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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. 


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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