers,
Eastern Railroad Company, may use certain road,
" " " to build draw in bridge over Annisquam
River, ........
Eastern Yacht Club, incorporated, ....
Eddy, Ida M. and Addie E., allowed state aid, .
Edgartown, town of, may raise money for channel through South
Beach, ........
Ejectment from railroad car to be made at passenger station,
59
566
585
672
598
669
437
777
506
665
XIV
INDEX.
Election of Mayor in city of "Worcester, .... 429
" of officers of fire districts, clieck list required, . . 504
" of road commissioners, in towns, provided for, . . 529
Elections in towns, preservation of ballots provided for, . . 463
Employment Bureau, disabled soldiers', in favor, . . . 786
Engineers in fire districts to be chosen annually, . . . 452
Essex Branch Kailroad, mortgage of, authorized, . . . 703
Estate of deceased husband, rights of widow in, . . . 571
" Real, sales by executors and trustees, in certain cases, . 664
" of "William "Winthrop, in Boston, trustees under will, may
sell 784
Estates benefited by improvement of streets, assessment, . . 742
" inBoston,benefltedbyimprovementof streets, assessment, 579,582
" encumbered by contingent remainders, etc., mortgage of, . 660
" and polls of Commonwealth, to establish, . . . 605
Evangelical Society, HoUis, in Framingham, name changed, . . 529
Everett, town of, to remain in certain districts, . . . 462
« " supply of water for, ..... 573
Everett and Chelsea Street Railway Company, incorporated, . 509
Exchange, Boston Corn, name changed to Boston Commercial, . 610
Exchange Insurance Company, to be located in Boston, . . 655
Executions on lauds not attached on mesne process, recording of
levies, ......... 504
Executors and administrators, suits against, .... 593
" and trustees, sales of real estate by, in certain cases, . 664
Executory devise, mortgage of estate subject to, . . . 660
Explosives, transportation of, regulated, .... 436
Express Companies, organized out of State, resident agent to be
appointed, ........ 723
Eye and Ear Infirmary, Mass. Charitable, in aid, . . . 778
P.
Eairhaven, flood-gates across Herring River, erection authorized,
Fall River, city of, supply of water for, ....
" " police court, salary of clerk,
Ealmouth, lands and flats in ceded to United States, .
Falmouth Heights Land and Wharf Company, incorporated, .
Families of soldiers and sailors, state aid to, .
« " slain, allowance for relief of,
Faneuil Hall Insurance Company, in Boston, incorporated, .
Fees of coroners established, .....
" for filing certificates of corporations, under ch. 224, 1870,
" " " of railroad coi'porations.
Female Prisoners, discharged, temporary asylum for, in aid, .
" " use of jail at Greenfield for,
Ferry, East Boston, city may take property for landing.
Ferry Company, Winnisimmet, may take land to widen slip, .
485
509
656
721
613
644
774
453
594
702
667
775
681
585
561, 680
INDEX.
XV
Page
Fire Districts, elections of officers, check list to be used, . . 50-1
" " engineers to be chosen annually, . . . 452
Fire Extinguisher Company, Chemical, acts legalized, name changed, 602
Fires in Boston, for prevention of, .... . 614
Firevrards, appointment by towns, ..... 447
First District Court of Southern "Worcester, established, . . 751
First Presbyterian Church in Boston, acfs legalized, . . . 465
Fish, penalty for illegally taking, ..... 632
" alcTvives, time for taking, ...... 640
" black bass, time for taking, ..... 501
Fisheries, control of, in unuavigable tidal streams, . . . 632
" in Taunton and Newmasket Rivers, act 1855 amended, . 605
" shell, in Dartmouth, protection of, . . . . 664
Fishery, alewife, in Mill River, Sandwich, protected, . . . 562
Fitchburg Police Court, clerk provided for, .... 486
Flats, division of, relating to, ..... . 670
" of Commonwealth, relating to, . . . . 724, 764, 792
" in South Bay, relating to, . . . . . .668
Floating boat-house on Charles River, license revoked, . . 535
Flood gates across Herring River, abutters may build, . . 485
Florida, town of, in favor, for school at Hoosac Tunnel, . . 784
" bridge over Deerfield River, building and maintenance, . 611
Ford, Elliot W., marriage of legalized, ..... 722
Forest River Railroad Company, incorporated, . . . 598
Fort Hill, in Boston, time for assessing betterments, . . . 582
Fort Point Channel, traffic across, for relief of, . . . 785
Foundry Company, Somerset Cooperative, may extend wharf, . 439
Framingham, town of, part of Natick annexed to, . . . 578
Framiugham and Lowell Railroad, mortgage authorized, . . 460
Free High School, Hitchcock, name, estate, .... 503
Free Library, Newton, incorporated, ..... 515
Freeland, Eliza L., guardian, allowed state aid, . . . 771
Freight, transportation of, private railroad tracks for, . . 588
" " of, on railroads, charges regulated, . . 720
French, Matilda, guardian, allowed state aid, .... 777
Fund, Lexington Ministerial, distribution of income, . . . 608
" Natick Indian, disposal of, ..... 635
" Permanent Peace, acts of trustees confirmed, . . . 528
G.
Gardner, Henry, may extend wharf in Weymouth, . . . 525
Gas Light Company, Dedham, name changed, .... 640
" " Lowell, may increase capital, . . 502, 528
" " Salem, may increase capital, . . . 496
" " Worcester, may increase capital, . . 453
Gay Head, Schools of, aid granted to, . . . . . 781
Gill, town of, may hold stock in Turner's Falls Bridge Company, . 613
XVI
INDEX.
Page
Gloucester, town of, draws in bridges at, . . 669
" city of, established, . . ... 708
Gloucester Harbor, line of changed, ..... 470
Glynoin Oil, transportation of, regulated, .... 436
Goldthwait's Brook, in Peabody, rights of manufacturers on, . 664
Governor, Inaugural Address of, ..... 797
" Special Messages of, . " . . . . . 831
" may employ additional clerical assistance, . . . 782
Governor's Private Secretary, allowance to, . . . . 794
Granite Company, Pigeon Hill, may build wharf, etc., . . . 587
Granite Railway Company, may quarry stone ; estate, . . 461
" " " and the O. C. and Newport, concerning, . 468
Green Harbor Marsh in Marshfield, dam across, . . 645, 700
Greenfield, jail at, use for female convicts, .... 681
Groton and Shirley, parts of incorporated as town of Ayer, . 450, 657
Grover and Baker Sewing Machine Company, name re-established, . 647
Guardians, mortgages of real estate by, relating to, .
Guardians of insane persons and minors, certain rights conferred
on, .....••• •
Guardianship of Minors, relating to, .
633
494
502
H.
Hampden County, Court-house, land for in Springfield, . . 483
Hampshire County, salaries of commissioners established, . . 592
Hancock, town of, allowed for corporation taxes, . . . 775
Hancock Congregational Society, may share in Lexington ministe-
rial fund, 608
Harbor of Boston, improvement of, duty of commissioners as to
foreclosure of mortgage of B. H. & Erie R. R., 724, 764
« " lines in South Bay, improvement of navigation, 668,764
Harbor of Gloucester, line of, changed, ..... 470
Harbor Commissioners, office room for, ..... 781
" " to report plan for improvement of flats, . 792
Harris's Wharf in Boston, extension authorized, . . . 471
Harvard College Wharf in Cambridge, extension authorized, 520, 657
Haverhill Bridge, act 1870 concerning travel on, repealed, . . 506
Haverhill Police Court, salary of clerk, ..... 656
Herring River in Pairhaven, abutters may erect flood-gates on, . 485
Hicks's Bridge to be public highway, awards of damage, . . 462
High School, town of Barnstable relieved from penalties for not
maintaining, ... . . . . 652
«' " in Brimfield, Hitchcock Free, name, estate, . . 503
High School Association, Somerville, incorporated, . . . 461
Highway over Green Harbor Marsh in Marshfield, construction, . 645
« over Merrimac River at Tyngsborougb, . . . 571
" over North River, time for laying out, extended, . . 498
" Northampton Bridge may become free, . . . 541
INDEX.
xvii
Highway over "Westport River, laying out of Hicks's Bridge,
Highway Surveyors in New Bedford, ....
Highway Tax, payable in labor and material, abolished,
Highways, improvement of, assessment of estates benefited.
Highways in Boston, improvement of, assessment of estates beu
efited, ......
" obstructions by railroad corporations, to prevent,
Hitchcock Free High School, name, estate,
Hoistways in Boston, regulations for public safety, .
Holden Savings Bank, incorporated, ....
HoUis Evangelical Society, in Framingham, name changed, .
Holmes, Nathaniel, may maintain boom across Connecticut Elver,
Holyoke, town of, may hold certain railroad stock,
" " Police Court established,
Holyoke and Belchertowu Railroad Company, incorporated, .
Holyoke and Northampton Boom and Lumber Co., incorporated,
Holyoke and Westfleld Railroad, may uuite with another road,
Home, Consumptives', trustees incorporated, .
" Discharged Soldiers', in Boston, in favor,
" Springfield, for friendless women and children, aid to,
" Washingtonian, in favor, .....
Homestead League, Women's, etc., incorijorated,
Hoosac Savings Bank of North Adams, incorporated, .
Hoosac Tunnel, establishment of school at,
Horse Railroads. (See " Street Railway Corporations.")
Hospital, Cambridge, incorpoi'ated, ....
" for insane at State Almshouse, Tewksbury, erection of,
" Memorial, in Worcester, trustees incorporated,
" City, in Worcester, establishment, .
" New England, for women and children, estate of, .
" " " " in aid,
" at State Almshouse, Tewksbury, allowance for erection,
" State Lunatic, at Worcester, sale of laud, allowance to,
Hospitals for Insane, discharge of persons confined in,
Hotel Company, Berkeley House, in Boston, incorporated,
" " Wollaston, in Quincy, incorporated, .
House of the Angel Guardian, in Boston, aid to.
House of Reformation in Lynn, establishment authorized.
House of Representatives, pay of clerk and assistants,
Hutchinson Papers, to be surrendered to state,
Hyde Park Savings Bank, incorporated,
Page
462
545
644
742
579, 582
485, 656
503
630
565
529
634
639
537
639
718
639
465
774
772
778
661
531
784
446
787
486
671
561
771
771
572
658
446
496
773
563
794
789
491
I.
Indians, Natick, fund for benefit of.
Infirmary, Mass. Charitable Eye and Ear, in aid of,
Ingalls, Samuel, may build wharf in Winthrop,
Insane, discharge of persons confined as,
635
778
478
658
XVlll
INDEX.
Insane at State Almshouse, Tewksbury, building for, .
lusaue persons, wlieu property rights under will depend on election
of, guardians may act, .....
Inspection and regulation of buildings in Boston, provided for,
Institute, Morse, in Natick, incorporated,
Institution for Deaf-Mutes, Clarke, additional estate, .
" for Savings, New Bedford, taxes reimbursed to, .
Instruction in Common Schools, technical, report on,.
Insurance Companies, and duties of Insurance Commissioner, relat
ing to, .
Insurance, Mutual, certain corporations may contract for.
Insurance Companies :
Beverly, charter extended,
Builders' Mutual Fire, may insure out of state.
Central Mutual Fire, may insure out of state.
Exchange, to be located in Boston,
Fanenil Hall, in Boston, incorporated, .
Merchants', in Boston, charter extended.
Mutual Life, of New York, may hold estate.
North American Fire, estate taken for debt, etc
Pemberton Mutual Fire, in Lawrence, incorporated, .
People's Fire, of Worcester, charter extended, .
Worcester Manufacturers' Mutual, may insure out of state,
" " " tax refunded to.
Intoxicating Liquors, Ale, Porter and Beer, manufacture and sale of,
" " manufacture and sale, relating to.
Page
787
494
614
525
502
779
779
642
603
673
647
610
655
453
474
586
536
614
687
582
786
667
726
Jail at Cambridge, erection authorized, .
Jail at Greenfield, use of, for female convicts, .
Jail at Taunton, erection authorized,
Jamaica Plain Central Congregational Society, acts legalized
Jamaica Plain Land Improvement Compau)', incorporated.
Judge of Probate for Suflfolk, salary increased,
Justice of Southern District Municipal Court, Boston, salary
Justices, Trial, criminal proceedings before, •
" " jurisdiction increased, .
Juvenile offenders, act of 1870 relating to, amended, .
" " in Lynn, house of reformation.
634
681
655
610
574
613
727
746
502
720
563
K.
Konrlck, William A., in favor,
Konkapot Valley Kailroad Company, incorporated.
783
638
INDEX.
XIX
L.
Lager-bier, manufacture and sale, towns maj' authorize,
Lake Wenham, penalty for bathing in, .
Lancaster, town of, supply of water for,
Lancaster Railroad Company, may mortgage and lease road, etc..
Land in Boston ceded to United States, for post-office, etc., .
" " raising of grade by city, bills in equity under act
1868, when may be filed,
" " for landing for East Boston ferry-boats.
Land in Cambridge, belonging to state, sale authorized,
Land in Falmouth ceded to United States,
Laud in Springfield may be taken for court-house,
Land Company, Blue Hill, incorporated,
" " Cary Improvement, may manufacture.
Land and Building Association, Cambridge, acts legalized, .
Land Damages in Worcester, by laying out highways, assessment,
Land Improvement Company, Jamaica Plain, incorporated, .
Land and Wharf Company, Falmouth Heights, incorporated.
Landers, Mary J., allowed state gid, ....
Lands not attached on mesne process, I'ecordiug levies of execution
" partition of, relating to, .
Lands on the N. E. boundary of Maine, claims of owners,
" of State Prison, boundaries to be established, .
" for lighthouses, L^nited States may acquire title to,
Law Library Societies, to receive legislative documents, etc..
Laws, Special, distribution of certain volumes.
League, Women's Economical Garden Homestead, incorporated,
Lee, Harriet N., allowed state aid, ....
Lee and Hudson Railroad Company, incorporated,
Legislature, compensation of clerks of, .
" " members, ...
" " officers, ....
Leominster, town of, supply of water for, ...
Levy of execution on lands not attached on mesne process, record-
ing of, .
Lexington Ministerial Fund, further disti-ibution of income, .
Lexington Savings Bank, incorpoi'ated,.
Libraries, Law, to receive legislative documents, etc..
Libraries, Public, towns may deposit in, books received from state
Library, Dedham Public, incorporated, ....
" Newton Free, incorporated, ....
Library Association, Dean, in Medway, estate, ,
" " Easthamptou Public, museum of.
Library and Athenaeum Association, Blackstone, name,
Liens on Buildings and Land, G. S. relating to, amended,
Lieutenant-Governor, compensation of, .
Life Insurance Company, Mutual, of New York, may hold estate,
Page
667
478
652
508
484
499
685
780
721
483
482
447
536
592
574
613
783
504
500
779
640
589
746
791
661
777
531
794
563
791
598
604
608
490
746
453
519
515
611
673
595
481
786
586
XX
INDEX.
Page
Lighthouses, United States may hold lands for, . . . 589
Liquors, Ale, Beer and Porter, manufacture and sale of, . . 667
" manufacture and sale, relating to, • . . . 726
Little River in Taunton, city may change course of, . . . 543
Lodging-Houses in Boston, regulations respecting, . . . 622
Long Wharf, Boston, incorporation of proprietors, . . . 616
Loring, Charles G., deed to, made valid, .... 785
Lovell's Pond, in Barnstable, reopening of outlet authorized, . 453
Lowell, John A., trustee, deed made by, legalized, . . . 785
LoweU Gas Light Company, may increase capital, . . 502, 528
Lumber Company, Holyoke and Northampton, incorporated, . 718
Lunatic Hospital at Worcester, sale of land, allowance to, . . 572
Lunatic Hospitals, discharge of persons confined in, . . . 658
Lutheran Church, association for works of mercy, incorporated, . 494
Lynn, city of, juvenile offenders in, .... . 563
" " supply of water for, ..... 580
Lynn Odd Fellows' Hall Association, acts legalized, capital, . . 469
M.
Maine, lands on N. E. boundary ceded to Great Britain, claims of
owners, ......... 779
Maiden Masonic Building Association, incorporated, . . . 454
Mandeville, J. L. and F. G., allowed state aid, .... 771
Mann, A. W., may extend Harris's Warf in Boston, . . . 471
Mansfield and Framiugham R. R. Co., concerning, . . . 521
" " " may unite with another road, 672
Manufacture and sale of intoxicating liquors, act 1869 amended, 667,726
Manufacturers' Mutual Insurance Company, Worcester, may insure
out of state, ........ 582
Manufacturing Corporations :
Cary Improvement Company, may manufacture bricks, etc., . 447
Chemical Fire Extinguisher Company, change of name legal-
ized, 602
Dedham Gas Light Company, name changed, . . . 640
Grover and Baker Sewing Machine, name re-established, . 647
Lowell Gas Light Company, may increase capital, . 502, 528
Salem Gas Light Company, may increase capital, . . 496
Somerset Cooperative Foundiy Company, may extend wharf, 439
Stafford Mills in Fall River, incorporated, . . . 439
Suffolk and the Tremont IMills, may unite, . . . 526
Tremont Mills and Suflblk Manufacturing Company,may unite, 526
Weetamoe Mills, in Fall River, incorporated, . . . 466
" " " may build wharf, . . 471
Worcester Gas Light Company, may increase capital, . . 453
Manufacturing Corporations, additional to chap. 224, 1870, concern-
ing, . . . . .499
" " fees payable under chap. 224, 1870, . 702
Manufacturing Establishments, children employed in, half-time
schools for, . . . . . . . .789
INDEX.
XXI
Page
Manufacturing Establishments on Goldthwait's Brook, rights, . 561
Maple Street Methodist Society in Lynn, may mortgage meeting-
house, ......... 782
Maps of certain Counties, secretary to purchase, . . . 782
Marblehead, town of, may pay representatives of J. M. Crane, . 576
Marblehead and Lynn Railroad, time for locating extended, . . 602
Marblehead Savings Bank, incorporated, .... 495
Marchant, Barnard C, guardian, in favor, .... 787
Marriage of Elliot W. Ford, legalized, ..... 722
Married Women, actions of Tort by and against, . . . 655
Marshfleld, Bridge over North River, time for building, . . 498
" Dam across Green Harbor Marsh, construction, . 645, 700
" Dams across North River, construction, . . . 635
" Dams across South River, erection authorized, . . 725
Masonic Building Association, in Attleborough, incorporated, . 565
" " " in Maiden, incorporated, . . 454
Massachusetts Agricultural College, allovpance to, . . . 791
" " " trustees of, etc., . . .729
" Central Railroad, extension authorized, . . 557
" " " may unite with another road, . 639
" Charitable Eye and Ear Infirmary, in aid, . . 778
" Medical Benevolent Society, in Boston, incorporated, 591
Mattoon, Charles, in favor of widow of, . .... 770
Maynard, town of, incorporated, ...... 567
" " to be supplied with documents, weights and
measures, ........ 780
Mayo, Henry, and Co., may extend wharf in East Boston, . . 609
Mayor in city of Worcester, election of, .... 429
Meadows in Barnstable overflowed, outlet from Lovell's Pond, . 453
Mechanics' Association, Worcester County, Estate, debts of, . 680
Medford, town of, may build bridge over Mystic River, . . 471
" " may issue Water Fund Bonds, . . . 472
Medical Benevolent Society, Massachusetts, incorporated, . . 591
Medway Savings Bank, incorporated, ..... 460
Meeting-house in Millbury, sale of, authorized, . . . 780
Memorial Hospital in Worcester, trustees incorporated, . . 486
Menamsha Creek, in Gay Head and Chilmark, bridge over, . . 715
Merchants' Insurance Company in Boston, charter extended, . 474
Meridian Lines, establishment of, additional act, . . . 664
Merrimac River, bridge over at Tyngsborough, authorized, . . 571
Merrimac River Savings Bank, in Lowell, incorporated, . . 465
Messages of Governor to Legislature, special, .... 831
Messengers of legislature, compensation, .... 791
Methodist Episcopal Sunday School and Missionary Society, Bos-
ton, acts legalized, ....... 611
Methodist Episcopal Society in Lynn, Maple Street, may mortgage
meeting-house, ....... 782
60
zzu
INDEX.
Page
Methodist Episcopal Society in Lynn, St. Paul's, may mortgage
property, 779
Middlesex Central Railroad Company, incorporated, . . . 537
Middlesex County, commissioners may build highway and bridge
over Merrimac River, . 571
" " " may build jail at Cambridge, . 634
Militia, appointment of surgeons in, .... . 633
" breech-loading arms for, ...... 786
Mill River, Sandwich, Alewife fishery in, protected, . . . 662
Millbury Building Company incorporated, . . . . 491
Mills, StaflFord, in Fall River, incorporated, .... 439
" Tremont, and Suffolk Manufacturing Co., may unite, . . 626
" Tremont and Suffolk, may contract for mutual insurance, . 603
" Weetamoe, in Fall River, incorporated, .... 466
" " " " may build wharf, . . .471
Ministerial Fund, Lexington, further distribution of income, . 608
Minor, when property rights under will depend upon election of,
guardian may act, ....... 494
Minors, guardianship of, sect. 4, chap. 109, G. S. amended, . . 602
Minors, guardians of, mortgage of real estate by, . . . 633
Minors supported by towns, return to state visiting agent, etc., . 723
Missionary Society of Methodist Church, Boston, acts legalized, . 611
Money, treasurer may borrow, in anticipation of revenue, . . 769
Monson, town of, doings of town meeting legalized, . . . 695
Montague, town of, may hold stock in Turner's Falls Bridge Com-
pany, ......... 613
Mooney, Amos W., may extend wharf in Newburyport, . . 697
Morse Institute in Natick, incorporated, .... 525
Mortgage by Boston, Hartford and Erie R. R. Co., state to fore-
close, ......... 724
Mortgages of real estate by guardians, ..... 633
Mother to remain guardian of child, though marrying again, . 502
Mount Pleasant Association, in Abington, acts legalized, . . 520
Mount Tom and Easthampton Railroad Company, incorporated, . 690
Municipal Court of Boston, appeals in civil actions, . . . 656
" " " for Southern District, jurisdiction, . 607
" " " " " salary of justice
and clerk, ........ 727
Municipal Courts, jurisdiction in civil cases, .... 523
Murphy, Timothy, in favor, ...... 772
Museum of Comparative Zoology, allowance to, . . . 783
Music Hall Association, Athol, incorporated, .... 473
" " " Boston, name established, estate, . . 429
Mutual Insurance, certain corporations may enter into contract for, 603
Mutual Insurance Company, Builders', may insure out of state, . 647
" " " Central, may insure out of state, . 610
" " " Pemberton, in Lawrence, incorporated, 614
INDEX.
xxin
Page
Mutual Insurance Company, "Worcester Manufact'rs', may insure out
of state, . 682
" " " " " tax refunded to, 787
Mutual Life Insurance Company of New York, may hold estate, . 586
Mystic River, Bridge over, town of Medford may build, . . 471
N.
Names of Persons, change of, ..... . 842
Nantucket, Quail in, time for taking, ..... 606
Nashua, Acton and Boston Railroad Company, incorporated, . 539
Nashua and Lowell Railroad Company, may increase capital, . 524
" " " " may unite with other road, . 540
Nashua and Rochester Railroad, Worcester and Nashua Railroad
Company may hire, . . . . . . . 602
Natick, town of, Morse Institute incorporated, . . . 525
" " part annexed to Framingham, . . . 578
Natick Indians, Fund for benefit, disposal of, . . . . 635
National Cemetary, Antietam, allowance for, . . . . 778
Navigation Company, Charles River, charter revived, . ' . . 545
Needham, Hannah M., allowed state aid, .... 789
Negotiable Instruments, notices of non-payment, may be sent by
mail, 593
Neponset Bank, charter revived for conveyance of estate, . . 472
NeAv Bedford, city of, surveyors of highways in, . . . 545
New Bedford and Middleborough Railroad, connection with N. B.
and Taimton road, ... .... 459
New Bedford Savings Institution, taxes reimbursed to, . . 779
New Bedford and Taunton Railroad, extension, capital, etc., . 459
New England Fire Extinguisher Companj^, name established, . 602
" " Hospital for women and children, estate of, . . 5(11
« « » " « aid to, . . 771
" " Shoe and Leather Association, incorporated, . . 438
« " Trust Company, capital, investments, returns, etc., . 521
New Haven and Northampton Railroad Company, may use certain
road, ......... 591
New London and Northern Railroad, may unite with another road, 639
New Marlborough, part of Sheffield annexed to, . . . 566
Newburyport, city of, may hold street railroad stock, . . 657
Newburyport and Amesbury Horse Railroad Company, charter ex-
tended, . 533
« « " " " certain towns
may hold stock in, ...... . 657
Newmasket River, Fisheries in, act 1855 amended, . . . 605
Newton Free Library, incorporated, town may aid, . . • . 515
Nichols Academy, town of Dudley may raise money for, . . 498
Nickerson's Wharf Company, charter amended, . . . 469
Nitro-Glycerine, transportation of, regulated, .... 436
Norfolk County Probate Court, salary of assistant register, . . 716
XXIV
INDEX.
Page
Norfolk and Wrentham, line between defined, .... 571
Normal School Boardiug-Houses, interest on account of, . . 776
Normal School at "Worcester established, .... 787
Normal School-House at Bridgewater, allowance for enlargement, . 781
North American Fire Insurance Company, estate taken by, for debt, . 536
North Attleborough Odd Fellows' Hall Association, incorporated, . 531
North Attleborough Union Building Association, incorporated, . 469
North Bridgewater, town of, may change name, . . . 666
North Bridgewater Agricultural Society, incorporated, . . 488
North Chelsea, Town of, name changed to Eevere, . . . 506
North Kiver in Plymouth County, dams across, . . . 635
" " " " time for biiilding bridge over, . 498
Northampton, town of, may raise money for Smith College, . . 467
" " supply of Water for, .... 444
Northampton Bridge, may become free, .... 541
Northern Berkshire District Court, relating to, . . 607, 755
" " " " salary of clerk, . . .663
Norwich and "Worcester Railroad, union passenger station, at Wor-
cester, ......... 673
Notes, notices of non-payment may be by mail, . . . 593
Noxious trades, board of health may forbid, .... 534
Nuisance in Boston, abatement, by raising grade of certain lands,
time for filing bills in equity under act 1868,
Nye's Pond, Sandwich, protection of trout in, .
0.
Oaths to proceedings in Probate Courts, statutes revised,
Odd Fellows' Hall Association, in Boston, name, acts legalized,
" " " Lynn, capital, acts legalized, .
" " " North Attleborough, incorporated,
Odd Fellows' Hall, in Lowell, proprietors incorporated,
Offenders, juvenile, act 1870 relating to, amended.
Offenders, juvenile, in the city of Lynn, .
Offensive Trades, State board of health may forbid, .
Officers of Fire Districts, check list to be used in elections of,
" of State Prison, salaries established, .
Officers and Soldiers in late war, corrected list to be published,
Old Colony and Newport Railway Company, location, branch roads,
increase of capital, .
499
606
503
465
469
531
438
720
563
534
504
645
790
468
Orange Savings Bank, incorporated,
Osborne, Lydia P., allowed state aid,
may unite with certain
railroads, . 604, 636
branch in Boston, . 662
524
779
P.
Pages of Legislature, pay of,
Partition of Lands, relating to,
791
500
INDEX.
XXV
Passenger Station in Worcester, union, of certain railroads
Passengers on Railroads, for better protection of,
Passengers on Railroads, special contracts for carrying.
Paupers, settlement of, .
Peace Fund, Permanent, acts of trustees legalized, estate,
Peck, John, allowed state aid, ....
Pemberton Mutual Fire Insurance Company, incorporated,
People's Fire Insurance Company of Worcester, charter extended,
Permanent Peace Fund, acts of trustees legalized, estate,
Philbrick, Edward S., in favor, ....
Pigeon Hill Granite Company, of Eockport, may build wharf and
breakwater, ......
Pilgrim Congregational Church, in Cambridge, incorporated
Pilotage, concerning, .....
Pittsfield, town of, allowance to for corporation taxes,
" " may grant money to Berkshire Athenseum
Plates and impressions of certain bonds to be destroyed,
Plymouth, County of, preservation of Deer in,
Plymouth County Agricultural Society may increase estate,
Plymouth County Railroad Company, incorporated, .
Plymouth and Sandwich Railroad Company, incorporated,
Plymouth Society, in Framingham, name established,
Plymouth and Vineyard Sound Railroad, union with another road
Police, Railroad, provided for, ....
Police, State, testimony and witnesses before committee on
" " better system established.
Police Court, Fall River, salary of clerk,
" " Fitchburg, clerk provided for,
" " of Haverhill, salary of clerk,
" " Holyoke, established.
Police Courts, jurisdiction in civil cases.
Polls and Estates of Commonwealth, to establish.
Pond in Barnstable, Lovell's, reopening of outlet from.
Porter, manufacture and sale of, towns may authorize.
Post Office in Boston, land for, ceded to United States,
Preacher of election sermon, pay of, .
Presbyterian Church in Boston, First, acts legalized, .
Prison, State, boundaries of lands to be established, .
" " expenditures for educational purposes, .
" " payment for books furnished to,
" " salaries of officers in, .
Prisoners, discharged female, aid to temporary Asylum for,
Prisons, State, for Women, expediency of establishing,
Private Secretary of Governor, allowance to, .
Probate Court for Norfolk County, salary of assistant register,
" " for Suffolk County, salary of judge increased,
Probate Courts, certain proceedings in made valid, .
" " oaths to proceedings in, statutes revised, .
Page
673
665
623
729
628
773
614
587
528
772
687
661
697
775
607
770
658
437
603
636
529
636
665
490
755
656
486
656
637
623
605
453
667
484
791
465
640
669
777
645
775
784
794
716
613
730
608
XXVI
INDEX.
Page
Proprietors of Boston Pier or Long "Wharf, incorporation, . . 516
" of Cliurcli in Brattle Square, Boston, may sell property, 647
" of Odd Fellows' Hall in Boston, name, acts confirmed, . 465
" of Odd Fellows' Hall in Lowell, incorporated, . . 438
" of Kowe's Wharf, may extend same, . . . 610
Providence and Worcester Kailroad, union passenger station at
Worcester, ,....,.. 673
Public Libraries, towns may deposit in, books received from state, . 453
Public Library and Reading Room, Dedham, incorporated, . . 619
Public Library Association of Easthamptou, museum of, . . 673
Public Places of Amusement in Boston, regulations for safety at, . 631
Public Schools, attendance upon, for revision of laws relating to, . 784
" " technical instruction in, .... 779
Q.
Quail in Nantucket, time for taking, ..... 606
Quo Warranto, application for, how made, .... 721
R.
Railroad Corporations :
Ashburuham, incorporated, ..... 601
Athol and Enfield, may unite with certain road, . . 637
Attleborough Branch, may increase capital, . . . 464
Bedfoi'd, time for locating and consti'ucting, . . . 746
Boston and Albany, concerning, .... 632, 587
" " union passenger station in Worcester, . 673
Boston, Barre and Gardner, union passenger station in Wor-
cester, .... 673
" " *' union with other roads, location
and construction, . . 758
Boston, Clinton and Fitchburg, tracks in Fitchburg, . . 576
Boston, Hartford and Erie, scrip issued in aid, unexpended
proceeds of, . . . 790
«« " " concerning, .... 521
« " " right in union passenger station
at Worcester, . . . 678
« " " mortgage to state, foreclosure of, 724
« " " " Berdell Bonds " of, state rights
in to be enforced, absolute
ownership obtained, etc., 769, 788, 792
Boston and Lowell, may lease Middlesex Central Road, . 538
Boston and Lynn Union, charter revived, name changed, time
for locating, ....... 536
Boston and Maine, extension of road to Portland, . . 747
Boston and Providence, annual meeting, additional track, . 466
" " may unite with another road, • . 672
« " and the Canton and Hyde Park, . 624
Brighton Branch, incorporated, ..... 586
INDEX.
XXVll
Railroad Corporations— Continued :
Canton and Hyde Park, time for locating, etc., extended,
Cape Cod, may unite with Plymouth and Sandwich road,
" " time for locating extension, .
Cheshire, may use certain road, ....
Connecticut River, may unite with certain roads, . 591,
Duxbury and Cohasset, may extend road and increase cap
ital, . . . . . . .
East Walpole Branch, powers granted to,
Eastern, may use certain road, ....
" to build drawbridge in, over Annisquam River,
Essex Branch, may mortgage road,
Everett and Chelsea, Street, incorporated,
Forest River, incorporated, ....
Eramingham and Lowell, may mortgage road, etc.,
Granite, and Old Colony and Newport, concerning,
Holyoke and Belchertown, incorporated,
Holyoke and Westfield, may unite with another road, .
Konkapot Valley, incorporated, ....
Lancaster, may mortgage and lease road, etc., .
Lee and Hudson, incorporated, ....
Mansfield and Eramingham, relating to, .
" " may unite with another road,
Marblehead and Lynn, time for locating road extended,
Massachusetts Central, may extend road,
" " • may unite with another road,
Middlesex Central, incorporated, .
Mount Tom and Easthampton, incorporated,
Nashua, Acton and Boston, incorporated,
Nashua and Lowell, may increase capital,
" " may unite with other road,
Nashua and Rochester, Worcester and Nashua may hire road.
New Bedford and Middleborough, connection with New Bed-
ford and Taunton road, ......
New Bedford and Taunton, may extend road, increase capital,
etc., ........
New Haven and Northampton, may use other road,
New London and Northern, may unite with another road,
Newburyport and Amesbury, Horse, charter revived, .
" " " certain towns may hold
stock in,
Norwich and Worcester, union passenger station in Worces-
ter, .........
Old Colony and Newport, may unite with certain railroads,
" " may construct branch in Boston, .
" " location, branch roads, increase of
capital, . . . .
Plymouth County, incorporated, .....
Plymouth and Sandwich, incorporated, ....
Page
524
636
679
601
637, 639
497
672
598
669
703
509
598
460
468
639
639
638
508
531
521
672
602
557
639
537
590
539
524
540
602
459
459
591
639
533
657
673
604, 636
662
468
603
636
XXVIU
INDEX.
Railroad Corporations — Concluded :
Plymouth and Vineyard Sound, may unite with another road,
Providence and Worcester, union passenger station in Wor-
cester, .......
Roxbury Branch, charter revived,
Rutland, Vermont and Mass. Company may lease road to,
Salisbury, time for constructing road extended,
Shawmut, concerning, .....
Sherborn and South Natick, incorporated,
South Shore, may unite with Plymouth County railroad,
Springfield and Athol, incorporated,
Stockbridge and Pittsfield, concerning, .
Stoughton Branch, union with Canton and Hyde Park road
Taunton, Street, charter revived,
" " may reduce capital,
Troy and Greenfield, construction of road between certain
points, .......
Troy and Greenfield, repair of road by Vt. and Mass. Co.,
Tyngsborough and Brookline, incorporated,
Vermont and Massachusetts, may lease to Rutland Railroad
Company, .......
Vermont and Massachusetts, may use certain railroad,
" " " reimbursed for repairing T. & G
Railroad, .......
West Stockbridge, concerning, ....
Winthrop, Street, time for locating and constructing road,
Worcester and Nashua, may hire Nashua and Rochester road,
" " union passenger station in Worcester,
Railroad Commissioners to report as to certain railroads.
Railroad Corporations whose roads extend beyond the state, liabi-
lity of,
Railroad Corporations, freight charges of, regulated, .
" " increase of capital stock by, .
" " may guarantee bonds of connecting roads, .
" " obstruction of highways by, to prevent, 485, 656
" " to have adequate capital before commencing
to build, and to file certificate of fact.
Railroad Corporations, Street, regulation of, .
Railroad Crossings, protection of travellers at.
Railroad Police, and the protection of passengers provided for,
Railroad Trains to be equipped with tools,
" " passengers on, for better protection, .
" " " " special contracts for carrying.
Railroads, private, for transportation "of freight, authorized, .
" report on, ordered, .....
" safety switches required on, ....
Railway Company, Granite, may quarry stone and increase estate.
Railway Corporations, Street, regulation of, . .
Page
636
673
585
489
586
662
520
604
637
532
524
467
747
701
528
540
489
601
528
532
720
602
673
793
747
720
754
746
667
730
699
665
436
665
623
688
793
452
461
730
I
INDEX.
XXIX
Rape, punishment of, . . . .
" offence made bailable, .....
Reading Room, Dedham Public, incorporated, .
Real Estate and Building Association, Wakefield, incorporated,
Real Estate, mortgages of, by guardians,
" " salQ by executors and trustees, in certain cases,
Register of Probate, Assistant, in Norfolk County, salary, .
Registers of Deeds, duties in certain cases.
Remainder, Contingent, mortgage of estate subject to,
Reservoir Company, Williamsburg, reservoii'S, estate.
Revere, Town of, name established, ....
Rice, George, allowance to, .... .
Road Commissioners, election in towns provided for,
Roberts, Chester B., conveyance by guardian of, legalized, .
Rolls of the War of 1812, adjutant-general to obtain, .
Rowe, town of, to maintain portion of Florida Bridge,
Rowe's Wharf, in Boston, extension authorized,
Roxbury Branch Railroad Company, charter revived, .
Russ, Augustus, acts as justice of the peace legalized,
Rutland Railroad Company, Vermont and Mass. Company may lease
to, ... . . . . . .
Page
469
471
619
603
633
664
716
480
660
603
606
789
629
776
776
612
610
685
681
489
S.
Safety Switches in Railroads, required, ..... 452
Sailors, state aid to, continued, ...... 644
Sailors, certain, testimonials to, ...... 772
Saint Paul's Methodist Society of Lynn, mortgage of property, . 779
Salaries :
Assistant Clerks, First, in Auditor's and Treasurer's Depart-
ments, ........ 745
Assistant Clerks S. J. Court and civil session of Superior
Court, Suffolk, ....... 573
Assistant Register of Probate in Norfolk County, . . 716
Clerk, District Court of Northern Berkshire, . . . 663
Clerks in Adjutant-General's Department, . . . 722
Clerks of Haverhill and Fall River Police Courts, . . 656
Commissioners of Hampshire County, .... 592
Deputy Tax Commissioner, ..... 666
Judge of Probate for Suffolk, increased, . . . 613
Justice and Clerk of Southern Municipal Court, Boston, . 727
Officers of State Prison, ...... 645
Sale of Estates encumbered by contingent remainders, etc., . . ' 660
Sale of Intoxicating Liquors, act of 1869 amended, . . 667, 726
Sale of Real Estate by executors and trustees, in certain cases, . 664
Salem, City of, purchase of water-rights by, .... 664
" Pilotage in port of, ..... . 697
Salem Gas-Light Company, may increase capital, . . . 496
61
XXX
INDEX.
Salisbury, town of, may hold street railroad stock,
Salisbury Railroad, time for construction extended, .
Sandwich, Alewife fisheiy in, protected,
" Trout in Nye's Pond, protected.
Savings Banks and Institutions :
Amesbury, incorporated, ...
Ashburnliam, incorporated,
Benjamin Franklin, in Franklin, incorporated, ,
Brookline, incorporated, . . . ,
Central, in Lowell, incorporated, .
Danvers, overpaid tax to be refunded to,
Holden, incorporated, ....
Hoosac, in North Adams, incorporated, .
Hyde Park, incorporated, ....
Lexington, incorporated, . . . ,
Marblehead, incorporated, . . . ,
Medway, incorporated,
Merrimack River, in Lowell, incorporated.
New Bedford, reimbursement of taxes paid by.
Orange, incorporated,
Spencer, incorporated,
Stockbridge, incorporated,
Templeton, incorporated, .
Winchester, incorporated, .
Woronoco, in Westfleld, incorporated,
Savings Banks, taxation of bank stock owned by,
" " unclaimed dividends, and deposits not bearing in
terest, . . . . . .
Sawin Academy, in Sherborn, incorporated.
School, High, town of Barnstable relieved from penalties, for not
maintaining, ......
School, Hitchcock Free High, in Brimfield, name, estate.
School at Hoosac Tunnel, establishment of.
School, Normal, at Worcester, establishment, .
School-house, Normal, at Bridgewater, enlargement, .
School-houses, maintenance by towns, penalty for neglect.
Schools for Deaf Mutes, withdrawal of beneficiaries, .
" in Gay Head, aid granted for support of,
" half-time, for children employed in manufactories,
" Normal, certain, boarding-houses for, .
" Public, for revision of laws relating to attendance,
" " technical instruction in, plan for.
Scrip issued in aid of B. H. and Erie Railroad, unexpended proceeds
Sears, Barzilla, right to alewife fishery in Mill River,
Secretary of Governor, allowance to,
Seminary, Boston Theological, and Boston Univei'sity, may unite,
Senate, clerk of, and assistant, compensation, .
Senate Committees, contingent expenses provided for,
Page
65T
586
562
606
575
597
461
464
474
774
565
531
491
490
495
460
465
779
524
533
585
575
477
595
747
606
644
652
503
784
787
781
524
644
781
789
776
784
779
790
562
794
526
794
794
INDEX.
XXXI
Page
Sergeant-at-arms, allowance to, ... . . 794
Settlement of Paupers', how acquired, ..... 729
Sewers in the city of Worcester, additional concerning, . . 700
Sewing Machine Company, Grover and Baker, name reestablished, . 647
Shares of stock in Banks, taxation of, . . . . . 747
Shawmut Eailroad Company, concerning, .... 662
Sheflield, part of annexed to New Marlborough, • . . 566
Shell Fisheries in Dartmouth, protection of, . . . . 664
Sherborn, town of, Sawin and Dowse bequests,. . . . 544
Shei'born and South Natick Railroad Company, incorporated, . 520
Shirley and Groton, parts of incorporated as town of Ayer, . 450, 657
Shoe and Leather Association, New England, incorporated, . . 438
Shurtlefl", William S., in favor, ...... 783
Slaughter Houses, and ofl'ensive trades, regulations and restrictions, 534
Smith Academy, in Hatfield, trustees incorporated, . . . 473
Smith College, incoi'poratcd, ...... 475
" " town of Northampton may raise money for, . . 467
Snelling's Wharf in East Boston, extension authorized, . . 609
Societies :
Boston Sunday School and Missionary, of Methodist Episco-
pal Church, acts legalized, ..... 611
Central Congregational, of Chelsea, name, . . . 519
" " of Jamaica Plain, acts legalized, . 610
Deerfield Valley Agricultural, incorporated, . . . 575
Hancock Congregational, may share in Lexington ministerial
fund, ........ 608
Hollis Evangelical, in Framingham, name changed, . . 529
Maple Street Methodist, in Lynn, may mortgage meeting-
house, ........ 782
Massachusetts Medical Benevolent, in Boston, incorporated, . 591
North Bridgewater Agricultural, incorporated, . . 488
Plymouth, in Framingham, name established, . . . 529
Plymouth County Agricultural, may increase estate, . . 437
St. Paul's Methodist, of Lynn, may mortgage property, . 779
Union, of Millbury, may sell meeting-house, . . . 780
Wellesley Congregational, may sell estate, . . . 516
Winnisimmet Congregational, in Chelsea, name changed, . 519 •
Worcester, S. E. Agricultural, annual exhibition, . . 533
Societies, Law Library, to receive documents, etc., . . . 746
Soldiers, disabled, allowance to surgeon-general for relief, . . 774
Soldiers, state aid to, ...... . 644
Soldiers' Emploj-ment Bureau, In favor, .... 786
Soldiers' Records, publication of corrected edition, . . . 790
Soldiers' Testimonials, relating to, .... . 772
Somerset Cooperative Foundry Company, may extend wharf, . 439
Somerville, city of, incorporated, ..... 546
Somerville High School Association, incorporated, . . . 461
South Bay, improvement of navigation, harbor lines, etc., , 668, 764
XXXll
INDEX.
Page
South Beach, in Edgartown, boat channel through, . . . 506
South River, in Marshfleld, erection of dams across, . . . 725
South Scituate, Bridge over North River, time for building, . . 498
South Shore Railroad Company, may unite with another road, . 604
Southbridge and Sturbridge, line between established, . . 588
Southern Berkshire District Court, clerk for, .... 681
" " " " relating to, . . 607,755
Southern Worcester, First District Court, established, . . 751
Special Laws, distribution of certain volumes,
Special Messages of Governor to legislature, .
Spencer Savings Bank, incorporated,
Springfield, city of, laud in for court house,
Springfield and Athol Railroad Company, incorporated,
Springfield Home for women and children, aid to,
StaflToi'd Mills, in Fall River, incorporated,
Standish, town of North Bridgewater may take name of.
State Aid to soldiers, sailors and families of slain,
State Almshouse at Tewksbury, erection of hospital at,
" " " erection of building for insane.
State Charities, Board of, to investigate in certain cases of alleged
insanity, .....
State House, repairs and improvements provided for.
State Lunatic Hospital at Worcester, sale of land, allowance to,
" Lunatic Hospitals, discharges from.
State Police, special committee on, testimony and witnesses before
" " better system established.
State Prison, expenditures for educational pui'poses, at,
" " lands of, boundaries to be established, .
" " Officers of, salaries established, .
" " payment authorized for books furnished to.
State Prisons for Women, expediency of establishing.
State Tax of $2,500,000, apportioned and assessed.
State Visiting Agency, act 1870 relating to amended, .
Steamboat Company, Boston and Provincetown, incorporated.
Steamship Company, Boston and Richmond, incorporated,
Stevens, Adeline V., allowed state aid, .
Stockbridge and Pittsfield Railroad Company, concerning,
Stockbridge Savings Bank, incorporated,
Stony Brook, Boston and West Roxbury may improve,
Stoughton Brauch, and Canton and Hyde Park Railroads, union of,
Stow, town of, part incorpoi'ated as Mayuard, .
Street Railway Corporations :
Boston and Lynn Union, name changed, charter revived, time
for locating, .......
Everett and Chelsea, incorporated, ....
Ncwburyport and Amesbury, charter revived, .
" " " certain towns may hold stock of.
791
831
533
483
637
772
439
566
644
771
787
658
786
572
658
490
755
669
640
645
777
784
681, 727
720
496
608
785
532
585
671
524
567
536
509
633
657
INDEX.
xxxm
Street Eailway Corporations — Concluded.
Taunton, charter revived, .....
" may reduce capital, ....
"Winthrop, time for locating and constructing road,
Street Railway Corporations, regulation of, .
Street improvements, assessment of estates benefited by.
Streets in Boston, Beacon and other, widening of,
" " betterment of estates by improvement of, assess
ment, ........
Sturbridge and Southbridge, line between established,
Sudbury, town of, part incorporated as Maynard,
Suflblk County, clerks of certain courts in, salaries, .
" " Probate Court of, salary of judge,
" " September term of S. J. Court in,
Sufiblk Manufacturing Company, may unite with Tremont Mills,
Suits against Executors and Administrators, concerning,
.Sunday School Society, Methodist, in Boston, acts legalized,
Superior Court, salary of assistant clerk in Suflblk, .
" " terms for criminal business, in Berkshire,
Supreme Judicial Court, salary of assistant clerk in Suffolk, .
" " " September term for Suffolk County,
Surgeon-General, may expend $10,000 for care of disabled soldiers.
Surgeons in the militia, appointment of, ...
Surveying, regulation of practice, additional act,
Sweeney, James, allowed state aid, ....
Switches in Railroads, Safety, required.
Page
467
747
720
730
742
494
579, 582
588
667
673
613
535
526
593
611
573
485
573
535
774
633
664
776
452
T.
Taunton, city of, may change course of Little River, . . . 543
" " rebuilding of Jail in, . . . . . 655
Taunton Great River, fisheries in, act 1855 amended, . . . 605
Taunton Street Railway Company, charter revived, . . . 467
" *' " " may reduce capital, . . 747
Tax, Highway, payable in labor and materials, abolished, . . 644
" State, of $2,500,000 apportioned and assessed, . . 681, 727
Tax Commissioner, Deputy, salary established, . . . 666
Taxation of Bank shares, ....... 747
Taxes, assessment and collection, towns to make return of expense, 501
" County, granted, ....... 774
" State and County, for more equal apportionment, . . 505
Technical Instruction in Schools, plan to be reported, . . 779
Templeton Savings Bank, incorporated, .... 575
Temporary Asylum for discharged female prisoners, in aid, . . 775
Tenement-houses in Boston, regulation of, . . . . 622
Testimonials to certain soldiers and sailors, .... 772
Testimony before joint special committee on state police, . . 490
Theological Seminary, Boston, and Boston University, may unite, . 626
XXXIV
INDEX.
Page
Thompson, James, allowed state aid, ..... 777
Tombs iu Attleborough, removal authorized, .... 584
Tools to be carried on all railroad trains, .... 436
Tort, actions of, by and against married women, . . . 655
Town of Ayer incorporated, from Groton and Shirley, . 450, 657
" Everett, to form part of certain districts, . . . 462
" Tramiugham, part of Natick annexed to, . . . 578
" Maynard incorporated, from Stow and Sudbury, . . 567
" Natick, part annexed to Framingham, . . . 578
" New Marlborough, part of Sheffield annexed to, . . 566
" North Bridgewater, may take name of Standish, . . 566
" North Chelsea, name changed to Revere, . . . 506
" Sheffield, part annexed to New Marlborough, . . 566
Town lines, Norfolk and Wrentham, defined, . . . . 571
" " Southbridge and Sturbridge, defined, '. . .588
Towns, appointment of firewards in, . . . . . 447
" elections in, preservation of ballots provided for, . . 463
" maintenance of School-Houses by, penalty for neglect, . 524
" to return expense of assessing and collecting taxes, . . 501
" minors supported by, return of, required, . . . 723
" may deposit state repoils, &c., iu public libraries, . . 453
" may elect Road Commissioners, ..... 529
" may authorize sale of Ale, Beer and Porter, . . . 667
" state and county taxes, more equal apportionment, . . 505
" taxes for highways to be assessed like other taxes, . . ' 644
Trades, ofifensive, state board of health may forbid, . . . 534
Transportation of Freight, pi'ivate railroad tracks for, . . 588
" " on railroads, charges regulated, . . 720
Transportation of Nitro-Glyceriue and other explosives, . . 436
Transportation of Passengers on Railroads, special contracts for, . 523
Travellers at railroad crossings, protection of, ... 699
Treasurer may borrow money in anticipation of revenue, . . 769
Treasurer's Department, first assistant clerk in, salary, . . 745
Tremout Mills may unite with Sufl'olk Manufacturing Company, . 526
Tremont and Suflblk Mills may contract for mutual insurance, . 603
Trial Justices, criminal proceedings before, .... 746
" " jurisdiction increased, ..... 502
Trinity Church in Boston, sale of estate authorized, . . . 583
Trout in Nye's Pond, Sandwich, protection of, . . . . 606
Troy and Greenfield Railroad, construction between certain points, 701
« " " repair of, by Vt. and Mass. Co., . 528
Trust Company, New England, capital, investments, returns, etc., . 621
Trustees of Berkshire Athenaeum, iu Pittsfield, incorpoi-ated, . 607
" of Boston University, and Theological Seminary, union
authorized, . . . . . • • 526
" of Consumptives' Home, incorporated, . . . 465
" of Lunatic Hospital at Worcester, to convey land for Nor-
mal School, ....... 788
INDEX.
XXXV
Page
Trustees of Lunatic Hospital at Worcester, to sell land, allowance
to hospital, ....... 572
" of Maple Street Methodist Society in Lynn, may mortgage
meeting-house, ...... 782
" of Memorial Hospital in Worcester, incorporated, . . 486
" of Permanent Peace Fund, acts legalized, estate, . . 628
" of Smith Academy in Hatfield, incorporated, . . 473
" of Smith College, incorporated, .... 475
Trustees, sale of real estate by, in certain cases, . . . 664
Trustees of lands, who ai'e appointed out of state, required, etc., . 663
Trustees under will of William Wentworth, may sell estate, . . 784
Turner's Falls Bridge Company, certain towns may hold stock in, . 613
Turnverein, Boston, incorporated, ..... 446
Tyngsborough, town of, bridge over Merrimac Eiver in, . . 571
Tyngsborough and Brookline Railroad Company, incorporated, . 540
Tyringham, town of, allowed for corporation t£(i;ses, . . . 775
u.
United States, claims against, by owners of lands on N. E. boundary
of Maine, .....
" " land in Boston ceded to, for post-office, etc., .
" " land in Falmouth ceded to, .
" " may acquire title to lands for lighthouses,
Union Aqueduct Company, in Lancaster, incorporated,
Union Building Association, North Attleborough, incorporated,
Union Hall Association in Cambridge, name established.
Union Society of Millbury, may sell meeting-house, .
University, Boston, may unite with Theological Seminary, .
Upton, town of, state tax for, amended, ....
779
484
721
589
652
469
641
780
526
727
Valuation of property of Commonwealth, provided for, . . 505
Venue, change of, in capital cases allowed, .... 693
Vermont and Mass. Railroad Company, allowance for repairing Troy
and Greenfield Railroad, ...... 528
Vermont and Mass. Railroad Company, may lease part of road, . 489
" " " " may use certain railroad, . 601
Visiting Agency, Board of Charities, act 1870 amended, certain re-
turns to, required, ...... 720, 723
Voter, challenge of, at elections, duty of selectmen, . . . 463
w.
Wakefield Real Estate and Building Association, incorporated, . 603
Waltham Bank, charter revived for conveyance of estate, . . 472
Walton, Melia, allowed state aid, ..... 773
War of 1812, rolls of Mass. soldiers, to be obtained, . . . 776
XXXVl
INDEX.
Page
Wareham Bank, charter revived for conveyance of estate, . . 641
Washburn, William, and Son, in favor, ..... 783
Washingtonian Home, in favor, ...... 778
Water, supply for city of Boston, new main pipes from reservoir, . 559
" " " Charlestown, issue of bonds, . 530, 651
" " « Fall River, .509
" " " Lynn, 580
" " " Worcester, additional act, . . . 716
" " for Town of Arlington, ..... 696
" " " Ashburnham, . . . .727
" " " Everett, ..... 578
" " " Lancaster, ..... 652
" " " Leominster, ..... 598
" " " Medford, issue of bonds, . . .472
" " " Northampton, .... 444
" " " Winchester, 650
" " " Westfield, 491
" " " Woburn, ..... 648
Water Company, Arlington Lake, certain powers granted to, . 596
" " Ashburnham, incorporated, .... 727
Water Power Company, Boston, may increase estate, . . 577
Water-rights, purchase of by city of Salem, .... 564
Water Works, Westfield, incorporated, ..... 491
Weetamoe Mills, in Fall River, incorporated, .... 466
" " " may build wharf, . . .471
Wellesley Congregational Society in Needham, may sell estate, . 616
Wenham Lake, penalty for bathing in, . . . . . 478
West Boston and Cragie Bridges, relating to, . . . . 600
West Roxbury and Boston, may improve Stony Brook, . . 671
West Stockbridge Railroad Company, concerning, . . . 632
Westfield Water Works, incorporated, ..... 491
Westport, town of, allowance to for state aid, .... 775
Wharf in Beverly, David Crowell may extend, .... 574
" Boston, city may build, ..... 611
" Boston, Harris's, A. W. Mann may extend, . . . 471
" " Long, incorporation of proprietors, . . 516
" " Rowe's, extension authorized, . . . 610
" Cambridge, Harvard College may extend, . . 520, 657
" East Boston, Henry Mayo and Company may extend, . 609
" Fall River, Weetamoe Mills may build, . . . 471
" Falmouth, construction authorized, .... 613
" Newburyport, Amos W. Mooney may extend, . . 697
" Rockport, Pigeon Hill Granite Company may build, . 587
" Somerset, Coopei-ative Foundry Company may extend, . 439
" South Boston, city of Boston may build, . . . 611
" Weymouth, Henry Gardner may extend, . . . 625
" Winthrop, Samuel Ingalls may build, . . • 478
" " William B. Belcher may build, . . .576
INDEX.
IXXVll
Wharf Company, Duxbury, incorporated, . . • .
" " Falmouth Heights, incorporated,
" " Nickerson's, charter amended,
Wharves in Boston crossed by Atlantic Avenue, extension, .
" in Boston Harbor, erection, ....
White, Joel, deeds by guardians of children of, made valid, .
Widow, rights of, in estate of deceased husband,
Williamsburg Reservoir Company, reservoirs, estate, .
Winchester, town of, supply of water for,
Winchester Savings Bank, incorporated,
Winnisimmet Congregational Society, in Chelsea, name changed,
" Ferry Company, may take land to widen slip, .
Winthrop Railroad, time for locating and constructing,
Winthrop, William, trustees under will of, may sell estate, .
Witnesses before special committee on state police, to protect,
Woburn, town of, supply of Water for, .
WoUaston Hotel Company in Quincy, incorporated,
Women, married, actions of Tort by and against,
Women, New England Hospital for, estate,
" " " aid to,
" Springfield Home for, in aid, .
" State Prisons for, expediency of establishing,
Women's Economical Garden Homestead League, incorporated,
Worcester, city of, may lay out and extend certain streets, .
" " election of mayor, . .
" " establishment of city hospital,
" " establishment of Normal School in,
" " land damages in, assessment, . .
" " sewers and drains in, additional concerning,
" " union passenger station, removal of railroad
tracks, etc.,
" " supply of Water for, additional act,
Worcester Choral Union, incorporated, .
" County Commissioners, may borrow money,
" County Mechanics' Association, estate, debts of,
" First District Court, Southern, established,
" Gas Light Company, may increase capital,
" Manufacturers' Mutual Insurance Co., may insure out of
state,
" " " « in favor,
Worcester and Nashua Railroad Company may hire Nashua and
Rochester Railroad, ....
Worcester and Nashua Railroad Company, union passenger station
at Worcester, .......
Worcester South-East Agricultural Society, annual meeting,
Woronoco Savings Bank, in Westfield, incorporated, .
Wrentham and Norfolk, line between defined, .
62
Pago
489
613
469
605
668
782
571
603
660
477
519
561,680
720
784
490
648
496
655
661
771
772
784
661
788
429
671
787
592
700
673
716
528
770
680
761
453
582
787
602
673
533
595
571
xxxviii INDEX.
Y.
Yacht Club. Eastern, incorporated, ..... 437
Yerriiitou, James M. W., in favor, • • • . * 771
Young Men's Christian Association of Fitchburg, incorporated, . 495
z.
Zoology, Musenm of, allowance to, .... , 733