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




imr 



ACT 



RE S LYE 



PASSED BY THE 



^juttetal imti sf jiu$u\mtiU, 



IN THE TEAR 



1 8 7S, 

TOGETHER WITH 

THE CONSTITUTION, THE MESSAGES OF THE GOVERNOR, 

LIST OF THE CIVIL GOVERNMENT, CHANGES 

OF NAMES OF PERSONS, 

Etc., Etc., Etc. 



PUBLISHED BY THE 

SECRETARY OF THE COMMONWEALTH. 




BOSTON: 

V/RIGHT & POTTER, STATE PRINTERS, 
79 Milk Street (corner of Federal). 

1872. 



A CONSTITUTION 

OB 

FORM OF GOVERNMENT 

FOR THE 



PREAMBLE. 

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

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



CONSTITUTION. 

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



PART THE FIRST. 



therein. 



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

Equality and Art. I. All men are horn free and equal, and have cer- 
of ai[meiK ^^ tain natural, essential 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. 
Right and duty II. It is the right as well as the duty of all men in society, 
gious^worsh^. publicly, and at ^stated seasons, to worship the Supeeme 
Being, the great Creator and Preserver of the universe. 
Protection And uo subjcct shall be hurt, molested or restrained, in his 
^ person, 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, [TIL* As the happiness of a people, and the good order and preserva- 

"^t't^rtf^"*^' **'*^'^ '~'^ ^^^^^ government, essentially dejjend 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- *^°"^ '^^ piety, religion and morality ; Therefore, to promote their happi- 

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

compel pro- ^{jg people of this Commonwealth have a right to invest their legislature 

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

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

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

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

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

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

voluntarily. 

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



CONSTITUTION. 5 

And the people of this Commonwealth have also a right to, and do, and to enjoin 
invest their legislature with authority to enjoin upon all the subjects an ^i^gjeQQ^*'^ 
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 s^'ureV^^*^*^^"^^ 
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 whomparo- 
applied to the support of the public teacher or teachers of his own religious be paid, unless, 
sect or denomination, provided there be any on whose instructions he &<=• 
attends ; otherwise it may be paid toward the support of the teacher or 
teachers of the parish or precinct in which the said moneys are raised. 

And every denomination of Christians, demeaning themselves peace- AH denomina- 
ably, and as good subjects of the Commonwealth, shall be equally under n°otected^^'^ 
the protection of the law : and no subordination of any one sect or denom- subordiuation 

ination to another shall ever be established by law.] of one sect to 

■' -" another pro- 

hibited. 

IV. The people of this Commonwealth have the sole and Right of self- 
exclusive right of governing themselves as a free, sovereign femreo^^^^ 
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 Accountability 
derived from them, the several magistrates and officers of &cf^ oncers, 
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- putfiiVbeing 
sive privileges, distinct from those of the community, than pecu*i?arprM-*^ 
what arises from the consideration of services rendered to leges, heredi- 
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 happiness of the people ; of"^opie to m- 
and not for tlie profit, honor or private interest of any one c"an**e1t^ 
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 tionln"offlce°.**" 
at such periods and in such manner as they shall establish 



CONSTITUTION. 



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



Eight of protec- 
tion and duty 
of contribution 
correlative. 



Taxation 
founded on con- 
sent. 



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

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



Prosecutions 
regulated. 



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



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

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

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

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

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

And the legislature shall not make any law that shall sub- 
ject any person to a capital or infamous punishment, except- 
ing for the government of the army and navy, wifliout trial 
by jury. 



CONSTITUTION. 7 

XIII. In criminal prosecutions, the verification of facts, Crimes to be 
in the vicinity where they happen, is one of the greatest vidnlt/.'^ 
securities of the life, liberty and property of the citizen. 

XIV. Every subject has a right to be secure from all aSizurere?. 
iinreasonable searches and seizures of his person, his houses, uiated. 

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

XV. In all controversies concerning property, and in all j^/rf'sacrtdfex^ 
suits between two or more persons, except in cases in which <=ept' &<=. 

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 Right to keep 
for the common defence. And as, in time of peace, armies standing ar^^' 
are dangerous to liberty, they ought not to be maintained ™jgf MuffJry 
without the consent of the legislature ; and the military p?wer subor- 
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- Moral quaiiflca- 
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 irorai obh-ga- 
and magistrates, an exact and constant observance of them, ^vers°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- Right of people 
able manner, to assemble to consult upon the common good ; resentluvis'^'^^ 
gi"ve instructions to their representatives, and to request of fegl^ature.'^ 
the legislative body, by the way of addresses, petitions or 



8 CONSTITUTION. 

remonstrances, redress of the wrongs done them, and of the 
grievances they suffer. 
Power to BUS- XX. The powcr of suspending the laws, or the execution 
ortoeVexecu- of the laws, ought ncvcr to be exercised but by the legisla- 
**°°* ture, or by authority derived from it, to be exercised in such 

particular cases only as the legislature shall expressly pro- 
vide for. 
Freedom of de^ XXI. The freedom of deliberation, speech and debate, in 
reason thereof, either housc of 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. 
Frequent^ses- XXII. The legislature ought frequently to assemble for 
jects thereof, the rcdrcss of gricvauccs, for correcting, strengthening and 
confirming the laws, and for making new laws, as the com- 
mon good may require, 
fb^did^ncon- ^^III. No subsidy, charge, tax, impost or dutics, 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. 
Eoc^post facto XXIV. Laws made to punish for actions done before the 
hibited. existcncc 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 subjcct ouglit, in any case, or in any time, to 
treason, &c. be declared guilty of treason or felony by the legislature. 
Excessive bau XXVI. No magistrate or court of law shall demand 

or lines, and . , ., " . . ' ji • n • j. 

cruel punish- exccssivc bail or surctics, impose excessive tines, or milict 

meuts prohib- i i • i , 

ited. cruel or unusual punishments. 

^uarteri^di^n ^^ XXVII. In time of pcacc, no soldier ought to be quar- 
any house, un- tercd ill any house without the consent of the owner ; and in 
less, &c. ^.^^^ ^^ ^^^^ g^^j^ quarters ought not to be made but by the 

civil magistrate, in a manner ordained by the legislature. 

em^lffro^iaw- XXVIII. No pcrson 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. 

"^reme^udiciai 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 independent as the 

T^^^'^e of their \q\^ ^f 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 dfclfu^ami leg- 
judicial powers, or either of them : the executive shall never memsf ^'^^"*^' 
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 SEC OND. 

The Frame of Government. 

The people, inhabiting the territory formerly called the Title of 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, 

Section I. 
The General Court 

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

The legislative body [shall assemble every year on the see amend- 
last Wednesday in May, and at such other times as they °'^''*'' ^*' ^' 
shall judge necessary ; and shall dissolve and be dissolved on 
the day next preceding the said last Wednesday in May ; and] 
shall be styled. The General Court 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. But if he have any 



10 



CONSTITUTION. 



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



See amend- 
ments, Art. I. 



General court 
may constitute 
judicatories, 
courts of rec- 
ord, &c. 



Courts, &c., 
may administer 
oaths. 



General court 
may enact laws, 
&c., 



not repugnant 
to the constitu- 
tion ; 



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

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

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

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



CONSTITUTION. 11 

and settle annually, or provide by fixed laws, for the naming ^^^J^Fll^^l^^lf 
and settling, all civil officers within 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 officers of this Commonwealth, and the 
forms of such oaths, or affirmations as shall be respectively 
administered unto them for the execution of their several 
offices and places so as the same be not repugnant or con- 
trary to this constitution ; and to impose and levy propor- 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 aad 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 protection, &c'. 
governor of this Commonwealth, for the time being, with the 
advice and consent of the council, for the public service, in 
the necessary defence and support of the government of the 
said Commonwealth, and the protection and preservation of 
the subjects thereof, according to such acts as are or shall 
be in force within the same. 

And while the public charges of government, or any part valuation of es- 
thereof, shall be assessed on polls and estates, in the manner ten^yewsfaT 
that has hitherto been practised, in order that such assess- least, wiiiie, &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. 

jSenate. 

[Art. I. There shall be annually elected, by the freeholders and Senate, number 
other inhabitants of this Commonwealth, qualified as in this constitution ^^h^ni*^elected 
is provided, forty persons to be councillors and senators, for the year 
ensuing their election ; to be chosen by the inhabitants of the districts, see amend- 
into which the Commonwealth may, from time to time, be divided by the ments, Arts, 
general court for that purpose : and the general court, in assigning the xxii! '^ 
numbers to 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, until, 
&c. 

See 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 thir- 
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 form one district for that purpose,) 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.] 



Maimer and 
time of choos- 
ing senators 
and councillors. 

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



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



Word "inhabi- 
tant" deflned. 



Selectmen to 
preside at town 
meetings. 



Eeturn 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- 
monwealth, of the annual income of three pounds, or any 
estate of the value of sixty pounds, shall have a right to give 
in his vote for the senators for the district of which he is an 
inhabitant.] And to remove all doubts concerning the mean- 
ing of the word " inhabitant," in this constitution, every 
person shall be considered as an inhabitant, for the purpose 
of electing and being elected into any office or place within 
this State, in that town, district or plantation where he 
dwelleth or hath his home. 

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



CONSTITUTION. 13 

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

And the inhabitants of plantations unincorporated, quali- unincorporated 
fied as this constitution provides, who are or shall be plantations, 

-, -, • -I , J J 1 1 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 "e^e'^amlnd- 
April,] at such place in the plantations, respectively, as the ments. ^rt- x. 
assessors thereof shall direct ; which 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 senators, in the 
town where they shall be assessed, and be notified of the 
place of meeting, by the selectmen of the town where they 
shall be assessed, for that purpose, accordingly. 

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

^ council to €X" 

[on the last Wednesday in May,] annually, the governor, amine and 
with five of the council, for the time being, shall, as soon as and^issue^BuV 
may be, examine the returned copies of such records ; and »"o°sea, 
fourteen days before the said day, he shall issue his summons see am^d- 
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.] 

IV. The senate shall be the final judge of the elections, flnaf„j°^f 
returns and qualifications of their own members, as pointed elections, &c., 
out in the constitution ; and shall, on the said [last Wednes- bers!°^"™^™' 
day in May,] annually, determine and declare who are elected 

by each district to be senators, [by a majority of votes : and ^^g^^fg'^l^fg ^^ 
in case there shall not appear to be the full number of sena- xiv. and 
tors returned, elected by a majority of votes, for any district, ^^^^"^• 
the deficiency shall be supplied in the following manner, 



14 



CONSTITUTION. 



Vacancies, how 
filled. 



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



Senate not to 
adjourn more 
than two days. 



Shall choose its 
officers 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.] 

y. 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 : but the party so convicted shall 
be, nevertheless, liable to indictment, trial, judgment and 
punishment, according to the laws of the land. 

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



CONSTITUTION. 15 

CHAPTER I. 
Section III. 

House of Hepresentatives. 

ARt. I. There shall be, in the legislature of this Com- Representation 
monwealth, a representation of the people, annually elected, *^^ ^'^•^ p^°p^^- 
and founded upon the principle of equality. 

[II. And in order to provide for a representation of the citizens of Representa- 
this Commonwealth, founded upon the principle of equality, every cor- ciiose'n'^ whom 
porate town, containing one hundred and fifty ratable polls, may elect 
one representative ; every corporate town, containing three hundred and ^^® amend- 
seventy-five ratable polls, may elect two representatives ; every corporate xn. \in.^and 
town, containing six hundred ratable polls, may elect three representa- -iXI. 
tives ; and proceeding in that manner, making two hundred and twenty- 
five ratable polls the mean increasing number for every additional repre- 
sentative. 

Provided, nevertheless, that each town now incorporated, not having Proviso as to 
one hsndred and fifty ratable polls, may elect one representative ; but no lesl'thaif i"o^ 
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 Towns liawe 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 Expense of 
returning home, once in every session, and no more, shall an^dfrom^the 
be paid by the government, out of the public treasury, to uowpaid?"'^'' 
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'rf "^resent- 
be chosen by written votes ; [and, for one year at least next ative. 
preceding his election, shall have been an inhabitant of, and nfe^ntTArts. 
have been seized in his own right of a freehold of the value an"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;e, and resident Qualifications 
in any particular town in this Commonwealth, for the space of one year *^^ ^ voter. 
next preceding, having a freehold estate within the same town, of the See amend- 
annual income of three pounds, or any estate of the value of sixty pounds, yir^H'-v^'^'^'fi 
shall have a right to vote in the choice of a representative or representa- xxill. ^^ 
tives for the said town.] 



16 



CONSTITUTION. 



Kepresenta- 
tives, when 
ohosen. 
Kee amend- 
ments, Arts. '. 
iind 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 ofii- 
ccrs and estab- 
lish its rules, 
&c. 

May puni.sh for 
certain of- 
fences. 



Privileges of 
members. 



Senate. 

Governor and 
council may 
punish. 

General limita- 
tion. 



Trial may be by 
committee, or 
titherwise. 



[V. The members of the bouse of representatives sball be 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 

CHAPTEK II. 

EXECUTIVE POWEE. 

Section I. 

Governor. 

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

LENCY. 

II. The governor shall be chosen annually ; and no per- J^nu^j^if'"^^"^ 
son shall be eligible to this office, unless, at the time of his Qualifications, 
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 mTm'srArt' 
Christian religion.] ^^^* 

rill. Those persons who shall be qualified to vote for senators and -^^ ^.5°"^ P^^' 
L . I.,., , '■ n 1 ■ r, 11111 sen, if he have 

representatives, -within the several towns of this Commonwealth, 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 araend- 
preside at such meetings ; and the town clerk, in the presence and with Jj^'^v ' xiv' 
the assistance of the selectmen, shall, in open town meeting, sort and and XV. 
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 sherifi" of the county, thirty days at least before the last Wednesday 
in May ; and the sheriff shall transmit the same to the secretary's office, 
seventeen days at least before the said last Wednesday in- May ; or the 
selectmen may cause returns of the same to be made, to the office of the 
secretary of the Commonwealth, seventeen days at least before the said 
day ; and the secretary shall lay the same before the senate and the house 
of representatives, on the last Wednesday in May, to be by them exam- 
ined ; and in case of an election by a majority of all the votes returned, 
the choice shall be by them declared and published ; but if no person shall Wow cho.sen, 
have a majority of votes, the house of representatives shall, by ballot, elect has^a majority? 
two out of four persons, \yho 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 povtct 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 



18. CONSTITUTION. 

council, for the ordering and directing the affairs of the 

Commonwealth, agreeably to the constitution and the laws 

of the land. 

ploro^ue the °'' ^- '^^^^ govcmor, with advice of council, shall have full 

general court powcr and autlioritv, 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- 

mente^A°rt'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 governoi' shall dissolve the said general court on the day next 

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

Governor and YJ. i^ cascs of disagreement between the two houses, 

council may ad- ., - 9 ,. .„,.' 

joura the gen- With regard to the necessity, expediency or time oi adjourn- 
casesT&c./but mcut or prorogation, the governor, with advice of the coun- 
nhiM^'day"^ cil, shall liave a right to adjourn or prorogue the general 
court, not exceeding ninety days, as he shall determine the 
public good shall require. 
Mm^nd *°''^ Yll' The governor 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 the special defence and safety of the Commonwealth, 
. to assemble in martial array, and put in warlike posture the 
inhabitants thereof, and to lead and conduct them, and with 
, them, to encounter, repel, resist, expel and pursue, by force 
of arms, as well by sea as by land, within or without the 
limits of this Commonwealth, and also to kill, slay and 
destroy, if necessary, and conquer, by all fitting ways, enter- 
prises and means whatsoever, all and every such person and 
persons as shall, at any time hereafter, in a hostile manner, 
attempt or enterprise the destruction, invasion, detriment or 
annoyance of this Commonwealth ; and to use and exercise, 
over the army and navy, and over the militia in actual ser- 
vice, the law martial, in time of war or invasion, and also in 
time of rebellion, declared by the legislature to exist, as 



CONSTITUTION. . 19 

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

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

VIII. The power of pardoning offences, except such as ^omfc'ii°ma'^'' 
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 &c.*^®^' ^^''^p*^' 
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 or particular expressions contained therein, descriptive 
of the offence or offences intended to be pardoned. 

IX. All judicial officers, [the attorney-general, the solici- ^VV &c'^*f o'^f ' 
tor-general, all sheriffs,] coroners [and registers of probate,] nom'inaterf- and 
shall be nominated and appointed by the governor, by and siramlnd- 
with the advice and consent of the council ; and every such xiv^fxviL 
nomination shall be made by the governor, and made at and xix. 
least seven days prior to such appointment. 

X. The captains and subalterns of the militia shall be jviiiitia 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 now commis- 
governor, who shall determine their rank. 

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



20 CONSTITUTION. 

Major-generals, The maior-ffenerals shall be appointed by the senate and 

and commis- housG of representatives, each having a negative upon the 

sioned. Other ; and be commissioned by the governor. 

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

&o. ' ^" '^^^ ' 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. 

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

commissioned, removed from his office, but by the address of both houses to the governor, 
See amend- or by fair trial in court-martial, pursuant to the laws of the Commonwealth 
ments, Art, IV. for the time being.] 

A(^utants, &c., The Commanding officers of regiments shall appoint their 

ow appointe . g^^j^^g^^^g g^j^^j quartermasters ; the brigadiers their brigade- 

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



eral 



shall appoint the adjutant-general. 



Arjny officers, The govemor, with advice of council, shall appoint all 

ow appoin e . Qig^Qpg q^ ^\^q continental army, whom by the confederation 

of the United States it is provided that this Commonwealth 

shall appoint, — as also all officers of forts and garrisons. 

Organization of Th6 divisions of the militia into brigades, regiments and 

miiitia. 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. 

Money, how XI No moncys shall be issued out of the treasury of 

tre'klury^Si- ^ tliis Commonwcaltli and disposed of, (except such sums as 

cept, &c. j^gy. |3Q 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. 

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

cei^ to'^mLke^' intending officers of public magazines and stores, belonging 

turns!''^ '^^' ^'^ t^^i^ 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- 
manding officer shall exhibit to the goveriwDr, 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 tlie 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 fjg|fg'"'fs°*^-'"^' 
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 tobe 

' GnlHrsTGd II in* 

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 Itie^anTquafi- 
shall be — His Honor ; and who shall be qualified, in point fi*'^*^°"''- 
of religion, property, and residence in the Commonwealth, nfenfs^Art's. 
in the same manner with the governor; and the day and aud'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, in case, &c. 



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

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

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



CHAPTER II. 



Section III. 



Council. 

See amend- 
ments, Art. 
iVI. 



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

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

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

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

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

nave more tlian (jjstrict in this Commonwealth.] 



Number; from 
whom, an^J how 
chosen. 

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



Senators be- 
coming council- 
lors, seats va 
cated 

Kank of coun- 
cillors. 



CONSTITUTION. 23 

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

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

VI. Whenever the office of the governor and lieutenant- councutoexer- 

ini ,1 r- -I L^ ^ cise the power 

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

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

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

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

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

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

of them, were personally present. 

[VII. And whereas the elections appointed to be made by this consti- Elections may 
tution on the last Wednesday in May annually, by the two houses of the untif''&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 Arts°xvi?^(i 
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, t&c. 

Akt. 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 mentT' Arts 
and representatives, in one room.] And, that the citizens of iv. an'dxvii. 
this Commonwealth may be assured, from time to time, that Jfbie^for m?ri^* 
the moneys remaining in the public treasury, upon the set- than five sue- 

•^ ' 1 C6SS1V6 VGflrS 

tlement and liquidation of the public accounts, are their 
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, toTtt'end'^the 
for whose conduct he shall be accountable.; and he shall founcS°&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 
during good be- 
havior, except, 
&c. 

May be remov- 
ed on address. 



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



Justices of the 
peace ; tenure 
of their office. 



Provisions for 
holding probate 
courts. 



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



JUDICIARY POWER. 

Art. I. The tenure that all commission officers shall by 
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. 

IV. 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 

CHAPTEE V. 

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

Section I. 
The Uhiversity. 

Art. I. Whereas our wise and pious ancestors, so early Harvard coi- 
as the year one thousand six hundred and tliirty-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, prm- 
President and Fellows of Harvard College, in their thl^pre1ide°ni 
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. 

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

.T-i-^-i 11^ and conveyan» 

grants, devises, legacies and conveyances, are hereby lorever 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- ed by general * 
sand six hundred and forty-two, the governor and deputy- co"rtof i642. 
governor, for the time being, and all the magistrates of that 
jurisdiction, were, with the president, and a number of the 
clergy in the said act described, constituted the overseers of 



26 



CONSTITUTION. 



Overseers es- 
tablished by 
constitution. 



Power of alter' 
ation reserved 
to the legisla- 
ture. 



Harvard College ; and it being necessary, in tliis 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, Roxbury and Dorchester, 
mentioned in the said act, shall be, and hereby are, vested 
with all the powers and authority belonging, or in any way 
appertaining, to the overseers of Harvard College : provided, 
that 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 II. 

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 
Creation in the various parts of the country, and among 
the different orders of the people, it shall be the duty of 
legislatures and magistrates, in all future periods of this 
Commonwealth, to cherish the interests of literature and 
the sciences, and all seminaries of them ; especially the uni- 
versity at Cambridge, public schools, and grammar schools 
in the towns ; to encourage private societies, and public 
institutions, rewards and immunities, for 'the promotion of 
agriculture, arts, sciences, commerce, trades, manufactures, 
and a natural history of the country ; to countenance and 
inculcate the principles of humanity and general benevo- 
lence, public 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 ; COMRUH- 

siONS ; WRITS ; confirmation of layv^s ; habeas corpus ; 

■ THE enacting STYLE ; CONTINUANCE OF OFFICERS ; PROVISION 
FOR A FUTURE REVISAL OF THE CONSTITUTION, &C. 

Art. I. [Any person chosen governor, lieutenant-governor, councillor, Declaration of 
senator or representative, and accepting the trust, shall, before he proceed executive and 
to execute the duties of his place or oJ3ice, make and subscribe the follow- eels. ^ ^^ ° * 
ing declaration, viz. : 

" I, A. B., do declare that I believe the Christian religion, and have a me^nfa°Arf 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 tfafi 
time being.] 

And every person chosen to either of the places or ofBc^ Declaration ana 

n •11 -ii ••-ij. oaths of all offi- 

aioresaid, 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 SSBfl See amend- 
declare that the Commonwealth of Massachusetts is, and of i-ight ought to "^^^itS) 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 wliich 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 anj^ 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 amend- [Provided, always, that when any person, chosen or appointed as afore- 

men b, Art. V . said, shall be of the denomination of the people called Quakers, and shall 
decline taking the said oaths, he shall make his afBrmation 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 ojtth, the words "swear and," and in each of them the words, " So 
help me, God ; " subjoining instead thereof, " This 1 do under the pains 
and penalties of perjury."] 

Oaths and af- And the Said oaths or affirmations shall be taken and sub- 
axiministered. scribod 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- U, No govcrnor, lieutenant-governor, or iudge of the 

nc6S DroniDitGd ••• e-'o 

to governor, suprcmc judicial court, shall hold any other office or place, 
&c., except, &c. ^jder the authority of this Commonwealth, except such as 
ments^^t ^^ ^^"^ constitutiou 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 pcrsoii 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, 
imsompatibie No person holding the office of judge of the supreme 
judicial court — secretary — attorney-general — [sohcitor-gen- 
mMifs^Art eral] — treasurer or receiver-general — judge of probate — 
vni. commissary-general — president, professor or instructor of 

Harvard College — sheriff — clerk of the house of representa- 
tives- — register of probate — register of deeds — clerk of the 
supreme judicial court — [clerk of the inferior court of com- 
mon pleas] — or officer of the customs, including in this 



CONSTITUTION. 29 

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

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

And no person shall ever be admitted to hold a seat in Bribery, &c., 
the legislature, or any office of trust or importance under ql^imcation" 
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"erty\uaii- 
silver, at six shillings and eight pence per ounce ; and it ^cations. 
shall be in the power of the legislature, from time to time. m^nts™Art' 
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- 

gpec+mg 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 JecUng writs, 
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, fo°rmer"aSr °^ 
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 bl°s^cor*u8te. 
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 govern- 
ment continued 
until, &c. 



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 there 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 qualified voters of their 
respective towns and plantations, for the purpose of collecting their 
sentiments on the necessity or expediency of revising the constitution, in 
order to amendments. 

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.] 

Provision for XI. This form of government shall be enrolled on parch- 
pubiiJiIiul this meut, and deposited in the secretary's office, and be a part 
constitution, ^f ||-^q \a,w8 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. 



Provision for 
revi.sing consti- 
tution. 

Amendments, 
Art. IX. 



Same subject. 



CONSTITUTION. 31 



ARTICLES OF AMENDMENT. 

A"RT. I. If any bill or resolve shall be objected to, and Bin, &c., not 

npprovGQ with* 

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 iaw,*in'egisia- 
before the governor for his approbation, and thereby prevent the^nftShne" 
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. 

Art. II. The general court shall have full power and General court 
authority to erect and constitute municipal or city govern- ciwter^dtie"^ 
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 
and upwards, (excepting paupers and persons under guar- go7e°rnor, nJu- 
dianship,) who shall have resided within the Commonwealth or°fenatorland 
one year, and within the town or district, in which he may f[^Pfs''^*"\'^pick 
claim a right to vote, six calendar months next preceding sss. ' 
any election of governor, lieutenant-governor, senators or melitT^Arts. 
representatives, and who shall have paid, by himself, or his ^'xx 
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. 



xxiii. 

XXVI. 



32 



CONSTITUTION. 



Notaries public, 
how appointed 
and removed. 



Vacancies in 
tiie offices of 
secretary and 
treasurer, how 
tilled in case, 
&c. 

See amend- 
ments, Art. 
XVII. 

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



Militia officers, 
how remoTCd. 



Art. IV. 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 the office of secretary or treasurer of tlie 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. V. In the clcctions of captains and subalterns of 
and*^subaiterns. 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. VI. 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. VII. 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. 



CONSTITUTION. 33 

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

Art. IX. If, at any time hereafter, any specific and par- Amendments 
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 to the general court then next to be chosen, and 
shall be published ; and if, in the general court next chosen 
as aforesaid, such proposed amendment or amendments shall 
be agreed to by a majority of the senators and two- thirds of 
the 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 "Earned 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 ^i year,^°'^*^" 
May ; and the general court shall assemble every year on 
the said first Wednesday of January, and shall proceed, at 
that session, to make all the elections, and do all the other 
acts, which are by the constitution required to be made and 
done at the session which has lieretofore commenced on the 
last Wednesday of May. And the general court shall be ^F^ termina- 

5 



34 



CONSTITUTION. 



Meetings for 
the choice of 
governor, lieu- 
tenant-govern- 
or, &c., when 
to be held. May 
be adjourned. 
See amend- 
ments, Art. XV. 



Article, when 
to go into oper- 
ation. 



Inconsistent 
provisions an- 
nulled. 



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

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

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

This article shall go into operation on the first day of 
October, next following the day when the same shall be duly 
ratified and adopted as an amendment of the constitution ; 
and the governor, lieutenant-governor, councillors, senators, 
representatives, and all other state officers, who arc 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. 

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



Religious free- 
dom establish- 
ed. 



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

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



CONSTITUTION. 35 

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

[Art. XII. In order to provide for a representation of the citizens of ^,*"^"^, o*" '■^*«' 
this Commonwealth, founded upon the principles of equality, a census of takeifin 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 lejrislature 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 thei'eafter, in the month of May, in manner Kepresenta- 
aforesaid : and each town or city having three hundred ratable polls at the tives, how ap- 
last preceding decennial census of polls, may elect one representative, §ee'''ampQ;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-atabltf poi?g 
decennial census of polls, shall be multiplied by ten, and the product how represent- 
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 
representatives, with any number of polls beyond the necessary number, represented, 
may be represented, as to that surplus nuuiber, by multiplying such sur- 
plus number by ten and dividing the product by four hundred and fifty ; 
and such city or town may elect one additional representative as many 
years, within the ten years, as four hundred and fifty is contained in the 
product aforesaid. 

Any two or more of the several towns and districts may, by consent of Towns may 
a majority of the legal voters present at a legal meeting in each of said r^gentat^ve'^Xs- 
towns 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 representative district, to continue 
until the next decennial census of polls, for the election of a representa- 
tive or representatives; and such districts shall have all the rights, in 



36 CONSTITUTION. 

regard to representation, which would belong to a town containing the 

same number of ratable polls. 

The governor The governor and council shall ascertain and determine, within the 

and council to months of Julyand August, in the year of our Lord one thousand eight 

number of rep- hundred and thirty-seven, according to the foregoing principles, the num- 

resentatives to ber of representatives which each city, town and representative district is 

town is^cnti- entitled to elect, and the number of years, within the period of ten years 

tied. then next ensuing, that each city, town and representative district may 

New apportion- elect an additional representative; and where any town has not a suffi- 

ment to be cient number of polls to elect a representative each year, then, how many 

every ten years, years within the ten years, such town may elect a representative; and 

the same shall be done once in ten years thereafter, by the governor and 

council, and the number of ratable polls in each decennial census of polls 

shall determine the number of representatives which each city, town and 

representative district may elect as aforesaid; and when the number of 

representatives to be elected by each city, town or repi-esentative 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. 

Inconsistent All the provisions of the existing constitution inconsistent with the 

uulieT°"^ "^^' pi'ovisions herein contained, are hereby wholly annulled.] 

Census of in- Art XIII. [A census of the inhabitants of each city and town, on the 

taken'in%*io'"^ ^^^ ^^y °^ May, shall be taken and returned into the secretary's office, 
and deeeniiiuily On or before the last day of June, of the year one thousand eight hundred 
theresitter, for and forty, and of every tenth year thereafter ; which census shall deter- 
sentation.'^^'^' ^line the apportionment of senators and representatives for the term of 
See amend- ten years. 

m^nts, Art. -pjjg several senatorial districts now existing, shall be permanent. The 

Senatorial dis- senate shall consist of forty members ; and in the year one thousand eight 
tricts declared hundred and forty, and every tenth year thereafter, the governor and 
Seeaniend- council shall assign the number of senators to be chosen in each district, 
ments, Art. according to the number of inhabitants in the same, But, in all cases, at 

least one senator shall be assigned to' each district. 
House of repre- The members of the house of representatives shall be apportioned in 
ajipo'rtioifed!'^^ *^^^ following manner: Every town or city containing twelve hundred 
See amend- inhabitants, may elect one representative ; and two thousand four hun- 
m^nts, Art. dred inliabitants shall be the mean increasing number, which shall entitle 

it to an additional representative. 
Small towns, Every town containing less than twelve hundred inhabitants shall be 

^lowrepiesen - gj^i^jj-i^j ^q gJect 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. 
Towns may Any two or more of the several towns may, by consent of a majority of 

resentative"?s- *^*^ '"^S^^ voters present at a legal meeting, in each of said towns, respec- 
tricts. tively, called for that purjiose, and held before the first day of August, in 

the year one thousand eight hundred and forty, and every tenth year 
thereafter, form themselves into a representative district, to continue for 
the term of ten years; and such districts shall have all the rights, in 
regard to representation, which would belong to a town containing the 
same number of inhabitants. 
Basis of repre- The number of inhabitants which shall entitle a town to elect one rep- 
^at'^o^'f''"' ^^^ resentative, and the mean increasing number, which shall entitle a town 
crease. 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 appor'tioif'thc 
which each city, town and representative district is entitled to elect, and number of rep- 
ascertain how many years, within ten years, any town may elect a repre- resentativvjs of 
sentative, which is not entitled to elect one every year ; and the governor in every ten 
shall cause the same to be published forthwith. years. 

Nine councillors shall be annually chosen from among the people at councillors to 
large, on the first Wednesday of January, or as soon thereafter as may be, be chosen from 
by the joint ballot .of the senators and representatives, assembled in one large.^"^'^ ^^ 
room, who shall, as soon as may be, in like manner, fill up any vacancies 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 of councillors, 
election ; and not more than one councillor shall be chosen fi:om any one 
senatorial district in the Commonwealth.] 

No possession of a freehold, or of any other estate, shall ^^limcllion^ 
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 ofiicers by the people Elections by 
of this Commonwealth, whose election is provided for hj the be*by'^piuraiity 
constitution, the person having the highest number of votes of votes. 
shall be deemed and declared to be elected. 

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

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



38 



CONSTITUTION. 



Eligibility dC' 
lined. 



Day and man- 



for the division of the Commonwealth into forty senatorial 
districts, tlien 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, 
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 
preceding his election. The day and manner of the elec- 

nerof election, ^-^j^^ ^^iq 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 
full number of councillors, the vacancies shall be filled in the 
same manner as is required for filling vacancies in the senate ; 
and vacancies occasioned by death, removal from the State, 
or otherwise, shall be filled in like manner, as soon as may 
be after such vacancies shall have happened. And that 
there may be no delay in the organization of the government 
on the first Wednesday of January, the governor, with at 
least five councillors for the time being, shall, as soon as 
may be, examine the returned copies of the records for the 
election of governor, lieutenant-governor, and councillors ; 
and ten days before the said first Wednesday in January he 
shall issue his summons to such persons as appear to be 
chosen, to attend on that day to be qualified accordingly ; 
and the secretary shall lay the returns before the senate and 
house of representatives on the said first Wednesday in Jan- 
uary, to be by them examined ; and in case of the election 
of either of said officers, the choice shall be by them declared 
and published ; but in case there shall be no election of 
either of said officers, the legislature shall proceed to fill 
such vacancies in the manner provided in the constitution 
for the choice of such officers. 



filled. 



Organization 
of the govern' 
mcnt. 



Election of sec- ^rt. XVII. The Secretary, treasurer and receiver-gen- 
er,au(Utorand eral, auditor, and attorney-general, shall be chosen annually, 
aibythepTOple'. on 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 such 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 To qualify with- 

• in ten dtivs otli* 

case any person chosen or appointed to either of the offices erwise otacc to 

aforesaid, shall neglect, for the space of ten 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. XVIIL All moneys raised by taxation in the towns school moneys 
and cities for the support of public schools, and all moneys piied°foi^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 ai*e 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 

/ •/ cj TDrG^criuG for 

law, for the election of sheriffs, registers of probate, comnlis- the election of 
sioners of insolvency, and clerks of the courts, by the people terYol^probate, 
of the several counties, and that district-attorneys shall be &c>bythepeo- 
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 riglit to vote, or be Reading consti- 
eligible to office under the constitution of this Common- ]rsh°aud wru- 
wealth, who shall not be able to read the constitution in the quiiificl'tiou7 
English language and write his name : provided, hov^ever, ^^q°1^q^- 
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 
inhabitlnts,°* town, ou the first day of May, shall be taken and returned 
when taken, ^j^^q ^j^q officc of the Secretary of the Commonwealth, on or 
before the last day of June, in the year one thousand eight 
chapteTso. ^ *' 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 house of representatives shall consist of two hundred 
bers^ rep 1™*^™' aud forty members, which shall be apportioned by the legis- 
apporttonco*^ lature, at its first session after the return of each enumeration 
upon basis of gg aforcsaid, to the several counties of the Commonwealth, 

l6£rH.l 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 
ce?s'^Zutho°r?led of the Secretary of the Commonwealth, to certify, as soon as 
to^divide coun- j^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- 
Meetino; for di- tivc districts. The mayor and aldermen of the city of Bos- 
flrsTTuesday in toD, the couuty commissiouers of other counties than Suffolk, 
August. — Qj, |j^ YiQ^ of the mayor and aldermen of the city of Boston, 

or of the county commissioners in each county other than 
Suffolk, such board of special commissioners in each county, 
to be elected by the people of the county, or of the towns 
therein, as may for that purpose be provided by law, shall, 
on the first Tuesday of August next after each assignment 
of representatives to each county, assemble at a shire town 
of their respective counties, and proceed as soon as may be, 
Proceedings, to divide the samc 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 ^ves^'^''*"'*^' 

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, "c^dbe^'^iiudcei- 

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

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

board, to the secretary of the Commonwealth, the county 

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

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

The manner of calling and conducting the meetings for the 

choice of representatives, and of ascertaining their election, 

sliall be prescribed by law. Not less than one hundred ^emberl'^r'^ 

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. 

Aet. XXII. A census of the legal voters of each city and cen^"^ of ^^t- 
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 senators. 
the number of such legal voters aforesaid, residing in each 
ward of such city. The enumeration aforesaid shall deter- 
mine the apportionment of senators for the periods between 
the taking of the census. The senate shall consist of forty Senate to con- 

mi 1 in • 1 r • n sist 01 40 mem- 

members. The general court shall, at its first session alter bers. 

. . 1. .1 ,• T • 1 J.1 /^ Senatorial dls- 

each next preceding special enumeration, divide the Com- tricts, &c. 
monwealth into forty districts of adjacent territory, each dis- 
trict to contain, as nearly as may be, an equal number of 
legal voters, according to the enumeration aforesaid : pro- Proviso. 
vided, however, that no town or ward of a city shall be 
divided therefor; and such districts shall be formed, as 
nearly as may be, without uniting two counties, or parts of 
two or more counties, into one district. Bach district shall ^"'senators""^ 
elect one senator, who shall have been an inhabitant of this 
Commonwealth five years at least immediately preceding his 



42 



CONSTITUTION. 



Sixteen mem- 
bers a quorum. 



election, and at the time of his election shall be an 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 inhabitant 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 to day, and compel the attendance of absent 
members. 



Residence of 

two years re- 
quired of natu- 
ralized citizen, 
to entitle to 
suffrage or 
malie eligible 
to otBce. 
See amend- 
ment, Art. 
XXVI. 



Vacancies in 
the senate. 



Vacancies in 
the council. 



Twenty-third 
article of 
amendments 
annulled. 



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

Aet. XXIV. Any vacancy in the senate shall be filled by 
election by the people of the unrepresented district, upon the 
order of a majority of 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 naturalization, and shall be 
otherwise qualified, according to the constitution and laws 
of this Commonwealth : provided, that this amendment shall 
not affect the rights which any person of foreign birth pos- 
sessed at the time of the adoption thereof; and provided^ 
further, that it shall not affect the rights of any child of a 
citizen of the United States, born during the temporary 
absence of the parent therefrom," is hereby wholly annulled. 



CONSTITUTION. • 43 



THE FRAMING AND POPULAR ADOPTION OF THE 
CONSTITUTION. 

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

ARTICLES OF AMENDMENT. 

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

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

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

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

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

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

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



44 CONSTITUTION. 

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

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

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



INDEX TO THE CONSTITUTION. 



A. 

Page 

Adjutant-General, how appointed, 20 

Adjutants of Kegiments, 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 Kepresentatives, 15, 35, 36, 37, 40 

" of Senators, 11, 12, 36, 41 

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

Arms, Eight 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. 



0. 

Census of Inhabitants, when and how taken, .... 

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

" of Eatable 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 Eeturns, . 

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, 

" Kevision 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, 

" Eank and Qualifications of Members of, . 

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

" Eesolutions and Advice of, to be recorded, . 

" Vacancies in, how filled, 

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

" Clerks of, how chosen, 

" of Probate. See Probate. 

" of Eecord and Judicatories, the General Court may establish. 
Crimes and OflFences, Prosecutions for, regulated, . . •. . 



22, 



Page 

36,40 

40,41 

35' 

31 

11 

2G 
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 Eights, 4 

Delegates to Congress, how chosen, 24 

" " may be recalled, and others commissioned, 24 

District-Attorneys, how chosen, 39 

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



INDEX TO THE CONSTITUTION. 47 

Page 

Districts, Kepresentative, how formed, 40 

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

E. 

Elections, by Legislature, Order and adjournment of, . . • 23 

" by the People, Plurality of votes to prevail in, . . . 37 

" Freedom of, affirmed, 6 

Election Eeturns, by whom examined, &c., 13, 38 

Enacting Style, established, 30 

Encouragement of Literature, 26 

Enrolment. See Constitution. 

Equality and Natural Rights, recognized, 4 

Estates, Valuation of, when taken, 11 

Executive Power, 17 

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

Ex Post Facto Laws, injustice of, declared, 8 

F. 

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

Fines, Excessive, prohibited, 8 

Freedom of Debate, in Legislature, affirmed, 8 

G. 

General Court, frequent sessions of, enjoined, ..... 8 

" " how formed, 9 

" " may make Laws, Ordinances, &c., .... 10 
« " may provide for the establishing of Civil Officers, . 10, 11 
" " may prescribe the duties of Civil and Military Of- 
ficers, 11 

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

" " may constitute Judicatories and Courts of Record, 10 

" " may charter Cities, ....... 31 

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

Government, Frame of, 9 

" Executive, Legislative and Judicial Departments of, 

limits defined, 9 

" Objects of, 3 

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

Governor, qualifications of, 17, 27, 32 

« Salary of, 21 

« when and how chosen, 17,31,34,37 

« Official Title of, 17 



48 INDEX TO THE CONSTITUTION. 



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

" to be Commander-in-Chief of 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 Members, 16 

" " to choose its own Officers, establish its 

own Rules, &c., 16 

" " may punish Persons not Members, for 

disrespect, &c., 16 

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

" " Quorum of, 16, 41 

" " Menjbers 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 

Paga 

Inliabitauts, 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., 24 

" " 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 heard 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 

" " " " whatotherOfficesmaynotbeheld, 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 Constitution, 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, no* 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. 



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, Kegiments 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 Eeligious sects, 39 

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

N. 

Notaries Public, how chosen, 23 

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

0. 

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

" « Official, Forms of, 27, 32 

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

Oaths, Affirmations substituted, in behalf of Quakers, . , . 28,32 
Ofifences. See Crimes and Oflences. 

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 

of, 10 

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

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

Officers and Magistrates, accountability of, 5 

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

« " how removed, . 20, 32 



INDEX TO THE CONSTITUTION. 61 



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, .... 19 

People, Right 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, 2i 

" Legislative, 9 

Press, Liberty of, essential to Freedom, 7 

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

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

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

^' Registers of, how appointed, 19 

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

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

" " " partially abolished, ... 31 

Prosecutions for Crimes and Ofifences, 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, 21,89 

" 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 



62 INDEX TO THE CONSTITUTION. 

Page 

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, 35 

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

" " Towns having less than 150, how represented, . . 15 

Reading and Writing, necessary to enable Persons to Vote or hold 

Office, 39 

Eegister 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., . . 6, 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. 

Retui'ns, 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 

Secretaxy of the Commonwealth, how chosen, 23, 38 

" " " qualifications of, ... • 39 

" Duties of, 23, 39 

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

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

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

Self-government, Right of, asserted, 5 

Senate, 11 

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



INDEX TO THE CONSTITUTION. 



53 



Page 

Senate, Members shall be sworn preliminary to trial of Impeach- 
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 Ofllcers, and establish its own Eules, . 14 

" shall try Impeachments, 14 

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

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

Senators, apportionment of, 11,36,41 

" Oaths and Affirmations, how taken and subscribed by, . 28 
Senatorial Disti-icts. See Districts. 

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

Sherifis, 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 

" Judicial Court, Tenure.of Offiice 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 Oflice of, how filled. 

Trial by Jury, Eight 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 



54 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, 14 

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 
" Eeturns of, by whom made, examined, &c., . . .12, 13, 17, 38 

w. 

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

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

Y. 

Year, Political, when to begin and end, 33 



^fncral Statutes m\ti special %tis 



MASSACHUSETTS. 



1872. 



1^ The General Court of 1872 assembled on Wednesday, the third 
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 B. Washburn and His 
Honor Joseph Tucker, on Friday, the fifth day of January, in the 
presence of the two Houses assembled in convention. 



ACTS, 



'9 

GEI^EEAL AKD SPECIAL 



An Act to authorize the Cambridge gas light company to in- QJi^y) 1 

CREASE its capital STOCK. ■» * 

Be it enacted by the Senate and House of Representatives in General Court 
assembled^ and by the authority of the same, as follows : 

The Cambridge Gas Light Company may increase its cap- $500,000 acuii- 
ital stock to an aniount not 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. Approved January 27, 1872. 

An Act to amend the charter of the otis company. Chop. 2. 

Be it enacted, Sfc, as follows: 

Chapter three of the acts of the year eighteen hundred Maymanufact- 
and forty, being an act to incorporate the Otis Company, is woolen and 
hereby so amended that the said company may carry on the other goods. 
manufacture of cotton, woolen, silk and linen goods and 
machinery, in the towns of Ware and Palmer ; and hold real Keai estate, 
estate in Hampshire, Hampden, and Worcester counties, for 
said purposes, not exceeding the sum of eight hundred 
thousand dollars in all ; and increase its capital stock to a 
sum not exceeding twelve hundred thousand dollars in all. 

Approved January 27, 1872. 

An Act making appropriations for the maintenance of the (JJiap. 3. 

government for the present year. • " 

Be it enacted, §'c., as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury, 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-two, to wit :— 



tions. 



1872.— Chapter 3. 



Qerk. 



Assistant clerk. 



Eeporter. 



Expenses. 



SUPREME JUDICIAL COURT. 

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

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

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

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



Chief justice. 



Associate jus- 
tices. 



Judge for Suf- 
folk. 

Middlesex, 

Worcester, 

Essex. 

Norfolk. 

Bristol. 

Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 

Franklin. 

Barnstable, 

Nantucket. 

Dukes County. 



SUPERIOR COURT. 

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

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

COURTS OF PROBATE AND INSOLVENCY. 

For the salary of the judge of prol^ate and insolvency for 
the county of Suffolk, four thousand dollars. 

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

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

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

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

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

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

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

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

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. 



1872.— Chapter 8. 5 

For the salary of the register of probate and insolvency Register for 
for the county of Sntfolk, three thousand dollars 

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

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

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

For the salary of the register of probate and insolvency Korfoik. 
for the coujity of Norfolk, one thousand iivc hundred dollars. 

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

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

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

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

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

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

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

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

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

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

For the 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 
hundred 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. 



1872.— Chapter 3. 



Expenses of 
courts. 



Attorney and 
clerk lor Suf- 
folk. 



Assistant attor- 
ney for Suffolk, 

Attorney for 
Eastern dis- 
trict. 

Northern dis- 
trict. 

Southern dis- 
trict. 

Middle district, 



South-eastern 
district. 



Western dis- 
trict. 



North western 
district. 



solvency for the county of Norfolk, one thousand one hun- 
dred dollars. 

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

DISTRICT-ATTORNEYS. 

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

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

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

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

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

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

For the salary of the attorney for the south-eastern dis- 
trict, one thousand five hundred dollars. 

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

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



Justice — 
Cambridge. 

Charlestown. 

Chelsea. 

Chicopee. 

Fall Kiver. 

Fitchburg. 

Gloucester. 

Haverhill. 

Holyoke. 



POLICE COURTS. 

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

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

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 Fitch- 
burg, one thousand three 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 Holy- 
oke, one thousand six hundred dollars. 



1872.— Chapter 3. 7 

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

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

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

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

For the salary of the justice of the police court in Mil- Miifoid. 
ford, one thousand six hundred dollars. 

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

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

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

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

For the salary of the justice of the police court in Will- wiuiamstown. 
iamstown, three hundred dollars. 

For the salaries of the clerks of the police courts, exclu- Salaries of 
sive of clerks elected under cliapter one hundred and sixteen 
of the General Statutes, to wit : 

For the salary of the clerk of the police court in Cam- Cambridge, 
bridge, one thousand dollars. 

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

For the salary of the clerk of the police court in Fall ^'^^^ ^^^^'• 
River, one thousand dollars. 

For the salary of the clerk of the police court in Fitch- Fitchburg. 
burg, five hundred dollars. 

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

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

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

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

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

For the salary of the clerk of the police court in New- Newburyport. 
buryport, six hundred dollars. 

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



1872.— Chapter 4. 



Justices in 
Boston. 

Clerk for crimi- 
nal business. 

Justice for 
Souiliern dis- 
trict. 



Clerk. 



Justice of Dor- 
chester district. 



Justice in 

Taunton. 



Clerk. 



Justice in Wor- 
cester. 



Clerk. 



MUNICIPAL COURTS. 

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

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

For the salary of the justice of the municipal court for the 
southern district of Boston, two thousand five hundred dol- 
lars. 

For the salary of the clerk of the municipal court for the 
southern district of Boston, one thousand five hundred dol- 
lars. 

For the salary of the justice of the municipal court of the 
Dorchester district in Boston, one thousand two hundred 
dollars. 

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

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

For the salary of the justice of the municipal court in 
Worcester, two thousand dollars. 

For the salary of the clerk of the municipal court in 
Worcester, one thousand two hundred dollars. 



Justice for Cen- 
tral Berkshire. 



Clerk. 



Justice for 
Northern Berk- 
shire. 
Cl'jrk. 



Justice for 
Southern Berk- 
shire 
Clerk. 



Justice for 
Southern Wor- 
cester. 



Cliap. 4. 



Appropria- 
tions. 



DISTRICT COURTS. 

For the salary of the justice of the district court for cen- 
tral Berkshire, one thousand six hundred dollars. 

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 
northern Berkshire, one thousand two hundred dollars. 

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

For the salary of the justice of the district court for 
southern Berkshire, one thousand two hundred dollars. 

For the salary of the clerk of the district court for south- 
ern Berkshire, three hundred dollars. 

For the salary of the justice of the district court, of 
southern Worcester, one thousand two hundred dollars. 

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

Approved January 29, 1872. 

An Act in addition to an act making appropriations for the 

maintenance of the government during the present year. 
Be it enacted, S)'c., as follotcs : 

Section 1. The sums hereinafter mentioned are appro- 
priated, to be paid out of the treasury, from the ordinary 



1872.— Chapter 4. 9 

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 eighteen hundred 
and seventy-two, to wit : 

LEGISLATIVE DEPARTMENT. * 

For the salaries of the clerks of the senate and house of cicrics of sen- 

_ , Till I'te and House. 

representatives, live thousand dollars. 

For the salary of the sergeant-at-arms, two thousand live scrgeant-at- 
hundrcd dollars. ^'^'^^' 

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

For the compensation of the clerk of the joint standing cierkofcom- 
committee on railways, at the rate provided by law for extra way^*^ ""^ '^''* ' 
clerks employed in the state house, a sum not exceeding 
five hundred dollars. 

EXECUTIVE DEPARTMENT. 

For the mileage and compensation of the lieuten ant-go v- Lieut-governor 
ernor and council, a sum not exceeding twelve thousand ^"^^ <'°"'^*='^- 
dollars. 

For the compensation of the private secretary of the gov- Private secre- 
ernor, two thonsand dollars, ^^'^^' 

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

For the compensation of the assistant- messenger of the Assistant mes- 
governor and conncil, eight hundred dolla.s. scuger. 

For expenses of the executive department, as authorized Department 
by ciiapter two hundred and fifty of the acts of the year '^•''P'^"^'^^" 
eighteen hundred and seventy, a sum not exceeding five 
thousand dollars. 

For such clerical assistance as the governor may find clerical assist- 
necessary under the provisions of chapter fifty-six of the 
resolves of eighteen hundred and seventy-one, a sum not 
exceeding three thousand dollars. 

secretary's DEPARTMENT. 

For the salary of the secretary of the Commonwealth, f.o^^tiio!Z°^*^* 
three thousand five hundred dollars. wealth. 

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

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



10 



1872.— Chapter 4. 



Messenger. 



Additional cler- 
ical assistance. 



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, a sum not exceeding thirteen thousand 
three hundred dollars. 



Treasurer and 
receiver-gen- 
eral. 
First clerk. 



Cashier. 



First assistant 
clerk. 



Additional cler- 
ical assistance. 



TREASURER S DEPARTMENT. 

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

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

For the salary of the cashier in the treasurer's depart- 
ment, two thousand dollars. 

For the salary of the first assistant clerk in the treasurer's 
department, two thousand dollars. 

For such additional clerical assistance as the treasurer 
may find necessary, a sum not exceeding two thousand six 
hundred dollars. 



Deputy tax 
commissioner. 

First clerk. 



Second clerk. 



Additional cler- 
ical assistance. 



TAX commissioner's BUREAU. 

For the salary of the deputy tax commissioner, and of the 
commissioner of corporations, three thousand dollars. 

For the salary of the first clerk of the tax commissioner, 
one thousand seven hundred dollars. 

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

For such additional clerical assistance as the tax commis- 
sioner may find necessary, a sum not exceeding twelve thou- 
sand dollars. 



Auditor of 
account. 



First clerk. 



Second clerk. 



Additional cler- 
ical assistance. 



auditor's department. 

For the salary of the auditor of accounts, three thousand 
five hundred dollars. 

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

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

For such additional clerical assistance as the auditor may 
find necessary, a sum not exceeding two thousand six hun- 
dred dollars. 



attorney-general's department. 
A«orney-gen. ^q^ the salary of the attorney-general, three thousand 
five hundred dollars. 



1872.— Chapter 4. 11 

Fortl)e salary of tlie assistant attorney-f^eneral, one thou- Assistant attor- 

sand eight hundred dollars. ney-general. 

COMMISSIONERS, ET ALS. 

For the salary of the commissioner of savings banks, three savings bank 
thousand three hundred dollars. commissioner. 

For the salary of the insurance commissioner, two thou- insurance com- 

1 T n *' missioner. 

sand dollars. 
For the salary of the deputy insurance commissioner. Deputy insur- 

, , ■' I J ' ance commia- 

tnree thousand dollars. sioner. 

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

For such additional clerical assistance as the insurance Adfiitionaicier- 
commissioner may find necessary, a sum not exceeding fif. ^cai assistance. 
teen hundred dollars. 

The fees received as compensation for the valuation of Fees for vaiua- 
life-policies, are hereby appropriated, to be applied in accord- cie" howlp" " 
ance with the provisions of chapter four hundred and thirty- p'"''^' 
four of the acts of the year eighteen hundred and sixty-nine. 

For the compensation of the police commissioners, a sum Police commis- 
not exceeding one thousand five hundred dollars ; and for ^'°"*^''^' 
their actual travelling expenses, a sum not exceeding five 
hundred dollars. For the salary of the chief constable of chiefconstabie. 
the Commonwealth, three thousand dollars; for the salaries 
of deputy constables, a sum not exceeding eighty-two thou- Deputy con- 
sand eight hundred dollars; for actual travelling expenses xraveiung ex- 
paid by said constables, a sum not exceeding fifteen thou- p^"*®*- 
sand dollars ; and for office rent, a sum not exceeding five 
thousand two hundred dollars. 

For the salary and office expenses of the inspector of g°'smeters?^ 
gasmeters, three thousand dollars. 

For the salaries of the railroad commissioners, twelve Railroad com- 

11 Jin missioners. 

thousand dollars. 

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

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

For the salary of the chief of the bureau of statistics on Bureau of sta- 
the subject of labor, two thousand five hundred dollars ; and libor*^'^ 
for the salary of his deputy, two thousand dollars. 

For the salary of the secretary of the board of prison secretary of 
commissioners, two thousand dollars. sioners. 



AGRICULTURAL DEPARTMENT 

{ of the secretary of the b 
ure, two thousand five hundred dollars. culture 



For the salary of the secretary of the board of agricult- ^oard oFagri- 



12 



1872. — Chapter 4. 



Clerk. 



Clerical services 
and lectures. 



For the salary of the clerk of tlie 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 agricultui-e, and for 
lectures before the board of agriculture, a sum not exceed- 
ing four hundred dollars. 



Secretary. 



Clerical assist- 
ance. 



General agent. 



Clerical and 
other assist- 
ance. 



Visiting agent. 



Clerical and 
other assist- 
ance. 



Transportation 
of state paup- 
ers. 



BOARD OP STATE CHARITIES. 

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

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

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

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

For the salary of the visiting agent of the board of state 
charities, the sum of two thousand five hundred dollars ; and 
for such clerical and other assistance as he may find neces- 
sary, a sum not exceeding nine thousand three hundred dol- 
lars ; and of the unexpended appropriation made in eighteen 
hundred and seventy-one for the contingent expenses of said 
agent, the sum of eight hundred and sixty-eight dollars may 
be transferred to the appropriation for clerical assistance 
employed by him for said year. 

For the transportation of state paupers, to be expended 
by the agent of the board of state charities, a sum not ex- 
ceeding ten thousand dollars, and any additional assistance 
necessary to effect such transportation shall be paid out of 
that sum : provided, a detailed report of such expenditure 
shall be rendered to the auditor of accounts whenever 
required. 



Secretary. 



Salaries and 
expenses of 
agent. 



EDUCATIONAL DEPARTMENT. 

For the salary and expenses of the secretary of the board 
of education, three thousand four hundred dollars, to be 
paid 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 board of education may appoint, a sum not exceeding 
seven thousand five hundred dollars, to be paid from the 
moiety of the income of Massachusetts school fund applica- 
ble to educational purposes. 



1872.— Chapters 5, 6. 13, 

For the salary of the assistant librarian and clerk of the Assistant Hbra- 
board of education, two thousand dollars. nan and cierk. 

For such additional clerical assistance in the state library Additional cier- 
as may be found necessary, a sum not exceeding one thou- ^^'"^^ assistance. 
sand five hundred dollars. ,; 

MILITARY DEPARTMENT. 

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

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

For such additional clerical assistance as the adjutant- Additional cier- 

1 f 1 , T /• i 1 ical assistance. 

general may find necessary, a sum not exceedmg lour thou- 
sand and eighty dollars. 

For the salary of the surgeon-general, a sum not exceed- smgeon-gen- 
ing two thousand five hundred dollars. 

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

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

For the compensation of the employes at the state arsenal ^^"^gP'^P^ ^* 
at Cambridge, a sum not exceeding three thousand seven 
hundred dollars. 

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

Approved January 31, 1872. 

An Act to change the name of the haskins pneumatic alarm rilr,^ k 

COMPANY. ■"' 

Be it enacted, Sfc, as follows : 

Section 1. The Haskins Pneumatic Alarm Company Name changed. 
shall henceforth be called and known as the Haskins Ma- 
chine Company, and by said name shall have, hold and 
enjoy all its rights and privileges, and be subject to all its 
liabilities and obligations to the same extent as if its name 
had not been changed. 

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

Approved February 1, 1872. 

An Act to amend the charter of the Massachusetts new QJki^ Q 

church union. ■'■ 

Be it enacted, ^c, as follows : 

Section 1. The Massachusetts New Church Union may Real and per- 
hold real and personal property, for the purposes provided in 



14 



1872.— Chapters 7, 8. 



the act of their incorporation, in addition to their library, 

to an amount not exceeding one hundred tliousand dollars. 

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

Approved February 1, 1872. 



Chap. 7. 



Compensation 
of chaplains, 
preacher of the 
election ser- 
mon, and door- 
keepers and 
messenger of 
the legislature. 



An Act to establish the compensation of the preacher of the 

ELF.CTION sermon, THE CHAPLAINS, DOORKEEPERS, MESSENGERS 
AND PAGES OF THE LEGISLATURE. 

Be it enacted, §'c., as follows: 

Section 1. There shall be allowed and paid out of the 
treasury to each of the chaplains of the two branches, four 
hundred dollars ; to the preacher of the election sermon, one 
hundred dollars ; to each of the doorkeepers, assistant door- 
keepers and messengers of the senate and house of represent- 
atives, five dollars, and to each of the pages of the two 
branches, four dollars, for each day's service, and to each of 
the doorkeepers and assistant doorkeepers of the senate and 
house of representatives, and to the postmaster, one hundred 
dollars in addition. 

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

Approved February 2, 1872. 



Chap. 8. 



Appropriations 



Mileage of sen- 
ators. 

Compensation. 



Mileage of rep- 
resentatives. 



Compensation 
of representa- 
tives. 



Preacher of 
election ser- 
mon. 

Chaplains of 
senate and 
house. 

Doorkeepers, 
messenger, &c. 



An Act making appropriations for the mileage and compensa- 
tion OF THE MEMBERS OF THE LEGISLATURE, AND FOR THE COM- 
PENSATION OF THE PREACHER OF THE ELECTION SERMON, THE 
CHAPLAINS, DOORKEEPERS, MESSENGERS AND PAGES OF THK SENATE 
AND HOUSE OF REPRESENTATIVES, AND FOR OTHER PURPOSES. 

Be it enacted, ^'c, as follows : 

Section 1. The sums hereinafter mentioned in this sec- 
tion are appropriated, to be paid out of the treasury of the 
Commonwealth, 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 
thirty thousand seven hundred and fifty dollars. 

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

For the compensation of representatives, a sum not ex- 
ceeding one hundred and eighty thousand seven hundred 
and fifty dollars. 

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

For the compensation of the chaplains of the senate and 
house of representatives, eight 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. 



1872— Chapter 9. 15 

For fees and expenses of summoning witnesses before . 
committees, and for the fees of such witnesses, a sum not 
exceeding one thousand dollars. 

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

Approved February 2, 1 872. 



Chap. 9. 



An Act making appropriations for expenses of the state 
almshouses, the state prison, the reform school at west- 
borough, the massachusetts nautical school, the industrial 
school for girls, and for other purposes. 
Be it enacted, Sfc, as folloivs : 

Section 1. The sums hereinafter mentioned are appro- Appropria- 
priated, to be paid out of the treasury, from the ordinary ^'°"^' 
revenue, unless otherwise specified, for the purpose of meet- 
ing the current expenses of the institutions hereinafter 
named and for other purposes, during the year ending 
December thirty-first in the year eighteen hundred and sev- 
enty-two, to wit : — 

CHARITABLE. 

For the current expenses of the state almshouse at Tewks- state aims- 
bury, a sum not exceeding seventy-six thousand five hun- 1)°"^]'' '^''^^'^^" 
dred dollars. 

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

For the current expenses of the state almsliouse and state Bridgewater. 
workshop at Bridgewater, a sum not exceeding forty thou- 
sand dollars. 

For contingent expenses of the visiting agent of the board visiting agent. 
of state charities, a sum not exceeding three thousand dol- 
lars. 

For expenses of the general agent of the board of state General agent'a 
charities, a sum not exceeding two thousand dollars. expenses. 

For expenses of the secretary of the board of state chari- secretary's ex- 
ties, a sum not exceeding seven hundred dollars. penses. 

For travelling and other expenses of the board of state Travelling ex- 
charities, a sum not exceeding one thousand dollars. penses. 

For the support and relief of state lunatic paupers in state Lunatic pau- 
hospitals, a sum not exceeding eighty thousand dollars. pulis"^"^' 

For the burial of state paupers, a sum not exceeding seven Buriai of state 
thousand dollars. paupers. 

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



16 



1872.— Chapter 9. 



Coroners' in- 
quests. 

State alms- 
house loan 
sinking fund. 

Asylum for the 
blind. 

Asylums for 
deaf and dumb. 



Idiotic and 
feeble-minded 
youth. 

Johonnot an- 
nuities. 



Settlement and 
bastardy. 



Pensions. 

Indian stfCte 
paupers. 



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. 

For the Perkins institution and Massachusetts asylum for 
the blind, the sum of thirty thousand dollars. 

For the support of Massachusetts beneficiaries in the asy- 
lums for deaf and dumb, and in other institutions, a sum 
not exceeding tliirty thousand dollars. 

For the Massachusetts school for idiotic and feeble-minded 
youth, the sum of sixteen thousand five hundred dollars. 

For the annuities due from the Commonwealth, incurred 
by the acceptance of the bequests of the late Martha Johon- 
not, a sum not exceeding one thousand two hundred and 
eighty dollars. 

For expenses attending the management of cases of settle- 
ment and bastardy, and in connection with complaints of or 
in behalf of persons confined as lunatics, in eighteen hun- 
dred and seventy-two, a sum not exceeding two thousand 
dollars. 

For pensions, a sum not exceeding seven hundred dollars. 

For the support of Indian state paupers, in accordance 
•with the provisions of chapter four hundred and sixty three 
of the acts of the year eighteen hundred and sixty-nine, a 
sum not exceeding one thousand dollars. 



state prison, 
current ex- 
penses. 
State Reform 
School. 



Nautical 
School. 



Industrial 
School. 



Fugitives from 
justice. 

Agent, dis- 
charged con- 
victs. 



EEFORMATORY AND CORRECTIONAL. 

For the current expenses of the state prison, a sum not 
exceeding one hundred and fifteen thousand dollars. 

For the current expenses of the state reform school at 
Westborough, a sum not exceeding forty-eight thousand 
dollars. 

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

For the current expenses of the industrial school for girls 
at Lancaster, a sum not exceeding twenty four thousand 
dollars. 

For expenses incurred in the arrest of fugitives from jus- 
tice, a sum not exceeding one thousand five hundred dollars. 

For the salary of an agent for the relief of discharged 
convicts, a sum not exceeding one thousand dollars ; and 
for expenditures of said agent, a sum not exceeding two 
thousand dollars. 



1872.— Chapters 10, 1.1. 17 

For expenses of the commissioners on prisons, a sum not onprisous"^'^^ 
exceeding nine hundred dollars. 

From the appropriations for expenses of the state prison, Partof appro- 
of the state almshouses at Tewksbury, Monson and Bridge- expenses of 
water, of the reform school at Westborough, the Massachu- |t^te a[ms-"' 
setts nautical school, and of the industrial school for girls, |jj°jj'*^g' ^^^y 
there may be paid to each in advance, a sum not exceeding vanced and 
one thousand dollars, to be accounted for to the state auditor fn montfdy*' 
in the monthly settlements of said institutions ; and all wuii'^^ditor, 
sums received by said institutions from cities, towns or 
individuals for the support of inmates, or for articles sold, 
shall be paid into the treasury of the Commonwealth. 

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

Approved February 6, 1872 

An Act to authorize the stoneham street railroad company QJkjv) |Q 
TO lease its road. ^' 

Be it enacted., ^c , as follotos : 

Section 1. The Stoneham Street Railroad Company may May lease road 
lease its road and other property to any other street railway lity? ^'^^ ^^^^^' 
company, or to any party or parties. 

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

Approved February 6, 1872. 
An Act to incorporate the new Bedford and fairhaven street 

RAILWAY company. 

Be it enacted, §'c., as follows : 

Section 1. Andrew G. Pierce, Ward M. Parker, Samuel corporators. 
P. Burt, Nathan Chace, their associates and successors, are 
hereby made a corporation by the name of the New Bedford ^^^'^ ^^^ p"""' 
and Fairhaven Street Railway Company, with power to con- 
struct, maintain and operate a railway on and over any 
street or streets in said city of New Bedford and town of 
Fairhaven, with the right to cross on and over the bridge 
road connecting the said places ; with all the powers Povyers and 
and privileges, and subject to all the duties, restrictions and '^"*^i'^'*- 
liabilities set forth in all general laws which now are or may 
hereafter be in force applicable to street railway corpora- 
tions: provided, koto ever, that said city or town is hereby proviso, 
authorized and empowered to contract with said railway cor- 
poration concerning the construction, maintenance and oper- 
ation of said railway, upon such terms as it may agree with 
said railway corporation, any laws now existing to the con- 
trary notwithstanding. 

Section 2. The capital stock of said corporation shall capital stock. 
not exceed sixty thousand dollars. 



Chap. 11. 



18 1872.— Chapters 12, 13, 14. 

NewBe^dford & SECTION 3. The New Bedford and Taunton Railroad 

road and New Corporation, and the New Bedford, Vineyard and Nantucket 

tucket steam- Steamboat Company are hereby authorized to subscribe for 

n°ayt^a°Kodc and hoM shares in the capital stock of said New Bedford 

divMuais^to ^^' ^^^^ Fairhaven Street Railway Company by the vote of their 

have the prefer- stockholders ; but any individuals may have the right to 

subscribe for the stock to the- exclusion of said railroad and 

steamboat corporations upon application within sixty days 

after public notice of the organization of the company. 

Three miles of SECTION 4. This act shall be void unless three miles of 

road to be built iini ,.,. , i/> 

within one said road shall be constructed withui twelve months irom its 

year. 

passage. 

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

Approved February 6, 1882. 

Chat). 12. ^^ "^^^ ^^ AUTHORIZE THE WORCESTER SOUTH-EAST AGRICULTURAL 
' * SOCIETY TO INCREASE THE AMOUNT OF ITS REAL ESTATE. 

Be it enacted, ^c, as follows : 
$20,000 in real Chapter sixty-eight of the acts of the year one thousand 
eight hundred and sixty, is hereby so amended, that said 
society may hold and manage real estate to an amount not 
exceeding twenty thousand dollars. 

Approved February 6, 1872. 

ChaV 13. "^^ "^^^ ^^ AUTHORIZE STEPHEN H. WARDWELL TO CONSTRUCT A 
-^ ' * WHARF IN SWAMPSCOTT. 

Be it enacted, ^c, as follows : 

May construct SECTION 1. Liccuse is hereby given to Stephen H. "Ward- 

er/ysideof wcU to coiistruct a wharf from land owned by him on the 

Sswampscott. Westerly side of Fishing Point, in the town of Swampscott, 

the location, width and extent thereof to be determined by 

the board of harbor commissioners, 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 four 

hundred and thirty-two of the acts of the year eighteen 

hundred and sixty-iiine. 

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

Approved February 6, 1872. 
Chap. 14. -An Act to extend the charter of the conway mutual fire 

INSURANCE company. 

Be it enacted, Sj-c, as follows : 

feJfd'^TwUhout "^^^^ ^^^ ^^ ^^^^ y^ar one thousand eight hundred and forty- 
HmUationof nine, incorporating the Conway Mutual Fire Insurance Com- 
pany of Conway, shall continue in force, and said company 
shall continue to be a corporation, with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in the General Statutes relating to such 



1872.— Chapiers 15, 16, 17, 18. 19 

corporations, after tlie expiration of its present charter, in 
all respects, as if the act incorporating said company had 
contained no limitation of time. Approved February 6, 1872. 

An Act to amend an act to revise the charter of the city op Qhnr^ 1 5 

BOSTON. -t ' 

Be it enacted, §'c., as follows : 

Section thirty-four of chapter four liundred and forty-eight Majority of 
of the acts of the year eighteen hundred and fifty-four is wn'^titute a 
hereby amended by striking out the words, " and twenty-five moTcoundi'of 
members shall constitute a quorum for the transaction of Boston. 
business " ; and inserting instead thereof, the words, and a 
majority of all the members of the common council shall 
constitute a quorum for the transaction of business. 

Approved February 8, 1872. 



An Act to regulate the speed of vessels propelled by steam 
in boston and charle8town harbors. 



Chap. 16. 

Be it enacted, §'c., as follows : 

Section 1. No vessel propelled by steam shall either in steam vessels 
Boston harbor or Charlestown harbor, pass within one hun- whar'^vl'f fester 
dred yards of any wharf, at greater speed than at the rate ^^^^^^^^ ^'''^^ 
of five miles an hour. 

Section 2. The master, pilot and engineer of any vessel Penalties, 
violating the provisions of this act, shall severally be pun- 
ished by fine not exceeding one hundred dollars. 

Section 3. The owner of any vessel violating the pro- Damages, 
visions of this act shall pay to any person suffering damage 
thereby, the full amount of such damage, to be recovered in 

an action of tort. Approved February 10, 1872. 



Chap. 17. 



An Act to authorize the Cambridge railroad company to in- 
crease ITS capital stock. 
Be it enacted, Sfc, as follows : 

Section 1. The Cambridge Railroad Company is hereby $250,000 acku- 
authorized to increase its capital stock by an amount not stocL-l "^^^"'^^ 
exceeding two hundred and fifty thousand dollars, in addi- 
tion to the amount heretofore authorized by law, at such 
times and in such sums as the stockholders may determine. 

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

Approved February 14, 1872. 



An Act to authorize the county commissioners of Berkshire 
county to appropriate money in payment for the new coun 



I Chap. 18. 

TY BUILDINGS AT PITTSFIELD. 

Be it enacted, §'c., as folloios : 

Section 1. The county commissioners of Berkshire county county com- 
may appropriate the sum of seventeen thousand three hun- ^prop^Iate"""^ 



20 



1872.— Chapters 19, 20. 



money for pay- 
ment for m*w 
county build- 
ings at Pitts- 
lield. 



Repeal. 

Chap. 19. 

Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Capital stock 
and shares. 



Proviso. 



Chap. 20. 



Corporators. 



Name. 



Powers and 
duties. 



dred and fifty dollars, now in the treasury of said county, (and 
being the proceeds of the sale of the old county buildings 
and the land connected, in the town of Lenox,) in payment 
for the new county, buildings of said county at Pittsfield. 
And in case said sum, with the sum already provided, be 
insufficient to pay the whole expense of erecting and com- 
pleting said buildings, said commissioners may appropriate 
therefor the further sum of five thousand dollars from the 
sum they are authorized to borrow under the provisions of 
chapter one hundred and six of the acts of the year eighteen 
hundred and seventy-one. 

Section 2. All acts and parts of acts inconsistent here- 
with, are hereby repealed. 

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

Approved February 14, 1872. 

An Act to incohpokate the spencer hotel company. 
£.<? it enacted, S^'c, as follows : 

Section 1. Luther Hill, John L. Bush, William Upham, 
their associates and successors, are hereby made a corpora- 
tion by the name of the Spencer Hotel Company, for the 
purpose of erecting and maintaining a hotel in the town of 
Spencer, with the buildhigs, appurtenances and improve- 
ments connected therewith; with all the powers and priv- 
ileges, and subject to all the duties, liabilities and restric- 
tions contained in all the general laws which now are or 
may hereafter be in force and applicable to such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed one himdred thousand dollars, nor be less than 
fifty thousand dollars, and shall be divided into shares of 
one hundred dollars each, and said corporation may hold 
real and personal estate to the value of one hundred thou- 
sand dollars, for the purpose mentioned in the first section : 
provided, however, that said corporation shall not incur any 
liability until the sum of twenty thousand dollars of its cap- 
ital stock has been paid in in cash. 

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

Approved February 14, 1872. 
An Act to incorporate the east weymouth five cents savings 

BANK. 

Be it enacted, §'c , as folloivs : 

Section 1. Nathan Canterbury, Peter W. French, Z. L. 
Bicknell, their associates and successors, are hereby made a 
corporation by the name of the East Weymouth Five Cents 
Savings Bank, to be established in that part of the town of 
Weymouth called East Weymouth ; with all the powers and 



1872.— Chapters 21, 22, 23. 21 

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 February 14, 1872. 
An Act to authorize charles c hine to construct a causeway Qjiap. 21. 

AND BRIDGE IN TISBURY. ^ 

Be it enacted^ ^c, av follows : 

Section 1. License is hereby given to Charles C. Hine May construct 
to construct and maintain a causeway and bridge for the bridlJaJroifs'^ 
purpose of a road between lands owned by himself in the "fsbuVy*-'^'^ ^^ 
town of Tisbury across tide water from a point on Little 
Neck, so called, to the beach that separates the waters of 
Vineyard Haven harbor and the Lagoon Pond : provided, 
that all things done under this act shall be subject to the 
determination and approval of the harbor commissioners, as —subject to ap- 
provided in the fourth section of chapter one hundred and bor^commis-^'^' 
forty-nine of the acts of the year eighteen hundred and ^^o"""*- 
sixty-six, and also provided, that this license shall in no wise 
impair the legal rights of any person, and provided, fur Iher, Provisos, 
that this license shall expire at the end of five years after 
the passage of this act, unless the said causeway and bridge 
shall be constructed within such period. 

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

Approved February 14, 1872. 
An Act to increase the capital stock of the prescott fire Chap. 22. 

AND MARINE INSURANCE COMPANY. 

Be it enacted, Sj'c, as follotvs : 

The Prescott Fire and Marine Insurance Company may Mayincrea=e 

., -i 1 i. 1 i i. J- c capital stock to 

increase its capital stock to a sum not exceeding five a sum not ex- 
hundred thousand dollars, to be divided into shares of one ||Sowo. 
hundred dollars each, to be paid in within three years from 
the passage of this act, in such instalments as the corporation 
shall from time to time determine, and to be invested accord- 
ing to law. Approved February 14, 1872. 

An Act to authorize the fitchburg mutual fire insurance Qhay) 93 

COMPANY TO purchase AND HOLD REAL ESTATE. ^ ' 

Be it enacted, §'c., as follows: 

Section 1. The Fitchburg Mutual Fire Insurance Com- MayhoM 
pany is hereby authorized to purchase and hold real estate estate. ^^ ^^ 
in Fitchburg to an amount not exceeding thirty thousand 
dollars, to be used wholly, or in part, for the purposes of 
the company. 

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

Approved February 14, 1872. 



22 1872.— Chapters 24, 25, 26. 

Chap. 24. ^^ ^^'^ I^ RELATION TO REPORTS AND RETURNS IN RESPECT TO JAIL8 

AND HOUSES OF CORRECTION. 

Be it enacted, Sfc., as follows: 

tirns'to be** ^^" SECTION 1. So much of section nine, chapter three hiin- 
laade imder drcd and seventj, of the acts of the year one thousand eight 
hundred and seventy, as provides that the reports and 
returns therein referred to shall be made to the commission- 
ers of prisons, is hereby repealed, and the same shall con- 
tinue to be made as provided in chapter three hundred and 
seven of the acts of the year one thousand eight hundred 
Commissioners and sixtv-four : but the commissioners of prisons and their 

(Hid sccrcttirv •/ ^ t 

to have access Secretary shall have free access to said reports and returns. 
to reports, &c. SgCTiON 2. This act shall take effect upon its passage. 

Approved February 14, 1872. 

Chat) 25 "^^ ^^^ ^^ AUTHORIZE THE PROPRIETORS OF ARLINGTON STREET 
^' ' CHURCH TO CONVEY REAL ESTATE. 

Be it enacted, Sfc, as follows : 
istreef ci^urch SECTION 1. The prudcntiol committee of " The Proprietors 
may sell real of Arlington Street Church," in the city of Boston, may sell 

t"^tU.tG not USGU ^ J ^ »/ 

as place of pub- and couvcy at their discretion, so much of the real estate of 
he worship. g^^j^ corporation situate on Boylston Street, Boston, as is 
not now used and occupied as a place of public worship by 
* said proprietors ; and said committee, or a majority thereof, 

may execute and deliver all conveyances necessary to com- 
plete said sale. 

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

Approved February 16, 1872. 

Chap. 26. -^N Act to AUTHORIZE THE NATIONAL INSURANCE COMPANY TO ISSUE 

PREFERRED STOCK. 

Be it enacted, Sfc, as follows : 

fenced stock'^^' SECTION 1. The National Insurance Company of the city 
and pay divi'- of Bostou, is hereby authorized to issue not exceeding three 
offive per cent, thousand sharcs of stock of the par value of one hundred 
semi-annuaUy. (joHars cach, and the same shall be called and entitled pre- 
ferred stock, upon which a dividend of five per cent, or all 
that may be earned by said company, within that amount, 
shall be paid semi-annually. 
Excess of prof- SECTION 2. All cxccss of the profits and income of said 

its on DrGiGrrGCl 

stock to be ap- Company above the dividend in the first section of this act 
ingorigi^nir'^' provided to be paid on the preferred stock, shall be retained 
capital. by i\^Q company until the original capital stock of the com- 

pany be fully restored, and when and after said original 
capital be restored, any dividends of the profits of the com- 
pany after payment of said dividend on the preferred stock 



1872.— Chapters 27, 28. 23 

shall be made on the preferred and common stock at the ^apitlus re-"^"^ 
'same rate. stored. 

Section 3. Each present shareholder of said company how preferred 
shall be entitled to subscribe for and take such proportion of su^cribed for 
the preferred stock which shall be issued under the provi- a»d issued. 
sions of this act as the number of shares now held by him 
bears to the whole number of shares of the present capital 
stock of said company. All shares not taken by the present 
shareholders or their assigns within twenty days after notice 
of the proposed issue, shall be disposed of as the directors 
of the company shall determine at not less than one hundred 
dollars per share. 

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

Approved February 20, 1872. 
An Act to authorize the taunton branch railroad corpora- QhaYi 27 

TION to increase ITS CAPITAL STOCK. J^' 

Be it enacted, ^c, as follows : 

Section 1. The Taunton Branch Ra,ilroad Corporation is $100,000 addi- 
hereby authorized to increase its capital stock, by an amount stock. '^^'^^^'^ 
not exceeding one hundred thousand dollars, subject to the 
provisions of the general laws which now are or may here- 
after be in force concerning railroad corporations. 

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

Approved February 20, 1872. 



Chap. 28. 



s in 
con- 



An Act to authorize the old colony and Newport railway 

COMPANY TO construct TRACKS TO CONNECT ITS RAILROAD WITH 
THE NEW BEDFORD AND TAUNTON RAILROAD IN TAUNTON. 

Be it enacted, fyc, as follows : 

Section 1. The Old Colony and Newport Railway Com- oid coionyand 
pany is hereby authorized to locate, construct and maintain way may con-" 
railroad tracks in the city of Taunton, near Weir Junction, 2,'™"* ^^'y"^' 

11 1^ f 1 1 • 1 r< • .1 1 1 Taunton toe — 

SO called : nrst, irom the westerly side of its railroad north- nect wuh New 
erly from said junction to the northerly side of the New xaun'ton'ii. r. 
Bedford and Taunton Railroad, and second, from the west- 
erly side of its railroad, southerly from said junction to the 
southerly side of said New Bedford and Taunton Railroad ; 
with all the powers and privileges, and subject to all the Powers and 
duties, liabilities and restrictions which now are or hereafter ^"'''^^• 
may be contained in all general laws relating to railroad 
corporations. 

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

Approved February 20, 1872. 



24 1872.— Chapters 29, 30, 31. 

Chdp. 29. ^^ -^CT TO AUTHORIZE SAMUEL DOWNER TO EXTEND ONE WHARF 
"* AND BUILD ANOTHER IN HINGHAM HARBOR. 

Be it enacted, ^c, as follows : 

Mayextendone SECTION 1 Liceiise is hereby given to Samuel Downer to 

whart and build ^ n -i i i-\ »tii 

another in extcncl One whari and construct another at Downer s Land- 
^jngiam ar- .^^^ formerly called Crow Point, in Hingham harbor, within 
such limits as the harbor commissioners may determine and 
Proviso. direct : provided, that all things done under this act shall be 

subject to the provisions of the fourth section of chapter one 
hundred and forty-nine of the acts of the year eighteen hun- 
dred and sixty-six, and to the provisions of chapter four 
hundred and thirty-two of the acts of the year eighteen 
hundred and sixty-nine, so far as applicable. 

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

Approved February 20, 1872. 



Chap. 30. 



An Act to incorporate the metacomet fire insurance company 

of fall river. 
Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Charles H. Dean, William H. Jennings, Iram 

Smith and John D. Flint, their associates and successors, are 

Name and pur- hereby made a corporation by the name of the Metacomet 

P"***- Yire Insurance Company of Fall River, for the purpose of 

insuring against losses by fire ; with all the powers and priv- 

dutTeT *°*^ ileges, and subject to all the duties, liabilities and restric- 
tions set forth in all general laws which are or may be in 
force relating to such corporations. 

Capital stock. SECTION 2. Said Corporation shall have a capital stock of 
two hundred thousand dollars, with liberty to pay in and 
increase the same to five hundred thousand dollars : pro- 

proviso. vided, that such increase shall be paid in in cash within five 

years from the passage of this act. 

Real estate not SECTION 3. Said Corporation may hold real estate to an 

twlmy p'ir amount not exceeding twenty per cent, of its paid-up capital. 

capital^ ^^'"^"^^ Section 4. This act shall take effect upon its passage. 

Approved February 20, 1872. 



Chap. 31. 



An Act to authorize the city of Worcester to fund its float- 
ing DEBT, AND TO ISSUE ADDITIONAL SEWER AND WATER SCRIP. 

Be it enacted, Sfc, as follows : 

May borrow SECTION 1. The city couucil of the city of Worcester 

flJTa'ting debt^ shall havc authority to borrow such sums of money as shall 
ttoniirsewerage be ucccssary for funding the present floating debt of said 
and water scrip, ^[ly incurred in the construction of sewers and drains, in 
supplying said city with water, and for other municipal 
purposes, and shall further have authority to borrow money 



1872.— Chapter 32. 25 

from time to time to an amount not exceeding five hundred 
thousand dollars, for defraying expenses hereafter to be in- 
curred by said city for sewers and drains, and for water ; and 
all expenditures and indebtedness heretofore incurred by 
said city for sewers and drains and water are hereby con- 
firmed ; and said city council may issue the notes, bonds or 
certificates of indebtedness of said city, bearing interest 
payable semi-annually, and redeemable at such times as 
they shall direct, for all sums of money borrowed under 
authority of this act. 

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

Approved February 20, 1872. 

An Act TO INCORPORATE THE TOWN OF NORWOOD. CkaV. 32. 

Be it enacted, Sfc, as follows: 

Section 1. All the territory now within the towns of Ded- {^j™"o°^or- 
ham and Walpole, in the county of Norfolk, comprised within wood. 
the following limits, that is to say : Beginning at the point 
where the southerly side of Canton street crosses the dividing 
line between the towns of Canton and Dedham ; thence run- 
ning north-westerly on the south-westerly side of said Canton 
street, about three thousand feet, to a point dividing the lands 
of John and Luther Eaton ; thence running from said point, on 
a line in the direction of the old parish boundary now stand- 
ing at the junction of Centre street and East street, until 
said line strikes and crosses Downey street at a point about 
thirteen hundred and two feet from a monument at the cor- 
ner of Downey street and Everett street ; thence running 
westerly to a point on Everett street about thirty- six feet 
northerly of a stone monument on said Everett street ; 
thence running westerly on the northerly side of Everett 
street, and crossing Centre street, to the street-boundary 
post on the southerly side of Clapboard-tree street, near the 
south-westerly abutment of the Boston, Hartford and Erie 
railroad bridge, near Ellis's station ; thence running westerly 
by the southerly side of Clapboard-tree street, to the angle 
in said street, which is about forty-five rods west of Jere- 
miah W. Gay's house ; thence in a straight line toward the 
corner of land of Samuel Cheney, on Winter street, twenty- 
one rods north of the house of said Samuel Cheney, until 
said line strikes and crosses Nahatan street about three hun- 
dred and nine feet southerly from the north corner of Eben- 
ezer Gay's land ; thence in a straight line passing through 
the easterly line of the junction of Oak street and Bropk 
street, to the dividing line between the towns of Dedham 
and Walpole ; then following the said dividing line south- 



26 



1872.— Chapter 32. 



Powers and 
duties. 



Taxes, how to 
be assessed, col- 
lected,aud paid, 



Support of 
paupers. 



Dedham, "Wal- 
pole, and Nor- 
wood to retain 
corporate prop- 
erty belonging 
to their respect- 
ive limits. 

Debts to be 
paid according 
to assessed 
value of towns. 



easterly to a monument where Brook street crosses Babbling 
brook, at a point south of, and near to the house of James 
R. Fisher ; thence in a straight line to a monument on the 
east side of the old post-road, on land now or late of the 
heirs of Isaac Fisher ; thence by the lines dividing the town 
of Dedham from the towns of Walpole, Sharon and Canton 
respectively, to the point of beginning, — is hereby incorpo- 
rated into a town by the name of Norwood ; and said town 
is hereby invested with all the powers, privileges, rights and 
immunities, and is subject to all the duties and requisitions 
to which other towns are entitled and subject by the consti- 
tution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Norwood 
shall be holden to pay all arrears of taxes which have been 
legally assessed upon them by the towns of Dedham and 
Walpole respectively ; and all taxes heretofore assessed and 
not collected shall be collected and paid to the treasurers of 
the towns of Dedham and Walpole, in the same manner as 
if this act had not been passed ; and, until the next general 
valuation of estates in this Commonwealth, the town of 
Norwood shall annually pay to the said towns of Dedham 
and Walpole, respectively, the proportion of * any state or 
county tax which the said towns of Dedham and Walpole, 
respectively, may be required to pay upon the inhabitants or 
estates hereby set off, — said proportion to be ascertained and 
determined by the respective valuations of Dedham and 
Walpole next preceding the passage of this act. 

Section 3. Said towns of Dedham, Walpole and Nor- 
wood shall respectively be liable for the support of all per- 
sons 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. 
And said town of Norwood shall pay annually to said town 
of Dedham one-fifth part of all costs of the support or relief 
of those persons who now do, or sliall hereafter stand in 
need of relief or support as paupers, and who have gained 
a settlement in said town of Dedham in consequence of the 
military services of themselves, or of those through whom 
they derive their settlement. 

Section 4. Said towns of Dedham, Walpole and Nor- 
wood shall each retain and hold all the town property, real 
or personal, now in or belonging to their respective limits ; 
and the town of Norwood shall assume and pay its just and 
equitable proportions (according to its present assessed val- 
uation) of any debt due or owing from the towns of Dedham 
or Walpole respectively, at the time of the passage of this 



1872.— Chapter 32. 27 

act ; and shall be entitled to receive from said towns, respect- 
ively, its just and equitable proportion (according to said 
assessed valuation, and a valuation hereafter to be made) of 
all corporate property then owned by said towns of Ded- 
ham and Walpole respectively, including in said calculations 
all the property named in this section. And if the property 
retained and held by said town of Norwood, as aforesaid, commissioners 
shall exceed its just and equitable proportion of said corpo- by supenor" ' 
rate property, it shall refund to said towns of Dedham and d?^agree!'°^^°^ 
"Walpole, respectively, such sums as shall make such propor- , 

tions just and equitable. In case the valuations or propor- 
tions aforesaid cannot be agreed upon by the said towns of 
Dedliam or Walpole, respectively, with said town of Nor- 
wood, the same shall be determined by three commissioners, 
neither of whom shall be residents in said county of Norfolk, 
to be appointed by the superior court for said county of 
Norfolk, upon the petition of either of said towns, and said 
petition may be filed, and appointments made in vacation. 
Said town of Norwood shall be held to refund to said towns 
of Dedham and Walpole, respectively, its just proportion of 
the surplus revenue, whenever the same shall be called for, 
according to law, such proportion to be determined by the 
decennial state valuation next preceding such call. 

Section 5. Any justice of the peace within and for the First meeting 
county of Norfolk, may issue his warrant, directed to any town'iS^fficers. 
inhabitant of the town of Norwood, requiring him to notify 
and warn the inhabitants thereof who may be 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 the officers so chosen, when 
qualified, shall hold their respective offices until the annual 
meeting of the year eighteen hundred and seventy-three, 
and until others are chosen to fill their several places. Said 
warrant shall be served by publishing a copy thereof in two 
newspapers, each published in said county of Norfolk, 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 Norwood, seven days, at least, before said time of 
meeting, Said justice, or, in his absence, such inhabitant 
required to notify the meeting, shall preside until the choice 
of a moderator in said meeting. 

Section 6. The selectmen of the towns of Walpole and selectmen of 
Dedham respectively, shall, before said meeting, prepare n^dhamtopre- 
lists of voters in said town of Norwood, who are residents in ^otlrs and L- 
that portion of territory which is set off from their respect- iiver to presw- 

* •' ^ mg oflQcer of 

meeting. 



28 1872.— Chapter 32. 

ive towns by this act, and who are qualified to vote at such 

meeting, and shall deliver the same to the person presiding 

at such meeting, before the choice of a moderator thereof. 

fe!entZyeIto' SECTION 7. The territory of the town of Norwood which 

the general ^as heretofore been a part of Dedham, shall, for the purpose 

court, senators, /. , . . . pi 

councillors, and 01 clcctmg a representative to congress, remain a part oi the 
^ngre'ss'. ° congrcssional district, numbered seven, until legally changed ; 
and for the purpose of electing a councillor, shall remain 
a part of councillor district, numbered two, until legally 
changed ; and for the purpose of electing a senator shall 
remain a part of the second Norfolk senatorial district, until 
legally changed ; and for the purpose of electing a represen- 
tative to the general court, shall remain a part of the first 
Norfolk representative district, until legally changed. And 
the inhabitants on said territory shall vote for each of said 
officers in the town of Norwood. The selectmen and clerk 
of said town of Norwood, in each of said cases, shall make 
returns as if said town had existed at the time of the for- 
mation of said districts. And said clerk shall meet with the 
clerk of said town of Dedham, at the town clerk's office in 
said Dedham, whenever it may be requisite, for the purpose 
of ascertaining the results of any of said elections of rep- 
resentation to the general court and making certificate of 
the same according to law. 
Territory here- SECTION 8. The territory of the town of Norwood which 

tofore a part ot , , /. i /. , n -rrr i i in 

waipoie to re- has heretofore been a part ot the town oi vV alpole, shall, 

main in present n ,■, i j.- j • j.i ii i- ^ 

districts, and lor the scvcral purposes mentioned in the seventh section ot 
voteLaWaipote. ^^^^^ act, remain, until legally changed in the several dis- 
tricts, in which it has heretofore been, and the inhabitants 
thereof, shall, in each of said cases, until legally changed, 
continue to vote in the town of Walpole ; but shall be 
assessed and taxed only. as inhabitants of the town of Nor- 
wood, and shall pay the same only to the proper officers of 
said town. 
Town clerk of The clcrk of said town of Norwood, shall, before each of 
m8hIi*s°of° ^^' the elections referred to in the seventh section of this act, 
irerk^ofwar"^ fumisli to tbc clcrk of the town of Walpole, seven days at 
pole. least, before each of said elections, a certified list of the 

voters resident in sjid territory set off by this act, and qual- 
ified to vote at such election. 
Norwood to SECTION 9. The said town of Norwood shall bear the 

bear expense <? i • ,i t x i t i • 

of surveys and cxpensc 01 making the necessary surveys and establishing 
townmle"^ the lines between the said towns of Dedham and Walpole, 

respectively, and said town of Norwood. 
Keimburse- SECTION 10. The Said town of Norwood shall receive 

Ses and State ' from the Said towns of Dedham and Walpole, respectively, a 



1872.— Chapter 33. 29 

proportional part of whatever amount may hereafter be ^|fji\"jyi'.f^ufi^ 
refunded to either of said towns respectively, from the state ues. 
or the United States, to reimburse either of said towns for 
bounties to soldiers or state aid, heretofore paid to soldiers' 
families, after deducting all reasonable expenses. 

Section 11. This act shall take effect upon its passage. 

Approved February 23, 1872. 
An Act in FURtHER addition to an act making appropriations Qfidp^ 33, 

FOR the maintenance OF THE GOVERNMENT DURING THE PRESENT ■^' 

YEAR. 

Be it enacted, ^"c, as follows : 

Section 1. The sums hereinafter mentioned are appro- Appropriations, 
priated for the purposes specified, to be paid out of the 
treasury 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-two, to wit : — 

LEGISLATIVE AND EXECUTIVE DEPARTMENTS. 

For printing and binding ordered by the senate or house Printing and 
of representatives, or by the concurrent order of the two by^lle^egitu^ 
branches, a sum not exceeding forty-five thousand dollars. *"''*^- 

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

'For printing blanks and circulars and the calendar of ffrcu{ars''&c^' 
orders of the day for the use of the senate, a sum not 
exceeding one thousand dollars. 

For stationery for the house of representatives, purchased House station- 
by the clerk of the house of representatives, a sum not ex- "^' 
Deeding two thousand dollars. 

For printing blanks and circulars and the calendar of ^""ui^r^J'^^c^' 
orders of the day for the use of the house of representatives, 
a sum not exceeding one thousand two hundred dollars. 

E^or books, stationery, printing and advertising, ordered stationery, &c., 

, , ' p 1 1 • 1 , ordered by ser- 

by the sergeant-at-arms tor the legislature, a sum not ex- geant-atarms. 
ceeding eight hundred dollars. 

For the authorized expenses of committees of the present Expenses of 
legislature, the same to include clerical assistance to com- ''°™™^ 
mittees authorized to employ the same, a sum not exceeding 
three thousand dollars. 

For postage, printing and stationery, for the governor and Postage, &c., 

•1 s- ' Jt^ ° J. xi J J II for governor 

council, a sum not exceeding one thousand dollars. and council. 

For the contingent expenses of the governor and council, contingent 
a sum not exceeding one thousand five hundred dollars. governor aud 

council. 



30 



1872. —Chapter 33. 



state house 
fuel and lights, 



— repairs and 
furniture 



Contingent ex- 
penses of Sen- 
ate and House 
of Representa- 
tives. 
Proviso, 



STATE HOUSE. 

For fuel and lights for the state house, a sum not exceed- 
ing six thousand five hundred dollars. 

For repairs, improvements and furniture of the state 
house, a sum not exceeding four thousand dollars. 

For contingent expenses of the senate and house of rep- 
resentatives and necessary expenses in and about the state 
house, a sum not exceeding four thousand dollars : provided^ 
that no part of such sum shall be expended for stationery, 
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. 



Printing gen- 
eral laws. 



Printing and 
binding " lilue 
Book." 



Newspaper 
publication of 
general laws. 



Public docu- 
ments ; 



— binding. 



Term reports. 



Railroad re- 
ports. 

Supplement to 
the General 
Statutes. 



STATE PRINTING. 

For printing such number, not exceeding thirty-five thou- 
sand of the pamphlet edition of the general acts and resolves 
of the present year, for distribution in the Commonwealth, 
a sum 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 six 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 sev- 
enty-two, under the direction of the secretary of the Com- 
monwealth, 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 authorized by 
chapter eighteen of the resolves of the year eighteen hun- 
dred and sixty-seven, a sum not exceeding five hundred 
dollars for the publication and two hundred dollars for edit- 
ing the same. 



1872.— Chapter 33. 31 

incidental and contingent expenses. 

For incidental expenses of the secretary's department, a incidental 
sum not exceeding five thousand five hundred dollars ; and ^^v^'^^^^'- 
for assessors' books and registration blanks for the secretary's —secretary; 
department, a sum not exceeding two thousand five hun- 
dred dollars. 

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

For the expenses of the tax commissioner, a sum not ex- — taxcommss 
ceeding three thousand and fifty dollars. sioner, 

For expenses of the auditor's department, the same to —auditor; 
include expenses attending the administration of the law 
providing state aid for Massachusetts volunteers and their 
families, a sum not exceeding eight hundred dollars 

For incidental and contingent expenses of the insurance —insurance 
commissioner, a sura not exceeding one thousand nine hun- commissioner; 
dred dollars. 

For fees, costs and court expenses of the attorney -general, -attorney. 
and for incidental and contingent expenses of the oflice of^**"**"^'' 
the attorney-general, a sum not exceeding two thousand 
dollars. 

For the contingent expenses of civil actions, as authorized -civil 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 the Adjutant-gen- 
adjutant-general, a sum not exceeding two thousand dollars, expense".*^*^'^*'*' 

For militia bounty, a sum not exceeding one hundred and Miiitia bounty. 
fourteen thousand dollars. 

For military accounts, a sum not exceeding six thousand Military ac- 

T 1, '' ' ° counts. 

dollars. 

For expenses of the bureau of the quartermaster-general, Quartermaster- 
a sum not exceeding four thousand dollars. general. 

For the rent of armories, a sum not exceeding twenty- Kent of armo- 
five thousand dollars. "®*' '^*'^- 

For instruction, orderly and roll books, a sum not exceed- Books ofin- 
ing one hundred and fifty dollars. 

For expenses of the commissioners on state bounties, a commissioner. 
sum not exceeding twenty-five dollars. *t^t«' bounties. 

For expenses of the state commissioner on the soldiers' soidiers' ceme- 
national cemeteries at Gettysburg and Antietam, a sum not ^"*^'^' 
exceeding fifty dollars. 

For expenses of the bureau of the surgeon-general, a sum surgeon-gen- 
not exceeding five hundred dollars. ^''^^' 



32 



1872.— Chapter 33. 



Medical sup- 
plies. 



Seimburse- 
ments for state 
aid paid by 
cities and 
towns. 



Soldiers' boun- 
ties. 

Quartermas- 
ter's supplies. 



For medical, surgical and hospital supplies, and contin- 
gent expenses connected therewith, the same being for use 
of the state militia, a sum not exceeding five hundred dol- 
lars. 

For the reimbursement of cities and towns, for money 
paid on account of aid to Massachusetts volunteers and 
their families, a sum not exceeding six hundred thousand 
dollars ; the same to be payable on the first day of Decem- 
ber, in the year eighteen hundred and seventy-two. 

For the payments of bounties remaining due to Massa- 
chusetts soldiers, a sum not exceeding two thousand dollars. 

For quartermasters' . supplies, a sum not exceeding four 
thousand dollars. 



Bounties to 
societies. 

Expenses of 
member of 
board. 



Secretary of 
the board. 



Incidental ex- 
penses. 

Printing report. 



Distribution of 
blanks by 
sheriffs. 



Books for state 
library. 



Railroad com- 
missioners. 



Commissioners 
on public lands. 



AGRICULTURAL. 

For bounties to agricultural societies, a sum not exceed- 
ing seventeen thousand two hundred and ninety dollars. 

For the personal expenses of members of the board of 
agriculture, a sum not exceeding one thousand five liundred 
dollars. 

Fur 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. 

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 three thousand 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. 



1872.~Chapters 34, 35. 33 



For the compensation and expenses of the harbor com- Harbor com- 
missioners, a sum not exceeding ten thousand dollars. missioners. 

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

For expenses of the bureau of statistics on the subiect of Bureau of su- 

tistics on sub" 

labor, a sum not exceeding five thousand dollars. ject of labor. 

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

For expenses of the commissioner of corporations, a sum commissioner 

^,. 1 T 1 1 11 of corporations. 

not exceeding seven hundred dollars. 

For the annuity of Jane Parks, two hundred dollars. Annuity of Jane 

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

Approved February 23, 1872. 



An Act to authorize the register of deeds for the county of 

SUFFOLK to appoint AN ASSISTANT. 



Chap. 34. 

Be it enacted^ Sfc, a.s follows : 

Section 1. The register of deeds for the county of Suf- Register of 
folk may, subject to the approval of the superior court in to^ikmay'ap- 
said county, appoint an assistant register of deeds for whose aSant. 
doings the said register shall be responsible. Said assistant 
shall be paid for his services by said register, and be remov- 
able at his pleasure. 

Section 2. Any documentor paper certified or attested certificate of 
by said assistant register shall be admissible as evidence in te/to'be re-^^ ' 
all courts of this Commonwealth, in the same manner, and couTtsaJif*^ 
to the same extent as if such document or paper was certi- regf^te/ ^^'^ 
fied or attested by the register. 

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

Approved February 23, 1872. 
An Act to authorize the town of medford to issue additional Chan *^ 5 

WATER FUND BONDS. JJ- CO. 

Be it enacted, Sfc , as follows : 

Section 1. The town of Medford is hereby authorized, Medford may 
for the purposes mentioned in the third section of chapter wa'tlrVund'*"^' 
one hundred and sixty of the acts of the year eighteen bonds, 
hundred and seventy, to issue bonds to an amount not ex- 
ceeding one hundred thousand dollars in addition to the 
amount therein authorized to be issued, and also in addition 
to the amount authorized to be issued by chapter sixty-five 
of the acts of the year eighteen hundred and seventy-one, 
upon like terms and conditions, and with like powers in all 
respects as are provided in said chapter one hundred and 



34 1872. Chapters 36, 37. 

sixty of the acts of the year eighteen hundred and seventy, 
for the issue of bonds of said town. 

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

Approved February 23, 1872. 
Chap. 36. An Act to provide for the construction op a double track 

BY THE EASTERN RAILROAD COMPANY UPON ITS SAUGU8 BRANCH 
RAILROAD. 

Be it enacted, Sfc, as follows: 

Eastern Rail- SECTION 1. So much of sectiou One of chapter three huu- 
doubi^track" * drcd and thirty-five of the acts of the year eighteen hundred 
Branch! ^""^"^ and sixty-scveu, as provides that the provisions of said chap- 
ter shall not authorize the Eastern Railroad Company to lay 
a double track upon any part of the so-called Saugus Branch 
Railroad from Maiden to Lynn, is hereby repealed. 
Section 2. This act shall take effect upon its passage. 

Approved February 24, 1872. 

Chap. 37. -^^ ^^'^ "^^ AUTHORIZE THE BOSTON, BARRE AND GARDNER RAILROAD 
"' ' CORPORATION TO EXTEND ITS RAILROAD FROM GARDNER TO WIN- 

CHENDON. 

Be it enacted, §t., as follotos : 

Bo^t°"'?,fff' Section 1. The Boston, Barre and Gardner Railroad 
Kaiiroad Cor- Corporation may extend its railroad, with one or more 
extendTO™d^o ti'acks, from its present northerly terminus in Gardner, 
winchendon; northerly, to somc convenient point on the line of the 
Cheshire Railroad Company, or of the Monaduock Railroad 
Company in Winchendon. 
-may enter SECTION 2. Said Corporation may enter with its railroad 

wth ware*^^ upou, Unite the same with, and use the railroads of the 
SdMonlduo'ijk Ware River Railroad Company, of the Cheshire Railroad 
Eauroads; Company, and of the Monadnock Railroad Company, or of 
either of them, and said last named corporations may, 
respectively, enter with their railroads upon, unite the same 
with, and use the railroad of said Boston, Barre and Gard- 
ner Railroad Corporation, subject to the provisions of the 
general laws. 
— maycross SECTION 3. Said Bostou, Barre and Gardner Railroad 

other railroads, ^ ,. .', ., -i i ^i •tic 

commissionera Corporatioii may cross, With its railroad, the railroads of 
ioads^disl'grVe*^ Other corporatious on the line of its location, in such man- 
upon terms; j^er^ and upou such tcrms, as the parties shall agree, or, in 

case of disagreement, as the board of railroad commissioners 

shall determine, 
b^^iocatljfwuh Section 4. The extension of the railroad of said corpo- 
in one and con- ratiou, authorized by this act, shall be located within one 

structed within 
two years. 



1872.— Chapters 38, 39, 40. 35 

year, and constructed within two years from the passage of 
this act. 

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

Approved February 24, 1872. 
An Act to reduce the capital stock of the falmouth heights (Jfidp^ 3g^ 

LAND AND WHARF COMPANY. ^ 

Be it enacted, ^c, as follows : 

Section 1. Tlie capital stock of the Falmouth Heights ^apjtai stc«;k^^ 
Land and Wharf Company shall be twenty thousand dollars, ^^' '^ ■" ' 
to be divided into shares of one hundred dollars each : pro- Proviso. 
vided, 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 2. Section three of chapter two hundred and l^/gP^j'*^"^ ^^^^• 
seventy-eight of the acts of the year one thousand eight 
hundred and seventy-one is hereby repealed. 

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

Approved February 26, 1872. 



An Act to extend the time for locating and completing the 
gloucester and lane8ville railroad. 



Chap. 39. 

Be it enacted, ^-c , as follows : 

Section 1, The time for locating the Gloucester and Time for locn- 

- '^- 1 r! i J e tiou and coni- 

Lanesville Kailroad is hereby extended to the nrst day oi pietion ex* 
June, in the year eighteen hundred and .seventy-five, and 
the further completion of the same to the first day of June, 
in the year eighteen hundred and seventy-seven. 

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

Approved February 26, 1872. 



Chap. 40. 



An Act to revive the charter op the east walpole branch 
railroad company. 

Be it enacted, Sj-c, as follows : 

The charter of the East Walpole Branch Railroad Com- charter re- 
pany, incorporated by chapter thirty-five of the acts of the forioca^uonlnd 
year one thousand eight hundred and sixty-eight, is hereby ^°^|*'^)f]^°*^ 
revived ; tlie time for the organization of said company is 
hereby extended two years ; and the time for locating and 
constructing said road, and the road authorized by chapter 
three hundred and forty-one of the acts of the year one thou- 
sand eight hundred and seventy-one, for three years from 
the passage of this act. Approved February 26, 1872. 



36 1872.— Chapters 41, 42, 43. 

Chap. 41. ^^ '^*^1" '''O EXTEND THE TIME WITHIN WHICH THE WORCESTER AND 
NASHUA RAILROAD COMPANY MAY TAKE LAND AND MATERIALS, 
AND FILE ITS LOCATION. 

Be it enacted^ ^c, as foUoios : 

Time for taking SECTION 1. The time witliin which the Worcester and 

liinci tor Jin aci- » -r» • i i /-^ 

ditionai track Nashua Railroad Company may take land and materials for 
an additional track, and file a location of the same, as pro- 
vided in chapter ninety-one of the acts of the year one thou- 
sand eight hundred and seventy, is hereby extended to 
March seventeenth, in the year one thousand eight hundred 
and seventy-five. 

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

Approved February 26, 1872. 

Chap. 42. -^^ ^^"^ ^^^ "^^^ PRESERVATION OF BOOKS AND OTHER PROPERTY 
■^* * BELONGING TO PUBLIC LIBRARIES. 

Be it enacterl, §'c , as follotos : 

Penalty for de- SECTION 1. Whocvcr wilfully and maliciously or wanton- 

lacing books, , i • i • • • i p 

&c, in public ly and without cause writes upon, injures, deiaces, tears or 
1 raues. dcstroys any book, plate, picture, engraving or statue, be- 

longing to any law, town, city or other public library, shall 
be punished by a fine of not less than five dollars nor more 
than fifty dollars, or by imprisonment in the jail not exceed- 
iwg six months for every such offence. 
Repeal. SECTION 2. Chapter sixty-nine of the acts of the year one 

thousand eight hundred and sixty-seven is hereby repealed. 

Approved February 26, 1872. 
Chap. 43. An Act to increase the number of assistant clerks in the 

MUNICIPAL court OF THE CITY OF BOSTON FOR CRIMINAL BUSINESS. 

Be it enacted, §'c., as follows: 

Clerk of muni^i- SECTION 1. The clcrk of the municipal court of the city 
ton niayappoiut of Bostoii, for thc trausaction of criminal business may, sub- 
c°erks''sub-'^"'^ jsct to the approval of the justices of said court or a majority 
oTth°just'iceI*' ^^ them, appoint four assistant clerks who shall be removable 
and ije remov- at his pleasurc, and for whose doings he shall be responsible, 
pleasure. two of whom shall be styled first assistant clerks, and two 

second assistant clerks. The first assistant clerks shall re- 
ceive an annual salary of two thousand dollars each, and the 
Salaries. secoud assistant clerks shall receive an annual salary of 

eighteen hundred dollars each. The said assistant clerks 
shall have the same powers and duties, and shall have their 
salaries paid in the same manner, as now provided by law. 
Repeal. SECTION 2. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

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

Approved February 27, 1872. 



1872.— Chapters 44, 45. 37 

An Act to provide for the appointment of an assistant-clkrk QJiq^^ 4^4^ 

OF the municipal court for the southern district of boston. ^' 

Be it enacted, §'c., as follows : 

Section 1. The clerk of the municipal court for the ^/^^[{'couTof' 
southern district of Boston, may, subject to the approval of ^°i^^'g7Bo"t;n 
the justice of said court, appoint an assistant-clerk, who shall may appoint an 
be removable at his pleasure, and for whose doings he shall the'approvl[i of 
be responsible ; and said assistant-clerk shall receive an thejustice. 
annual salary of eight hundred dollars, to be paid out of the salary. 
treasury. Said assistant-clerk shall be qualified in the same 
manner and perform the like duties as are now provided in 
case of the assistant clerks of the municipal court of Boston. 
Section 2. This act shall take effect upon its passage. 

Approved February 27, 1872. 
An Act to abolish the state almshouses at bridgewater QJ^j^^ 45^ 

AND MONSON. ' * 

Be it enacted, Sfc, as follows : 

Section 1. The state almshouses at Bridgewater and Mon- state aims- 
son are hereby discontinued, and the buildings now occupied Bridgewater 
by them shall be used respectively for the purposes of the dFs'co'^uiJme'd, 
state workhouse and the state primary school; and, as soon and used tor a 

r>i'i 11 111 "tate worK- 

as practicable, the mmates of the said state almshouses shall house and a 
be transferred to the state almshouse at Tewksbury, in the scho^of,-'™*'^'*' 
manner provided by section four of chapter two hundred and ^insierredto"^ 
forty of the acts of the year eighteen hundred and sixty-three. ^t'^TewkThu""'^ 

Section 2. The several cities and towns may, at their Towns may 
own expense, send to the state almshouse at Tewksbury, to pers to'U^ate" 
be maintained at the public charge, all paupers who may fall f]'™ir'o''^"Q'^ex- 
into distress therein, not having a settlement within the Com- pense. 
monwealth : provided, that whenever the distance between proviso. 
such city or town and the state almshouse, by the usual 
route, exceeds thirty miles, the city or town shall be reim- 
bursed by the Commonwealth, upon bills approved by the 
general agent of state charities, for the expense of transpor- 
tation in excess of thirty miles, at a rate not exceeding three 
cents a mile, by the usual route, for each state pauper thus 
sent. 

Section 3. The board of state charities may, from time to Board of state 
time, select for support at the state workhouse and the state transilTsuul 
primary school, any state paupers whose labor, in domestic paupers from 
or other service at those institutions, may contribute to the house to the 
cost of their support, or whose maintenance at the same may, Lo1ilse^°id^s(ate 
for special reasons, be deemed expedient; and in case of an primary school. 
emergency, it may cause any inmates of the state almshouse 
at Tewksbury, to be transported to the said institutions, there 
to be supported while the emergency continues : provided, Proviso. 



38 



1872.— Chapters 46, 47. 



Inspectors and 
superintend- 
tnts continued 
iu office. 



Repeal. 



Chap. 46. 



Repeal of Gen. 
Stats. 83, § 14. 

Amendment to 
Gen. Stats. 83, 
§ 15. 



Chap. 47, 



Dividing line 
established be- 
tween Dover 
and Walpole. 



nothing herein contained shall be construed to authorize the 
board of state charities to transfer any inmate of the state 
almshouse to the state workhouse as a punishment for crime. 

Section 4. The inspectors and superintendents of the state 
almshouses at Bridgewater and Monson are hereby continued 
in office, according to their present tenures, as inspectors and 
superintendents of the state workhouse and the state primary 
school respectively, and shall hereafter be designated as such 
respectively, and be appointed in the manner now provided 
for the appointment of the inspectors and superintendents 
of the state almshouses ; and they shall have the same pow- 
ers, and perform the same duties, and receive the same com- 
pensation, as are now provided in the case of the inspectors 
and superintendents of the state almshouses, except as are 
specially provided in the acts relating to the state workhouse 
and the state primary school. 

Section 5. Section thirty-six of chapter seventy-one of 
the General Statutes is hereby repealed. 

Section 6. This act shall take effect on the first day of 

May next. Approved February 27, 1872. 

An Act to amend chapter exghty-thrf.k of the general 
statutes, in relation to the seizure of vessels with shell- 
fish on board. 

Be it enacted, Sfc, as follows: 

Section 1. Section fourteen of chapter eighty-three of 
the General Statutes is hereby repealed. 

Section 2. Section fifteen of said chapter is hereby 
amended by striking out the word " four " in the first line and 
inserting in the place thereof the word " three." 

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

Approved February 27, 1872. 
An Act to establish the dividing line between dover and 

WALPOLE. 

Be it enacted, Sfc, as follows: 

Section 1. The dividing line between the towns of Dover 
and Walpole, is hereby established as follows, to wit : Begin- 
ning at the point where the northerly line of the road from 
Dedham to Medfield, as located by the county commissioners 
of the county of Norfolk, the third day of June, in the year 
eighteen hundred and sixty-two, crosses the westerly boun- 
dary line of the town of Dedham ; thence running north- 
westerly, along the north-easterly line of said road, as so 
located, about one hundred and nineteen and a half rods, to 
a point opposite a stone monument, marked D. W., on the 
southerly side of said road ; thence crossing over to said stone 
monument, at the southerly side of said road ; thence run- 



1872.— Chapters 48, 49, 50. 39 

ning north westerly, south-westerly and westerly, along the 
southerly line of said road, as so located, about two hundred 
and twelve and a half rods, to the easterly boundary line of the 
town of Medfield ; and all the territory which has heretofore 
constituted a part of either of said towns of Dover or Walpole, 
which lies northerly of the line hereby established, shall here- 
after constitute a part of said town of Dover ; and all of said 
territory lying southerly of said line, shall hereafter consti- 
tute a part of said town of Walpole. 

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

Approved February 27, 1 872. 
An Act to change the name op the " parks and wade carpet (7A<1». 48 

COMPANY " OF PALMER. ^ ' 

Be it enacted, Sfc, as follows : 

Section 1. The corporate name of the " Parks and Wade Name changed. 
Carpet Company " of Palmer is hereby changed to that of the 
" Parks Carpet Company." 

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

Approved February 27, 1872. 

An Act to revive and continue in force an act to incorpo- ^j iq 

rate the hingham and coha8set mutual fishing insurance ^f^^p' ^'^• 

COMPANY. 

Be it enacted, Sfc, as follows : 

Section 1. Chapter thirteen of the acts of the year one charter revived 
thousand eight hundred and fifty-two, entitled An Act to and continued. 
incorporate the Hingham and Cohasset Mutual Pishing In- 
surance Company, is revived, and shall be continued and 
remain in force from and after the twelfth day of February, 
in the year one thousand eight hundred and seventy-two ; 
and said company shall continue to have and enjoy all the 
powers and privileges, and be subject to all the duties, liabil- 
ities and restrictions set forth in all general laws, which now 
are or hereafter may be in force applicable to such corpora- 
tions, in like manner and to the same effect, as if said act of 
incorporation had contained no limitation of time. 

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

Approved February 27, 1872. 

An Act to incorporate the holliston savings bank. Chan. 50 

Be it enacted, Sfc, as follows : 

Section 1. William S. Batchelder, Thomas E. Andrews, corporators. 
William R. Thayer, Orrin Thompson, their associates and 
successors are hereby made a corporation by the name of ^ole^ ^^^ ^^^' 
the Holliston Savings Bank, to be established in the town of 
Holliston ; with all the powers and privileges, and subject to 
all the duties, restrictions and liabilities set forth in all gen- dutTeT *°*^ 



40 1872.— Chapters 51, 52, 53. 

eral 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 February 27, 1872. 
Chap. 51. An Act to extend the time for locating the Massachusetts 

CENTRAL RAILROAD. 

Be it enacted, fyc, as follows : 
tioTextended. SECTION 1. The time for locating the Massachusetts Cen- 
tral Railroad from Stony Brook, westward, is hereby ex- 
tended to the first day of June in the year one thousand 
eight hundred and seventy-four. And said company may 
file the location of its railroad in the county of Hampshire 
from some point on King street, in Northampton, to the 
easterly boundary of the town of Greenwich, there to con- 
nect with its location in the county of Worcester. 

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

Approved February 27, 1872. 

Chci'D 52 "^^ ^^^ ^^ AUTHORIZE THE TOWN OF EVERETT TO RAISE ADDITIONAL 
-* * * FUNDS TO COMPLETE THEIR WATER WORKS. 

Be it enacted, ^c, as follows : 

May raise SECTION I. The town of Everett is hereby authorized for 

tton or loan tcf' the purposcs mentioned in chapter two hundred and five of 
wo^ks!*^^ ^'^^^^ the acts of the year eighteen hundred and seventy-one, to 
raise by taxation, or by borrowing from time to time, an 
amount not exceeding fifty thousand dollars in addition to 
the amount therein authorized, upon like terms and condi- 
tions, and with like powers in all respects as are provided in 
said act for the raising of money. 

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

Approved February 27, 1872. 

ChaV 53 "^^ ^^^ ^^ AUTHORIZE THE FORMATION OF RAILROAD CORPORATIONS. 

Be it enacted, Sfc., as follows : 

Twenty-five SECTION 1. Auv number of persons, not less than twenty- 

persons, a ma- . . J , . . ^ , , . p i • 

jority being in- five, a majority of them being inhabitants or this state, may 

s'tat'erma/be ^ associatc themsclves together by articles in writing, with the 
col^oratfoii?'^'^ intention of forming a corporation for the purpose of locat- 
ing, constructing, maintaining and operating a railroad for 
public use in the conveyance of persons and property ; and, 
upon complying with the provisions of section ten of this 
act, shall, with their associates and successors, be and remain 
dutTeY^ '^'^'^ a corporation, with all the powers and privileges, and sub- 
ject to all the duties, liabilities and restrictions set forth in 
all general laws which now are or hereafter may be in force 



1872.— Chapter 53. 41 

relating to railroad corporations, except as is herein other- 
wise provided. 

Section 2. The articles of association shall set forth the Articles of as- 

„ , . • • /> ii •! J sociation to set 

name oi the corporation ; the termnii oi the railroad pro- forth gauge and 
posed to be built ; its length, as near as may be, and the ami'nainfs'"of "^ 
name of each city, town and county through or into which it P'f;?p^i"ex- 
will extend ; and the gauge of the railroad, which shall be tends, etc. 
either four feet eight and a half inches or three feet ; the 
amount of the capital stock of the corporation, which shall aSd'sharl^*!^ 
not be less than fifteen thousand dollars for each mile of 
road, when the gauge is four feet eight and a half inches, 
and not less than eight thousand dollars for each mile when 
the gauge is three feet, and divided into shares of one hun- 
dred dollars each ; and the names of at least nine persons 
to act as a board of directors until others are chosen by the Directors- 
corporation. Each associate shall subscribe to the articles 
his name, residence, post-office address, and the number of 
shares of stock which he agrees to take ; but no subscriber 
shall be bound to pay beyond ten per centum of tlie amount 
of his subscription, unless a corporation is duly established 
under the provisions of this act. 

Section 3. The corporate name assumed shall be one corporate 
not in use by any other railroad corporation in this state, use by another 
shall contain the words " railroad company " at the end »*i^''''^'^- 
thereof, and shall be changed only by act of the legislature. 

Section 4. The directors shall be subscribers to the Directors to be 
articles of association, and a majority of them shall be in- Irticieaofasso- 
habitants of this state. They shall appoint a clerk to keep majoruV'*tob'e 
a record of their doings, and a treasurer, who shall hold 'g"^\g'!^*'^°*^ °^ 
their respective offices until a clerk and treasurer of the cor- 
poration are chosen. The directors shall fill any vacancy in de^^audueas- 
their board, or in the office of clerk or treasurer, caused by ^^t^ojinva- 
resignation, death, or other disability. cancies. 

Section 5. The directors shall cause a copy of the arti- Articles of asso- 

. . 1 T 1 T • ciation to be 

cles 01 association to be published in one or more news- published in 
papers in each county in which the road is proposed to be and p''o'^ted\ 
located, at least once a week for three successive weeks, rordLlo be 
and also cause a copy of said articles to be posted in each located. 
city or town in which said road is proposed to be located, at 
least three weeks before proceeding to fix the route of said 
road. The sworn certificate of the clerk shall be evidence 
of the posting and publication. 

Section 6. The directors shall prepare a map of the pro- Map of route to 
posed route on an appropriate scale ; with a profile thereof geth'eTw'ith T 
on a vertical scale of ten to one as compared with the hori- ^^ifui "j^gin. 
zontal scale ; and with the report of a skilful engineer, eer. 
6 



42 1872.— Chapter 53. 

based on actual examination and survey, showing the kind 
and amount of excavation, filling, bridging and masonry 
required, the number of highways and other railroads, if 
any, and of navigable streams and tide-waters to bo crossed, 
and the manner of crossing the same, the general profile of 
the surface of the country through which the road will pass, 
the feasibility of the route, the manner of constructing the 
road, and a detailed estimate of the cost of construction. 
Kfgf towns Section 7. Whenever the selectmen of any town or the 
and cities may mayor and aldermen of any city named in the articles of 
bydfreTtor"Cd association, after notice to parties interested within the town 
selectmen, etc. qj. ^ity, exhibition of the map, and hearing, shall agree with 
the directors as to the proposed route or any route of their 
railroad in said town or city, such agreement shall be suffi- 
cient to fix the same ; and said selectmen or mayor and 
aldermen shall sign a certificate of the same, setting forth 
said route, to be given to the directors. 
ag?eedlpou°*it SECTION 8. Whenever the directors fail to agree with the 
maybe tixed by Selectmen of any town or the mayor and aldermen of any 
miVsioner^.™" city as to the route of their railroad in such town or city, 
said directors may petition the board of railroad commis- 
sioners to fix the route in said town or city, who, after due 
notice to said selectmen or mayor and aldermen, shall hear 
the parties and fix the route in such town or city. Said 
board shall make a certificate setting forth the route as fixed 
by them ; and the same shall be certified by the clerk of 
said board to the directors The costs of the petition shall 
iTom''tii°t route ^^ P^'^ '^^ *^^^ directors. All variations from the route first 
to be made up- proposcd shall be made upon the map. 
When capital SECTION 9 Whcu the amouut of Capital stock named in 
ba°tfbe'i?*^8ub-'* section two has been subscribed to the articles of association 
tenperc^nr** in good faith by responsible parties, and at least ten per 
paid in cash, ccutum of thc par valuc of each and every share thereof 
thereof and of actually paid in cash to the treasurer of the association, the 
fo"be''pre'2"n*tld dirGctors, clcrk and treasurer shall endorse upon the articles 
to railroad com- of associatiou, OF auucx thereto, their certificate, setting 
forth these facts, and that it is intended in good faith to 
locate, construct, maintain and operate the railroad fixed as 
aforesaid, and shall also annex to said articles said certifi- 
cate of publication and the several certificates fixing the 
route of said railroad, and shall present the same to the rail- 
road commissioners, together with the map and report of 
the engineer for their inspection ; and said map shall be 
deposited with said commissioners. 
ArticieBofagso. SECTION 10. Whenever it is shown to the satisfaction of 

cration to be i /. -i t • • ^ , ^ 

certified by the Doard of railroad commissioners that the requirements 



1872.— Chapter 53. 43 

of tins act preliminary to the establishment of the corpora- commiMionprs 

1 TT-ii 1 T o • 1 i J when the law 

tion have been comphed with, the clerk oi said board, upon has been com- 
their order, shall endorse upon the articles of association or ^ ® ^^* ' 
annex thereto, a certificate, setting forth the fact that the 
requirements of the law appear to have been complied with. 
The directors shall thereupon file the articles of association, — tobefliedia 
with all the certificates endorsed thereon or ann'^xed thereto, t^rof*^thT^" 
in the office of the secretary of the Commonwealth ; who, [ifg'^tlSe^wito '^ 
upon the payment to him of fifty dollars, shall record the au certificates. 
same in a book to be kept for that purpose, and shall issue Fee for record- 
a certificate substantially in the following form : — '°^" 

Commonwealth of Massachusetts. 

Be it known that whereas [names of the subscribers to the articles of ^'^J'^ 'he'^-^^^% 
association] have associated themselves with the intention of forming a by the secre- 
corporation under the name of the [name of the corporation] for the pur- tary. 
pose of locating, constructing, maintaining and operating a railroad 
[description of the road as in the articles of association] and have com- 
plied with the statutes of this Commonwealth in such cases made and 
provided : now, therefore, I, [name of the secretary] secretary of the 
Commonwealth of Massachusetts, do hereby certify that the persons afore- 
said, their associates and successors, are legally established as a corpora- 
tion, under the name of the [name of the corporation], with all the powers 
and privileges, and subject to all the duties, liabilities and restrictions set 
forth in all general laws which now are or hereafter may be in force 
relating to railroad corporations 

In witness whereof, I have hereunto subscribed my official signature, 
and affixed the seal of said Commonwealth, this day of in the 

year [Day, month and year]. 

The certificate, so executed, shall be recorded with the 
articles of association ; and the original certificate, or a 
duly certified copy of the record thereof, shall be conclusive 
evidence of the establishment of the corporation at the date 
of such certificate. All moneys received by the secretary 
under this section, shall be included in his quarterly returns 
of fees, and paid into the treasury. 

Section 11. The first meeting of the corporation shall First meeting 
be called by a notice signed by a majority of the directors, ° '=''^p°^* ''*'^* 
stating the time, place and purpose of such meeting ; and 
the clerk shall, seven days at least before the day appointed 
therefor, deliver to each subscriber, or leave at his usual 
place of business or residence, or deposit in the post-office, 
prepaid, and directed to him at his post-office address, a 
copy of such notice. The clerk shall make an affidavit of 
his doings in regard thereto, which shall be recorded with 
the records of the corporation. 

Section 12. Such corporation may enter with its railroad ^^un^e'^^uh* 
upon, unite with and use any other railroad which it may other roads. 



44 



1872.— Chapter 53. 



May cross roads 
at grade, etc., 
only as railroad 
commissioners 
approve. 



May cross nav- 
igable waters, 
subject to ap- 
proval of har- 
bor commis- 
sioners. 

Location of 
road may be 
changed by 
county commis- 
sioners, if any 
party is unnec- 
essarily dam- 



Compensation 
of commission- 
ers, how paid, 

etc. 



Map, profile, 
etc., to be filed 
in offlce of sec- 
retary within 
one year after 
completion of 
road. 



Capital stock 
may be increas- 
ed; certificates 
thereafter be 
filed with sec- 
retary. 



cross or meet, subject to the provisions of lavf ; but such 
railroad shall not in any case cross at grade any other rail- 
road ; nor shall it be constructed across an existing railroad 
except in such manner as shall be approved by the board of 
railroad commissioners, nor. across navigable or tide-waters, 
except with the approval of the board of harbor commission- 
ers, and in such manner as shall be approved by the last- 
named board. 

Section 13. Whenever any party is aggrieved by the 
location of such railroad, by reason of its crossing his land 
in such manner as to be of grievous damage, when such 
damage could be avoided without serious injury to others, 
such party shall have the right, within thirty days after hav- 
ing been furnished with the plan required by law, of his 
land taken for the construction of the road, to petition the 
county commissioners of the county where the land lies, 
who shall give due notice and hear the parties. And if it 
shall appear that such location will greatly sLnd unnecessa- 
rily damage the complainant, and that the same can be 
changed so as to avoid such damage, in whole or in part, 
without material detriment to the line of the railroad, and 
without great injury to other parties, the commissioners 
shall change such location accordingly. Said commissioners 
shall hear the parties, either at their regular meeting or at a 
meeting called by their chairman for the purpose, and shall 
make and give to each party a certificate of their determina- 
tion in the premises, within sixty days after receiving the 
petition. The compensation of said commissioners, which 
shall not exceed five dollars per day, their necessary ex- 
penses and tlie costs of the petition, shall be paid by the corpo- 
ration, unless the commissioners shall decide that the petition 
was frivolous, in which case such compensation, .expenses 
and costs shall be paid by the petitioner. And such compen- 
sation and expenses of the commissioners shall be retained 
by them to their own use. 

Section 14. Within one year after its road is completed 
and put in operation, the corporation shall cause a map and 
profile thereof, with tables of grade and curvature, and a 
statement of the other characteristics of the road, in such 
form as the board of railroad commissioners may prescribe, 
to be certified by its president and engineer, and filed in the 
office of the secretary of the Commonwealth. 

Section 15. If the capital stock of the corporation is 
found to be insufficient for the construction or equipment of 
its road, the directors, upon being authorized by a majority 
of the votes at a meeting of the stockholders called for the 



1872.— Chapters 54, 55, 56. 45 

purpose, may increase the same from time to time, to the 
amount necessary for the purposes aforesaid, a certificate of 
which shall be filed with the secretary of the Commonwealth. 

Section 16. "Whenever the corporation does not begin construction of 

ji • f • ^ 1 1 A^ iiil road to be com- 

the construction ot its road and expend thereon at least ten menced within 
per centum of the amount of its original capital stock, tobecompmed 
within two years after the date of the certificate of its '"'jthJ^ fo"i' 
establishment, and does not complete and put in operation 
its road within four years after said date, its -corporate 
powers and existence shall cease. 

Section 17. No other railroad corporation shall subscribe stock and 
for, take or hold any stock or bonds of any railroad corpo- heid'b^anoth^x 
ration organized under this act, whether directly or indi- ration'!''ex°c'?p°t 
rectly, unless specially authorized by the legislature. by authority of 

Section 18. The provisions of this act, and the fran- pfovitious'of 
chises, rights, powers, privileges, duties and liabilities of fra^cM'^es^etc., 
railroad corporations established under this or any other ^eMfmay be'" 
general act, may be altered, amended or repealed, and the '''^f'""^'^/^'','*^: 
legislature may annul or dissolve any such corporation. "ature, ^ '^'''^' 

Section 19. This act shall take effect upon its passage. 

Approved February 28, 1872. 



An Act to extend the times for commencing and completing 
the cape cod ship canal. 



Chap. 54. 

Be it enacted, Sfc, as follows : 

Section 1 . The times fixed by chapter thirty-six of the Times for com- 
acts of the year eighteen hundred and seventy, for commenc- ™mpie\nfg"ex- 
ing and completing the Cape Cod Ship Canal are hereby ex- tended. 
tended three years. 

Section 2. This act shall take effect upon its passage 

Approved February 28, 1872. 
An Act in addition to an act concerning the draw in charles Chap. 55. 

RIVER BRIDGE. -^ 

Be it enacted, Sfc , as follows: 

Section 1, The draw required in Charles River Bridge DrawinCharies 
under the provisions of chapter two hundred and seventy- havrciearop-*** 
two of the acts of the year eighteen hundred and sixty-nine, gi^'flef i869*^" 
shall have a clear opening of thirty-six feet in width, instead 272. 
of forty-four feet as provided in said act. 

Section 2. This act shall take effect upon its passage 

Approved February 28, 1872. 
An Act to incorporate the miners' sayings bank of west Chap. 56. 

STOCKBRIDGE. 

Be it enacted, ^c , as follows : 

Section 1. John J. Loughson, George W. Knifiin, Law- corporators. 
rence Moffat, their associates and successors, are hereby made 



46 1872.— Chapters 57, 58, 59. 

^^^g^e and pur- a corporatioii by the name of the Miners' Savings Bank of West 
Stockbridge, to be located in West Stockbridge ; with all the 

duties? ^^'^ 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 applicable to institutions for 
savings. 

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

Approved February 28, 1872. 
Chap. 51. An Act to authorize Nicholas varina to extend his wharf 

IN NEWBURYPORT. 

Beit enacted, ^c, as follows: 

whLriuNlw- Section 1. Nicholas Varina of Newburyport, is hereby 
buryport. Hceused to cxtcud his wharf on Merrimack River, in Newbury- 
port, not exceeding fifteen feet into the stream, the exact 
limits of such extension to be prescribed by the harbor com- 
missioners, 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 2, This act shall take effect upon its passage. 

Approved February 28, 1872. 

Chap. 58. ^''^ '^^'^ '^O AUTHORIZE DANIEL W. FULLER TO CONSTRUCT A WHARF 
■* IN MAGNOLIA VILLAGE IN GLOUCESTER. 

Be it enacted, §'c., as follows: 
May construct SECTION 1. Liccuse is hereby granted to Daniel W. Ful- 
cester. ler to build a whari at Magnolia Village m Gloucester, irom 

his own laud, within such limits as the harbor commissiou- 
ers shall prescribe, subject to section four of chapter one hun- 
dred and forty -nine of the acts of the year eighteen hundred 
ai)d 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, 1872. 



Chap. 59. 



An Act to authorize jamks damon and william g. brown 

TO extend their wharves in IPSWICH RIVER. 

Be it enacted, fj'c , as follows: 
May extend SECTION 1. Liceusc is hereby given to James Damon and 

wharves on .__. r^ rt t P • • ^ 

Ipswich Kiver. William (i. Jirowii to cxtcud tlicir respective wharves on 

Ipswich River, within such limits as the harbor commissioners 

Proviso 1806, may determine and direct : provided^ that all things done under 

149, § 4; 1S09, ^|jjjg ^^^ shall bc subjcct to the provisions of the fourth section 

of chapter one hundred and forty-nine of tlie acts of the year 

eighteen hundred and sixty-six, and of chapter four hundred 



1872.— Chapter 60. 47 

and thirty-two of the acts of the year eighteen hundred and 
sixty-nine, so far as applicable. 

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

Approved February 28, 1872. 



THE VERMONT AND MASSACHUSETTS RAILROAD AND FOR OTHER 



Chap. 60. 



An Act to extend the time 

the vkrim 

purposes. 
Be it enacted, Sfc, as follows : 

Section 1. The time of locating any railroad under the Time for loca- 
provisions of an act entitled "An Act authorizing the Ver- *^''" extended. 
mont and Massachusetts Railroad Company to construct and 
maintain tracks on the line of their railroad and for other 
purposes," passed May twenty-sixth, in the year eighteen 
hundred and sixty-nine, is hereby extended three years, and 
the time for constructing the same five years, each, from the 
passage of this act. 

Section 2. The Vermont and Massachusetts Railroad $1,500,000 in 

_, • 1 1 ^ • -I ■ 11 ^• bonds may be 

(Jompany is hereby authorized to issue bonds not exceeding issued, convert- 
fifteen hundred thousand dollars in amount, payable at such at houier's*'^ 
times as may be fixed therein, not exceeding twenty years ^p^^^^- 
from their respective dates, with interest not exceeding seven 
per centum per annum, payable semi-annually, and with the 
right to the holder to convert such of said bonds as are so 
designated, at the holder's option, into the capital stock of 
said company at the par value of said stock and bonds, at 
such time, and on such terms, as may be fixed in said bonds : 
provided, that any or all of said bonds may be issued without proviso, 
such right of conversion. 

Section 3. Said company is hereby authorized, in con- Location of 
nection with the location and construction of the railroad changed!**^ 
between Turner's Falls and Grout's Corner, authorized by 
chapter two hundred and seventy-one of the laws of the year 
eighteen hundred and seventy, to change its location from 
a point east of Grout's Corner, for a distance not exceeding 
two miles, for the purpose of avoiding one or more of its 
bridges over Miller's River, and also to change the location 
of its railroad in the town of Montague, and in the easterly 
part of Deerfield : provided, that such change shall not be proviso. 
made unless by previous consent of the town of Montague, 
given at a meeting called for the purpose. 

Section 4. Said company is hereby authorized to increase $1,500,000 addi- 
its capital stock to an amount not exceeding fifteen hundred tionai 'capital 
thousand dollars, no part of which shall be issued at lets than 
the par value thereof: provided, thdii the whole amount of Proviso, 
stock and bonds issued, under this act, shall not exceed said 
sum of fifteen hundred thousand dollars. 

Approved February 28, 1872. 



48 



1872.— Chapter 61. 



Chap. 61. 



Town of Hoi- 
brook incorpo- 
rated. 
Territorial 
limits. 



Inhabitants to 
pay to Ran- 
dolph arrears 
of taxes, also 
proportion of 
county and 
state taxes un- 
til next state 
valuation. 



Liability for 
support of 
paupers. 



An Act to incorporate the town of holbrook. 

Be it enacted, ^c, as follows : 

Section I. All the territory now within the town of Ran- 
dolph, in the county of Norfolk, comprised within the follow- 
ing limits, that is to say : beginning at the stone monument 
in the line between said Randolph and the town of Braintree, 
on the easterly side of Tumbling Brook ; thence, taking a 
south-westerly course, in a straight line, to a point six feet 
westerly from the north-westerly corner in range of the 
northerly side of the so-called East Randolph station house 
of the Old Colony and Newport Railroad Company ; thence, 
the same or other south-westerly course to a point on the 
town line dividing Randolph and Stoughton, one hundred 
and fourteen rods south-easterly from the town stone monu- 
ment in said last mentioned dividing line, at the southerly 
terminus of Main street in said Randolph ; thence, south-east- 
erly, north-easterly, northerly and westerly as the present 
dividing line between said Randolph and Stoughton, North 
Bridgewater, Abington, Weymouth and Braintree runs, to 
the first-mentioned bound, is hereby incorporated into a town 
by the name of Holbrook ; and said town of Holbrook is 
hereby invested with all the powers, privileges, rights and 
immunities, and is subject to all the duties and requisitions 
to which other towns are entitled and subjected by the con- 
stitution and laws of this Commonwealth. 

Section 2. The inhabitants of said town of Holbrook 
shall be holden to pay all arrears of taxes which have been 
legally assessed upon them by the town of Randolph, and all 
taxes heretofore assessed and not collected, shall be collected 
and paid to the treasurer of the town of Randolph in the same 
manner as if this act had not been passed ; and also their pro- 
portion of all county and state taxes that may be assessed 
upon them previously to the taking of the next state valua- 
tion, said proportion to be ascertained and determined by 
the last valuation in the said Randolph. 

Section 3. Said towns of Randolph and Holbrook shall 
be respectively liable for the support of all persons who now 
do or shall hereafter stand in need of relief as paupers, whose 
settlement was gained by or derived from a settlement gained 
or derived within their respective limits ; and the town of 
Holbrook shall also pay annually to the town of Randolph 
one-third part of all costs of the support or relief of those per- 
sons who now do or shall hereafter stand in need of relief or 
support as paupers, and have gained a settlement in said 
town of Randolph, in consequence of the military services of 
themselves or those through whom they derive their settle- 
ment. 



1872.— Chapter 61. 49 

Section 4. The corporate property belonging to tlie town Division of cor- 
of Randolph at the date of the passage of this act, and the Eiews"'^^'^*^ 
public debt of the said town existing at said date, shall be 
divided between the towns of Randolph and Holbrook accord- 
ing to the valuation of the property within their respective 
limits as assessed May first, in the year eighteen hundred 
and seventy-one ; and said town of Holbrook shall receive 
frona said town of Randolph a proportionate part of whatever 
amount may hereafter be refunded to said town of Randolph 
from the state or United States, to reimburse said town of ^|^f"j:'s^tate 
Randolph for bounties to soldiers, or state aid paid to soldiers' aMandboun- 
. families after deducting all reasonable expenses ; and said etc! ° ""^ ^^'^^' 
town of Holbrook shall bear the expense of making the sur- py for^^Jvey- 
vey and establishing the line between said towns of Randolph jl^lf^^j^^^jfil^n^ 
and Holbrook. nne. " 

Section 5. In case said towns of Randolph and Holbrook J^.o^jj^jfy^^^"/ 
shall not agree in respect to a division of property, debts, or debts is not 

,. -.1 • j^/'j.i X c agreed upon, 

State or county taxes, the superior court tor the county oi award to be 
Norfolk shall, upon the petition of either town, appoint three nlil*liouer°fp- 
competent and disinterested persons to hear the parties and P°j.-o*r couVt. *"" 
award thereon ; and their award or the award of any two of 
them, being accepted by said court, shall be final. In mak- 
ing said award, said commissioners shall assign the real estate 
belonging to the town of Randolph, at the time of the pas- 
sage of this act, to the town within which said estate shall be 
situated, so far as such a division shall be practicable. 

Section 6. The town of Holbrook, until otherwise pro- ^>^,|^i^gig"tfon 
vided by law, shall continue to be a part of the jecond con- dTstricts. 
gressional district, of the second councillor district, of the 
third Norfolk senatorial district and of the ninth Norfolk 
representative district, and the voters of the town of Holbrook 
shall vote for representatives to congress, senators and rep- 
resentatives to the general court and members of the coun- 
cil, in said town of Holbrook, at meetings legally called for 
that purpose ; and the clerk of the town of Holbrook shall 
make returns and meet with the clerk of the town of Randolph, 
for the purpose of ascertaining the resvilt of the election of 
representatives for said ninth Norfolk representative district, 
and making certificates of the same, at noon on the day fol- 
lowing said election, at the town clerk's office in said Randolph. 

Section 7. Any justice of the peace within and for the First meeting 
county of Norfolk, may issue his warrant, directed to any in- town officers. 
habitant of the town of Holbrook, 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 
7 



50 1872.— Chapter 62. 

by law authorized and required to choose at their annual 
meetings ; and said warrant shall be served by publishing a 
copy thereof in some newspaper printed in the town of Ran- 
dolph, 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 Holbrook, seven days at least before such 
time of meeting. Such justice, or, in his absence, such in- 
habitant required to notify the meeting, shall preside until 
the choice of moderator in said meeting. The selectmen of 
the town of Randolph shall, before said meeting, prepare a 
to be°furnishld ^'^^ ^^ votcrs iu Said towu of Holbrook qualified to vote at 
by selectmen of said meeting, and shall deliver the same to the person pre- 
pr^idiug officer siding at such meeting before the choice of a moderator 

of meeting. thereof. 

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

Approved February 29, 1872. 

Chut). 62 "^^ "^^^ ^^ SUPPLY THE TOWN OF HOLYOKE WITH PURE WATER. 

Be it enacted, §'c , as folloios : 

^ppwit™i7 Section 1. The town of Holy oke may supply itself and its 
with pure wa- inhabitants witli pure water to extinguish fires, generate steam, 
hydrants and and for domcstic and other uses, and may establish public 
use of^watlr.^"'^ fouutaius and hydrants, and regulate their use, and may dis- 
continue the same, and may collect such rents as may be 
fixed for the use of such water, 
from AshiTv*3^' Section 2 Said town, for the purposes aforesaid, may 
and Wright's take and hold the entire waters of Ashley's and Wright's 
ponds, so called, in said town, and the waters which flow into 
and from the same, and also the waters of such brooks as 
may be conveniently diverted and conducted into said ponds ; 
May take and and may also take and hold, by purchase or otherwise, all 
necessary lands for raising, flowing, holding, diverting, con- 
ducting and preserving such waters, and conveying the same 
to any and all parts of said town, and may erect thereon 
proper dams, reservoirs, buildings, fixtures and other struct- 
ures, and make excavations and embankments, and procure 
and run machinery therefor ; and for such purposes may 
May construct coustruct and lay down conduits, pipes and drains in, under 

conduits and i j j. i -i i i i 

drains. or ovcr auy lands, water-course, canals or railroad, and along 

any street, highway, alley or other way other than a railway, 
in such manner as not to unnecessarily obstruct the same ; 
and for the purpose of constructing, laying down, maintain- 
ing and repairing such conduits, pipes and drains, and for all 
other proper purposes of this act, may draw off the water 

May dig up and from auv caual in the manner hereinafter provided, and may 

raise highways. J . ui/xi.i-i 

dig up, raise and embank any such lands, street, highway, 



1872.— Chapter 62. 51 

alley or other way, in such manner as to cause the least- 
hindrance to travel thereon ; but all things done upon any 
railroad shall be subject to the direction of tlie county com- 
missioners for the county of Hampden : provided, that within Proviso. 
ninety days after the time of taking any lands, ponds or 
water-courses as aforesaid, otherwise than by purchase, 
said town shall file in the registry of deeds for the county of 
Hampden, a description thereof sufficiently accurate for iden- 
tification, with a statement of the purpose for which the same 
is taken, signed by the water commissioners hereinafter 
named : also provided^ that no conduits, pipes or drains shall Pioviso, 
be placed over the canals or raceways, now built or hereafter 
to be built, without a clear spaceway of at least five feet for 
the passage of boats between such conduits, pipes or drains 
and the top or surface water-line of the canals when full, and 
no conduits, pipes or drains shall be laid so as to obstruct the 
free flow of water in such canals or raceways ; and provided, 
that no water shall be drawn from, or work done in, over water notto be 
or under the canals or raceways of the Holyoke Water Power work'done'^i,*"^ 
Company, excepting under the joint approval and direction °,'ec°nX*^|[^ 
of the Holyoke Water Power Company and the town of ofuoiyok^ 
Holyoke. In case said Holyoke Water Power Company and ^'^flxfe'^pt un- 
said town are unable to agree as to the time and manner of provai"oVlom- 
drawing the water from said canals, or of constructing the p?ny »»<! town 
pipes in, over or under said canals and raceways, or of repair- 
ing the same, any justice of the supreme judicial court is 
hereby authorized, in vacation or term time, upon petition 
by either of said parties, and upon such notice to the other 
party as he may order, to appoint a suitable engineer to su- 
perintend the construction and repair of said pipes in, vmder 
or over said canals or raceways, and the engineer so appoint- 
ed shall have power to do all things necessary for the proper 
construction and repair of the conduits, pipes and drains in, 
under or over said canals or raceways. 

Section 3. The town of Holyoke shall be liable to pay all Liability for 
damages sustained by any persons or corporation in their 
property by the taking of any lands, water, water-sources, or 
water-rights, or by the construction or repairing of any dams, 
aqueducts or other works, for the purposes aforesaid. If any 
person or corporation sustaining damages as aforesaid, can- 
not agree with the town upon the amount of such damages, 
they may be assessed by tiie county commissioners for the 
county of Hampden 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 



52 1872.— Chapter 62. 

.jury, and if the damages are increased by the jury the town 
shall pay all legal costs, but otherwise the said costs shall be 
paid by the party claiming damages ; and the said commis- 
sioners and jury shall have the same powers, and the proceed- 
ings shall in all other respects be conducted in the same man- 
ner, as provided in case of taking land for highways, 
^onds'^nore^x-' SECTION 4. For the purpose of paying all necessary ex- 
ceeding $250,000 penses and liabilities incurred under the provisions of this 
may e ibsuec . ^^^^ ^^.^ towu may issue coupon bonds, signed by the treas- 
urer, and countersigned by the chairman of selectmen of 
said town, to be denominated " Holyoke Water Bonds," to 
an amount not exceeding two hundred and fifty thousand 
dollars, payable at periods not exceeding thirty years from 
the date thereof, with interest payable semi annually at a 
rate not exceeding six per centum per annum ; and said town 
may sell said bonds at public or private sale, or pledge the same 
for money borrowed for the purposes of this act, upon such 
moLTby taxa- tcrms and conditions as it may deem proper, and may raise 
tion to pay moucy by taxation to pay said bonds and interest thereon 

bonds and in- iii -Tin • i 

terest. whcu due ; but said town shall not raise more than ten thou- 

sand dollars in any one year to pay the principal of said 
bonds, except the year in which the same may become due. 
JoneJs^to™™!-' Section 5. The treasurer of said town, ex officio, and six 
sistof town persons to be elected by ballot by the inhabitants, as herein- 
six persons to after providcd, sliall form a board of water commissioners, 
baifot!'^^'^ ^^ who shall exccute, superintend and direct the performance 
of all the works, matters and things mentioned in this act, 
and exercise all the rights, powers and privileges hereby 
granted, and not otherwise specifically provided for herein, 
subject to the vote of said town. 
To^l^^ected Section 6. At any Special or annual meeting ofthe in- 
one, two and habitants of said town, called for the purpose, one- third of 
ree years. ^^.^ board of watcr commissioncrs shall be elected for a term 
ending one year, one-third for a term ending two years, 
and one- third for a term ending three years from the next 
succeeding annual town meeting, after which first election 
one-third of said board, as their term expires, shall bo elected 
at the annual town meeting for the term of three years. 
Compenaation The Said commissionei's shall receive such salaries or com- 

to be fixed by • i • i i mi 

vote of the peusatiou as the said town by vote may prescribe, and a ma- 
jority of said commissioners shall be a quorum for the exer- 
cise of the powers and duties prescribed by this act. 

Commissioners SECTION 7. Said watcr Commissioners shall establish such 

to establish . n t n ■> • i 

rates for use of priccs or rcuts for the use 01 the water, as to provide annu- 
water. ^j^^^ -^^ practicable, from the net income and receipts there- 

for, for the payment of the interest of the " Holyoke Water 



1872.— Chapter 62. 53 

Bonds," and also after three years from the introduction of 
the water into said town, for tlie further payment of not less 
than one per centum of the principal of said bonds. The To set apart 
net surplus income and receipts, after deducting all expenses, as"? siuking'^*^ 
interest and charges of distribution, shall be set apart as a sink- ["ustees there- 
ing fund, and applied solely to the payment of tlie principal of. 
of said bonds until the same are fully paid and discharged. 
Said water commissioners shall be trustees of said fund, and 
shall annually, and as often as said town may require, ren- 
der an account of all their doings in relation thereto. 

Section 8. At any time after the expiration of three if the estabiish- 
years from the introduction of said water into said town, and guffidlnt'^to ^'^' 
before the reimbursement of the principal of the Holyoke ^^redpay^- 
water bonds, if the surplus income and receipts for the use ments tor inter- 
of the water distributed under this act, at the price established ma'y'be 'increas- 
by the water commissioners, after deducting all expenses and sfoners°t™be^" 
charges of distribution, shall for any two successive years, be thls'j'^c'^^ 
insufficient to pay the accruing interest on the said bonds, 
and the one per centum to the sinking fund as aforesaid, then 
the supreme judicial court, or any justice thereof, on the pe- 
tition of sixty or more of the legal voters of the said town, 
praying that the said price may be increased so far as may 
be necessary for the purpose of paying, from the said surplus 
income and receipts the said accruing interest and the 
said one per centum to the sinking fund, and upon due 
notice of the pendency of such petition, given to said town, 
in such manner as the said court shall order, may appoint 
three commissioners, who upon due notice to the parties inter- 
ested, may raise and increase the said price if they shall 
judge proper, so far as may be necessary for the purpose 
aforesaid, and no further, and the award of said commission- 
ers or the major part of them, being returned to the said 
court at the next term thereof for the county of Hampden, 
and accepted by the said court, shall be binding and conclu- 
sive for the term of three years next after the said acceptance, 
and until the prices so fixed shall, after said term, be changed 
by the said water commissioners or by said town. 

Section 9. The occupant of any tenement shall be liable occupant of 
for the payment of the rent for the use of the water in such for wa'ter, aiso^ 
tenement, and also the owner thereof shall be liable, if on upon noficeTie 
being notified of such use he does not object thereto. does^not object 

Section 10. Any person who shall use any of said water Penalty fonjs- 
without the consent of said town, or who shall wantonly or ouf con^s^Z'or" 
maliciously divert the water, or any part thereof, taken, held diverttngor'^ 
or used under the provisions of this act, or who shall wan- corrupting the 
tonly or maliciously corrupt the same, or render it impure. 



same, 
'J 



54 1872.— Chapters 63, 64. 

or who sliall wantonly or maliciously destroy or injure any 
dam, conduit, aqueduct, pipe or hydrant, or other property, 
real or personal, held, owned or used by the 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 wanton or 
malicious acts aforesaid, shall be punished by fine not exceed- 
ing one hundred dollars, or imprisonment not exceeding six 
months, or both said penalties. 
Powe'^r^cora-''*^'* SECTION 11. The Holyokc Water Power Company may, 
pany may with- at any time within two years after the introduction of water 
after intioduc- for use by the town, as aforesaid, take up or remove any 
by to?v^n^t*ake watcr-pipcs, Or connections therewith, now owned or laid by 
them^4itwa ^^ them in or upon any highway, street or alley in said town : 
said town. provided, th&t hefoTQ commencing the removal of said pipes 
the said Holyoke Water Power Company shall give a bond 
in the sum of ten thousand dollars to said town, conditioned 
to replace said streets in as good condition as they were be- 
fore said removal, and to save said town harmless from all 
damages to travellers on said highways and alleys, by reason of 
any defect therein, caused by digging up said ways as aforesaid. 
ceptlnceV"' ^"^ECTiON 12. This act shall be void unless accepted by a 
majority vote maiority of the legal voters of the town of Holyoke, present 

of the town at , ^ .-, ° , , , ,. i i j r< ^i 

meeting to be and votiug thcreon, at a legal meetnig held tor the purpose 
year.^^*^"^ '^^^ withiu ouc year from the time this act goes into effect. 

Section 13. This act shall take effect upon its passage. 

Approved March 7, 1872. 

Chap. 63. ^^ ^^'^ "^O AUTHORIZE THE LAWRENCE GAS COMPANY TO INCREASE 

ITS CAPITAL STOCK. 

Be it enacted, Sfc , as follows : 

fioMUapS' Section 1. The Lawrence Gas Company is hereby author- 
stocii. ized to increase its capital stock, by an amount not exceeding 

tvvo 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 pro- 
visions 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 7, 1872. 
Chrrt) 64 ^^ "^^^ ^^ incorporate the north avenue savings bank, op 

f^* ' CAMBRIDGE. 

Be it enacted, ^'c, as follows: 
Corporators. SECTION 1. Samuel F. Woodbridgc, William Fox Rich- 

ardson, Cornelius Dorr and Jonas C. Wellington, their asso- 



1872.— Chapters 65, 66, 67. 55 

ciates and successors, are hereby made a corporation by the 
name of the North Avenue Savins;s Bank, to be established Name and pur- 
on the territory now known as the fifth ward of the city of 
Cambridge ; with all the powers and privileges, and subject ^"^YeT ^^^ 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or hereafter may be in force 
relating to institutions for savings. 

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

Approved March 7, 1872. 



Chap. 65. 



An Act to authorize frederic tudor and william tudor to 
construct a wharf at black rock in nahant. 

Be it enacted, Sfc, as follows : 

Section 1. Frederic Tudor of Boston, and "William May construct 
Tudor of Nahant are hereby licensed to construct a wharf Rock in*Na-^*^ 
at Black Rock in Nahant, the limits of said wharf 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 2. This act shall take effect upon its passage. 

Approved March 7, 1872, 
An Act to authorize george m. cook, william jordan and ran- Qlfy^ g« 

DALL G. MORSE TO BUILD WHARVES ON NEPONSET RIVER AND MILL ■* * 

CREEK, IN BOSTON. 

Be it enacted, Sfc, as follows : 

Section 1. License is hereby given to George M. Cook, i^,X%'^g*'on Ne- 
William Jordan and Randall G. Morse, to build wharves on ponset mver 
Neponset River and Mill Creek, within such limits as the 
harbor commissioners may determine and direct : provided, Proviso. 
that all things done under this act shall be subject to the 
provisions of the fourth section of chapter one hundred and 
forty-nine of the acts of the year eighteen hundred and 
sixty-six, and to the provisions of chapter four hundred and 
thirty-two of the acts of the year eighteen hundred and 
sixty-nine, so far as applicable. 

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

Approved March 7, 1872. 
An Act to extend the time for organizing the amherst gas OhttJ). 67. 

LIGHT COMPANY. 

Be it enacted, Sfc. , as follows : 

Section 1. The time for organizing the Amherst Gas Time for organ- 
Light Company, at Amherst, is hereby extended to the ''*'"^ extended. 



56 



1872.— Chapter 68. 



Governor may 
discontinue use 
of vessel in ser- 
vice of Nautical 
School and sell 
the same. 



Trustees to 
transfer boys to 
Reform School 
at Westboro'. 



twenty-third day of March in the year eighteen hundred 
and seventy -four. 

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

Approved March 7, 1872. 

Chan 68 "^^ '^^^ ^^ abolish the Massachusetts nautical school, and 
J^' ' IN reference to commitments to the state reform school. 

Be it enacted, Sfc, as follows: 

Section 1. The governor is authorized to discontinue 
the use of the vessel now in the service of the Massachu- 
setts Nautical School, and with the consent of the council, 
to sell said vessel at any time after the first day of July, 
in the year eighteen hundred and seventy-two, and pay the 
proceeds of such sale into the state treasury. 

Section 2. The trustees of the Massachusetts Nautical 
School, upon notice to them from the governor in writing of 
his intention to discontinue the use of said vessel, shall, at 
such times prior to the first day of July, eighteen hundred 
and seventy-two, as he shall deem expedient, transfer the 
boys upon the said vessel to the State Reform School at 
Westborough, or otherwise dispose of them as is now pro- 
vided by law ; and they shall thereupon, with his approval, 
discharge those officers whose services are no longer required. 
The boys thus transferred shall be held in the State Reform 
School during the period of sentence, unless sooner dis- 
charged as provided by law, and the trustees thereof shall 
have the same powers in relation to such boys and others 
committed to the Massachusetts Nautical School and not 
discharged therefrom prior to such transfer, as now belong 
to them in relation to boys committed to the State Reform 
School. 

Section 3. The governor may draw upon the appropria- 
tion for the current expenses of said school for such sum as 
may be necessary to pay for the custody of the vessel after 
such discontinuance, and for the expenses of the sale thereof. 

Section 4. No further commitments to the Massachu- 
setts Nautical School shall be made after the passage of this 
act, and said school shall be abolished when the provisions 
of the preceding sections are complied with. 

Section 6. Boys convicted of offences for which they 
may be sentenced to the State Reform School, unless other- 
wise disposed of as provided by law, may, if between the 
ages of seven and seventeen years, be sentenced to the said 
institution, or to such other punishment as is provided for 
the offence. 



Current ex- 
penses of 
school, and ex- 
penses of sale 
of vessel. 



No further com- 
mitments to be 
made to Nau- 
tical School. 



Boys between 
ages of seven 
and seventeen 
years may be 
sentenced to 
Keform School. 



1872.— Chapters 69, 70. 57 

Section 6. On application of any three of the trustees of Board of state 

11 o/ -r-t n mil 11 i?>i i •,• charities upon 

the fetate Jtteiorm fechool, the board ot state chanties may cause application of 
any boys committed to said school to be transferred, with the form^lch'o^oiu*^' 
mittimus, to the State Primary School, there to be held {};^"s[ate*'prl*° 
upon said mittimus till the term of sentence expires, unless mary school. 
sooner discharged, in the manner now provided for discharge 
from the State Primary School ; and the order of removal, 
signed by the secretary of the board of state charities, may 
be executed by the superintendent of the said State Reform 
School, by the general agent of the board of state charities, 
or one of his deputies, by any sheriff, deputy-sheriff, any 
constable of the Commonwealth, or other constable, or any 
police officer ; and the said board may, upon application of 
the trustees of said primary school, at any time in its dis- Boys may be 
cretion, cause said boys, so transferred under its order, to be g'^tate^Reform 
returned to the State Reform School, there to be held, as if school. 
no such transfer had been made. 

Section 7. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. Approved March 7, 1872. 



An Act to establish the boundary line between mendon and 
bellingham. 



Chap. 69. 

Be it enacted, SjX., as follows: 

Section 1. The line between the towns of Mendon and Boundary line 
Bellingham, between the points hereinafter named, shall be tweei/jiendon 
established as follows, to wit : beginning at a stone monu- ^amf *^^^°^ 
ment standing upon the line between the towns of Mendon 
and Bellingham, marking the site of an ancient tree, former- 
ly known and described as Dedham tree ; thence north from 
said monument eight degrees and ten minutes east to the 
centre of Charles River ; thence up said river to the point 
where the north-easterly corner of the town of Mendon and 
the south-easterly corner of the town of Milford intersect. 

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

Approved March 7, 1872. 

An Act to authorize the selectmen of edgartown to bridge Qjid-n 70 

senchekontucket opening. ^' 

Be it enacted, Sfc, as follows: 

Section 1. The selectmen of Edgartown are hereby selectmen may 
authorized to lay out and construct a free bridge over the bridg^inET 
outlet to Senchekontucket Pond, and also to construct a dam ganown. 
or bridge across the outlet or easterly arm of Farm Pond, as a 
public highway leading from Edgartown to Eastville, in said . 
town. All things done under this act shall be subject to the 
provisions of chapter one hundred and forty-nine of the acts 
of the year eighteen hundred and sisty-six, and chapter four 

8 



58 1872.— Chapters 71, 72, 73, 74. 

hundred and thirty-two of the acts of the year eighteen hun- 
dred and sixty-nine, so far as the same may be applicable. 
Section 2. This act shall take effect upon its passage. 

Approved March 8, 1872. 

Chap. 71. -^N Act to revive the cabot bank of chicopee for certain 

purposes. 
Be it enacted, Sfc , as follows: 

to enabifprls^-*^ SECTION 1. The corporation heretofore known as the Pres- 
ident and direc- ident, Directors and Company of the Cabot Bank, and located 
real estate.^*^^ in Chicopec, is hereby revived and continued for the purpose 
of enabling the president and directors of said Cabot Bank, at 
the time when the same became an association for the carry- 
ing on the business of banking under the laws of the United 
States, to convey, assign and transfer to the First National 
Bank of Chicopee, any real estate or interests therein of said 
Cabot Bank, and for no other purpose whatever. 

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

Approved March 8, 1872. 

Chap. 72. -^^ ^^"^ '^^ authorize ABEL STORY TO CONSTRUCT A WHARF IN 

■^' ' ESSEX. 

Be it enacted, ^c , as follows: 
May construct SECTION 1. Liccnsc is hereby given to Abel Story to con- 
struct and maintain a wharf from his own land in Essex, the 
location, width and extent to be determined by the harbor 
commissioners, and subject to the provisions of chapter one 
hundred arid forty -nine of the acts of the year eighteen hun- 
dred and sixty-six, and chapter four hundred and thirty-two 
of the acts of the year eighteen hundred and sixty-nine, so 
far as applicable. 

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

Approved March 8, 1872. 

ChaT). 73. -^^ -^^^ ^^ EXTEND THE TIME FOR THE CONSTRUCTION OF THE 
^' * LEE AND NEW HAVEN RAILROAD. 

Be it enacted, ^c, as follows : 
Time for con- SECTION 1. The time for the constructiou of the railroad 
tended. ' of the Lee and New Haven Railroad Company is hereby ex- 
tended to the fifth day of June in the year eighteen hundred 
and seventy-five. 

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

Approved March 8, 1872. 

Chap. 74. -^N ^^"^ "^^ EXTEND THE TIMES FOR THE LOCATION AND CONSTRUC- 
"' ' TION OF THE SPRINGFIELD AND LONGMEADOW RAILROAD. 

Be it enacted, See, as follows : 

Time^forioca- SECTION 1. The time for the location and construction of 

stractionex- the Springfield and Longmeadow Railroad is hereby ex- 
tended, r o o .' 



1872.— Chapters 75, 76, 77, 78. 59 

tended two years from the tenth day of March, in the year 
eighteen hundred and seventy-two. 

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

Approved March 8, 1872. 
An Act to extend the times for the location and construc- Qfiff/n^ 75, 

TION OF the AMESBURY RAILROAD. -* ' 

Be it enacted, Sj^c, as follotvs: 

Section 1. The time allowed to locate the Amesbury Time for loca- 
Railroad is hereby extended to the first day of April, in the * " . 
year eighteen hundred and seventy-three ; and the time to 
construct the same to the first day of April, in the year 
eighteen hundred and seventy-four. 

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

Approved March 8, 1872. 
An Act to revive the charter op the merrimack street rail- (7^^m. 75. 

WAY company, and TO FXTEND THE TIMES FOR THE LOCATION AND -* * 

COMPLETION OF THE ROAD. 

Be it enacted, Sfc, as follows : 

Section 1. Chapter three hundred and twenty of the charter revived 
acts of the year eighteen hundred and seventy is hereby folati'on'^and' 
revived and continued in force ; and the times for the loca- 
tion and construction of the railroad of the company thereby 
incorporated, is extended for a term of two years from the 
passage of this act. 

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

Approved March 8, 1872. 
An Act to increase the salary of the justice of the police 

COURT OF fall RIVER. 

Be it enacted, Sfc, as follows: 

Section 1. The justice of the police court of Fall River salary of justice 
shall hereafter receive an annual salary of eighteen hundred of Fai^KiTe"^^ 
dollars. 

Section 2. This act shall take effect on the first day of 
July next. Approved March 8, 1872. 

An Act to authorize the north end savings bank to change QJian, 78, 

ITS LOCATION. "' 

Be it enacted, ^'c, as follows : 

Section 1. Section one of chapter twenty-four of the Location of 
acts of the year eighteen hundred and seventy, incorporating cimugedf ^^ 
the North End Savings Bank, is hereby so amended that 
said bank may be located northerly of Court street in the 
city of Boston. 

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

Approved March 8, 1872, 



construction 
extended. 



Chap. 77. 



60 



1872.— Chapter 79. 



Chap. 79. 



Lawrence may 
supply itseli' 
■with'water 
from Merri- 
mack River. 



To file descrij)- 
tiou of lands in 
registry of 
deeds. 



May make 
aqueducts and 
maintain reser- 
voirs and hy- 
drants. 



An Act to supply the city of lawrence with water. 
Be it enacted, Sfc, as follows : 

Section 1. The city of Lawrence is hereby authorized to 
take, hold and convey into and through said city from the 
Merrimack River, at any point thereof within said city or 
witliin the town of Methuen that may be deemed expedient, 
sufficient water for the use of said city and the inhabitants 
thereof, for the extinguishment of fires, creating steam, 
domestic and other purposes ; and may also take and hold, 
by purchase or otherwise, land in said Methuen or Lawrence 
for sinking wells or making excavations in order to obtain 
water by filtration or percolation, or from subterranean 
streams, and for the construction of such works as may be 
necessary therefor ; as also for laying and maintaining 
aqueducts or pipes, constructing and maintaining reservoirs 
or canals, and such other works as may be deemed neces- 
sary or proper for conveying, raising, forcing, retaining, dis- 
tributing or disposing of said water. 

Section 2. The city of Lawrence shall, within sixty days 
from the time they shall take any lands for the purpose of 
this act, file in the office of the registry of deeds for the 
northern district of Essex, a description of the lands so 
taken, as certain as is required in a common conveyance of 
lands, and a statement of the purposes for which they were 
taken, which description and statement shall be signed by 
the mayor of said city. 

Section 3. Said city may make, build, lay down and 
maintain aqueducts and pipes from the Merrimack River, 
through Methuen, and into, through and about said city, 
and secure and maintain the same by any works suitable 
therefor ; may construct and maintain reservoirs within or 
without said city ; may provide and maintain suitable ma- 
chinery, and may make, erect, and maintain and carry on such 
other works as may be necessary or proper for raising the 
water into tlie same, and forcing and distributing the water 
through and about said city ; may make and establish such 
public hydrants in such places within said city as may from 
time to time be deemed proper, and prescribe the purposes 
for which the same may be used, and may change or discon- 
tinue the same ; may distribute the water throughout the 
city, and for this purpose may lay down pipes to any house 
or building in said city, the owner or owners thereof having 
notice, and not objecting thereto ; may regulate the use of 
Baid water within the city, and establish, receive and collect 
the rents to be paid therefor ; and the said city may, for 
the purposes aforesaid, carry, conduct and maintain any 



1872.— Chapter 79. 61 

aqueducts, pipes or other works by them to be made, laid 
down or conducted over, under, through or across any 
water-course, canal, street, bridge, railroad, highway or 
other way, in such a manner as not to obstruct the travel or 
free use thereof; may enter upon and dig up any such road, 
street or way, for the purpose of laying down pipes beneath 
the surface thereof, and for maintaining and repairing the 
same ; and, in general, may do any other acts and things 
necessary or convenient and proper for carrying out the 
purposes of this act. 

Section 4. Nothing in this act shall authorize the con- works not to 
struction of any work which, when completed, shall obstruct wa^ter'in ulni- 
the flow of the water of said river (not taken as herein mack River. 
authorized) to or from any water-mill now existing in said 
Lawrence or Methuen. And in the event that under the 
authority of this act, water shall be taken from said river, at 
any place above the dam of the Essex Company, nothing 
herein shall authorize the use of water so taken, as or for 
power for propelling or operating machinery, otherwise than 
as steam. 

Section 5. All pipes, aqueducts and other works con- Navigation in 
structed or erected by said city, by virtue of this act, in, obstluSed!*' 
under or over any of the canals of the Essex Company 
shall be so constructed, erected and laid, as when completed 
not to obstruct the navigation in said canals, or either of 
them, or to interrupt or impede the flow of the water in the 
same. 

Section 6. Three commissioners shall be appointed by commissionera 
the city council, by joint ballot of both branches, who shall, to takt^dfarge 
during their continuance in office, execute, superintend and °^ works. 
direct the performance of all the works, matters and things 
mentioned in this act, and in all other acts that may be 
passed relative to the same subject, which are not otherwise 
specifically provided for ; and who shall be subject to such 
ordinances, rules and regulations in the execution of said 
trust, as the city council may from time to time ordain and 
establish, not inconsistent with the provisions of law ; and 
who shall, once in six months, and whenever required by 
the city council, make and present in writing a particular 
report and statement of all their acts and proceedings, and 
of the condition and- progress of the works aforesaid. 

They shall respectively hold office for the term of three Term of office, 
years next after their appointment, unless the works afore- 
said are sooner completed, but they or either of them, after 
having had an opportunity to be heard in defence, may be 
removed at any time by a concurrent vote of two-thirds of 



62 



1872.— Chapter 79. 



Vacancies in 
board. 



Salaries to be 
fixed before 
electiou. 



When oflBce 
ceases, rights to 
be exercised by 
city of Law- 
rence. 



City of Law- 
rence water 
loan. 



$800, 000 at six 
per cent, inter- 
est. 



Liability for 
damages. 



each branch of the city council ; and in case of a vacancy 
in the board of commissioners by death, resignation or 
removal, such vacancy shall be filled by the appointment of 
another commissioner, who shall hold his office for the resi- 
due of the said term of three years, with all the powers and 
under all the restrictions aforesaid, A majority of said 
commissioners shall be a quorum for the exercise of the 
powers, and the performance of the duties of the said office. 
Section 7. The city council, before the appointment of said 
commissioners, shall establish and fix the salaries or compen- 
sation to be paid them for their services, which shall not be 
reduced during their continuance respectively in said office. 
Section 8. Whenever the office of said commissioners 
shall cease, either by the expiration of said term of three 
years from the original appointment, or by the completion of 
the works aforesaid, all the rights, powers and authorities 
given to the city of Lawrence by this act, shall be exercised 
by the said city, subject to the restrictions, duties and liabil- 
ities herein contained, in such manner, and by such officers, 
agents and servants as the city council shall from time to 
time ordain, appoint and direct. 

Section 9. For the purpose of defraying the expenses 
which may be incurred by the city of Lawrence in carrying 
into effect the powers granted by this act, the city council 
shall have authority to issue from time to time notes, scrip, 
bonds or certificates of debt, to be denominated on the face 
thereof " City of Lawrence Water Loan," to an amount not 
exceeding eight hundred thousand dollars ; the same to 
bear interest not exceeding the rate of six per cent, per 
annum, and the principal to be payable at periods not more 
than thirty years from the issuing of said notes, scrip, bonds 
or certificates of debt respectively ; and the city council 
may sell the same or any part thereof, from time to time, at 
public auction or private sale, or pledge the sama for money 
borrowed for the purposes of this act, on such terms and 
conditions as the city council shall judge proper. And the 
city council of said city is hereby authorized from time to 
time to appropriate, grant and assess such sum or sums of 
money as shall be deemed expedient towards paying said 
expenses, or the principal of the money so borrowed or 
obtained, and the interest thereof in the same manner as 
money is appropriated, granted and assessed for other city 
purposes. 

Section 10. Said city shall be liable to pay all damages 
sustained by any persons or corporations by the taking of 
any lands or water, water rights, franchises or property, or 
by the sinking of wells or making of excavations, the con- 



1872.— Chapter 80. 63 

stnicting of aqueducts, reservoirs or water works, or the 
laying of pipes, or by repairing the same, or in any other 
way sustained in carrying into effect the provisions of this 
act. If any person or corporation sustaining damage -as 
aforesaid cannot agree with said commissioners upon the 
amount of said damages, he may have them assessed and 
paid in the same manner as is provided by law with respect 
to land taken for highways. 

Section 11. The occupant of any tenement shall be occupant of 
liable for the payment of the rent for the use of the water for use of water. 
in such tenement, and the owner thereof shall be also liable 
if, on being notified of such use, he does not object thereto. 

Section 12. If any person shall use any of the said Penalty for un- 
water either within or witliout said city, without the consent oTmaiiciou*s?y 
of said city, an action of tort may be maintained by said or'^remiering^^'^ 
city for the recovery of the damages sustained ; and if any tiic same im- 
person wantonly or maliciously shall divert the water or any 
part thereof from, or shall corrupt or render impure the 
water in, or shall destroy or injure any aqueduct, canal, 
well, reservoir, pipe, conduit, hydrant, machine or other 
works or property held, owned or used by the said city of 
Lawrence by the authority and for the purposes of this act, 
every such person shall forfeit and pay to the said city three 
times the amount of the damages that shall be assessed 
therefor, to be recovered by any proper action ; and any 
such person, on conviction of either of the wanton or mali- 
cious acts aforesaid, may also be punished by fine not ex- 
ceeding one thousand dollars, or by imprisonment not ex- 
ceeding one year, or both. 

Section 13. This act shall be void unless submitted to subject to ac- 
and approved by a majority of the voters of the city of vo^e^ofThe^. 
Lawrence, present and voting at meetings held simulta- 
neously for the 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 14. This act shall take effect upon its passage. 

Approved March 8, 1872. 
An Act to fix the salary of the county tkeasurek of berk- /-ir„.. qa 

SHIRE COUNTY. i^Hap. OU. 

Be it enacted, ^c, as follovis: 

Section 1. The county treasurer of Berkshire county .^.-^J^^'J ^^tab- 
shall receive an annual salary of fifteen hundred dollars, 
payable quarterly from the first day of January of the pres- 
ent year. 

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

Approved March 8, 1872. 



64 



1872— Chapter 81. 



Chap. 81. 



City of Fitch- 
burg establish- 
ed. 



Government 
vested in mayor 
and city coun- 
cil. 



Quorum. 



Division of 
town into 
wards. 



New division 
may be made 
every live 
years. 



Annual elec- 
tion. 



Election of 
ward officers. 



Ward meetings. 



An Act to establish the city of fitchburg. 

Be it enacted, Sfc, as folloios : 

Section 1. The inhabitants of the town of Fitchburg 
shall continue to be a body politic and corporate, under the 
name of the City of Fitchburg, and as such shall have, 
exercise and enjoy all the rights, immunities, powers and 
privileges, and shall be subject to all the duties and obliga- 
tions now incumbent upon and pertaining to the said town 
as a municipal corporation. 

Section 2. The administration of all the fiscal, pruden- 
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 sis, to .be called the board of alder- 
men, and one council of eighteen, to be called the common 
council ; which boards, in their joint capacity, shall be 
denominated the city council ; and the members thereof 
shall be sworn to the faithful performance of their respect- 
ive duties. A majority of each board shall constitute a 
quorum for the transaction of business, and no member of 
either board shall receive any compensation for his services. 

Section 3. It shall be the duty of the selectmen of said 
town, as soon as may be after the passage of this act 
and its acceptance as herein provided, to divide said town 
into six 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, which division may be re- 
vised by the city council within two years from the passage 
hereof. The city council may, in the year eighteen hun- 
dred and seventy-five, and in every fifth year thereafter, 
make a new division of said wards, so that they shall con- 
tain, 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 or 
June in said years. 

Section 4. The election of city and ward officers shall 
take place on the first Tuesday of December, annually, and 
the municipal year shall begin on tire first Monday of Jan- 
uary following. 

Section 5. On the first Tuesday of December, annually, 
there shall be elected 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 shall be elected and 
qualified in their stead. Said wardens shall preside at all 
ward meetings, with the powers of moderators at town 
meetings ; and if at any meeting the warden is not present, 



. 1872.— Chapter 81. • 65 

the clerk shall preside until a warden pro tempore is elected 
by ballot ; if both the warden and clerk are absent, the sen- 
ior 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. When any ward officer is 
absent or neglects to perform his duty, his office shall be 
^WQ&pro teinpore. The clerk shall record all the proceed- ^^l^^^^^*^*^* 
ings and certify the votes, and deliver to his successor in 
office all the records, journals, documents and papers held 
by him in his said capacity. The inspectors shall assist the 
warden in receiving, assorting and counting the votes. All 
said officers shall be sworn to a faithful discharge of their ward officers to 
duties, said oath to be administered by the clerk to the 
warden, and by the warden to the clerk and to the inspect- 
ors, or to either of said officers by any justice of the peace 
for the county of Worcester. Certificates of such oaths 
shall be made by the clerk upon the ward records. All Meetings of 

Citizens 

warrants for meetings of the citizens for municipal purposes, 
to be held either in wards or in general meetings, shall be 
issued by the mayor and aldermen, and shall be in such 
form, and served and returned in such manner, and at sucli 
times, as the city council shall direct. The compensation of 
the ward officers shall be fixed by concurrent vote of the 
city council. 

Section 6. The mayor and aldermen are authorized, ward meetings 
when no convenient ward-room for holding ward meetings without the 
for the citizens of either wards of the city can be had within w^i'd^byoJ^der 
the territory or limits of such ward, to appoint and direct, °n]aw^^°Q 
in the warrants for calling the ward meetings of such wards, 
the said meetings to be held in some convenient and approx- 
imate 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. The mayor shall be elected by the qualified Mayor. 
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 elected and qual- 
ified in his place. 

Section 8. Six aldermen, one alderman being selected Aldermen. 
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 



66 



1872.— Chapter 81. 



Common coun- 
cilmen. 



Election on first 
Tuesday of De- 
cember, annu- 
ally. 



Certificates of 
election. 



Mayor elect to 
be notified by 
aldermen. 



In case of fail- 
ure to elect 
mayor or his 
refusal to ac- 
cept. 



Vacancy by 
death, resigna- 
tion, etc. 



Aldermen and 
councilmen to 
meet in conven- 
tion first Mon- 
day of January, 
and be sworn. 



election, and until a majority of the new board shall be 
elected and qualified in their places. 

Section 9. Three 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 
municipal 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 Tuesday of December, annu- 
ally, the qualified voters in the several wards shall give in 
their votes, by ballot, for mayor, aldermen and common 
councilmen, in accordance with the provisions of this act ; 
and all the votes so given, shall be assorted, counted, de- 
clared and recorded in open ward meeting, by causing the 
names of the 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, certificates of their elections, respectively, signed 
by the warden and the 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. The board 
of aldermen shall, within ten days thereafter, examine the 
copies of the records of the several wards, certified as afore- 
said, 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 pro- 
ceedings shall be had in all respects as are herein before pro- 
vided 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, resignation, 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 declare that a 
vacancy exists, and the cause thereof; and thereupon 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 mayor and alder- 
men 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 Worcester. Tlie 



1872.— Chapter 81. 67 

aldermen and common councilmen elect shall, on the first 
Monday of January, at ten o'clock in the forenoon, meet in 
convention, when the oath required by this act shall be ad- 
ministered to the members of the two boards present, by the 
mayor, or by any justice of the peace for the county of 
Worcester ; and a certificate of such oath having been 
taken, shall be entered upon 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 common coun- 
be organized by the election of a president and clerk, to ized by choice 
hold their offices respectively during the pleasure of the "fp/^^si'^e'^ta^'i 
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 city council to 
Monday of January, or if a mayor shall not then have been sence or iTon-^ 
elected, the city council shall organize itself in the manner |^l|yorVho 
herein before provided, and may proceed to business in the may be sworn 
same manner as if the mayor v.'as 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 organiza- 
tion. In the absence of the mayor, the board of aldermen President of 
may elect a presiding officer pro tempore, who shall also pre- mTnpro tlmr 
side at the joint meetings of the two boards. 

Each board shall keep a record of its own proceedings, Each board to 
and judge of the election of its own members ; and, in case proceedlngi"^ 
of vacancy in either board, the mayor and aldermen shall 
issue their warrants for a new election. 

Section 11. The mavor shall be the chief executive offi- Mayor to be 

" Cilini CXGClltlVG 

cer of the city. It shall be his duty to be active and vigi- officer "of city. 
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 May remove 
opinion the public good may require, remove, with the con- conTeutTt- the 
sent of the appointing power, any officer over whose appoint- appointing 
ment he has, in accordance with the provisions of this May can special 
charter, exercised the power of nomination. He may call boTrdsf^ °^ 
special meetings of the boards of aldermen and common 
council, or either 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 commu- 
nicate to both boards such information, and recommend 
such measures as the business and interests of the city may 



68 



1872.— Chapter 81. 



To preside in 
board of alder- 
men and in con- 
vention. 
Salary of may- 
or. 



Executive pow- 
er vested in 
mayor and al- 
dermen. 



Constables and 
police officers. 



City council to 
have care of 
public property. 



Annual report 
of receipts and 
expenditures. 



Appointments 
by mayor and 
aldermen, how 
made. 



in his opinion require. 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 five hundred 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 increased 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 by special statute in the 
selectmen of the town of Fitchburg and in the selectmen of 
towns generally by the laws of the Commonwealth, shall be 
vested in and 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 
police 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 
which bonds the like proceedings and remedies may be had 
as are by law provided in case of constables' bonds taken by 
selectmen of towns. The compensation of the police and 
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 
what may be legally let, and to sell or purchase property, 
real or personal, in the name and for the use of the city, 
whenever its interests or convenience may, in their judg- 
ment require it ; and they shall, as often as once a year, 
cause to be published for the use of the inhabitants, a par- 
ticular account of the receipts and expenditures, and a 
schedule of city property and of the city debt. 

Section 13. In all cases in which appointments are 
directed to be made by the mayor and aldermen, the mayor 
shall have the exclusive power of nomination, being sub- 
ject, however, to confirmation or rejection by the board of 
aldermen ; 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 treasury, who at the time of such appointment 



1872.— Chapter 81. 69 

or election shall be a memljer of the board of aldermen or 

of the common council. All sittings of the mayor and fi^"g"ffyg°* ^^ 

aldermen, of the common council and of the city council, public. 

shall be public when they are not engaged in executive 

business. 

Section 14. The city council shall annually, as soon Treasurer, city 
after their organization as may be convenient, elect by joint elected iu'con^ 
ballot in convention, a treasurer and collector of taxes, city mention. 
clerk, one or more superintendents of streets, a city physi- 
cian, 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 solicitor 
city auditor, who shall hold their offices for the term of one b" eiected°by 
year next ensuing, and until. others shall be elected and vote.""^*^"* 
qualified in their stead : provided, however, that either of Proviso. 
the officers named in this section may be removed at any 
time by the city council for sufficient cause. Vacancies 
occurring in the above-named offices may be filled at any 
time. The compensation of the officers mentioned in this 
section shall be fixed by concurrent vote of the city council. 

Section 15. The city clerk shall also be clerk of the city cierk to be 
board of aldermen, and shall be sworn to the faithful per- oP^alrmen^ 
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 chosen and qualified, all the records, journals, 
documents and papers held by him in his said capacity. 

Section 16. The city council elected in December in the water commis- 
year eighteen hundred and seventy-two, shall, as soon as eiect^ed by the 
may be convenient after their organization, elect by joint andbe"r°mov- 
ballot three persons to be water commissioners ; one for ^^^^ for cause. 
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 
years next ensuing, and until another shall be elected and 
qualified in his stead. Vacancies occurring in the commis- 
sion may be filled by joint ballot of the city council at any 
time. The city council may at any time remove any 
member of said commission from office for cause. The 
compensation of the water commissioners shall be fixed by 
concurrent vote of the city council. 

Section 17. The act entitled "An Act to authorize a Firedepart- 
fire department in the town of Fitchburg," passed the third ™^°** 
day of April, in the year one thousand eight hundred and 



70 



1872.— Chapter 81. 



Regulation of 
construction of 
buiiaings. 



Public grounds, 
etc. 



Overseers of the 
poor to be elect- 
ed in conven- 
tion. 



Mayor to be 
■ chairman of 
board. 
Vacancies. 



Assessors of 
taxes to be 
elected by con- 
current vote. 



fifty-one, shall continue in force ; and all power and author- 
ity now vested in the 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 or enlarge the same ; and by ordi- 
nance they shall regulate the construction of all buildings 
erected within said fire limits, stipulating their location, 
sizes and the material of which they shall be constructed, 
together with such other rules and regulations as shall tend 
to insure the same from damage by fire. They shall also 
have tiie sole care, superintendence and management of 
the public grounds belonging to said city, and of all the 
shade and ornamental trees standing and growing thereon, 
and also of all the shade and ornamental trees standing apd 
growing in or upon any of the public streets and highways 
of said city. 

Section 18. The city council elected in December, in 
the year eighteen hundred and seventy-two, 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 thereafter the city council shall annually, as soon 
after their organization 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 ; 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 chairman of the board. Vacancies occurring in the 
board may be filled by joint ballot of the city council at any 
time ; the members 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 19. The city council elected in December, in the 
year eighteen hundred and seventy-two, 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 
organization as may be convenient, elect in "the same man- 



1872.— Chapter 81. 71 

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. 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 vacancies 
concurrent vote 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. AH taxes shall be 
assessed, apportioned and collected in the manner prescribed 
by the general laws of the Commonwealth : provided^ hoiv- 
eyer, that t!ie city council may establish further or additional 
provisions for the collection thereof. The compensation of compensation. 
the assessors shall be fixed by the concurrent vote of the 
city council. 

Section 20. The city council shall annually, as soon Assistant asses- 
after their organization as may be convenient, elect by con- ^°'^^* 
current vote one person from each ward to be an assistant 
assessor ; and it shall be the duty of the persons so elected 
to furnish the assessors with all necessary information rela- 
tive to persons and property taxable in their respective 
wards, and they shall be sworn to the faithful performance 
of their duty. Vacancies occurring may be filled by con- vacancies, 
current vote of the city council at any time. The compen- compensation, 
sation of the assistant assessors shall be fixed by concurrent 
vote of the city council. 

Section 21. The qualified voters of each ward shall, on school com- 
the first Tuesday of December, in the year eighteen hundred ™^ 
and seventy- two, 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-three ; and there- 
after, on the first Tuesday 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 ensuing. The persons so elected shall, 
with the mayor and president of the common council, con- 
stitute the board of school committee, and shall serve with- 
out compensation. The mayor shall be ex officio chairman Mayor to be 
of the board. The said committee shall appoint from their board?'^° "^ 
own number, or otherwise, a secretary, to be, under the 
direction and control of said committee, superintendent of 
the schools, and the compensation of such secretary shall be 
determined from year to year by the school committee. 



72 1872.— Chapter 81. 

^^be fined. ''°^ Vacancies occurring in the board may be filled by the 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 obligations of 
said town of Fitchburg, in relation to the grant and appro- 
priations of money to the support of schools, and the 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 obliga- 
tions of the city, to be exercised 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 appropria- 
tions are made for other city purposes. 

City council to SECTION 22. The city council shall take care that no 

take care that i • j p . i f i . j 

no money is moucy bc paid trom the treasury unless granted or appropri- 
Sry'*uni'"sV'^^'^^' atcd, and shall secure a just and proper accountability, by 
granted. requiring bonds with sufficient penalties and sureties from 

all persons entrusted with the receipt, custody or disburse- 
ment of money. 
City council to SECTION 23. The city council shall have exclusive author- 

lay out streets • ^ ■• 

and estimate ity and powcr to lay out any new street or town way, and to 
camages. estimate the damages any individual may sustain thereby; 
but all questions relating to the subject of laying out, accept- 
ing, altering or discontinuing any street or way, shall first 
be acted upon by the mayor and aldermen, and any person 
dissatisfied with the decision of the city council in the esti- 
mate of damages, may make complaint to the county com- 
missioners of the county of Worcester, at any meeting held 
within one year after such decision, whereupon the same 
proceedings siiall be had as are now provided by the laws of 
this Commonwealth, in cases where persons are aggrieved 
by the assessment of damages by selectmen, in the forty- 
third chapter of the General Statutes. 
City council SECTION 24. The city council may make by-laws, with 

uw^sforinsp^ec- Suitable penalties, for the inspection, survey, measurement 
coal, etc."™^^'^' 9.nd sale of lumber, wood, hay, coal and 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 
May make such is subject to the actiou of the town thereon. The city couu- 
t*ownrhave cil may also make all such salutary and needful by-laws as 
power to make, towus, by the laws of this Commonwealth, have power to 
make and establish, and to annex penalties, not exceeding 



1872.— Chapter 81. "TS 

twenty dollars, for the breach thereof; which by-laws shall 

take effect and be in force from and after the time therein 

respectively limited, without the sanction of any court, but 

suliject to the approval of the mayor : provided, however, Proviso. 

that all laws and 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. All fines 

and forfeitures for the breach of any by-law or ordinance 

shall be paid into the city treasury. 

' Section 25. All elections of national, state, county and |?Jf4\^°^tate?^' 

district officers who are voted for by the people, shall be [°j^^*/^^g^g'^'*" 

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 26. Prior to every election, the mayor and Li8t|^fj^ote« 
aldermen shall make out lists of all the citizens of each mayor audai- 

T i-n 1 , • II,. • l^ ' dermen and de- 

ward qualified to vote in such elections, in the manner in uvered to ward 

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 '^^^^^^P^^^^^ 

of each ward shall be posted in one or more public places in ward. 

each ward : provided, however, that any person whose name 

shall not be borne on the list of the ward in which he is 

entitled to vote, when it shall be placed in the hands of the 

clerk of said ward, shall have the right to have his name 

entered thereon, at any time thereafter before the closing of 

the polls, upon presenting to the ward officers a certificate, 

signed by the mayor or city clerk, setting forth his right to 

have his name so entered. 

Section 27. General meetings of the citizens qualified to General meet- 

_ . . , , 1 T . 1 / J.1 ings 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 rights 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 puposes thereof, of fifty qualified 
voters. 

Section 28. All power and authority now vested by law Board of health. 
in the board of health for said town, or in the selectmen 
thereof, shall be transferred to and vested in the city coue- 

10 



74 



1872.— Chapter 81. 



"Act for supply- 
ing Fitchburg 
with pure wa- 
ter " continued 
in force. 



Election of al- 
dermen. 



Term of office. 



Election of 
common coun- 
cilmen. 



Term of oSce. 



cil, to be by them exercised in such manner as they may 
deem expedient. 

Section 29. The power and authority vested in said town 
of Fitchburg by chapter ninety-five of the acts of the year 
one thousand eight hundred and seventy, entitled " An Act 
for supplying the town of Fitchburg with pure water," and 
by the vote of said town passed in accordance with the pro- 
visions of said act, shall continue in force. 

Section 30. On the first Tuesday of December in the 
year one thousand eight hundred and seventy-two, the qual- 
ified voters of the city, voting at large in their respective 
wards, shall give in their votes for six aldermen, one alder- 
man being selected from each ward, whose term of office 
shall be as follows, viz. : the aldermen thus elected for wards 
numbered by the selectmen in their division of the town 
according to section three of this charter, one, three and 
five, shall hold their offices respectively for the term of two 
municipal years next following their election ; and the alder- 
men thus elected for the wards numbered as aforesaid, two, 
four and six, shall hold their offices respectively for the term 
of one municipal year next following their election ; and all 
elections of aldermen after said first Tuesday of December, 
shall be for the term of two years from the first Monday of 
January next following their election, except elections to fill 
vacancies, in which case the election shall be for the unex- 
pired terms only. 

Section 31. On the first Tuesday of December, in the 
year one thousand eight hundred and seventy-two, the qual- 
ified voters in each ward of the city shall elect three com- 
mon councilmen, who shall at the time of their election, be 
residents of the wards respectively in which they are elected, 
whose terms of office shall be as follows, viz. : at said elec- 
tion, wards numbered by the selectmen as aforesaid, two, 
four and six, shall elect two common councilmen each for 
the term of two municipal years, and one common council- 
man each for the term of one muncipal year next following 
their election ; wards numbered one, three and five, shall, at 
the same time, elect one common councilman each for the 
term of two municipal years, and two common councilmen 
each for the term of one municipal year next following their 
election ; and all elections of common councilmen, after 
said first Tuesday of December, shall be for the term of two 
municipal years" from the first Monday of January next fol- 
lowing their election ; except elections to fill vacancies, in 
which case the elections shall be for the unexpired term only. 



1872.— Chapter 81. 75 

Section 32. All acts and parts of acts inconsistent with Repeal, 
this act, are hereby repealed : provided, however, that the proviso. 
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 act, shall be affected by such 
repeal ; and provided, also, that all persons at the time Proviso. 
of said repeal taking effect shall hold any office under the 
said acts, shall continue to hold the same until the organiza- 
tion of the city government contemplated by this charter 
shall be completely effected. 

Section 33. For the purpose of organising the system of ^"eie'^yon"o^ 
government hereby established, and putting the same in city officers. 
operation in the first instance, the selectmen of the town of 
Fitchburg, for the time being, shall issue their warrants 
seven days at least previous to the first Tuesday 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, specify- 
ing 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 give notice thereof 
in manner before provided, to the several persons elected. 
At said first meeting, a list of voters in each ward, prepared Lists of voters 
and corrected by the selectmen for the time being, shall be by sliictiM^nto 
delivered to the clerk of each ward, when elected, to be ti™^'^*^^^''' 
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 pro- 
visions of this act. 

Section 34. This act shall be void unless the inhabitants Act void unless 
of the town of Fitchburg, at a legal meeting called for that majority vote 
purpose, to be held within sixty days from the passage of days!" ^^*^ 



76 



1872.— Chapters 82, 83. 



this act, shall, by a vote of the majority of the voters pres- 
ent, voting thereon as hereinafter provided, determine to 
adopt the same. All the sections of this act, except the 
thirtieth and thirty-first, shall be voted for or against upon 
one ballot ; and sections thirtieth and thirty-first shall be 
voted for or against upon one ballot ; and if sections thirti- 
eth and thirty-first shall be accepted upon such vote, then 
sections eight and nine of this act shall be void, and sec- 
tions thirtieth and thirty-first shall stand in place of sections 
eight and nine : provided^ the other parts of said act shall 
be adopted by said inhabitants. At said meeting 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 elections of state officers. 

Section 85. This act shall take effect upon its passage. 

Approved March 8, 1872. 



Chap. 82. 

Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



Chap. 83. 



Time for loca- 
tion and con- 
struction ex- 
tended. 



An Act to incorporate the broadway savings bank in 
lawrence. 

Be it enacted, ^'c, as follows : 

Section 1. James A. Treat, James Payne, John Fallon, 
Alfred French, Artemas W. Stearns, Jesse Glover, Thom- 
as Scott, Daniel Hardy, John Smith, Peter Smith, Joseph W. 
Smith, their associates and successors, are hereby made a 
corporation by the name of the Broadway Savings Bank, to 
be located in the city of Lawrence ; 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 
may hereafter be in force applicable to savings banks. 

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

Approved March 9, 1872. 

An Act to extend the time for the location and construc- 
tion OF A branch railroad BY THE FITCHBURG RAILROAD 
COMPANY. 

Be it enacted, Sfc, as follows: 

Section 1. The time for the location and construction of 
the branch railroad authorized by the two hundred and for- 
ty-sixth chapter of the acts of the year eighteen hundred 
and seventy is hereby extended two years beyond the time 
therein limited. 

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

Approved March 9, 1872. 



1872.— Chapters 84, 85. 77 

An Act to authorize selectmen of towns to establish pub- QJi^p^ g^^ 
Lie watering places. * * 

Be it enacted, §'c , as follows : 

Section 1. The selectmen of the various towns may Public drinking 
establish and maintain such public drinking troughs, wells fountains may 
and fountains within the public highways, squares and com- by Ifiectmen'' 
mons of their respective towns, as in their judgment the r^tJVwne^t'J 
public necessity and convenience may require ; and the sev- pay tor same. 
eral towns are hereby authorized to raise and appropriate 
such sums of money as shall be necessary to defray the ex- 
pense thereof. 

Section 2. Chapter one hundred and eighteen of the Repeal, 
acts of eighteen hundred and seventy, and all acts and parts 
of acts inconsistent herewith, are hereby repealed. 

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

Approved March 9, 1872. 

An Act in addition to " an act for supplying the city of Chop. 85. 

charlestown avith pure water." 
Be it enacted, Sfc, as folloios : 

Section 1. For the purpose of defraying the cost and ofThedty°of^ 
expenses incurred by the city of Charlestown in the con- chariestown " 

not to t^xctocl 

struction and extension of water works in said city, the city $100,000. 
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 thousand 
dollars : provided, however, that the whole amount issued Proviso. 
under this act and the acts to which this act is in addition, 
shall not exceed the cost of the construction and extension 
of said works. The said bonds shall bear interest at a rate 
not exceeding six per centum per annum, and shall be re- 
deemable 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 income from 
the several acts authorizing the construction and extension excesVof wst 
of water works in said city, after deducting cost of mainte- and hiTeresft^ 
nance, and interest on the water bonds, shall be applied to ^l^^^^^^^^ 
the reduction of the water debt, and shall not be used for debt. 
any other purpose whatever. 

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

Approved March 9, 1872. 



78 1872.— Chapters 86, 87, 88. 

Chap. 86. An Act to authorize cities and towns to establish indus- 

trial schools. 

Be it enacted, ^c, asfolloios: 

8chooi*s"may be ^^^^ ^^^J council of any city, and any town, may establish 
established by and maintain One or more industrial schools and raise and 
towns. appropriate the money necessary to render them efficient. 

J^rintendence"" Sucli schools shall be undcr the superintendence of the board 
mittee°°' *^°™" ^^ school committec of the city or town wherein they are 
established, and such board shall employ the teachers, pre- 
scribe the arts, trades and occupations to be taught in such 
schools, and shall have the general control and management 
Proviso. thereof : provided^ that in no case shall the expense of any 

such school exceed the appropriation specifically made there- 
for ; and provided, that nothing in this act contained shall 
autliorize the school committee of any city or town to com- 
pel any scholar to study any trade, art or occupation with- 
out the consent of the parent or guardian of such scholar, 
and that attendance upon any such school shall not take the 
place of the attendance upon public schools required by law. 

Approved March 9, 1872. 

Chap. 87. -^^ •Act in addition to an act to establish the city of 

CHELSEA. 

Be it enacted, ^'c , asfolloios: 
m^slfo^e^rs'^o™' SECTION 1. All the powcrs heretofore vested in the coun- 
Middiesex re- ty commissioncrs of Middlesex county, relating to the laying 
ways%°e.?vest- out, widening, alteration, discontinuance, building or repairs 
awermen"'''""^ of any highway or bridge in the city of Chelsea shall be 

hereafter vested in the mayor and aldermen of said city. 
Legal proceed- SECTION 2. This act shall uot afifcct auy legal proccedings 

iiigs not affect- ^ j j J o l o 

ed. already commenced. 

Not entitled to SECTION 3. The votcrs of the city of Chelsea hereafter 

vote for com- i,, • ^ i n • • 

missiouers of shall uot be entitled to vote for county commissioners for the 

Middlesex. j.r-iifin 

county 01 Middlesex. 
Repeal. SECTION 4. All acts and parts of acts inconsistent with 

this act are hereby repealed. 

Section 5. This act shall take effect upon i^ passage. 

Approved March 9, 1872. 
Chav. 88. An Act to amend the charter of the brookline and tyngs- 

■^ ' ' BOROUGH RAILROAD COMPANY. 

Be it enacted, §'c , as follows: 

Amendment to SECTION 1. Scctiou two of chaptcr ouc hundred and sev- 
enty-six of the acts of the year eighteen hundred and seven- 
ty-one, is hereby amended by inserting after the word " of," 
at the end of the seventh line thereof, the words " Hollis or." 
Section 2. This act shall take effect upon its passage. 

Approved March'd, 1872. 



1871, 1-0, § 2. 



1872.— Chapters 89, 90, 91. 79 

An Act to authorize the mansfield and framingham rail- QJiq^j go 

ROAD COMPANY TO CONVEY CERTAIN REAL ESTATE. "' 

Be it enacted, §'c., as follows : 

Section 1. The Mansfield and Framingham Railroad May sen portion 
Company may sell and convey to the Boston, Clinton and Bost'o^n,'ciintoa 
Fitchburg "Railroad Company all that portion of its road and r"^ r^oq.'^'^'^^ 
real estate, with the franchise and corporate rights connected 
therewith, situated northerly of the Boston and Albany Rail- 
road in Framingham. 

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

Approved March 9, 1872. 



! Chap. 90. 



An Act to establish the boundary line between the town 
of westhampton and the towns of northampton, easti 
ton and southampton. 

Be it enacted, Sfc, as follows: 

Section 1. The line dividing the town of Westhampton Dividing line 
from the towns of Northampton, Easthampton and South- ^^t^'^^^^'^ed. 
ampton, between the points named, is hereby established as 
follows, to wit : beginning at the ancient stone monument at 
the north-easterly corner of Westhampton and the north- 
westerly corner of Northampton ; thence running southerly 
in a straight line to an ancient monument on the Southamp- 
ton boundary line at the south-easterly corner of Westhamp- 
ton. 

Section 2. The said line shall be run, and the monu- Expense of 
meuts therein established, at the joint and equal expense of "rp^aid^by"^* *° 
the towns of Northampton and Westhampton. ^n'd weTthamp- 

Section 3. This act shall take effect upon its passage. to"- 

Approved March 12, 1872. 



Chap. 91. 



An Act to amend the sixth section of chapter seventeen 

OF THE general STATUTES IN RELATION TO EXPENSES OF THE 
COUNTY OF SUFFOLK. 

Be it enacted, §'c., as folloios : 

The sixth section of chapter seventeen of the General g™*^"^?""^® o* *° 
Statutes is hereby amended by adding at the end thereof the 
following words : — 

No part of the expenses incurred by the laying out, widen- Higiiwaysin 
ing, alteration, discontinuance, building or repair of any ^•^'^'^'^^• 
highway, bridge or other way of travel in the city of Chel- 
sea or the towns of Revere and Winthrop, shall be assessed 
upon the county of Suffolk or the city of Boston. 

No part of the expenses incurred by the laying out, widen- Highways ia 
ing, alteration, discontinuance, building or repairs of any vv^uThrop.* 
highway, bridge or other way of travel in the towns of Revere 
and Winthrop, shall be assessed upon the city of Chelsea. 

Aj)proved March 12, 1872. 



80 



1872.— Chapters 92, 93, 94. 



Chat). 92. ^^ -^^"^ '^^ AUTHORIZE THE OLD COLONY AND NEWPORT RAILWAY 
"' ^' COMPANY TO EXTEND ITS WHARF IN SOMERSET, AND TO CON- 



May extend 
wharf in So- 
merset. 



Proviso. 



STRUCT AN ADDITIONAL WHARF. 

Be it enacted, ^c, as follows: 

Section 1. License is hereby given to the Old Colony 
and Newport Railway Company to extend its present wharf 
and to construct an additional wharf at the westerly end of 
its bridge over Taunton Great River in the town of Somer- 
set, within such limits as the harbor commissioners may de- 
termine and direct : provided, that all things done under 
this act shall be subject to the provisions of the fourth section 
of chapter one hundred and forty-nine of the acts of the year 
eighteen hundred and sixty-six, and to the provisions of 
chapter four hundred and thirty-two of the acts of the year 
eighteen hundred and sixty-nine, so far as applicable. 

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

Approved March 12, 1872. 



Chap. 



May extend 
wharf at Vine- 
yard Haven 
Harbor. 



Proviso. 



93. A^N Act to authorize howes norris to extend his wharf at 

VINEYARD HAVEN HARBOR. 

Be it enacted, Sfc, as follows : 

Section 1. License is hereby given to Howes Norris to 
extend his wharf at Bellevue Heights, (formerly called East- 
ville), on the east side of Vineyard Haven Harbor, subject 
to such limits as the harbor commissioners may determine 
and direct : provided, that all things done under this act 
shall be subject to the provisions of the fourth section of 
chapter one hundred and forty-nine of the acts of the year 
eighteen hundred and sixty-six, and to the provisions of 
chapter four hundred and thirty-two of the acts of the year 
eighteen hundred and sixty -nine, so far as applicable. 

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

Approved March 12, 1872. 



Chap. 



QA An Act to authorize henry nickerson and his associates 

TO BUILD A WHARF IN HARWICH. 



May build 
wharf in Har- 
wich. 



Proviso. 



Be it enacted, §*c , as follows : 

Section 1. Henry Nickerson and his associates are here- 
by authorized to build and maintain a wharf from land owned 
by them in the town of Harwich, west of Herring River and 
near the line of said town and the town of Dennis, within 
such limits as the harbor commissioners may determine and 
direct : provided, that all things done under this act shall be 
subject to the provisions of the fourth section of chapter one 
hundred and forty-nine of the acts of the year eighteen hun- 
dred and sixty-six, and to the provisions of chapter four hun- 



1812.~Chapters 95, 96. » 81 

dred and thirty-two of the acts of the year eighteen hundred 
and sixty-nine, so far as applicable. 

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

Approved March 12, 1872. 
An Act to authorize the town of milford to take and con- QJidV)^ 95^ 

VEY WATER TO VERNON GROVE CEMETERY. "' 

Be it enacted, ^'c, as follows : 

Section 1. The town of Milford may convey water from May convey 
land owned by Stephen Mathewson to Vernon Grove Ceme- Yefyl^d llfct' 
tery, and may erect a reservoir on land of said Mathewson, fountains. 
and convey the water thence in pipes to said cemetery 
through land of George W. Cook, Cornelius Cronan, John 
Newgent and Abel Albee, and may erect, maintain and 
establish public fountains within the limits of said cemetery. 

Section 2. Said town shall be liable to pay all damages Liability for 
sustained by any persons in their property by the taking of ^^^^s^^- 
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 Worcester, 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 commis- 
sioners and jury shall have the same powers, and the pro- 
ceedings shall in all respects be conducted in the same man- 
ner as provided in case of taking land for highways. 

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

Approved March 12, 1872. 
An Act to consolidate the mill river and Williamsburg Chap. 96. 

RESERVOIR companies, AND FOR OTHER PURPOSES. "* 

Be it enacted, ^c, as follows: 

■ Section 1. The Mill River Reservoir Company and the The Miii River 
Williamsburg Reservoir Company, are hereby authorized bufg^ese?ioir 
and empowered to merge and consolidate their respective be'cons^JiwSe^ 
corporations, upon such terms as may be mutually agreed by vote of 
upon : provided, the said companies, at meetings of their 
respective stockholders, duly notified, shall, by a vote of a 
majority in interest of the stockholders present and voting 
at such meetings, agree so to do. And said consolidated cor- 
poration shall have, hold, possess and enjoy all the powers, 
privileges, rights, franchises, property, claims, demands and 

11 



82 



1872.— Chapters 97, 98. 



Additional re- 
servoir may be 
constructed. 



Eeal and per- 
sonal estate. 



Capital stock 
and shares. 



Any corpora- 
tion having in- 
terest in mill 
privilege on 
river may take 
8tocl{ with con- 
sent of Reser- 
voir Company. 



Chap. 97. 



May borrow 
money to alter 
and repair 
court-liouse in 
Greenfield. 



Chap. 98. 



Appropriations 
granted. 



estates which at the time of said merger and consolidation 
may be held and enjoyed by either of said existing compa- 
nies, and be sulrject to all the duties, restrictions, obligations, 
debts and liabilities to which, at said time, either is subject 
in severalty. 

Section 2. Said consolidated corporation shall be called 
The Mill River and Williamsburg Reservoir Company, and 
is hereby authorized and empowered to construct and main- 
tain an additional reservoir or reservoirs, on Mill River, or 
any branch or stream tributary thereto, in the towns of 
Goshen or Williamsburg, for the supply of mills situated on 
said river ; with all the powers and privileges, and subject 
to all the duties, restrictions and liabilities set forth in all 
general laws which now are or may hereafter be in force 
relating to such corporations. 

Section 3. Said consolidated corporation may hold real 
and personal estate necessary and convenient for the pur- 
poses aforesaid ; and the capital stock shall not exceed the 
amount of one hundred thousand dollars, which shall be 
divided into shares of one hundred dollars each. 

Section 4. Any corporation established by law in this 
Commonwealth, and owning or having an interest in any 
mill privilege on said Mill River, may, with the consent of 
the said reservoir company, purchase and hold shares in the 
capital stock thereof, in such number, and of such value, as 
said corporation may deem expedient. 

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

Approved March 12, 1872. 

An Act to authorize the county commissioners of the 
county op franklin to borrow money for the purpose of 
altering and repairing the court-house at greenfield. 

Be it enacted, tVc, as follows : 

Section 1. The county commissioners of the county of 
Franklin may borrow, upon the credit of said county, a sum 
not exceeding forty thousand dollars, for the purpose of alter- 
ing and repairing the court-house in Greenfield. 

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

Approved March 13, 1872. 

An Act making additional appropriations for certain ex- 
penses AUTHORIZED IN THE YEAR EIGHTEEN HUNDRED AND SEV- 
ENTY-ONE AND PREVIOUS YEARS, AND FOR OTHER PURPOSES. 

Be it enacted, ^'c, as follows: 

Section 1. The sums hereinafter mentioned are appro- 
priated to be paid from the ordinary revenue, except in cases 
otherwise ordered, for the purposes specified herein, to wit : 



1872.— Chapter 98. 83 

For printing and binding ordered by the senate or house of biTdiSdered 
representatives, or by the concurrent order of the two j^^yg^g"*^^*^ ^^'^ 
branches, a sum not exceeding one thousand three hundred 
and twelve dollars and thirty-nine cents. 

For printing and binding the series of public documents Printinfr and 
in the last quarter of the year eighteen hundred and seven- documfuts. '° 
ty, a sum not exceeding six hundred and eighty-three dol- 
lars and one cent. 

For registration blanks for the secretary's department, a Registratioa 
sum not exceeding sixty five dollars and eighty cents. blanks. 

For terra reports, a sum not exceeding six hundred and '^'^'"'^ reports, 
forty-two dollars and fifty cents. 

The unexpended balance of the appropriation made in codification of 
chapter four hundred and eight of the acts of the year eight- railroad laws. 
een hundred and seventy, in relation to the codification of 
the railroad laws, amounting to nine hundred and sixteen 
dollars and seven cents is hereby reappropriated for the same 
purpose. 

For incidental expenses of the treasurer's department, a Treasurer. 
sum not exceeding one hundred and two dollars and eighty- peuse^.' 
seven cents. 

For clerical and other expenses of the tax commissioner's Tax commis- 

- '^ -,. Ill sioner. 

department, a sum not exceeding one thousand seven hun- clerical and 
dred dollars and eighty-four cents. otiier expenses. 

For expenses of the commissioner of corporations, a sum Commissioner 

-I- r-n, 1 11 of corporations. 

not exceedmg nity dollars. 

For contingent expenses connected with the apportion- Apportionment 
ment of state and county taxes, in accordance with the pro- county^txts. 
visions of chapter one hundred and twenty-five of the acts peuse"^**"*^ '^^" 
of the year eighteen hundred and seventy-one, a sum not 
exceeding seven hundred and eighteen dollars and seven 
cents. 

For expenses of the secretary of the board of agriculture, secretary of 
a sum not exceeding thirty-six dollars and forty cents. cuUure°*ex-"' 

For incidental expenses of the board of agriculture, a sum J^oar'dof agri- 
not exceeding seventeen dollars and ninety-eight cents. culture, inci- 

For incidental expenses of the board of education, a sum peuses. 
not exceeding one hundred and fifty-one dollars and thirty- uonl^lnddentai 
four cents, payable from the moiety of the income of the '--^peuses. 
Massachusetts school fund, applicable to educational purposes. 

For the compensation of the employes at the state arsenal Employes at 
in Cambridge, a sum not exceeding thirty dollars and sixty- 
five cents. 

For the compensation of the state police for the year eight- state police. 
een hundred and seventy, a sum not exceeding one hundred 
and fifty-six dollars. 



84 



1872.— Chapter 98. 



Nautical 
school. 



Tewksbury 
state alms- 
house. 

Erecting hos- 
pital, etc. 



Harbor com- 
missiouera. 



Kailroad com- 
missioners. 

Plans for 
bridges across 
Charles River. 



Construction 
and repair of 
roads in Mash- 
pee. 



Mass. Infant 
Asylum. 



Construction of 
road in Gay 
Head. 



State house, 
repairs, etc. 



Contingent ex- 
penses of legis 
lature. 

Bridgewater 
state alms- 
house. 



For the current expenses of the Massachusetts nautical 
school, a sum not exceeding two thousand six hundred and 
thirty-one dollars and twenty cents. 

For expenses incurred in erecting, furnishing and heating 
the hospital at the state almshouse at Tewksbury, in accord- 
ance with the provisions of chapter eleven of the resolves of 
the year eighteen hundred and seventy-one, a sum not ex- 
ceeding eight hundred and fifty dollars. 

For the compensation and expenses of the harbor commis- 
sioners, a sum not exceeding one thousand and seventy-three 
dollars and thirty-one cents. 

For expenses of the railroad commissioners, a sum not 
exceeding three hundred and sixty dollars. 

For expenses incurred by the board of harbor commission- 
ers and the board of railroad commissioners in obtaining 
plans for bridges across Charles River, as authorized by sec- 
tion two of chapter three hundred and one of the acts of the 
year eighteen hundred and seventy, a sum not exceeding 
two hundred and fifty dollars. 

For expenses incurred in the construction and repair of 
roads in the town of Mashpee, agreeably to the provisions of 
section five of chapter two hundred and ninety-three of the 
acts of the year eighteen hundred and seventy, a sum not 
exceeding three hundred dollars. 

The unexpended balance of the appropriation made in 
chapter three hundred and ninety-eight of the acts of the 
year eighteen hundred and seventy-one, for the reimburse- 
ment of the Massachusetts infant asylum for the support of 
infants having no known settlement in the Commonwealth, 
is hereby made applicable for the same purpose for the pres- 
ent year. 

The unexpended balance of the appropriation made in 
chapter four hundred and seven of the acts of the year 
eighteen hundred and seventy, for the construction of a road 
in the town of Gay Head, amounting to three thousand two 
hundred and eighty-six dollars and fifty-eight cents, is hereby 
reappropriated for the same purpose : provided, that the whole 
amount to be paid from the state treasury for this purpose, 
shall not exceed said amount. 

For repairs, improvements and furniture for the state 
house, a sum not exceeding two thousand six hundred and 
fifty-eight dollars and thirty-seven cents. 

For contingent expenses of the legislature, a sum not ex- 
ceeding six hundred and ninety-four dollars and three cents. 
For expenses of the state almshouse at Bridgewater, a sum 
iiQt exceeding two hundred and fifty dollars. 



1872— Chapter 99. 85 

In the resolve of the present session, authorizing certain state prison, 
repairs at the state prison, a sum not exceeding five thou- ""epa"*- 
sand four hundred and seventy-five dollars. 

The unexpended balance of the appropriation made in Balance of ap- 
chapter three hundred and ninety-six of the acts of the defiwencte", ^'^ 
year eighteen hundred and seventy-one, for the payment of reappropriated. 
sundry small items of expenditure due and unpaid in previ- 
ous years, amounting to two hundred and seventy-five dol- 
lars, is hereby reappropriated for the same purposes. 

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

Approved March 14, 1872. 

An Act in addition to an act incorporating the Brighton /-yi qq 

branch railroad company, to change the name of the same, ^"^p« ^y* 
and for other purposes. 

Be it enacted, Sfc , as follows : 

Section 1. The Brighton Branch Railroad Company is Brighton Br. 
hereby authorized to commence its road at any convenient Railroad co. 
point on the line of the Boston and Albany Railroad, Route of road 
between Cottage Farm station in Brookline and AUston through^Brigh^-' 
station in Brighton, and to extend the same through the ton 'to's^ldT- 
towns of Brighton and Newton to some convenient point on ham. 
the line of the Boston and Albany Railroad in the town of 
Needham between Rice's crossing and Grantville station ; 
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 shall hereafter be known by Name changed, 
the name of the Brighton and Newton Railroad Company. 

Section 3. Said corporation may enter with its railroad May enter upon 

.,., '. , , •',, ., T/.,i -T. and use Boston 

upon, unite the same with, and use the railroad oi the Bos- and Albany 
ton and Albany Railroad Company, and said last named ^'^'''■<'*'^- 
company may enter with its railroad upon, unite the same 
with, and use the railroad of said Brighton and Newton 
Railroad Company, 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 the Boston and Albany Railroad Aib^nTRR'co. ' 
Company, upon such terms as may be agreed by the direct- 
ors of said corporations respectively, and approved by the 
stockholders of the same at meetings called for the purpose. 

Section 5. The capital stock of said corporation shall capital stock 
not be less than five hundred thousand dollars, and may be ^^ s^^'r^^. 
increased from time to time by the stockholders to an 
amount not exceeding one million dollars in all, divided 
into shares of one hundred dollars each. 



86 



1872.— Chapters 100, 101. 



PrOTiso. 



Sfid sh°r™*and SECTION 6. The town of Newtoii may subscribe for and hold 
securities of sharcs of the Capital stock or tlie securities of said railroad cor- 
ceeding five per poratioii, to an amouut not exceeding five per centum of the 
va?uation?^^^ valuation of said town for the year in which the subscription 
shall be made : provided^ that two-thirds of the legal voters of 
said town present and voting by ballot, and lising the check 
list, at a legal town meeting duly called for the purpose, 
shall vote to subscribe for such shares or securities : and 
provided, also, that the total amount of all subscriptions of 
said town, which have been or may be made to the stock or 
securities of any railroad corporation or corporations under 
authority of this or any previous act, shall not exceed five 
per centum of the assessed valuation of said town. Said 
town may pay for such shares or securities so voted to be 
taken, out of its treasury, and may raise by loan upon bonds, 
or tax, or otherwise, any and all sums of money which may 
be necessary to pay for the same, and may hold and dispose 
of the same like other town property ; and the selectmen 
of said town, or any agent specially chosen for the purpose, 
shall have authority to represent said town at any and all 
meetings of said corporation, and may vote on the whole 
amount of the stock so held, anythiug in the general laws 
to the contrary notwithstanding. 

Section 7. This act shall take effect upon its passage, 
and shall be void unless said railroad is located within two 
years, and constructed within four years from its passage. 

Approved March 14, 1872. 

CAaj). 100 -^^ -^^^ '^'^ INCORPORATE THE MECHANICS' SAVINGS BANK, IN 
■^' HOLYOKE. 

Be it enacted, Sfc, as folloivs : 

Section 1. Roswell P. Crafts, Timothy Merrick, James 
H. Newton, Henry A. Chace, Augustus Stursburg, John 
Delany, Stephen Holman, their associates and successors, 
Name and pur- are hereby made a corporation by the name of the Mechan- 
ics' Savings Bank, to be located in Holyoke ; 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 applicable to institutions 
for savings. 

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

Approved March 19, 1872. 

nhnnn 101 -^^ ^^'^ '^^ INCORPORATE THE BRIDGEWATER SAVINGS BANK, IN 
U/iOp. iUi BRIDGEWATER. 

Be it enacted, S^c, as follows : 

Corporators. SECTION 1. Joscph A. Hyde, Mitchcll Hooper, Lafayette 

Keith, Samuel P. Gates, Lloyd Parsons, their associates and 



Koad to be lo- 
cated witliin 
two years and 
constructed 
within four 
years. 



Corporators, 



pose 



Powers and 
duties. 



1872.— Chapters 102, 103, 104. 87 

successors, are hereby made a corporation by the name of ^'i™® ^^^ P"r- 
the Bridgewater Savings Bank, to be located in the town of 
Bridgewater ; with all the powers and privileges, and sub- ^uueT ^^^ 
ject 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 saviugs. 

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

Approved March 19, 1872. 
An Act to incorporate the whitinsville savings bank, in Qhn^ IQO 

NORTHBRIDGE. ^' 

Be it enacted, cVc, as follows: 

Section 1. John C. Whitin, Josiah Lasell, Paul W. Corporators. 
Dudley, their associates and successors, are hereby made a 
corporation under the name of the Whitinsville Savings Name and pur- 
Bank, to be located at Whitinsville, in the town of North- 
bridge ; 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, appli- 
cable to institutions for savings. 

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

Approved March 19, 1872. 



Chap. 103 



An Act to change the name of the weymouth and braintree 
institution for savings. 

Be it enacted, Sfc, as folloivs : 

Section 1. The corporate name of the Weymouth and Name changed. 
Braintree Institution for Savings, organized under the pro- 
visions of chapter thirty-nine of the acts of the year one 
thousand eight hundred and thirty-three, is hereby changed, 
and the said corporation shall hereafter be known and called 
by the name of the Weymouth Savings Bank. 

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

July next. Approved March 19, 1872. 

An Act to authorize the ashburnham railroad company to fyi^^ i (\a 

EXTEND AND LEASE ITS ROAD. K^llUp. iUi 

Be it enacted, Ifc, as folloivs: 

Section 1. The Ashburnham Railroad Company is here- May extend 
by authorized to extend its road, and for that purpose may Ag'hburXaf^ 
locate, construct, maintain and operate a railroad with one andAshby to 
or more tracks, from its road in Ashburnham, through Ash- shire ime. 
burnham and Ashby to the state line of New Hampshire in 
the town of New Ipswich. 

Section 2. Said company may lease its railroad, fran- May lease road 
chise and other property to any other railroad corporation ingTaiiroad^*''' 



88 1872.— Chapters 105, 106. 

with whose road its railroad may connect, upon such terms 
and conditions as may be agreed upon by the directors of 
the contracting corporations, and approved by the stock- 
holders of said corporations at meetings called for the 
purpose. 

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

Approved March 19, 1872. 

Chat). 105 -^^ ^'^'^ "^^ INCREASE THE CAPITAL STOCK OF THE FITCHBURG RAIL- 
"' ROAD COMPANY. 

Be it enacted, Sfc, as follows : 

$1,000,000 addi- Section 1. The Fitchburg Railroad Company may in- 
stock. crease the capital stock which they are now empowered to 

issue to the extent of one million dollars to provide for the 

extension of their business. 
Mayissueseven SECTION 2. Said Company as a substitute for all or any 
instead of in- part of said stock may issue bonds drawing interest not 
creasing capi- exceeding sevcu per centum: provided, that the whole 
Proviso. amount of stock and bonds issued under this act shall not 

exceed said sum of one million dollars. 

Approved March 19, 1872. 

Chap. 106 -^^ •^^^ '^^ REVIVE THE CHARTER OF THE WORCESTER AND SHREWS- 
•* * BURY STREET RAILWAY COMPANY. 

Be it enacted, Sfc, as follows : 

Charter reviv- SECTION 1. Chapter two hundred and thirty-three of the 
acts of the year eighteen hundred and seventy, entitled " An 
Act to incorporate the Worcester and Shrewsbury Street 
Railway Company," is hereby revived and continued in 
force, except so much of section two of said act as relates to 

Time for local- the locatiou in the city of Worcester. And the time for 

mg extended. . •tmt-ii ti^ j 

locating said railroad is hereby extended tor two years, ana 
for the completion of the same, three years from the passage 
of this act. 
May connect SECTION 2. Said Corporation is hereby authorized to 

"With W orcGStor 

street Railway locatc its roadway so as to connect with the Worcester 
square.'""^*"'^ Street Railway at Washington square in Worcester, thence 
easterly over Shrewsbury street, highways and private lands 
to the east end of the causeway at Quinsigamond Lake ; and 
may construct, maintain and operate said roadway, when 
twenty-five thousand dollars shall have been subscribed and 
paid in in cash. 

Nothing in this act shall authorize the location of said 
railway through lands belonging to the Commonwealth. 

Approved March 19, 1872. 



1872.— Chapters 107, 108, 109, 110. 89 

An Act to amend an act concerning the division of flats. Chap. 107 

Be it enacted, S^'c, asfolloios : 

Section seven of chapter three hundred and thirty-eight Proceedings 

p ,, , n 1 .1 1 11 1 i under 1864, 306, 

01 the acts oi the year eighteen hundred and seventy-one not to be affect- 
shall not be taken to affect any proceedings which had f^^^ ^^^^' ^^' 
already been commenced and were pending, at the time of 
the passage of said act, under chapter three hundred and 
six of the acts of the year eighteen hundred and sixty-four. 

Approved March 19, 1872. 

An Act to increase the salaries of the justice and clerk of (Jfidp^ "[08 

THE police court OF CHARLE8T0WN. ^' 

Be it enacted, Sfc, as follows : 

Section 1. The justice of the police court of Charles- salaries of jus- 
town shall hereafter receive an annual salary of sixteen *'^'' ^"^^ '^^''^^' 
hundred dollars, and the clerk thereof an annual salary of 
one thousand dollars. 

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

July next. Approved March 19, 1872. 

An Act to annex a part of sandwich to mashpee. Chat) 109 

Be it enacted, Sj-c., as follows : 

The second section of chapter sixty-seven of the acts of !'»'•* of sand- 
the year eighteen hundred and sixty is hereby repealed, and to Masiipee. 
the territory thereby annexed to the town of Sandwich is 
hereby set off from said town and annexed to the town of 

Mashpee. Approved March 19, 1872. 

An Act in relation to the uniforms of disbanded militia Chat). 110 

companies. ■* * 

Be it enacted, §'e., as folloivs : 

Section 1. Any militia company which has been uni- uniforms of 
formed under the provisions of chapter three hundred and he'reafter dis- 
thirty-two of the acts of the year one thousand eight hun- he^d^'by quarter- 
dred and sixty -nine, and which shall hereafter be disbanded, ™/compa^ny or! 
shall turn its uniforms over to the quartermaster of the ganizedinits 
regiment to which the disbanded company was attached ; recmits of oUier 
such uniforms to be held by the quartermaster, subject to th^^egtoen°. 
the direction of the regimental commander, for the use of 
any company which may be organized to take the place of 
the disbanded company, or for the supply of recruits to any 
of the companies of the regiment. 

Section 2. The regimental officers of any regiment to uniforms of 
which any company heretofore disbanded belonged, and he^l'toforl dis. 
which was uniformed under the provisions of said chapter, sec"u1-ed a° far 
are hereby authorized to secure, as far as possible, the uni- as possible, 

12 



90 1872.— Chapters 111, 112, 113. 

forms of any such company, and turn them over to the 
quartermaster of the regiment, to be held and disposed of 
as provided in the preceding section. 

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

Approved March 19, 1872. 

Chap. Ill -^N Act to authorize the county commissioners of the county 

OF BRISTOL TO BORROW MONEY FOR THE PURPOSE OF COMPLETING 
THE erection OF A NEW JAIL AT TAUNTON. 

Be it enacted, §'c., as folloivs : 

Sfay borrlJ'w^'^^ SECTION 1. The couuty commissioners of the county of 

"letTVu at°°^" ■B'^^stol "^^y borrow a sum not exceeding seventy-five thou- 

Taunton. saud dollars, in addition to the sum authorized by chapter 

three hundred and thirteen of the acts of the year eighteen 

hundred and seventy-one, to complete the erection of a new 

jail at Taunton. 

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

Approved March 19, 1872. 

Chap. 112 '^^ -^^^ ^*-* AUTHORIZE THE TOWN OF WRSTPORT TO CONSTRUCT A 
■* ' BRIDGE OVER THE EAST BRANCH OF WESTPORT RIVER. 

Be it enacted, Sfc, as follows: 
Md e"over Section 1. The Selectmen of the town of Westport may 

westport lay out a way, and said town may construct and maintain a 
bridge over the east branch of Westport River, from West- 
port Point to Horse Neck Beach, both in said town, subject 
to the provisions of section four of chapter one hundred and 
forty-nine of the acts of the year eighteen hundred and six- 
ty-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 19, 1872. 

Chap. 113 -^^ -^^^ '^^ AUTHORIZE THE CITY OF FALL RIVER TO CONSTRUCT 
-* * A BRIDGE OVER FALL RIVER CREEK. 

Be it enacted, Sfc, as follows: 
May build SECTION 1. The mavor and aldermen of the city of Fall 

DrioflrG over 

Fall River Rivcr, wltli the coucurrcnt vote of the common council, may 

^'^^^^' lay out a street or town way and construct a bridge over Fall 

River Creek in Fall River, at such place between Central Street 
Bridge and the westerly end of Slade's wharf as they shall 

Proviso. deem expedient : provided, if they shall lay out and construct 

said bridge, so the northerly side thereof shall be more than 
sixty feet distant from the northerly side of said Central 
Street Bridge, then they shall construct said bridge with a 
suitable draw to accommodate navigation, and not otherwise : 

Froviso. provided, also, that the said bridge and draw shall be con- 



1872.— Chapter lU. 91 

structed in a manner approved by the harbor commissioners 
according to the provisions of section four, chapter one hun- 
dred and forty-nine of the acts of the year eighteen hun- 
dred and sixty-six, and of chapter four hundred and thirty- 
two of the acts of the year eighteen hundred and sixty -nine. 
Section 2. Tiiis act shall take effect upon its passage. 

Approved March 19, 1872. 

An Act to supply the village of south hadley falls with QJiap, 114 

WATER. 

'Be it enacted., tVc, as follows : 

Section 1. Fire district number one of the town of South First fire dis- 
Hadley is hereby authorized to supply itself and its inhabit- HadieymTy 
ants with pure water to extinguish fires, generate steam and tv\l^|i''^a^e^/f 
for domestic and other purposes ; and may establish public 
fountains and hydrants, and regulate their use and may dis- 
continue the same and may fix and collect rents for the use 
of such water. 

Section 2. Said district, for the purpose aforesaid, may May take water 
take and hold the water of Buttery Brook at or near Br^k"*"^^ 
land of the heirs of Alonzo Lamb, deceased, or such other 
natural water sources within its own limits as will give a 
sufficient supply of water ; and may also take and hold all 
land necessary for raising, holding and preserving such water, 
and conveying the same to any and all parts of said district ; 
and may erect thereon proper dams, buildings, fixtures and May erect 
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 any 
water-course or railroad and along any street, highway 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 *^*[j^!f "^ 
other proper purposes of this act, may dig up any such street, 
highway or other 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 tilings done upon any rail- 
road shall be subject to the direction of the county commis- 
sioners for the county of Hampshire : provided, that within proviso, 
sixty days after the time of taking any land or water sources 
as aforesaid, said fire district shall file in the registry of deeds 
for the county of Hampshire a description thereof sufficiently 
accurate for identification, with a statement of the purposes 
for which the same is taken. 

Section 3. Said fire district may purchase from the own- Maypurciiase 
er or owners of any aqueduct within its limits his or their t'uMuus""* 

limits. 



92 1872.— Chapter 114. 

whole water right, estate, properties, franchise, and privi- 
leges, and by such purchase become entitled to all the rights 
and privileges and subject to all the duties and liabilities ap- 
pertaining and belonging to such owner or owners : provided^ 
hoivever, that said fire district shall not exercise such author- 
ity to purchase without the sanction of a majority of the 
voters thereof present and voting thereon at a legal meeting 
duly called for that purpose and at which the check list shall 
be used. 
Liability for SECTION 4. Said fire district shall be liable to pay all dam- 

amages. ^^^^ sustaiucd by any persons on their property by the taking 

of any lands, water, water sources, or water rights, or by the 
construction of any aqueduct, reservoir, or other works for 
the purposes aforesaid. If any persons sustaining damages 
as aforesaid cannot agree with the fire district upon the 
amount of such damages, he may have the same 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 dam- 
ages may have the same determined by a jury ; and the said 
commissioners and jury shall have the same power and the 
proceedings shall in all respects be conducted in the same 
manner as provided in case of taking land for highways. 
^o^/ixcTedi*"*^^ Section 5. For the purpose of paying all necessary ex- 
$00,000. penses and liabilities incurred under the provisions of this 

act, said fire district may issue bonds signed by the clerk and 
countersigned by the prudential committee, to be denomi- 
nated " South Hadley Falls Water Bonds," to an amount not 
exceeding sixty thousand dollars, payable at periods not ex- 
ceeding twenty-five years from the date thereof, with interest 
payable semi-annually at a rate not exceeding seven per cen- 
tum per annum ; and said fire district 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 in the 
manner prescribed by law, to pay said bonds and interest 
thereon when due ; but said fire district shall not raise more 
than two thousand five hundred dollars in any one year to 
pay the principal of said bonds, except the year on which the 
same may become due. 
Powers granted SECTION 6. The rights, powcrs and privileges hereby 
cised by agents, granted may be exercised by such officers, agents and ser- 
vants as such fire district shall elect or employ, who shall 
act in accordance with the votes of said fire district. 
Penalty for di- SECTION 7. Any pcrsou who shall maliciously divert the 
ver ing wa er ^^^^j, ^^ ^^^^ ^^^^ thereof takcii and used under the provl- 



1872.— Chapters 115, 116. 93 

sions of this act, or who shall maliciously corrupt the same, or maliciously 
or render it impure, or who shall maliciously destroy or in- l^ml]' '"^ 
jure any dam, aqueduct, pipe, hydrant or other property real 
or personal, held, owned or used by said fire district for the 
purpose of this act, shall pay three times the actvial damage 
to said fire district, 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 mouths. 

Section 8. Said fire district is hereby made and declared ^g''^ body'cor-° 
to be a body corporate so far as to take and hold property for porate for pur- 
the purposes mentioned in this act, and to prosecute and de- aa?^ 
fend in all actions relating to the property and affairs of said 
district. 

Section 9. Said fire district may elect or employ such May elect or 
officers or agents as it may see necessary to effect the pur- *p^°'" ^^^^ *• 
poses of this act, subject to such rules and regulations as it 
may adopt at a meeting called for that purpose. 

Section 10. This act shall take effect upon its passage. 

Approved March 19, 1872. 
An Act to authorize the city of somkrville to issue addi- nhny) 115 / 

TIONAL WATER BONDS. ■» ' 

Be it enacted, §'c., as folloios: 

Section 1. The city of Somerville may, for the purposes somerviiie ma/ 
mentioned in the first section of chapter two hundred and wa"ter%oiids. 
two of the acts of the year eighteen hundred and sixty-eight, 
issue bonds to an amount not exceeding two hundred thou- 
sand dollars in addition to the amounts authorized to be 
raised by taxation or to be borrowed by said act and by chap- 
ter seventy-two of the acts of the year eighteen hundred and 
seventy. 

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

Approved March 19, 1872. 



An Act to authorize the town of malden to issue addi- 
tional WATER FUND BONDS. 



Chap.UG 

Be it enacted, §'c., as follows : 

Section 1. The town of Maiden may, for the purposes Maiden may 
mentioned in the third section of chapter one hundred and water'bomis."'^ 
sixty of the acts of the year eighteen hundred and seventy, is- 
sue bonds to an amount not exceeding one hundred thousand 
dollars, in addition to the amount therein authorized to be 
issued, upon like terms and conditions, and with like pow- 
ers in all respects as are provided in said act for the issue of 
bonds of said town. , 

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

Approved March 19, 1872. 



94 



1872.— Chapters 117, 118. 



Chap.Ul 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Real and per- 
sonal estate. 



Members not to 
be less than ten 
nor more than 
fifteen. 



May receive 

f rants and 
onations. 



May adopt 
rules for man- 
agement and 
use of library. 



An Act to incorporate the hingham public library. 
Be it enacted, Sfc, as folloics : 

Section 1. Calvin Lincoln, Solomon Lincoln, Ezra Ste-' 
plienson, Fearing Burr, Jonathan Tilson, Quincy Bicknell, 
George Hersey, William Fearing, second, Elijah Shute, Am- 
asa Whiting, David Whiton, Arthur Lincoln, Thomas S. 
Bouvd, Albert Fearing, Lincoln Fearing, their associates and 
successors, are hereby made a corporation by the name of 
the Hingliam Public Library, for the purpose of maintaining 
a public library in Hingham ; with all the powers and privi- 
leges, 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 such corporations. 

Section 2. Said corporation may hold real and personal 
estate for the purposes aforesaid, to an amount not exceeding 
one hundred and fifty thousand dollars, exclusive of books, 
papers, collections in natural history and works of art. 

Section 3. The members of said corporation shall not be 
less than ten or more than fifteen in number, and all vacan- 
cies occurring therein may be filled at such times and in 
such manner as the corporation may determine. 

Section 4. Said corporation may receive and hold for 
the purposes aforesaid, any grants, donations or bequests, 
under such conditions and rules as may be prescribed in such 
grants, donations and bequests : provided the same are not 
inconsistent with the provisions of law. 

Section 5. Said corporation shall have power to adopt 
proper regulations for the use and management of the 
library, and so long as it shall allow the inhabitants of Hing- 
ham free access to and use of its library, said town may 
annually appropriate and pay to said corporation money to 
aid in supporting the same. 

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

Approved March 19, 1872. 



CAo/;. 118 



May sell books 
to Lawrence 
for public li- 
brary. 



Ax Act to authorize the franklin library association to 

TRANSFER ITS PROPERTY TO THE CITY OF LAWRENCE. 

Be it enacted, §"c , as follows : 

Section 1. The Franklin Library Association may sell, 
transfer and convey all its books and personal property to 
the city of Lawrence, for the purpose of establishing a pub- 
lic library in said city, upon such terms and conditions as 
may be agreed upon by said association and the city council 
of said city. 

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

Approved March 19, 1872. 



1872.— Chapters 119, 120, 121. 95 

An Act to authorizk the somerset iron company to extend QJidf)^ W9 

ITS WHARF IN TAUNTON RIVER. -* * 

Be it enacted, ^'c, as follotos : 

Section 1. License is hereby given to the Somerset Iron Mayext''"'^ 
Company to extend its wharf in Taunton River, within such touitiver. 
limits as the harbor commissioners may determine and direct : 
provided^ that all things done under this act shall be subject rroviso. 
to the provisions of the fourth section of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hundred 
and sixty-six, and to the provisions of chapter four hundred 
and thirty-two of the acts of the year eighteen hundred and 
sixty-nine, so far as applicable. 

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

Approved March 19, 1872. 
An Act to incorporate the stoneham odd fellows' hall asso- Qfidff 120 

CIATION. * * 

Be it enacted, Sfc , as follows : 

Section 1. Benjamin F. Richardson, Amos Hill, William corporators. 
B. Stevens, George W. Dike, Padilla Beard and Benjamin 
Hibbard, their associates and successors, are hereby made a 
corporation by the name of the Stoneham Odd Fellows' Name and pur- 
Hall Association, for the purpose of managing and admin- ^^^^' 
istering the funds belonging to said association, and for the 
purpose of erecting or purchasing a building in the town of 
Stoneham, and maintaining the same for the accommodation 
and purposes of an Odd Fellows' Hall, and for any other law- 
ful purpose ; with all the powers and privileges, and subject to Powers and 
all the duties, restrictions and liabilities set forth in all gen- "^"^i^^- 
eral laws which now are or may hereafter be in force appli- 
cable to such corporations. 

Section 2. The capital stock of said corporation shall capital stock 
not exceed twenty-five 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 its capital stock : provided^ that 
said corporation shall incur no liability until seven thousand no liability to 
five hundred dollars of its capital stock has been paid in in ui $7,500 has 
cash. 

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

Approved March 19, 1872, 



been paid iu. 



Chap. 121 



An Act to incorporate the proprietors of the huntington 
house in boston. 

Be it enacted, §*c., as follows : 

Section 1. Isaac S. Cruft, Charles R. Thayer and Charles corporators. 
Hale, their associates and successors, are hereby made a 



96 



1872.— Chapters 122, 123. 



Name and pur- 
pose. 



Powers and 
duties. 



Capital stock 
and shares. 



Proviso. 



Not to engage 
in business of 
hotel keeping. 



corporation by the name of The Proprietors of the Hunting- 
ton House, for the purpose of owning and maintaining a 
family hotel, situated on the corner of Boylston and Claren- 
don Streets, in the city of Boston ; 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. The capital stock of said corporation shall be 
one hundred and twenty-five thousand dollars, to be 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 : provided, 
that the said corporation shall incur no liability until at 
least twenty-five thousand dollars shall have been paid in in 
cash. 

Section 3. Said corporation shall not carry on the busi- 
ness of hotel keeping, nor in any way be interested in such 
business. 

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

Approved March 19, 1872. 



Chap 



122 ^^ '^'^^ ^^ AUTHORIZE THE CONNECTICUT RIVER RAILROAD COMPANY 
TO CONTRACT FOR RIGHTS OF WAY OVER CONNECTING ROADS. 



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



Maycontractto SECTION 1. The Connccticut Rivcr Railroad Company 

raiiro'^adhi ver- may coutract with the Vermont and Massachusetts Railroad 

"^°"'' Company, or with the lessees of that part of the railroad of 

said company lying within the state of Vermont, or with any 

connecting railroad company in Vermont, for a lease of its 

road, or for a right of way in common over the same upon 

such terms and conditions as may be agreed upon by the 

directors, and ratified by the stockholders of the connecting 

corporations at a meeting duly called for the purpose. 

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

Approved March 20, 1872. 



Chap. 



Time for loca- 
tion and con- 
struction ex- 
tended. 



190 An Act to extend the time for the location and construction 

^ of the ATHOL and ENFIELD RAILROAD. 

Be it enacted, ^'c, as follows: 

Section 1. The time for the location and construction of 
the Athol and Enfield Railroad is extended two years from 
the passage of this act. 

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

Approved March 20, 1872. 



1872.— Chapters 124, 125. 97 

An Act to authorize the athol and enfield RATLitoAD company QJidp^ 124: 
TO extend its railroad from Barrett's station to spring- "' 

FIELD, 

Be it enacted, ^'c, as follows: 

Section 1. The Athol and Enfield Railroad Company May extend 
may extend its railroad, with one or more tracks from its andA?bany,Tr 
present terminus at or near Barrett's Station in the town of ^°"e"/Ri™.^ 
Belchertown, through Belchertown, Ludlow, Wilbraham and ^"^f^'^gi^ 
Springfield, or any of said towns to some convenient point 
on the line of the Boston and Albany Railroad or the Con- 
necticut River Railroad, in the city of Springfield. 

Section 2. Said corporation may enter with its railroad orYnlte with""^ 
upon, unite the same with and use the railroad of the Bos- other railroads. 
ton and Albany Railroad Company, or of the Connecticut 
River Railroad Company, or either of them, and said last 
named corporations may respectively enter with their rail- 
roads upon, unite the same with, and use the railroad of said 
.Athol and Enfield Railroad Company, subject to the pro- 
visions of the general laws. 

Section 3. Said Athol and Enfield Railroad Company Maycross other 
may cross with its railroad the railroads of other corpora- 
tions on the line of its location, in such manner and upon 
such terms as shall be agreed upon by the parties, or, in 
case of disagreement, as shall be determined by the board 
of railroad commissioners ; but said Athol and Enfield Rail- 
road Company shall not construct its road across the railroad 
of the Boston and Albany Railroad Company at grade, nor 
at a height less than eighteen feet above the tracks of said 
Boston and Albany Railroad. 

Section 4. The extension hereby authorized shall be T9 be located 
located within one year, and constructed within two years riKic?ns"tructed 
from the passage of this act. JTiar's!" ^^'^ 

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

Approved March 20, 1872. 
An Act REQUIRING county COMMISSIONERS TO provide rooms for njiav) 195 

THE USE OF PROBATE COURTS. ^' 

Be it enacted, §'c., as follows: 

Section 1. The county commissioners of the several ^'?""*y '^'l"!' 

• lit • T • ^ /» 1 rt missioiiGrs tO 

counties shall provide suitable rooms for the use of the pro- provide rooms 
bate courts in their respective counties, in those towns probate courts. 
wherein terms or sessions of said courts are now or hereafter 
may be by law required to be held. 

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

Approved March 20, 1872. 
13 



98 1872.— Chapter 126. 

Chap. 126 -^^ -^CT TO INCORPORATE THE NEW ENGLAND MUTUAL INSURANCE 
"' COMPANY. 

Be it enacted, S,x,, as follows : 
Corporators. SECTION 1. George C. Lord, Alpheiis Hardy, Osborn 

Howes, their associates and successors, are hereby made a 
Name and pur- corporation, by the name of the New England Mutual lu- 
^°^^' surance Company, in the city of Boston, for the purpose of 

insuring against marine and fire losses, and losses in inland 
Powe^and transportation, on the mutual principle ; with all the powers 

and privileges, and subject to all the duties, restrictions and 

liabilities set forth in all general laws which now are or 

hereafter may be in force relating to such corporations, 

except as hereinafter provided. 
Not to issue SECTION 2. Said Corporation shall not issuG policies until 

policies uutil o t f> 1 1111 1 

$200,000 paid in, a permanent fund or not less than two hundred thousand 
m cash. dollars divided into shares of one hundred dollars each, has 

been subscribed and paid in in cash. 
Dividends to SECTION 3. The holders of said permanent fund shall be 
manint fund."^ entitled to a net semi-annnal dividend not exceeding six per 
centum on their respective shares, if the net profits and 
income of the company, after providing for all expenses, 
losses and liabilities then incurred, including a sum suffi- 
cient to re-insure all outstanding risks, as provided by the 
laws of the Commonwealth, is sufficient to pay the same ; 
and if any such dividend is less than six per centum, it 
shall be made up wiien such net profits and income become 
sufficient therefor. 
Permanent SECTION 4. In casc the Corporation shall deem it for their 

fund may be m- . . , '^ . , . i , i 

creased to interest, they may receive subscriptions under the provisions 
§400,000. ^^ ^j^g thirty-fifth section of the fifty-eighth chapter of the 

General Statutes to an amount which, added to said perma- 
nent fund may equal the sum of four hundred thousand 
dollars. 
Certificates SECTION 5. The directors may declare each year a divi- 

for di'\kieiX dcud of the remainder of such net profit and income on the 
premiums received on risks terminated during that year and 
issue certificates therefor as provided in the general laws 
relating to mutual marine and fire insurance conapanies. 
Such certificates shall be subject to all the provisions of 
such general laws relating to certificates represented by 
mutual marine and fire insurance companies, and the redemp- 
tion of the same. 
Directors. SECTION 6. The dircctors of said company shall be elected 

by the proprietors of said permanent fund. 

Section 7. This act shall take effect upon its passage. 

Approved March 23, 1872. 



of remainder of 
net profits 



1872.— Chapters 127, 128, 129. 99 

An Act to extend the time for locating and constructing Chap. 127 

THE SnUNGFIELD AND FARMINGTON VALLEY RAILROAD, AND TO 
AUTHORIZE A CHANGE OF THE LOCATION OF SAID ROAD. 

Be it enacted, Sfc , as folloivs: 

Section 1. The time limited by statute for the location Jime extended 

, . n ^ c^ • c ^ ^ -\ -t-\ • Trn for location and 

and construction oi the bprnigheld and i^armmgton Valley construction. 
Railroad, is hereby extended three years. 

Section 2. The second section of chapter one hundred ^^"""e^^.""*^ 
and sixty-eight of the acts of the year eighteen hundred and 
fifty-six, is hereby amended so as to permit the location and 
construction of said railroad upon a route commencing at 
the south line of the state, either in the town of Southwick 
or Agawam, at the termination of any railroad incorporated 
by the state of Connecticut, and running by any convenient 
route in the town of Southwick, Agawam or West Spring- 
field, to and across the Connecticut River to some con- 
venient point in the city of Springfield : provided, that said Proviso, 
corporation shall take no land of the Hartford and New 
Haven Railroad Company north of State street in Spring- 
field. 

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

Approved March 23, 1872. 
An Act to authorize the Connecticut river railroad com- Chap. 128 

PANY TO PURCHASE THE MOUNT TOM AND EASTHAMPTON RAIL- 
ROAD, AND TO INCREASE ITS CAPITAL STOCK. 

Be it enacted, SfX., as follows : 

Section 1. The Connecticut River Railroad Company Connecticut 

1 ,1 •! J /• 1 • 1 ii i 1? River Kailroad 

may purchase the railroad, iranchise and other property or co.maypnr- 
the Mount Tom and Easthampton Railroad Company, upon Mmmt^Tom 
such terms and conditions as may be agreed upon by the Kanroad^'"'^ 
stockholders of the two corporations. 

Section 2. The Connecticut River Railroad Company May increase 
may increase its capital stock to such an amount as may *^'^^'^ ^ ^^°^ ' 
be necessary to purchase the railroad, franchise and other 
property of the Mount Tom and Easthampton Railroad 
Company at its original cost, not exceeding one hundred 
and twenty thousand dollars. 

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

Approved March 23, 1872. 
An Act to authorize the county commissioners of the county Chat). 129 ' 

OF BRISTOL TO LAY OUT A HIGHWAY AND CONSTRUCT A BRIDGE * * 

over TAUNTON GREAT RIVER. 

Be it enacted, Sfc, as follows : 

Section 1. The county commissioners of the county of m'isdone?s°'may 
Bristol, if in their opinion the public convenience and neces- layouthigh- 

■^ ^ ways and build . 



100 



1872.— Chapter 130. 



bridge over 
Taunton Great 
River, between 
Digliton and 
Berkley. 



Assessment for 
cost of building 
and maintain- 
ing bridge and 
di-aw. 



May borrow 
$8,000 on the 
credit of the 
county. 



sity require, may lay out a highway and construct a bridge 
over Taunton Great River, so called, between the towns of 
Dighton and Berkley, near the common landing place, at the 
location of the old Dighton and Berkley bridge, with a suit- 
able and convenient draw for the passage of vessels ; and 
said commissioners, after due public notice and hearing, 
may assess the costs thereof upon said county, and such 
cities and towns therein, as in their judgment will derive a 
special benefit therefrom, or they may assess the whole cost 
of the same upon said county, if deemed by them just and 
reasonable ; and after said bridge shall have been con- 
structed, the cost ,of maintaining and repairing the same, 
and tending the draw, shall be paid by the county, or such 
cities and towns in said county, or partly by both said county 
and such cities and towns, and in such proportions as said 
commissioners shall determine. Said commissioners shall 
in all respects, except as aforesaid, proceed in the same 
manner as is now provided by law for laying out and con- 
structing highways ; and tiie provisions of this section shall 
be subject to the approval of the harbor commissioners, as 
provided in section four of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six, 
and chapter four hundred and thirty-two of the acts of the 
year eigliteen hundred and sixty-nine. 

Section 2. The county commissioners of said county 
may borrow, on the credit of said county, a sum not exceed- 
ing eight thousand dollars, for the purpose of carrying into 
efi'ect the provisions of this act. 

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

Approved March 23, 1872. 



Chap. 130 



County com- 
missioners may 
construct higli- 
way and bridge 
across Connec- 
ticut River. 



May provide 
that portion of 
.bridge may be 
used for street 
railway. 



An Act to establish a free bridge across the Connecticut 

river, between springfield and west springfield. 
Be it enacted, §'e., as follows : 

Section 1. The county commissioners of Hampden 
County may, if in their opinion the public convenience and 
necessity require the same, lay out and construct a highway 
and bridge, with suitable approaches thereto, across the Con- 
necticut River, from the easterly end of the common in West 
Springfield to some point in Springfield opposite thereto ; 
and may also lay out and construct a public highway, to 
connect the said bridge with the Plainfield road, so called, 
in said Springfield. 

Section 2. Said commissioners may, if they deem it ex- 
pedient, in constructing said bridge provide for the use of a 
portion thereof for street railway purposes, and shall at all 



• 1872.— Chapter 130. 101 

times after the completion of said bridge have authority to 
determine upon wliat terms and under what conditions 
street railways may be laid and used upon and across said 
bridge. 

Sections. Before proceeding to locate said bridge and To give notice 
to lay out and establish said highway, the said commissioners place for a hear- 
shall give notice of the time when and the place at which iug'out°eto."^^ 
they will meet to hear all parties interested, by causing a 
notice of such time and place to be published for two suc- 
cessive weeks in some newspaper published in said county. 

Section 4. The said commissioners shall estimate and Damages. 
award damages, occasioned by the location of said bridge, 
and the laying out of said highway, in the same manner as 
is now provided by law in the case of laying out highways, 
and any person aggrieved by the award of said commis- 
sioners shall have a like remedy by application for a jury as 
in the case of laying out highways under the provisions of 
the (jleneral Statutes. 

Section 5. All expenses incurred under this act, includ- Expense of 
ing all expense of maintaining and keeping in repair said amrkc^epinf ia 
bridge, its approaches and the said highway, shall be borne [.o'rue'by ^'^ 
and paid by the city of Springfield and the town of West ;|^"^^,rfjj^flefd 
Springfield, in such proportions and in such manner as shall 
be determined under the following provisions. 

Section 6. When such bridge and highway are com- county com- 
pleted and the full cost thereof ascertained, including therein Jiie^^nThe'^^ *** 
all land damages awarded or assessed, said county commis- § '^j'^'c "th^ °^ 
sioners shall file a report of the fact, together with the amount of cost 

■ of bri(i*'G 

amount of such cost, in the office of the clerk of the supreme " ' 

judicial court of tlie county of Hampden, whereupon, and 
upon the application of the county commissioners or any 
party interested, and after such notice as the court may 
order, said court may appoint a board of three commissioners. Three commis- 
who shall be sworn to the faithful discharge of duties here- appiJi'iit^Yo^^ 
under, to said county and to the cities and towns interested, apportion cost 
served in sucli manner as the court may direct, and a hear- springflew and 
ing of such of said parties as may desire to be heard, shall ^' *'P""sfi^''i' 
award and determine what proportional part of the cost so 
reported, and what proportional part of the cost of main- 
taining and keeping said bridge and highway in repair, and 
all other expenses incurred under this act, shall be borne 
and paid by the city of Springfield and town of West 
Springfield as they shall award and determine will be specially 
benefited thereby, and they shall also award how and by 
whom and to whom such proportional amounts shall be paid. 



102 1872.— Chapter 131. 

mi^sfoliersTJb'e SECTION 7. The determination and award of said commis- 

biuding upon all sioners, Or a majority of them, shall be by them reported in 

therein"'^"^'^ Writing to the supreme judicial court for said county, and 

upon the acceptance thereof by said court and judgment 

and decree entered thereon, shall be binding upon all parties 

named therein, and such proceedings may be had upon such 

judgment and decree to enforce and carry the same into 

effect as is provided by law in civil cases in said court. 

Compensation The Compensation and expenses of said commission shall 

and expenses of .,.'^, / iiiii- ^ ^ 

commission. bo paid lu such manner as they shall by their award deter- 
mine, subject to the approval of the said court ; and all 
matters and things provided by this act to be done in and by 
said court, except the final judgment and decree, may be 
done by any justice thereof as well in vacation as in term 
time. 
w"spHngflew*^ SECTION 8. After the completion of said bridge and high- 
to have care of way, the city of Springfield and the town of West Springfield 
sprinRfitki care shall havo the care and superintendence of the said 
oi highway. bridge, its abutments and piers, and the city of Springfield 
of the highway leading from said bridge to the Plainfield 
road, and shall cause them to be kept in good repair and 
costof rep^airs, g^fe and Convenient for travel ; the cost of the said repairs, 
portioned by care and superintendence to be borne by such parties as the 
commiftsionerb. ^^j^ board of Commissioners shall determine under the 

authority herein before granted. 
dif™^f/°^ Section 9. Liability for defects in the bridge, its piers 

bridge and g^^^ abutmcuts, shall exist on the part of the town of West 
Springfield and the city of Springfield, in such proportions 
as by the award of said commission they severally pay 
towards the cost of keeping the same in repair ; liability for 
defects in the highway leading from said bridge to the Plain- 
field road shall exist only upon the part of the city of 
Springfield. 
Sisfionerfmay SECTION 10. Thc couuty commissioucrs of said county 
borrow $150,000 may boiTow Oil the credit of said county a sum not exceed- 
the county. iug ouc hundred and fifty thousand dollars for the purpose 

of carrying into effect the provisions of this act. 
betJiveireVup- '^"^^ ^^^^ bridge shall not be open for travel, and no travel 
on, until expi- shall be permitted thereon, until the expiration of the right 
of spriugfieid of the Springfield Bridge Company to take tolls, as provided 



Bridge Co. to 
take tolla. 



by its charter. Approved March 23, 1872. 



Chayt. 131 -^^ -^^^ "^^ make free t&e existing bridge over the connecti- 

^' CUT river, BETWEEX SPRINGFIELD AND WEST SPRINGFIELD. 

Be it enacted, §"c., as follows : 

s'^rif^fi^eurand SECTION 1. The bridge over the Connecticut River, be- 
\v. Springfield twccn Springfield and West Springfield, including its piers 



1872.— Chapter 131. 103 

and abutments, is hereby laid out and shall become a public to be free, juiy 
highway on the first day of July next, and no tolls shall be ^'^^^^• 
demanded or received for passing thereon on or after that date. 

Section 2. The supreme judicial court sitting in any commissioners 
county, or any justice thereof, after such notice as it may ageTto'^be paid 
order upon the application of the proprietors of the Spring- of the' spring- 
field Bridge, or of ten legal voters of Springfield or of West jiew BridgCto 
Springfield, shall appoint a board of commissioners consist- s.j.c. 
ing of three disinterested and suitable persons, not residents 
of the county of Hampden, and said commissioners, having 
been duly sworn to the faithful and impartial discharge of 
their duties, shall, after due notice to all the parties inter- 
ested, and a hearing, determine and award the amount to 
be paid to the said proprietors of the Springfield 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 belonging to the said com- 
pany. Said commissioners shall also determine and decree 
what cities and towns in the county of Hampden are or will 
be specially benefited by the provisions of the first section of 
this act, and shall determine and decree what proportions of the 
damages aforesaid shall be paid by the said cities and towns, 
and by the county of Hampden, respectively. Said commis- commissioners 
sioners shall also determine in what proportions and manner |,ow damages 
the said county of Hampden, and cities and towns benefited fj^fjlg^'^nd'how 
as aforesaid, shall defray the expenses of the maintenance and by whom 
and repairs of said bridge, abutments, piers and way, and eta, s^naii be^"^^' 
all other expenses properly incurred under the provisions of ^ome. 
this act ; and their determination and decree, or that of a 
major part of them, shall be made in writing, and reported 
to the supreme judicial court for the county of Hampden, 
and also to said proprietors of the Springfield Bridge, and 
to each of said cities and towns, and to the county commis- 
sioners of Hampden county ; and the same shall be binding 
upon all the parties interested therein, except that the said 
proprietors of the Springfield Bridge may appeal to a jury Proprietors of 
from the award of the commissioners. And if the said cor- peaiTo™jury^ 
poration shall not appeal to a jury within sixty days after 
receiving the award and decree of said commissioners as 
aforesaid, then the same shall be absolutely binding upon all 
the parties interested therein. When the same shall have 
been accepted and judgment entered thereon by the supreme 
judicial court, the just fees and expenses of said commis- 
sioners shall be paid by such of the parties interested as the 
said commissioners may decree : provided, that no part 
thereof shall be assessed upon said bridge corporation. 



104 



1872.— Chapter 131. 



Appeal to jury 
to be made to 
and acted upon 
by Worcester 
county commis- 
sioners. 



Jurors. 



Jury to report 
award to S J.C. 
for Hampden 
County. 



Bridge to be 
kept in repair, 
and cost thereof 
to be apportion- 
ed by commis- 
sioners. 



Liability for de- 
fects in bridge. 



Fee simple in 
toll-house, 
laud, -etc., vest- 
ed in Hampden 
County. 



Section 3. If the said bridge corporation shall appeal to 
a jury from the award of the said commissioners as afore- 
said, their application for a jury shall be made to and acted 
upon by the county commissioners of Worcester county, and 
the jurors shall be drawn from said county, but the hearing 
may be had before said jury in the county of Hampden. In 
all other respects the same proceedings shall be had, and the 
same liability shall exist in regard to costs incurred as is 
provided by law in the case of laying out highways by the 
county commissioners. The said jury may revise the award 
of said commissioners, so far as relates to the amount to be 
paid to the said bridge corporation, and shall report their 
award to the supreme judicial court for the county of Hamp- 
den, and when the same shall have been accepted final judg- 
ment shall be entered upon the award of the commissioners 
aforesaid as modified by the award of said jury. All dam- 
ages awarded and costs incurred under this section, shall be 
paid by the same parties and in the same proportions as pro- 
vided in relation to the payment of damages in section 
second. 

Section 4. Upon the said bridge, piers, abutments and 
way becoming a highway as aforesaid, the city council of 
Springfield and the selectmen of West Springfield shall have 
the care and superintendence of the same, and cause them 
to be kept in good repair and safe and convenient for travel ; 
the cost of the repairs, care and superintendence of said 
bridge, its abutments and piers, shall be borne by such par- 
ties as the board of commissioners shall determine under 
authority herein before granted. 

Section 5. Liability for defects in the bridge, its abut- 
ments and piers shall exist on the part of Springfield and 
West Springfield, in such proportions as the county commis- 
sioners of the county of Hampden shall determine. 

Section 6. Upon the bridge becoming a public highway, 
as herein provided, the fee simple in the toll-house, land and 
appurtenances thereof, belonging to the aforesaid bridge cor- 
poration, lying east of said bridge,' shall be vested in the 
county of Hampden, and the income thereof, or the proceeds, 
in case of a sale thereof, shall be used in paying for said 
bridge. 

Section 7. This act shall take effect upon its passage. 

Approved March 23, 1872. 



1872.— Chapter 132. 105 

An Act in addition to an act to authorize the county com- (Jfidj)^ 132 

MISSIONERS OF HAMPDEN COUNTY TO CONSTRUCT TWO DIKES IN "' 

THE TOWN OF WEST SPRINGFIELD. 

Be it enacted., tVc, as follows: 

Section 1. For the purpose of protectins; and maintaining County com- 

,, iiTii-iT -1 •• pji 1 missioners may 

the southerly dike built under the provisions oi the above- change course 
named act, the county commissioners of Hampden county Kiv1'rfo^r^i?Jo- 
are hereby authorized and directed to change the course and taction of dike, 
channel of the Agawam River, from some convenient point 
above the said dike so that the said river shall flow through 
or near the old bed, so called, in the town of Agawam, and 
for the purpose aforesaid are hereby authorized and em- 
powered to erect and maintain a dam across said river, and 
dig and excavate a new channel therefor, and also to take, 
use and appropriate all the land, soil and earth necessary to 
be used or occupied in the construction of the said dam and 
channel. 

Section 2. Before proceeding to locate said dam, channel Jo give notice 
and the land to be used and taken as aforesaid, the said ested. 
county commissioners shall cause notice to be published for 
two successive weeks in some newspaper printed in said 
county of the time when, and the place where, they will meet 
to hear the parties interested, and to fix and determine the 
location aforesaid. 

Section 3. As soon as may be after locating said dam, to tiie descrip- 
channel and land to be taken as aforesaid, the said commis- registry of 
sioners shall cause a description thereof sufficiently accurate '^*^*^'^^- 
for identification to be filed in the office of the register of 
deeds for said county, and the same shall be entered of 
record by the said register. 

Section 4. At the time of fixing upon the location afore- Estimate and 
said the said commissioners shall estimate, determine and ages. 
award the damages occasioned to any person in his property, 
by reason of the taking and using his land for the purpose 
aforesaid, and they shall cause notice of their estimate and 
award to be given to the parties interested by filing a copy 
thereof in the offices of the town clerks of Agawam and 
West Springfield. 

Section 5. Within two months after the filing the notice Parties ag- 
mentioned in the preceding section and not otherwise, any Ippiy^forYury. 
person aggrieved by the doings of said commissioners in the 
awarding or failing to award damages as aforesaid, may 
apply for a jury to revise the same, such application shall 
be made in like manner, and the proceedings thereon shall be 
the same as in the case of a jury summoned to revise the 

14 



106 



1872.— Chapter 132. 



Charges and 
costs of appli- 
cation for jury. 



County com- 
missiouers to 
lay out high- 
way. 



Costs and dam- 
ages to be first 
paid by West 
Springfield. 



Dam and chan- 
nel to be main- 
tained by 
county commis- 
sioners. 



Commissioners 
may construct 
channel with- 
out tlie dam, or 
erect piers, etc. 



doings of the county commissioners in awarding damages 
for laying out, altering, widening or discontinuing highways. 
Such application shall contain a specification of the objection 
made to the determination of the county commissioners, to 
v/hich specification the party shall be confined at the trial. 

If, at the hearing, the jury do not increase the damages, 
the charge and costs incurred by reason of the application, 
shall be paid by the persons recognizing for costs ; otherwise 
by the town of West Springfield. 

Section 6. The said county commissioners shall, upon 
the completion of said dam and channel, if practicable, lay 
out and construct a highway across the same, and connect 
the same with some highway in the town of West Spring- 
field, for the use of the land cut off by said channel ; the 
same to be laid out in the same manner as is now provided 
by law for the laying out of highways by the county commis- 
sioners, except that the whole expense thereof shall be paid 
by the town of West Springfield, in the manner hereinafter 
provided. 

Section 7. All the costs and expenses incurred under 
the provisions of this act, including all land damages assessed 
or determined as herein before provided, shall, in the first 
instance, be paid by the town of West Springfield ; and all 
the sums so paid shall be taken to be a part of the expense 
of maintaining and repairing said dike, and shall be borne 
in the same proportions and by the same parties, and be 
assessed and collected in the same manner as is provided in 
chapter eighty of the acts of the year eighteen hundred and 
sixty-eight, to which this is in addition. 

Section 8. After the said dam and channel are com- 
pleted, they shall be maintained by the said county commis- 
sioners, the expense thereof to be paid in the manner and 
by the parties made liable by the preceding section for the 
costs and expenses of constructing the same. 

Section 9. If the said county commissioners shall be of 
the opinion that the said dike can be suitably protected, and 
with greater economy, by the construction of the channel 
without the dam, or by the erection of piers or other works 
or structures in or upon the banks of the said river, they 
may construct the same instead of said dam and channel, 
and all proceedings shall be had therein, (so far as appli- 
cable,) and with the same effect, as is herein before provided 
in case of the construction of said dam and channel. 

Section 10. This act shall take effect upon its passage. 

Approved March 23, 1872. 



IRISH OF GRACE CHURCH IN NEWTON, QJi^jj 1^4: 
D CHURCH PROPERTY, AND FOR OTHER -^ 



1872.— Chapters 133, 134, 135. 107 

An Act to change the name of the methodist episcopal QJi^p^ J 33 

CHURCH IN PYNCHON STREET, SPRINGFIELD. 

Be it enacted, ^'c, as follows : 

Section 1. The Methodist Episcopal Church in Pynchon Name changed. 
street, in the city of Springfield, shall be hereafter called 
and known by the name of Trinity Methodist Episcopal 
Church of Springfield. 

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

Approved March 23, 1872. 

An Act to authorize the pai 

to sell its keal estate and 

purposes. 
Be it enacted, Sfc, as follows: 

Section 1. The parish of Grace Church in Newton, may parish of Grace 
sell and convey by deed or deeds, its land, chapel and rec- ^el" cua^fand 
tory situated on the corner of Washington and Hovey streets rectory. 
in Newton, and use the proceeds of the sale, after paying 
the debts of said parish, for the purchase of other real estate 
in Newton, and for the erection thereon of a church, chapel 
or rectory. 

Section 2. Said parish may mortgage said land for the May raise 
purpose of raising money to purchase other real estate or gag"7to p^°' * 
church property in Newton, or for the purpose of erecting a cllmch'^prop- 
church, chapel or rectory, or for the purpose of paying the tity. 
debts of said parish. 

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

Approved March 23, 1872. 

An Act TO INCORPORATE the WEST ROXBURY FREE LIBRARY. CliaV 135 

Be it enacted, Sfc, as follows : 

Section 1. Charles A. Hewins, Cornelius Cowing, Charles corporators. 
H. Lunt, their associates and successors, are hereby made a 
corporation by the name of the West Roxbury Free Library Name and pur- 
for the purpose of maintaining a public library to be located ^°^°' 
in that part of West Jloxbury formerly known as the second 
parish of Roxbury ; with all the powers and privileges, and J^'^^YeT ^^^ 
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 hold real and personal Real and per- 

• SO 11 1.1 GStiltG 

estate for the purposes aforesaid to an amount not exceeding 
twenty thousand dollars, exclusive of books, papers and 
works of art. 

Section 8. Said corporation may receive and hold for May receive 

,, „ ., ^ *',^. 1 , donations and 

the purposes aioresaid, any grants, donations or bequests, bequests. 
under such conditions and rules as may be prescribed in 



108 1872.— Chapters 136, 137, 138. 

Proviso. g^j^i^ grants, donations and bequests : provided, the same 

are not inconsistent with the provisions of law ; and it shall 
also have power to make proper regulations for the use and 
management of the library. 

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

Approved March 23, 1872. 

ChCl'D. 136 "^^ -^^^ ^^ AUTHORIZE THE WORCESTER COUNTY HORTICULTURAL 
* ' SOCIETY TO HOLD REAL AND PERSONAL ESTATE. 

Be it enacted^ ^~c., as folloios : 
$150,000 in real SECTION 1. The Worccstcr County Horticultural Society 
estat^e7*°"'^ may hold real and personal estate to the amount of one 

hundred and fifty thousand dollars. 

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

Approved March 23, 1872. 



Chap. 137 



An Act relating to mount pleasant cemetery in Arlington. 
Be it enacted, Sfc, as follows : 
Mount Pleasant SECTION 1. The inhabitants of the town of Arlington 
Arlington. may lay out Mount Pleasant cemetery in said town, or such 
parts thereof as are not already laid out, into such lots or 
subdivisions for burial places as they may think proper ; but 
they shall set apart a portion of the same for a public burial 
place. Said town may make such appropriations as are 
necessary to construct paths and avenues in said cemetery 
and to embellish the grounds thereof, and may establish all 
necessary rules and regulations in relation thereto. 
Town^may^eu SECTION 2. Said town may sell to any person or persons, 
and of erecting whether residents thereof or otherwise, the sole and exclu- 
om 8, ec. gj^^ right of burial, and of erecting tombs and monuments 
in any of the designated lots or subdivisions of said cem- 
etery upon such terms and conditions as it shall prescribe ; 
and all conveyances of any sucli lots or subdivisions shall be 
executed in behalf of the town by the selectmen. 

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

Approved March 23, 1872. 

Chat) 138 ^'^ ^^^ "^^ incorporate the south shore steamboat company. 
Be it enacted, ^'c, as folloios: 

Corporators. SECTION 1. Henry L. Fearing, Andrew C. Gushing, Ebed 

L. Ripley, their associates, successors and assigns are hereby 

Name and pur- made a Corporation by the name of the South Shore Steam- 

^^^^' boat Company, for the purpose of engaging in the business 

of transporting passengers and freight by steamboats and 
barges between Boston, Hull and other points on the south 
shore of Massachusetts Bay ; with all the rights and priv- 
ileges, and subject to all the duties, restrictions and liabili- 



1872.— Chapters 139, 140. 109 

ties which now are or hereafter may be in force applicable 
to such corporations. 

Section 2. Said company is hereby authorized and J{frdmse*^steam 
empowered to build, purchase, sell and convey such steam vessels and 
vessels and barges, with such apparatus and appendages as '"^*^ ' 
may be found necessary for the transportation of freight 
and passengers as aforesaid : provided, however, that said rroviso. 
corporation shall incur no liability until fifty per centum of 
its capital stock shall have bpen paid in in cash. 

Section 3. The capital stock of said corporation shall be capUai stock 
fixed at fifty thousand dollars, with power to increase ihe 
same to two hundred thousand dollars, and shall be divided 
into shares of one hundred dollars each ; and said corpora- 
tion shall have power to issue bonds to an amount not ex- 
ceeding the amount of its capital actually paid in. 

Section 4. Said corporation shall have power to hold fxce/dhig^ °°* 
real estate for the purposes of its business, to an amount $5o,ooo. 
not exceeding fifty thousand dollars. 

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

Approved March 23, 1872. 



Chap. 139 



An Act to authorize the trustees of the school fund in 

chicopee to transfer their property to the town. 
Be it enacted, Sfc, as follows: 

Section 1. The trustees of the school fund in the town Trustees of 

p /~i, • ifi r • ^ • 1 school fund may 

01 Chicopee may transier and convey tor a nommai consid- transfer prop- 
eration, all the real and personal property new held by them ciucopee.^'^ ^'^ 
to said town, and upon such transfer being made and 
effected, such trustees shall cease to exist as a corporation. 
Section 2. This act shall take effect upon its passage. 

Approved March 23, 1872. 

An Act to change the time of holding the annual municipal QJkjp^ 14:0 

elections in cities. ^' 

Be it enacted, ^'c, as follows : 

Section 1. Hereafter in the several cities, the annual city election to 
elections for the choice of city and ward officers, which are Tuesday. 
now required by law to be held on Monday, shall be held on 
the Tuesday next after such Monday. 

Section 2. All acts and parts of acts inconsistent here- Repeal. 
with are hereby repealed. 

Section 3. This act shall take effect in those cities only subject to vote 
which shall accept the same by vote of the city council. "^ '^"^ '=°"'"'"- 

Approved March 23, 1872. 



no 1872.— Chapters Ul, 142, 143. 

Chap. 141 -A^^ -^C!T TO INCREASE THE SALARIES OF THE JUSTICE AXD CLERK OF 

THE POLICE COURT OF LYNN. 

Be it enacted, Sfc, as follows: 

toand cfirk' SECTION 1. The justice of the police court of Lynn shall 
established. hereafter receive an annual salary of eighteen hundred 

dollars, and the clerk of said court shall hereafter receive 

an annual salary of one thousand dollars. 

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

July next. Approved March 23, 1872. 

Chap. 142 ^^ ^C;T RELATING TO THE SALARY OF THE ASSISTANT-CLERK OF THE 
* COURTS OF THE COUNTY OF WORCESTER. 

Be it enacted, ^c, as follows : 

fnl^ckr^k eltab- ^^^^^ ^^^^ ^^^^^ ^^'^ ^^^^ ^^J ^^ April, in the year one 
ushed. thousand eight hundred and seventy-two, the assistant-clerk 

of the courts of the county of Worcester shall receive an 
annual salary of twenty-one hundred dollars. 

Approved MarcTi 23, 1872. 

Chap. 143 -^^ •^^'^ '^^ UNITE THE OLD COLONY AND NEWPORT RAILWAY COM- 
■'■ PANY AND THE CAPE COD RAILROAD COMPANY, AND FOR OTHER 

PURPOSES. 

Be it enacted, Sfc, as follows: 

Old Colony and SECTION 1. The Old Colony and Newport Railway Com- 

Newport unci v i •* 

Cape Cod Rail- pauy and the Cape Cod Railroad Company may unite and 
aud form wTpo! form ouc corporatiou, in the manner following, namely: if 
the said companies shall, at meetings called for the purpose, 
severally vote to unite and form one corporation, then, upon 
the passage of said votes, the Cape Cod Railroad Company 
is hereby authorized, upon such terms as the two corpora- 
tions may mutually agree, to convey and assign to the Old 
• Colony and Newport Railway Company its franchises and 
property, and all the rights, easements, privileges and powers 
granted to it, and the same shall be held and enjoyed by the 
Old Colony and Newport Railway Company in as full and 
ample a manner as if they had been first granted directly to 
the last named corporation ; and the Old Colony and New- 
port Railway Company shall upon such conveyance being 
dutTe's" ''"'^ made to it, have and enjoy all the rights, powers, priv- 
ileges, easements, franchises and property of the Cape Cod 
Railroad Company, and be subject to all the duties, restric- 
tions, liabilities and obligations to which said last named 
corporation may be subject. 
Newporunay"*^ SECTION 2. In caso the uuiou provided for in the first 
issue new stock scctiou of this act is made, the Old Colony and Newport 
stock of the Railway Company is authorized to issue new stock in lieu of 
Cape Cod K. R. ^^^^ authorized stock of the Cape Cod Railroad Company, 



r-d'.ion. 



1872— Chapter 144. Ill 

but the whole capital of the Old Colony and Newport Rail- 
way Company shall not exceed the authorized capital of the 
two corporations : such stock may be issued to stockholders 
of the Cape Cod Railroad Company in exchange for stock of 
that company at such relative values as may be mutually 
agreed upon ; and in order to equalize fractions of shares, 
the Old Colony and Newport Railway Company may buy or 
sell shares or fractions of sliares from or to such stockholders 
upon such terms not less than par hs the parties may agree. 

Section 3. The Old Colony and Newport Railway, after May change 
said union is made, may change its name to the Old Colony cordnyitji^co. 
Railroad Company. 

Section 4. The Cape Cod Railroad Company or the Old j^^^y •*„ of road 
Colony and Newport Railway Company, in case the union beuvfeu weii- 
herein provided for shall take place, may change the loca- fuceVown!"'^"^ 
tion of the railroad between Wellfleet and Provincetown, 
by filing a new location with the county commissioners for 
the county of Barnstable on or before the first day of July 
next, and may extend the same to and into deep water in 
Cape Cod harbor : subject, however, to the approval and 
determination of the harbor commissioners. 

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

Approved March 27, 1872. 
An Act TO authorize the milford and woonsocket railroad fil^^^ 144. 

COMPANY to extend ITS RAILROAD, AND FOR OTHER PURPOSES, ^ll(iP' 1 i^ 

Beit eimctedi Sj'c, asfuUmvs: 

Section 1. The Milford and Woonsocket Railroad Com- MOford and 
pany may extend its railroad in the towns of Bellingham RamwUnay 
and Franklin to some convenient point on the Boston, Hart- f-'''*^'"^ ^?,^?p- 

T-r-i'-r»-i T'T-T II- 1 ton, Hartiora 

lord and hne Railroad m i^ranklni, under the provisions of andEiie, in 
all general laws relative to railroad corporations. 

Section 2. Said corporation may enter with its said May enter upon 

, ^ . , •' ., T ^"(' unite with 

extension upon, unite the same with, and use the railroad eachother'a 
of the Boston, Hartford and Erie Railroad Company, and 
the last named corporation may enter with its road upon, 
unite the same with, and use the said extension, subject to 
the provisions of the said general laws. 

Section 3. For the purposes aforesaid the Milford and Additional capi- 
Woonsocket Railroad Company may increase its capital 
stock by the issue of fifteen hundred shares in addition to 
the stock now authorized by law. 

Section 4. This act shall take effect upon its passage; Powers granted 
and the provisions relative to the extension of said railroad, within toree^ 
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 27, 1«72. 



182/, 102, § 2. 



112 1872.— Chapters 145, 146, 147, 148. 

Chap. 145 Ax Act to revive the charter of the national glass insur- 

ANCE COMPANY. 

Be it enacted, ^"c, as follows : 
r^evivld" Chapter thirty-four of the acts of the year eighteen hun- 

dred and seventy, entitled an act to incorporate the National 
Glass Insurance Company, is hereby revived, and the corpo- 
ration therein named may be organized within two years 
from the passage of this act. Approved March 27, 1872. 

Chap. 146 -^^ -^^^ ^^ AMEND the CHARTER OF THE GROVELAND MUTUAL FIRE 

INSURANCE COMPANY. 

Be it enacted, ^'c , as folloios : 
^J?~^^.n^V^} ^^ Section two of chapter one hundred and two of the acts 
01 the year eighteen hundred and twenty-seven is hereby 
amended by striking out the word November and inserting 
the word January in said section. Approved March 27, 1872. 

Chap. 147 -^^ Act TO INCORPORATE THE JAMAICA PLAIN SAVINGS BANK. 

Be it enacted, ^'c, as follows : 
w^Kllbury.''' SECTION 1. Fraucis M. Weld, Henry A. Church, M. Den- 
man Ross, Robert Seaver, their associates and successors are 
hereby made a corporation by the name of the Jamaica 
Plain Savings Bank, to be located in that part of West 
Roxbury called Jamaica Plain ; 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 27, 1872. 

Chap. 148 An Act to incorporate the monson savings bank. 

Be it enacted, Sfc, as follows: 

|aj^ngsbankiii SECTION 1. William N. Flyiit, Cyrus W. Holmes, junior, 
Timothy F. Packard, Charles H. Merrick, Alfred Norcross, 
Rice M. Reynolds, Rice S. Munn, Edwin E. Towne, Rufus 
F. Fay, Daniel G. Potter, their associates and successors, 
are hereby made a corporation 'by the name of the Monson 
Savings Bank, to be located in Monson ; 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 27, 1872. 



1872.— Chapters 149, 150, 151, 152. 113 

An Act to authorize the chelsea gas light company to in- QJiap^ ^49 

CREASE ITS CAPITAL STOCK. 

Be it enacted, §'c., as follows : 

Section 1. The Chelsea Gas Light Company may in- ^-''^"^^^''j^^J^" 
crease its capital stock by an amount not exceeding two stock. ''^^^ * 
hundred thousand dollars, in addition to the amount hereto- 
fore 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 sev- 
enty-nine of the acts of the year eighteen hundred and 
seventy. 

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

Approved March 27, 1872. 

An Act to change the name of the roxburt young men's CJiCip. 150 

CHRISTIAN association. ■'^' 

Be it enacted, §'c., as follows: 

Section 1. The name of the Roxbury Young Men's Name changed. 
Christian Association is hereby changed to the Boston High- 
lands Young Men's Christian Association. 

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

Approved March 27, 1872. 

An Act to fix the salaries of the commissioners of dukes (JJiap, 151 

county. -^ ' 

Be it enacted, §'c., as follows : 

Section 1. The commissioners of Dukes county shall fjg{,g'^®^ ®^*^^'. 
receive from the treasury of said county, from and after 
January first, in the year eighteen hundred and seventy-two, 
in equal semi-annual payments, in January and July, in full 
payment for all their services and travel, the sum of four 
hundred dollars. 

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

Approved March 27, 1872. 
An Act to establish the third district court of southern fjhnv) 159 

WORCESTER. "' 

Be it enacted, §'c., as follows: 

Section 1. The towns of Milford, Mendon and Upton Third district 
shall constitute a judicial district under the jurisdiction enlVorcester^' 
hereby established therein by the name of the Third District ^established. 
Court of Southern Worcester. Said court shall, except as 
is hereinafter provided, have the same jurisdiction, power 
and authority, shall perform the same duties, and be subject 
to the same regulations as are provided with respect to 
existing police courts, except the municipal courts of Boston 

15 



114 1872.— Chapter 152. 

and Worcester, by chapter one hundred and sixteen of the 
General Statutes and by all general laws passed in amend- 
ment thereof, applicable to the several police courts of the 
Commonwealth ; and all provisions of law relating to crim- 
inal and civil proceedings, the taxation of costs, the pay- 
ment 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 require- 
ments of law applicable to the several police courts of the 
Commonwealth, except those before mentioned, shall apply 
to the court hereby established. 
SsticeTnd°tfvo Section 2. Said district court shall consist of one stand- 
speciai justices, ing justicc and two special justices, to be appointed, com- 
missioned and qualified pursuant to the constitution and 
laws of the Commonwealth. 
Either justice SECTION 3. Either of the justices of said court may issue 

niay issue war- • n tlt 

rants. Warrants m 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 bo made 
returnable before said court. 
fn'iun^civir' Section 4. Said court shall be held in Milford, and for 
hefdllfimford criminal business daily, except on Sundays and legal holi- 
" days, in some suitable place to be furnished by the county of 
Worcester. Said eourt shall be held for civil business on 
the first and third Wednesdays of each month, and actions 
therein may be continued to any future day. 
fuSuce.*"""^" Section 5. The standing justice of said court shall 
Compensation rcccive an auuual salary of sixteen hundred dollai's ; the 
ticir''^* ^"^ 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 shall also have original concurrent 

n"oTwith"upl° jurisdiction with the superior court, in the county of Wor- 
pcTsonaiacHons ccstcr, iu all personal actions in which the debt or damages 
Torelceeci'^*^^* demanded or property replevied does not exceed in amount 
$300. or value three hundred dollars, and on the return day of 

the writ either party may demand a trial by jury, in writing, 
which shall be granted by said court. If neither party 
Trial byjary, demand 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 there- 
from or exceptions and appeals on matters of law are had, 
as hereinafter provided. 



1872.— Chapter 152. 115 

Section 7. In all cases in said court, except where a Rigw of appeal, 
jury trial is had, or the value of the property replevied or 
the amount claimed in the writ 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 provided 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 Jurytobesum- 
the trial of any action or proceeding in said dislrict court t^wnsof^- 
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 hi^ 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 procoiedings duly commenced before any Proceedings 
trial justice or justice of the peace within said district, mencedbeibre 
before this act shall take full effect, shall be prosecuted and eta!tobe*there 
determined as if this act had not been passed, and except determined. 
as herein provided, the jurisdiction of trial justices and 
justices of the peace shall be excluded within the judicial 
district created by this act. 

Section 10. All cases pending at the time this act shall i^^j^y^J"^'''"^- 
take full effect, in the police court of Milford, shall be trans- police court to 
ferred to the said third district court of southern Worcester, ^^^^^ '■'^"* '^"'^ > 
and all writs, complaints and processes returnable to said 
police court shall be returnable to, and be entered in said 
district court, and all writs and processes and copies founded 
upon the records of said police court shall issue under the 
seal of said district court with full effect. 

Section 11. All laws establishing the police court of Repeal. 
Milford, or giving jurisdiction to said court, except so far 
as it may be necessary that the same should be supported 
for the purposes of this act, and all acts mconsistent with 
the provisions of this act, are hereby repealed from the day 
this act shall take full effect. 

Section 12. No writ or process issued by said district Process in civu i 

.... '^ ,. in- action not to 

court m civil actions or proceedings, shall run into or be run into or be 
served in any county other than Worcester county, except counVbut*"^ 
as provided in section seven of chapter one hundred and "^^ oJ'cester. 
twenty, and in section seventy-seven of chapter one hundred 
and forty-two of the General Statutes. And in all civil 



116 



1872.— Chapter 153. 



Costs. 



Costs, If plain- 
tiff's claim in 
writ served up- 
on defendant 
out of county 
exceeds twenty 
dollars. 



Justice may 
retain fees suffi- 
cient to pay for 
services of spe- 
cial justices. 



When to take 
effect. 



CAap. 153 



May extend 
wharf on Mil- 
ler's River in 
Cambridge. 



actions 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 fol- 
lowing section ; but the defendant shall recover the costs to 
which he would have been entitled had he been the prevail- 
ing party. 

Section 13. If the plaintiff's claim in a writ served 
upon the defendant out of Worcester county, as established 
on the trial, exceeds twenty dollars, and is reduced to that 
amount or less, or overbalanced by set-offs which could not 
have been proved in payment, it shall be considered, for the 
purposes of thepreceding section, as having exceeded twenty 
dollars, and the party who finally recovers judgmemt in the 
suit shall be entitled to his costs. 

Section 14. The justice of said district court may retain 
for his own use, from the fees received in said court, all sums 
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 
justice of said court shall receive any compensation besides 
his regular salary or allowance, for making or issuing com- 
plaints, 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. 

Section 15. This act shall take effect, so far as relates to 
the appointing, commissioning and qualifying the justices of 
said district court, upon its passage, and it shall take full 
effect on the first day of July next. Approved March 27, 1872. 

An Act to authorize brine and clark to extend their wharf 

ON miller's river in CAMBRIDGE. 

Be it enacted, §-c., as folloios : 

Section 1. License is hereby given to Brine and Clark 
to extend their wharf on Miller's River in Cambridge, within 
such limits as the harbor commissioners may determine and 
direct : provided, that all things done under this act shall be 
subject to the provisions of the fourth section of chapter one 
hundred and forty nine of the acts of the year eighteen 
hundred and sixty- six, and to the provisions of chapter four 
hundred and thirty-two of the acts of the year eighteen 
hundred and sixty-nine, so far as applicable. 

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

Approved March 28, 1872. 



1872.— Chapters 154, 155. 117 

An Act to authorize the trustees of the permanent peace QJi^v) 154 

FUND TO HOLD ADDITIONAL REAL AND PERSONAL ESTATE. ' * 

Be it enacted, ^c, as follows : 

Section 1. The trustees of the Permanent Peace Fund $100,000 adcu- 
may hold real and personal estate in addition to that now per^onarestate. 
authorized to an amount not exceeding one hundred thou- 
sand dollars. 

Section 2. The proceedings and doings of said trustees Proceedings of 

• . i* J J.1 J. • J.' trustees con- 

m organizmg as a corporation under the act incorporating firmed. 
them, and thereafter as such corporation, are hereby ratified 
and confirmed. 

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

Approved March 28, 1872. 

An Act to incorporate the katama land company. CJldt) 155 

Be it enacted, ^c, as follows : 

Section 1. Erastus P. Carpenter, Joel H. Hills, Grafton corporators. 
N. Collins, Nathaniel M. Jernagan, their associates and 
successors, are hereby made a corporation, by the name of ^awieandpur- 
the Katama Land Company, for the purpose of purchasing, ^° ^' 
holding, improving and disposing of land in the town of 
Edgartown: provided, however, that said corporation shall 
not hold over twelve hundred acres of land ; with all the 
powers and privileges, and subject to all the duties, restric- Powers and 
tions and liabilities contained in all general laws which now ^^^^'^^' 
are, or may hereafter be in force, and applicable to such 
corporations. 

Section 2. License is hereby given to said corporation Maybuiid 
to construct and maintain a wharf or wharves from its land g^^towu uar^*^ 
in the harbor of Edgartown, subject however to the approval ^°^- 
and determination of the harbor commissioners. Said cor- 
poration is authorized to build on its land in Edgartown, 
one or more hotels, and to carry on the same, and to build Maybuiid 
and maintain such other buildings, and to hold such person- "' 
al property as said corporation may deem necessary, and 
may build, purchase or charter one or more steamboats, and 
may run the same to and from the land of said corporation. 

Section 3. The capital stock of said corporation shall be capital stock 
fifty thousand dollars, with liberty to increase by vote of the """"^ '^'"■^'• 
corporation to an amount not exceeding one hundred and 
fifty 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 : provided, 
that the said corporation shall not incur any liability until 
at least fifteen thousand dollars in cash shall have been paid in. 

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

Approved March 28, 1872. 



118 1872.— Chapters 156, 157, 158. 

Chap. 156 ^^ -^^'^ RELATING TO THE INSPECTION OF LEATHER. 

Be it enacted, ^'c, as follows : 
of $3!oooto^bl Section 1. All fees received by the inspector-general of 
paid into treas- leather, or his subordinates, which shall exceed the sum of 
three thousand dollars, after paying the absolute expenses 
of inspection and the expenses of his office, shall be paid 
into the treasury of the Commonwealth. 
Inspection fee. SECTION 2. The fcQ for inspection shall be one and one- 
quarter cents per side of sole leather. 

Section 3. This act shall take effect on the first day of 
June next. Approved March 28, 1872. 

Chap. 157 -^N -^CT IN ADDITION TO AN ACT TO SUPPLY THE CITY OF CAMBRIDGE 

WITH PURE WATER. 

Be it enacted, Sfc, asfolloivs : 

isZealmSi Section 1. To enlarge and extend the water works of 
water bond* at the city of Cambridge, the city council of said city may issue 
interest!'^" ' scrip or bouds iu addition to the scrip or bonds authorized 
by chapter thirteen of the acts of the year eighteen hundred 
and sixty-eight, to an amount not exceeding five hundred 
thousand dollars, bearing interest not exceeding six per 
centum per annum, payable semi-annually, the principal to 
be payable at periods not more than fifty years from the issu- 
ing of such scrip or bonds ; and said city council may sell 
such scrip or bonds, or any part thereof, from time to time, or 
pledge the same for money borrowed for the extension of said 
waterworks, on such terms and conditions as it may deem 
proper. 

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

Approved March 28, 1872. 

Chap. 158 -^^ -^^^ "^^ AUTHORIZE THE SELECTMEN OF MILFORD TO REMOVE 
■^ CERTAIN TOMBS AND REMAINS OF THE DEAD. 

Be it enacted, ^-c, as folloivs: 

Selectmen may SECTION 1. The Selectmen of the town of Milford may 

remove remains , • p ^ i -, n -, 

oftiiedead rcmovc the remams or the dead from the tombs and graves 

gro^ndTnMii- iu the burial ground situated at the corner of School and 

future^burLa^s!'^ Spruco strccts, iu said town, to such other suitable burial 

place as they may select, or the relations and friends of the 

deceased may at their own expense provide ; and remove the 

tombs now standing on the premises, and level and grade the 

surface of said ground, and forbid future burials therein. 

Remains to be SECTION 2. The removals aforcsaid shall be made under 

properly rein- 

terred. the supcrvisiou of the selectmen ; the remains of the dead 

shall be reinterred in a proper and suitable manner, due 
regard being had to the wishes of the relatives and friends 
of the deceased ; and a plan of the ground in the burial 
place selected by said selectmen, to which such remains shall 



1872.— Chapters 159, 160, 161. 119 

be removed, showing the position of all the known dead so pianof new 
removed, shall be made and filed in the office of the town medhitown 
clerk of Milford, for future reference. The remains of 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 new graves of 
the deceased, to whose memory they were erected. 

Section 3. Removals of remains may be made by friends Removal of re- 
of the deceased, under the direction of said selectmen, and madTb^mends 
subject to such reasonable restrictions as they may impose, lfit\e select-"" 
but no removals shall be made until said selectmen shall first '"i'^^- 
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 Worcester, 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. 

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

Approved March 28, 1872. 
An Act to fix the salary op the clerk of the police court of /yj,^^ 1 KQ 

LOWELL. ^^^I^- ^^^ 

Be it enacted, §"c., as follows : 

Section" 1. The annual salary of the clerk of the police salary estab- 
court of Lowell shall be twelve hundred dollars, payable ^^''*^*^' 
from the first day of July next. 

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

Approved April 1, 1872. 

An Act to fix the salaries of the judges of the supreme judi- CIlCip. 160 
• ciae, court. "' 

Be it enacted, ^c, as follows: 

Section 1. The chief justice of the supreme judicial ^,f(|''^es®of I j c 
court shall receive an annual salary of sixty-five hundred estabUshed". 
dollars, and each of the associate justices of said court shall 
receive an annual salary of six thousand dollars, payable in 
the manner now provided by law. 

Section 2. This act shall take effect upon the first day 

of July next. Approved April 1, 1872. 

An Act in relation to the state visiting agency. Chap. 161 

Be it enacted, Sfc, as follows : 

Section 1. Section two of chapter three hundred and Amendment to 
seventy of the acts of the year eighteen hundred and sev- ' ' ' 
euty-one, is hereby amended, by striking out the words " and 
four," in the first line of said section, and inserting the word 
" and " between " two " and " three " in the same line. 



120 1872.— Chapters 162, 163. 

fSflf^^^^' Section 2. Section six of chapter three hundred and 
fifty-nine of the acts of the year eighteen hundred and sev- 
enty, is hereby repealed. • 
Section 3. This act shall take effect upon its passage. 

Approved April 1, 1872. 

Chap. 162 -^ -^^^ '^'^ AUTHORIZE THE RELOCATION OF PASSENGER STATIONS 
■^ AND FREIGHT DEPOTS BY RAILROAD CORPORATIONS. 

Be it enacted, Sfc, as folloivs : 
depotTmay'be SECTION 1. Railroad corporations may relocate passenger 
relocated with statious and freight depots, upon the approval in writing of 
rafiroaoTcom-" tho board of railroad commissioners and of the selectmen of 
missioners, etc. ^j^g iQ^ff^ or the city council of the city in which such sta- 
tions or depots are situated. 
Notto^affect^ Section 2. This act shall be construed not to affect any 
ing construction legislative act Specifically directing the construction or main- 
etc, epot. teiiance of any such station or depot, and not to apply to any 
station or depot in regard to the location of which judicial 
proceedings are now pending. 

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

Approved April 1, 1872. 

Chap. 163 -^ -A^CT TO PROVIDE A CLERK FOR THE POLICE COURT OF SPRING- 
FIELD. 

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

pointed to hold Section 1. The governor, with the advice and consent of 

office^ntu next tho couucil, shall nominate and appoint a clerk of the police 

tion.' court of the city of Springfield, who shall hold his office 

until the next regular election of clerks of the municipal, 

district and police courts of this Commonwealth, unless 

sooner removed by the governor and council. 

To perform all SECTION 2. Said clerk shall perform all the duties now 

ed by General prescribed by the General Statutes for clerks of police courts ; 

ci«*ks o^f pouce and all the provisions of law now applicable to clerks of 

courts. police courts shall apply to said clerk. 

Salary. SECTION 3. Said clcrk shall receive an annual salary of 

one thousand dollars, to be paid from the treasury of the 
Commonwealth. 
Ymti^'^^^^^ Section 4. This act shall take effect so far as the appoint- 
ing, commissioning and qualifying said clerk are concerned, 
upon its passage ; and it shall take full effect on the thirty- 
first day of March in the year eighteen hundred and seventy- 
two. Approved April 1, 1872. 



1872.— Chapters 164, 165, 166. 121 

An Act to authorize seth r. thomas to bridge little river in (JfiQp^ I54 

DARTMOUTH. ■* * 

Be it enacted, ^c, as follows : 

Section 1. Seth R. Thomas may construct and maintain May construct a 
a free bridge over Little River in the town of Dartmouth, Ziuie'^RiltHn'^ 
from a point on the westerly side of said river, near the Dartmouth. 
terminus of the Potomska road, and about one hundred 
yards north of the fording place in said river, said bridge to 
be built with an open and unobstructed space in the channel, 
twenty-five feet wide between the abutments of said bridge ; 
subject to the determination of the harbor commissioners, as subject to de- 
provided in section four of chapter one hundred and forty- harbor^com-° 
nine of the acts of the year eighteen hundred and sixty-six, missioners. 
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 April 1, 1872. 

An Act to confirm certain proceedings of the haverhill odd Q]i(i>n, 165 
fellows' hall association. -* * 

Be it enacted, Sfc, as follows : 

Section 1. The acts of the Haverhill Odd Fellows' Hall t^^*'j^^||v°aTid. 
Association are hereby made valid to the same extent as they 
would have been valid had said corporation been authorized 
by chapter two hundred and sixty-six of the acts of the year 
eighteen hundred and sixty-eight to have a capital stock of 
one hundred thousand dollars, divided into shares of fifty 
dollars each. 

Section 2. Authority is hereby given to said corporation capital stock 
to have a capital stock of one hundred thousand dollars, 
divided into shares of fifty dollars each. 

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

Approved April 1, 1872. 

An Act to incorporate the tilden free bridge corporation. Chap. 166 

Be it enacted, §'c., as follows : 

Section 1. John Tilden, George H. Weatherbee, junior, corporators. 
Elisha W. Hall, their associates and successors are hereby 
made a corporation by the name of the Tilden Free Bridge 
Corporation ; with all the powers and privileges, and subject \^^^l^ ^^^ 
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 construct a pile bridge May construct 
across the waters of North River, between the Fourth across"Nortii 
Cliff in Scituate, and Trouant's Island in Marshfield, and ^^^®'- 
the capital stock of said corporation shall not exceed twenty- 

16 



122 



1872.— Chapter 167. 



Capital stock 
and shares. 



Bridge to be of 
suitable mate- 
rial, and at least 
twenty feet 
wide. 



Subject to ap- 
proval of harbor 
commissioners. 



Bridge to be 
finished within 
five years. 



five thousand dollars, divided into shares of one hundred 
dollars each, with the right to purchase and hold such real 
and personal estate as may be necessary and convenient for 
the purposes of this act, not exceeding that sum. Said bridge 
shall be well built of suitable materials, at least twenty feet 
wide and floored with planks, with sufficient railings on each 
fide, and shall have a suitable draw in the same at least 
twenty-four feet wide, for the passage of vessels, all of which 
shall be kept in good repair at all times : provided^ that the 
structures built under this act shall be subject to the deter- 
mination and approval of the harbor commissioners, as pro- 
vided in the fourth section of chapter one hundred and forty- 
nine of the acts of the year eighteen hundred and sixty-six. 

Section 3. If said corporation shall neglect, for the space 
of five years from the passage of this act, to build and finish 
said bridge, then this act shall be void. 

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

Approved April 1, 1872. 



Chap. 



\Q'^^ An Act TO AUTHORIZE JOHN PRESTON TO BUILD WHARVES ON MILL 

CREEK IN BOSTON. 



May build 
wharves on 
Mill Creek at 
Commercial 
Point in Boston, 
subject to ap- 
proval of harbor 
commissioners. 



Proviso. 



Adjustment of 
proprietary 
rights aflfected, 
may be made 
by harbor com- 
missioners. 



Proviso. 



Be it enacted, §'c., as follows : 

Section 1. License is hereby given to John Preston to 
build wharves on Mill Creek at Commercial Point, and be- 
tween Commercial Street and the Old Colony and Newport 
Railroad in Boston, within such limits as the harbor commis- 
sioners shall determine and direct, subject to the provisions 
of section four of chapter one hundred and forty- nine of the 
acts of the year eighteen hundred and sixty-six, and to the 
provisions of chapter four hundred and thirty-two of the acts 
of the year eighteen hundred and sixty-nine, so far as appli- 
cable : provided^ that such limits shall be so determined that 
a channel way not less than two hundred feet in width shall 
be reserved as an outlet to Mill Creek into Neponset River. 

Section 2. In providing for the reservation of such chan- 
nel way in a proper location, the board of harbor commis- 
sioners may make an adjustment of the proprietary rights 
affected by such reservation, and in the name and behalf of 
the Commonwealth to make and receive conveyances of the 
tide land in and on both sides of said creek, by deed : pro- 
vided., that every such deed shall be subject to the approval 
of the governor and council. But nothing herein contained 
shall authorize any payment of money from the treasury of 
the Commonwealth. 

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

Approved April 1, 1872. 



1872.— Chapters 168, 169, 170. 123 

An Act to incorporate the dukes county savings bank. Chap. 168 

Be it enacted, Sj'c, as follows: 

Section 1. Thomas Bradley, Tarlton C. Luce, Joseph T. corporators. 
Pease, Constant Norton, Richard L. Pease, Shubael H. Nor- 
ton, Nathaniel M. Jernegan, Howes Norris, Ichabod N. Luce, 
Charles Bradley, Presbury L. Smith, Henry W. Beetle and 
Lorenzo Smith, their associates and successors, are hereby 
made a corporation, by the name of the "Dukes County Name and loca- 
Savings Bank," to be located in the town of Edgartown ; 
with all the powers and privileges, and subject to all the Powers and 
duties, liabilities and restrictions 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 1, 1872. 

An Act in relation to alien passengers. Chai). 169 

Be it enacted, §'c., as follows : 

Section 1. Section fifteen of chapter seventy-one of the Amendment to 
General Statutes is hereby amended by striking out the words ^' ^' '^' ^ ^^' 
between the word " charge " in the eighth line, and the word 
"provided " in the seventeenth line, as the same are printed 
and published in said General Statutes. 

Section 2. The sixteenth, seventeenth and eighteenth f^%^lQ°\^\^- 
sections of said chapter are hereby repealed. 

Section 3. In all cases in which bonds are required by oniy one bond 
law for insane, idiotic, deaf and dumb, blind, deformed or [lisaM.etc.V^ 
maimed alien passengers arriving in this Commonwealth, one £'r ^ ^^frfvlS'g 
bond only shall be required for all such alien passengers ar- at one time la 
riving at one time in one vessel. And the penalty in such 
bond shall not exceed the aggregate penalties which would 
have been inserted in several bonds had separate bonds been 
taken. 

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

Approved April 2, 1872. 



An Act to authorize the hopkinton railroad company to 
mortgage its road. 



Chap. IIQ 

Be it enacted, S,'c., asfolloios : 

Section 1. The Hopkinton Railroad Company may mort- May mortgage 
gage its road, franchise and equipment, and any of its prop- HcHnotTx^^'^' 
erty, real and personal, to an amount not exceeding one tosecife^bonds! 
hundred and forty thousand dollars, to secure such bonds as 
may be issued by said company with interest thereon at a 
rate not exceeding seven per centum per annum, and the 
whole amount for which sudi bonds shall be issued shall be 



124 



1872.— Chapter 171. 



Chap. Ill 



Hartford and 
N. H. Railroad 
may sell road to 
or consolidate 
with the N. Y. 
andN.'H. Rail- 
road Company. 



Directors may 
make agree- 
ments for sale 
or merger, pre- 
scribing terms 
and conditions. 

One director to 
be citizen of 
this state. 



Agreement to 
be submitted to 
stockholders of 
each corpora- 
tion, sepa- 
rately. 



Certificate to be 
filed with secre- 
tary of the 
Common- 
wealth. 



New corpora- 
tion under 
name of N. Y. 
N. Haven and 
Hartford Rail- 
road Company. 



determined by the stockholders at a meeting duly called for 
that purpose under the provisions of existing law. 
Section 2. This act shall take effect upon its passage. 

Approved April 5, 1872. 

An Act to authorize the hartford and new haven railroad 
company to consolidate with the new york and new haven 
railroad company. 

Be it enacted Sfc, as follows : 

Section 1. The Hartford and New Haven Railroad Com- 
pany may sell, transfer, merge and consolidate its corporate 
rights, powers and estate to, into and with the New York 
and New Haven Railroad Company, upon such considera- 
tions, terms, stipulations and conditions as may be agreed 
upon between said corporations and as are authorized by the 
provisions of this act. 

Section 2. The directors of said corporation may enter 
into proper agreements for the sale, transfer, purchase and 
merger hereby authorized, prescribing the terms and condi- 
tions thereof, the mode of effecting such transfer, merger 
and consolidation, and the number of directors thereof, one 
or more of whom shall be citizens of this Commonwealth, 
the amount of the capital stock of such consolidated corpo- 
ration, which shall not exceed the present capital of said 
companies, the manner of converting the capital stock of 
said original corporations into the capital stock of said con- 
solidated corporation, and such other matters and things as 
may be necessary or proper to effect the purposes and merger 
aforesaid : provided, however^ that such agreement of the 
directors herein before authorized shall be submitted to the 
stockholders of each of said corporations separately, at meet- 
ings specially called for that purpose, and, if approved by a 
vote of at least two-thirds of the stock represented at each 
of said meetings, said agreement so to be made by said direct- 
ors shall become the agreement of said corporations respect- 
ively, and a certified copy thereof, together with a certificate 
of the adoption thereof by the stockholders of said respective 
corporations, under the hand of the secretary of each of said 
corporations, shall be filed in the office of the secretary of 
this Commonwealth. 

Section 3. Upon the filing of such certificate said com- 
panies shall become and be merged and consolidated into 
one corporation, under the name of the New York, New 
Haven and Hartford Railroad Company, and shall become 
and be a body politic and corporate, and shall possess, hold 
and enjoy all the rights, powers, franchises and privileges, 
theretofore vested in either of said corporations, and all 



1872.— Chapter 171. 125 

property, real and personal, of said companies, shall be 
deemed to be vested in said consolidated corporation. 

Section 4. All rights of creditors and all liens upon the Eights of cred- 
property of either of said corporations shall continue un- biutie^s"of ll'r- 
impaired, and all debts, contracts and liabilities of either of 'become'binding 
said corporations shall continue unimpaired, and shall attach upon con sou- 

, ji^ i-T I 1- 1 1 ^ J dated company. 

to and become bnidnig upon such consolidated company, and 
may be enforced in the same manner and to the same extent 
as if incurred by said latter corporation, and in the courts 
of Massachusetts in all cases in which the claimants shall so 
elect. 

Section 5. Said consolidated corporation shall be subject consolidated 
to the charter of the corporation into which such merger is be's'ubKctto" 
made : provided, however, that when a special duty or lia- whidi merger 
bility is imposed, or any special franchise, privilege or immu- proviso! 
nity is conferred on the corporation so merged by its charter, 
such duty or liability shall attach to and be discharged by, 
and such franchise, immunity or privilege be enjoyed by such 
consolidated corporation, so far as the same is applicable to 
the road and franchise of said merged corporation. 

Section 6. Said consolidated corporation shall ticket pas- to give equal 
sengers, check baggage, way-bill freight, transfer cars and [ransil^of pas- 
give full and equal facilities for the convenient transfer of f"^e[f;.o^'au 
.passengers, baggage and freight, to and from all connecting connecting 
railroads, and shall make no unequal discrimination for or ^'°^'^^' 
against either of such railroads, or any railroad that may at 
any time meet or connect with the said consolidated rail- 
road. 

Section 7. Said consolidated corporation shall at all That portion of 
times be subject to the legislature of this state as to that to be subject 'to 
portion of its road in this state, as heretofore ; and shall be iMfstatefetc. 
subject to the general laws of this state as to its whole road 
so far as such laws may be applicable thereto. 

Section 8. The provisions of the eleventh section of the provisions of 
charter of the New York and New Haven Railroad Company ^1?;|!;[.1^1.'^^*°'' 
shall remain in force and apply to that portion of the road ^- t^'- ?,'"' Jl- ^• 

1-1- iTVT ■\T 1 Iv.K. Co., to re- 

of the consolidated company which is now the New York main in force. 
and New Haven Railroad, and, for the purposes contemplated 
in that section, the portion of the consolidated road which is 
now the Hartford and New Haven Railroad, shall forever be 
considered a connecting road. 

Section 9. This act and any act regarding the said con- subject to alter- 
solidated corporation shall be subject to alteration, modifica- peiu'by'iegisia- 
tion or repeal by the legislature. ture. 

Section 10. This act shall take effect upon its passage. 

Approved April 5, 1872. 



126 



1872.— Chapters 172, 173, 174. 



ChapAn 



Lease of Fram- 
iugham and 
Lowell road to 
Boston, Clinton 
and Fitchburg 
Co. ratiflod. 
Corporations 
may unite and 
makejointstock 
upon terms to 
be agreed upon. 



Powers, fran- 
chises, duties 
and liabilities 
of new corpo- 
ration. 



An Act to authorize the framingham and lowell railroad 
company to lease its road, and for other purposes. 

Be it enacted, ^•c, as follows : 

Section 1. The lease of the Framingham and Lowell 
Railroad to the Boston, Clinton and Fitchburg Railroad Com- 
pany, heretofore made is hereby ratified and made valid. 

Section 2. Said corporations may at any time hereafter, 
by a vote of a majority in interest of the stockholders pres- 
ent and voting 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. 

Section 3. The corporation so formed shall have, hold 
and possess all the powers, privileges, rights, franchises, 
property, claims and demands which at the time of such 
union may be held and enjoyed by either of said existing 
corporations, and be subject to all the duties, restrictions, 
debts and liabilities to wliich, at the time of union, either is 
subject in severalty. 

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

Approved April 5, 1872. 
Chap. 173 An Act to change the name of the first unitarian church in 

SOUTH DANVERS. 

Be it enacted, §'c., as folloivs : 
Name changed. SECTION 1. The First Unitarian Church in South Dan- 
vers shall hereafter be called and known by the name of the 
First Unitarian Church in Peabody. 

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

Approved April 5, 1872. 

Chop. 174 An Act to authorize the new london northern railroad 
^ * company to mortgage its road. 

Be it enacted, ^'c, as follows: 

Section i. The New London Northern Railroad Com- 
pany may make and execute a second mortgage on its road, 
franchise, equipment and property, real and personal, to an 
amount not exceeding five hundred thousand dollars, to 
secure bonds to that amount to be hereafter issued by said 
company, which. second mortgage shall be subject to a first 
mortgage for three hundred thousand dollars heretofore 
made and executed by said company to secure the payment 
of bonds to that amount already issued, and now outstand- 
ing. 

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

Approved Apnl 5, 1872. 



May execute a 
second mort- 
gage not ex- 
ceeding $500,- 
000, to secure 
bonds. 



18T2.— Chapters 175, 176, 177. 127 

An Act in relation to the sale of the troy and Greenfield Chan 175 
railroad, the iioosac tunnel and the southern vermont ^ ' 

railroad. 

Be it enacted, ^'c, as follows : 

Section 1. So much of section two of chapter three interest in 
hundred and thirty-three of the acts of the year eighteen sa'cXunnei.Tc , 
hundred and sixty-eight as authorizes the governor and poL^io;^^'* 
council to dispose of the interest of the Commonwealth in 
the Troy and Greenfield Railroad, the Hoosac Tunnel and 
the Southern Vermont Railroad, is hereby repealed. 

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

Approved April 5, 1872. 

An Act to incorporate the melrose savings bank. Chan 1 7fi 

Be it enacted, Sf'c, as follows: 

Section 1. Wingate P. Sargeant, George W. Heath, corporators. 
Daniel W. Gooch, Daniel Norton, junior, Samuel 0. Dear- 
born, Daniel Russell, their associates and successors, are 
hereby made a corporation by the name of the Melrose Name and loca- 
Savings Bank, to be located in Melrose, with all the powers *^''^"' 
and privileges, and subject to all the duties, restrictions and Powers and 
liabilities set forth in all general laws which now are, or 
hereafter may be in force relating to institutions for sav- 
ings. 

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

Approved April 5, 1872. 
An Act to authorize the city of boston to obtain an addi- p? -i m^^ 

TIONAL SUPPLY OF PURE WATER. KjIWp. 1 < i 

Be it enacted, ^'c, as follows: 

Section 1. The city of Boston is hereby authorized, by Boston may 
and through the agency of the Cochituate water board, to smil^mTKiveT 
take, hold and convey to, into and through said city, ""'i^'*™ 
all the water of Sudbury River, so called, said water to be 
taken at any point or points within the town of Framing- 
ham, or higher up on said river, and the water of Farm 
Pond, so called, in said town of Framinghara, and the 
waters which may flow into and from said river and pond, 
and to take any water rights in or upon said river or pond, 
in or above the town of Framinghara, or connected there- 
with. Said city may also take and hold, by purchase or May take and 
otherwise, in connection with the said sources of supply, JrcseJ-vi'nl the 
any lands and real estate necessary for increasing or pre- o" fofbuMin^^^ 
serving the purity of the water, or for laying, building and i^queducts, etc. 
maintaining aqueducts, water-courses, reservoirs, dams, 
buildings, machinery and other structures and appliances, 
with their accessories, for conducting, elevating, purifying, 



128 



1872.— Chapter 177. 



May build per- 
manent aque- 
ducts to connect 
with reservoirs. 



May connect 
water sources 
with Lake Co- 
chituate. 



May maintain 
reservoirs and 
filters. 



May enter upon 
and dig up 
streets for lay- 
ing down pipes, 
subject to regu- 
lations pre- 
scribed by se- 
lectmen of 
towns. 



May take lands 
necessary for 
building dams 
and reservoirs 
for storing and 
discharging 
water. 



storing, discharging, disposing of and distributing water ; 
and may also take and hold any land, excepting any in the 
town of Pramingham heretofore taken or purchased by any 
railroad company, on the margin of said sources of supply, 
not exceeding five rods in width from the high-water line of 
said river, storage, reservoirs or pond, so far as may be 
necessary in the opinion of said Cochituate water board, 
for the preservation and purity of the same, for the purpose 
of furnishing a supply of pure water for the city of 
Boston 

Section 2, For the purposes of this act, the said city 
may make and build one or more permanent aqueducts from 
the aforesaid water sources to Chestnut Hill reservoir, so 
called, or to any other reservoir owned by said city, and 
secure and maintain the same by any works suitable there- 
for ; may connect the said water sources with Lake Cochit- 
uate ; may erect and maintain dams, or may increase the 
height of, and strengthen and maintain existing dams to 
raise the water above the same, or to form storage res- 
ervoirs ; may make and maintain reservoirs within and 
without said city ; may erect and maintain buildings and 
machinery for elevating the water, and lay down pipes for 
conducting the same ; may build and maintain filters, or 
other means of purifying the water. And the said city may, 
for the purposes aforesaid, carry and conduct any aqueduct, 
or other work, by it to be made and constructed, under or 
over any water-course, or any street, turnpike road, railroad, 
highway or other way, in such manner as not to unnecessa- 
rily obstruct or impede travel thereon ; and may enter upon 
and dig up any such road, street or way, for the purpose of 
laying down pipes beneath the surface thereof, and for main- 
taining and repairing the same ; and in general may do any 
other acts and things necessary or convenient and proper 
for the purposes of this act. Said city of Boston, in enter- 
ing upon and digging up any such road, street or way of 
public travel, shall be subject to such reasonable regulations 
as shall be made by the selectmen of the towns wherein 
such work shall be performed, for the protection of their 
rights of drainage and sewerage therein. 

Section 3. The city of Boston is hereby further author- 
ized, by and through the agency of said Cochituate water 
board, if said board shall deem expedient, to store and dis- 
tribute water for maintaining and equalizing the flow of 
water in the river selected by said city as its source of sup- 
ply, or in the rivers into which said river may discharge, 
and for this purpose said city may take and hold such land 



1872.~Chapteii 177. 129 

and real estate as may be necessary for building and main- 
taining dams, reservoirs or other structures and appliances 
for storing and discharging water. And the said city may, 
through the same agency, make and build such dams, reser- 
voirs and other structures and appliances, at any point or 
points upon the said Sudbury River, and upon any and all 
streams flowing into the same. 

Section 4. Nothing contained in this act shall be so con- J^®a^|j^**°t'*^f*^ 
strued as to authorize the city of Boston to reduce the water to be 
water in Sudbury River below a sufficient height to main- bu^yVndlss'a- 
tain at all times a running stream therein, which shall flow p^rm Pond!'^'* 
at least one and one-half million gallons a day for each and 
every day in the year, or to draw from Farm Pond or Sud- 
bury River into Lake Cochituate when the water runs over 
the dam at Lake Cochituate, or to prevent the inhabitants of 
the towns of Framingham, Ashland, Southborough, Hudson 
. and Westborough from taking from the Sudbury or Assabet 
Rivers or Farm Fond so much of the water hereby granted 
as shall be necessary for extinguishing fires, and for all 
ordinary domestic and household purposes, and for the gen- 
eration of steam, or from cutting and carrying away ice 
from said pond ; or as to prevent the Boston and Albany 
Railroad Company, or the Mansfield and Framinghara Rail- 
road Company, or the Boston, Clinton and Fitchburg Railroad 
Company from taking water from Farm Pond, for use in 
locomotive or other engines, or for other railroad purposes, 
under such regulations of the city council of the city of 
Boston as may be essential for the preservation of the purity 
of the same. 

Section 5. The city of Boston shall be liable to pay all Liability for 
damages that shall be sustained by any persons m their 
property, by the taking of or injury to any land, real estate, 
water or water rights, or by the flowage of the lands of any 
persons, or by the interference with, or injury to any use or 
enjoyment of the water of said river to which any person, 
at the time of such taking, is legally entitled, or by any 
other doings under this act ; and in regard to such taking, 
injury, interference and flowage, and the ascertainment and 
payment of all such damages, the said city of Boston, and 
all persons claiming damages, shall have all the rights, 
immunities and remedies, and be subject to all the duties, 
liabilities and regulations which are provided in the one 
hundred and sixty-seventh chapter of the acts of the year 
eighteen hundred and forty-six, and the three hundred and 
sixteenth chapter of the acts of the year eighteen hundred 
and fifty. 

17 



damages. 



130 



1872.— Chapter 177. 



streets to be 
restored to orig- 
inal order and 
condition. 

Boston liable 
for defects in 
streets occa- 
sioned by lay- 
ing pipes. 



Proviso. 



Penalties for 
maliciously di- 
verting water 
or rendering 
the same im- 
pure. 



Boston may 
.supply Fram- 
ingham, New- 
ton, W. Rox- 
bury, Brighton 
and Brookline 
with pure wa- 
ter. 



Water for state 
normal school 
buildings in 
Framingham. 



Section 6. Whenever the city of Boston shall dig up 
any street or way, as afpresaid, it shall restore the same in 
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 several towns 
within which such street or way may be, against all damages 
which may be recovered against them respectively, and shall 
reimburse to them all expenses which they shall incur by 
reason of any defect or want of repair in any street or way 
caused by the construction of any of said works, or laying 
of said pipes, or by the maintaining or repairing the same : 
provided, that said city shall have due and reasonable notice 
of all claims for such damages or injury, and opportunity to 
make a legal defence thereto. 

Section 7. If any person or persons shall wantonly or 
maliciously divert the water, or any part thereof, of any of 
the rivers, ponds, streams or water sources, which shall be 
taken by the 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, machin- 
ery or other property held, owned or used by the said city, 
by the authority and for the purposes of this act, every such 
person or persons shall forfeit and pay to the said city three 
times the amount of the damages that shall be assessed 
therefor, to be recovered by any proper action. And every 
such person or persons may, moreover, on indictment and 
conviction of either of the wanton and malicious acts afore- 
said, be punished by fine not exceeding one thousand 
dollars, and imprisonment not exceeding one year, or by 
confinement to hard labor in the state prison for a term not 
exceeding ten years. 

Section 8. The city of Boston is authorized, if said city 
shall deem it expedient so to do, to supply the towns of 
Framingham, Newton, West Roxbury, Brighton and Brook- 
line, or either of them, with water, in such quantities, under 
such conditions and upon such terms as may be agreed upon 
between said city and said towns, or either of them ; and 
such towns shall respectively have power to distribute the 
water so supplied among the inhabitants of said towns. 

Section 9. The Commonwealth may take and convey 
water from said Sudbury River, or any of the reservoirs to 
be constructed by said city, to and for the use of the state 
normal school buildings, in said town of Framingham. 

Section 10. This act shall take effect upon its passage. 

Approved April 8, 1872. 



1872— Chapters 178, 179, 180. 131 

An Act in addition to an act to incorporate the westfield QJkjy) \ 78 

water works. 
Be it enacted, 8fc., as follows : 

Section 1. The Westfield water works for the purpose The westfieid 
named in the first section of the ninety -fifth chapter of the may convey 
acts of the year eighteen hundred and seventy-one, may take pochassfc'^ *^^ 
land and convey water from the Pochassic Brook, in Mont- ^•""o'^ i" ^'^'i'- 

•' TIT gomery. 

gomery, m the same manner and upon the same terms and 
conditions as they are now authorized to do by the act afore- 
said. 

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

Approved April 8, 1872. 
An Act in addition to an act to incorporate the trustees of fJjfj^ 1 70 

THE MEMORIAL HOSPITAL IN WORCESTER. C' 

Be it enacted, Sfc, as follows: 

Section 1. The trustees of the Memorial Hospital may Trustees of 
accept, receive, hold, conduct and manage all moneys and ^tl?in w?r-^ 
personal estate given and bequeathed by the last will and cefvfa^d how 
testament of the late Ichabod Washburn of Worcester, for real and per- 
founding and maintaining a memorial hospital in Worcester, v?8ed and^b'e- ^ 
and all other moneys and personal estate which may here- ichabod^wLh- 
after be given or bequeathed to them for the purposes of said ^"•''^• 
hospital, not exceeding four hundred thousand dollars in the 
whole, and may take and hold lands and real estate devised 
by the said Washburn or to be hereafter acquired by devise, 
grant, purchase or otherwise for the uses and purposes of 
said hospital, of the value of one hundred thousand dollars. 

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

Approved April 8, 1872. 
An Act to provide for the leasing and location of railroads rii^ ^ -t on 

AND FOR THE CONNECTION OF RAILROADS OF DIFFERENT GAUGES ^""^P' *-^^ 
AND THE GUARANTEEING OP BONDS BY RAILROAD CORPORA- 
TIONS. 

Be it enacted, ^c , as follotvs: "v 

Section 1. Two railroad corporations created by this connecting 
state, whose roads enter upon or connect with each other, contact! that 
may contract that either corporation shall perform all the tran7p!frt pas- 
transportation of persons and freight upon and over the road sengersand 
of the other ; and any railroad corporation created by this roaf onlie"^ 
state may lease its road to any other railroad corporation so Mayl'ease road. 
created, with whose road it connects or which it intersects, 
upon such terms as the directors may agree and as may be 
approved by a majority in interest of the stockholders of 
each corporation at meetings duly called for the purpose ; 
and copies of such contracts or leases shall be deposited with copies of con- 

■" tracts to be de- 



132 1872.— Chapter 180. 

?aUroad^om- ^^^® board of railroad commissioners, and full statements of 
missioners. the facts sliall be set forth in the next annual return of such 
corporations or either of them : provided, that the facilities 
for travel and business on either of the roads of the said 
corporations shall not be diminished ; and provided, further, 
that the income arising from such contracts or leases 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. 
Provisions of SECTION 2. The Seventeenth section of the fifty-third 

1872 53 § 17 

not to prevent chapter of the acts of the year eighteen hundred and sev- 
bSl?c'"^°^enty-two, entitled "An Act to authorize the formation of 
railroad corporations," shall not be construed to prohibit any 
railroad corporation from guaranteeing, according to the 
provisions of the first section of the three hundred and 
eighty-fourth chapter of the acts of the year eighteen hun- 
dred and seventy-one, the bonds of any railroad corporation 
organized under the said act of the year eighteen hundred 
and seventy-two. 
Routes of rail- SECTION 3. All railroads, including branches and exten- 
towns and'cft- sious, hereafter constructed, the routes of which in any town 
'^** or city are not fixed and determined by special act, shall 

have the routes thereof in any town or city fixed and deter- 
mined according to the provisions of the sixth, seventh and 
eighth sections of the fifty-third chapter of the acts of the 
year eighteen hundred and seventy-two, entitled, " An Act 
to authorize the formation of railroad corporations " ; and 
the provisions of the twelfth, thirteenth and fourteenth sec- 
tions of the said act shall also be applicable to such railroads, 
including branches and extensions ; and any party aggrieved 
as described in the thirteenth section of said act shall be en- 
titled to relief as therein provided. 
-When railroads SECTION 4. If two Connecting railroad corporations own- 
gauges cannot iug and operating roads of different gauges cannot agree, 
^Inn^ai'^accom-'^ either as to the requisite terminal accommodations, or as to 
^aiiroad^com-"'' ^^c manner in which, or the terms upon which freight and 
missioners to passcugcrs shall bc transferred from one road to the other 
and forwarded, the board of railroad commissioners, upon 
the petition of either party, and after due notice and hearing 
the parties interested, shall determine what accommodations 
are required, and also the compensation to be paid for the 
use of the said terminal accommodations, and for the receiv- 
ing, transferring and forwarding of passengers and freight ; 
and the award of the said board shall be binding upon the 
corporations until the same shall have been revised or altered 
by the said board ; but no such revision or alteration shall be 
made within one year after the award. 



1872.— Chapters 181, 182, 183. 133 

Section 5. All acts and parts of acts inconsistent with Repeal, 
this act arc hereby repealed. 

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

Approved April 8, 1872. 
An Act to authorize the register op deeds for the southern Chap, 181 

DISTRICT OF THE COUNTY OF ESSEX TO APPOINT AN ASSISTANT. 

Be it enacted, §'c., as folloios: 

Section 1. The register of deeds for the southern district Assistant re^s- 

^ tcr 01 QG6C1S tor 

of the county of Essex may, subject to the approval of the southern dis- 
superior court in said county, appoint an assistant-register of *"''* °^ Essex. 
deeds, for whose doings the said register shall be responsible. 
Said assistant shall be paid for his services by said register, 
and shall be removable at his pleasure. 

Section 2. Any document or paper certified by said ^g^glfbyassist- 
assistant-register shall be admissible as evidence in all courts ant to be admis- 
of this Commonwealth, in the same manner and to the same dence^ythe 
extent as if such document or paper were certified or attested ^^"^*^- 
by the register. 

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

Approved April 8, 1872. 



An Act to authorize the marblehead and lynn railroad 
company to change its location. 



CA«p. 182 

Be it enacted, Sfc, as follows : 

Section 1. Instead of the location prescribed in the one May locate road 
hundred and forty-first chapter of the acts of the year eigh- wUhEaTtem 
teen hundred and sixty-five, the Marblehead and Lynn Rail- f^famp^cott, to 
road Company may locate its railroad from a junction of its the Marblehead 
railroad with the track of the Eastern Railroad Company in r^'r.'' 
Swampscott, to a point of junction with the track of the 
Marblehead branch of the Eastern Railroad Company in 1872, 53, §§ e, 7, 
Marblehead according to the provisions of the sixth, seventh ^' 
and eighth sections of the fifty-third chapter of the acts of 
the year eighteen hundred and seventy-two, entitled " An 
Act to authorize the formation of railroad corporations " ; 
and the provisions of the twelfth, thirteenth and fourteenth 
sections of said act shall also be applicable to said railroad ; 
and any party aggrieved, as described in the thirteenth sec- 
tion of said act, shall be entitled to relief as therein provided. 

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

Approved April 9, 1872. 



Chap. 183 



An Act to extend the time for locating and constructing the 

south boston freight railway. 
Be it enacted, ^'c, as follows : 

Section 1. The time within which the South Boston Time extended 
Freight Railway Company may be organized is hereby ex- [°on°1o''nsuuc- 

tion, etc. 



134 1872.— Chapters 184, 185, 186. 

tended to the first day of May, in the year eighteen hundred 
and seventy-four, and the time within which the said com- 
L pany may locate and construct the railroad which it is by its 

charter authorized to build, is hereby extended to a period 
not exceeding six months from the said first day of May, in 
the year eighteen hundred and seventy-four. 

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

Approved April 9, 1872. 

CkCf'D. 184 -^^ -^^^ ^^ AMEND THE CHARTER OF THE BOSTON CO-OPERATIVE 
•* * BUILDING COMPANY. 

Be it enacted, ^c, as follows. • 

tio^aica^itai' SECTION 1. The Bostou Cooperative Building Company 
stock. may increase its capital stock to an amount not exceeding 

three hundred thousand dollars, and hold and improve 
real estate outside of the limits pf the city of Boston. 
Section 2. This act shall take effect upon its passage. 

Approved April 9, 1 872. 

Char). 185 -^^ •^^'^ "^^ authorize the city of CHELSEA TO CONSTRUCT A NEW 
■^' DRAW IN CHELSEA BRIDGE. 

Be it enacted, Sfc., as follows : 

Chelsea may SECTION 1. The city of Chelsca may causc to be made, 

construct n hg^v • 

draw in Chelsea at thc cxpcnse of Said city, in lieu of the existing draw in 
Bridge. ^^^^ northerly end of Chelsea Bridge over Mystic River, a draw 

in said bridge, with a clear passage-way of forty-four feet in 
width, in such position and of such form and construction, 
and with such changes in the draw piers and bridges con- 
nected with said draw, as may become necessary or advisable 
in removing the old and in building and maintaining a new 
draw, as the harbor commissioners may determine ; and all 
duties and liabilities now imposed by law upon said city of 
Chelsea, with respect to the existing draw in the northerly 
end of said bridge, shall be held to apply to such newly con- 
structed draw. 

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

Approved April 9, 1872. 

Phnn 1 8fi ^^ ^^^ ^^ AUTHORIZE THE APPOINTMENT AND TO DEFINE THE 

l^nap. ioo DUTIES op a harbor-master for the port of fall river. 
Be it enacted, Sfc-, as follows: 

Harbor-master SECTION 1. The board of mayor and aldermen of the city 

Fau Riv^e°r'^^' *^^ of Fall Rivor may appoint a harbor-master for the port of 
Fall River who shall continue in office until a successor is 
qualified, and who before entering upon the duties of his 

To give bonds, offico shall give to the treasurer of said city a bond, which 
shall be satisfactory to the board of mayor and aldermen, in 
the sum of two thousand dollars, conditioned upon the faith- 



1872.— Chapter 186. 135 

ful performance of his duties ; and said harbor-master shall 
have the power to appoint a deputy when, in the opinion of May appoint a 
the board of mayor and aldermen, it is necessary, and such **" ^' 
appointment shall be subject to their approval, and said board 
shall fix the salaries of both of said officers. Said harbor- 
master shall enforce the provisions of this act. 

Section 2. All vessels entering the said harbor shall be vessels to be 
anchored according to the direction of the harbor-master. ms^'dTre^cUon^^'^ 

Section 3. Every vessel before unloading lumber in the vessels unioad- 
stream, shall get a permit from the harbor master designating get pemitj etc. 
where such lumber may be rafted to avoid obstructing the 
channel or hindering the movements of other vessels. 

Section 4. Every vessel lying in the harbor or at any vessels at 
wharf or pier in said port, shall, when directed by the har- TOckbmVnd 
bor-master, cockbill the lower yards, brace the topsail yards, ^[^*^ ^^^^^' 
fore and aft, and rig in the jib-boom. 

Section 5. Said harbor-master may cause to be moved Harbor-master 

,-..,,, -, •', - ., may cause ves- 

any vessel lying m the harbor and not anchored according to seis to be mov- 
his direction, and not moving when directed by him so to do, ^ ' ^^'^' 
and the expense thereof shall be paid by the master or own- 
ers of such vessel ; and in case of neglect or refusal to pay 
after the same shall have been demanded, said expense may 
be recovered of said master or owners by the harbor-master 
to the use of the said city in an action of contract. 

Section 6. No person shall throw or deposit in said har- Gravel, etc., 
bor or any part thereof, any stones, gravel, ballast, cinders, fhrowu'futo 
ashes, dirt, mud or other substance which may in any way jJfre^aaVigation 
tend to injure the navigation thereof. 

Section 7. No warp or line shall be passed across the warporiine 
channel, or any dock, so as to obstruct vessels passing along acrol°'^hanne^i^ 
the same. "r dock. 

Section 8. If any vessel occupying a berth at any of the if vessel at 
wharves or piers of said city, either with or without the con- moved whe°n 
sent of the wharfinger thereof, shall fail to vacate such berth wharfingVr,**^^ 
upon notice from the wharfinger or his agent to the master, or harbor-master 
those having such vessel in charge for the time being, in a 
reasonable time, to be adjudged by the harbor-master, the 
harbor-master shall then cause such vessel to be moved to 
some other berth or anchored in the stream, and the expense 
thereof may be collected of the master or owners thereof, by 
the harbor-master, to the use of said city in an action of 
contract. 

Section 9. The harbor-master shall have authority to Harbor-master 
regulate and station all vessels in the stream of said harbor, ^Ystatiou'^lii 
and to remove such as are not employed in receiving or dis- l^^^^^ ^° *^*^ 
charging their cargoes, to make room for such others as 



136 1872.— Chapters 187, 188. 

require to be more immediately accommodated for the pur- 
pose of receiving or discharging their cargoes, and as to the 
fact of their being fairly and actually employed in receiving 
or discharging their cargoes, the said harbor-master is hereby 
constituted the sole judge. 
^l?ng to^obey' SECTION 10. Whocver shall refuse or neglect to obey the 
instructions, instructions of said harbor-master, or shall resist him in the 
execution of his duties, shall forfeit and pay a fine not ex- 
ceeding fifty dollars. 
i^^ctuTnoftwt Section 11. Any person violating the provisions of this 
act, in addition to any fines imposed in accordance herewith, 
shall be liable in an action of tort to any person suffering 
damage by such violation, 
be furnished to SECTION 12. It shall be the duty of the harbor^master to 
shipmasters, placc in the hauds of the master of every vessel arriving at 
the port of Fall River a copy of this act. 

Section 13. This act shall take effect upon its passage. 

Approved April 9, 1872. 
Chap. 187 -A^N Act to provide for the uniform enlistment of bands 

EMPLOYED IN THE MILITIA SERVICE. 

Be it enacted, ^c, as follows : 

Stn'^n^usicfMs SECTION 1. The coiumander of a regiment, battalion or 

allowed to each unattachcd compauy, may raise by voluntary enlistment, and 

H<fn'and (mat-* Warrant aud organize within the limits of his command, to 

tach^dcom- i^g under his direction and command at encampments, or at 

any parade ordered by the commander-in-chief, a band of 

musicians, not to exceed eighteen, inclusive of a master and 

deputy-master. 

^^P^^^' Section 2. So much of section twenty-three, chapter two 

hundred and nineteen of the acts of the year eighteen hundred 

and sixty-six as is inconsistent herewith, is hereby repealed. 

Approved April 10, 1872. 

Chap. 188 An Act to supply the towns of concord and Lincoln with pure 

WATER. 

Be it enacted, Sfc, as follows : 
Concord and SECTION 1. The towu of Coucord is hereby authorized to 
suppHe'd with supply itself and its inhabitants with pure water to extin- 
pure water. g^[^\^ fires, generate steam, and for domestic and other uses, 
and may establish public fountains aud hydrants, and regu- 
late their use, and discontinue the same, and may collect 
such rents as may be fixed for the use of such water. 
May take water SECTION 2. Said towu, for the purposcs aforesaid, may 
Pond in Lin- take and hold the waters of Sandy Pond, so called, in the 
^"^^"^ town of Lincoln, and the waters which flow into and from 

the same, and may also take aud hold, by purchase or other- 



1872— Chapter 188. 137 

wise, all necessary lands for raising, flowing, holding, divert- 
ing, conducting, purifying and preserving such waters, and 
conveying the same to any and all parts of said town of Con- 
cord, and may erect thereon proper dams, reservoirs, build- 
ings, fixtures and other structures, and make excavations 
and embankments, and procure and run machinery therefor ; 
and for such purposes may construct and lay down conduits, Maybuiidaque- 
pipes and drains in, under or over any lands, water-courses damsjItT 
or railroads, and along any street, highway, alley or other 
way, in such manner as not to unnecessarily obstruct the 
same ; and for the purpose of constructing, laying down, 
maintaining and repairhig such conduits, pipes and drains, 
and for all other proper purposes of this act, may dig up. May dig up 
raise and embank any such lands, street, highway, alley or '"gii'^ays- 
other way, in such manner as to cause the least hindrance to 
travel thereon : provided, that within ninety days after the Proviso. 
time of taking any lands, waters or water-courses as afore- 
said, otherwise than by purchase, said town shall file in the 
registry of deeds for the southern district of the county of 
Middlesex, a description thereof sufficiently accurate for 
identification, with a statement of the purpose for which the 
same is taken, signed by the water commissioners hereinafter 
named. 

Section 3 Said town of Concord shall be liable to pay Liability for 
all damages sustained by any persons or corporations in their '^'^'^^®^- 
property by the taking of any lands, water or water-rights, 
or by the construction of any aqueducts or other works for 
the purposes aforesaid. If any person or corporation sus- 
taining damages as aforesaid, cannot agree with the town 
upon the amount of such damages, they may have them 
assessed in the manner provided by law with respect to land 
taken for highways ; but no application shall be made to the No application 
county commissioners for the assessment of damages for the assessment o*'/ 
taking of water-rights, until the water is actually taken and waTeTfs^kctui-" 
diverted by said town. Any person whose water-rights are ai'y taken by 
thus taken or affected, may apply as aforesaid within three 
years from the time the water is actually withdrawn or 
diverted, and not thereafterwards. 

Section 4 For the purpose of paying all necessary ex- "Concord wa- 
penses and liabilities incurred under the provisions of this to exceed 
act, said town of Concord shall have authority from time to ^^°''^^°- 
time to issue notes, bonds or scrip, sighed by the treasurer 
and countersigned by the chairman of the selectmen, to be 
denominated " Concord Water Loan," to an amount not ex- 
ceeding fifty thousand dollars, payable at periods not exceed- 
ing thirty years from the date thereof, with interest payable 
18 



138 



1872.— Chapter 188. 



Water board to 
consist of treas- 
urer, chairman 
of selectmen, 
and three in- 
habitants to be 
chosen by bal- 
lot. 



Term of office 
of commission- 
ers. 



Compensation. 



Price of water 
to be so fixed 
as to pay inter- 
est and one per 
cent, of princi- 
pal of water 
loan. 



Sinking fund. 



semi-annually, at a rate not exceeding six per centum per 
annum ; and said town may sell said bonds at public or 
private sale, or pledge the same for money borrowed for the 
purposes of this act, upon such terms and conditions as it 
may deem proper, and may raise money by taxation to pay 
said bonds and interest thereon 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 in 
which the same may become due. 

Section 5. The treasurer of said town and the chairman 
of the selectmen, ex officiis^ and three persons to be elected 
by ballot by the said inhabitants, as hereinafter provided, 
shall form a board of water commissioners, who shall exe- 
cute, superintend and direct the performance of all the 
works, matters and things mentioned in this act, and exer- 
cise all the rights, powers and privileges hereby granted, and 
not otherwise specifically provided for herein, subject to the 
vote of said town. 

Section 6. At any special or annual meeting of the in- 
habitants of said town, called for the purpose, one of the 
three persons to be chosen according to the provisions of the 
preceding section, shall be elected for a term ending one year, 
one for a term ending two years, and one for a term ending 
three years from the next succeeding annual town meeting, 
after which first election, one of said board, as his term ex- 
pires, shall be elected at the annual town meeting for the 
term of three years. Said commissioners shall receive such 
salaries or compensation as the said town by vote may pre- 
scribe, and a majority of said commissioners shall be a 
quorum for the exercise of the powers and duties prescribed 
by this act. 

Section 7. Said water commissioners shall establish such 
prices or rents for the use of the water, as to provide annu- 
ally, if practicable, from the net income and receipts there- 
for, for the payment of the interest on the " Concord Water 
Loan," and also after three years from the introduction of 
the water into said town, for the further payment of not less 
than one per centum of the principal of said bonds. The 
net surplus income and receipts, after deducting all expenses, 
interest and charges of distribution, shall be set apart as a 
sinking fund, to be held by the trustees of town's donations, 
and applied solely to the payment of the principal of said 
bonds until the same are fully paid and discharged. The 
said water commissioners shall annually, and as often as said 
town may require, render an account of all their doings in 
relation thereto. 



# 1872.— Chapter 188. . 139 

Section 8. At any time after the expiration of three if surplus in- 
years from the introduction of said water into said town, and ac^nt tJ'pay"^" 
before the reimbursement of the principal of said Concord g" j^cf'i^aykp- 
water loan, if the surplus income and receipts for the use of point commis- 
the water distributed under this act, at the price established may^/ai^ the 
by the water commissioners, after deducting all expenses and p"*^^ °^ ^^^^^' 
charges of distribution, shall, for any two successive years 
be insufficient to pay the accruing interest on the said loan 
and the one per centum to the sinking fund as aforesaid, 
then the supreme judicial court, or any justice thereof, on 
the petition of twenty-five or more of the legal voters of said 
town, praying that. the said price of said water be increased 
so far as may be necessary for the purpose of paying, from 
the said surplus income and receipts, the said accruing inter- 
est and the said one per centum to the sinking fund, and 
upon due notice of the pendency of such petition, given to 
said town in such manner as said court shall order, may ap- 
point three commissioners, who upon due notice to the par- 
ties interested, may raise and increase the said price if they 
shall judge proper, so far as may be necessary for the purpose 
aforesaid, and no further ; and the award of said commis- Award of com- 
sioners, or the major part of them, being returned to said wudingX^ ° 
court at the next term thereof for the county of Middlesex, ^^'^^^ y^*"- 
and accepted by said court, shall be binding and conclusive 
for the term of three years next after the said acceptance, 
and until the price so fixed shall, after said term, be changed 
by the said water commissioners or by said town. 

Section 9. The occupant of any tenement or building occupants of 
shall be liable for the payment of the rent for the use of the foruse of water. 
water in such tenement or building, and also the owner 
thereof shall be liable, if, on being notified of such use, he 
does not object in writing thereto. 

Section 10, Any person who shall use any of said water, penalty for un- 
except the town, and the inhabitants of the town of Lincoln, o'^'^aiicious^f 
without the consent of the town, or who shall wantonly or o|.7eadefin^^the 
maliciously divert the water or any part thereof, taken, held same impure. 
or used under the provisions of this act, or who shall wan- 
tonly or maliciously corrupt the same or render it impure, or 
who shall wantonly or maliciously destroy or injure any dam, 
conduit, aqueduct, pipe or hydrant, or other property, real 
or personal, held, owned or used by the 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 wanton or malicious 
acts aforesaid, shall be punished by fine not exceeding one 



140 1872.— Chapters 189, 190. « ' ' 

hundred dollars, or imprisonment not exceeding six months, 

or both said penalties. 
Provisions con- SECTION 11. All the provisions of this act concerning the 
cord to be ap- town of Coucord, shall apply to the town of Lincoln ; and if, 
coin! *° ^^'^' in the future, the water of said pond shall prove insufficient 

for both, the town of Lincoln shall be first supplied. 
ce''p^lnceby° SECTION 12. This act shall be void, as regards either towu 
vote of town, of Coucord or Lincoln, unless accepted by a majority of 

legal voters of such town present and voting thereon, at a 

legal meeting held for the purpose within one year from the 

time this act goes into effect. 

Section 13. This act shall take effect upon its passage. 

Approved April 10, 1872. 

Chan. 189 -^^ ■^^'^ relating to small-pox. 

Be it enacted, §'c., as follows : 

g^s.^mIi.**" Section 1. Section fifty-one of the twenty-sixth chapter 
of the General Statutes is hereby amended by inserting after 
the word forty-six the following : so far as they confer authority 
for the removal of patients from their homes, except in case 
of persons riesiding in boarding-houses, hotels, or where 
two or more families occupy the same dwelling, and in all 
other cases where in the opinion of the board of health and 
the attending physician the case cannot be properly isolated. 
Section 2. This act shall take effect upon its passage. 

Approved April 12, 1872. 

Chap. 190 "^N -^CT TO RE-ESTABLISH THE ALEWIFE AND OTHER FISHERIES IN 
THE TOWNS OF BRIDGEWATER, WEST BRIDGEWATER, EAST BRIDGE- 
WATER AND HALIFAX. 

Be it enacted, Sfc, as follows: 

erectld^'and ^"^ SECTION 1. The owucrs and proprietors of the dams on 

maintained by thc Towu Rivcr, in the towus of Bridgewatcr and West 

■ Bridgewater, on the Satucket River, in the town of East 

Bridgewater, and on the Monponset River or brook, in the 

town of Halifax, are hereby required to erect and maintain 

fish-ways over or around said dams, and shall be subject to 

all the powers given to the commissioners on inland fisheries 

by chapter three hundred and forty-four of the acts of the 

year eighteen hundred and sixty- seven, and chapter three 

hundred and eighty-four of the acts of the year eighteen 

hundred and sixty-nine. 

Herrings, ale- SECTION 2. No pcrsou shall take, catch, or cause to be 

wives and shad . i,i i. • c -j 

not to be caught takcu or caught, by any means whatsoever, in any oi said 

before May 1, pj^Qj.g ^p ^.j^g^p tributaries, or the ponds out of which said 

rivers or tributaries flow, any of the fish called herrings, 



1872.— Chapter 191. 141 

alewives or shad, until the first day of May, in the year 
eighteen hundred and seventy-five. 

Section 3. The inhabitants of the several towns named Jo^n^"o"flx°^ 
herein, shall, at their annual town meetings, in the year ^Pj°g°gP}fg^^^a 
eighteen hundred and seventy-five, and annually thereafter, be taken. 
determine upon some place on said rivers, or their tributa- 
ries, within their limits, where said fish shall be taken, but 
neither of said towns shall establish more than one place 
upon said rivers or tributaries in the same year, where said 
fish shall be taken, and no person shall take said fish in any 
other place or places on said rivers or their tributaries, than 
those established as aforesaid ; and no person shall take 
said fish in any of the ponds out of which said rivers or 
tributaries flow. 

Section 4. The' commissioners on inland fisheries shall commjssioMrs^ 
have full power to regulate the day or days of the week of the week, 
upon which the inhabitants of said towns shall take said betaken.'™*^ 
fish, assigning to each of said towns separate days for fish- 
ing ; and no person shall take or cause to be taken any of 
said fish at any other time or times than those which shall 
be prescribed by said commissioners. 

Section 6. The inhabitants of the several towns named ^oSm'ngfish- 
herein, may make all proper regulations concerning said eriesmaybe 
fisheries, not in conflict with the other provisions of this itant*3 of towns. 
chapter, and the general laws relating to inland fisheries, 
and may lease all or either of said fisheries for a term not 
exceeding three years, or may otherwise dispose of the same 
from year to year as they shall deem fit, but shall have no 
right to re-lease or sell the same. 

Section 6 Any person offending against any of the pro- Penalties. 
visions of this act, shall forfeit for each offence a sum not 
less than five nor more than thirty dollars, and shall be sub- 
ject to all further penalties in such cases as is by law made 
and provided. 

Section 7. All other special laws relating to said fisher- Repeal. 
ies upon said rivers and tributaries are hereby repealed. 

Approved April 12, 1872. 

An Act in relation to sign boards at grade crossings of rail- QJidp^ \^\ 

KOADS AND HIGHWAYS. '■ 

Be it enacted^ §'c., as follows : 

Where a gate or a flagman is maintained by a railroad ^Jjfsfiffafnld"'' 
corporation at any crossing of a railroad by a highway at at_ a crossing of 
grade, the corporation may substitute, in place of the posts highway at 
and boards prescribed in section eighty-four of chapter wami'ng'^boards 
sixty-three of the General Statutes, warning boards on each ^''^omSon- 

ers approve. 



142 



1872.— Chapters 192, 193, 194. 



pose. 



Powers and 
duties. 



Capital stock 
and shares. 



side of the crossing, of such form, size and description as 
the board of railroad commissioners shall approve. 

Approved April 12, 1872. 

Chap. 192 ^^ -^CT TO INCORPORATE THE CONCORD FIRE INSURANCE COMPANY. 

Be it enacted, Sfc, as follows : 

Corporators. SECTION 1. Georgc M. Brooks, John Cummings, George 

Heywood, their associates and successors, are hereby made 

Name and pur- a Corporation by the name of the Concord Fire Insurance 
Company, in the town of Concord, for the purpose of mak- 
ing insurance against loss by fire ; with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are, or 
hereafter may be in force relating to such corporations. 

Section 2. Said corporation shall have a capital stock of 
"two hundred thousand dollars, divided into shares of one 
hundred dollars each, and may commence business when 
one hundred thousand dollars of the capital stock is sub- 
scribed and paid in in cash. 

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

Approved April 12, 1872. 

An Act to incorporate the brookfield savings bank. 
Be it enacted, ffc, as follows : 

Section 1. Emmons Twichell, Charles 0. Brewster, 
Henry L Butterworth, H. Y. Crosby, George L. Twichell, 
H. D. Fales, George W. Johnson, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
Brookfield Savings Bank, to be located in the town of 
Brookfield ; with all the powers and privileges, and subject 
to all the duties, liabilities and restrictions set forth in all 
general laws which now are or hereafter may be in force 
applicable to institutions for savings. 

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

Approved April 12, 1872. 



Chap. 193 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Chap 



Eastern Rail- 
road may con- 
struct wharves 
in Salem. 



194 -^ ^^'^ '^'^ authorize the eastern railroad company to build 

A wharf in SALEM. 

Be it enacted, Sfc , as follows : 

Section 1. License is hereby given to the Eastern Rail- 
road Company, its successors and assigns, to construct a 
wharf or wharves either solid or on piers, across the flats in 
front of the estate now owned by the said corporation on 
Derby street in said Salem, in a direction towards the north- 
west side of the channel of the harbor of Salem for such 
distance from the present line of the shore as may be 
approved by the board of harbor commissioners ; and shall 



1812.— Chapters 195, 196, 197. U3 

have the right to lay vessels at the ends and sides of such 
wharf or wharves and receive dockage and wharfage thereon : 
provided, that this license is given subject to the provisions Proviso, 
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 4;hirty-two of the acts of the year 
eighteen hundred and sixty-nine. 

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

Approved April 12, 1872. 
An Act to ratify and confirm a mortgage given by the win- QJinyy 1 05 

THROP railroad COMPANY TO THE TOWN OF WINTHROP. ^' 

Be it enacted, ^c, as folloivs: 

Section 1. Twenty bonds, dated May first in the year Bonds and 
eighteen hundred and seventy-one, each for one thousand ^Ty^townof 
dollars, payable in twenty years, with interest warrants at- ^med.™^' ^'^^' 
tached, issued by the town of Winthrop to the Winthrop 
Railroad Company, under the authority contained in chap- 
ter two hundred and two of the acts of the year eighteen 
hundred and sixty-seven, and a note and mortgage made by 
said company to said town, dated August twenty-eight, of 
the same year, to secure and indemnify said town for and 
on account of said bonds are hereby ratified and confirmed. 

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

Approved April 12, 1872. 



Chap. 196 



An Act to authorize the fitchburg hotel company to hold 

additional real and personal estate. 
Be it enacted, Sfc, as follotos : 

The Fitchburg Hotel Company may hold real and person- Additional reai 
al property to an amount not exceeding forty thousand esttfe!'^^*^"*^ 
dollars in addition to the amount which it is now author- 
ized to hold. Approved April 12, 1872. 

An Act to annex mount hope cemetery to the city op boston. ^1 -i qw 
Be it enacted, Sfc, as follows : O JW. 1 

Section 1. All that territory lying in the town of West Mount Hope 
Roxbury, being the property of the city of Boston, and nlxedt^city'of 
known as Mount Hope Cemetery with the inhabitants and Boston, 
estates therein is hereby annexed to and made a part of the 
city of Boston, and shall hereafter constitute a part of the 
county of Suffolk, subject to the same municipal regulations, 
obligations and liabilities and entitled to the same immuni- 
ties in all respects as the said city. The said territory is Boundaries of 
bounded as follows, beginning at the north-west corner nexed.'^^ ^^' 
of Back and Walk Hill streets, on the boundary line between 
the city of Boston and the town of West Roxbury as it 
existed before the passage of this act; thence running 



144 1872.— Chapter 198. 

north-westerly by the south-westerly line of Walk Hill street 
to a private way leading along the north-westerly boundary 
of Mount Hope Cemetery from Walk Hill street to Canter- 
bury street ; thence south-westerly by the south-easterly line 
of said private way, to Canterbury street ; thence south- 
easterly on the division line between Mount Hope Cemetery 
and land of Samuel Whittimore to an angle in said line ; 
thence again south-westerly by the north-westerly boundary 
line of Mount Hope Cemetery to a private way leading from 
Canterbury street to Berry street ; thence south-easterly by 
the north-easterly line of said private way to the division 
line between Mount Hope Cemetery and Mount Calvary 
Cemetery ; thence north-easterly by the said division line 
between Mount Hope Cemetery and Mount Calvary Cem- 
etery, to an angle in said line ; thence south-easterly by the 
same to Back street ; and thence north-easterly by the north- 
westerly line of Back street, being the boundary line between 
said city of Boston and said town of West Roxbury, as it ex- 
isted before the passage of this act, to the point of beginning. 
Section 2. This act shall take effect upon its passage. 

Approved April 12, 1872. 

Chap. 198 ^^ ■^^^ "^^ AUTHORIZE THE COLLINS PAPER COMPANY TO TAKE 
■^' WATER FROM NINE-MILE POND. 

Be it enacted, §'c , as follows : 

May take water SECTION 1. The Collius Paper Company may take water 
pond in wiibra- from Ninc-Mile Pond in the town of Wilbraham and con- 
duct the same to their property at Collins depot, for manu- 
facturing and domestic purposes, and may erect and main- 
tain such dams, gates, embankments and other structures 
upon said pond as may be necessary to insure the purity of- 
the water and to conduct the same therefrom to and through 
their pipes, may purchase land and additional water rights, 
for the purposes aforesaid, may lay its water-pipes through 
any private lands, with the right to enter upon the same for 
necessary repairs, and may carry its pipes under any rail- 
road, street or highway in such manner as not to obstruct 
the same. 

Liawiuyfor SECTION 2. Said compauy shall be liable to pay all dam- 

ages that may be sustained by any person or corporation by 
reason of taking said water, or laying said pipes ; and if the 
amount of damages cannot be agreed upon between the 
parties, the same shall be determined and recovered in the 
same manner as is provided with respect to land taken for 
highways. 

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

Approved April 12, 1872. 



ham. 



1872.— Chapter 199. 145 

An Act to establish the central district court of Worcester. QJiQVf^ I99 

Be it enacted, §'c., as folloivs : 

Section 1. A court is hereby established under the name central district 
of the Central District Court of Worcester, and the city of cester^estab-^ 
Worcester and the towns of Millbury, Sutton, Auburn, ^^^®^- 
Leicester, Paxton, West Boylston, Boylston, Holden and 
Shrewsbury, shall constitute a judicial district under the 
jurisdiction of said court. 

Said court shall, except as hereinafter provided, have the 
same jurisdiction, power and authority, shall perform the 
same duties and be subject to the same regulations as are 
provided in respect to the municipal court of the city of 
Worcester; and all provisions of law relating to criminal 
and civil proceedings, the taxation of costs, the payment of 
fines, the expense of courts and all returns applicable to the 
said municipal court shall apply to the court hereby estab- 
lished, and the clerk receiving the fees, fines, forfeitures and 
costs accruing from the business of the court in criminal 
cases shall account for and pay over the full amount thereof « 

in the manner provided by law. ' 

Section 2. The said court and the justice thereof shall fame^judS 
have the same power and jurisdiction within said district, tionashadby 
as the municipal court of the city of Worcester or the jus- ^"worceste'r"'^ 
tice thereof had when said court was established or now 
have in said city, in all matters relating to crimes or offences, 
and in receiving complaints, and issuing warrants, and when 
the court is not in session the justice thereof may receive 
complaints and issue warrants. 

Section 3. All cases pending at the time this act shall [Jf^ju^^ci"^!?^ 
take full effect, whether civil or criminal, in the municipal court to be' 
court of the city of Worcester shall be transferred to and 
have day in the proper day and term of the court hereby 
established, and all writs, processes, complaints, petitions 
and proceedings whatever, which are made returnable or to 
be entered in said municipal court shall be returnable to, 
entered and have day in the proper day and term of said 
district court, and all judicial writs and processes and copies 
founded upon the records of said municipal court or of the 
police court of Worcester shall issue under the seal of said 
district court in like manner, and to the same effect as the 
same might have issued from the said municipal or police 
court if this act had not passed, and all writs and processes 
may be made returnable to the several days and terms of 
said municipal court now established by law till this act 
shall take full effect, and then all such writs and processes 

19 



146 



1872.— Chapter 199. 



Kecords to re- 
main in posses- 
sion of clerk of 
district court. 



One justice and 
two special 
justices. 



Salary of jus- 
tice. 



Compensation 
of special jus- 
tices. 



Two or more 

sessions of 
court may be 
held at same 
time. 



Clerk of muni- 
cipal court to be 
clerk of district 
court until suc- 
cessor appoint- 
ed. 



shall be made returnable to the days and terms herein 
established. 

Section 4. The records of the said municipal court and 
all records now in the possession of said court shall remain 
in the custody of the clerk of the said central district court 
of Worcester. 

Section 5. There shall be appointed, commissioned and 
qualified agreeably to the constitution one justice and two 
special justices of said district court, and one of said special 
justices shall be appointed, commissioned and qualified as 
first special justice, and as vacancies occur they shall be 
filled by appointment in the same manner. The justice of 
said court shall receive an annual salary of three thousand 
dollars, and at the same rate for any part of a year to be 
paid monthly from the treasury of the Commonwealth, 
which shall be in full for all services rendered by him as 
justice of said court or otherwise, ex officio. The first 
speciaj justice shall officiate in case of the absence or other 
inability or disability of said justice or when two or more 
separate sessions shall be held at the same time, or when 
there is a vacancy in the office of justice, and in ca%e of the 
absence, inability or disability of the justice or the first 
special justice, the second special justice may upon request 
officiate. The special justices shall be paid by the justice 
eight dollars for each day on which they may hold a session 
of said court. 

Section 6. Two or more sessions of said court may be 
held at the same time, and in such case the justice may 
retain to his own use from the fees received in said court all 
sums paid by him to the special justice holding one of said 
sessions, in addition to all sums which he is now entitled to 
retain : provided, the sum authorized to be paid to the 
special justice under the provisions of this section shall not 
exceed five hundred dollars in any one year. 

Section 7. The clerk of the municipal court of the city 
of Worcester, now acting, shall be the clerk of said central 
district court of Worcester, until his successor is appointed 
and qualified ; and he shall have the same powers and per- 
form the same duties that he now does. A clerk of said 
court shall be appointed and commissioned by the governor 
for the term of seven years, and shall receive for annual 
salary and clerk hire the sum of two thousand five hundred 
dollars, to be paid monthly from the treasury of the Com- 
monwealth, and shall faithfully perform all services required 
by law of the clerks of like courts in the Commonwealth, 
and shall be qualified and give bond in the same manner 



1872.— Chapter 199. 147 

and amount as is now provided for the clerk of the muni- 
cipal court of the city of Worcester. 

Section 8. The justice and clerk shall not be retained Justices and 
or employed as counsel or attorney in any writs, complaints as^counsei.Vc!* 
or proceedings returnable to or pending in said court, nor 
in any suit which has been examined or tried therein, nor 
shall the special justices be retained or employed as afore- 
said in any matter tried before them in said district court. 

Section 9. The said court shall have original concur- Jurisdiction of 
rent jurisdiction with the superior court in the county of *^^ ''°'^^*' 
Worcester in all civil actions and proceedings in which the 
debt or damages demanded or property replevied does not 
exceed in amount or value three hundred dollars, and the 
jurisdiction of said court shall, when the plaintiff and 
defendant both reside in the district, exclude the jurisdic- * 

tion of municipal and police courts, justices of the peace, 
and other district courts: provided, that where there are 
two or more plaintiffs or defendants or one or more trustees, 
the jurisdiction of the court shall not be exclusive unless 
all the parties reside in the district. 

Section 10. When one of several defendants resides when one of 
within the district, the writ issued by said court may run lutrre'sides^"*^' 
into any county, and be served on the other defendant or ^'V,"" district, 
defendants lourteen days, at least, before its return day, m into any county, 
like manner as if issued by the superior court. 

Section 11. All proceedings duly commenced before any Proceedings ai- 
trial justice, or justice of the peace, for said county, within mencedTfore 
said district, before this act shall take full effect, shall be bJ"rosecut°eV*^ 
prosecuted and determined as if this act had not been etc., in this 
passed, and except as herein provided, the jurisdiction of *^°"'^'^' 
trial justice, justice of the peace, and municipal and police 
courts, and other district courts, shall be excluded within 
the judicial district created by this act. 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 district court. 

Section 12. The said court shall have power to establish couitmayes- 
a seal therefor, and the same power to issue all writs and In^d^lppoinf^' 
processes, and to appoint all officers that may be necessary c® rt" '^^ *^^ 
for the transaction of the business of the court, which the 
said municipal court now has, and the said court may, from 
time to time, make rules for regulating the practice and 
conducting the business therein in all cases not expressly 
provided for by law. 

Section 13. The said court shall be held for criminal naiTus?neTiS' " 
business daily, except on Sundays and legal holidays, at be held daily ° 



148 



1872.—CHAPTER 199. 



and for civil 
business week- 
ly. 



Trials by jury. 



Eight of appeal. 



Jury to be sum- 
moned from 
towns of dis- 
trict. 



Provisions of 
G.S. 129,§§7,8 
9, 11, 12, 26, 40, 
78, to apply. 



Kepeal. 



nine o'clock in the forenoon, and in the afternoon whenever 
it appears expedient to the justice thereof. 

The court shall be held for civil business weekly ; each 
term shall commence on Saturday, and actions therein may 
be continued to any future day fixed for the sitting of the 
court. 

Section 14. On the return day of the writ, either party 
may demand a trial by jury, in writing, which shall be 
granted by said court. If neither party demand a trial by 
jury, the right to have such trial shall be taken to be waived. 
The jury trial shall be in accordance with the provisions of 
chapter one hundred and thirty-two of the General Statutes, 
and the judgment of said court in all cases in which the 
title to real estate is not put in issue by the pleadings, shall 
be final, unless appeal is taken therefrom, or exceptions and 
appeals on matters of law are had, as hereinafter provided. 

Section 15. In all cases in said court, except where a 
jury trial is had, or the value of the property replevied or 
the amount claimed in the writ does not exceed the sum 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 the municipal court of the city of Wor- 
cester, 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 provided by law for taking 
exceptions and appeals from the superior court to the su- 
preme judicial court. 

Section 16. Whenever a jury shall become necessary 
for the trial of any actions or proceedings in said district 
court under the provisions of this act, the clerk of said 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 said district, 
for the summoning of jurors, and the jurors shall be sum- 
moned from the towns in the judicial district. 

Section 17. Sections seven, eight, nine, eleven, twelve, 
twenty-six, forty and seventy-eight of chapter one hundred 
and twenty-nine of the General Statutes, shall apply to 
civil actions before said court. 

Section 18. All laws establishing the municipal court of 
the city of Worcester, or giving jurisdiction to said court, 
except so far as may be necessary that the same should be 
supported for the purpose of this act, and all acts and parts 
of acts inconsistent with the provisions of this act are hereby 
repealed from the day this act shall take full effect ; and if 
upon said day any term of said municipal court shall be in 



1872.— Chapter 200. 149 

session, or shall have been adjourned to a future day, the 
remainder of said term may be held by the justice of said 
district court. 

Section 19. This act shall take effect so far as appointing, ^^^^'J *° ^^^"^ 
commissioning and qualifying the justice, clerk and special 
justices of said court are concerned, on the first day of April, 
eighteen hundred and seventy-two, and shall take full effect 
on the first day of May next. Approved April 13, 1872. 

An Act to establish the first district court of eastern QJi^v)^ 200 

WORCESTER. "' 

Be it enacted, Sfc, as follows : 

Section 1. The towns of Northborough, Southborough, First district 
Westborough and Grafton, shall constitute a judicial dis- em Worcester 
trict, under the jurisdiction of the court hereby established estabushed. 
therein, by the name of the First District Court of Eastern 
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 
regulations as are provided in respect to existing police 
courts, except the municipal courts of Boston and Worces- 
ter, by chapter one hundred and sixteen of the General 
Statutes, and by all general laws passed in amendment 
thereof applicable to the several police courts of the Com- 
monwealth ; and all provisions of law relating to criminal 
and civil proceedings, the taxation of costs, the payment of 
fines, the expenses of court, the accounting and settling 
with county and town for money paid into court as forfeitures 
or otherwise, and all other returns and requirements of law 
applicable to the several police courts of the Commonwealth, 
except those before mentioned, shall apply to the First Dis- 
trict Court of Eastern Worcester hereby established. 

Section 2. Said district court shall consist of one stand- P°L^^il!!J"?„„ 

... T . ■, . . . -, justice and two 

mg justice and two special justices, to be appointed, com- special justices. 
missioned and qualified, pursuant to the constitution and 
laws of the Commonwealth. 

Section 3. Either of the justices of said court may Either justice 
issue warrants in all proper cases. No justice of the peace rants?^"^ ^^'^' 
shall hereafter be allowed any fees for warrants issued 
within said district, and all warrants so issued shall be made 
returnable before said court. 

Section 4. Said court for criminal business, shall be courts for crim= 
held in some suitable place to be furnished by the county of buslue"!*'^^^^ 
Worcester, except on legal holidays, in Westborough, on 
Monday, Wednesday and Friday of each week, and in Graf- 
ton on Tuesday, Thursday and Saturday in each week, at 



150 , 



1872.— Chapter 200. 



Salaries of jus- 
tices. 



Jurisdiction of 
the court. 



Jury trials. 



Eight of appeal. 



Jury to be sum- 
moned from 
towns in the 
district. 



Proceedings 
commenced be- 
fore trial jus- 
tice, etc., to be 
there prosecut- 
ed. 



nine o'clock in the forenoon and in the afternoon, if required ; 
and for civil business, in Westborough on Monday, and in 
Grafton on Tuesday in each week, and at such other times 
as may be fixed according to law. 

Section 5. The standing justice of said court shall 
receive an annual salary of eight hundred dollars, to be 
paid from the treasury of the Commonwealth ; the compen- 
sation of the special justices shall be determined and paid 
in the manner now provided by law for special justices of 
police courts. 

Section 6. Said court shall also have concurrent juris- 
diction with the superior court in the county of Worcester 
in all personal actions, in which the debt or damages de- 
manded or property replevied does not exceed in amount or 
value three hundred dollars, and on the return day of the 
writ either party may demand a trial by jury in writing, 
which shall be granted by said court. If neither party 
demand a trial by jury, the right to have such trial shall 
be taken to be waived. The jury trial shall be in accord- 
ance 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, or exceptions and appeals on matters of 
law are had as hereinafter provided. 

Section 7. In all cases in said court, except when a jury 
trial is had, or the value of the property replevied, or the 
amount claimed in the writ 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 man- 
ner now provided by law for taking exceptions and appeals 
from the superior court to the supreme judicial court. 

Section 8. When a jury shall become necessary for 
the trial of any action or proceeding in said district court 
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 
trial justice or justice of the peace for said county within 
said district, before this act shall take full effect, shall be 



1872.— Chapter 200. 151 

prosecuted and determined as if this act had not been 
passed, and except as herein provided, the jurisdiction of 
trial justices and justices of the peace shall be excluded 
within the judicial district created by this act. 

Section 10. No writ or process issued by said district writs and pro- 

CGssfs in civil 

court in civil actions or proceedings shall run into or be actions not to 
served in any county other than "Worcester County, except counTy buf ^ 
as provided in section seven of chapter one hundred and 'w^orcester. 
twenty^ and in section seventy-seven of chapter one hundred 
and forty-two of the General Statutes. And in all civil 
actions in said court, wherein the writ or process is served 
upon the 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 
following section, but the defendant shall recover the costs 
to which he would have been entitled had he been the pre- 
vailing party. 

Section 11. If the plaintiff's claim in a writ served upon costs, if piaiu- 
the defendant out of Worcester County as established on the writ e'erwd^ up- 
trial exceeds twenty dollars and is reduced to that amount outljnjmmty 
or less, or overbalanced by set-offs which could not have exceeds twenty 
been proved in payment, it shall be considered for the pur- 
poses of the preceding section as having exceeded twenty 
dollars, and the party who finally recovers judgment in the 
suit shall be entitled to his costs. 

Section 12. The justice of said district court may retain justice may 
for his own use from the fees received in said court all sums c^nt'to^pa/fS' 
paid by him for the services of any special justice : provided^ darustices!^^" 
the sum so retained shall not in any one year exceed eight 
per centum of the annual salary of said justice ; but no 
justice 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 pro- 
cess which he is by law authorized to issue, or for any ser- 
vice performed by him in the discharge of his official duties 
in said court. * 

Section 13. This act shall take effect, so far as relates to when to take 
the appointment, commissioning and qualifying the justices ^ ^°'' 
of said district court, upon its passage, and it shall take full 
effect upon the first day of July next. 

Approved April 13, 1872. 



152 



1872.— Chapter 201. 



Chap 



. 201 An Act to establish the second district court of southern 

worcester. 



Second district 
court of South- 
ern Worcester 
established. 



One standing 
justice and two 
special justices. 



Either justice 
may issue war- 
rants. 



Courts for crim- 
inal and civil 
business. 



Salaries of jus- 
tices. 



Be it enacted, ^'c, as follows : 

Section 1. The towns of Blackstone, Uxbridge, Douglas 
and Northbridge, shall constitute a judicial district, under 
the jurisdiction of the court hereby established therein, by 
the name of the Second District Court of Southern Worces- 
ter. Said court shall, except as is hereinafter provided, 
have the same jurisdiction, power and authority ; shall per- 
form the same duties and be subject to the same regulations 
as are provided in respect to existing police courts, except 
the municipal courts of Boston and Worcester, by chapter 
one hundred and sixteen of the General Statutes, and by 
all general laws passed in amendment thereof, applicable to 
the several police courts of the Commonwealth ; and all 
provisions of law relating to criminal and civil proceedings, 
the taxation of costs, the payment of fines, the expenses of 
court, the accounting and settling with the county and 
towns for money paid into court as forfeitures or otherwise, 
and all other returns and requirements of law applicable to 
the several police courts of the Commonwealth, except those 
before mentioned, shall apply to the court hereby estab- 
lished. 

Section 2. Said court shall consist of one standing jus- 
tice and two special justices, to be appointed, commissioned 
and qualified pursuant to the constitution and laws of the 
Commonwealth. 

Section 3. Either of the justices of said court may 
issue warrants in all proper cases. No justice of the peace 
shall hereafter be allowed any fees for warrants issued 
within said district, and all warrants so issued shall be made 
returnable before said court. 

Section 4. Said court for criminal business shall be held 
in some suitable place, to be furnished by the county of 
Worcester, except on legal holidays, in Blackstone on Mon- 
day, Wednesday and Friday, and in Uxbridge on Tuesday, 
Thursday and Saturday in each week, at nine o'clock in the 
forenoon, and in the afternoon, if required ; and for civil 
business in Blackstone on Monday, and in Uxbridge on 
Saturday in each week, and at such other times as may be 
fixed according to law. 

Section 5. The standing justice of said court shall 
receive an annual salary of twelve hundred dollars, to be 
paid from the treasury of the Commonwealth ; the compen- 
sation of the special justices shall be determined and paid 
in the manner now provided by law for special justices of 
police courts. 



1872.— Chapter 201. 153 

Section 6. Said court shall also have original concurrent fjJ'g^^Ji^^*"" °^ 
jurisdiction with the superior court in the county of Wor- 
cester, in all personal actions, in which the debt or damages 
demanded, or property replevied, does not exceed in amount 
or value three hundred dollars, and on the return day of 
the writ either party may demand a trial by jury, in writing, 
which shall be granted by said court. If neither party 
demand a trial by jury, the right to have such trial shall be 
taken to be waived. The jury trial shall be in accordance Jury trials. 
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, 
or exceptions and appeals on matters of law are had, as 
hereinafter provided. 

Section t. In all cases in said court, except where a Eight of appeal, 
jury trial is had, or the value of the property replevied, or 
the amount claimed in the writ 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 provided 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, tSwns of °he 
under the provisions of this act, the justice is hereby author- <^^trict. 
ized and required to issue writs of venire facias, directed to 
the sheriff of the county, or either of his deputies, or a con- 
stable 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 
trial justice of the peace for said county within said dis- for'^Triai^us-*'^' 
trict, before this act shall take full effect, shall be prosecuted ^^'olecut'e^d^^^'''' 
and determined, as if this act had not been passed, and 
except as herein provided, the jurisdiction of trial justices 
and justices of the peace shall be excluded within the judi- 
cial district created by this act. 

Section 10. No writ or process issued by said district writs and pro- 

,•.•1,. "^ -,. iii'j. 1 cesses in civil 

court in Civil actions or proceedings, shall run into or be actions not to 
served in any county other than Worcester County except couufy°but^ 
as provided in section seven of chapter one hundred and Worcester. 
twenty, and in section seventy-seven of chapter one hundred 

20 



154 



1872.— Chapter 202. 



Costs, if plain- 
tiflf's claim in 
writ served up- 
on defendant 
out of county 
exceeds t wenty 
dollars. 



Justice may 
retain fees suffi- 
cient to pay for 
services of spe- 
cial justices. 



When to take 
effect. 



Chap 



and forty-two of the General Statutes. And in all civil 
actions 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 damage he 
shall be entitled to no costs, except as provided in the fol- 
lowing section, but the defendant shall recover the costs to 
which he would have been entitled had he been the pre- 
vailing party. 

Section 11. If the plaintiff's claim in a writ served upon 
the defendant out of Worcester County, as established on 
the trial, exceeds twenty dollars and is reduced to that 
amount or less, or overbalanced by set-off which could not 
have been proved in payment, it shall be considered for the 
purposes of the preceding section as having exceeded 
twenty dollars, and the party who finally recovers judgment 
in the suit shall be entitled to his costs. 

Section 12. The justice of said district court may 
retain for his own use, from the fees received in said court, 
all sums 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 jus- 
tice ; but no justice of said court shall receive any compen- 
sation 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. 

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 April 13, 1872. 

. 202 -^^ ^^"^ "^^ CHANGE THE TIME OF HOLDING THE PROBATE COURT AT 
ADAMS, IN THE COUNTY OF BERKSHIRE. 



Be it enacted, ^c, as follows . 
The probate court 



for the county of Berkshire now 



Time changed 

courtatAlams. required to be held at Adams each year on the Thursday 
next after the first Tuesday of April, shall hereafter be held 
at Adams on the Wednesday next after the first Tuesday 
of March in each year. Approved April 13, 1872. 



1872.— Chapter 203. 155 

An Act making appropriations from the income of certain QJidp^ 203 

FUNDS, and also FROM THE MOIETY OF THE INCOME OF THE "' 

school fund APPLICABLE TO EDUCATIONAL PURPOSES. 

Be it enacted^ Sfc, as follows : 

Section 1. The sums hereinafter mentioned in this sec- Appropriations 
tion are appropriated, and shall be allowed and paid out of ^" °"^* ' 
the moiety of the income of the school fund applicable to 
educational purposes, and also from the income of other 
funds, as herein specified, for the year eighteen hundred 
and seventy-two, to wit : — 

For the support of the state normal schools for the pres- statenomai 
ent year, a sum not exceeding forty-six thousand dollars. schools. 

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 Aid to pupiia in 
"exceeding four thousand dollars, payable in semi-annual schmjfs!'^"^*^ 
instalments, to be expended under the direction of the 
board of education. 

For postage, printing, advertising, stationery, transporta- postage and 
tion of documents for the board of education, and for the board'of educa- 
secretary thereof, and also for any contingent expenses of t'°^- 
the normal schools, not otherwise provided for, a sum not 
exceeding eleven thousand dollars. 

For insurance on the normal school buildings and prop- insurance on 
erty, a sum not exceeding one thousand two hundred dol- buii^gs.^""^ 
lars. 

For expenses of the members of the board of education, Expenses of 
a sum not exceeding three hundred dollars. ^^^^^' 

For the salary and expenses of such agents as the board salaries and ex- 
of education may employ, including the transportation, agents.*' 
exhibition of casts and other models in the department of 
drawing, a sum not exceeding six thousand dollars, in addi- ^ 

tion to the amount heretofore appropriated for the present 
year. 

For steam-heating apparatus for the normal school build- ^^^^^^Sg^*'^""^ 
ings at Bridgewater, a sum not exceeding six thousand * " ^ 
dollars. 

For improving the grounds, completing the room for improving 
instruction in drawing, for furniture, philosophical and irFraming.' 
chemical apparatus, extra windows, repairs and painting at ^^a"^* 
the normal school at Framingham, a sum not exceeding two 
thousand six hundred dollars. 

For the Massachusetts teachers' association, the sum of Massachusetts 
eight hundred dollars, on condition that said association ciation. 
shall furnish a copy of the "Massachusetts Teacher" to 



156 



1872.— Chapters 204, 205. 



County associa- 
tiona. 

American insti- 
tute of instruc- 
tion. 



Income of 
Rogers book 
fund. 



Income of Todd 
normal school 
fund. 



Income of agri- 
cultural college 
fund. 



each school committee in the several cities and towns in the 
Commonwealth, during the year eighteen hundred and 
seventy-two, and furnish satisfactory evidence thereof to the 
auditor. 

For county teachers' associations, a sum not exceeding 
three hundred dollars. 

For the American institute of instruction, the sum of 
three hundred dollars, to be paid to the president of said 
institution in the month of August next. 

The income of the Rogers book fund shall be expended 
in accordance with the conditions named by the donor, in 
conformity 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 
to the treasurer of the board of education, to be applied in 
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. This act shall take effect upon its passage. 

Approved April 13, 1872. 

Chap, 204 An Act to establish the salaries of the treasurer and re- 
ceiver-general, AND OF THE EXTRA CLERKS IN HIS DEPARTMENT. 
Be it enacted, Sfc, as follows : 

Section 1. The salary of the treasurer and receiver-gen-- 
eral shall hereafter be five thousand dollars a year, com- 
mencing with the present year. 

Section 2. The salaries of the extra clerks in the depart- 
ment of the treasurer and receiver-general, shall be fifteen 
hundred dollars each per annum, commencing with the 
present year. 

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

Approved April 13, 1872. 

Chap, 205 An Act to incorporate the ashmere reservoir association. 

Be it enacted, Sfc, as follows : 

Section 1. Franklin W. Hinsdale, Thomas Colt, Charles 
0. Brown, their associates and successors are hereby made 
a corporation by the name of the Ashmere Reservoir Asso- 
ciation, for the purpose of constructing and maintaining a' 
reservoir of water in the easterly branch of the Housatonic 
River in the towns of Hinsdale and Peru, for the supply of 
mills now or hereafter to be situated on said river ; with all 
dutTeT*^"*^ the powers and privileges, and subject to all the duties, 



Salary of treas- 
urer. 



Salaries of ex- 
tra clerks in 
treasury. 



Corporators. 



Name and pur^ 
pose. 



and shares. 



Chap. 206 



1872.— Chapters 206, 207, 208. 157 

restrictions and liabilities set forth in all general laws which 
now are or may hereafter be in force relating to such corpo- 
rations. 

Section 2. Said corporation may hold real and personal fj^^aj^^^atr' 
estate necessary for the purposes aforesaid, and its whole capital stock 
capital stock shall not exceed two hundred thousand dollars, 
which shall be divided into shares of one hundred dollars 
each: provided,. the sum of forty thousand dollars shall be 
paid in in cash before any liability is incurred. 

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

Approved April 13, 1872. 

An Act in addition to an act to incorporate the pentucket 

navigation company. 
Be it enacted Sf'c, as follows : 

Section 1. The time mentioned in section eight of chap- Time extended 
ter one hundred and fifteen of the acts of the year eighteen Sent of navV 
hundred and sixty-seven, is hereby extended to three years gation of river. 
from the passage of this act. 

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

Approved April 13, 1872. 
An Act to confirm certain acts of the second hawes congre- niff,^ 907 

GATIONAL society OF SOUTH BOSTON. yyflCIJJ. -C\J 

Be it enacted, ^c, as folloios : 

Section 1. The meeting of the Second Hawes Congrega- Meetings held 
tional Society of South Boston, held on the eleventh day of offil^lrrcon-*'^ 
March, in the year eighteen hundred and seventy-one, and firmeci ^nd 

' . Ill T r- • 1 • , made valid. 

all meetings held as adjournments ot said meeting ; the 
election of officers at said meeting and adjournments ; the 
acts of said officers as appear by the records of said society ; 
the meetings of said society held on the twenty-seventh day ^ 
of June, in the year eighteen hundred and seventy-one, and 
by adjournment on the thirtieth day of said June ; the elec- 
tion of officers at said meeting, and the acts of said officers 
as appear by the records of said society ; and the meeting 
of said society held on the sixteenth day of January, in the 
year eighteen hundred and seventy-two, are hereby ratified, 
confirmed and made valid to all intents and purposes what- 
soever. 

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

Approved Ajml 13, 1872. 
An Act to authorize the south bay company to increase its nhnvi 908 

CAPITAL STOCK. "' 

Be it enacted, ^c, as folloios : 

Section 1. The South Bay Company may increase its $200,000 addi- 
capital stock by an amount not exceeding two hundred stock! *^^^''^^ 



158 1872.— Chapters 209, 210, 211. 

thousand dollars in addition to the amount heretofore 
authorized by law, to be divided into shares of one hundred 
dollars each, at such times and in such sums as the stock- 
holders may determine, subject to the provisions of chapter 
three hundred and forty-four of the acts of the year eighteen 
hundred and fifty-three. 

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

Approved April 13, 1872. 

Chap. 209 -^N ■^'^'^ IN ADDITION TO AN ACT TO INCORPORATE THE PHILLIPS 

"WHARF CORPORATION. 

Be it enacted, Sfc, as folloivs : 

wharfTn^saiem Licouse is hereby given to the Phillips Wharf Corporation 
of Salem, its successors and assigns, to extend the wharf or 
wharves of said corporation, either solid or on piers, across 
the flats in front of the estate now owned by the said cor- 
poration on Derby Street, in said Salem, in a direction 
towards the north-west side of the channel of the harbor of 
Salem, for a distance not exceeding six hundred feet from 
the south-eastern extremity of said wharf as now built ; and 
shall have the right to lay vessels at the ends and sides of 
such wharf or wharves, and receive dockage and wharfage 
thereon : provided, that this license is given 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 hundred and sixty-nine. 

Approved April 13, 1872. 

Chap. 210 -A-N Act to authorize the boston belting company to hold 

REAL ESTATE. 

Be it enacted, Sfc, as follows : 

^tltefnotTl Section 1. The Boston Belting Company may hold the 
feeding real estate already purchased by them in the counties of Nor- 

' ' folk and Suffolk, and purchase and hold such real estate as 

may be necessary for their business : provided, that the 
amount of the real estate to be purchased and held by them 
shall not exceed the sum of three hundred and fifty thou- 
sand dollars. 

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

Approved April 13, 1872. 



Proviso. 



Chap. 211 



An Act to authorize the boston and providence railroad 

CORPORATION TO TAKE LAND IN ATTLEBOROUGH, AND FOR OTHER 
PURPOSES. 

Be it enacted, Sfc, as follows : 

KltetiS** Section 1. The Boston and Providence Railroad Corpo- 
house in Attie- ratiou may purchase or otherwise take a parcel of land near 

borough. •' *^ *■ 



1872— Chapter 211. 159 

their station house in the town of Attleborough, bounded 
north-westerly by a line parallel to and thirty-three feet 
north-westerly from a line running parallel to and midway 
between the inner rails of the main tracks of the road of 
said corporation as they now lie, northerly by the location 
of the Attleborough Branch Railroad, south-easterly by the 
north-westerly line of the land or location of the Boston and 
Providence Railroad, and southerly by Main street in Attle- 
borough, for the purpose of constructing and maintaining 
an additional railroad track or tracks for the greater security 
of passengers on said roads, such taking to be subject to the 
payment of damages as provided by sections nineteen, 
twenty-one and twenty-two of chapter sixty-three of the 
General Statutes. 

Section 2. The Boston and Providence Railroad Corpo- Before tracks 
ration shall, within six months after taking said land and remai°n3^of"the*^ 
before constructing any track or tracks on any part thereof, ^^^^d? ^^ ^^' 
remove the remains of the dead, together with the head- 
stones and monuments now in and upon the land described 
in the first section of this act, first giving notice to all per- 
sons interested, by a publication of this act three successive 
weeks in two weekly newspapers published in the county of 
Bristol, and by a notice in writing to the nearest kindred of 
the deceased interred in said land, known to reside within 
this Commonwealth. 

Section 3. The removals shall be made at the expense Remains to be 
ef the Boston and Providence Railroad Corporation, and penseofraii- 
under the supervision of the standing committee of the pervisSn'of '^' 
East Precinct of Attleborough ; the remains of the dead so Ea^t'prednctof 
removed shall be reinterred in Woodlawn Cemetery in Attle- Attleborough. 
borough in a proper and suitable manner, due regard being 
had to the wishes of the relatives and friends of the de- 
ceased ; and a plan of the ground in said cemetery to which 
such remains shall be removed, showing the position of all 
the known dead so removed, shall be made and filed in the 
ofiice of the town clerk of Attleborough, for future refer- 
ence. The remains of all the dead in the land taken as 
aforesaid shall be removed, together with the headstones 
and monuments now remaining, which shall be duly replaced 
to indicate the new graves of the deceased, to whose mem- 
ory they were erected. Removals of remains may be made Kemovaismay 
by friends of the deceased, under the direction of said Mendf.*' ^^ 
standing committee and subject to such reasonable restric- 
tions as the Boston and Providence Railroad Corporation 
may impose. 

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

Approved April 17, 1872. 



160 



1872.— Chapters 212, 213. 



Corporators. 



Name and pur- 
pose. 



Chap. 212 ^^ Act to incorporate the highland street railway com- 

-^' PANY. 

Be it enacted, Sj-c, as follows : 

Section 1. Donald Kennedy, George W. Wheelwright, 
Charles Hulbert, Augustus Parker, Augustus Hardy, Wil- 
liam K. Lewis, John F. Newton, James Ritchie, William 
Sheaf and Orlando H. Davenport, their associates and suc- 
cessors, are hereby made a corporation by the name of the 
Highland Street Railway Company, with authority to build, 
maintain and operate a street railway in the city of Boston, 
between Grove Hall and the line of Temple Place Street, 
and said railway may be located over the following streets, 
viz. : Warren, Cliff, Dudley, Guild Row, Shawmut Avenue, 
Tremont, between Shawmut Avenue and Temple Place 
Street, Eliot, Boylston, Washington, between Eliot and 
Temple Place Streets, and between Shawmut Avenue and 
Dudley Street, and Temple Place Street ; 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 hereafter may be in force applicable to such corpora- 
tions. 

Section 2. Said corporation may enter upon and use 
with its own motive power, the tracks of any street railway 
laid in the streets through which the tracks of said corpo- 
ration may be located or any part thereof, and purchase or 
lease from the Metropolitan Railroad Company, their tracks, 
in Warren Street and their Dorchester branch from Grove 
Hall : provided, however, that in granting a location the 
board of aldermen may, if the interests of public travel 
demand, require said corporation to lay one or more addi- 
tional tracks in any street now occupied by the track of any 
other street railway, and may restrict said corporation to the 
use of such additional track or tracks. 
Capital stock. SECTION 3. The Capital stock of said corporation shall 
not exceed three hundred and fifty thousand dollars. 
Section 4. This act shall take effect upon its passage. 

Approved April 17, 1872. ' 



Powers and 
duties. 



May use tracks 
of other roads. 



Proviso. 



Chap. 213 



May raise $500,- 
000 by borrow- 
ing or taxation 
for completion 
of water works. 



An Act to authorize the city of lynx to raise additional 
funds to complete its water works. 

Be it enacted, Sfc, as follows : 

Section 1. The city of Lynn may, for the purposes men- 
tioned in chapter two hundred and eighteen of the acts of 
the year eighteen hundred and seventy-one, raise by tax- 
ation or by borrowing, from time to time, an amount not 
exceeding five hundred thousand dollars in addition to the 



1872.— Chapters 214, 215, 216, 217. 161 

amount therein authorized, upon like terms and conditions, 
and with like powers in all respects, as are provided in said 
act for the raising of money. 

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

Approved April 17, 1872. 

An Act relating to imprisonment of witnesses. Chap. 214 

Be it enacted, S^c, as follows : 

Section 1. No person who is ordered to recognize with witness order- 

f o ed to recognize, 

sureties for his appearance as a witness beiore any court or failing to pro- 
magistrate and is unable to procure such sureties, shall be nouo^becom- 
committed to prison, except in cases of felony. ^ S'cas'l offlf-* 

Section 2. All acts and parts of acts inconsistent with ony. 
this act are hereby repealed. Approved April 17, 1872. 

An Act to amend an act in relation to the dukes county Qfidp^ 215 

educational association. ■* * 

Be it enacted, ^'c, as follows: 

The first section of chapter sixty-one of the acts of the Amendment to 
year eighteen hundred and sixty-six is hereby amended by ^^^^■i *'^' ^ ^• 
striking out the words, " two semi-annual meetings of not 
less than two days each," and inserting instead thereof the 
words, " an annual meeting of not less than three days ;" and 
the second section is amended by striking out the words, 
" two semi-annual meetings have " and inserting instead 
thereof the words " an annual meeting has." 

Approved April 17, 1872. 



An Act to authorize the purchase of land for a camp ground 

FOR the militia. 



Chap.2U 

Be it enacted, §'c , as follows: 

Section 1. The governor, by and with the advice and con- Governor may 
sent of the council, may purchase in behalf of the Common- for a camp for 
wealth not exceeding two hundred acres of land at a cost *^^ "^iiiti^. 
of not more than fifteen thousand dollars, to be held and 
used as a camp for the military organizations of the state ; 
and may cause the same to be properly graded and fenced, 
and suitable buildings to be erected thereon for the storage 
and safe keeping of military property : provided, the cost of 
buildings, fencing and grading shall not exceed the sum of 
twenty thousand dollars. 

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

Approved April 17, 1872. 

An Act to provide for the formation of library corporations, (^hni) 217 
Be it enacted, Sfc, as follows: 

Section 1. Three or more persons within this state who Library corpo- 
shall have associated themselves together by an agreement formed unde5^ 

21 



162 



1872.— -Chapter 217. 



provisions 1870, 
224, §§ 7-11. 



Powers and 
duties. 



Any name may 
be assumed not 
in use by any 
existing corpo- 
ration. ' 



Secretary of 
Commonwealth 
to issue certifi- 
cate. 



Existing asso- 
ciations maj; 
procure certifi- 
cate upon pay- 
ment of fees, 
&c. 



Real and per- 
sonal estate not 
exceeding 
$50,000. 



May receive 
donations, etc. 

Proviso. 

Cities and 
towns ma;^ aid 
library, if in- 
habitants are 
allowed free 
access. 



in writing, such as is described in section seven of chapter 
two hundred and twenty-four of the acts of the year eighteen 
hundred and seventy, with the intention to constitute a cor- 
poration under any name by them assumed for the purpose 
of establishing and maintaining a public library, with or 
without reading rooms connected therewith, shall become a 
corporation upon complying with the provisions of sections 
eight, nine, ten and eleven of said act, and shall remain a 
corporation with all the powers, rights and privileges 
belonging to any corporations organized under the provisions 
of said act, and subject to all the duties, restrictions and 
liabilities set forth in all general laws which now are or here- 
after may be in force applicable to such corporations. 

Section 2 Any name may be assumed by such corpo- 
ration not previously in use by any existing corporation or 
association, and shall contain therein the word library. Upon 
filing the certificate named in section eleven of said act 
with the endorsement of the commissioner of corporations 
thereon, and the payment of the fees named in section fifty- 
nine of said act, the secretary of the Commonwealth shall 
sign and issue to such corporation a certificate in the form 
prescribed and having the same force and effect named in 
said eleventh section of said act. 

Section 3. Any existing library association under gen- 
eral law, may by complying with the provisions of section 
twelve of said act and payment of the fees aforesaid, obtain 
of the secretary of the Commonwealth the certificate therein 
prescribed. 

Section 4. Corporations formed under the provisions of 
this act may hold real and personal estate necessary for the 
purposes of their organization, to the amount named in their 
agreements of association, not exceeding fifty thousand dol- 
lars, exclusive of books, papers, collections in natural history, 
and works of art ; may receive and hold for the purposes 
aforesaid any grants, donations or bequests, under such con- 
ditions and rules as may be prescribed in such grants, dona- 
tions and bequests : provided, the same are not inconsistent 
with the provisions of law. And so long as any corporation 
formed under this act shall allow the inhabitants of the city 
or town wherein the same is located free access to and use 
of its library, such city or town may annually appropriate 
and pay to the said corporation established therein money to 
aid in supporting its library. 

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

Approved April 17, 1872. 



1872.— Chapters 218, 219, 220. 163 

An Act to protect and control the alewife fishery in kings- nhfjYi 218 

Be it enacted^ ^c, as follows : 

Section 1. The owners of dams on Jones's River, Stony owners of dams 
Brook, and Smelt Brook in Kingston are required to erect rWer°Ttc.%n 
and maintain fish-ways over or around said dams, and shall ere^tfishway^s! 
be subject to all the powers given to the commissioners of 
inland fisheries by chapter three hundred and thirty-four of 
the acts of the year eighteen hundred and sixty-seven, and 
chapter three hundred and eighty-four of the acts of the 
year eighteen hundred and sixty-nine. 

Section 2. The inhabitants of Kingston may make any inhabitants 
proper regulations concerning their fisheries and rights to Jfsh^erie^s^lfnd 
fisheries in such streams, and may lease all or either of said foraperiod'not 
fisheries for a period not exceeding five years, or may other- exceeding five 
wise dispose of the same from year to year as they shall ^'^^'^^' 
deem fit, but shall have no right to release or sell the same. 

Section 3. For the purposes of the fifth, sixth, and Jdl's^herief'^^'^" 
seventh sections of the acts of the year eighteen hundred created by 
and sixty-six, the fisheries above named shall be considered purpose? of^ 
fisheries created by the town of Kingston. isgg, §§5, 6, 7. 

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

Approved April 17, 1872. 
An Act to repeal chapter two hundred and eighty-eight of nhnf) 910 

THE ACTS of THE YEAR EIGHTEEN HUNDRED AND SIXTY-EIGHT, IN ■» ' 

relation to the distribution of UNCLAIMED PORTIONS OF THE 
PERSONAL ESTATES OF DECEASED PERSONS. 

Be it enacted, c5'c., as follows: 

Section I. The two hundred and eighty-eighth chapter Repeal of ises, 
of the acts of the year eighteen hundred and sixty-eight, is ^^^' 
hereby repealed. 

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

Approved April 17, 1872. 

An Act to authorize the laying out of streets in salem. 
Be it enacted, Sfc, as follows : 

Section 1. The board of aldermen of the city of Salem, city council of 
with the concurrence of the common council of said city, out^sTr^tf/to^ 
may, subject to all provisions of general law except as is wlien'deim^e'd 
herein oiherwise provided, lay out such public ways and expedient, 
streets in said city as they in their judgment shall deem to 
be for the common convenience and benefit of the inhabitants 
of said city ; which ways and streets the said city shall not be 
obliged to complete sooner than the board of aldermen deem 
it expedient so to do, but shall pay all damages therefor Damages to be 
within one year from the laying out of the same. pa^d within one 

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

Approved April 17, 1872. 



Chap. 220' 



164 18T2.— Chapters 221, 222, 223. 

Chap. 221 -^^ -^CT IN RELATION TO THE PASSAGE OF VESSELS THROUGH DRAWS 
IN RAILROAD BRIDGES OVER FORT POINT CHANNEL AND CHARLES 
RIVER. 

Be it enacted, SjX., as follows: 
fobe^ddajldfn ^^ Charles River and Fort Point Channel, no vessel 
passage propelled by steam, or tqwed by a vessel propelled by steam, 

o/riSfroad sliall be delayed in its passage through the draw of a rail- 
chariesiuver Toad bridge except so far as shall be necessary to permit a 
chami°e? ^°"^* railroad train approaching such draw, and in sight from the 
stopping-place of the train at such draw, to cross the same : 
provided, that such draw need not be opened within five 
minutes before the time, by the time-table, for an outgoing 
train to start, 
^tfon^^ ^"'^ ^^° Any railroad corporation, or any person or persons oper- 
ating a railroad that shall, in violation of this act delay in 
its passage any such vessel by a failure to open a draw in a 
bridge of such corporation, person or persons, shall incur a 
penalty of not less than twenty-five dollars nor more than 
a hundred dollars for each offence. 

Approved April 18, 1872. 



Chap. 



). 222 -^^ '^'^'^ ^O^ "^^^ PROTF.CTION OF THE NEW BEDFORD WATER WORKS. 

Be it enacted, Ifc, as follows : 

storingjTeser- SECTION 1. Any pcrsou who cutcrs upon the storing 
Bedford water fcservoir of the Water works of the city of New Bedford, or 



works not to be 



entered upon or upou any lauds 01 said city on the margni oi said reservoir, 
out permislion or who launchcs or puts any boat or raft into the waters 
of water board, thereof, or who fishes for or takes any fish in said waters, or 

under penalty. •' ... 

who throws, conducts or places any substance or thing in 
said waters, without the permission of the water board of 
said city, shall, on conviction, pay a fine of not less than one 
dollar nor more than twenty dollars for each offence, and 
the costs of prosecution, which may be either by complaint 
Proviso. or indictment : provided, that nothing in this act shall inter- 

fere with any right of way, which the water commissioners 
of New Bedford may have granted, in acquiring the title of 
the lands of said reservoir. 

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

• Approved April 20, 1872. 

Chap. 223 ^N Act in ADDITION TO AN ACT TO ESTABLISH THE SOUTH COVK 
^ ' CORPORATION. 

Be it enacted, Sjc, as follows : 
May hold and SECTION 1. The South Covc Corporation shall have 

convey lauds . .in . t ^ -i ^ 

and flats not authority to hold, purchase, improve and convey lands and 

acres! °^^'^ ^ flats, not exceeding in all sixty acres, including therein the 

lands conveyed by Francis Jackson to Uriel Crocker, Ellis 



1872.— Chapter 224. 165 

Gray Loring and Benjamin W. Nichols by deed dated No- 
vember twenty-ninth, eighteen hundred and fifty-four, and 
recorded with Suffolk deeds, book seven hundred and ninety- 
five, page one, lying within the territory situated between 
Dover Street, Dorchester Avenue, Dorchester, Cottage and 
Franklin Streets, Norfolk Avenue, Hampden and Albany 
Streets, 

Section 2 The South Cove Corporation shall continue to continue to 
to be a corporation for ten years after the expiration of its tion for ten 
present charter, for the purposes named in its act of incor- pf^uon^of p^s- 
poration, and in the first section of this act, with the same ent charter. 
powers and privileges, and subject to the same duties, liabil- 
ities and restrictions as are provided by general laws 
applicable to such corporations. 

Section 3. Nothing in this act shall be so construed as to ownership of 
affect the ownership of the Commonwealth in any lands or fifundT^d^*^ 
fiats within the limits defined by the first section of this affeS/" '^^ 
act ; nor shall any right or authority of the Commonwealth 
in relation to the harbor or to harbor lines, be affected or 
waived, nor any existing law relating to compensation for 
tide-water displaced, be repealed or modified by this act ; 
nor shall the acceptance of this act by the Soutli Cove Cor- 
poration, modify or affect the title, or the right in law to 
maintain such title, of the South Cove Corporation to any 
lands or flats which have been subjected by excavation to 
the flow of tide-water. 

Section 4. The stock of this corporation shall be divided f^hfe^ofoPf 
into shares of a par value of one hundred dollars each. hundred doi- 

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

Approved April 20, 1872. 



lars. 



Cha'p. 224 



An Act concerning the new london northern railroad com- 
pany. 
Be it enacted, ^c, as follows: 

Section 1. None of the provisions of chapter two hun- contract made 
dred and ninety-eight of the acts of the year eighteen hundred Ij^ifN^rt^em 
and sixty-seven, or of chapter three hundred and eighty- ^^-^^/by pJo^^' 
nine of the acts of the year eighteen hundred and seventy- visions of iso?, 

T 1 298 a,nd 1871 

one, shall be construed to invalidate the contract made by sgo! ' 

the New London Northern Railroad Company on the twenty- 
first day of November, eighteen hundred and seventy-one 
for the operation of its railroad : provided, that nothing Proviso. 
herein contained shall invalidate or affect any existing lease 
or contract between said New London Northern Railroad 
Company and the Ware River Railroad Company. 
Section 2: This act shall take effect upon its passage. Act may be 

amended or an«- 



166 



1872.— Chapters 225, 226. 



nulled by legis- and may be altered, amended or annulled at the will of the 
lature. legislature, and meantime said New London Northern Rail- 

road Company and said lessees shall both be under obligation 
to observe all the laws of this Commonwealth relating to 
railroads. Approved April 20, 1872. 



Railroad laws 
of state to be 
observed by 
company. 



Chap. 225 

Oak Bluffs Land 
and Wharf Co. 
incorporated as 
Vineyard Tele- 
graph Co. 
Capital stock 
and shares. 



May lay sub- 
marine cable. 



May connect 
with Western 
Union tele- 
graph lines. 



Chap. 226 

Corporators. 



Powers and 
duties. 



May purchase 
and sell lasd, 
and erect build- 
ings. 



Capital stock 
and shares. 



An Act to incorporate the vineyard telegraph company. 
Be it enacted, ^'c, as follows: 

Section 1. The Oak Bluffs Land and Wharf Company, 
their associates and assigns, are hereby incorporated as the 
Vineyard Telegraph Compajny. 

Section 2. The capital stock of said company shall be 
twenty thousand dollars, divided into shares of one hundred 
dollars each, with liberty to increase the same to an amount 
not exceeding fifty thousand dollars. 

Section 3. The company may lay a submarine cable 
from some point in the town of Falmouth to the island of 
Martha's Vineyard, and to any points on the island that 
telegraph communication may be required. 

Section 4. The said company shall have the right to 
extend its line to make connections with the Western Union 
telegraph lines. 

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

Approved April 20, 1872. 

An Act to incorporate the bridgewater industrial company. 

Be it enacted, Sfc , as follows : 

Section 1. Joshua E. Crane, Josiah L. Basse tt, Spencer 
Leonard, Joseph A. Hyde and Lafayette Keith, their associ- 
ates and successors, are hereby made a corporation by the 
name of the Bridgewater Industrial Company ; 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 hereafter may be in force relating to such corpora- 
tions. 

Section 2. Said corporation shall have power to pur- 
chase and hold land not exceeding three acres, in Bridge- 
water, and erect buildings and machinery thereon, and may 
sell and convey, lease, mortgage, or otherwise dispose of the 
same or any part thereof, as the interests of the corporation 
may require. 

Section 3. The capital stock of said corporation shall be 
fifty thousand dollars, divided into shares of one hundred 
dollars each : provided, however, that said corporation shall 
not commence business until ten thousand dollars of its 
capital stock has been actually paid in in cash. 

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

Approved April 20, 1872. 



state. 



1872.— Chapters 227, 228, 229. 167 

An Act to establish the salary of the first clerk in the tax QJiap, 227 

commissioner's department. ■^' 

Be it enacted, Sfc, as follows : 

Section 1. The salary of the first clerk in the tax com- ll^^'^^g^t^^iJ^^. 
missiouer's department shall be two thousand dollars a year ed. 
from and after the first day of April in the year eighteen 
hundred and seventy-two. 

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

Approved April 20, 1872. 

An Act in relation to foreign insurance companies. Chap. 228 

Be it enacted, Sfc, as follows : 

Section 1. "When, (and so long as) any fire, marine, fire Foreign insur- 

T . ^ \\-n • o y J T^ .J ance companies 

and marine or fire and life insurance company incorporated to pay same tax 
or associated under the laws of any government or state "Fimposed'u™^ 
other than one of the United States, which is or may be °?gSS 
admitted to do business in this Commonwealth in accord- der laws of this 
ance with the laws thereof, shall invest and keep invested 
and subject to taxation in this Commonwealth, with the 
approval of the insurance commissioner thereof, the sums 
and amounts of money entitling such companies to do busi- 
ness in this Commonwealth, and not less than two hundred 
thousand dollars in amount, such company, in place of the 
taxes now imposed upon premiums, shall pay the same taxes 
as are imposed upon insurance companies of like character 
organized under the laws of this 'Commonwealth, upon all 
premiums charged or received on contracts made in this 
Commonwealth for the insurance of property, or collected 
or received by agents in this Commonwealth. 

Whenever and so long as any such company shall invest 
and keep invested said sums and amounts of money in any 
other or others of the United States, such company shall 
annually pay in the manner and at the times aforesaid a tax 
at the same rate as shall be payable on such premiums by 
companies incorporated under the laws of any other of the 
United States and doing business in this Commonwealth. 

Section 2. All acts and parts of acts inconsistent here- 
with are hereby repealed. 

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

Approved April 20, 1872. 

An Act relating to the shad and alewife fishery in north 

river. 

Be it enacted, ^c, as follows: 

Section 1. No shad or alewives shall be taken in any ^^^gg^^^^f^ fo^{,g 
part of North River in the county of Plymouth, from the taken in North 
first day of March to the fifteenth day of June in each year mtoJu^eisth, 



Chap. 229 



168 1872.— Chapter 230. 

Itonda^s^Tues- hereafter, including both of said days, excepting on Mon- 
days and' Wed- dajs, Tucsdajs and Wednesdays of each week from sunrise 
ne^iaysofeac ^^ gmjggt of gaj^ (Jays, uudcr the penalty provided for in 
section twenty-one, chapter three hundred and eighty-four 
of the acts of the year eighteen hundred and sixty-nine, 
Penalty. ouc-half of the moncy recovered as a penalty in any case 

arising under this law to be paid to the person making the 
complaint in the case in which the same is recovered, and 
the remainder to the Commonwealth. 
useof^sweep SECTION 2. So much of scctiou twcuty-second, chapter 
trolled by pro. thrcc hundred and eighty-four of the acts of the year 
38i!T22? ' eighteen hundred and sixty-nine as provides that whosoever 
uses any sweep seine or combination of sweep seines in svich 
a manner as at any moment to close or seriously obstruct 
more than two-thirds of the width of the stream at the 
place where it is used, shall not apply to said North River : 
Provisos. provided^ that no seine or combination of seines used in said 
river shall exceed in length the width of the river where it 
is used ; and provided, also, that no person shall be allowed 
to use set-nets or gill-nets on said river or its tributaries 
under the penalty prescribed in the first section of this act. 

Approved April 20, 1872. 



Chap 



. 230 -^^ ^^'^ "^O CHANGE THE METHOD OF VOTING IN MUTUAL FIRE INSUR- 
ANCE COMPANIES. 



Be it enacted, kc, as follows : 

tobe'^eSe'crby SECTION 1. Evcry mutual fire insurance company shall 
ballot, who are annually clcct by ballot not less than seven directors, cit-. 
Mass!^'' ^ izens of this state, and after the first election members of 

the company, who shall manage and conduct the business 

thereof. 
Votes may be Every pcrsou insured by the company shall be a member, 
execufedwUhin and cach member shall be allowed one vote for each policy 
l^d"°corded on held by him. Members may vote by proxies dated and 
company's exccuted withiu six months, and returned and recorded on 
days previous the books of the Company at least three days previous to 
to meeting. ^^^^ meeting of the company at which the same are used ; 

but no person shall be allowed by proxy or otherwise to cast 

more than twenty votes, and no paid officer or agent shall 

vote as proxy for any absent member. 
Paid officer of j^q pa^i(j officcr or agent shall ask for, receive, procure to 

company not to , , *^. , ° . - l^ i- -.i 

receive or use bc obtaiiicd or usc any proxy vote in the corporation with 

under p'eYaUy.^ which he is connccted. Any officer or agent who violates 

the provisions of this act shall forfeit and pay a fine of not 



1872.— Chapter 231. 169 

less than one hundred dollars nor more than three hundred 
dollars. 

Section 2. Section forty- three of chapter fifty-eight of Repeal, 
the General Statutes is hereby repealed. 

Approved April 20, 1872. 
An Act to provide for the appointment op inspectors of QJidp^ 231 

PROVISIONS IN CITIES AND TOWNS. ' * 

Be it enacted, §'c., as folloios : 

Section 1. The mayor and aldermen of cities and the inspectors of 
selectmen of towns may annually appoint one or more per- appohited. ^ 
sons to be inspectors of provisions, who shall be sworn to 
faithfully discharge the duties of their office, and who shall 
receive such compensation as the city council of cities or 
the selectmen of towns shall determine. 

Section 2. Said inspectors shall have power to inspect May inspect aii 
all meats, fish, vegetables, produce and provisions of all broughunto 
kinds brought into said cities or towns, or exposed for sale forsaie."^^'^^*^ 
or kept with intent to sell therein ; and may for this pur- 
pose enter into all buildings where said meats, fish, vegeta- 
bles, produce or provisions are stored or exposed for sale. 
When sucli meat, fish, vegetables, produce or provisions are 
found on such inspection to be tainted, diseased, corrupted, Jo cause to be 

J I 11 c • J • J. destroyed, if 

decayed or unwholesome from any cause, said inspectors found unwhoie- 
shall seize the same and cause it to be destroyed or disposed ^°'^^' 
of otherwise than for food : provided, however, that if the 
owner of the property seized shall at the time of seizure 
notify said inspector in writing of his desire to appeal to the owner may 
board of health, said inspector shall cause said meat, fish, of health. °^^ 
vegetables, produce or provisions to be inspected by said 
board of health, or by a committee thereof consisting of not 
less than two members, and if said board or committee shall 
find the same to be tainted, diseased, corrupted or unwhole- 
some, they shall order the same to be destroyed or disposed 
of otherwise than for food. All moneys received by said 
inspector or board of health for property disposed of as 
aforesaid, shall, after deducting all expenses incurred by 
reason of said seizure, be paid to the owner thereof. 

Section 3. Said inspectors shall have power to inspect ^S ^®^\|?kiif *^ 
all veal brought into said cities or towns, or ofiered or under four 
exposed for sale or kept with intent to sell therein, and if slme'to b4 d'e^- 
said veal is in the judgment of the inspector that of a calf stroyed. 
killed under four weeks old, he shall seize the same and 
cause it to be destroyed or disposed of as provided in the 
preceding section, subject however to the same provisions 
concerning appeal and the disposal of moneys that are 
therein contained. 
22 



170 



1872.— Chapter 232. 



Search war- 
rants may be 
issued. 



Penalties for 
sale of un- 
wholesome 
food. 



Name and place 
of business of 
person whose 
property is con- 
demned, to be 
published in 
newspapers. 

Subject to adop- 
tion by cities 
and towns. 



Section 4. When complaint is made on oath to any 
poHce court or magistrate authorized to issue warrants in 
criminal cases, that the complainant believes that any tainted, 
diseased, corrupted, decayed or unwholesome meat, fish, 
vegetables, produce or provisions of any kind, or any veal 
of a calf killed under four weeks old, is kept or concealed 
in any particular house or place with the intent to sell or 
offer the same for sale, the court or magistrate, if satisfied 
there is reasonable cause for such belief, shall issue a war- 
rant to search for such articles, and all such warrants shall 
be directed and executed as provided in the third section of 
chapter one hundred and seventy of the General Statutes. 

Section 5. Whoever knowingly sells, or offers or ex- 
poses for sale, or has in his possession with intent to sell as 
articles of food, any,tainted, diseased, corrupted, decayed or 
unwholesome meat, fish, vegetables, produce or provisions of 
any kind whatever, shall be punished by imprisonment in 
jail not exceeding sixty days, or by fine not exceeding one 
hundred dollars. 

Section 6. The name and place of business of every 
person whose property shall be condemned under this act, 
or who shall be convicted of an offence under the previous 
section, shall be published in two newspapers published in 
the county. 

Section 7. This act shall not be in force in any city or 
town unless adopted by the city council of such city, or by 
the inhabitants of such town. Approved April 20, 1872. 



Chap. 232 

Two justices 
may have pow- 
ers of a full 
court in trials 
for murder. 



Exceptions &o., 
to be heard by 
a full court. 



An Act in relation to the trial of indictments for murder. 

Be it enacted, ^"c, as folloios : 

Section 1. Two or more justices of the supreme judi- 
cial court present at a jury term, whether the same shall be 
a stated or a special term, shall have and exercise the 
powers of a full court in the trial of indictments for the 
crime of murder. 

Section 2. Exceptions taken and questions of law 
reserved upon such trials shall be heard by a full court as 
in other cases ; and may be entered and determined either 
at the law term held for the county in which the questions 
arise, or upon the order of the justices before whom the 
trial is had at the law term of the court for the Common- 
wealth. 

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

Approved April 23, 1872. 



1872.— Chapter 233. 171 

Ak Act to establish the police couet of somerville. Chan. 233 

Be it enacted, Sfc, as follows : 

Section 1. A police court is hereby established in Horn- pouce court es- 
erville, under the name of the Police Court of Somerville ; lomfrvml? 
and said city shall constitute a judicial district, under the 
jurisdiction of said court. Said court shall have the same 
jurisdiction, power and authority, shall perform the same jurisdiction. 
duties, and be subject to the same regulations, as are pro- 
vided in respect to existing police courts, except the muni- 
cipal court of Boston and the municipal court of Wor- 
cester, by the one hundred and sixteenth chapter of 
the General Statutes, and by all general laws passed in 
amendment thereof, applicable to the several police courts 
of the Commonwealth ; 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, except those 
before mentioned, shall apply to the Police Court of Somer- 
ville. 

Section 2. Said court shall consist of one standing jus- one standing 
tice and two special justices, to be appointed, commissioned iplcTai justices^ 
and qualified, pursuant to the constitution and laws. 

Section 3. There shall be a clerk of said court, who cierktobeap- 
shall, in the first instance, be appointed and commissioned fiojd^offlcfuntii 
by the governor, and shall hold his office until a successor is ^i^ successor is 

C1IOS6II 

chosen and qualified, as is provided by law, in the case of 
clerks of police courts ; and all vacancies in said office, 
caused by removal or otherwise, shall be filled as is provided 
by law in like cases. 

Section 4, The standing iustice of said court shall salaries of jus- 

licgs 3.11(1 p.ip.ric 

receive an annual salary of twelve hundred dollars, to be 
paid from the treasury. The compensation of the special 
justices for duties performed by them shall be such as is 
provided by law in similar cases. The clerk of said court 
shall receive an annual salary of eight hundred dollars to 
be paid from the treasury. 

Section 5. The court shall be held in some suitable courts for crim- 
place, to be provided and furnished by and at the expense bufinesl''*^^' 
of Somerville, — for criminal business as often as is required 
by law in the case of police courts, and for civil business, 
once each week and oftener if said standing justice shall see 
fit. 

Section 6. All proceedings duly commenced before any Proceedings 
trial justice or justice of the peace for the county of Mid- for'eTrlai^us- ^ 



172 



1872.— Chapters 234, 235, 236. 



tices to be there fllooov 
determined tiieacA 



Extrajustice 
may issue war- 
rants. 



When to take 
effect. 



Chap. 234 



Any assess- 
ment due the 
treasury under 
1866 149, § 4, 
may be recov- 
ered in action 
brought in 
name of treas- 
urer. 



Chap. 235 



Smelts and 
pickerel may be 
taken iu Merri- 
mack River be- 
tween Oct. 1st 
and April 15th. 



Chap. 236 



Any person 
may build 
Wharf within 
the established 
harbor lines. 



within said district, before this act shall take full 
effect, shall be prosecuted and determined as if this act had 
not been passed. 

Section 7. Either of the justices of said court may issue 
warrants in all proper cases. No justice of the peace shall 
hereafter be allowed any fees for warrants issued within said 
district or elsewhere for offences committed in said district ; 
and all warrants so issued shall be made returnable before 
said court. 

Section 8. So far as the appointing, commissioning and 
qualifying the standing justice and special justices and the 
clerk of said court, are concerned, this act shall take effect 
upon its passage ; and it shall take full effect in sixty days 
from its passage. Approved April 23, 1872. 

An Act in relation to the collection of assessments for com- 
pensation FOR tide-water DISPLACED. 

Be it enacted, Sfc, as follows : 

Section 1. Any lawful assessment due and payable into 
the treasury of the Commonwealth that has been or shall 
hereafter be made under section four of chapter one hun- 
dred and forty-nine of the acts of the year eighteen hun- 
dred and sixty-six for compensation for tide-water displaced, 
may be recovered of the party assessed in an action of con- 
tract brought in the name of the treasurer and receiver-gen- 
eral, and the attorney-general shall institute and prosecute 
such actions. 

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

Approved April 23, 1872. 

An Act in relation to the taking of smelts and pickerel in 

merrimack river. 
Be it enacted, Sfc, as follows: 

Nothing contained in section twenty-one of chapter three 
hundred and eighty-four of the acts of the year eighteen 
hundred and sixty-nine, shall be construed to prevent the 
taking of smelts or pickerel or pickerel bait, in the Merri- 
mack River, between the first day of October and the fif- 
teenth day of April following. Approved April 23, 1872. 

An Act to regulate the building of wharves and other 

structures IN tide-waters. 
Be it enacted, ^c, as follows : 

Section 1. Any person may build or extend a wharf, or 
construct a pier, dam, sea-wall, road, bridge or other struc- 
ture, fill land or flats, or drive piles in or over tide-water 
below high-water mark, within the line of riparian owner- 
ship, on any shore, and within whatever harbor lines there 



1872.— Chapter 236. 173 

may be at the time established by law along such shore : 
provided, the license of the board of harbor commissioners Proviso, 
is first obtained in a manner provided by the fourth section 
of chapter one hundred and forty-nine of the acts of the 
year eighteen hundred and sixty- six. 

Section 2. The board of harbor commissioners may Harbor com- 
license any person to build or extend a wharf, construct a Siow°whar^8^ 
pier, dam, sea-wall, road, bridge or other structure, or fill ^^ ^^ extended. 
land or flats in or over tide-water, below high-water mark 
and beyond the line of riparian ownership, upon such terms 
as they prescribe : provided, however, that no such license Proviso, 
beyond the line of riparian ownership shall be valid unless 
approved by the governor and council; and provided, fur- -pron^o. 
iher, that no such license on any shore shall have any effect 
beyond such line of riparian ownership, except where a har- 
bor line has been established by law along such shore ; and 
no such license shall have effect beyond such harbor line, * 

except in relation to a structure authorized by law. outside 
such line. 

Section 3. Every license granted under this act, or Licenses grant- 
under the fourth section of chapter one hundred and forty- bymajoritfo/ 
nine of the acts of the year eighteen hundred and sixty-six, commissioners. 
shall be signed by a majority of the commissioners, and 
shall set forth the terms of the same, and specify by metes, 
bounds and otherwise, so as to identify and define, the loca- 
tion, dimensions, limits and mode of performing whatever is 
authorized by said license ; and said commissioners shall * 
cause a certified copy of the same, together with a correct copy of license 
plan of the authorized work or structure, to be recorded in to be recorded. 
books kept for that purpose in the office of said board. 
Before any license is granted, the board of harbor com- 
missioners shall notify the selectmen of the town or the selectmen to be 
mayor and aldermen of the city, as the case may be, within Hcen'le'\s'grant. 
the limits of which the work licensed is to be done, that ^^■ 
they may appear and be heard. 

Section 4, Licenses granted as herein provided shall be Licenses to be 
subject to the provisions of chapter one hundred and forty- Hgand^seaf^' 
nine of the acts of the year eighteen hundred and sixty-six, ^32. 
and chapter four hundred and thirty-two of the acts of the 
year eighteen hundred and sixty-nine, so far as applicable 
and not inconsistent with this act ; and every license here- 
after granted by said board shall be void, unless the same 
and the accompanying plan are recorded within one year 
from the date thereof, in the registry of deeds for the county 
or district within which the work licensed is to be performed. 



174 



1872.— Chapters 237, 238, 239. 



Chap. 237 



Amendment to 
G. S.88,§23. 



Melrose may 
issue $50,000 
additional 
water bonds. 



back*bay^iaud*s° ^^^ nothing Contained in this act shall be construed to apply 
to the back bay lands. 

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

Approved April 23, 1872. 

An Act to amend chapter eighty-eight of thb: general stat- 
utes, IN RELATION TO KEEPING INTELLIGENCE OFFICES WITHOUT A. 
LICENSE. 

Be it enacted, ^c, as follows : 

Section 1. Section twenty-three of chapter eighty-eight 
of the General Statutes is hereby amended by inserting after 
the word " employers," the words " or for the purpose of 
procuring or giving information concerning employment in 
business " 

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

Approved April 23, 1872. 

Chap. 238 -^ Act TO AUTHORIZE THE TOWN OF MELROSE TO ISSUE ADDITIONAL 

WATER BONDS. 

Be it enacted, ^c , as follows : 

Section 1. The town of Melrose may, for the purposes 
mentioned in the third section of chapter one hundred and 
sixty of the acts of the year eighteen hundred and seventy, 
issue bonds to an amount not exceeding fifty thousand dol- 
lars in addition to the amount therein authorized to be issued 
upon like terms and conditions and with like powers in all 
respects as are provided in said chapter for the issue of bonds 
of said town. 

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

Approved April 23, 1872. 

An Act to incorporate the columbus hotel company. 
Be it enacted, §'c., as follows: 

Section 1, Frank M. Blodgett, Calvin Swallow, William 
S Craibe, John H. Butler, their associates and successors, 
are hereby made a corporation by the name of the Columbus 
Hotel Company, for the purpose of erecting and maintaining 
a hotel to be called the Hotel Columbus, between Worcester 
and Springfield Streets, on Columbus Avenue in the city of 
Boston, with the buildings, appurtenances and improvements 
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 hereafter may be in 
force applicable to such corporations. 

Section 2. The capital stock of said corporation shall 
not exceed the sum of five hundred thousand dollars nor be 
less than three hundred thousand dollars, and shall be 
divided into shares of one hundred dollars each ; and said 



Chap. 239 



Corporators. 



Name and pur- 
pose. 



Powers and 
duties. 



Capital stock 
and shares. 



1872.— Chapters 240, 241. 175 

corporation may hold real and personal estate to the value Real and per. 
of five hundred thousand dollars, for the purpose mentioned 
in the first section hereof : provided, hoivever, that said cor- Provisos. 
poration shall not incur any liability until the sum of one 
hundred thousand dollars of its capital stock has been paid 
in in cash ; and provided, further, that said corporation shall 
not carry on the business of keeping a hotel or boarding 
house, or be in any way interested in such business. 
Section 3. This act shall take effect upon its passage. 

Approved April 23, 1872. 

An Act to authorize the erection of a wooden building /^a^*, 94.0' 
within the building limits of the city of boston for the '^'^^jt * '^*" 

purposes of a musical festival. 

Be it enacted, SfX., as follows : 

Section 1. Alexander H. Rice, Eben D. Jordan, George p. s.Giimore 
H. Davis, Patrick S. Gilmore, their associates and successors, fhori^d to^"^' 
may erect a wooden building within the building limits of the buliding^n'sos- 
city of Boston, as established under the provisions of chap- ton for Voiding 
ter two hundred and eighty of the acts of the year eighteen vai. 
hundred and seventy-one, for the purpose of holding therein 
a musical festival, said building to be erected under such 
limitations and restrictions as the city council of said city 
may direct. 

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

^ Approved April 23, 1872. 

An Act to incorporate the east boston tunnel company. Chap. 241 
Be it enacted, §'c., as folloivs : 

Section 1. Albert Bowker, Silas Peirce, Edward F. corporators. 
Hodges, Francis E. Faxon, their associates and successors, 
are hereby made a corporation by the name of the East Name and pur- 
Boston Tunnel Company, to be established in the city of p°''*'" 
Boston ;* with all the powers and privileges, and subject to all ?°^*^^^ ^^^ 
the duties, restrictions and liabilities set forth in all general 
laws which now are or hereafter may be in force relating to 
such corporations. 

' Section 2. The said corporation is hereby empowered to May construct 
dredge and excavate, and to construct, own and maintain a tun"neTbetween 
submerged or submarine tunnel, between Boston proper and |°gi°^ 'Y*^ 
East Boston, suitable for public travel with teams, carriages 
and street railway cars, and with such termini, and by such 
a course, as shall be approved by the harbor commissioners 
in the manner hereinafter provided ; and for that purpose 
may purchase or take and hold such land or real estate, at 
either terminus, as may be necessary for convenient ap- 
proaches to said tunnel, and for toll-houses, stations and 
other proper purposes. 



176 



1872.— Chapter 241. 



Capital stock 
and shares. 



Surveys etc , 
may be made 
after the whole 
capital has been 
subscribed and 
three per cent, 
paid in. 



Plan of opera- 
tions to be ap- 
E roved by har- 
or commis- 
sioners before 
beginning to 
dredge or exca- 
vate. 



Damages for 
taking land. 



Tolls may be 
demanded for 
passing through 
the tunnel. 



Section 3. The capital stock of said corporation shall 
not exceed one million dollars, and shall be divided into 
shares of the par value of one hundred dollars each. 

Section 4. When the whole amount of the capital stock 
fixed by the corporation shall have been subscribed, and 
three per centum thereof paid in according to law, said cor- 
poration may proceed to make all the surveys and exam- 
inations necessary to determine the practicability of and the 
best method for the construction of said tunnel, and in 
making such surveys and examinations may enter upon any 
land or real estate without being guilty of trespass ; and 
may also obtain the proper congressional legislation, and take 
all the other preliminary steps to carry out the main pur- 
pose of this act. But said corporation shall not begin to 
dredge or excavate for said tunnel otherwise than to bore or 
dredge experimentally as the harbor commissioners may 
approve, nor take any land or real estate nor acquire any 
rights of way under the provisions of this act until at least 
one hundred thousand dollars of the subscription to said 
capital stock shall have been paid in as aforesaid. 

Section 5. Said corporation, before beginning to dredge 
or excavate, and before taking any land or real estate or 
acquiring any rights of way as aforesaid, shall present to 
said harbor commissioners, in writing, the general plan upon 
which it shall be proposed to construct said tunnel, and its 
course and termini, with all the necessary drawings and 
data to enable said commissio'iers properly to consider the 
same ; and sliall obtain the approval of said commissioners 
thereof in writing, and file the same with a copy of the 
plan so approved in the office of the secretary of the Com- 
monwealth. 

Section 6. When any land or real estate shall be taken un- 
der the provisions of this act, said corporation shall pay all the 
damages occasioned thereby, and shall proceed in the taking 
thereof and said damages shall be determined and recovered 
in the same manner as is provided in the sixty-third chapter 
of the General Statutes in respect to land and real estate 
taken by railroad corporations for making or securing their 
roads, and for depot and station purposes ; or in such other 
manner as may be hereafter provided by the legislature, by 
an amendment to this act. 

Section 7. Said corporation shall have the right to 
demand and receive from all persons and parties passing 
through or using said tunnel, such tolls as may from time to 
time be fixed by the directors, and of which public notice 
shall have been given upon conspicuous tablets set up at the 



1872.— -Chapters 242, 243. 177 

termini: provided, however, that the rates of toll shall not Rates of ton. 
for foot passengers, and for one, two, three and four horse 
teams and carriages, exceed the average rates upon the ferry- 
formerly of the East Boston Ferry Company, for the five 
years ending January first in the year eighteen hundred and 
seventy-two; and provided, further, that the legislature may 
at any time regulate and fix the rates of toll within such 
limits as not to reduce the yearly net income of said corpo- 
ration at such time below eight per cent, on the actual cost 
to said corporation of said tunnel and its appurtenances. 

Section 8. No land or real estate occupied by the exist- f ^"'^ occupied 

p. 1111 1-1 • by femes not to 

mg East Boston ferries shall be taken by said corporation be taken with- 
under the provisions of this act, except with the consent of ^[j^*'""*^'^* ° 
the city of Boston. 

And the city oL Boston is hereby authorized at any time 
after said tunnel is constructed, and within five years there- 
from, to purchase of said corporation the said tunnel and its 
appurtenances, at their cost to said corporation at the time 
of purchase, with ten per cent, interest on said cost, less the 
net profits of said corporation from tolls or otherwise. And 
if said city and said corporation cannot agree upon the 
amount of said cost, and of said net profits, the same shall 
be ascertained and determined by the supreme judicial court 
upon the petition of said city, and after due notice and 
hearing, with costs at the discretion of the court. 

Approved April 23, 1872. 

An Act in relation to the assessment of bettekmehts in Qhavt 242 

i30STON. ■* ' 

Be it enacted, §'c., as follows: 

Section 1. The board of street commissioners of the street commis- 
city of Boston may assess betterments on estates abutting toTmly'^L^ess 
on streets laid out, extended or widened, in said city, under estate" abut-*'" 
the provisions of chapter four hundred and forty-eight of ting on streets 
the acts of the year eighteen hundred and sixty-nine, chap- u"nde°r"i8C9,*448, 
ter seventy-nine of the acts of the year eighteen hundred ls7i' 96.' ^"*^ 
and seventy, and chapter ninety-six of the acts of the year 
eighteen hundred and seventy-one, within one year from 
the time when the streets so laid out, widened or extended, 
are graded and opened to public travel. 

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

Approved April 23, 1872. 

An Act for the prevention of fire in cities and towns. Chci'D. 243 
Be it enacted, Sfc, as follows: 

Section 1. Cities and towns may, by ordinances and by- Towns may 
laws not repugnant to the laws of the Commonwealth, pre- cofistr^tUn of 

23 buildings. 



178 



1872.— Chapter 244. 



By-laws to be 
in operation 
upon the whole 
or part of town. 



S. J. C. may 
issue injunction 
to restrain erec- 
tion etc., of 
building con- 
trary to by-law. 



Subject to 
adoption by 
cities and 
towns. 

Not to apply to 
Boston. 



Chap 



Corporation 
may be formed 
for erection of 
hotels and pub- 
lic halls. 



scribe rules and regulations for the inspection, materials, 
construction, alteration and safe use of buildings and struc- 
tures within their respective limits not owned or occupied by 
the United States or the Commonwealth, and excepting 
bridges, quays and wharves, for the purpose of securing 
the prevention of fire and the preservation of life ; and may 
prescribe penalties, not exceeding one hundred dollars, for 
each and every violation of any provision of such ordinances 
or by-laws. 

Section 2. Such ordinan,ces and by-laws may be made 
operative upon and within the whole territory^ of any city or 
town, or upon and within any prescribed and defined dis- 
trict or districts of such territory. 

Section 3. The supreme judicial court, or any justice 
thereof, in term time or vacation, may,^ by injunction or 
other suitable process in equity, restrain any person or 
corporation from constructing, altering, maintaining' or 
using any building or structure contrary to or in violation 
of any lawful ordinance or by-law made under or by virtue 
of this act, and may order and enforce the removal, or 
abatement as a nuisance, of any building or structure con- 
structed, altered, maintained or used in violation of such 
ordinance or by-law. 

Section 4. This act shall not be in force in any city or 
town unless the city council or the inhabitants of the town 
shall, by legal vote, decide to adopt the same, and it shall 
not apply to the city of Boston. 

Seotion 6. This act shall take effect upon its passage. 

Approved April 23, 1872. 
. 244 -A-N Act to extend an act concerning manufacturing and 

OTHER CORPORATIONS TO HOTELS AND PUBLIC HALLS. 

Be it enacted, Sfc, as follows : 

Section 1. The provisions of chapter two hundred and 
twenty-four of the acts of the year eighteen hundred and 
seventy are hereby extended to include and apply to any 
three or more persons who shall associate themselves together 
by an agreement in writing, with the intention of constitut- 
ing a corporation for the purposes of erecting and maintain- 
ing a hotel or for the purposes of erecting and maintaining 
a public hall, with a capital of not less than five thousand 
nor more than five hundred thousand dollars : provided, 
that nothing herein contained shall authorize any such cor- 
poration to engage in the business of keeping a hotel. 

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

Approved April 24, 1872. 



1872.— Chapters 245, 246, 247, 248. 179 

An Act in addition to an act to levy taxes on certain insur- QJidn O45 

ANCE companies AND ON DEPOSITS IN SAVINGS BANKS. ^ 

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

Section 1. Insurance companies which are subject to the certain insur- 

• • r 1 J I ITT n-iiii r>jLi ance companies 

provisions 01 chapter two hundred and eighty-three 01 the notrequiredto 
acts of the year eighteen hundred and sixty-five, shall not j^^iy^'axesunder 
be required to make returns or pay taxes under the pro- is62, 221, §§ 1, e. 
visions of the first and sixth sections of chapter two hun- 
dred and twenty-four of the acts of the year eighteen hundred 
and sixty-two. 

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

Ajmroved April 24, 1872. 

An Act in relation to betterments. Chan. 246 

Be it enacted, §'c., as folloios: 

Any assessment upon real estate, for the benefit and Assessments 
advantage thereto, from the laying out, altering, widening, fo^rTenerments*, 
grading or continuing any way, made prior to the twenty- "Jar/tymaV"^^ 
sixth day of May in the year one thousand eight hundred ^'^ re-assessed. 
and seventy-one, which is invalid by reason of any error or 
irregularity in the assessment, and which has not been paid, 
or which has been paid and recovered back, may be re-as- 
sessed by the board qualified to make such assessment, to 
the amount for which the original assessment ouglit to have 
been made, and the same shall be a lien upon the estate so 
assessed, and be collected in the same manner as re-assessed 
taxes are collected. Approved April 24, 1872. 

An Act to establish the salary of the treasurer (\p hampden r'li^'n 0A.1 

COUNTY. ^fiap. ^t « 

Be it enacted, i^fc, as follows : 

Section 1. The annual salary of the treasurer of the salary estab- 
county of Hampden shall be fifteen hundred dollars from ay^elfr.''* ^^'^^^ 
and after the first day of April in the year eighteen hundred 
and seventy-two. 

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

Approved April 24, 1872. 

An Act to protect the fisheries in the town of edgartown. f^hfjn^ 24S 
Be it enacted, t5"c., as follotos : ^' 

Section 1. No person shall set, draw or stretch any seines omets 
seine or net of any kind in any of the creeks, bays or inlets between*" Mar1;b.. 
of the Great Pond, Sengekontacket Pond, east of Nathan's i. andoct. i. 
Island, Katama Bay, or in the harbor of Edgartown, south 
of Chappequiddick Point, in said town, between the first 
day of March and the first day of October in each year; 
nor shall any person not an inhabitant of said town at any 
time set, drag or stretch any seine or net in any of the 



180 1872.— Chapter 249. 

ponds or creeks of said town or outlets thereof. The sein- 
ing of menhaden and mackerel is exempted from "this act. 
This act shall be void as to Great Pond, if it shall appear 
that no sufficient creek is kept open and maintained from 
said pond to the sea; and it shall be. void as to Trap's Pond 
if it shall appear that no such creek is kept open and main- 
tained from said pond to the sea. 

Penalty. SECTION 2. Any pcrsou violating any provision of this 

act shall be liable to a fine not exceeding three hundred 
dollars for each offence. 

Kepeai. SECTION 3. Chapter two hundred and eighty-five of the 

acts of the year eighteen hundred and fifty-six is hereby 
repealed. Approved April 24, 1872. 

Chat). 249 -^^ ^^^ '^^ unite the city of HAVERHILL AND THE TOWN OF 
"* BRADFORD. 

Be it enacted, §'c., as follows : 
,nex^°tomi". Section 1. All the territory now comprised within the 
verhui. limits of Bradford, with the inhabitants and estates therein, 

is hereby annexed to and made a part of the city of Haver- 
hill, subject to the same municipal regulations, obligations 
and liabilities, and entitled to the same immunities in all 
respects as the said city of Haverhill : provided^ however, 
that until legally changed, said territory shall continue to 
be, for the purpose of electing a senator, part of the fourth 
Essex senatorial district ; all the duties now required by law 
to be performed by the selectmen, and town clerk of Bradford 
or either of them, pertaining to the election of representa- 
tives in congress, state councillors, senators and members of 
the house of representatives, shall in like manner devolve 
upon the board of aldermen and city clerk of Haverhill. 
to be vlJtediu^ Section 2. All the public property of Bradford shall be 
Haverhill. vestcd ill and is hereby declared to be the property of the 
city of Haverhill, and said city shall succeed to all the 
rights, claims, causes of actions, rights to uncollected taxes, 
liens, uses, trusts, duties, privileges and immunities of the 
town of Bradford. 
lo^Tc^ounf to^"^ The town treasurer of Bradford shall, immediately after 
of HaveXu for *^^^ publication of the certificate of the secretary of the 
moneys, etc. Commonwealth as hereinafter provided, uudcr the direction 
of the selectmen of said Bradford, who shall for this pur- 
pose and all other purposes necessary to carry into full effect 
the provisions of this act, continue to hold their offices, 
transfer, deliver, pay and account for, to the city treasurer 
of Haverhill, all books, papers, moneys and other property 
in his possession as town treasurer of Bradford, when this 
act shall take effect ; and the city of Havjerhill shall become 



1872.— Chapter 249. 181 

liable for, and subject to all the debts, obligations, duties, 
responsibilities and liabilities of the town of Bradford. All A^tjons^o.sjjr- 
actions and causes of actions which shall be pending or Bradford is a 
which shall have accrued at the time this act shall take p*^""'^' 
effect, in behalf of or against the town of Bradford, shall 
survive and may be prosecuted to final judgment and exe- 
cution in behalf of or against the city of Haverhill. 

Section 3. This act shall not take full effect unless subject to ac- 
accepted by a majority of the legal voters of Bradford, mljo^rltyof 
present and voting thereon by ballot at a meeting which jfltupracel."^ 
shall be held in said town, and also by a majority of the 
legal voters of the city of Haverhill, present and voting 
thereon by ballot, at a meeting which shall be held in said 
city. 

The vote in Bradford may be taken at a legal town meet- 
ing, upon notice thereof duly given at least seven days before 
the time of meeting, called and held at any time after and 
within one year from the approval of this act, and the 
meeting in Haverhill shall be called and held as soon as 
may be, with due notice at any time after said acceptance 
by the voters of Bradford. The ballots given in shall be 
assorted, counted and declared in the usual manner adopted 
for voting in Haverhill, and shall be registered in the city 
records. And in the town of Bradford the ballots given in 
shall be assorted, counted and declared in open town meet- 
ing, and shall be recorded upon the records of the town. 

It shall be the duty of the clerk of the city of Haverhill cityeierkof 
to certify, as soon as may be, the ballots cast in that city, certify to the 
and the number of ballots cast in favor of this act and the SS-""^^ 
number cast asrainst said acceptance in said city, to the wealth the 

o f J ^ result. 

secretary oi the Commonwealth. 

The clerk of the town of Bradford shall as soon as may Town cierk of 
be, make a like return of the ballots cast in said town, and J|[ytoYhVfecrI- 
the number of ballots cast in favor of accepting this act and tary the result. 
the number of ballots against said acceptance in said town 
to the secretary of the Commonwealth, and if it shall appear 
that the majority of the votes cast in Haverhill, and a major- 
ity of the votes cast in Bradford, respectively, is in favor of 
accepting this act the secretary shall immediately issue and 
publish his certificate declaring this act to have been duly 
accepted. 

Section 4. So much of this act as authorizes and directs when this act 
the submission of this question of acceptance to the legal 
voters of said city and town, respectively, and the other pro- 
ceedings named and provided in the third section of this act, 
shall take effect upon its passage, but for all other purposes 



182 



1872.— Chapter 250. 



Seventh ward 
of Haverhill. 

Amendment to 
city charter. 



If balloting is 
declared void 



it shall take effect immediately upon the publication of the 
certificate of the secretary of the Commonwealth, as pro- 
vided for in said third section. 

Section 5. The territory hereto annexed to the city of 
Haverhill, shall constitute the seventh ward of said city. 

Section 6. If this act shall be accepted as herein pro- 
vided, the act establishing the city of Haverhill, approved 
the tenth day of March in the year eighteen hundred and 
sixty-nine, shall be and hereby is so amended as to give full 
force and effect to this act. 

Section T. If the election or balloting upon the question 
hys.j.c. new of the acccptance of this act by either said city or said town, 
be^had"^ '^^^ shall withiu two months thereafter be declared void by the 
supreme judicial court upon summary proceedings, which 
may be had in any county, upon the petition of fifty voters 
of either of said city or said town, the question of accepting 
said act shall again be submitted to the legal voters of said 
city or town, and a meeting therefor shall within thirty days 
thereafter be called, held, conducted, and the votes returned 
and other proceedings had thereon in like manner as herein 
before provided. But no election or balloting shall be held 
void for informality in calling, holding or conducting the 
election or returning the votes or otherwise, except upon 
proceedings instituted therefor and determined within sixty 
days thereafter as aforesaid. Approved April 24, 1872. 

Chap. 250 -^^ -^^^ "^^ PROVIDE FOR THE LAYING OUT OF A PUBLIC COMMON IN 
■^' THE TOWN OF MATTAPOISETT. 

Be it enacted, §'c., as follows: 

Section 1. The selectmen of the town of Mattapoisett 
shall have power, in behalf of said town, from time to time 
to take and hold, by purchase or otherwise all or any part 
or parts of a certain tract of land situated in said town 
lying between the main street and the bay, or low-water 
mark, bounded easterly by land of Atkinson and westerly 
on the line of the land of Lobdell extended to the sea, 
including any wharves in front of said land. The land so 
held shall be laid out, improved, kept open and used as a 
public common for the benefit of the inhabitants, and no 
buildings except for ornamental purposes shall be erected 
tliereon, except as provided in the second section of this act. 

Section 2. Said selectmen shall have the care, improve- 
ment and ornamentation of said common, and shall have 
power to make all proper regulations in respect to the use 
of said common, and for breach of such regulations, to 
affix penalties not exceeding twenty dollars for one offence, 



Mattapoisett 
may improve 
land as public 
common. 



Selectmen to 
have the care 
and improve- 
ment of the 
grounds. 



1872.— Chapter 250. 183 

which penalties may be recovered by said selectmen or either 
of them to the use of the town on complaint before a justice 
of the peace ; to allow the erection and maintaining of 
bathing houses and boat-houses on said land, to control the May aiiow erec- 

• !• JIT o ^ 1. li-xi tion of bathing 

moonng, anchoring and landmg oi boats on so much ot the houses. 
shore as shall be within the limits of said common ; to col- 
lect and receive all profits arising from such use of said land 
and shore, such profits to be used for the improvement of 
said common so far as said selectmen shall deem it neces- 
sary and generally to do all needful acts for the proper ex- 
ecution of the powers and duties granted to or imposed upon 
them by this act. 

Sections. Said selectmen shall within sixty days after To eie descrip- 
the taking of any of said land under this act, file in the registry of 
registry of deeds for the county of Plymouth, a description si^moTtils.^ 
thereof sufficiently accurate for identifying the same. 

Section 4. Said selectmen shall estimate and determine To estimate 
all damages sustained by any persons by the taking of said ^^^^es. 
land, or other acts of said selectmen in the execution of the 
powers vested in them by this act, and the damages for land 
taken shall be fixed at the value thereof before such taking ; 
but any person aggrieved by any such determination of said Parties ag- 
selectmen may have his damages assessed by a jury in the havlaj^yf 
same manner as is provided by law with respect to damages 
sustained by reason of the laying out of town ways. 

Section 5. The town of Mattapoisett shall be liable to Mattapoisett to 
pay all damages assessed or determined as provided in the FoTiandtakei!* 
preceding section, and all other costs and expenses incurred 
by said selectmen in the execution of the powers vested in 
them by this act. 

Section 6. Any real estate in said town which, in the if any real 
opinion of the selectmen shall receive any benefit and advan- aVcn^efltlfmay 
tage from the laying out of any of the land described in Reassessed. 
the first section of this act as a public common, beyond the 
general advantages to all real estate in the town may be 
assessed and the assessments be collected by said selectmen 
in the manner provided by law by an act of the legislature 
entitled An Act in relation to betterments, chapter three 
hundred and eighty-two of the acts of the year eighteen 
hundred and seventy-one, and all the rights and remedies of 
the town and of the parties whose real estate may be 
assessed shall be determined by the provisions of said act. 

Section 7. The town of Mattapoisett is hereby author- Town may bor- 
ized to raise by borrowing from time to time such sums of row money. 
money as may be necessary for the purpose of defraying 
the expense incurred by the selectmen in carrying out the 
provisions of this act. 



184 



1872.— Chapters 251, 252. 



Subject to ac- 
ceptance by 
legal voters. 



Chap, 251 



City council 
may lay out 
street across 
lunatic hospi- 
tal lands in 
Worcester. 



Section 8. This act shall not take effect until accepted 
by a majority of the legal voters of the town of Mattapoi- 
sett, present and voting thereon at a legal meeting duly 
called for that purpose upon the application of twenty or 
more legal voters of said town. Approved April 24, 1872. 

An Act to authorize the city of Worcester to lay out a 

STREET over LAND OF THE WORCESTER LUNATIC HOSPITAL. 

Be it enacted, Ifc, as folloios : 

Section 1. The city council of the city of "Worcester 
may lay out and construct a public street of a width not 
exceeding one hundred feet, extending northerly from 
Shrewsbury street over land of the "Worcester lunatic hos- 
pital situated on the westerly shore of Lake Quinsigamond 
in said city ; the location of said new street shall be within 
five hundred feet of said lake, and the location and con- 
struction thereof shall be subject to the approval of the gov- 
ernor and council. 

Claims for damages on account of the location and 
construction thereof shall exist as in the case of laying out 
of highways over lands of individuals, and the same shall 
be settled in the manner now provided by law in such cases. 

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

Approved April 24, 1872. 

ChciV) 252 "^^ ^^^ '^^ INCORPORATE THE TRUSTEES OF THE SCOTTISH RITE OF 
-» * FREEMASONRY. 

Be it enacted, ^-c, as follows : 
Corporators. SECTION 1. "William S. Gardner, Charles Levi Woodbury, 

Charles W. Moore, Nathaniel B. Shurtleff and Samuel C. 
Lawrence, their successors, are hereby made a corpora- 
Name and pur- tion by the name of the trustees of the Supreme Council 
of the ancient and accepted Scottish Rite of Freema- 
sonry, and said trustees shall from time to time, as they 
may by their by-laws prescribe, elect a president, a secretary 
and such other officers of said corporation as they may 
judge necessary, and prescribe the tenure and duties of said 
officers, and fill by election all vacancies in said board of 
trustees as they may occur. 

Section 2. Said trustees may receive, manage and con- 
vey such real and personal estate, not exceeding in all one 
hundred thousand dollars, as may be deposited with them 
by or for the supreme council of the ancient and accepted 
Scottish rite for the northern jurisdiction of the United 
States, to such uses as said council may appoint, and shall 
report their doings to such supreme council and submit 
their accounts and records to the inspection of said council. 



pose. 



Trustees may 
receive and 
manage real 
and personal 
estate not ex- 
ceeding 
f 100,000. 



1872.— Chapter 253. 185 

They may also receive and execute the trust of gifts and 
devises made to them for specific charitable objects of relief 
of aged, sick or decayed members of any of the associations 
or degrees of that rite depending on said supreme council, 
or for the relief of poor widows and orphans of members of 
any degree of said rite, whether said trusts are to be per- 
formed and executed in this or any other state of the United 
States where said rite is practised. 

Section 3. Said corporation shall be located at Boston, corporation to 

... , ' 1 /> ii • 1 M be located in 

Active or honorary members oi the said supreme council Boston, 
only shall be eligible to be appointed or act as trustees, and 
a majority of said trustees shall be residents of this state, 
and the annual meetings, all meetings to make by-laws, and 
elections, shall be held in this state, but special meetings 
may be held in any state where the said supreme council 
lawfully may sit. No trustee shall hire or use any portion Trustees not to 
of funds entrusted to said boards or be surety for loans corpwation"^ 
thereof to others. Said trustees shall be subject to the ti°s fm-Yoans to 
duties and liabilities and shall have the powers and priv- others. 
ileges set forth in all general laws which now are or here- 
after may be in force applicable to such corporations. 4 

Approved April 24, 1872, 

An Act to incorporate the chelsea odd fellows' hall asso- QJinn 253 

CIATION. ^' 

Be it enacted, §'c., as folloivs : 

Section 1. William R, Pearmain, James Marble, "William corporators, 
E. Donnell, Elijah Endicott, Cliarles E. Perkins, Edward A. 
Williams, their associates and successors, are hereby made a 
corporation by the name of the Chelsea Odd Fellows' Hall Name and pur- 
Association, for the purpose of purchasing or erecting a ^°^^' 
building in the city of Clielsea, and maintaining the same 
for the purposes of an Odd Fellows' hall, and for any other 
lawful purpose ; with all the powers and privileges, and sub- Powers and 
ject 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 capital stock 
not exceed seventy-five thousand dollars, divided into shares ^^ 
of twenty-five dollars each, and said corporation may hold 
for the purposes aforesaid, real and personal estate not 
exceeding the amount of the capital stock : provided, that Proviso, 
said corporation shall incur no liability until fifteen thousand 
dollars of its capital stock has been paid in in cash. 

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

Approved April 24, 1872. 

24 



186 1872.— Chapters 254, 255. 

Chap. 254 ^^ -^^T to authorize the city of SPRINGFIELD TO SUBSCRIBE FOR 
AND HOLD SHARES IN THE CAPITAL STOCK OF THE ATHOL AND 
ENFIELD RAILROAD COMPANY. 

Be it enacted, ^x., as follows : 

tifkeTtock'in''^ Section 1. The city of Springfield may subscribe for and 
EnfitwR'T^ hold shares in the capital stock of the Athol and Enfield 
Railroad Company to the amount of three hundred thousand 
dollars, such subscription to be on the condition that the 
proceeds thereof shall be used in the extension of the rail- 
road of said company to said city ; and said city may pay for 
May raise sucli sliarcs out of its treasury and raise by loan upon bonds, 
™r°ux. ^'^ ^"^"^ tax or otherwise, any or all sums of money which may be 
necessary to pay for the same, and hold and dispose of the 
Proviso, same like other city property : provided, that three-fifths of 

the legal voters of said city who may be present and voting 
thereon shall vote so to do at a legal meeting called in their 
several ward rooms for that purpose by the mayor and alder- 
men of said city within sixty days fi'om the passage of this 
act, at which meeting the check list shall be used. 
Meeting of legal SECTION 2, The mayor and aldermen of said city are 

voters to be , .-,.,.•',. , „ r-i- 

called to deter- hereby required, within tlurty days from the passage ot this 
mae e que^- ^^^^ ^^ ^^j^ ^ meeting of the legal voters of said city, to be 
held in their several ward rooms within sixty days from the 
passage of this act, for the purposes named in the foregoing 
section and to authorize the mayor of said city to subscribe 
for said stock upon the books of said company. 
Mayor to sub- SECTION 3. In casc Said city shall vote under this act to 

scriDG lor stocK 

if authorized ' subscribe for shares in the capital stock of said company the 
7 1 e city. mayor of said city may subscribe therefor as provided in the 

first section of this act. 
Suitable person SECTION 4. In casc Said city shall become a stockholder 

to DG GlGCtGCl bv *^ 

mayor and ai- in Said Company the mayor and aldermen are hereby author- 
present citytt ized and required to elect annually a suitable person to 
m)rat^n°^ *'°' represent the stock of said city at all meetings of said com- 
pany, and said city so represented may vote on the whole 
amount of the stock held by the city, anything in the sixty- 
third chapter of the General Statutes to the contrary not- 
withstanding. 
Section 6. This act shall take effect upon its passage. 

Approved April 24, 1872. 

Chap. 255 ■A.N act in addition TO AN ACT TO INCORPORATE THE TRUSTEES OP 
THE NEW ENGLAND CONFERENCE OF THE METHODIST EPISCOPAL 
CHURCH. 

Be it enacted, Sfc., as follows: 

fonlxfitii^,' Section 1. The Trustees of the New England Conference 
$500,000. ' of the Methodist Episcopal Church are hereby authorized 



1872.— Chapter 256. 187 

and empowered to purchase, receive and hold by gift, grant, 
devise or otherwise, any real or personal estate to an amount 
not exceeding five hundred thousand dollars. 

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

Approved April 24, 1872. ^ 

An Act to provide a further supply of water for the city of (JJidj)^ 256 

LYNN. "' 

Be it enacted, S^'c, as folloics : 

Section 1. The city of Lynn, for the purpose of sup- Lynn may mke 
plying the inhabitants thereof with pure water, may take, pfa^p^onT. 
hold and convey through said city, the waters of Flax Pond, 
in said city of Lynn, and the waters which flow into and 
from the same, and any water rights connected therewith ; 
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 lands as may be necessary for erecting 
and maintaining dams and reservoirs, and for laying and 
maintaining conduits, pipes, drains and other works for 
collecting, conducting and distributing said waters through 
the city. 

Section 2. The mayor of said city of Lynn shall, within Description of 
sixty days after taking any of the land aforesaid, file in the jn^egrsu-yof "^ 
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 Aqueducts may 
build aqueducts from said Flax Pond, and maintain the foun"aL'*s"^nd 
same by any works suitable therefor ; may provide and Ij^'^^g^"^*^ ^**^^' 
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 
9ams 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 the 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 persons or corporation by taking any land, ''™'*s^^' 
water, water rights or property, or by the constructing of 
any aqueduct, reservoir, or other works for the purposes 



188 1872.— Chapter 256. 

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 

T land taken for highways. 

saugus and SECTION 5. Said city of Lynn may with the written con- 

m^ybesuppiied scut of the Selectmen of the towns of Saugus or Swamp- 
on*t^erra^s'tobe scott Supply the said towns of Saugus and Swampscott or 
agreed upon, either of them witli watcr, upou such terms and conditions 
as shall be agreed upon by and between the city council of 
said city and the selectmen of said towns, and for that pur- 
pose extend its pipes into said towns or either of them, and 
with such consent dig up and open any street or way in said 
towns or either of them, for the placing of such pipes and 
aqueducts as may be necessary for such purpose and of 
repairing the same ; and may do such other acts and things 
as may be necessary for the purposes of this section, 
plf^e^rs^may be SECTION 6. The rights, powcrs and privileges hereby 
delegated to granted, may be exercised by such officers, agents and ser- 
^^^^ *■ vants as such city may select or employ, who shall be sub- 

ject to such ordinances, rules and regulations as the city 
council may establish, and the mayor shall be eligible to such 
office. 
Penalty for SECTION 7. If any person shall use any of the said water 

o/rende1-ingi7 without the couscnt of said city, or shall wantonly or mali- 
impure. ciously divert the water, or any part thereof, of any of the 

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 
authority 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 action of tort, and on 
conviction of either of the wanton or malicious acts afore- 
said, may also be punished by fine not exceeding three hun- 
dred dollars, or by imprisonment in jail not exceeding one 
year. 
Act void unless SECTION 8. This act shall take effect from and after its 

waters are tak- , i ,i •. •^ n • j •, n t j 

en within one acccptauce by the City council 01 said city or Lynn; and 
^^^'"* shall become void unless said city sliall enter upon and take 

the waters of said pond as above provided, within one year 
from tlie passage of this act. Approved April 24, 1872. 



1872.— Chapters 257, 258, 259. 



189 



Chap. 257 



Heal and per- 
sonal estate not 
exceeding 

$300,000. 



Chap. 258 



An Act to amend the charter of the trustees of the Worces- 
ter ACADEMY IN WORCESTER. 

Be it enacted, ^'c, as follows : 

Section 1. The trustees of the Worcester Academy in 
Worcester, may hold real and personal estate for the pur- 
poses named in their act of incorporation, to an amount 
not exceeding in all three hundred thousand dollars in 
value. 

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

Approved April 24, 1872. 

An Act to change the name of the German united evangelical 

lutheran and reformed society, and to allow said society 

to hold real and personal estate. 
Be it enacted, ^'c, as follows : • 

Section 1. The name of the German United Evangelical Name changed. 
Lutheran and Reformed Society is hereby changed to " The 
German Reformed Church Society," retaining a}l the powers 
and privileges conferred by the original act of incorporation. 

Section 2. Said society may purchase, receive and hold 
by gift, grant, devise or otherwise, property, real and per- 
sonal, to an amount not exceeding one hundred thousand 
dollars. 

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

Approved April 24, 1872. 

An Act to establish the tolls and estates of the several 
cities and towns in the commonwealth. 

Be it enacted, ^'c, as follows : 

Section 1. The number of polls, the amount of property, 
and the tax of one thousand dollars, including polls at half 
a mill each, for each city and town in the several counties of 
the Commonwealth, as contained in the schedule hereto 
annexed, are hereby established, and shall constitute a basis 
of apportionment for state and county taxes during the 
decade ending in the year eighteen hundred and eighty- 
two, unless otherwise provided by the legislature, to wit : — 



Real and per- 
sonal estate. 



Chap. 259 



Basis establish- 
ed for appor- 
tionment of 
state and coun- 
ty taxes. 



BARNSTABLE COUNTY. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, In- 
cluding rolls at 
half a n^ill each. 


Barnstable, .... 
Brewster, .... 
Chatham, .... 
Dennis, .... 


1,138 
295 
613 

829 


$2,880,361 14 

800,893 33 

1,025,358 39. 

1,521,982 74 


$2 09 

57 

85 

1 22 



Barnstable 
county. 



190 



1872.— Chapter 259. 



BARNSTABLE COUNTY— Concluded. 











Tax of $1,000, in- 




TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 




Eastham, .... 


178 


•1233,874 22 


$0 21 




Falmouth," . 




650 


1,293,695 74 


1 01 




Harwich, 




827 


1,083,774 41 


99 




Mashpee, 




69 


94,845 87 


08 




Orleans, 




404 


568,979 20 


50 




Provincetown, 




1,056 


2,102,071 83 


1 64 




Sandwich, . 




810 


1,444,517 43 


1 17 




Truro, . 




347 


298,893 69 


33 




Wellfleet, . 




583 


855,929 09 


74 




Yarmouth, . 




579 


1,610,171 50 


1 14 




Total, .... 


8,378 


$15,815,348 58 


$12 54 




BERKSHIRE COUNTY. 




Berkshire 










county. 


Adams, .... 


2,900 


$6,679,320 34 


$4 98 




Alford, 




120 


311,989 33 


22 




Becket, 




357 


490,644 00 


44 




Cheshire, 




445 


881,121 33 


69 




Clarksburg, . 




153 


247,442 66 


21 




Dalton, 




307 


1,113,828 70 


74 




Egremont, . 




248 


579,198 41 


43 




Florida, 




330 


206,957 00 


27 




Great Barrington, 




1,102 


4,963,402 75 


3 17 




Hancock, 




178 


495,515 29 


35 




Hinsdale, 




458 


883,906 68 


70 




Lanesborough, 




366 


765,788 33 


59 




Lee, 




920 


1,725,051 50 


1 37 




Lenox, 




504 


1,492,673 83 


1 04 




Monterey, 




186 


308,160 16 


26 




Mount Washington, 




62 


99,381 00 


08 




New Ashford, 




48 


109,439 00 


08 




New Marlborough, 




504 


919,417 25 


74 




Otis, . 




252 


325,529 00 


30 




Peru, .... 




118 


197,715 16 


16 




Pittsfield, . 




2,484 


8,856,082 51 


5 92 




Richmond, . 




295 


546,406 82 


44 




Sandisfield, . 




342 


546,026 32 


46 




Savoy, .... 




209 


279,228 66 


25 




Sheffield, . . . 




538 


1,367,702 91 


99 




Stockbridge, 




462 


2,659,644 32 


1 61 




Tyringham, . 




130 


305,898 00 


23 




Washington, 




156 


290,378 50 


23 




West Stockbridge, 




523 


928,665 41 


^^ • 




Williamstown, 




689 


1,718,937 65 


1 25 • 




Windsor, 




193 


314,619 66 


28 




Total, . 


• 


15,579 


$40,610,072 48 


$29 24 

• 



1872.— Chapter 259. 



191 



BRISTOL COUNTY. 









Tax of $1,000, In- 


TO WKS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 


Acushnet, .... 


281 


$682,324 06 


10 50 


Attleborough, 






1,285 


2,987,311 91 


2 22 


Berkley, 






196 


327,809 65 


27 


Dartmouth, 






793 


2,340,476 23 


1 63 


Dighton, 






458 


867,692 24 


69 


Easton, 






974 


2,903,498 20 


2 02 


Fairhaven, . 






661 


1,676,529 57 


1 22 


Fall River, . 






7,070 


27,513,445 21 


18 08 


Freetown, . 






326 


841,317 93 


61 


Mansfield, 






587 


884,314 40 


76 


New Bedford, 






5,333 


25,483,267 65 


16 14 


Norton, 






429 


827,559 67 


65 


Raynham, . 






444 


1,177,491 29 


84 


Rehoboth, 






441 


803,565 74 


65 


Seekonk, 






246 


606,265 33 


44 


Somerset, 






475 


979,392 73 


76 


Swanzey, 






323 


669,337 78 


52 


Taunton, 






4,855 


15,273,009 41 


10 50 


Westport, 






662 


l,526,6b3 63 


1 14 


Total, .' 




• 


25,839 


$88,371,292 63 


$59 64 



Bristol county. 



COUNTY OF DUKES COUNTY. 



Chilmark, .... 
Edgartown, .... 
Gay Head, .... 
Gosnold, .... 
Tisbury, .... 


152 

480 
38 
26 

428 


$327,835 56 

1,205,113 77 

11,014 00 

162,514 00 

706,958 84 


$0 25 
88 
02 
10 
59 


Total, .... 


1,124 


$2,413,436 17 


$1 84 



Dukes county. 



ESSEX COUNTY. 



Amesbury, . . . . 


1,793 


$2,331,694 62 


$2 13 


Andover, 






1,019 


3,406,297 79 


2 31 


Beverly, 






1,872 


5,849,009 38 


4 03 


Boxford, 






235 


817,822 79 


55 


Bradford, 






530 


1,103,7.52 84 


85 


Danvera, 






1,298 


2,927,161 52 


2 20 


Essex, 






420 


943,770 71 


71 


Georgetown, 






582 


868,536 58 


75 


Gloucester, . 






3,496 


7,709,462 73 


5 82 


Groveland, . 






520 


774,183 26 


67 


Hamilton, 






198 


536,020 22 


38 



Essex county. 



192 



1872.— Chapter 259. 







ESSEX COUNTY- 


—Concluded. 












Tax of $1,000, in- 




TOWNS. 


PoUs. 


Property. 


cluding Polls at 
balfa mill each. 




Haverhill, . • . 


3,967 


$9,342,712 44 


$6 92 




Ipswich, 






815 


1,762,137 86 


1 34 




Lawrence, . 






6,625 


18,570,198 36 


13 13 




Lynn, . 






7,558 


21,787,103 36 


15 29 




Lynnfield, . 






211 


711,866 84 


48 




Manchester, 






429 


1,219,013 64 


86 




Marblehead, 






2,152 


3,388,539 78 


2 87 




Methuen, 






904 


1,987,472 13 


1 50 




Middleton, . 






235 


445,943 46 


35 




Nahant, 






138 


5,565,328 53 


3 01 




Newbury, 






290 


882,549 55 


61 




Newburyport, 






3,218 


8,269,884 02 


5 98 




North Andover, . 






729 


2,196,427 34 


1 53 




Peabody, 






2,100 


5,427,619 59 


3 92 




Rock port, 






941 


1,688,770 59 


1 36 




Rowley, 






303 


546,301 01 


44 




Salem, 






5,558 


25,382,251 19 


16 19 




Salisbury, 






966 


1,903,012 04 


1 49 




Saugus, 






512 


1,488,852 07 


1 04 




Swampscott, 






541 


2,104,515 38 


1 38 




Topsfield, 






321 


755,450 34 


56 




Wenham, 






240 


504,944 95 


39 




West Newbury, 






518 


1,129,092 87 


86 




Total, .... 


51,234 


1144,327,699 78 


$101 90 




FRANKLIN C 


OUNTY. 




Franklin 


Ash6eld, .... 


332 


$558,337 62 


m 48 


county. 


Bernardston, 






238 


478,234 80 


37 




Buckland, 






523 


602,238 16 


58 




Charlemont, 






251 


397,298 44 


34 




Colrain, 






366 


729,502 68 


57 




Conway, 






377 


869,061 87 


65 




Deerfield, 






837 


1,464,055 28 


1 19 




Erving, 






211 


260,911 42 


24 




Gill, . 






194 


481,482 11 


35 




Greenfield, . 






888 


2,475,857 02 


1 75 




Hawley, 






172 


171,115 66 


18 




Heath, 






155 


312,175 72 


24 




Leverett, 






235 


370,054 70 


31 




Leyden, 






109 


251,343 33 


19 




Monroe, 






49 


63,609 96 


06 




Montague, . 






698 


1,007,781 91 


88 




New Salem, 






268 


349,997 66 


32 




Northfield, . 






456 


789,612 10 


65 



1872.— Chapter 259. 



193 



FRANKLIN COUNTY— Concluded. 









Tax of $1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 


Orange, . . . . 


785 


$1,122,926 29 


$0 99 


Kowe, 






158 


184,585 28 


18 


Shelburne, . 






374 


1,066,305 18 


75 


Shutesbury, 






160 


209,984 00 


19 


Sunderland, 






206 


465,132 06 


35 


Warwick, 






232 


258,329 35 


25 


Wendell, . 






145 


206,909 42 


18 


Whately, 






310 


802,511 69 


58 


Total, . 




• 


8,729 


$15,949,353 71 


$12 80 



HAMPDEN COUNTY. 



Agawani, .... 


483 


$965,323 95 


$0 75 


Blandford, . 




278 


536,872 12 


42 


Brimfield, 




313 


717,093 08 


54 


Chester, 




350 


496,540 46 


44 


Chicopee, 




2,387 


4,379,262 85 


3 51 


Granville, . 




338 


480,283 41 


42 


Holland, 




94 


146,605 88 


12 


Holyoke, 




2,811 


6,261,712 49 


4 72 


Longmeadow, 




356 


1,209,609 84 


82 


Ludlow, 




258 


485,955 30 


39 


Monson, 




672 


1,393,765 94 


1 07 


Montgonaery, 




93 


158,231 00 


13 


Palmer, 




818 


1,412,195 71 


1 16 


Russell, 




163 


283,149 66 


23 


Southwick, . 




292 


729,392 87 


53 


Springfield, 




7,140 


29,500,151 56 


19 16 


Tolland, 




134 


302,583 66 


23 


Wales, 




222 


373,372 12 


31 


Westfield, . 




1,997 


5,163,347 03 


3 73 


West Springfield, 




688 


2,161,000 48 


1 49 


Wilbraham, 


554 


883,278 57 


74 


Total, . 




20,441 


$58,039,727 97 


$40 91 



Hampden 
county. 



HAMPSHIRE COUNTY. 



Amherst, .... 


935 


$3,324,202 76 


$2 22 


Belchertown, 


584 


1,132,103 19 


89 


Chesterfield, .... 


233 


405,371 16 


33 


Cummington, 


255 


891,155 65 


33 


Easthampton, 


773 


2,955,277 21 


1 95 


Enfield, .... 


310 


716,497 09 


53 



25 



county. 



194 



1872.— Chapter 259. 



HAMPSHIRE COUNTY— Concluded. 









Tax of 81,000, in- 


TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each 


Goshen, . . . . 


96 


$150,824 50 


$0 13 


Granby, 






236 


546,724 41 


41 


Greenwich, 






193 


306,966 73 


26 


Hadley, 






616 


1,480,119 87 


1 09 


Hatfield, 






426 


1,617,664 78 


1 07 


Huntington, 






278 


562,987 01 


44 


Middlefield, 






180 


425,139 66 


31 


Northampton, 






2,403 


7,349,272 04 


5 09 


Pelham, 






167 


203,607 00 


19 


Plainfield, 






158 


278,990 75 


23 


Prescott, 






139 


217,396 88 


18 


South Hadley, 






665 


1,960,330 07 


1 37 


Southampton, 






296 


588,242 98 


46 


Ware, 






892 


1,759,527 89 


1 38 


Westhampton, 






127 


443,460 82 


30 


Williamsburg, 






604 


1,535,881 73 


1 11 


Worthington, 


240 


373,670 88 


32 


Total, . 




• 


10,806 


$28,725,415 06 


$20 59 



MIDDLESEX COUNTY. 



Middlesex 
county. 



Acton, . . . . 


486 


$1,037,827 04 


$0 79 


Arlington, . 






869 


3,968,954 00 


2 53 


Ashby, 






298 


538,289 02 


43 


Ashland, 






685 


1,149,051 92 


95 


Ayer, • 






492 


897,098 96 


72 


Bedford, 






228 


555,862 26 


41 


Belmont, 






436 


2,617,009 39 


1 60 


Billerica, 






485 


1,565,065 74 


1 07 


Boxborough, 






105 


267,586 66 


19 


Brighton, 






1,331 


7,137,224 78 


4 44 


Burlington, . 






201 


474,776 95 


35 


Cambridge, . 






10,323 


45,646,076 22 


29 29 


Carlisle, 






154 


373,391 29 


27 


Charlestown, 






8,271 


28,314,873 65 


19 10 


Chelmsford, . 






600 


1,764,033 18 


1 23 


Concord, 






645 


2,364,666 82 


1 57 


Dracut, 






523 


1,391,920 72 


1 00 


Dunstable, . 






137 


326,185 22 


24 


Everett, 






654 


2,107,796 48 


1 44 


Framingham, 






1,244 


3,897,847 34 


2 68 


Groton, 






465 


1,743,460 03 


1 15 


HoUIston, 






856 


1,857,291 57 


1 41 


Hopkinton, . 






1,099 


2,079,868 55 


1 65 


Hudson, 






915 


1,296,966 72 


1 14 


Lexington, . 






625 


2,249,651 27 


1 50 



1872.— Chapter 259. 



195 



MIDDLESEX COUNTY— Concluded. 









Tax of $1,000, in- 


TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 


Lincoln, . . . . 


239 


$700,779 78 


10 49 


Littleton, 






248 


755,331 16 


52 


Lowell, 






9,186 


27,811,128 12 


19 29 


Maiden, 






1,945 


6,372,237 44 


4 34 


Marlborough, 






2,320 


2,699,682 30 


2 59 


Maynard, 






522 


916,118 50 


75 


Medford, 






1,530 


6,263,456 43 


4 08 


Melrose, 






881 


2,627,733 75 


1 83 


Natick, 






1,863 


2,932,489 58 


2 48 


Newton, 






3,199 


19,244,632 61 


11 77 


North Reading, 






263 


531,633 64 


41 


Pepperell, . 






526 


1,171,801 73 


88 


Reading, 






759 


1,702,763 48 


1 28 


Sherborn, 






267 


984,136 41 


65 


Shirley, 






341 


927,209 84 


66 


Somerville, . 






8,832 


13,372,478 79 


8 98 


Stoneham, . 






1,390 


2,104,304 51 


1 81 


Stow, . 






296 


777,846 50 


56 


Sudbury, 






330 


1,035,945 50 


71 


Tewksbury, . 






317 


984,172 58 


68 


Townsend, • 






611 


766,804 31 


71 


Tyngsborough, 






175 


316,817 86 


25 


Wakefield, . 






1,438 


2,969,802 34 


2 29 


Walthani, 






2,368 


8,021,324 14 


5 42 


Watertown, . 






1,150 


4,907,134 30 


3 17 


Wayland, 






360 


703,298 23 


55 


Westford, 






534 


1,063,516 64 


83 


Weston, 






342 


1,327,178 64 


87 


Wilmington, . 






231 


513,090 74 


39 


Winchester, . 






772 


3,398,370 13 


2 18 


Woburn, 






2,527 


7,564,366 26 


5 26 


Total, . 




• 


72,889 


$241,090,362 02 


$163 83 



NANTUCKET COUNTY. 



Nantucket, .... 


923 


$2,357,831 09 


$1 71 


Total, .... 


923 


$2,357,831 09 


$1 71 



Nantucket 
county. 



Bellingham, . 
Braintree, . 
Brookline, . 



NORFOLK COUNTY. 



344 I $515,725 93 
1,092 2,186,788 92 

1,522 I 21,501,469 85 



$0 44 

1 70 

12 13 



Norfolk county. 



196 



1872.— Chapter 259. 



NORFOLK COUNTY— Concluded. 









Tax of $1,000, In- 


TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 


Canton, . . . . 


947 


12,786,565 18 


U 95 


Cohasset, 






558 


1,937,175 89 


1 30 


Dedham, 






1,355 


4,829,464 96 


8 23 


Dover, • 






167 


409,896 21 


30 


Foxborough, 






708 


1,505,935 49 


1 15 


Franklin, 






620 


1,582,983 09 


1 15 


Holbrook, 






425 


1,216,276 87 


86 


Hyde Park, . 






1,507 


4,898,294 61 


3 34 


Medfield, . 






296 


848,688 81 


60 


Medway, 






905 


1,666,371 47 


1 33 


Milton, . 






657 


5,452,958 68 


3 21 


Needham, . 






976 


3,031,378 55 


2 09 


Norfolk, 






270 


474,490 49 


89 


Norwood, 






466 


1,188,850 41 


86 


Quincy, 






1,847 


4,929,735 34 


3 53 


Randolph, . 






1,102 


1,929,429 19 


1 57 


Sharon, 






371 


822,389 80 


62 


Stoughton, . 






1,191 


2,434,962 24 


1 88 


Walpole, 






532 


1,352,977 46 


98 


West Roxbury, 






2,310 


15,368,478 81 


9 28 


Weymouth, . 






2,510 


5,173,496 62 


3 99 


Wrentham, . . . . 


546 


1,166,231 78 


89 


Total, . 




• 


23,224 


189,211,016 65 


$58 77 



PLYMOUTH COUNTY. 



Plj^moutli 
county. 



Abington, . . . . 


2,619 


$14,220,356 81 


f 3 54 


Bridgewater, 




852 


2,391,899 09 


1 69 


Carver, 




279 


602,417 89 


46 


Duxbury, 




680 


1,180,932 56 


96 


East Bridgewater, 




827 


1,245,410 31 


1 07 


Halifax, 




184 


337,558 21 


27 


Hanover, 




440 


1,002,267 23 


75 


Hanson, 




367 


502,514 51 


45 


Hingham, 




1,208 


8,246,673 86 


2 32 


Hull, . 




73 


258,880 98 


17 


Kingston, 




425 


1,428,795 16 


97 


Lakeville, 




318 


572,712 25 


46 


Marion, 




237 


485,308 23 


37 


Marshfield, . 




480 


827,907 29 


68 


Mattapoisett, 




358 


602,126 13 


50 


Middleborough, . 




1,322 


2,382,045 41 


1 92 


North Bridgewater, 




2,294 


3,516,509 83 


3 01 


Pembroke, . 




395 


621,066 78 


53 


Plymouth, . 




1,443 


8,828,322 81 


2 74 


Plympton, .... 


215 


310,922 84 


27 



1872.— Chapter 259. 



197 



PLYMOUTH COUNTY— Concluded. 



TOWNS. 


Polls. 


Property. 


Tax of $1,000, in- 
cluding Polls at 
half a mill each. 


Rochester, .... 
Scituate, .... 
South Scituate, 
Wareham, .... 
W. Bridgewater, . 


301 
663 
458 
726 
440 


$508,534 97 
1,093,852 80 
1,004,412 33 
1,163,960 63 
850,497 97 


$0 42 
91 
76 
98 
67 


Total, .... 


17,604 


$34,185,885 88 


$26 87 



SUFFOLK COUNTY. 



Boston, .... 
Chelsea, .... 
Kevere, .... 
Winthrop, .... 


61,148 

4,452 

343 

133 


$638,870,531 46 

12,405,134 86 

1,016,113 29 

533,628 41 


$368 24 

8 78 

71 

35 


Total, .... 


66,076 


$652,825,408 02 


$378 08 



WORCESTER COUNTY. 



Ashburnham, 


598 


$970,764 72 


$0 81 


Athol, . 






1,045 


2,093,389 54 


1 63 


Auburn, 








257 


532,348 99 


41 


Barre, . 








654 


1,910,326 66 


1 34 


Berlin, . 








273 


436,751 70 


37 


Blackstone, 








1,112 


2,301,719 56 


1 77 


Bolton, 








286 


578,263 34 


45 


Boylston, 








198 


556,767 68 


39 


Brookfield, 








727 


1,210,255 71 


1 00 


Charlton, 








525 


1,022,738 26 


80 


Clinton, 








1,251 


3,021,080 13 


2 22 


Dana, . 








202 


273,117 33 


25 


Douglas, 








598 


972,710 86 


81 


Dudley, 








601 


996,905 48 


83 


Fitchburg, 








3,317 


11,283,337 05 


7 62 


Gardner, 








968 


1,753,-531 67 


1 41 


Grafton, 








1,006 


1.903,027 53 


1 51 


Hardwick, 








522 


1,168,036 78 


88 


Harvard, 








376 


1,030,539 10 


74 


Holden, 








482 


934,992 56 


74 


Hubbardston 








439 


881,670 88 


69 


Lancaster, . 








425 


2,328,167 05 


1 44 


Leicester, 








708 


2,122,772 00 


1 48 


Leominster, 








1,232 


2,961,363 92 


2 18 


Lunenburg, 








315 


765,487 66 


56 



"Worcester 
couuty. 



198 



1872.— Chapter 260. 



WORCESTER COUNTY— Coxcluded. 



- 






Tax of $1,000, In- 


TOWNS. 


Polls. 


Property. 


cluding Polls at 
half a mill each. 


Menrlon, . . , . 


306 


$712,574 42 


$0 53 


Milford, 






2,662 


4,932,915 45 


3 94 


Millbury, 






1,050 


1,958,885 07 


1 56 


New Braintree, 






164 


592,433 93 


40 


Northborouirh, 






378 


1,327,854 03 


89 


Northbridjie, 






817 


1,936,368 26 


1 43 


North Brookfield, 






1,109 


1,620,848 18 


1 41 


Oakham, 






231 


370,521 56 


31 


Oxford, 








718 


1,310,451 73 


1 05 


Paxton, 








198 


326,809 33 


27 


Petersham, 








810 


770,893 62 


56 


Phillipston, 








177 


298,445 00 


25 


Princeton, 








308 


957,602 93 


66 


Royalston, 








343 


859,138 08 


63 


Rutland, 








268 


520,180 30 


41 


Shrewsbury, 






452 


1,104,404 99 


81 


Southborough, 






513 


1,391,240 48 


99 


Southbridge, 






1,250 


2,312,315 49 


1 85 


Spencer, 






1,101 


2,060,940 58 


1 64 


Sterling, 








445 


1,237,743 84 


88 


Sturbridge, 








546 


964,681 65 


78 


Sutton, 








622 


1,195,893 65 


94 


Templeton, . 








736 


1,161,246 67 


98 


Upton, 








529 


841,077 61 


71 


Uxbridge, 








707 


1,862,082 21 


1 34 


Warren, 








714 


1,479,329 54 


1 14 


Webster, 








1,201 


2,216,306 08 


1 77 


Westborough, 






968 


1,981,057 26 


1 53 


West Boylston, 






697 


1,021,478 74 


89 


West Brookfield, . 






454 


831,177 83 


67 


Westminster, 






484 


876,810 69 


71 


Winchendon, 






1,027 


1,892,527 00 


1 51 


Worcester, . 






11,638 


37,263,867 13 


25 51 


Total, . 


• 


• 


• 


51,240 


$124,212,169 49 


$91 28 



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

Approved April 25, 1872. 



Chap. 260 



■Wooden build- 
ing, not to be 
built within 



Ax Act in addition to an act to provide for thk regulation 

AND inspection OF BUILDINGS, THE MORE EFFECTUAL PREVENTION 
OF FIRE, AND THE BETTER PRESERVATION OF LIFE AND PROPERTY 
IN BOSTON. 

Be it enacted, §T., as follows : 

Section 1. Section sixteen of chapter two hundred and 
eighty of the acts of the year eighteen hundred and seventy- 



1872.— Chapter 260. 199 

one, is hereby repealed, and the following enacted in place building limits 

tliprpnf' ■ of Boston. 

Liit;i eui . jg7j^ 280 § 16. 

No wooden or frame building shall hereafter be built 
within the said building limits of the city of Boston, except 
as hereinafter provided, and no wooden addition shall be 
made to any building within said limits which shall exceed' 
fifteen feet in height from the ground to the highest part 
thereof, or which shall exceed five hundred superficial feet 
in area ; and not more than one wooden addition shall be 
allowed to be built to any building within the said building 
limits. No wooden building shall be moved from any lot wooden bniid- 
outside of the said limits to any lot within the said liinits. nioyeTwitMn 

It shall be lawful to erect wooden or frame sheds, for |^"edsmaybe 
storage or other purposes, upon wharves witliin the building erected upon 

.^ • n T^ '^ . o wharves under 

limits oi the city ot Boston, upon the lollowing conditions, t'le direction of 
namely: — Every such shed shall not exceed twenty-seven Uiid'in|s?*°'^ °^ 
feet in height from the level of the wharf to the peak or 
highest point thereof. It shall be located and constructed 
in such a manner as the inspector of buildings may direct, 
and the roof and other external parts thereto shall be cov- 
ered with non-combustible material, to be approved by said 
inspector. 

The city council of Boston may authorize the erection, city council 
within the building limits, of elevators for grain or coal to a "rectfon'oTeie. 
height greater than twenty-seven feet, and of sheds for the ^'**°"- 
storage of lumber and for mechanical purposes. The 
inspector of buildings may grant the privilege of erecting 
temporary sheds, at building sites, for the use of builders. 

The city council of the city of Boston shall have control 
and direction of the building of wooden buildings outside 
of said limits, but within said city, and may authorize such 
buildings upon such terms and conditions as they may deem 
expedient. 

Section 2. Section twenty-one of said chapter two bun- Amendment. 
dred and eighty is amended by inserting the words " with ^87i, aso§2i. 
walls " after the words " dwelling-houses," wherever they 
occur. 

Section 3. Section twenty-two of said chapter two hun- Dimensions of 
dred and eighty is hereby repealed, and the following ingsothei!'"iian 
enacted in place thereof: — houses"^' 

Buildings other than dwelling-houses, shall have walls of is7i,28o§ 22. 
the following thickness : 

For buildings in which the walls do not exceed thirty-five 
feet in height, the foundation walls, laid in block stone in 
horizontal courses, shall not be less than eighteen inches 
thick ; the external and party- walls not to be less than twelve 



200 1872.— Chapter 260. 

inches thick to the top of the upper floor, and not less than 
eight inches thick for the remaining height. 

For buildings in which the walls exceed thirty-five and do 
not exceed 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 in which the walls exceed fifty-five feet in 
height, the foundation walls, laid with block stone in hor- 
izontal 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, apd 
not less than 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. 
Eeductionof In casc the great solidity of the foundation will warrant 
permitted by ^ it, the iuspcctor may, at his discretion, permit a reduction 
inspector. ^^ ^Y\q maximum breadths of foundation walls. And in case 
of disagreement between the architect or owner and the 
inspector, the matter shall be decided by reference as pro- 
vided in section nineteen. 
Regulations as SECTION 4. Sectiou fiftv of Said chapter two hundred and 

to cellars and .i.'i i iiiii/>ii' t- i 

veutiiation of eighty IS licrcby repealed, and tne lollowing enacted in place 

tenement fhprpof • 

houses may be tucioui . 

ofhea'ith^"'"'^ "^^^ board of health have authority to make other regu- 
1871,280 150. lations as to cellars and the ventilation of tenement houses. 
The municipal court of the city of Boston, the municipal 
court of the Dorchester district, and the municipal court of 
the southern district shall have jurisdiction concurrent with 
the superior court of all offences against sections forty, forty- 
one, forty-two, forty-three, forty-four and forty-five of chap- 
ter two hundred and eighty of the acts of the year eighteen 
hundred and seventy-one, and every person violating any of 
these sections shall be guilty of a misdemeanor punisliable 
by a fine not exceeding three hundred dollars, or by impris- 
onment not exceeding sixty days. 

All complaints of violations of sections forty, forty-one, 



1872.— Chapters 261, 262. 201 

forty-two, forty-tliree, forty-four and forty-five of tliis act 
shall be made only by authority of the board of health. 

Section 5. Section fifty-nine of said chapter two hundred ^,rromf/ed*bJ*' 
and eighty is hereby repealed, and the following enacted in pio'si"tfwhennot 
place thereof: in use. 

In any store or building in Boston, in which there ^^^^'~^ 
shall exist or be placed any hoistway, elevator or well- 
hole, the openings thereof through and upon each floor of 
the said building shall be provided with and protected by a 
good and substantial railing, and such good and sufficient 
trap- doors with which to close the same, as may be directed 
and approved by the inspector of buildings ; and such trap- 
doors shall be kept closed at all times except when in actual 
use by the occupant or occupants of the building having the 
use and control of the same. For any neglect or violation 
of the provisions of this section, a penalty not exceeding one 
hundred dollars for each and every offence may be imposed 
upou the owner, lessee or occupant of said building. 

Approved April 25, 1872. 

An Act in relation to change of domicil of voters in cities. Qhnv) 261 

Be it enacted, ^'c, as follows : 

Section 1. Voters in cities shall be registered in the voters to be 
respective wards wherein they are assessed, except as here- wlrds^where 
inaft3r provided. assessed. 

Section 2. No person who removes from one ward in Nottoberegis- 
any city to another ward shall be registered as a legal voter removeVto^un- 
in said last mentioned ward, or vote therein, until he has mout'hs'resi-^ 
resided in said last mentioned ward continuously for a period deuce. 
of at least three months, when he may be so registered, and 
until any person who so removes shall have the right to be 
registered and vote in the last mentioned ward he shall have 
the right to vote in the ward in which he was previously 
registered, if otherwise qualified according to the consti- 
tution and laws of this Commonwealth. 

Approved April 25, 1872. 



An Act concerning the crossing of railroads by highways 

AND town ways. 



Chap. 262 

Be it enacted, §'c., as folloios : 

Section 1. If the mayor and aldermen of a city, or the Railroad cross- 
selectmen of a town wherein a highway or town way which aife'red^by ol-der 
crosses or is crossed by a railroad is situated, or the directors misTioners!""^" 
of any railroad corporation, whose road crosses or is crossed 
by such way, are of the opinion that it is necessary for the 
security or convenience of the public, that the approaches 
to or method of such crossing should in any way be altered, 

26 



202 



1872.— Chapter 262. 



Costs. 

Commission to 
determine by 
whom altera- 
tion shall be 
made. 



Charges and 
expenses. 



In Suffolk and 
Kantiicket, rail- 
road commis- 
sioners to per- 
form duties. 



If town, etc., 
fails to name 
member of com- 
mission, rail- 
road commis- 
sioners to ap- 
point. 



When decision 
is carried into 
effect, party 
named for that 
purpose may 
recover propor- 
tion awarded to 
others. 



the county commissioners shall, when after due notice and 
hearing of all parties interested they decide that such alter- 
ation is necessary, prescribe the manner and limits within 
which it shall be made, and fortliwith certify their decision 
in the matter to the parties, and also to the board of railroad 
commissioners ; and when the county commissioners decide 
that no alteration is necessary, the party making the appli- 
cation shall pay the costs thereof. 

Section 2. The party by whom such decision shall be 
carried into effect shall be determined upon the award of a 
commission consisting of three disinterested persons, one of 
whom shall be named by the county commissioners, if the 
way that crosses or is crossed by the railroad is a highway, 
or by the selectmen or mayor and aldermen if it is a town 
way ; one by the railroad corporation interested ; and the 
third shall be a member of the board of railroad commis- 
sioners designated by said board. Said commission shall be 
named within thirty days after the decision that an alter- 
ation is necessary, and shall meet within sixty days ; and 
the said commission shall also determine by what party all 
charges and expenses occasioned by making such alteration, 
and all future charges for keeping in repair such crossing 
and the approaches thereto, as well as all costs of the appli- 
cation to the county commissioners, or of the hearing before 
said commission, shall be borne ; or said commission may 
apportion all such charges, expenses or costs between the 
railroad corporation and the town, city or county in which 
said crossing is situated, and the award of said commission 
shall be final. 

Section 3. In the counties of Suffolk and Nantucket 
the board of railroad commissioners shall perform the duties 
required of the county commissioners by the first section of 
this act. 

Section 4. When the town, city, county or railroad cor- 
poration required to name a member of the commission as 
provided in the second section of this act, shall not have 
done so within thirty days after the decision of the county 
commissioners that an alteration is necessary, the board of 
railroad commissioners shall name such member of the com- 
mission. 

Section 5. When the decision of the commission has 
been carried into effect by the party named for that purpose, 
such party may recover of any other party the proportion 
awarded to be paid by such other party, with interest in an 
action of contract ; and if the party named to carry such 
decision into effect unreasonably neglects or refuses so to do, 



18T2.— Chapter 263. 203 

any other party affected thereby may proceed to do it, and 
may recover, in an action of tort, against all or any of the 
parties affected, all charges and expenses occasioned thereby. 

Section 6. Sections fifty-three and fifty- four of ciiapter Repeal g.s. 63, 
sixty-three of the General Statutes are hereby repealed, and §§53,54,57. 
section fifty- seven of the same chapter shall not be construed 
to include alterations prescribed under this act. 

Section 7. This act shall take effect upon its passage. 

Approved April 25, 1872. 

An Act to authorize the city of Worcester to acquire thk ni^nv) 263 

INTEREST OF THE FIRST PARISH IN WORCESTER IN THE OLD COM- "' 

MON IN SAID CITY, FOR THE PURPOSES OF A PUBLIC PARK. 

Be it enacted, ^'c, as follows : 

Section 1. The city of Worcester is hereby authorized, Worcester may 
by its city council, to acquire by purchase or to take, for the common for a 
purposes of a public park all the title and interest of the ^"'^'"' ^^^^' 
first parish in Worcester, in the old common, in said city. 

Section 2. Said city shall within thirty days after its First parish to 
city council shall vote to take said title and interest, cause a al^lrS^e'dTOpy 
certified copy of the vote to be served upon said parish in ?/ *'^! ^^^e of 

.1 •ii'i, 1 11 1.. • the city council. 

the manner provided \\\ chapter one hundred and thn-ty-six 
of the acts of the year eighteen hundred and sixty-five ; and 
the return of the officer making the service, being recorded 
with a certified copy of said vote in the registry of deeds 
for the county of Worcester, shall be evidence of such ser- 
vice. 

Section 3. Said city shall be liable to pay all damages. Liability of city 
if any, which shall be sustained by said parish by the taking for (damages. 
of its title and interest in said common, including the build- 
ing situated on said common, belonging to said parish, by 
authority of this act ; and if said parish shall not agree with 
said city upon the amount of said damages, said parish may 
apply by petition for the assessment of said damages, within 
one year after it shall have notice of the passage by said city 
council of the vote to take said title and interest, to the 
superior court, in the county of Worcester ; and said court 
shall thereupon, after due notice to said city, appoint three 
commissioners, who, after hearing the parties, shall assess 
said damages ; and the award of said commissioners, or of 
a major part of them, being returned into and accepted by 
said court, shall be final, and judgment shall be rendered 
thereon for the prevailing party, with costs, unless one of 
said parties shall claim a trial by jury, as hereinafter pro- 
vided. 

Section 4. If either of said parties shall be dissatisfied Either party 
with the amount of damages awarded by said commissioners, with award for 



204 



1872.— Chapter 264. 



City may offer 
in court that a 
specified sum 
may be award- 
ed as damages. 



Costs. 



Parish may oc- 
cupy meeting- 
liouse upon the 
common for one 
year, free of 
rent. 



ha^e'^rtriaiYy ^^^^^ party may at the term at which said award is accepted, 

jury- or the next term thereafter, claim a trial by jury ; and said 

court shall thereupon order a trial to be had at the bar of 

said court, in the same manner in which other civil causes 

are there tried by jury. 

Section 5. The said city may at any time after the entry 
of said application, offer in court, and consent in writing, 
that a sum therein specified may be awarded as damages to 
said parish ; and if said parish shall not accept the same 
within thirty days after it has received notice of said 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 offered, not including interest on the sum recovered in 
damages from the date of the offer, the said city shall be 
entitled to recover its costs after said date ; and said parish, 
if it recovers damages, shall be allowed its costs only to the 
date of the offer. 

Section 6. Said parish may occupy and use the meeting- 
house standing on said common, free of rent, for one year 
after it shall have notice of the passage of such a vote by 
said city council, and may within said time, with the leave 
of the mayor and aldermen, remove said meeting-house 
from said common ; and said parish shall within said time 
cause the pews in said meeting-house to be appraised in the 
manner provided in sections thirty five and thirty-six of 
chapter thirty of the General Statutes, and the appraised 
value of said pews shall be paid to the owners thereof by 
said parish from the money received from said city as the 
price of the title and interest of said parish in said common, 
or as damages for the taking thereof as herein provided. 

Any balance of money so received from said city after 
paying the owners of pews the appraised value thereof shall 
be expended for parish purposes and for no other purposes 
whatever. 

Section 7. This act shall not take effect unless submitted 
to and approved by the voters of the city of Worcester, at 
meetings held simultaneously for that purpose in the sev- 
eral wards, which meetings shall be called in the same man- 
ner as other legal meetings of said wards are called. 

Approved April 25, 1872. 

. 264 "^^ ^^^ '^^ ESTABLISH HARBOR LINES ON WAREHAM RIVER. 

Be it enacted, §'e., as follows: 
wharresetc, SECTION 1. No wharf, picr or Other structure shall be 

not to be ex- t i • • i • txr -r\ • n 

tendedinware- cxtcndcd mto or ovcr tidc-watcr in AVareham Kiver, from 
yoM harlLr*^ the wcstcrly bank of said river beyond the line hereinafter 

lines. 



Pews to be ap- 
praised and 
value paid to 
owners, 



Subject to ap- 
proval by the 
voters of the 
city. 



Chap 



1872— Chapter 264. 205 

defined on the westerly side of said river, or from the east- 
erly bank of said river beyond the line hereinafter defined 
on the easterly side of said river. 

The line on the westerlv side of Wareham Eiver begins at Harboriine 

» , I • 1 f« established on 

a ponit on the low-water mark on the north-easterly side oi westerly side of 
the embankment of the main track of the Cape Cod Rail- "^'^'^* 
road, in line with the present face of the old wharf between 
the town bridge and the said railroad embankment extended, 
marked A on the harbor commissioners' map of Wareham 
River, dated January first, eighteen hundred and seventy- 
two, and runs south-easterly, following and coinciding with 
said line of said old wharf extended, and the line of said 
old wharf, to the north-easterly corner of the westerly abut- 
ment of the town bridge, marked A^ on said map ; thence, 
in a straight line, passing in front of the Tremont and Car- 
ver wharves to the re-entering angle in the line of the 
present sea-wall or wharf, distant about two hundred and 
sixty feet south-easterly from the southerly side of the said 
town bridge, at a point marked B on said map ; thence, 
turning more easterly, and running in a straight line a dis- 
tance of about three hundred and five feet to the present 
north-easterly corner of the sea-wall on the line of the 
Ellis and Tobey wharf, to a point marked C on said map ; 
thence, turning and running more southerly, following and 
coinciding with the lines of the said Ellis and Tobey wharf 
and the wharf of the Parker Mills and the wharf of the 
Franconia Iron and Steel Company, to the south-easterly 
corner of the sea-wall or wharf of the said Franconia Com- 
pany, to a point marked D on said map ; thence, continuing 
south-easterly, in the same direction as the last-named line, 
a distance of six hundred feet to a point marked E on said 
map ; thence, turning more southerly by an angle with the last- 
named line of seventeen degrees and forty minutes, and run- 
ning a distance of six hundred feet to a point Aarked F on said 
map ; thence, turning still more southerly by an angle with 
the last-named line of seventeen degrees and forty minutes, 
and running a distance of six hundred feet to a point marked 
G on said map ; thence, turning south a little westerly by an 
angle with the last-named line of ten degrees, and running 
a distance of fifteen hundred and eighty feet, to a point near 
the entrance of the small channel running into Broad Marsh 
River, marked H on said map ; thence, turning north- 
westerly by an angle with the last-named line of sixty-four 
degrees, and running a distance of five hundred feet to a 
point marked I on said map. 



206 1872.— Chapter 265. 

^tlbHshe^cfon The lliiG Oil tliG easterly side of Wareham River begins at 
easterly side of a poiiit Oil the outer Or south-westerlv corner of the stone 

nvcr 

abutment or sea-wall, on the southerly side of the sluice or 
passage-way for barges under the town and railroad bridges, 
marked K on said map ; and runs south-easterly, in a straight 
line, a distance of one thousand and eighty-five feet to a 
point opposite the wharf of the Franconia Iron and Steel 
Company on the westerly side of the river, and distant from the 
line of said wharf two hundred and fifty feet, measuring at 
right angles therefrom, marked L on said map ; thence, 
turning more easterly by an angle witli the last-named line 
of sixteen degrees, and running a distance of fourteen hun- 
dred feet to a point marked M on said map ; thence, turning 
southerly by an angle with the last named line of twelve 
degrees, and running a distance of three hundred feet to a 
point marked N on said map ; thence, turning more southerly 
by an angle with the last-named line of twenty- seven degrees 
and thirty minutes, and running a distance of three hundred 
feet to a point marked on said map ; thence, turning more 
southerly by an angle with the last-named line of twenty- 
three degrees, and running a distance of three hundred feet 
to a point marked P on said map ; thence, turning south a 
little westerly, and running a distance of two thousand feet 
to a point distant about seventy-five feet westerly from the 
high-water mark at the salient point of the headland on the 
easterly side of the river, opposite tlie mouth of Broad 
Marsh River on the westerly side of the river, marked Q 
on said map, which point Q is distant five hundred feet from 
the line G H on the opposite and easterly side of the river, 
measuring at right angles to said line G H. 

Authority to SECTION 2. Nothing contained in this act shall be con- 

construct wharf T . , . " 

etc., not given strucd to givc autliofity to any person to extend or construct 
y lis ac . ^ wharf, pier or other structure in Wareham River. 

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

Approved April 25, 1872. 

Chnr) 9fi*i -^^ '^^^ ^^ supply the town of Winchester with pure avater. 
^ Be it enacted, Sj'c, as follows : 

Winchester to SECTION 1. The towii of Winchester may by and through 
wUhiHuewater tlic agciicy of tlircc commissioucrs to be appointed in the 
winteJpcmds!' manner hereinafter provided, take, hold and convey by 
steam or other power, into and through the said town, by 
suitable aqueducts or pipes, the waters of Wedge Pond and 
AVinter Pond, and may also take and hold by purchase or 
otherwise any real estate or water rights necessary for the 
construction of such aqueducts, pipes, pumps, dams, reser- 



1872.— Chapter 265. 207 

voirs or other structures as may be necessary or convenient 
for the preservation and purity of said waters, and for col- 
lecting, conducting and distributing the same in said town 
of Winchester ; and may make reservoirs and hydrants, and 
may distribute the said water through said town by laying 
down pipes, and may establish from time to time prices or 
rents for the supply or use of said water. 

Section 2. Within sixty days after the taking of any of ^r° o'/de°eds^^^" 
the land aforesaid, said town, through the same agency, shall within sixty 
file in the registry of deeds for the county in which the land uon^f land^' 
lies, a description thereof, sufficiently accurate for identifying ^^^ken, 
the same. All claims for damages sustained by taking lands. Liability for 
water or water rights, or by making aqueducts, reservoirs or ^^'"'^ses. 
other works, shall be ascertained, determined and recovered, 
in the manner now provided by law in case of land taken 
for highways, except that the complaint may be filed within 
three years after said taking. 

Section 3. For the purpose of defraying the cost of ^TtlTFunfi'' 
such property, lands, water and water rights as are taken, Bonds "may be 
purchased or held for the purposes aforesaid, and of con- M^'cunff'^" 
structing works necessary and proper for the accomplishment ^-^^'^-ooo. 
of the purposes authorized by this act, and paying all the 
expenses incident thereto, the said town of Winchester may, 
by and through the same agency, issue from time to time, 
scrip, notes or certificates of debt, to an amount not exceed- 
ing two hundred thousand dollars, the same to be denom- 
inated on its face, " Winchester Water Fund Bonds." All interest pay- 
such scrip shall bear interest payable semi-annually, and the and principal' 
principal shall be payable at periods not more than twenty ^J^rs? '^^^'^^^ 
years from the issuing of said scrip, notes or certificates 
respectively ; and the same or any part thereof, may be sold, 
from time to time, at public or private sale, for the purpose 
^.foresaid, on such terms and conditions as said commis- 
sioners may deem proper. Said town is authorized to make Annual appro- 
appropriations, and assess from time to time such amounts Pissts'^meX*^ 
as it mav from year to year decide, not exceeding in any may be made 

•'. "', '' . I'lii 1 it I*"" principal 

one year prior to the year in which the bonds mature, the and interest. 
sum of ten thousand dollars, towards paying the principal 
of the money so borrowed ; and also a sum sufficient to pay 
the interest thereon, in the same manner as money is 
assessed and appropriated for other town purposes. 

Section 4. Three commissioners shall be chosen by the Three commis- 
said town by ballot, who shall, during their continuance in ciwsen who'' 
office, execute, superintend and direct the performance and cllargrof the 
execution of all the works, matters and things mentioned in works. 
the preceding sections, that are not specially otherwise pro- 



208 



1872.— Chapter 265. 



To hold office 
for three years 
unless works 
are sooner com- 
pleted. 



Compensation. 



When office of 
commissioners 
ceases, powers 
to he exercised 
by the town. 



Penalty for un- 
lawfully using 
or diverting 
water or ren- 
dering it im- 
pure. 



Rights of drain- 
age not in- 
creased. 



vided for in this act ; and they shall be subject to such rules 
and regulations, in the execution of their said trust, as the 
said town may from time to time ordain and establish, not 
inconsistent with the provisions of this act and the laws of 
this Commonwealth. 

They shall respectively hold their said offices for the 
term of three years next after their appointment, unless the 
works aforesaid shall sooner be completed. 

A major part of said commissioners shall be a quorum to 
do business. They shall, once a year, and whenever required 
by the selectmen of the town, make and present, in writing, 
a full and particular statement of all their acts and doings, 
and of the condition and progress of the work aforesaid. 
The compensation of said commissioners shall be established 
by the town at the meeting at which they shall be respect- 
ively elected, and shall not be altered during their contin- 
uance in office. 

Section 5. Whenever the office of said commissioners 
shall cease either by the expiration of their term of office or 
the completion of the work, all the rights, powers and 
authority given to said commissioners by this act, shall then 
and thenceforth be exercised by the said town, subject to the 
duties, liabilities and restrictions herein contained, in such 
manner and by such officers and agents as the said town 
shall from time to time ordain and direct. 

Section 6. If any person shall use any of the said water, 
without the consent of the said town, an action of tort may 
be maintained by the inhabitants of said town for the 
recovery of damages therefor ; and if any person shall wan- 
tonly or maliciously divert the water or any part thereof, 
of any springs, brooks or water-courses which shall be taken 
pursuant to the provisions of this act, or shall corrupt the 
same, or render it impure, or destroy or injure any dam, res- 
ervoir, aqueduct, pipe, conduit, hydrant, machinery or other 
works or property, held, owned or used by said town, by the 
authority and for the purposes of this act, every such person 
shall forfeit and pay to said district three times the amount 
of the damages that shall be assessed therefor, in an action 
of tort in the name of the inhabitants of said town ; and 
any such person, on conviction of either of the wanton or 
malicious acts aforesaid, may also be punished by fine not 
exceeding three hundred dollars or imprisonment not exceed- 
ing one year. 

Section 7. Nothing in this act shall be construed as 
giving any increased rights of drainage into any of the 
water-courses or ponds of said town of Winchester. 



1872 — Chapter 266. 209 

Section 8. The selectmen of the town of Winchester subject to ac- 

n.i, •,!• ceptance by 

siiall warn a meeting of the voters oi said town witlun one voters at meet- 
year from the passage of this act for the purpose of having wuhiuone'year. 
said voters give in their votes upon the question whether 
they will accept the same ; and if two-thirds of said votes 
given upon the question shall be in the affirmative, then this 
act shall be binding, otherwise it shall be null and void. 
Section 9. This act shall take effect upon its passage. 

Approved April 25, 1872. 
An Act relating to the compensation of the state liquor Cfian 266 

COMMISSIONER AND ASSAYEU. "' 

Be it enacted, Sj-c, as follmos : 

Section 1. The commissioner for the purchase and sale commissioner 
of intoxicating liquors shall receive no salary from the salary from the 
treasury of the Commonwealth. ^*^**^- 

He shall receive his remuneration wholly from the profits Remuneration 
accruing from the sales of liquors made by him, said remu- fJom salens? 
deration not to exceed the sum of five thousand dollars per 
annum. 

All profits accruing from the sales of liquors by said ^g'^* Pf^ iato**^ 
commissioner, after deducting therefrom the sum of five state ueasurj. 
thousand dollars as remuneration of the commissioner, and 
seven per cent, interest on the capital employed, said capital 
not to exceed the sum of sixty thousand dollars, and such 
necessary office and incidental espenses as shall be approved 
by the governor and council, shall be paid into the treasury 
of the Commonwealth, annually, on the fifteenth day of 
October. 

After the expiration of sis months from the passage of this Liquors of for- 
act, all liquor of foreign production kept or sold by said to^beTmportedT 
commissioner shall be imported by him or under his direc- g^ner"^'"'*" 
tion. 

Section 2. So much of section twenty-five of chapter Repeal, iseo, 
four hundred and fifteen of the acts of the year eighteen *^^' ^ "^^' 
hundred and sixty-nine as provides that the inspector and 
assayer of liquors shall not analyze liquors for other parties 
than the Commonwealth, cities and towns, and that he shall 
receive an annual salary, are hereby repealed. 

Section 3. All liquors kept for sale by the commissioner aii liquors to 
to sell spirituous and intoxicating liquors, shall be analyzed asstyei^^ ^ 
by the inspector and assayer as now required by law, at an 
expense not exceeding one per cent, of the cost of the 
liquor, to be paid by the commissioner and added to said 
cost. 

Section 4. All provisions of said act, and of acts in Repeal. 

27 



210 



1872.— Chapter 267. 



addition thereto, inconsistent with the provisions of this act, 
are hereby repealed. 
jui5''m872.'* Section 5. This act shall take effect on the first daj of 
July next. Approved April 26, 1872. 



Chaj>. 267 



Boundary line 
changed be- 
tween Brook- 
line and Bos> 
ton. 



Brookline and 
Boston may 
erect and main- 
tain a dam with 
tide gate across 
Muddy Kiver. 



An Act to change the boundary between brookline and bos- 
ton, AND FOR SANITARY PURPOSES. 

Be it enacted, §'c , as follows : 

Section 1. The boundary line between the town of Brook- 
line and the city of Boston is hereby changed and established 
as follows : Fiyst, beginning at the stone post in the present 
boundary line on the northerly side of Washington Street in 
Brookline, and running generally north-easterly in the cen- 
tre of Muddy River about four hundred and fifty-five feet ; 
thence north thirty-eight degrees east, parallel to the easterly 
side of Brookline Avenue, and eighty-five feet distant there- 
from, eight hundred feet to a corner ; thence turning a right 
angle to the west and running one hundred and forty-five 
feet to the north-westerly side of Brookline Avenue ; thence 
north-easterly along the side of said avenue five hundred 
and fifty feet ; thence north-westerly about eighty feet to the 
centre of Muddy River. Second, beginning in the centre 
of Muddy River at a point on the southerly side of Long- 
wood Avenue bridge, and running south fifty-five minutes 
west six hundred and ten feet to the centre of said river. 
Tliird, beginning at the corner of the present boundary 
line in the centre of Charles River, and running easterly on 
the centre line of said river forty feet ; thence southerly along 
the easterly side of Saint Mary's Street to Ivy Street ; thence 
south-easterly along the easterly line of Saint Mary's Street- 
extended, parallel to the present boundary line and forty 
feet distant therefrom, to the centre of Muddy River ; thence 
south-westerly along said centre about forty-one feet to the 
present boundary corner. This third change is made by 
running a line parallel to and forty feet from, and easterly of 
the present boundary line between Charles River and Muddy 
River. The bearings herein given are the magnetic bearings. 
The new boundary line is laid down on a plan thereof made 
by George Tyler, civil engineer, and signed by the selectmen 
of Brookline, which is deposited in the office of the secre- 
tary of the Commonwealth. 

Section 2. The town of Brookline and the city of Bos- 
ton may erect and maintain a dam, with a tide-gate therein, 
across Muddy River at its intersection with Brookline 
Avenue, in Boston, near the street now or formerly called 
Appleton Place, for the purpose of preventing the tide from 



1872.— Chapter 267. 211 

flowing up said river. If the city of Boston shall refuse or 
neglect, after thirty days' notice, to unite with the town of 
Brookline in erecting said dam and tide-gate, the town of 
Brookline may erect and maintain the same at its own 
expense. 

Section 3. The town of Brookline and the city of Bos- waters of river 
ton may divert the waters of Muddy River, above said dam, ^'^as to flow in 
so as to make them flow in a more direct line to Charles n™ to^cimrles 
Biver, through the lands of any person or corporation as Kiver. 
they shall adjudge to be necessary for the public convenience 
or the public health. If the city of Boston shall refuse or 
neglect, after thirty days notice, to unite with the town of 
Brookline in diverting said waters, the town of Brookline 
may divert said waters where the same are exclusively 
'within the limits of said town. 

Section 4. In case said waters of Muddy River shall be if waters are 

d.-i /. • 1 j.\ <?iiij' diverted, lands 

iverted as aioresaid, the owners oi lands bordermg upon may be iiiied to 

said river may fill up said lands and the ancient channel of J^vlr!^"^ °^ 

Muddy River, to the borders of the new line of said river. 

Section 5. For any of the purposes of this act the land ]^e7oTe^ereft1ng 
or real estate of any person or corporation may be taken, dam to be same 
and the proceedings in erecting said dam and tide-gate, laying out town- 
and in diverting Muddy River, shall be the same in all ^^'''^*' 
respects as in the laying out of town ways ; and all persons 
or corporations suffering damage in their property by reason 
of the erection of said tide-gate and dam, or by the diver- 
sion of Muddy River, shall have the same rights and rem- 
edies for the ascertainment and recovery of the amount of 
such damages as in the case of laying out of town ways. 

Section 6. The territory and the inhabitants thereon Taxes for the 
hereby set off from the city of Boston to the town of Brook- brpald into"^ '^' 
line, shall be holden to pay all such taxes as are already treasury of bos- 
asses^ed or ordered to be assessed by said city of Boston for 
the present year, in the same manner as if this act had not 
been passed; and all paupers who have gained a settlement Paupers to be 

■'• suDportGu. by 

in said city of Boston by a settlement gained or derived BrookUne. 
within said territory, shall be relieved or supported by said 
town of Brookline, in the same manner as if they had a 
legal settlement in said town of Brookline. 

Section 7. The inhabitants of the territory hereby set Election of 
off to the town of Brookline shall continue to be a part of liomirofficer's. 
Boston for the purpose of electing state officers and mem- 
bers of the executive council, senators and representatives 
to the general court, representatives to congress, and electors 
of president and vice-president of the United States, until 
the next decennial census or until another apportionment 



212 1872.— Chapteks 268, 269. 

shall be made ; and it shall be the duty of the selectmen of 
Brookline to make a true list of the persons residing 
on the territory hereby set off, qualified to vote at such 
elections, and post up the same in said territory, and 
correct the same as required by law, and deliver the same 
to the mayor and aldermen of the city of Boston seven days 
at least before any such election, and the same shall be 
taken and used by the mayor and aldermen of Boston for 
such election, in the same manner as if it had been prepared 
by themselves. 

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

Approved April 27, 1872. 

Chap. 268 ^^ -^^^ relating to the service of civil process by consta- 
^' bles. 

Be it enacted^ S^c, as follows : 
Constables may SECTION 1. Auv coustablc in any city or town, elected or 

serve process . •' ,.•'''.. „' , 

now authorized appouitcd accordmg to cxistmg provisions 01 law, may, 
damages^are'^ within Said city Or town, serve any writ or process, which 
thM'^$2oout constables are now authorized to serve, in any personal 
not more than actiou, in whicli the damaffcs are laid at a greater sum than 

S300 o c? 

two hundred dollars, but not exceeding three hundred dol- 
lars ; and any process in replevin in which the subject matter 
does not exceed three hundred dollars in value : provided, 
To give bond that cvcry such constable shall give a bond, with sureties, in 
not less tiiau a sum iiot Icss than three thousand dollars, with condition 
$3,000. ^Qj, ^YiQ faithful performance of his duties, as now provided 

by law. 

Section 2. This act shall take effect on and after the 
first day of July next. Approved April 27, 1872. 

CA^JO.269 Ax Act to establish the first district court of northern 

MIDDLESEX. 

Be it enacted, §'c , as follows : 

Surt of North- Section 1. The towns of Ayer, Groton, Pepperell, Town- 
«rn Middlesex scud, Asliby, Shirley, Wcstford, Littleton and Boxborough, 
shall constitute a judicial district, under the jurisdiction of 
the court hereby established, under the name of the First 
District Court of Northern Middlesex. Said court shall, 
except as is hereinafter provided, have the same jurisdiction, 
power and authority, shall perform the same duties, and be 
subject to the same regulations as are provided with 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, applicable to the several police courts 
of the Commonwealth ; and all provisions of law relating to 



1872. Chapter 269. 213 

criminal and civil proceedings, the taxation of costs, the 
payment of fines, the expenses of court, the accounting and 
settling with county and town for money paid into court as 
forfeitures or otherwise, and all other returns and require- 
ments of law applicable to the several police courts of the 
Commonwealth, except those before mentioned, shall apply 
to the first district court of northern Middlesex. 

Section 2. Said district court shall consist of one stand- j^"ticeTnd°two 
ing justice and two special justices, to be appointed, com- special justices, 
missioned and qualified pursuant to the constitution and 
laws. 

Section 3. Either of the justices may issue warrants in Either justice 
all proper cases. No justice of the peace shall hereafter be ^nts!**"^ ^'^'' 
allowed any fees for warrants issued within said district, and 
all warrants so issued shall be made returnable before said 
court. 

Section 4. Said court shall be held in said Ayer, and ?°j|}'^^fci^^™' 
for criminal business daily, at nine o'clock in the forenoon, business. 
except on Sundays and legal holidays, in some suitable place 
to be furnished by the county of Middlesex. Said court 
shall be held for civil business on tli^ first Monday in each 
month. 

Section 5. The standing justice of said court shall |^|fy°^J°*' 
receive an annual salary of one thousand dollars, to be paid 
from the treasury of the Commonwealth ; the compensation compensation 
of the special justices shall be determined and paid in the tkeT'''^^^"** 
manner now provided by law for special justices of police 
courts. 

Section 6. Said court shall also have concurrent juris- Ju"s<iiction of 

-.. . . , .1 • , • ,1 , P nr^^ tlie court. 

diction with the superior court, in the county oi Mid- 
dlesex, in all personal actions, in which the debt or damages 
demanded, or property replevied, does not exceed in amount 
or value three hundred dollars, and on the return day of the 
writ either party may demand a trial by jury, in writing, 
which shall be granted by said court. If neither party 
demand a trial by jury, the right to have such trial shall be 
taken to be waived. The jury trial shall be in accordance Trial by jury. 
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 there- 
from, or exceptions and appeals on matters of law are had, 
as hereinafter provided. 

Section 7. In all cases in said court, except where a Rtghtofappeau. 
jury trial is had, or the value of the property replevied, or 
the amount claimed in the writ does not exceed the amount 



214 



1872.— Chapter 269. 



appeals on mat 
ters of law 
when jury trial 
is had. 



Jurors to be 
summoned 
from towns in 
the judicial dis 
trict. 



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 
Exceptions and wlicrc a jury trial is had, exceptions and appeals on matters 
of law may be had to the supreme judicial court in the 
manner now provided by law for taking exceptions and 
appeals from the superior court to the supreme judicial 
court. 

Section 8. When a jury shall become necessary for the 
trial of any action or proceeding in said district court 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 sum- 
moned from the towns in the judicial district. 

Section 9. Ail proceedings duly commenced before any 
trial justice or justice of the peace for said county, within 
said district, before this act shall take full effect, shall be pros- 
ecuted 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 
court in civil actions or proceedings, shall run into or be 
served in any county other than Middlesex County, except 
s^iloV? and' ^^ provided in section seven of chapter one hundred and 
142, §'77.' twenty, and in section seventy -seven of chapter one hundred 
and forty-two of the General Statutes. And in all civil 
actions in said court, wherein the writ or process is served 
upon the defendant in any county other than Middlesex 
County, except as above provided, if the plaintiff names a 
Costs if plain- sum uot cxcecding twcnty dollars, for debt or damages, he 
not'exc'e'ed^^a shall be entitled to no costs, except as provided in the fol- 
lowing section ; but the defendant shall recover the costs to 
which he would have been entitled had he been the prevail- 
ing party. 

Section 11. If the plaintiff's claim in a writ served upon 
the defendant out of Middlesex County, as established on 
the trial, exceeds twenty dollars, and is reduced to that 
amount or less, or overbalanced by set-offs which could not 
have been proved in payment, it shall be considered, for the 
purposes of the preceding section as having exceeded twenty 
dollars, and the party who finally recovers judgment in the 
suit, shall be entitled to his costs. 



Proceedings 
commenced be- 
fore trial jus- 
tices, etc., to be 
there deter- 
mined. 



Process not to 
run into or be 
served in any 
county other 
than Middlesex 



Costs if plain- 
tiff's claim is 
established as 
exceeding $20 



187i— Chapters 270, 271. 215 

Section 12. The justice of said district court may retain, Fees may be 
for his oWn use, from the fees received in said court, all [[ce"forimy-"^' 
sums paid by him for the services of any special justice : "icesof^speciai 
provided^ the sum so retained shall not, in any one year, justices. 
exceed eight per centum of the annual salary of such jus- 
tice ; but no justice of said court shall receive any com- 
pensation besides his regular salary or allowances for making 
or issuing 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. 

Section 13. This act shall take effect, so far as relates when to take 
to the appointment, commissioning and qualifying the jus- ^^^^^' 
tices of said district court, upon its passage, and it shall 
take full effect upon the first day of July next. 

Approved April 27, 1872. 

An Act concerning elections in cities. Chnn 270 

Be it enacted., Sfc , as follows : 

In all elections in cities in which a checklist is required check-ijstsused 
by law to be used, the warden or other presiding officer of dtfis to b°Vu- 
each ward, shall cause the check-list so used to be enclosed Jip ^etc ^Is^bai- 
and sealed in an envelope in the same manner as the ballots lotsare're- 
cast at said election are now required by law to be secured ; and secured" 
the warden, clerk and a majori-ty of the inspectors in each 
ward shall certify on such envelope to the identity of the 
check-list so enclosed : provided.^ that nothing in this act Proviso. 
shall be construed to prevent the clerk of any city from 
furnishing a copy of a check-list after it has been used in 
any ward, upon the application of not less than ten legal 
voters resident therein ; and immediately upon such copy 
being furnished, the check-list shall be again sealed up. 

Ajjproved April 27, 1872. 

An Act in further addition to an act concerning the man- QJian, 271 

UFACTURE AND SALE OF INTOXICATING LIQUORS. * * 

Be it enacted, §'c., as follows : 

Section 1. Any dispensing druggist or apothecary who Apothecary au- 
is authorized to sell spiritous or intoxicating liquors liquors to keep 
under the provisions of chapter three hundred and eighty- ^^'^'^^^ '^^ ^^^'^' 
nine of the acts of the year eighteen hundred and seventy, 
shall keep a record of all his sales, with the name of the 
purchaser, which record shall be open to the inspection of 
the board from which he has received his certificate. 

Section 2. Any dispensing druggist or apothecary failing To forfeit certi- 

• 1 •/ o ^cjjI;^^ jf jj^ fails 

to comply with the provisions of this act shall forfeit his tocompiy. 
certificate, and it shall be the duty of the board granting the 
same to revoke it. Approved April 27, 1872. 



216 1872.— Chapters 272, 2t8, 274. 

Chcf.p. 272 -^^ ^^'^ '^^ AUTHORIZE THE SOCIETY FOR THE RELIEF OF WIDOWS 
■^ ' AND ORPHANS OF DECEASED CLERGYMEN OF THE PBOTESTANT 

EPISCOPAL CHURCH TO HOLD ADDITIONAL REAL AND PERSONAL 
ESTATE. 

Be it enacted, §'c., as follows: 

$50,000 addi- Section 1. The Society for the Relief of the Widows 
per'sonTi'lstate. and Orphans of Deceased Clergymen of the Protestant 
Episcopal Church, is hereby authorized to hold. real and per- 
sonal estate to the amount of fifty thousand dollars, in addi- 
tion to the amount that said corporation is now avithorized 
to hold. 

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

Approved April 27, 1872. 



An Act to amend an act to incorporate the holyoke and 
belchertown railroad company. 



Chap. 273 

Be it enacted, Sf^c, as folloivs : 
Holyoke and SECTION 1. The Holvoke and Bclchcrtown Railroad Com- 

jiGlcnGrtowii *' 

K.R. may cross pany may construct its railroad across the railroad of the 
KiveV^R.'i^at Connecticut River Railroad Company, at a grade level 
s'-^'i^- therewith. 

withMasTcen SECTION 2. Said Holyokc and Belehertown Railroad 
traioiNew Company may connect its railroad with the Massachusetts 
^mRaUroads!'' Central Railroad, or the New London Northern Railroad, 
at some convenient point in the town of Amherst or Bel- 
ehertown. 
Mayenterupon SECTION 3. Said Holvokc and Belchcrtov/n Railroad 

or D6 united ^ 

with other rail- Company may enter upon, unite with and use, and be 
roads. entered upon, united with and used by, the Holyoke and 

Westfield Railroad Company, the Connecticut River Rail- 
road Company, the New London Northern Railroad Com- 
pany, and the Mas:-achusetts Central Railroad Company, 
upon such terms, not inconsistent with their several charters 
or the laws of this Commonwealth, as a majority in value 
. of the stockholders of said corporations, so uniting, may 
approve, at legal meetings to be called for that purpose ; and 
all the provisions of the acts of incorporation of the corpo- 
rations so uniting and becoming one corporation, shall apply 
to the corporation thereby created. 

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

Approved April 27, 1872. • 

Chap. 274 -^^ ^^"^ relating to contracts WITH THE OFFICERS OF CITIES. 

Be it enacted, ifc, as follows : 
the'^it^couneii SECTION 1. No mcmbcr of the city council of any city, 
or other city or either branch thereof, or any officer chosen or appointed 
fnterested in a by the mayor, city council, or either branch thereof, or by 
private capacity ^j^g Iq^qX voters, shall be interested in a private capacity j 



1872.— Chapter 275. 217 

either directly or indirectly, in any contract or agreement for *p^g^°^jferl*in^°* 
labor, or for any materials, goods, wares or merchandise fur- the city is an 
nished to such city, wherein said city is a party interested ; Jfany?*^ 
nor shall either directly or indirectly for himself or any 
other person, receive any commission, discoimt, bonus, pres- 
ent or reward from the person or persons making such con- 
tract or agreement, or furnishing such materials, goods, 
wares and merchandise. 

Section 2. Whoever violates the provisions of this act. Penalty for vio- 
shall be punished by a fine of not less than fifty dollars nor 
more than one thousand dollars, or by fine and imprison- 
ment not exceeding one year, at the discretion of the court. 

Approved April 29, 1872. 

An Act to provide for the appointment, and to define the phnri 975 

DUTIES OF UNDERTAKERS. ^ ' 

Be it enacted, Sfc, as follows : 

Section 1. The boards of health of towns and the mayor undertakers to 
and aldermen of cities shall, on or before the first day of boardof'iieaith. 
July next, and each year thereafter, license a suitable num- 
ber of undertakers to take charge of the obsequies of funeral 
rites preliminary to the interment of a human body, if, in 
the judgment of such boards, a sufficient number are not 
already licensed in their respective places. Any undertaker, 
having such charge, shall forthwith obtain and return to the 
clerk of the city or town in which the deceased resided or the 
death occurred, the facts required by chapter twenty-one of i?eumis requir- 
the Creneral Statutes, to be recorded by said officer concern- ^^ ^y ^- ^- ^i- 
ing the deceased ; the clerk shall thereupon give to the 
undertaker a certificate as provided for in section four of to receive cer- 
said chapter, which certificate the undertaker shall deliver cierk*a/d*deiiv- 
to the person having charge of the interment in accordance er it to person 
with the provisions of said fourth section. Any undertaker ofburiai. 
violating any of the provisions of this act shall be punished penalty. 
by a fine of twenty dollars for each violation of the duties 
herein prescribed, to be imposed by any court of competent 
jurisdiction. 

Section 2. Nothing herein contained shall exempt any sextons notex- 
sexton or other person named in the fourth section of the l^'iuii^^^ien 
twenty-first chapter of the General Statutes from the pro- undertaker is 

.."^ T 1,. ., ,. .1 ,. . ^ not in charge of 

Visions and penalties prescribed in said section in cases obsequies. 
where an undertaker appointed as provided in this act is 
not employed in charge of the obsequies. 

Section 3. The secretary of the Commonwealth shall secretary to 
send a copy of this act to the clerks of the several cities and a^tto'^clty and 
towns, within thirty days from its passage. town clerks. 

Approved April 29, 1872. 



218 



1872.--CHAPTERS 276, 277. 



Railroad pas- 
senger cars uot 
to be lighted 
with any sub- 
stance wliicli 
will ignite at 
less than 300 
degrees Fah- 
renheit. 



Penalty for vio 
latiou. 



Repeal of 1808, 
288. 



District conrt 
of Eastern 
Hampden 
established. 



Chap. 276 ^"^ -^ct to regulate the lighting of railroad passenger cars. 

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

Section 1. No passenger cars on any railroad shall here- 
after be lighted by naphtha, or by any illuminating oil or 
fluid, made in part of naphtha, or wholly or in part from 
coal or petroleum or other substance or material, which will 
ignite at a temperature of less than three hundred degrees 
Fahrenheit. 

Section 2. Any railroad corporation violating the provi- 
sions of this act shall be liable to a fine not exceeding five 
hundred dollars, to be recovered to the use of the Common- 
wealth by indictment. 

Section 3. Chapter two hundred and eighty-six of the 
acts of the year eighteen hundred and sixty-eight is hereby 
repealed. Approved April 29, 1872. 

Chap, 277 -^^ -^CX to establish the district court of eastern HAMPDEN. 
Be it enacted, Sfc , as folloios: 

Section 1. The towns of Palmer, Brimfield, Monson, 
Holland, Wales and Wilbraham, shall constitute a judicial 
district, under the jurisdiction of the court hereby estab- 
lished, by the name of the District Court of Eastern Hamp- 
den. Said court shall, except as hereinafter provided, 
have the same jurisdiction^ power and authority, shall per- 
form the same duties and be subject to the same regulations 
as are provided with 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 applicable to the 
several police courts of the Commonwealth ; and all provi- 
sions of law relating to criminal and civil proceedings, the 
taxation of costs, the payment of fines, the expenses of 
court, the accounting and settling with county and town for 
money paid into court as forfeitures or otherwise, and all 
other returns and requirements of law applicable to the 
several police courts of the Commonwealth, except those 
before mentioned, shall apply to the District Court of East- 
ern Hampden. 

Section 2. Said district court shall consist of one stand- 
ing justice and two special justices, to be appointed, com- 
missioned and qualified, pursuant to the constitution and 
laws. 

Section 3. Either of the justices may issue warrants in 
all proper cases. No justice of the peace shall hereafter be 
allowed any fees for warrants issued within said district, and 
all warrants so issued shall be made returnable before said 
court. 



One standing 
justice and two 
special justices. 



Either justice 
may issue war 
rants. 



1872.— Chapter 277. 219 

Section 4, Said court shall be held in Palmer, and for courts for crim- 
crnianial business daily, at nine oclock in the lorenoon, business. 
except on Sundays and legal holidays, in some suitable place 
to be furnished by the county of Hampden. Said court 
shall be held for civil business on the first and third Satur- 
days of each month. 

Section 5. The standing justice of said court shall I^Jf'"^ °^^^^- 
receive an annual salary of one thousand dollars ; the com- compensation 
pensation of the special justices shall be determined and ticir'''^ """^ 
paid in the manner now provided by law for special justices 
of police courts. 

Section 6. Said court shall also have original concurrent jurisdiction of 
jurisdiction with the superior court in the county of Hamp- 
den in all personal actions, in which the debt or damages 
demanded, or property replevied does not exceed in amount 
or value three hundred dollars, and on the return day of 
the writ either party may demand a trial by jury in writing, 
which shall be granted by said court. If neither party 
demand a trial by jury, the right to have such trial shall 
be taken to be waived. The jury trial shall be in accord- xriaibyjury. 
ance 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, or exceptions and appeals on matters of law are 
had as hereinafter provided. 

Section 7. In all cases in said court, except where a Right of appeal. 
jury trial is had, or the value of the property replevied, or 
the amount claimed in the writ 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 Exceptions and 
from the judgment of justices of the peace; and in cases nmtterlonaw 
where a jury trial is had, exceptions and appeals on matters wuen jury trial 
of law may be had to the supreme judicial court in the 
manner now provided 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 jurors to be 
the trial of any actions or proceedings in said district court from"tomisin 
under the provisions of this act, the justice of said district t^fct''"'^^'^'*^ *^'^" 
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. 



220 



1872— Chapter 277. 



Proceedings 
commenced be- 
fore trial jus- 
tices to be there 
determined. 



Process not to 
run into or be 
served in any 
county otlier 
than Hampden, 
except as in 
G. S. 120, § 7, 
and 142, § 77. 



Costs if plain- 
tiff's claim does 
no't exceed $20. 



Costs if plain- 
tiff's claim is 
established as 
exceeding $20, 



Fees may be 
retained for 
payment for 
services of spe- 
cial justices. 
Proviso. 



Wlien to take 
effect. 



Section 9. All proceedings duly commenced before any 
trial justice or justice of the peace within said district, 
before this act shall take full effect, shall be prosecuted and 
determined as if this act had not been passed, and, except 
as herein provided, the jurisdiction of trial justices and 
justices of the peace shall be excluded within the judicial 
district created by this act. 

Section 10. No writ or process issued by said district 
court in civil actions or proceedings shall run into or be 
served in any county other than Hampden County, except 
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 
actions in said court, wherein the writ or process is served 
upon the defendant in any county other than Hampden 
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 fol- 
lowing section, but the defendant shall recover the costs to 
which he would have been entitled had he been the prevail- 
ing party. 

Section 11. If the plaintiff's claim in a writ served upon 
the defendant out of Hampden County as established on the 
trial exceeds twenty dollars and is reduced to that amount 
or less, or overbalanced by set-offs which could not have 
been proved in payment, it shall be considered for tlie pur- 
poses of the preceding section as having exceeded twenty 
dollars, and the party who finally recovers judgment in the 
suit shall be entitled to his costs. 

Section 12. The justice of said district court may retain 
for his own use from the fees received in said court all sums 
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 
justice of said court shall receive any compensation besides 
his regular salary or allowance for making or issuing com- 
plaints, warrants, subpcenas 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. 

Section 13. This act shall take effect, so far as relates to 
the appointing, commissioning and qualifying the justices 
of said district court, upon its passage, and it shall take full 
effect on the first day of July next. Approved April 29, 1872. 



1872.— Chapters 278, 279, 280. 221 

An Act to authorize guardians in certain cases to sell the OJiq^)^ 278 

real estate of their wards at private sale. •* * 

Be it enacted, ^c, as follows : 

Section 1. When it shall appear by the petition of a Guardians may 
guardian for a license to sell the real estate of his ward, and by the court 
upon the hearing thereon, that the right or interest of such estlfe o^vvard 
ward in the estate or premises to be sold, is a fractional f*P''iyi^.*V<fJl 

^ . ". . , in certain cases. 

share or part thereof, or a right and niterest ni common with 
others tlierein, and that an advantageous offer has been 
previously made to the petitioner by any person for the pur- 
chase thereof, and that the interest of all parties concerned 
■will be best promoted by an acceptance of such offer, the 
court having jurisdiction of such petition may authorize a 
sale and conveyance of such real estate, in accordance with 
such offer, at private sale, or upon such terms as may be 
adjudged best, with or without public notice ; the person so 
licensed first giving bonds, and complying with all the pro- 
visions of the law, as in other cases of sales of real estate by 
guardians. 

Section 2. Any person licensed to sell at private sale, as Guardian may 
herein provided, may, notwithstanding, sell such real estate, pubiic^auction. 
if he deem it best so to do, at public auction, in the manner 
now provided by law, at any time within the term of his 
license, upon complying with all the requisitions of the law 
in such cases. 

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

Approved April 29, 1872. 

An Act to fix the salaries of the justices of the superior ni. ^ rji^n 

COURT. ^hap. 279 

Be it enacted, §'c., as follows ; 

Section 1. The chief justice of the superior court shall fiS^^***^^" 
receive an annual salary of fifty-three hundred dollars, and 
each of the associate-justices of said court an annual salary 
of five thousand dollars, payable in the manner now provided 
by law. 

Section 2, This act shall take effect upon the first day of 

July next. Approved April 29, 1872. 

An Act in relation to the support of paupers in newly incor- /^i^„ ocn 

PORATED TOWNS. ^"^^P' ^^^ 

Be it enacted, Si'c, as folloios: 

Section 1. Any new city or town which has been, or Liability for 
shall be incorporated, composed of a part of one or more pei-nu^new^y"' 
incorporated places, shall be liable for the support of all i"wn^compos- 
persons who now do or hereafter shall stand in need of ed of a part of 
relief as paupers, and have or shall become chargeable to towns."^'*'^ 



Proviso. 



222 1872.— Chapters 281, 282. 

any of said incorporated places by force of chapter three 
hundred and ninety of the acts of eighteen hundred and 
seventy, and chapter three hundred and seventy-nine of the 
acts of eighteen hundred and seventy-one : provided, the 
person enlisted, at the time of such enlistment, dwelt and 
had his home in the territory embraced within the limits of 
such new city or town. 

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

Approved April 29, 1872. 

Chap. 281 ^^ ^^"^ "^O AMEND CHAPTER ONE HUNDRED AND TWENTY-FOUR OF 
■^' THE GENERAL STATUTES, IN RELATION TO THE IMPRISONMENT OF 

POOR DEBTORS. 

Be it enacted, §"c., as follows: 

gT'i^™T2V° Section 1. Section twenty of chapter one hundred and 
twenty-four of the General Statutes is hereby amended by 
striking out all after the word " debts " in said section and 
by inserting in place thereof the words '• the charge of 
such misspending or misuse may be filed in the manner 
hereinafter provided for filing charges of fraud, and all pro- 
visions of this chapter in relation to charges of fraud shall 
apply equally to such charge of misspending or misuse." 
Amendment^to SECTION 2, Sectiou thirty-four of chapter one hundred 
and twenty-four of the General Statutes is hereby amended 
by adding the words : ''^ provided, however, that the defend- 
ant or debtor, after the expiration of any sentence, may 
renew his application for the oath for the relief of poor 
debtors, as though he had not been found guilty and sen- 
tenced." 
Tpprylrclses Section 3. The provisions of the preceding section shall 
in which sen- apply also to cascs in which the sentence aforesaid had been 
passed at pas- passcd at the time of the passage of this act. 
sage of this act. Sectiqn 4. This act shall take effect upon its passage. 

Approved April 29, 1872. 

Chap. 282 ^^ -^^^ '^^ punish officers of prisons and charitable institu- 

TIONS for bribery and other OFFENCES. 

Be it enacted, §'c., as follows : 
Officers of pub- SECTION 1. No officcr counectcd with any prison-house 

he charitable . . . , i ■ i • i i 

institution not of corrcctiou, luuatic uospital, or other public charitable 

incontracTst^ iustitutiou, shall be concerned or interested, directly or 

briije^^ '^'^^^^^^ indirectly, in any contract, purchase or sale, made on account 

of any of said institutions, or shall corruptly accept any 

bribe, present or gratuity from any person interested in such 

contracts. 

NopeMonto SECTION 2. No pcrsou interested, directly or indirectly, 

give officers , t' ,.,.•' ii-i 

bribes, etc. in any contract connected with any prison or public char- 



1812.— Chapters 283, 284. 223 

itable institution, sliall corruptly give, offer or promise to 
any officer of such institutions any bribe, gift or gratuity. 

Section 3. Any person convicted of a violation of the Penalty for vio- 
provisions of the preceding sections shall be punished by a ^'"•*'*'"- 
fine not exceeding one thousand dollars, or by imprisonment 
in the state prison for a terra not exceeding two years. 

Approved April 29, 1872. 

An Act to authorize the town of fitchburg to issue addi- nj^f^y. ooq 

TIONAL WATER SCRIP. KyUUp. ZOO 

Be it enacted, ^'c, as folloios : 

Section 1. The town of Fitchburg may issue an addi- ritchburgmay 

■ • issue ciciQitionsil 

tional amount of water scrip accordnig to the provisions of sec- water scrip. 
tion nine of chapter ninety-five of the acts of the year eighteen 
hundred and seventy, to an amount not exceeding one hun- 
dred thousand dollars for the purposes set forth in said act, 
and to provide for the payment of the same according to the 
provisions of law applicable to the water scrip already issued. 
Section 2. This act shall take effect upon its passage. 

Approved April 29, 1872. 
An Act to incorporate the campello, north bridgewater nhfjYi 2S4- 

AND HOLBROOK STREET RAILWAY COMPANY. ^ * 

Be it enacted, Sfc, as follows : 

Section 1. Henry F. Payton, Christopher Dyer, junior. Corporators. 
Edward Southworth, Jonas R. Perkins, Darius Littlefield 
Moses Bates, their associates and successors are hereby 
made a corporation under the name of the Campello North Name and pur- 
Bridgewater and Holbrook Street Railway Company, with ^°*®" 
authority to construct, maintain and use a street railway, for 
tlie transportation of passengers, with single or double tracks, 
commencing at or near the intersection of Main Street with 
the dividing line between West Bridgewater and North 
Bridgewater, thence running in a northerly direction on Route of road. 
Main Street, through the villages of Campello and North 
Bridgewater, to or near the North End school-house, so 
called ; thence in a north-easterly direction, on a new street 
called William Street to Huntington Height, the distance 
thereof being about four miles ; with all the powers and powers and 
privileges, and subject to all the duties, restrictions and <^"ties. 
liabilities set forth in all general laws, which now are or 
hereafter may be in force relating to street railways. 

Section 2. The capital stock of said corporation shall Capital stock. 
not exceed one hundred thousand dollars. 

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

Approved April 29, 1872. 



224 



1872.~Chapter 285. 



Chap, 285 



Corporators. 



Name and pur- 
pose. 

Powers and 
duties. 



To consist of 
not less than 
forty members, 
at least four- 
tentlis to be 
laymen and 
four-tenths 
ministers of 
gospel. 



May hold prop- 
erty for the en- 
dowment of 
theological in- 
stitutions and 
for assistance 
to young men 
seeking an edu- 
cation. 



Real and per- 
sonal estate. 



First meeting 
of corporation. 



An Act to incorporate the society for the promotion of col- 
legiate AND theological EDUCATION. 
Be it enacted^ ^c, as folloios : 

Section 1. Henry White, Ezra Farnsworth and Charles 
Kay Palmer, their associates and successors, are hereby 
made a corporation, by the name of the Society for the Pro- 
motion of Collegiate and Theological Education, for the 
purposes hereinafter set forth ; and with all the powers and 
privileges, and subject to all the duties, restrictions and 
liabilities set forth in all general laws, which now are or 
hereafter may be in force relating to such corporations. 

Section 2, Said corporation shall consist of such num- 
ber of members, not less than forty, as it may from time to 
time determine, and at least four-tenths thereof shall be lay- 
men, and four-tenths ministers of the gospel. In case of 
any vacancy in said corporation, by death, resignation or 
otherwise, the same shall be filled by an election by the 
remaining members. 

Section 3. Said corporation is authorized and em- 
powered to receive, accept, take and hold, all such funds, 
estate or property, as may in any manner be given, conveyed, 
bequeathed or devised to it, and to invest the same in such 
manner as it may deem most expedient, and from time to 
time use and appropriate the same, and all income and profit 
thereof, as it shall deem expedient, for the endowment, 
assistance or establishment of collegiate, academic or 
theological institutions of learning, so long and in such way 
as in its judgment the exigencies of such institutions may 
demand ; and also, if it shall deem it expedient, for the 
assistance of any young men seeking an education at any 
collegiate, academic or theological institution. 

Section 4. Said corporation for the purposes afore- 
said may hold real and personal estate to an amount, the 
annual income of which shall not exceed one hundred 
thousand dollars : provided, that the real and personal 
estate of said corporation shall not be exempt from taxation, 
by the general laws of the Commonwealth, to an amount 
exceeding two hundred thousand dollars. 

Section 5. The first meeting of said corporation may be 
called by any two of said corporators by a notice of the 
time, place and purposes thereof, by them signed and sent 
by mail, seven days at least before such meeting, to each of 
the other corporators. 

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

Approved April 29, 1872. 



1872.— Chapters 286, 287, 288. 225 

An Act to incorporate the universalist publishing house. Chop. 286 
Be it enacted^ §"c., as folloivs : 

Section 1. Alonzo A. Miner, Newton Talbot, John D. Corporators. 
W. Joy, Henry B. Metcalf, Henry D. Williams, Russell A. 
Ballon, their associates and successors, not exceeding at any 
one time twenty-one in number, are hereby made a corpo- 
ration by the name of the Universalist Publishing House, Name and pur- 
to be established in Boston, for the purpose of printing, pub- ^°^^' 
lishing, purchasing, selling and distributing books, news- 
papers, magazines and other periodicals ; with all the powers Powers and 
and privileges, and subject to all the duties, restrictions and 
liabilities contained in all general laws applicable to such 
corporations. 

Section 2. Said corporation may hold real and personal Real and per- 
property necessary for conducting its business to an amount 
not exceeding two hundred thousand dollars in value. 

Section 3. Said corporation may accept and hold any May accept and 
gift, devise or bequest which may be made to it, for the pur- quests, etc. ^ 
poses aforesaid ; and the same, with the income and profits 
therefrom, and from the business of the corporation, shall 
be held and applied for such purposes. 

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

Approved April 30, 1872. 



Chap. 287 



An Act in relation to the troy and Greenfield railroad. 
Be it enacted J §'c , as follows : 

Section 1. The governor and council may expend a sum Graduation 
not exceeding five thousand dollars in extending and ^^L'Jf fmprov- 
improving the graduation of the Troy and Greenfield Rail- l^^orand^dim- 
road» and not exceeding twenty-five thousand dollars in the '^^' 
transportation of waste material from the tunnel for pro- 
tecting and strengthening the embankments of said road 
east of the tunnel. 

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

Approved April 30, 1872. 



An Act to fix the number of printed copies of the annual 
report of the railroad commissioners. 



Chap. 288 

Be it enacted, ^c, as follows : 

Section 1. Thirty-five hundred copies of the annual Report of rau- 
report of the board of railroad commissioners and of the skfners.'^umber 
returns and abstracts of the railroad corporations shall here- "rfn^tld ^ *° "^^ 
after be printed for the series of public documents, and three 
thousand copies of the report of the railroad commissioners 
shall be printed separately for distribution by said board. 

29 



226 1872.— Chapter 289. 

^^P®*^' Section 2. So much of section two of chapter three 

hundred and seven of the acts of the year eighteen hundred 
and seventy as is inconsistent herewith is hereby repealed. 

Approved April 30, 1872. 

Chap. 289 An Act to establish the district court of east Norfolk. 

Be it eriacied, Sfc, as follows : 

?f East Norfolk Section 1. A court is hereby established under the name 
established. of the District Court of East Norfolk, and the towns of 
Randolph, Braintree, Cohasset, Weymouth, Quincy and Hol- 
brook shall constitute a judicial district under the jurisdic- 
tion of said court. 

Said court shall, except as is hereinafter provided, have 
the same jurisdiction, power and authority, shall perforna 
the same duties and be subject to the same, regulations as 
are provided in respect to existing police courts, except the 
municipal courts of Boston and Worcester, by chapter one 
hundred and sixteen of the General Statutes and by all gen- 
eral laws passed in amendment thereof applicable to the 
several police courts of the Commonwealth ; and all provi- 
sions of law relating to criminal and civil proceedings, the 
taxation of costs, the payment of fines, the expenses of 
court, the accounting and settling with county and town for 
money paid into court as forfeitures or otherwise, and all 
other returns and requirements of law applicable to the 
several police courts of the Commonwealth, except those 
before mentioned, shall apply to the District Court of East 
Norfolk. 
One standing SECTION 2. There shall bo appointed, commissioned and 
special justices! qualified, agreeably to the constitution, one justice and two 
special justices of said district court, and one of said special 
justices shall be appointed, commissioned and qualified as 
first special justice, and as vacancies occur they shall be 
uc'e^i'^ ''^^^"^ filled by appointment in the same manner. The justice of 
said court shall receive an annual salary of fifteen hundred 
dollars, and at the same rate for any part of a year, to be 
paid monthly from the treasury of the Commonwealth, 
which shall be in full for all service rendered by him as 
justice of said court or otherwise, ex officio. Tlie first 
special justice shall officiate in case of the absence or other 
inability or disability of said justice, or when two or more 
separate sessions shall be held at the same time, or when 
there is a vacancy in the office of justice, and in case of the 
absence, inability or disability of the justice or the first 
special justice, the second special justice may upon request 
officiate. The special justices shall be paid by the justice 



1872.— Chapter 289. 227 

six dollars for each day on which they may hold a session of of ^fedaTjus^ 
said court. *'''*^^- 

Section 3. Two or more sessions of said court may be Two or more 
held at the same time, and in such case the justice may hekiat^s^e 
retain to his own use from the fees received in said court all *^™^- 
sums paid by him to the special justice holding one of said 
sessions. 

Section 4. A clerk of said court shall be appointed and ^^1^^^*^°^''*^;. 
commissioned by the governor for the term of five years, emor. 
and shall receive for annual salary and clerk hire the sum salary. 
of five hundred dollars, to be paid monthly from the treasury 
of the Commonwealth, and shall faithfully perform all ser- 
vices required by law of the clerks of like courts in the 
Commonwealth, and shall give bond in the sum of five xo give bond, 
thousand dollars for the faithful performance of the duties 
of his office. 

Section 5. Either of the iustices of said court may Either justice 

,, •' -nT • J • /» ji may issue war.-- 

issue warrants in all proper cases. Mo justice oi the peace rants. 
shall hereafter be allowed any fees for warrants issued 
within said district, and all warrants issued shall be made 
returnable before said court, and no justice of said court 
shall receive any compensation besides his regular salary, or 
allowances for making or issuing, in any capacity, com- 
plaints, 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. 

Section 6. Said court shall be held for criminal S'arbusLesi?' 
business daily, except on Sundays and legal holidays, in 
some suitable place in Quincy to be furnished by the county 
of Norfolk, at nine o'clock in the forenoon, and in the 
afternoon whenever it appears expedient to the justice 
thereof. 

The court shall be held for civil business weekly; each cou'-t for civir. 

. , •' . business. 

term shall commence on Monday, and actions therein may 
be continued to any future day fixed for the sitting of the 
court ; and the court may adjourn for the trial of any case, 
civil or criminal, to any place in said district, whenever the 
public convenience may seem to the justice thereof to ren- 
der such adjournment expedient. 

Section 7. The justice and clerk shall not be retained ci"rkn^ot^tobe 
or employed as counsel or attorney in any writs, complaints retained in case- 

^ ''-,. ,1 •'t*'. .-, \ pending, etc., irii 

or proceedings returnable to or pending in said court, nor tws court. 
in any suit which has been examined or tried therein, nor 
shall the special justices be retained or employed as afore- 
said in any matter tried before them in said district court. 



228 



187-2.— Chapter 289. 



Jurisdiction of 
court. 



When one of 
several defend- 
ants resides 
witliin district, 
writ may run 
into any 
county. 

Either party 
may demand 
trial by jury. 



Costs if plain- 
tiff does not 
recover more 
than PO. 



■ Costs if plain- 
tiff's claim is 
established as 

•exceeding $20. 



jEight of appeal. 



Section 8. Said court shall have original concurrent 
jurisdiction with the superior court in the county of Nor- 
folk, in all civil actions and proceedings in which the debt or 
damages demanded or property replevied does not exceed 
in amount or value three hundred dollars, and the jurisdic- 
tion of said court shall, when the plaintiff and defendant 
both reside in the district, exclude the jurisdiction of muni- 
cipal and police courts, justices of the peace, and other 
district courts : provided^ that where there are two or more 
plaintiffs or defendants, or one or more trustees, the juris- 
diction of the court shall not be exclusive unless all the 
parties reside in the district. 

Section 9. When one of several defendants resides witliin 
the district, the writ issued by said court may run into any 
county, and be served on the other defendant or defendants, 
fourteen days, at least, before its return day, in like manner 
as if issued by the superior court. 

Section 10. On the return day of the writ either party 
may demand a trial by jury in writing, which shall be 
granted by said court. If neither party demand a trial by 
jury, the right to have such trial shall be taken to be waived. 
Tiie 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, or exceptions and 
appeals on matters of law are had, as hereinafter provided. 

And in all civil actions in said court, wherein the writ or 
process is served upon the defendant in any county other 
than Norfolk County, except as above provided, if the plain- 
tiff recovers a sum not exceeding twenty dollars for debt 
and damages, he shall be entitled to no costs, except as pro- 
vided in the following section, but the defendant shall 
recover the costs to which he would have been entitled had 
he been the prevailing party. 

Section 11. If the plaintiff's claim in a writ served 
upon the defendant out of Norfolk County, as established 
on the trial, exceeds twenty dollars, and is reduced to that 
amount or less, or overbalanced by set-offs which could not 
have been proved in payment, it shall be considered for the 
purposes of the preceding section as having exceeded twenty 
dollars, and the party who finally recovers judgment in the 
suit shall be entitled to his costs. 

Section 12. In all cases in said court, except where a 
trial by jury is had, or the value of the property replevied, 
or the amount claimed in the writ does not exceed fifty dol- 



1872.— Chapter 289. 229 

lars, either party may appeal to the superior court in the Exceptions and 

HDDGfl-lS 1113011 

manner now provided by law for taking appeals from the matters of law 
judgment of justices of the peace ; and in cases where a Shad.''"^*"'^' 
jury trial is had, exceptions and appeals on matters of law 
may be had to the supreme judicial court in the manner 
now provided by law for taking exceptions and appeals from 
the superior court to the supreme judicial court. 

Section 13. Whenever a jury shall become necessary jurors to be 
for the trial of any action or proceeding in said district fronfto'wns in 
court under the provisions of this act, the justice of said t'»e district. 
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 14. All proceedings duly commenced before any Proceedings 
trial justice or justice of the peace for said county within for'^TrlaUus-''^" 
said district, before this act shall take full effect, shall be ticestobethere 

Til • ^ •/•!• IT determined. 

prosecuted and determined as n this act had not been 
passed, and, except as herein provided, the jurisdiction of 
trial justices and justices of the peace shall be excluded 
within the judicial district established by this act. 

Section 15. When no justice of said district court is when no jus- 
present at the time and place appointed for holding a court, siferlff^mayad- 
whether at the beginning of the time or any adjournment fromda'ytoXy, 
thereof, the sheriff of the county or either of his deputies ^t''- 
may adjourn the court from day to day, or from time to 
time, as circumstances require, or as ordered by any of the 
justices, and shall give notice of such adjournments by 
making public proclamation in the room where said court is 
held, and by a notification posted on the door of the court 
room. In such case, any justice may, by a written order, 
require the sheriff or his deputy to adjourn the court with- 
out day, or to the time expressed in the order, and the 
officer shall adjourn the court accordingly, by public procla- 
mation in the room within which said court is held. 

Section 16. Sections seven, eight, nine, eleven, twelve, Provisions of 
twenty-six, forty and seventy eight of chapter one hundred ^'g^nfib^lo^' 
and twenty-nine of the General Statutes, shall apply to civil ^<^' ^s, to apply. 
actions before said court. 

Section 17. Said court shall have power to establish a court may es- 
seal, issue all writs and processes, appoint all officers neces- appofnt^annec*^ 
sary for the transaction of the business of the court, and essary officers. 
may from time to time make rules for regulating the prac- 
tice and conducting the business therein in all cases not 
expressly provided for by law. 



230 1872.— Chapters 290, 291, 292. 

When to take SECTION 18. This act shall take effect, so far as appoint- 
ing, commissioning and qualifying the justice and special 
justices of said court are concerned, on the first day of May 
next, and shall take full effect on the first day of June next. 

Approved April 30, 1872. 

Chcip. 290 An Act for amending an act for encouraging the cultiva- 
tion OF USEFUL FISHES. 

Be it enacted, ^c, as follows : 
tmTm,T^i.° Section 1. Section thirty-one of chapter three hundred 
and eighty-four of the acts of the year eighteen hundred 
and sixty-nine is hereby amended by striking out the words 
" while fishing for herrings and alewives " and inserting the 
following : " during the time and in the manner a person 
may lawfully fish for herrings or alewives." 

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

Approved April 30, 1872. 

Chap. 291 An Act to incorporate the people's club, of Worcester. 

Be it enacted, Spc, as follows: 
Corporators. SECTION 1. Georgc E. Francis, William T. Brown and 

Samuel S. Green, their associates and successors, are hereby 
Name and pur- made a Corporation by the name of the People's Club in the 
^°''^' city of Worcester, for the purposes of supplying gratuitously 

to all who need them facilities for instruction and of pro- 
powersand moting othcr beuevolcnt objects; with all the powers and 
duties. 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. 
scfnai'*e°ta'ter SECTION 2. Said Corporation may hold real and personal 

estate to an amount not exceeding fifty thousand dollars. 
Liability to Sections. The estate of the said corporation shall not 

taxation. . .„ „ . ^. n. 

be exempt from taxation ii any part oi its income or pronts 
is divided among the stockholders, or if any portion of such 
estate is used or appropriated for other than literary, benev- 
olent, scientific, educational, charitable or religious purposes. 
Section 4. This act shall take effect upon its passage. 

Approved May 1, 1872. 

Chat) 292 -^ ^^'^ '^'^ authorize the city of new BEDFORD TO ISSUE ADDI- 

* ' tional water bonds. 

Be it enacted, Sfc, as follows : 

May issue addi- SECTION 1. The city of Ncw Bedford may, for the pur- 

bopds.Tot ex- poses mentioned in the eleventh section of chapter one liun- 

fwo,o(w. dred and sixty-three of the acts of the year eighteen hundred 

and sixty-three, issue bonds to an amount not exceeding 

one hundred thousand dollars, in addition to the amount 



1872.— Chapter 293. 231 

therein authorized to be issued, upon like terms and condi- 
tions, and with like powers in all respects as are provided in 
said act for the issue of bonds of said city. 

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

Approved May 2, 1872. 



Chap. 293 



An Act in relation to the duties of officers of savings banks 
in making loans. 

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

Section 1. No savings bank or any person whatsoever savings bank, 
acting in its behalf or in its interest, shall negotiate, take or com'missio°n on*' 
receive any fee, brokerage, commission, gift or other con- account of a 
sideration, for or on account ot any loan made by or on the bank. 
behalf of such bank or for the benefit thereof, either to his 
own use or to the use of such bank, other than shall appear 
on the face of the note or contract upon which such loan 
shall purport to be made : provided^ tliat nothing herein 
contained shall apply to any expenses of examining titles 
and making conveyances upon loans made by savings banks. 

Section 2. No officer or officers of a savings bank hav- officer not to 

,1 111 c J. -J I'i- c refuse to con- 

ing money to loan shall reiuse to consider an application lor sider appiica- 

a loan because it is presented by, or comes directly from the bec^au'^se^Hs 

party applying for the same ; and if such application for a fhe^^rT'^a'^^i 

loan is rejected when there is sufficient money in the treasury ing for it. 

to meet it, and the security offered is ample, and the same is 

afterward favorably considered on application by or through 

a broker or third party, such officer violating any provision Penalty. 

of this act shall be deemed ineligible to fill any position of 

honor or trust in any savings bank. 

Section 3. All applications for loans shall be made in Applications 
writing, through the secretary or in his absence through the made'inwruFng 
treasurer of the bank, and the secretary, or in his absence gecret^"^^ 
the treasurer, shall keep a record of such applications, Record to be 
showing the date, name of applicant, the amount asked for, ^^'p^- 
and the security offered, and such officer receiving an appli- 
cation shall cause the same to be presented to the board of 
investment. Only one of the active officers of a savings 
bank, meaning the president, secretary and treasurer, shall 
at the same time be a member of the board of investment. 

Section 4. The savings bank commissioner, when exam- Bankcommis- 
ining the books of said bank, shall ascertain if there has lafnlf p^wf-'''^' 
been any violation of the provisions of this act; and any Yi°i'ated^'^'^*^*^'° 
such violation not complained of as provided in the fore- 
going section, he shall cause to be prosecuted, and the whole 
amount of said fine to be paid into the treasury of the Com- 
monwealth. 



232 



1872.— Chapters 294, 295. 



Complaint to 
be made within 
one year. 



Penalty. SECTION 5. Any persoii violating the provisions of this 

act shall be liable to a fine not less than twice the amount 
so illegally taken or received, to be recovered on complaint 
before any court of competent jurisdiction : provided, the 
same is made within one year of the time when such loan 
was made. 

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

Approved May 2, 1872. 

Chan 294 ^ "^^^ '^^ authorize the county commissioners of HAMPDEN 
^' COUNTY TO TAKE LAND FOR COURT-HOUSE PURPOSES. 

. Be it enacted, Sj-c, as follows : 

Section 1. The county commissioners of the county of 
Hampden may purchase or otherwise take any parcel or 
parcels of land, not exceeding one-fourth of an acre in 
extent, in the city of Springfield and adjoining lands owned 
by said county, to enlarge the area of land taken or pur- 
chased for court-house purposes. 

Section 2. The said commissioners shall, within sixty 
days after such taking, file for record in the registry of 
deeds for said county a description of the land so taken ; 
and the title to the same shall thereupon vest in said county. 

Section 3. All damages occasioned by the taking of land 
under this act, may be determined in the same manner as is 
now provided by law in case of land taken for highways. 

Section 4. For the purpose of carrying out the pro- 
visions of this act the said commissioners may borrow, on 
the credit of said county, a sum not exceeding forty thou- 
sand dollars. 

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

Approved May 2, 1S72. 



Commissioners 
of Hampden 
county may 
take land for a 
court house. 



To file descrip- 
tion of land 
taken. 



May borrow 
not exceeding 
$40,000. 



Chap. 295 



Old Colony & 
Newport Rail- 
way Company 
may construct 
bridge over 
Taunton Great 
Kiver. 



Subject to ap- 
proval by rail- 
road commis- 
sioners. 



An Act to authorize the construction of a highway and 
railway bridge over taunton great river, and for other 
purposes. 

Be it enacted, ^c, a< folloics: 

Section 1. The Old Colony and Newport Railway Com- 
pany may construct a bridge across Taunton Great River, 
from some point near Slade's ferry in Fall River, to some 
point near Slade's ferry in Somerset ; and said bridge shall 
be adapted to both highway and railway purposes, and in 
the construction thereof said company 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 said bridge shall be provided with such a 
draw, not exceeding sixty feet wide, as the harbor commis- 
sioners mav direct. The board of railroad commissioners 



1872.— Chapter 295. 233 

shall approve the plans for said bridge before work thereon 

is commenced, and said bridge shall be constructed to their 

approval. The supreme judicial court, upon the application 

of said company, or of any ten citizens of the county of 

Bristol, shall appoint three special commissioners, who shall 

assess from time to time, as the work progresses, one-fourth 2)"tof"brid*'e 

part of the equitable cost of said bridge upon the county of to be assessed 

Bristol, the same to be paid to said company, and upon the ofBristoi?""*^ 

completion of said bridge that portion thereof adapted to 

highway purposes shall thereupon become a public road and 

highway. 

Section 2. Said corporation may locate, construct and o. c andN. 
maintain a railroad, from its railroad in Fall River, over consrruct'roa^d 
said bridge and thence to its railroad in Somerset or o7e"rifridge'to^'^ 
Dighton ; and the Fall River, Warren and Providence Rail- ll^^^mf *''" 
road Company may extend its railroad from some convenient Fail River, 
point thereof in the town of Somerset to the westerly end providence r. 
of said bridge ; and there enter upon, connect with and use foa^retc.^'^"^*^ 
the railroad of the Old Colony and Newport Railway Com- 
pany, subject to the provisions of the general laws relating 
to connecting railroads : provided, that the Fall River, War- proviso. 
ren and Providence Railroad Company may elect, instead of 
making the connection provided for in this section, within 
the time limited by this act for making said extension, to 
purchase one-third part of the interest of the Old Colony 
and Newport Railway Company in said bridge, at the cost 
thereof, and to extend its railroad to some convenient point 
in the city of Fall River, and purchase or otherwise take * 

land for depot purposes. In case of the purchase of an 
interest in said bridge, the use and control thereof, in 
default of the agreementof the parties, shall be regulated by 
the railroad commissioners. 

Section 3. After due public notice and hearing of all commissioners 
parties in interest, the commissioners, appointed under the what Towns'Te- 
provisions of section one, shall proceed to determine and fromcoMtrac- 
award what cities and towns in said county (if any) receive *'° j °^ ''"^1^' 
particular and special benefit from the construction of such costofbuuding. 
bridge ; and to apportion and assess upon said county and 
such cities and towns, and in such manner and proportion 
as they shall deem equitable and just, the one-fourth part of 
the cost of said bridge to be paid by said county ; and there- 
after the county commissioners of said county shall apportion 
and assess upon said county and the cities and towns 
therein, the expense to the county, under the provisions 
hereof. The cost of maintaining that portion of said bridge county com- 
(excluding the main framework thereof) to be used as a rpponiorTOst 
30 • 



234 1872.— Chapter 295. 

bri^g^ir*^'"'"^ highway, and one-fourth of the cost of maintaining the sub- 
structure and main framework of said bridge, and of oper- 
ating the draw thereof, shall be borne by the cities and towns 
in said county in such proportions as shall be determined by 
the county commissioners after due notice and hearing 
thereon. Neither said county nor any city or town therein 
shall be liable for damages occasioned by the negligence of 
any railroad company using said bridge, and no such rail- 
road company shall be liable for damages occasioned by the 
negligence of said county or any city or town therein. 

ra1i'roadnw''bI SECTION 4. To providc mcaus for the purposes of this 

increased act, the Fall Rivcr, Warren and Providence Railroad Com- 
pany may increase its capital stock by the amount of one 
thousand shares, and the Old Colony and Newport Railway 
Company may increase its capital stock by the amount of 
two thousand shares. The county commissioners for said 

County com- county of BHstol may borrow, from time to time, such 

missioners of "^ p *^ , , i • , i , i 

Bristol may sums 01 moucy as may be necessary to comply with the 
orrai^it b"/'^ provisious of this act, and the cities and towns of said county 
taxation. may, from time to time, borrow or raise by taxation such 

sums of money as may be necessary to comply with the pro- 
visions of this act. 
maytldi'JcW SECTION 5. The proprietors of Slade's ferry, when the 

tinuedwhen coustructiou of Said bridge is commenced, under the pro- 
construction of ., PI. ini -I 1 iiT . 

bridge is com- visions 01 this act, shall be under no legal obligation to con- 
mence . tiuuc and maintain a ferry at that place. 

^nJx^ulfton Section 6. For the purpose of building an additional 
i^ndf™r'*adcii'''^ track and side tracks, the New Bedford and Taunton Rail- 
tionai tracks, road Corporation may take additional land between the 
depot of the Taunton Branch Railroad Corporation and 
Weir Junction, not exceeding five rods in width, including 
the land now covered by the location of said New Bedford 
and Taunton Railroad Corporation. 
to^'btfappoinled SECTION 7. At any time after the bridge herein before 
bridgifs'open" mentioned has been completed and opened for use by the 
ed for use. Qld Colouy and Newport Railway Company, a board of 
three commissioners shall, upon the application of the city 
of Taunton, and public notice thereof given, be appointed 
by the supreme judicial court; and said commissioners shall- 
May require©, have powcr to rcquirc said Old Colony and Newport Rail- 
to remove'sec- way Company to remove a section of the present bridge 
bridg^e^.^'^^^'^"*^ across Taunton Great River, so as to furnish a passage-way 
in the channel of said river not less than one hundred feet 
wide, unless in the judgment of a majority of said commis- 
sioners the greater public convenience and necessity requires 
the continued maintenance and use of said bridge. And if 



1872.— Chapters 296, 297. 235 

said commissioners shall decide to order the removal of a 
section of said bridge, as above, said Old Colony and New- 
port Railway Company shall remove the same within one 
year from the date of the decision of said commissioners. 

Section 8. The time within which the railroads hereby P'2''[°^']^^'^^^ 
authorized to be built may be located and constructed is constructed 
limited to two years from the passage hereof, and the pro- years!* *^^° 
visions relative to the issue of new stock by the Fall River, New stock to 
"Warren and Providence Railroad Company and the Old {'^1^'"^'^^"'*" 
Colony and Newport Railway Company shall be void, so far 
as the power to issue said stock is not exercised within two 
years from the passage hereof. 

Section 9. This act shall take effect upon its passage. 

Approved May 2, 187i3. 

An Act to incorporate the boston association of spiritualists, (yhfj^ 9QfJ 
Be it enacted, Sfc, as follows: 

Section 1. Phineas E, Gay, Daniel Farrar, Charles E. corporators. 
Jenkins, Moses A. Dow, Francis A. ^'awyer, Henry F. Gardner, 
Eben W. Keyes, George W. Smith, Moses T. Dole, their 
associates and successors, are hereby made a corporation by 
the name of the Boston Association of Spiritualists, to be Name and pur- 
located in Boston, for the purpose of disseminating infor- ^^^^^' 
mation in regard to the doctrines of Spiritualism ; with all 
the powers and privileges, and subject to all the duties. Powers and 
restrictions and liabilities set forth in the sixty-eighth chap- 
ter of the General Statutes. 

Section 2. Said corporation may hold real and personal ^n'Ji e^titl."^" 
estate to the amount of three hundred and fifty thousand 
dollars, which property, after the same has been paid for, 
and the net income thereof, shall be appropriated exclusively 
for the purposes in this act specified. 

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

Approved May 2, 1872. 

An Act to change the name of the association for the relief QJidn, 297 
of aged indigent females, and to increase its authority to ^' 

hold property. 

Be it enacted, §'c., as follows : 

Section 1. The corporation now called the Association Name changed. 
for the Relief of Aged Indigent Females shall be hereafter 
called and known as the Home for Aged Women, and any 
gift, devise or bequest made or which shall hereafter be made 
to the said corporation by its old name, shall enure to its 
benefit in like manner as it would have done, had its name 
not been changed. 

Section 2. The said corporation may take and hold real fo^^Qai^esu^f' 



236 1872.— Chapters 298, 299. 

and personal estate to an amount not exceeding one hun- 
dred and seventy-five thousand dollars, in addition to the 
amounts which it is now allowed to take and hold under 
chapter one hundred and sixty-two of the acts of the year 
eighteen hundred and forty-nine, and chapter fifty-eight of 
the acts of the year eighteen hundred and fifty-eight. 
Section 3. This act shall take effect upon its passage. 

Approved May 2, 1872. 

Chap. 298 -^^ -A^ct providing mileage for troops attending annual en- 
campments. 
Be it enacted^ §"c., as falloivs : 
t^oTen'tramiie SECTION 1. There shall be allowed and paid to each 
for travel in ex ofiiccr and cnlistcd man in the militia, obliged by law to 
five* mile m" ^ travel to an annual encampment, two cents a mile each 
ofencTrnprnenT. ^^7 '• provided^ the distance travelled is in excess of twenty- 
five miles from the place of encampment ; the returns to be 
made and transmitted, and the sums to be computed and 
paid in accordance with the provisions of sections one hun- 
dred and twenty-eight, one hundred and twenty-nine, one 
hundred and thirty-one and one hundred and forty-six of 
chapter two hundred and nineteen of the acts of the year 
eighteen hundred and sixty- six. 

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

Approved May 3, 1872. 
Chap. 299 An Act to provide for the prevention and abatement op 

NUISANCES, AND THE PRESERVATION OF THE PUBLIC HEALTH, IN 
THE CITIES OF CAMBRIDGE AND SOMERVILLE. 

Be it enacted^ §'c., as folloivs : 

pa^eof not SECTION 1. TIic respective boards of mayor and alder- 
teen feet above men of the cities of Cambridge and Somerville may, with 
may'berstab.*^'^ reference to a complete drainage, establish a grade in their 
lished. respective cities, not less than thirteen feet above mean low 

Cellars, etc., water ; and no person shall, in tlie city where such grade is 
grade. established, construct any cellar or basement cellar of any 

dwelling-house or other building below such grade, or use 
or occupy any such cellar constructed below the same after 
such establishment, unless licensed to construct and use a 
cellar below such grade by the board of mayor and aldermen 
of the city in which the same is situated, 
^^tion*^ ^°' "° Section 2. If any person constructs, uses or occupies 
any cellar in violation of section one of this act, the board 
of mayor and aldermen of the place where the same is 
situated, may order the owner or occupant of such cellar to 
so alter and construct it as to conform to the requirements 
of said section ; and if such owner or occupant fails to com- 



1872.— Chapter 299. 237 

ply with such order within ten days . after service thereof, 
as provided by the following section, said board may so alter 
such cellar ; and all necessary expenses incurred thereby 
shall constitute a lien upon the land wherein such cellar is 
constructed and the buildings upon such land, and may be 
collected, and the city collector may purchase such land or 
land and buildings in behalf of said city ; all as is provided 
by law for the collection of taxes upon real estate, and in 
case of land sold for taxes. 

Section 3. All orders under the preceding section shall orders to be 

, -, . . . , , '■ . ■, '^ imidem writ- 

be made m writuig and served upon said owners or occu- ing. 

pants, or their authorized agents, as prescribed by section 
nine of chapter twenty-six of the General Statutes for the 
service of orders of boards of health ; and the supreme s. j. c. may- 
judicial court or any justice thereof, in term time or vaca- Juucuonfltc?" 
tion, may by injunction or other suitable process in equity, 
restrain any person or corporation from constructing, using 
or occupying any cellar in violation of the provisions of sec- 
tion one of this act, and may enforce such provisions, and 
may order and enforce the abatement or alteration of any 
cellar constructed, used or occupied in violation thereof, so 
as to comply with said provisions. 

Section 4. The boards of mayor and aldermen of said Owners maybe 
cities, respectively, may from time to time order the owners uplands to 
of lands in their city, the surface of which is below thirteen feTs uian'twr- 
feet above mean low water, or any of such owners, to raise of*'"r[v|t'e'''^^ays 
the grade of their said lands, filling up the same with good tiiereon to six- 
materials, to a grade not less than thirteen feet above mean 
low water, and to raise the grade of all private streets, 
courts and ways upon their said lands, filling up the same 
with good materials to a grade not less than sixteen feet 
above mean low water, with reference to a complete drain- 
age thereof, so as to abate and prevent nuisances, and to 
preserve the public health of the city. 

Sections. All orders under the preceding section shall if owner fails 
be made and served as prescribed in section three of this may°nuse' '^"^ 
act, and if the owner of any such lands fails to comply with s^ade. 
any such order within six months after such service thereof, 
the board of mayor and aldermen of the city wherein the 
same is situated, may raise the grade of his said lands, and 
the private streets, ways and courts thereon, filling up the 
same with good materials to the grade authorized by the 
preceding section and specified in the order ; and all neces- 
sary expenses incurred thereby shall constitute a lien upon Expenses to 
the lands filled, and a lien equally upon the lands abutting j^j^^^y^on ^he 
upon either side of any private street, court or way filled, land. 



238 



1872.— Chapter 299. 



Parties dissatis. 
fled with assess- 
ment may make 
complaint to 
county commis- 
sioners. 



City to take 
laud, if notified 
that parties are 
dissatisfied 
■witli assess- 
ment. 



If amount of 
damage is 
agreed upon, 
money to be 
paid forthwith. 



and a lien upon all buildings upon such lands, and may be 
collected, and the city collector may purchase such lands or 
lands and buildings in behalf of the city ; all as is provided 
in section two of this act for collecting the expenses therein 
named. 

Section 6. Any person entitled to any estate in any 
land the grade of which shall be raised under the preceding 
section who is dissatisfied with the assessment of the expense 
of raising the grade of his land, and any owner of land who 
is dissatisfied with the assessment of expenses under section 
two of this act, may within six months after receiving 
notice of such assessment, make complaint to the county 
commissioners of the county of Middlesex. Said commis- 
sioners shall thereupon order a jury who may revise such 
assessment, in the manner prescribed in chapter forty-three 
of the General Statutes, in cases where persons are aggrieved 
by the assessment of damages by selectmen. If the assess- 
ment is reduced, the legal charges arising on such complaint 
shall be paid by the city, otherwise by the complainant. 

Section 7. Instead of making such complaint, any per- 
son dissatisfied with the assessment of the expense of raising 
the grade of his said land, may give notice thereof to the 
mayor and aldermen of the city wlierein the land is situated, 
within sixty days after he receives notice of such assessment, 
and the city shall thereupon take said land, and shall within 
sixty days thereafter file in the office of the registry of 
deeds for the southern district of the county of Middlesex, 
a description of the land so taken, as certain as is required 
in a common conveyance of land, together with a statement 
that the same is taken pursuant to the provisions of this act, 
which description and statement shall be signed by the 
mayor of the city, and the title to lands so taken shall vest 
absolutely in the city. 

Section 8. If any person whose land is taken under the 
preceding section, agrees with the city upon the damage 
done to him by such taking, making due allowance for the 
improvement in raising the grade of such land, the same 
shall be forthwith paid to him by the city. If any such per- 
son shall not so agree, he may at any time within six months 
from the filing of such description and statement, apply to 
the county commissioners, as provided in section six of this 
act, for a jury to determine the damage so done him, mak- 
ing due allowance for the improvement by raising the grade 
of such land, and the proceedings shall be as provided in 
said section. The damages awarded by the jury shall be 
paid by the city, and if the damages are increased above the 



1872.— Chapter 300. 239 

sum before offered by the city, all legal charges arising on 
such application shall be paid by the city, otherwise by the 
applicant. 

Section 9. The city shall raise the grade of all public Public ways 
streets bordering upon any lands, the grade of which is laiKisra^fedft'" 
ordered to be raised under this act, filling up such streets teeu'ilet^ade. 
with good materials, to a grade not less than sixteen feet 
above mean low water. 

Section 10. Nothing in this act contained shall be con- Fining of flats 
strued as authorizing any filling of the flats upon the banks 
of Charles River, nor to authorize the filling of any portion 
of the channel, flats or basins of Miller's River lying south- 
erly of Milk Street and of the Fitchburg Railroad Com- 
pany's road-bed, or either of them, in Somerville, and below 
the streets known as Medford Street in Somerville, and 
Gore Street in Cambridge. 

Section 11. This act shall not be construed as in any cities not ex- 
way exempting the cities of Cambridge and Somerville from c™tain obiiga- 
any obligation either of them would otherwise be under to *'°"''' 
make compensation to the owners of lands abutting upon 
or near to any land or street filled hereunder, or for any 
injury done or caused to the lands of such owners under 
any order or proceeding hereunder. Approved May 3, 1872. 



An Act to divide the commonwealth into districts for the 
CHOICE of representatives in the congress of the united 



Chap. 300 



Be it enacted, ^-c, asfolloios: 

Section 1. For the purpose of electing representatives in Eleven con- 
the forty-third congress of the United States, and in each tr'icta!""''^ *^'^" 
subsequent congress, until otherwise provided by law, the 
Commonwealth shall be divided into eleven districts, each of 
which shall elQct one representative, being an inhabitant of 
the same, in the manner now provided by law. 

Section 2. The said eleven districts shall be as follows, District number 
to wit: — The several towns in the counties of Barnstable, °"^* 
Dukes and Nantucket, together with the cities of New Bed- 
ford and Fall River, and the towns of Acushnet, Dartmouth, 
Fairhaven, Freetown, Somerset, Swansey and Westport, in 
the county of Bristol ; and the towns of Carver, Duxbury, 
Halifax, Kingston, Lakeville, Marion, Marshfield, Matta- 
poisett, Middleborough, Pembroke, Plymouth, Plympton, 
Rochester and Wareham, in the county of Plymouth, shall 
form one district, and be called District Number One. 

The towns of Attleborough, Berkley, Dighton, Easton, Distnctnumber 
Mansfield, Norton, Raynham, Rehoboth and Seekonk, and ^^^" 
the city of Taunton, in the county of Bristol; and the 



240 1872.— Chapter 300. 

towns of Abington, Bridgewater, East Bridgewater, Haa- 
over, Hanson, Hingham, Hull, North Bridgewater, Scituate, 
South Scituate and West Bridgewater, in tlie county of Plym- 
outh; and the towns of Braintree, Canton, Cohasset, Fox- 
borough, Holbrook, Hyde Park, Milton, Norfolk, Quincy, 
Randolph, Sharon, Stoughton, Walpoie, Weymouth and 
Wrentham, in the county of Norfolk, shall form one dis- 
trict, and be called District Number Two. 

District number The wards numbered seven, eight, ten, eleven, twelve, 
thirteen, fourteen, fifteen and sixteen, in the city of Boston, 
in the county of Suffolk, shall form one district, and be 
called District Number Three. 

District number The wards numbered one, two, three, four, five, six and 
nine, in the city of Boston ; the city of Chelsea, and the 
towns of Winthrop and Revere, in the county of Suffolk, 
shall form one district, and be 'called District Number Four. 

District number The city of Lynn and the towns of Nahant, Saugus and 
Swampscott, in the county of Essex ; and the cities of 
Charlestown and Somerville, and the towns of Arlington, 
Belmont, Burlington, Everett, Lexington, Maiden, Medford, 
Melrose, Stoneham, Wakefield, Waltham, Winchester and 
Woburn, in the county of Middlesex, shall form one dis- 
trict, and be called District Number Five. 

District number Tlic citics of HavcrhUl, Newburyport and Salem, and the 
towns of Amesbury, Beverly, Boxford, Bradford, Danvers, 
Essex, Georgetown, Gloucester, Groveland, Hamilton, Ips- 
wich, Lynnfield, Manchester, Marblehead, Middleton, New- 
bury, North Andover, Peabody, Rockport, Rowley, Salisbury, 
Topsfield, Weuham and West Newbury, in the county of 
Essex, shall form one district, and be called District Number 
Six. 

District number The City of Lawrcncc, and the towns of^ Andover and 
Methuen, in the county of Essex ; and the city of Lowell, and 
tlie towns of Acton, Ashby, Ayer, Bedford, Billerica, Box- 
borough, Carlisle, Chelmsford, Concord, Dracut, Dunstable, 
Groton, Hudson, Lincoln, Littleton, Marlborough, Maynard, 
North Reading, Pepperell, Reading, Shirley, Stow, Sudbury, 
Tewksbury, Townsend, Tyngsborough, Westford and Wil- 
mington, in the county of Middlesex ; and the towns of 
Berlin, Bolton, Harvard, and Lancaster, in the county of 
Worcester, shall form one district, and be called District 
Number Seven. 

Districtnumber The city of Cambridge, and the towns of Ashland, 

"^ ^' Brighton, Framingham, Holliston, Hopkinton, Natick, New- 

ton, Sherborn, Watertown, Wayland and Weston, in the 
county of Middlesex ; and the towns of Milford and South- 



1872— Chapter 301. 241 

borouf^h, in the county of Worcester ; and the towns of 
Brookline, Dedham, Dover, Franklin, Medfield, Medway, 
Needham, Norwood and West Roxbury, in the county of 
Norfolk, shall form one district, and be called District Num- 
ber Eight. 

The city of Worcester, and the towns of Auburn, Barre, District number 
Blackstone, Boylston, Brookfield, Charlton, Douglas, Dudley, "'"^' 
Grafton, Hardwick, Holden, Hubbardston, Leicester, Men- 
don, Millbury, New Braintree, Northborough, Northbridge, 
North BiX)okfield, Oakham, Oxford, Pax ton, Princeton, 
Rutland, Shrewsbury, Southbridge, Spencer, Sturbridge, 
Sutton, Upton, Uxbridge, Warren, Webster, Westborough, 
West Boylston and West Brookfield, in the county of Wor- 
cester; and the town of Bellingham, in the county of 
Norfolk, shall form one district, . and be called District 
Number Nine. 

All the towns in Franklin County, and all the towns in District number 
Hampshire County, together with the towns of Ashburnham, 
Athol, Clinton, Dana, Pitchburg, Gardner, Leominster, 
Lunenburg, Petersham, Phillipston, Royalston, Sterling, 
Templeton, Westminster and Winchendon in the county of 
Worcester ; and the town of Holyoke in the county of 
Hampden, shall form one district, and be called District 
Number Ten. 

All the towns in Berkshire County, the city of Springfield District number 
and the towns of Agawam, Blandford, Brimfield, Chester, ^*^^^"' 
Chicopee, Granville, Holland, Longraeadow, Ludlow, Mon- 
son, Montgomery, Palmer, Russell, South wick, Tolland, 
Wales„Westfield, West Springfield and Wilbraham, in the 
county of Hampden, shall form one district, and be called 
District Number Eleven. 

Section 3. This act shall take effect upon its passage. 
And all acts inconsistent with this act are hereby repealed. 

Approved May 3, 1872. 

An Act in relation to the imprisonment of persons convicted CJiav). 301 
OF the crime of drunkenness. "* 

Be it enacted, ^'c, as follows: 

Whoever is convicted of the crime of drunkenness for commitment to 
the first offence, under the provisions of section twenty-five non-payment of 
of chapter one hundred and sixty-five of the General fdr^^fil-st^Tnce 
Statutes, and becomes liable to imprisonment for non-pay- ofdrunkenness. 
ment of the fine and costs imposed, may be committed to 
the workhouse, if any, in the town or city where the offence 
was committed. " Approved May 3, 1872. 

31 



242 



1872.— Chapters 302, 303. 



Chap. 302 ^^ Act in relation to the tenure of office of the commis- 

■^ SIGNERS ON INLAND FISHERIES. 

Be it enacted, ^'c, as follows : 

Removable by The members of the board of commissioners on inland 
fisheries shall be removable at the pleasure of the governor. 

Approved May 3, 1872. 



governor. 



Chap. 303 

Sidewalks may 
be constructed 
in cities and 
portion of ex- 
pense assessed 
upon abutters. 



Damages. 



Repeal. 



Subject to ac- 
ceptance by 
city. 



An Act in relation to sidewalks in cities. 
Be it enacted, ^'c, as follows : 

Section 1. The board of mayor and aldermen in any 
city may grade and construct sidewalks, and complete any 
partially constructed sidewalk in any street of such city, as 
the public convenience may require, with or without edge 
stones, as said board shall deem expedient, and may cover 
the same with brick, flat stones, concrete, gravel or other 
appropriate material, and may assess upon the abutters on 
such sidewalks, in just proportions, not exceeding one-half 
of the expense of the same ; but all assessments so made 
shall constitute a lien upon the abutting land, and be col- 
lected in the same manner as taxes on real estate are now 
collected, and such sidewalks, when constructed, with edge 
stones and covered with brick, flat stones or concrete, shall 
afterwards be maintained at the expense of such city. When 
any such sidewalk shall be permanently constructed with 
edge stones, and covered with brick, flat stones or concrete^ 
as aforesaid, there shall be deducted from the assessment 
therefor, any sum which shall have been previously assessed 
upon the abutting premises, and paid to the city for the ex- 
pense of the construction of the same in any other manner 
than with edge stones and with brick, flat stones or* concrete 
as aforesaid ; and such deduction shall be made pro rata, 
and in just proportions from the assessments upon different 
abutters, who, at the time of such assessments are owners of 
the estate which at the time of such former asscBsments was 
the estate of the abutters who had previously paid such 
former assessments. 

Section 2. In estimating the damage sustained by any 
party by the construction of sidewalks as aforesaid, there 
shall be allowed, by way of set-off", the benefit, if any, to the 
property of the party by reason thereof. 

Section 3. All acts and parts of acts inconsistent with 
this act are hereby repealed. 

Section 4. This act shall not take effect in any city un- 
less accepted by the city council thereof. 

Approved May 3, 1872. 



1872.— Chapters 304, 305, 306. 243 

An Act in relation to forfeited liquors. Chap. 304 

Be it enacted^ ^'c, as follows : 

Section 1. Any liquor forfeited under the provisions of ^^j^^'J^»'j^°^«i*|'^ 
section fifty-one of chapter four hundred and fifteen of the acts § si, to be de- 
of the year eighteen hundred and sixty-nine, shall, by the au- lidssTone?.*'" 
thority of the written order of the justice or court, be delivered 
to the comnaissioner provided for in section one of said chapter. 
Said commissioner shall cause such liquor to be assayed, and 
if found suitable for medicinal, chemical or mechanical pur- 
poses, shall sell the same, and pay over the net proceeds to 
the treasurer of the Commonwealth. Any liquor which Jo/u/^^to^^l 
shall be unsuitable for use as aforesaid, but which in the destroyed. 
judgment of the assayer shall contain sufficient per cent, of 
alcohol to warrant re-distillation, shall be re-distilled, under 
the direction of the commissioner, and the net proceeds of 
the sale of the alcohol so obtained shall be disposed of as 
above. Any liquor which shall be unsuitable either for use 
as aforesaid, or for re-distillation, shall be destroyed by said 
commissioner. 

Section 2. Any forfeited liquor in possession of city and To be turned 

•/ A 1 •> ov6r to coinniis* 

town agents shall, on the passage of this act, be turned over sionerby 
to the state commissioner, to be by him disposed of as pro- ^^^^^^' 
vided for in section one. 

Section 3. Section fifty-two of said chapter is hereby Repeal. 
r^epealed. 

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

Approved May 3, 1872. 

An Act in relation to the bounty of the housatonic agricul- nhr,r^ OAf^ 
tural society. ^^^P' ^^^' 

Be it enacted, ^"c, as follows: 

Section 1. The rights of the Housatonic Agricultural bo^JJolthe''^ 
Society to receive the bounty of the state, payable in the state- 
month of October next, shall be the same as if the certificate 
and returns required by law to be made and filed by said 
society, in the office of the secretary of the board of agri- 
culture, on or before the tenth day of December last, had 
been made and filed in due time. 

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

Approved May 3, 1872. 

An Act to make uniform the taxation of reservoirs. Chcip. 306' 

Be it enacted, ^'c, as follows : 

Section 1. All reservoirs of water, with the dams con- Reservoirs, 
nected therewith and the lands under the same, used to beTaxId^where 
maintain a uniform supply of water for mill-power, shall be located, 
assessed for the purposes of taxation in the town or towns 



244 1872.— Chapters 307, 308, 309, 310. 

where located, at a valuation not exceeding a fair valuation 
of land of like quality in the immediate vicinity. 

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

Approved May 3, 1872. 

Chop. 307 -^^ '^<^'^ TO FIX THE SALARY OF THE ASSISTANT-CLERK OF THE 

COURTS OF THE COUNTY OF ESSEX. 

Be it enacted, §'c., as follows: 
Salary of $2,100. From and after the first day of April, in the year one thou- 
sand eight hundred and seventy-two, the assistant-clerk of 
the courts of the county of Essex shall receive an annual 
salary of twenty-one hundred dollars. 

Approved May 3, 1872. 

Chap. 308 -^N Act in relation to the giving of receipts for freight by 

RAILROAD CORPORATIONS. 

Be it enacted, Sfc, as folloivs: 
Sven^toS- Section 1. When any person delivers to a railroad com- 
persifcommo- pauy any commodity not extra hazardous in its character for 
extra iiazard- transportation, such company shall give to the shipper there- 
portationfun'. <^U if demanded at the time of the delivery of such commod- 
der penalty. \ij^ g^ receipt for the same, describing such commodity, or 
the marks and numbers on packages so received for trans- 
portation, and no additional charge shall be made in consid- 
eration of giving such receipt. Any railroad company 
refusing to give a receipt as herein provided, shall pay to the 
person entitled to the same, the sum of fifty dollars, which 
may be recovered in an action of tort. 

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

Approved May 3, 1872. 

Chap. 309 -^^ ^^"^ "^^ AMEND AN ACT SO AS TO PROVIDE FOR THE ACQUISITION 
OF TITLE BY THE UNITED STATES OF LANDS FOR THE PURPOSES OF 
LIFE-SAVING STATIONS. 

Be it enacted, ^'c, as follows : 

1871^ 233^ s"* *° Section \. Section one of chapter two hundred and 
thirty-three of the acts of the year eighteen hundred and 
seventy-one, is hereby amended by inserting after the word 
" erecting " the words " life-saving stations." 

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

Approved May 3, 1872. 
'Chap. 310 -A-N Act in relation to the assessment of taxes in fire 

DISTRICTS. 

Be it enacted, ^c, as follows : 

'GTi!^n^ilV° Section fifty-one of chapter eleven of the General Statutes 
is hereby amended, by inserting the words " fire district " 
after the word " society " in the second line, and also by in- 
serting the same words after the word " society " in the fifth 

line. Approved May 3, 1872. 



1872.— Chapters 311, 312. 245 

An Act in relation to the adoption of children. Chap, 311 

Be it enacted, ^c, as follows: 

Section 1. Section two of chapter three hundred and Amendments to 

• 111JJ J. ^'^^ concerning 

ten of the acts of the year eighteen hundrea and seventy- the "adoption of 
one is hereby amended by adding the words, " and a giving 1871,310; §§2,3. 
up of the child in writing for the purpose of adoption to any 
charitable institution incorporated by law, shall operate as a 
consent to any adoption subsequently approved by such in- 
stitution." Section three of the same chapter is hereby 
amended by striking out the words, " provided the visiting 
agent of the board of state charities shall in writing consent 
to such adoption." 

Section 2. Section four of the same chapter is hereby Amendment to 
amended by striking out all after the word " dead," in the ^s^^-^io. § *• 
first line, and substituting therefor the words, " due notice 
of such petition shall be given to the guardian, if any, and 
to the next of kin in this state, and in all cases where such 
child is supported by any charitable institution incorporated 
by law or as a pauper by any city or town, or by the state, 
due notice of said petition shall be given to the visiting 
agent of the board of state charities." 

Section 3. Section five of the same chapter is hereby Amendment to 

• • 1871 SIO 6 5 

amended by adding the words, " provided, that nothmg m '' '^ ' 
this act contained shall be construed to require notice to the 
father of an illegitimate child, or any other parent whose 
consent is dispensed with by section three." 

Approved May 3, 1872. 

An Act to authorize the city of boston to abate a nuisance ^t Q1 O 
existing therein, and for the preservation of the public ^f^^P' <51^ 
health in said city. 
Be it enacted, Sfc, as follows: 

Section 1. The city of Boston may purchase or other- Boston may 
wise take tlie lands, or any of them, in said city, not within the^abatem^ent 
the limits of the Boston and Providence Railroad, as shown of a nuisance. 
on the plan of their location, dated December thirtieth, in 
the year eighteen hundred and seventy-one, and filed with 
the city of Boston, which are below the grade of eighteen 
feet above mean low-water, and all estates any part of which 
is below said grade, with the buildings and other fixtures on 
the land so purchased or taken, situated and lying within 
the district which is bounded on the north-east by Ruggles 
Street, on the south-east by Tremont Street, on the south-west 
by Prentiss Street, and on the north-west by Parker Street. 
Said city shall, within sixty days from the time it shall take to aie in regis- 
any of said lands, file in the office of the registry of deeds sc^ip[ioro^f "^®" 
for the county of Suffolk a description of the lands so taken, ianas taken, 



246 



1872.— Chapter 313. 



To raise the 
grade, etc. 



If damage is 
not agreed up- 
on, owner may 
apply for a jury. 



Compensation 
to owners of 
abutting lands. 



Railway tracks 
may be laid 
through streets. 



Lands to be 
taken within 
three years. 



as certain as is required in a common conveyance of lands, 
and a statement that the same are taken pursuant to the 
provisions of this act, which description and statement shall 
be signed by the mayor of said city ; and the title to all 
lands so taken shall vest in the city of Boston ; and if any 
party whose land is so taken, shall agree with the said city 
upon the damage done to him by the said taking, the same 
shall be paid to him by the said city forthwith. And 
it shall be the duty of the city of Boston to raise the grade 
of said territory so purchased or taken, laying out and filling 
up the same with good materials, with reference to a com- 
plete drainage thereof, so as to abate the present nuisance 
and to preserve the health of the city. 

Section 2. Any person whose land or estate therein is 
taken and 'who shall fail to agree with the said city as pro- 
vided in the preceding section, may apply for a jury, in the 
same manner and subject to the same provisions of law as if 
said land or estate therein had been taken for a street or 
highway. It shall be the duty of said jury to exclude in 
their estimate of damages any value which may be added to 
said land or estate therein by reason of the passage of this 
act or any doings under it. 

Section 3. Nothing in this act shall be construed as exr 
empting the city of Boston from any obligation it would 
otherwise be under, to make compensation to the owners of 
lands abutting on or near to the territory described in the 
first section of this act, for any injury it may do to such 
lands, in any acts of raising, filling or draining said territory 
or any part thereof. 

Section 4. The city of Boston is hereby authorized to 
lay railway tracks through any street or streets of said city, 
and to maintain them so long as may be necessary, to enable 
it to transport earth and other material to fill up the district 
aforesaid under the provisions of this act. 

Section 5 All lands taken under this act shall be taken 
within three years from the passage thereof. 

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

Approved May 3, 1872. 



Chap. SIS 



Amendment to 
G. S. 63, § 93. 



An Act in addition to an act rkgulating railroad crossings 

AT grade. 

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

Section ninety-three of chapter sixty-three of the General 
Statutes is hereby amended by inserting after the word 
" crossing," in the fifth line thereof, the following words, 
" but not until signalled so to do, in accordance with a sys- 



1872.— Chapters 314, 315, 316. 247 

tem of signals, which shall be established by the corporations 
operating such railroads, and approved by the board of rail- 
road commissioners." Approved May 3, 1872. 



Cha^.SU 



An Act in relation to the trial op complaints of forcible 

entry and detainer in district courts. 
Be it enacted, Sfc, as follows : 

Section 1. All actions and proceedings hereafter com- Actions here- 
menced before any district court, under and by virtue of menced'before 
chapter one hundred and thirty-seven of the General Stat- under''G!'s.'i37 
utes, or any act or acts in amendment thereto, shall be etc. subject to' 
heard and determined by one of the justices of said court, to superior 
subject to the right of appeal to the superior court, as pro- *'°"'^** 
vided in said chapter. 

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

Approved May 3, 1872. 
An Act to amend the act to establish the first district court QJidp^ 315 

OF southern WORCESTER. "' 

Be it enacted, §"c., as follows: 

Section seven of chapter three hundred and ninety-one of ^"j^^g™^'^^ **^ 
the acts of the year eighteen hundred and seventy-one is • • • 
hereby amended by striking out from the third line thereof 
the words "judgment of the court," and inserting in place 
thereof the words " amount claimed in the writ." 

Approved May 3, 1872. 

An Act to incorporate the union for good works, in new CJian,Z\Q 

BEDFORD. ^* 

Be it enacted, §•<;., as follows : 

Section 1. Samuel Griffitts Morgan, Cliarles B. H. Fes- corporators. 
senden, Hiram Van Campen, James M. Lawton, Emily H. 
Bourne, Amelia H. Jones, Ivory H. Bartlett, junior, Wil- 
liam J, Potter, Henry H. Forbes, Alanson Borden, their 
associates and successors, are hereby made a corporation in 
New Bedford, by the name of the Union for Good Works, Name and pur- 
for the purpose of promoting religious, educational and ^°^^' 
charitable objects ; with all the powers and privileges, and ^utTeT *"^ 
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 hold real and personal fontiTstatr' 
estate not exceeding one hundred thousand dollars in value, 
for the purposes aforesaid. 

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

Approved May 3, 1872. 



248 



1872.— Chapters 317, 318, 319. 



Oha'p 



Amendment to 
1869, 415, § 59. • 



Prosecutions 
now pending 
not affected. 



Cha'p 



Provisions of 
G. S. 150, ex- 
tended. 



.317 -^^ ^^'^ ^^ RELATION TO THE RECOGNIZANCES OF PERSONS CONVICTED 
UNDER THE ACT CONCERNING THE MANUFACTURE AND SALE OF 
INTOXICATING LIQUORS. 

Be it enacted, §'c., as folloivs : 

Section 1. Section fifty-nine of chapter four hundred 
and fifteen of the acts of the year eighteen hundred and 
sixty-nine, is hereby amended by striking out the word 
" shall " after the word " prescribed," and inserting instead 
thereof the words " may for the first offence, and for any 
subsequent offence after the first, shall," and also by striking 
out the words " one thousand " and inserting " one hun- 
dred," and by adding after the word " dollars," the words 
" with sufficient sureties " : provided, that nothing herein 
contained shall affect any prosecution now pending. 

Section 2. This act shall take effect on the first day of 
July next. Approved May 4, 1872. 

. 318 -^^ "^^^ ^^ EXTEND AND AMEND CHAPTER ONE HUNDRED AND FIFTY 
OF THE 'GENERAL STATUTES, RELATING TO LIENS UPON BUILDINGS 
AND LAND. 

Be it enacted, Sfc., as follows: 

Section 1. The provisions of chapter one hundred and 
fifty of the General Statutes are hereby so far extended, that 
when the agreement mentioned in the first section of said 
chapter was for labor performed or furnished ; and for mate- 
rials furnished upon an entire contract and for an entire 
price, the lien provided therein shall attach, to secure pay- 
ment for the labor performed or furnished ; provided it can 
be distinctly shown what such labor is worth. But in no 
case shall such lien be enforced for a sum greater than the 
price agreed upon for the entire contract. 

Section 2. The statement required by section five of 
said chapter, shall set forth in addition to its present pro- 
visions, the entire price for the entire contract, the number 
of days of labor performed or furnished, and the value of 
the same. 

Section 3. The notice required to be given by section 
two of said chapter shall hereafter be given in writing. 

Approved May 4, 1872. 

Chap. 319 ^^ ^^"^ "^^ PREVENT THE SALE OR EXCHANGE OP ADULTERATED 
-^ ' MILK. 

Be it enacted, ^'c, as folloios: 

Section 1. Whoever sells or exchanges, or has in his 
possession with intent to sell or exchange, or offers for sale 
or exchange, adulterated milk, or milk to which water or 
any foreign substance has been added, shall for the first 
offence be punished by a fine of not less than twenty nor 



statement to 
set forth entire 
price for entire 
contract etc. 



Notice to be 
given in writ- 
ing. 



Penalties for 
selling adulter 
ated milk. 



1872.— Chapter 320. 249 

more than one hundred dollars ; and for any subsequent 

offence by a fine not less than fifty, nor more than tliree 
hundred dollars. 

Section 2. Whoever sells or exchanges, or has in his Penalties for 

• 1 • n ro r 1 Selling milk 

possession with intent to sell or exchange, or oners lor sale from which the 

"^ , -n .,1 n 1 • ^ i.1 cream has been 

or exchange, as pure milk, any milk from which the cream removed. 
or any part thereof has been removed, shall be liable to the 
penalties provided in the preceding section. 

Section 3. Whoever knowingly sells or exchanges, or Penalties for 
has in his possession with intent to sell or exchange, or iirgldufterated 
offers for sale or exchange, adulterated milk, or milk to °"'^- 
which water or any foreign substance has been added, shall 
for the first offence be punished by a fine of not less than 
fifty nor more than three hundred dollars, and for any sub- 
sequent offence by a fine not less than one hundred dollars 
and imprisonment in the house of correction not less than 
thirty nor more than ninety days. 

Section 4. Violations of this act may be prosecuted by Prosecutions by 
complaint or indictment before any court of competent fndictment"'^ 
jurisdiction, and one-half of any fine paid, shall go to the 
complainant. 

Section 5. All acts and parts of acts inconsistent here- Repeal, 
with, are hereby repealed, but such repeal shall not affect 
any prosecutions now pending. 

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

Approved May 4, 1872. 



Chap. 320 



An Act in relation to the improvement of the common- 
wealth's FLATS IN BOSTON HARBOR. 
Be it enacted, §'c., as folloios: 

Section 1. The board of harbor commissioners, with the sea-waiis upon 

I P ,^ 1 • • I p i\ •^ certain clian- 

approval of the governor and a majority of the council, may neis in Boston 
contract for the construction, on a parcel of South Boston const*m?tedby 
flats, situated at the iunction of Fort Point channel and the hartor commis- 

•1 I'-n TT.. in f sionerswithap- 

main channel, m Boston harbor, and adjoining the flats of provai of gov- 
the Boston Wharf Company and the flats sold by the Com- dh*"^*" 
mon wealth to the Boston and Albany Railroad Company, — 
of sea-walls upon said channels, substantially on the lines 
shown on the plan for the occupation of the Commonwealth's 
flats in South Boston, appended to the sixth annual report 
of said board to the legislature, and contract for the filling 
of said parcel within said walls with solid material ; and 
said board of harbor commissioners shall have, in relation 
to said parcel, and the improvement of the same, all the 
powers conferred upon them by chapter three hundred and 
twenty six of the acts of the year eighteen hundred and 

32 



250 



1872.— Chapter 320. 



"Wharves may 
be constructed 
by authority of 
commissioners, 
with approval 
of the governor 
and council. 



Appropriation 
Of $400,000. 



Sums paid un- 
der this act to 
be deducted 
from net pro- 
ceeds of sales 
in section one 
of flats referred 
to in 1868, 326, 
§ 4, and residue 
to be paid Into 
sinking funds. 



State scrip may 
be issued not 
exceeding 
$400,000. 



Proviso. 



sixtj-eigbt, and in addition may pay in cash for the improve- 
ment of said parcel, as authorized by law, and they shall be 
subject to all tbe provisions of said act not inconsistent here- 
with ; and said board is further authorized to procure the 
discharge of all there may be on said parcel for taxes : pro- 
vided^ tbat all plans and contracts for the improvement of 
said parcel shall be subject to the approval of the governor 
and a majority of the council. 

Section 2. The board of harbor commissioners may 
authorize, subject to the approval of the governor and a 
majority of the council, and 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 
hundred and sixty-nine, and on such other terms as may 
be considered just, the construction of wharves and docks 
at the junction of the main channel and Fort Point channel, 
on the north-westerly side of the channel last named, within 
the outer general line of a scheme of, wharves and docks 
shown on said plan, for the occupation of the Common- 
wealth's flats in South Boston, appended to the sixth annual 
report of said board, notwithstanding any existing harbor 
line heretofore established at said place. 

Section 3. There shall be allowed and paid out of the 
treasury a sum not exceeding four hundred thousand dol- 
lars, to be expended for the purposes authorized in the first 
section of this act, and the same is hereby appropriated. 

Section 4. From the net proceeds of the sales of all 
lands and flats contained in section one of the South Boston 
flats referred to in the fourth section of chapter three hun- 
dred and twenty-six of the acts of the year eighteen hun- 
dred and sixty-eight, all sums paid under this act, and all 
sums paid in the improvement of the same, with interest 
thereon, shall be first deducted, and the residue shall be 
paid into the sinking funds established by chapter three 
hundred and thirteen of the acts of the year eighteen hun- 
dred and sixty-four, and chapter one hundred and twenty- 
two of the acts of the year eighteen hundred and sixty-five. 

Section 5. For the purposes of this act, the treasurer 
and receiver-general may issue scrip or certificates of debt, 
in the name and on tiie behalf of the state and under his 
signature and the seal of the Commonwealth, to an amount 
not exceeding four hundred thousand dollars, for a term not 
less than five years, nor more than twenty years : provided^ 
however, that scrip issued for a longer term than five years 
shall be redeemable at any time after the expiration of five 
years, at the option of the state. Said scrip or certificates 



1872.— Chapter 321. 251 

of debt, shall be issued as registered bonds, or with interest 
coupons attached, and shall bear interest not exceeding six 
per cent., payable in t\\e lawful money of the United States, 
semi-annually, on the first days of March and September of 
each year. Such scrip or certificates of debt shall be counter- 
signed by the governor, and shall be deemed a pledge of the 
faith and credit of the Commonwealth, redeemable at the 
time specified, in the lawful money of the United States, 
and shall be sold and disposed of at public auction, or in 
such other mode, and at such times and in such prices and 
amounts, as the governor and a majority of the council 
shall deem for the best interest of the state. 

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

Approved May 4, 1872. 
An Act to provide for the collection of taxes upon bank Chap. S21 

SHARE8. ^' 

Be it enacted, Sfc, as follotvs : 

Section 1. It shall be the duty of the cashier of every ^^^|'j"t'o/"'■■ 
national banking association established within this Com- shareholders to 
monwealth, to make and deliver to the assessors of the city fownThe^e 
or town in which such association or bank is located, on or bank is located, 
before the tenth day of May in each year, a list, verified by 
the oath of such cashier, showing the name of each share- 
holder, with his residence, and the number of shares belong- 
ing to him on the first day of said May, as the same then ap- 
peared on the books of the bank. 

Section 2. Immediately upon obtaining such list the Assessors to 

f. , ., ,•' "^ . I'l 11 1. transmit to tax 

assessors oi each city or town m which any such bank is commissioner 
located shall transmit to the tax commissioner a statement, estini*fte vaTue^ 
which shall include a true copy of such list, and also an of shares. 
estimate of the fair cash value of the shares of said bank on 
the said first day of May, and of the value of the real estate ' 
owned by said bank on said first day of May, as assessed by 
them, as assessors of said city or town. 

Section 3. It shall be the duty of the tax commissioner Tax commis- 
to transmit, on or before the first day of July in each year, uMtLtemeTt' 
to the assessors of each city or town, where any person named where shTe- 
as a shareholder in any of said banks is stated in any of said I'oiciers re^side, 
statements to reside, or where any corporation named as a is located. 
shareholder in any of said banks is stated in any of said 
statements to be located, a copy of such statement so con- 
taining the names of such persons or corporations. 

Section 4. The assessors of each city and town where Assessors to 
any persons or corporations so named as a shareholder in any Te^s*^ propo?-*^' 
of such banks resides or is located as aforesaid, shall, if the of "alue^oT Jeai 
personal property of such person or corporation be not ex- ?^^^^^ bai^^" 



252 



1872.— Chapter 321. 



Savings banks 
not to be taxed 
for shares In 
national banks. 



Shares held by 
non-residents 
to be taxed 
where bank is 
located. 



Shareholder to 
notify casliier 
of place of res- 
idence. 

To be deemed 
resident where 
bank is located, 
upon failure to 
notify. 



Assessors 
where bank is 
located to be 
notified, if 
shareholders 
are not resi- 
dents as de- 
scribed in state- 
ment. 



empted from taxation by virtue of the fifth section of the 
eleventh chapter of the General Statutes, assess the shares in 
such banks of such persons or corporations, at the estimated 
value thereof as given in said statement, less the proportion- 
ate part of the value of the real estate belonging to such 
bank, as given in said statement, but not at a greater rate 
than is assessed upon other moneyed capital in the hands of 
individual citizens and subject to taxation in said city or 
town ; but no savings bank or institution for savings, incor- 
porated under the laws of this Commonwealth, including the 
Mercantile Savings Institution in the city of Boston, other- 
wise taxed under the laws of this Commonwealth, sliall be 
taxed for its investments in the shares of national banks 
within this Commonwealth. 

Section 5. All shares in said banks held by non-residents 
of the Commonwealth shall be assessed in the cities or towns 
where such banks are located, at the estimated value thereof 
as given in said statement, less the proportionate part of the 
value of the real estate belonging to such bank as given in 
said statement, but not at a greater rate than is assessed upon 
other moneyed capital in the hands of individual citizens and 
subject to taxation in said city or town. 

Section 6. It shall be the duty of every shareholder in 
any of said banks, whether person or corporation, to give 
notice to the cashier of the bank in which such person or 
corporation owns shares, before the first day of May, in each 
year, a true statement of the place of residence of such per- 
son or of location of such corporation, and keep such clerk 
so notified until the first day of May, in each year ; and any 
such shareholder neglecting or refusing to give to the cashier 
of the banks in which such person or corporation owns shares, 
before the first day of May, in each year, a true statement of 
the city or town where such shareholder resides oris located, 
shall, for the purposes of taxation on said shares, be deemed 
to be an inhabitant of, or located in the city or town where 
such bank is located ; but such person or corporation shall 
not be exempt from the payment of a tax legally assessed 
upon said shares in the city or town where such person or 
corporation resides or is located. 

Section 7. If the assessors of any city or town shall find, 
that any of the persons or corporations mentioned in any of 
said statements, so sent to them as above provided, as share- 
holders in any of such banks, and therein stated to be resi- 
dent or located in said city or town, are not resident or 
located therein, said assessors shall, on or before the first day 
of August, in each year, notify, in writing, the assessors of 



1872.— Chapter 321. 253 

the city or town where said bank is located, of the fact ; and 
said assessors of the city or town where said bank is located, 
shall assess said shareholders, if not exempted as herein be- * 
fore mentioned, at the rate of taxation of such city or town. 

Section 8. Any cashier of any of said banks or assessor Penalty for 
of any city or town, neglecting to comply with the provisions "^^siect. 
of this act, shall be liable to a penalty of five hundred dollars, 
to be recovered to the use of the Commonwealth, in an action 
of tort. * 

Section 9. Any tax so assessed shall constitute a lien Taxtoconsti- 
upon the shares in respect to which such assessment is made shares.'^" ^^^^ 
from the first day of May of the year in which the tax is laid 
until the same shall be paid ; and said taxes may be collected, 
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 Commonwealth for the non-payment 
of taxes. 

Section 10. In case of such neglect on the part of any Assessors to 
cashier of any such bank to make the lists herein before re- sha?ehoidlrs^if 
quired, the assessors of the city or town where such bank is f|g\'g'"°^^" 
located, shall, forthwith, upon such failure, proceed to obtain 
a list of shareholders of such bank, in all respects like the 
list required of said cashier. 

Section 11. Chapter three hundred and ninety of the Repeal of i87i, 
acts of the year eighteen hundred and seventy-one is hereby ^'''^' 
repealed ; but this repeal shall not revive any acts by said act 
repealed, or defeat any rights which have already accrued. 

Section 12. It shall be the duty of the assessors of each Assessors to 
city or town, upon request of any person resident in such ff^hares ex*.*^^ 
city or town, who is the owner of any shares in such banks emptfromtaxa- 

1 . I'l Ti •• n ^ *^°" under 

or other corporations which, under the provisions of the tenth tenth and thir- 
and thirteenth divisions of section five of chapter eleven of of*^G. s.W.TsT 
the. General Statutes would be entitled to exemption from 
taxation, to give such owner a certificate setting forth such 
fact, and it shall be the duty of the treasurer of such city or 
town, upon request therefor and the deposit with him of such 
certificate, to pay over to such owner the amount so collected 
in respect of such shares, under the provisions of chapter three 
hundred and ninety of the acts of the year eighteen hundred 
and seventy-one. 

Section 13. Assessors of any city or town in which any vaiue of shares 
national bank or banking association is located, for the pur- residents°to'be 
pose of ascertaining the rate at which taxes shall be assessed, vaiuatfon'^u^on 
shall omit from the valuation upon which the rate is to be which rate of 
based, the value of all shares held by non-residents of this based. 
state ; and no tax of any city or town shall be invalidated by 



254 



1872.— Chapter 322. 



Assessors to 
return to state 
treasurer as- 
sessment of 
shares of non- 
residents with- 
in ten days after 
assessment. 



Collections to 
be paid to state 
treasurer on 
lirst Monday in 
December. 



List required 
under lirst sec- 
tion and notice 
under sixtli sec- 
tion, to be made 
the present year 
on or before 
June 1, ls72. 



Chap. 322 



City charter 
amended. 
1870, 337, § 3. 



Street commis- 
sioners to fur- 
nish estimates 
of cost of lay- 
ing out, etc., 
streets, within 
sixty days. 
To lay out etc., 
streets wlien 
directed by two- 
thirds vote of 
each branch of 
city council. 



reason of any excess of the amount thereof over the aoaount 
to be raised in consequence of the provisions of this act. 

Section 14. It shall be the duty of the assessors to make 
return to the state treasurer, of the assessment of the shares 
of non-residents of this state in each bank in their respective 
cities and towns, within ten days after the assessment of the 
same ; and it shall be the duty of the collector of each city 
or town to use his best endeavors to collect the taxes so 
assessed. The treasurer of each town or city shall, on or be- 
fore the first Monday in December of each year, pay over to 
the state treasurer the amount of such tax so collected, less 
the cost of assessing and collecting the same. And the state 
treasurer may offset amounts due and payable by any city or 
town to the state, under this act, against amounts due from 
the state to such town or city. 

Section 15. The list of shareholders required to be made 
by the cashier under section one, and the notice required to be 
given to the cashier by the shareholders under section six of 
this act shall be made for the present year on or before the 
first day of June, and a tax shall be laid and collected, under 
the provisions of this act 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 of the present year. 

Section 16. This act shall take effect upon its passage. 

Approved May 4, 1872. 
Ax Act to amend an act to amend the chakter of the city of 

BOSTON. 

Be it enacted, c^c, as follows : 

Section three of chapter three hundred and thirty-seven 
of the acts of the year eighteen hundred and seventy, is 
hereby amended by striking out the word " twenty-five " and 
inserting in place thereof the word " ten " wherever it occurs 
in said section, and by striking out all after the word 
" therein " in said section. And whenever the city council 
shall request the board of street commissioners to furnish 
the estimated cost of laying out, altering or discontinuing 
any street, lane or alley in said city, said board shall furnish 
such estimates within sixty days thereafter ; and whenever 
the city council shall adjudge that the public safety and 
convenience require that any street, lane or alley in the said 
city shall be laid out, altered or discontinued, and shall by a 
two-thirds vote of the members of each branch thereof, 
direct the said board of street commissioners to lay out, 
alter or discontinue any such street, lane or alley, said board 
shall forthwith pcoceed so to lay out, alter or discontinue 
such street, lane or alley under the provisions of this act. 

Approved May 4, 1872. 



1872.— Chapters 323, 324, 325. 255 

An Act in addition to an act relating to the ^upport of QJiap, 323 

PAUPERS IN NEWLY INCORPORATED TOWNS. * 

Be it enacted, ^'c, as follows: 

Section 1. The first section of chapter two _ hundred fs^^^oj^'j"*!*** 
and eighty of the acts of the year one thousand eight hun- 
dred and seventy-two, is hereby amended by inserting after 
the words " chapter three hundred and ninety," the word 
" two." 

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

Approved May 4, 1872. 
An Act to extend the time for paying state aid to disabled nhnr^ S24 

SOLDIERS AND SAILORS AND THEIR FAMILIES, AND THE FAMILIES " ' 

OF THE SLAIN. 

Be it enacted, ^'c, as follows : 

Section 1. The operation of chapter one hundred and i^'^p^y^enfof 
seventy-two of the acts of the year eighteen hundred and ^|[;1gVgo|^|?ri^' 
sixty-six, and chapter one hundred and thirty-six of the etc., to jan'y i, 
acts of the year eighteen hundred .and sixty-seven, so far as ^^'^' 
they provide for the payment of state aid to disabled soldiers 
and sailors and their families, and for the families of the 
slain, residing in this Commonwealth, is hereby extended to 
the first day of January, in the year eighteen hundred and 
seventy-five : provided^ that the decease of a soldier who Proviso, 
was or shall be in the receipt of a pension from the United 
States and of state aid, at the time of his death, shall not 
prevent his family from receiving state aid under this act ; 
and provided, further, that town and city authorities shall Proviso, 
withhold the aid when, in their judgment, any person who 
is in receipt of a pension from the United States is not in 
necessitous circumstances or sufficiently disabled to prevent 
him from pursuing his ordinary and usual vocation. 

Section 2. Any city or town may raise money by tax- Towns may 
ation or otherwise, and, if necessary, apply the same, under taxfti"n"t7aid 
the direction of its selectmen or city council, to aid disabled ^|rsetc.^°^ 
soldiers and sailors and their families, and the families of 
the slain. 

Section 3. All acts and parts of acts inconsistent with Repeal, 
the provisions of this act are hereby repealed. 

Approved May 4, 1872. 

An Act in relation to certain matters op insurance. Chan '^9'^ 

Be it enacted, Sjc, as folloivs : 

Section 1. Sections seven and eight of chapter two hun- companies 
dred and forty-nine of the acts of the year eighteen hundred ^aplmTfnchfded 
sixty- three, relating to the impairment of capital, shall be ^'^ ^^^^' ~*^' 



256 



1872.— Chapter 325. 



§§ 7, 8, relating 
to impairment 
of capital. 

Not to insure, 
unless paid up 
capital amounts 
to $100,000. 



Stockholders' 
obligations, un- 
less secured as 
required by G. 
S. 58, § 31, not 
to be part of 
assets. 



General agent, 
after leaving 
the state, to 
receive pre- 
miums on poli- 
cies in force at 
time of with- 
drawal. 



If company- 
neglects to ap- 
point another 
general agent 
within 30 days, 
commissioner 
may appoint. 



Provisions of 
1871, 297, § 7 to 
apply. 



held to J include companies doing any kind of insurance 
business with a specific capital. 

Section 2. No insurance company having a specific 
capital shall insure property in this Commonwealth, nor con- 
tract for insurance with any residents thereof, unless its 
paid-up capital stock amounts to one hundred thousand dol- 
lars, to be invested in accordance with the provisions of 
section thirty-one of chapter fifty-eight of the General Stat- 
utes : provided, however, that nothing contained in this sec- 
tion shall apply to companies chartered with a capital of less 
amount. 

Section 3. Stockholders' obligations of any description 
not secured as required by the provisions of section thirty- 
one of chapter fifty-eight of the General Statutes, shall con- 
stitute no part of the capital stock or assets of any insurance 
company doing business in this Commonwealth with a 
specific capital. 

Section 4. In addition to the stipulations and agree- 
ments now required by seetion sixty-eight of chapter fifty- 
eight of the General Statutes, relating to the appointment 
of general agents or attorneys to accept service of process 
against insurance companies not incorporated by the legis- 
lature of this Commonwealth and doing business therein, it 
is hereby provided that said appointment shall stipulate and 
agree that the general agent or attorney of any such life 
insurance company withdrawing from the state or ceasing to 
do business therein, shall be authorized to accept payment 
of premiums thereafter falling due on policies remaining in 
force and held by its citizens in such company at the time 
of its withdrawal or cessation of business as aforesaid, and 
in case of the removal of said general agent or attorney 
from the Commonwealth, and the neglect of the company 
for thirty days to appoint a successor, the insurance commis- 
sioner shall have authority to make such appointment, which, 
with the payment of premiums as herein provided, shall 
have the same legal force and validity as if such company 
had continued its business in the Commonwealth. 

Section 5. The provisions of section seven of chapter 
two hundred and ninety-seven of the acts of the year eight- 
een hundred and seventy-one, relating to the taxation, 
duties, obligations and penalties appertaining to companies, 
associations and individuals doing an insurance business in 
this Commonwealth, shall apply to all companies, associations 
and individuals wherever formed or associated and doing 
any kind of insurance business therein. 



18'72.--Chapter 325. 257 

Section 6. Section sixty-nine of chapter fifty-eight of Ainendment to 
the General Statutes is hereby so far amended, that none " ' ' 
but general agents of life insurance companies incorporated 
sn other slates and doing business in this state, shall be 
required to give a bond to the treasurer and receiver-gen- 
eral, unless representing life insurance companies from 
states which impose taxes upon the premium receipts of life 
companies incorporated in this state and doing business in 
such other states. 

Section 7. All corporations, associations, partnerships or what corpora- 
individuals doing business in this state under any charter, sMps', etcTtote 
compact, agreement, or statute of this or any other state, f^eemed me in- 

V-' I T n t surance com- 

invoivmg an insurance, guaranty, contract, or pledge lor the panics. 
payment of annuities or endowments, or for the payment of 
moneys to families, or representatives of policy or certificate 
holders, or members, shall be considered and deemed to be 
life insurance companies within the meaning of the laws 
relating to life insurance within this state, and shall not 
make any such insurance, guaranty, contract, or pledge 
therein, or to or with any citizen or resident of this state, 
which shall not distinctly state therein the amount of such 
life benefits, the manner of payment, the period of the con- 
tinuance thereof, and the amount of the annual, semi- 
annual, or quarterly premium, or by which the payment of 
the life benefit assured shall be contingent upon the payment 
of assessments made upon surviving members, nor except in 
accordance with, and under the conditions and restrictions 
of the statutes now or hereafter regulating the business of 
life insurance : provided, that nothing in this section shall P''®^*^"- 
be held to conflict with the provisions of chapter one hun- 
dred and eighty-six of the acts of eighteen hundred and 
sixty-one. 

Section 8. Section one of chapter two hundred and t^^^^fl *" 
twenty-eight of the acts of the year eighteen hundred and 
seventy -two is hereby amended, so that the same shall read 
as follows, viz. : When (and so long as) any fire, marine, 
fire and marine, or fire and life insurance company, incor- 
porated or associated under the laws of any government or 
state other than one of the United States, which is or may 
be admitted to do business in this Commonwealth, in accord- 
ance with the laws thereof, invests, and keeps invested, in 
this Commonwealth, with the approval of the insurance 
commissioner thereof, the sums and amounts of money 
entitling such companies to do business in this Common- 
wealth, and not less than two hundred thousand dollars in 
amount, and annually, on or before the first day of Novem- 

33 



258 1872.— Chapters 326, 327. 

ber, pays a tax on the sums and amounts so invested, to the 
treasurer and receiver-general of the Commonwealth, at 
the average rate of taxation as obtained' by the tax commis- 
sioner, under the provisions of chapter two hundred eighty- 
three of the year eighteen hundred and sixty-five, said tax 
shall be received in lieu and in place of the tax now imposed 
upon premiums received by such company. Whenever and 
so long as any such company keeps invested such sum of 
not less than two hundred thousand dollars in any other or 
others of the United States, such company shall pay the tax 
on premiums provided by chapter two hundred and twenty- 
four of the acts of eighteen hundred and sixty-two, for 
companies incorporated by others of the United States, at 
the time and in the manner in said act prescribed. 
Repeal. SECTION 9. Scctiou fivc of chapter three hundred and 

forty-nine of the acts of eighteen hundred and seventy, is 
hereby repealed. 

Section 10. This act shall take effect upon its passage. • 

Approved May 4, 1872. 

CAflW. 326 ■^^ "^^^ ^^ AMEND AN ACT TO PROVIDE FOK THE FORMATION OF 
'■ ' LIBRARY CORPORATIONS 

Be it enacted, Sfc, as follows: 
Provisions of SECTION 1. Nothing Contained in the provisions of chap- 
be construed as ter two hundred and seventeen of the acts of the year 
ta?stock^ '^'^^^ eighteen hundred and seventy-two shall be construed to 

require library corporations, formed under the same, to 

have a capital stock, when it is otherwise provided in the 

agreement of association. 

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

Approved May 4, 1872. 

Chan 327 ^^ ^^^ ^^ encourage the manufacture of BEET SUGAR. 

Be it enacted, ^c, asfolloios: 

Machinery, etc., SECTION 1. Any city or town, for the term of ten years 

used in manu- n ^ n ^ • n • 

facture of beet ncxt after the passage of tins act, may exempt from taxation 
exfmpt^d^from for any purposc whatsoever, all the machinery, buildings, 
taxation. j.Qg^| estato and all other property owned by any individual 

or individuals, corporation or corporations, organized under 
any law of this state, and used exclusively in the business 
of manufacturing beet sugar : provided, that this exemption 
from taxation shall not apply to lands upon which beets are 
raised for the purpose of manufacture. 

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

Approved May 4, 1872. 



1872.— Chapters 328, 329, 330. 259 

An Act in addition to an act fixing the compensation of the QLnn 328 

MEMBERS OF THE LEGISLATURE, AND TO FIX THE COMPENSATION ^ 

OF THE LIEUTENANT-GOVERNOR AND COUNCIL. 

Be it enacted, iVc , as follows : 

Section 1. Every member of the senate or house of ^lem^er serv- 
representatives, who is chosen to fill a vacancy, and every to^receive pe™ 
member who resigns his seat during the session, shall be tlo^at^^oVt^' 
entitled to a per diem compensation for the time he was a fg"gg*J°'' *^® 
member, at the rate of seven hundred and fifty dollars for 
the session. 

Section 2. Members of the senate and house may draw May draw from 
from the treasury, upon certificates as now provided by law, Sfmonfh!*' 
at the end of each month one hundred dollars, provided, 
that such monthly payments shall not exceed in the aggre- 
gate the sum fixed by law as the salary of the member for 
the annual session. 

Section 3. The compensation of the lieutenant-governor compensation 
and council shall be as follows, viz. : for attendance at the enloTanlcoun- 
regular session held during the annual session of the legis- '=^^- 
lature, to the lieutenant-governor the sum of fifteen hun- 
dred 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, and for travel 
once in each session one dollar for every five miles from 
their several places of abode. 

Section 4. Section two of chapter fourteen of the Gen- Repeal. 
eral Statutes, is hereby repealed. 

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

Approved May 4, 1872. 

An Act in relation to the printing of the annual volumes nhn^ 32*5- 

OF ACTS AND RESOLVES. "' 

Be it enacted, §'c., as follows : 

Four thousand five hundred copies of the acts and re- 4,500 copies of 
solves known as the Blue Book shall hereafter be printed J^jft^i""'^*''''^" 
annually instead of the number now authorized by law. 

Approved May 4, 1872. 



An Act to amend an act concerning dogs, and for the protec 

TION of SHEEP AND OTHER DOMESTIC ANIMALS. 



Chap. 330 

Be it enacted, ^c, as follows : , 

Section 1. Any person becoming the owner or keeper of Dogstobereg- 
a dog after the first day of May, not duly licensed, shall ^f^«;-ed'ii««^'»*ed, 
cause said dog to be registered, numbered, described and 
licensed until the first day of the ensuing May, in the man- 
ner and subject to the terms and duties prescribed in section 



260 1812— Chapters 331, 332, 333. 

one of chapter one hundred and thirty of thff acts of the 
Proviso, year eighteen hundred and sixty-seven : provided^ that no 

dog shall be required to be licensed until it is three months 
old. 
h^e^dogH^ Section 2. Any owner of a dog may, at any time, have 

censed unm jt licensed until the first day of the ensuing May, upon pay- 
suing May, and ing the sum provided in section one of chapter one hundred 
fro^p^^auy and thirty of the acts of the year eighteen hundred and 
under 1867, 130, gixty-sevcu ; and such license shall exempt him from the 
penalty of section five of chapter one hundred and thirty of 
the acts of the year eighteen hundred and sixty-seven, 
unless such complaint is made prior to issuing the license. 

Approved May 4, 1872. 

Chap. 331 -^^ -^^'^ "^^ ^^^ '^^^ COMPENSATION OF OFFICERS OF COURT IN THE 
^' COUNTY OF SUFFOLK. 

Be it enacted, Sfc, as follows : 
Compensation SECTION 1. The officcrs in attendance upon the civil ses- 

of officers at- . n ■, • t • i ' ^ 

tending civil sious of the suprcmc judicial court and superior court 

c?aii*ds°c. in' iu the couuty of Suffolk, shall hereafter be paid four dollars 

suiioik county. ^^^^ gf|.y (jents a day for their attendance, and one travel 

each week, at the rate of five cents a mile, to be paid out of 

the county treasury, monthly or otherwise, as ordered by 

said courts. 

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

Approved May 4, 1872. 

Chcit). 332 -^^ -^^^ ^^ ^^-^ ^^^ SALARY OF THE ASSISTANT-CLERK OF COURTS 
■^' OF THE COUNTY OF NORFOLK. 

Be it enacted, Sfc, as follows : 

|a\^^i-y fixed at SECTION 1. Tlic assistaut-clcrk of courts of the county 
of Norfolk, shall, from and after the first day of April, in 
the year eighteen hundred and seventy-two, receive an 
annual salary of fifteen hundred dollars, payable in the 
manner now provided by law. 

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

Approved May 4, 1872. 

Chab 333 •^^ -^^^ ^^ ^^^ ^^^ salary of the ASSISTANT-CLERK OF THE 
■^' COURTS OF THE COUNTY OF MIDDLESEX. 

Be it enacted, ^c, as follows: 
Salary fixed at From and after the first day of April, in the year one 
thousand eight hundred and seventy-two, the assistant-clerk 
of the courts of the county of Middlesex, shall receive an 
annual salary of twenty-one hundred dollars. 

Approved May 4, 1872. 



$5U(J 



$2,100. 



1872.— Chapter 334. 261 

An Act to establish a board of public works in the city of Qfi^p^ 334 

SPRINGFIELD. ■* ' 

Be it enacted, §'c., as follotcs : 

Section 1. The city council of the city of Springfield Board of^pubiic 
may within one month after the passage of this act, elect on lished in the 
joint ballot, in convention, three able and discreet men, fleid?^^^""^' 
being inhabitants of said city, and legal voters, who shall 
constitute the board of public works of said city ; one of 
whom shall be chosen to hold office until the first Monday in 
April, in the year eighteen hundred and seventy-three, one 
to the first Monday in April, eighteen hundred and seventy- 
four, and one to the first Monday in April, in the year 
eighteen hundred and seventy-five, and until others are 
chosen and qualified in their stead ; and during the month 
of March, in the year eighteen hundred and seventy-three, 
and annually in the month of March thereafter, the city 
council shall on joint ballot, in convention, elect one man, 
qualified as aforesaid, to be a member of said board to serve 
for the term of three years from the first Monday of April 
thereafter, and until another is chosen and qualified in his 
stead. 

Section 2. Before entering upon the discharge of their Members to be 

• sworn. 

duties, the members of said board, elected under the provi- 
sions of this act, shall be sworn to the faithful discharge 
thereof. 

Section 3. Should a vacancy occur in said board, it J,^':^^]^^'^-^ ^^J^^ 
may be filled for the remainder of the term in which such biiiiot in cou- 
vacancy occurs by election by the city council by joint bal- ^'^"^^o'^ 
lot in convention. 

Section 4. It shall be the duty of said board to hold bS"*^**"^ 
hearings, investigate and report on all matters referred to 
them by the city council or mayor and aldermen, relating to 
the laying out, altering, widening, discontinuing, change of 
grade, or repairing of the streets of the city ; also on all 
matters so referred to them relating to the laying out, 
establishing, change of grade, constructing, paving, altering, 
repairing or repaving sidewalks therein ; and also on all 
matters so referred to them relating to the laying out, main- 
tenance, constructing, altering or repairing sewers and 
drains therein. 

Said board shall also perform such further duties relating 
to streets, bridges, sidewalks, sewers, drains or other public 
works, parks, squares and public places including the esti- 
mation of damages and betterments as the city council shall 
by city ordinance or order, not repugnant to law, from time 
to time prescribe or direct. ' i 



262 



1872— Chapter 335. 



City engineer 
to be clerk of 
the board. 



City may take 
land, etc., for 
maintaining 
sewers, etc. 



Word " street" 
to include high- 
way, etc. 
Compensation. 



Section 5. The city engineer shall be the clerk of said 
board. He shall make and keep a record of the doings of 
said board and certify the same when there is occasion 
therefor. He shall also make all plans and surveys required 
for the use of said board. In case of the absence or inabil- 
ity of said clerk to act, said board may appoint a temporary 
clerk to act in his place, who shall receive for his services 
such compensation as said board shall determine. 

Section 6. Said city council may taTce and hold, by pur- 
chase or otherwise, such land and water courses as they 
may deem necessary for the purpose of laying and main- 
taining sewers and drains : provided, that if any person 
shall sustain damages to his property by reason thereof, and 
shall fail to agree upon a settlement of the same with said 
city council, the same shall be assessed in the same manner 
as damages are assessed in the laying out of higliways. 

Section 7. The word street in this act shall include 
highways, town ways, lanes and alleys. 

Section 8. The members of said board of public works 
shall receive such compensation for their services as the 
city council may by ordinance establish. 

Section 9. This act shall take effect upon its acceptance 
by the city council. Approved May 4, 1872. 



Chap. 335 



Wakefield and 
Stoneham to be 
supplied with 
pure water. 



Water may be 
taken from 
Lake Quanua- 
powitt and 
Crystal Lake. 



An Act to supply the towns of wakefield and stoneham 

WITH AVATER. 

Be it enacted, Sfc, as folloios : 

Section 1. Cyrus Wakefield, Lucius Beebe, James F. 
Emerson, John Hill, H. H. Mawhinney, Onslow Gilmore, 
Francis H. Knight, their associates and successors, are 
hereby made a corporation under the name of the Quanna- 
powitt Water Company, for furnishing the inhabitants of 
Wakefield and Stoneham with 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, so far as the same are applicable 
to this corporation. 

Section 2. Said corporation, for the purpose aforesaid, 
may take, hold and convey, into and through said towns, 
the waters of Lake Quannapowitt or Crystal Lake, or both, 
in the town of Wakefield, together with the tributary waters 
which flow to either in said towns, and may take and hold 
by purchase or otherwise, such land, on and around the 
margin of such lake or lakes, or tributaries, not exceeding 
five rods in width, as may be necessary for the preservation 
and purity of said waters ; and may also take and hold in 



1872.— Chapter 335. 263 

like manner, such lands as may be necessary for erecting 
and maintaining dams and reservoirs, and for laying and 
maintaining conduits, pipes, drains and other works, for 
collecting, conducting and distributing such waters through 
said towns of Wakefield and Stoneham. The said corpo- Description of 
ration shall, within sixty days from the time of taking any b'J'flied'krreg'is- 
land as aforesaid, file in the registry of deeds for the county try of deeds. 
of Middlesex, a description of the land so taken, sufficiently 
accurate for identification, and state the purpose for which 
it is taken. 

Section 3. Said corporation may build aqueducts, and ^^f^^^'et^^'i"®" 
maintain the same by any works suitable therefor ; may 
erect and maintain dams ; may make reservoirs and hydrants, 
and may distribute the water throughout said towns of 
Wakefield and Stoneham, by laying down pipes, and may 
establish the rent therefor. 

Said corporation 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 obstruct the same ; and may enter upon and dig up 
any road, under the direction of the selectmen of the said 
towns respectively, in such manner as to cause the least 
hindrance to the travel thereon. 

Section 4. Said corporation shall be liable to pay all J^'lmlffes ^""^ 
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 
sustain damage as aforesaid, cannot agree with said corpo- 
ration upon the amount of said damages, he may have them 
assessed in the same manner as is provided by law, with 
respect to land taken for highways ; and all damages for the 
taking of lands for the purposes aforesaid shall be paid for 
by said corporation before entering upon said lands. 

Section 5. No application shall be made to the county No application 

r .-I i. r T r , 1 , 1 • to be made for 

commissioners for the assessment oi damages tor tiie taking damages for 
of any water rights until the water is actually withdrawn rfghts^mti^ 
or diverted by said corporation. Any person whose water ^,f**u^gfte^^' 
rights are thus taken or affected, may apply as aforesaid, at ' 
any time within three years from the time when the water is 
actually withdrawn or diverted. 

Section 6. Said corporation may hold, for the purposes Real estate, 
aforesaid, real estate to the amount of one hundred thou- 
sand dollars, and its whole capital stock shall not exceed 
three hundred and fifty thousand dollars, which shall be 
divided into shares of one hundred dollars each. And no 



264 



1872.— Chapter 335. 



Capital stock 



Penalty for ma- 
liciously divert- 
ing water or 
rendering it 
impure. 



Wakefield and 
Stoueham or 
either of them 
may purchase 
franchise with- 
in three years. 



Towns may 
issue scrip for 
defraying cost 
of fi'anchise. 



liability shall be incurred by said corporation until at least 
thirty thousand dollars of its capital shall have been paid in 
in cash. 

Section 7. Any person who shall maliciously divert the 
water, or any part thereof, of the sources which shall be 
taken by the 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 said corporation for the purposes of 
this act, shall pay three times the amount of actual damages 
to the said corporation, to be reeovered in an action of tort ; 
and every 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 8. The towns of Wakefield and Stoneham, or 
either of them, in case the other declines to participate in 
said purchase, may at any time within three years from the 
time this act takes effect, take or purchase the franchise of 
said corporation and all its corporate property, by paying 
therefor the amount expended for the construction, main- 
tenance and repairs of said water works, and all necessary 
incidental expenses, together with interest thereon at the 
rate of ten per centum per annum, less the amount derived 
therefrom, with interest thereon at the rate aforesaid, and 
may assume all its rights and privileges from the corpo- 
rators aforenamed. And in case said towns cannot agree as 
to the portion of said amount to be paid by each, the 
supreme judicial court or any justice thereof upon appli- 
cation of either town so purchasing, shall appoint three 
commissioners to award the amount to be paid by each, 
which award shall be final. 

Section 9. For the purpose of defraying the cost of 
such franchise, corporate property, lands, water 5,nd water 
rights as are taken, purchased or held for the purposes 
aforesaid, and for constructing works necessary and proper 
for the accomplishment of the purposes authorized by this 
act and paying all expenses incident thereto, each of said 
towns may issue from time to time scrip, notes or certif- 
icates of debt ; the town of Wakefield to an amount not 
exceeding two hundred thousand dollars ; the town of 
Stoneham to an amount not exceeding one hundred and 
fifty thousand dollars. Such scrip issued by the town of 
Wakefield shall be denominated on its face Wakefield Water 
Fund Bonds ; that issued by the town of Stoneham shall be 



1872 — Chapter 335. 265 

denominated on its face Stoneham Water Fund Bonds. All fu^c^e^s" nofex- 
sucli scrip shall bear interest at a rate not exceeding seven ceeding seven 

11 • 11 1 • ii percent. 

per centum per annum, payable semi-annually, and the 
principal shall be payable at periods of not more than twenty 
years from the issuing of said scrip, notes or certificates, 
respectively. And such town may sell the same or any part 
thereof from time to time, or pledge the same for money 
borrowed for the purposes aforesaid, on such terms and con- 
ditions as such towns shall deem proper. And each of said 
towns is further authorized to make appropriations and 
assess from time to time, such amounts, not exceeding in 
any one year the sum of ten thousand dollars, towards pay- 
ing the principal of the money so borrowed, except in the 
year when the same may become due, and also a sum suf- 
ficient to pay the interest thereon in the same manner as 
money is assessed and appropriated for other town pur- 
poses. 

Section 10. When said towns or either of them shall when franchise 

1 ,!/• !• i-ij T.is purchased, 

assume or purchase the iranchise, property, rights and priv- towns to exer- 
ileges of the corporation established by this act, said town confeJredupon 
or towns shall hold and may exercise all the powers and corporation, 
authority conferred upon said corporation by this act, and 
shall be subject to all the restrictions, duties and liabilities 
herein imposed on said corporation, and may act by such 
commissioners, three in number from each town, as the 
selectmen of each town shall from time to time appoint ; 
and said town or towns shall be liable to pay all damages to 
which said corporation shall have become liable and shall 
not have paid. 

In case both towns shall have united in assuming or pur- water commis- 
chasing the franchise and property of said corporation, the poTntLi by^ "^' 
commissioners appointed by the selectmen as aforesaid shall selectmen. 
constitute a joint board of water commissioners, who shall 
have power to regulate and control the use of the water of 
said lake, and exercise all the powers and authority con- 
ferred by this act ; and said towns, in case they shall have 
united as aforesaid, shall be jointly liable to persons having 
claims under this act ; but the apportionment between the 
towns of any expenses incurred under this act, and the 
determination of any other question which shall arise 
between said towns, under this act, shall be made by said 
joint board, and in case said commissioners shall be equally 
divided upon any question, it shall be determined in the 
manner heretofore provided in the eighth section of this 
act for apportioning the amount to be paid for the franchise 
and property of said corporation. 
34 



266 1872.— Chapter 335. 

In case one of said towns shall alone assume or purchase 
said franchise and property under the provisions of this act, 
its commissioners shall have the powers conferred by this 
section upon said joint board. 
wa?er toVr °^ SECTION 11. The rcuts received for the use of water 
™!rry.*°'^'^ within the limits of each town shall, when collected, be paid 
over to the treasurer of the town, and after the payment 
therefrom of the semi-annual interest upon said scrip, and 
after deducting all charges of distribution and repairs and 
other expenses incident to the same, shall be set apart with 
all amounts appropriated from time to time by said town, 
for the payment of the principal sum of said scrip as a sink- 
ing fund, which with the accumulated interest upon the 
same shall be devoted to the payment of said scrip of said 
K'tabushed." ^own at maturity. Said sinking fund may be invested in 
the scrip authorized by this act, at a price not exceeding its 
par value, or on such loans or in such securities as by law 
the funds of savings banks may be invested in, except that 
no portion of the same shall be loaned directly or indirectly 
to either of said towns, or upon mere personal security, 
iinwnffund to SECTION 12. The accouuts of such sinking funds shall be 
be kept sepa- kept apart from the other accounts of the town, and in each 
town accounts, towu shall at all timcs be open to the inspection of the 
water commissioners of said town.- The treasurer of each 
town shall annually make a written report to the town at its 
annual meeting of the condition of the fund of the town, 
and the changes of investment during the then preceding 
year. The selectmen and water commissioners shall jointly, 
as often as once in each year, examine the accounts and 
securities of the fund, and shall report the result of their 
examination to the town, in connection with the report of 
the treasurer. 
Wakefield tobe SECTION 13. It is hereby provided that if in the future, 
with water. the supply of Water shall prove insufficient for more than 
one town, for domestic purposes, the town of Wakefield 
shall be first supplied. 
Keadingnot SECTION 14. Nothing in this act shall be construed to 

prGcluciGQ irorn. 

taking water if prcclude the right of the town of Reading to take water 
fe'^'^^siature.^^ from either or both of said lakes, whenever so authorized by 
the legislature. 

Section 15. This act shall take effect upon its passage. 

Approved May 4, 1872. 



1872.— Chapter 336. 267 

An Act to supply the town of west roxbury with water. Chap. 336 
Be it enacted, ^'c , as folloios : 

Section 1. The town of West Roxbury is hereby author- west Roxbury 
ized to take, liold, arid convey into and through said town, with wa^w^ 
sufficient water from Charles River, at any convenient point itTven ^'^"^^^^ 
upon the same, for the use of said town and the inhabitants 
thereof, not exceeding fifteen hundred thousand gallons 
daily, for the extinguishment of fires, and for domestic and 
other purposes ; and may also take and hold by purchase or 
otherwise, any lands or real estate necessary for laying and 
maintaining aqueducts or pipes, constructing or maintain- 
ing reservoirs and such other works as may be deemed 
necessary or proper for raising, forcing, retaining, distribut- 
ing, discharging or disposing of said water. 

Section 2. The town of West Roxbury shall, within To aie in regis- 
sixty days from the time it shall take any lands for the wfthin s^xty 
purposes of this act, file in the registry of deeds of the t/on^f land^* 
county and district in which such lands lie, a description of taken. 
the lands so taken as certain as is required in a common 
conveyance of lands, and a statement of the purposes for 
which they were taken, which description and statement 
shall be signed by a majority of the selectmen. 

Section 3. Said town may make, build and lay down May buiw aque- 
aqueducts and pipes from said source to, into, through and dams'and^reser- 
about said town, and secure and maintain the same by any voirs, etc. 
works suitable therefor ; may erect and maintain dams to 
raise and retain the water taken ; may construct and main- 
tain reservoirs within or without said town ; and may make, 
erect and maintain, and carry on such other works as may be 
necessary or proper for raising the water into the same, and 
forcing and distributing the water through and about said 
town ; may make and establish such public hydrants and foun- 
tains in such places in said town as may, from time to time, be 
deemed proper, and prescribe the purposes for which the 
same may be used, and may change or discontinue the same ; 
may distribute the water throughout said town, and for this 
purpose may lay down pipes to any house or building in 
said town, the owner or owners thereof having notice and 
not objecting thereto ; may regulate the use of said water, 
and establish, receive and collect the prices or rents to be 
paid therefor ; and said town may, for the purposes afore- 
said, carry and conduct and maintain any aqueducts, pipes 
or other works, by them to be made, laid down or conducted 
over, under, through or across any water-course, canal, 
street, bridge, railroad, highway or other way, in such a 
manner as not to obstruct the travel or free use thereof; 



268 . 1872.— Chapter 336. 

may enter upon and dig up any such road, street or way 
for the purpose of laying down pipes beneath the surface 
thereof, and for maintaining and repairing the same, and in 
general may do any other acts and things necessary or con- 
venient and proper for carrying out the purposes of this act. 
* Slr'cfsed'r Section 4. The rights, powers and authorities given to 

such commis- said towu by this act shall be exercised by said town snlyect 
age'nTs^as^town to the restrictions, duties and liabilities herein contained, in 
may direct. sucli manner and by such commissioners, officers, agents 
and servants as said town shall from time to time choose, 
ordain, appoint and direct. Such commissioners, officers or 
agents shall be subject to such ordinances, rules and regula- 
tions in the execution of their trust as the town may from 
time to time ordain and establish not inconsistent with the 
provisions of this act and the laws of the Commonwealth. 
buT^water' Section 5. For the purpose of defraying the cost and 

Scrip "may be expcuses whicli may be incurred under the provisions of 
cee"d1ng $600^- this act, the town of West Roxbury, through its treasurer, 
cent*interesr'^ shall have authority to issue from time to time, notes, scrip 
or certificates of debt, to be denominated on the face thereof 
West Roxbury Water Scrip, to an amount not exceeding six 
hundred thousand dollars, bearing interest not exceeding 
seven per centum per annum, payable semi-annually ; the 
principal shall be payable at periods not more than thirty 
years from the issuing of said notes, scrip or certificates 
respectively. Said treasurer, under the authority of said 
town, may sell the same or any part thereof, from time to 
time, or pledge the same for money borrowed for the pur- 
poses aforesaid, on such terms and conditions as he may 
deem proper, or as may be prescribed by the town. Said 
town is further authorized to make appropriations, and 
assess from time to time such amounts not exceeding in one 
year the sum of twenty thousand dollars towards payment 
of the principal of the money so borrowed, and also a sum 
sufficient to pay the interest thereof, in the same manner as 
money is assessed and appropriated for other town purposes. 
Liability for SECTION 6. . The Said towu of Wcst Roxbury shall be 

amagea, e . jj^^^^jg ^^ ^^^ ^ll (jaQjaggg ^j^^j; shall be sustained by any per- 
son or persons in their property, by the taking of the waters 
of said Charles River or other source of supply, or any part 
thereof, as authorized by 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 wliich 
shall be taken as aforesaid, or other person or persons sus- 



1872.~Chapter 336. 269 

taining damages as aforesaid, shall not agree on the dam- 
ages to be paid therefor, he or they may apply by petition 
for an assessment of the damages at any time within three Assessment of 
years from the taking of the said property, or the construe- "la^^g^^- 
tion of dams or other works occasioning damages as afore- 
said, and not afterwards, to the superior court in the county 
in which the same are situated. Such petition may be filed 
in the clerk's office of said court, in vacation or in term 
time, and the clerk shall thereupon issue a summons to the 
said town of West Roxbury, returnable, if issued in vaca- 
tion, at the next term of the said 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 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 clerk of said town ; and the 
said court may, upon default or hearing of said town, 
appoint three disinterested persons, who shall, after reason- 
able notice to the parties, assess the damages, if any, which 
such petitioner may have sustained as aforesaid ; and the 
award of the said persons so appointed, or a major part of 
them, being returned into and accepted by the said court, 
shall be final, and judgment shall be rendered and execu- 
tion issued thereon for the prevailing party, with costs, 
unless one of said parties shall claim a trial by jury as 
hereinafter provided. 

Section 7. If either of the parties mentioned in the if dissatisfied 
sixth section shall be dissatisfied with the amount of damage pinieTmly 
awarded, as therein expressed, such party may, at the term jiavetriaiby 
at which such award was accepted, or the next term there- ^"'^ 
after, claim in writing, a trial in said court, and have a jury 
to hear and determine, at the bar of said court, all questions 
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 proceedings relating to the laying out of highways. Town may 

Section 8. In every case of a petition to the superior ?or'dama'^°es*'^ 
court for the assessment of damages as provided in this act, 
the town 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 damages by him sus- 



270 



1872.— Chapter 336. 



May make re- 
servoirs, dams, 
etc., at source 
of river or 
streams, and 
make contracts 
witli mill-own- 
ers upon 
Charles River, 
etc., by which 
they shall con- 
tribute to ex- 
pense of mak- 
ing the same. 



May declare by 
vote the (quan- 
tity of water to 
be taken. 



To provide a 
reliable mctliod 
for measuring 
the amount of 
water taken 
from Charles 
River. 



tained or claimed in liis petition ; and if the complainant 
shall not accept the sum with his costs up to that time, but 
shall proceed in his suit, he shall be entitled to his costs up 
to the time of the tender of such payment into court, and 
not afterwards, unless the complainant shall recover greater 
damages than were so offered. 

Section 9. Said town may also, for the purpose of col- 
lecting water and supplying the same to said river, make and 
maintain, upon or near said river, or the streams flowing 
into the same, or at, upon or near the source of said river 
or streams, any reservoirs, dams or other suitable structures, 
and may take and hold, by purchase or otherwise, such real 
estate, water, water rights or easements as may be necessary 
or convenient for that purpose. Said town may make any 
contracts with the proprietors of mills on Charles River, or 
with the owners of any mills on Charles River, Mother 
Brook or Neponset River, or with other towns which now 
are or may be hereafter authorized to take water from 
Charles River, by which said proprietors or owners or towns, 
or any of them, shall contribute to the expense of making 
and maintaining said dams, reservoirs or other suitable 
structures, and of taking or purchasing any water, water 
rights, lands or easements for the purpose of collecting 
water and supplying the same to Charles River as aforesaid. 
The outlet from any reservoir established under this act, 
for the collection of water, shall be under the control of 
said proprietors. And said town may unite and agree with 
any other town or towns authorized to take water from said 
river, in making and maintaining suitable works and struc- 
tures for their joint use under this act. 

Section 10. The town of West Roxbury may by a vote 
of said town declare the quantity of water proposed to be 
taken, not exceeding fifteen hundred thousand gallons daily, 
such vote to be passed not less than six months before the 
waters shall be withdrawn from said river, and a copy of 
such vote being filed in the registry of deeds for Norfolk 
county, within sixty days thereafter ; the terms thereof shall 
be held to be the measure and limit of the right of said town 
to take or divert the waters of said river under this act ; 
and in case of a joint taking by any towns under this act, 
the provisions of this section shall apply to such towns 
jointly, so far as any damage results from such joint taking. 

Section 11. It shall be the duty of said town to provide 
some reliable means or method of measuring and registering 
the amount of water taken from said Charles River, as soon 
as they commence taking the same, such register or record 



1872.— Chapter 336. 271 

to be accessible at all times to any interested parties ; and 
if the owners of any water rights in the waters of said river, 
and said town, shall fail to agree upon the mode of meas- 
urement, the method shall be fixed by one or more engineers, 
to be appointed upon the application of either party, by any 
justice of the supreme judicial court. And if at any time 
said town shall take a larger quantity of water from Charles 
River than it shall have determined by said vote under the 
tenth section of this act, it shall be liable in an action of 
tort to any mill owner for any such damage he may have 
suffered, and may be restrained by injunction from taking 
such larger quantity of water by any such mill owner or 
other party. 

Section 12. No application shall be made to the court no application 

to DG DltiQG for 

for the assessment of damages for the taking of any water damages until 
rights, or for any injury thereto, until the water is actually aVy withdrawn. 
withdrawn or diverted by said town under the authority of 
this act. 

Section 13. If any person shall use any water taken under Penalty for un- 
this act without the consent of said town, or shall wantonly OT^ihertrng"^ 
or maliciously divert the water, or any part thereof, taken -ngf^impure^^" 
or held by said town, 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 
town under the authority of and for the purposes of this 
act, he shall forfeit and pay to said town three times the 
amount of the damage 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 exceeding one year. 

Section 14. The occupant of any tenement shall be liable occupant of 
for- the payment of the rent for the use of the water in §uch fo? ^^'ter rLlel! 
tenement, and the owner shall also be liable, if, on being 
notified of such use, he does not object thereto. 

Section 15. The water taken under this act shall not be water may be 
used in any way as a motive power, except for generating auug'^t'iifm?'^' 
steam. 

Section 16. Chapter three hundred and forty- three of Repeal. 
the acts of the year eighteen hundred and sixty-seven is 
hereby repealed. 

Section 17. Nothing in this act shall be construed to Existing right 
affect any existing right of said town to draw water from n°ot''afl^ctedf'^ 
said river. 



272 



1872.— Chapter 337. 



Subject to ac- 
ceptance by 
vote of town. 



Cha^. 337 



Waltliara to be 
supplied with 
pure water. 



May take water 
from Charles 
Kiver or Stony 
Brook. 

Proviso. 



To file in regis, 
try of deeds 
within ninety 
days, descrip- 
tion of land 
taken. 



Section 18. This act shall take effect upon its passage, 
and shall become void, unless accepted by a majority of the 
legal voters of said town present and voting thereon, at a 
legal meeting held within two years from the time of its 
passage. Approved May 4, 1872. 

An Act to supply th£ town of waltham with water. 
Be it enacted^ Sfc, as follows: 

Section 1. The town of Waltham is hereby authorized 
to supply itself and its inhabitants with pure water to ex- 
tinguish 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 
collect such rents as may be fixed for the use of such water. 

Section 2. Said town, for the purposes aforesaid, may 
take the water of Charles River in Waltham or Stony Brook, 
within said town, or in Weston, contiguous to said town, and 
any water rights connected therewith : provided^ that noth- 
ing in this act shall prevent the inhabitants of the town of 
Weston from enjoying the several rights they now enjoy to 
the water of Stony Brook ; and may convey said waters, or 
any part thereof, into and through said town ; and may also 
take and hold, by purchase or otherwise, all necessary lands 
for raising, flowing, holding, diverting, conducting and pre- 
serving such waters, and conveying the same to any and all 
parts of said town ; and may erect thereon proper dams, 
reservoirs, buildings, fixtures and other structures, and 
make excavations and embankments, and procure and run 
machinery therefor ; and for such purposes may construct 
and lay down conduits, pipes and drains in, under or over 
any lands, water-courses, roads or railroads, and along any 
street, highway, alley or other way other than a railway, in 
such manner as not to unnecessarily 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, raise and embank 
any such lands, street, highway, alley or other way, in such 
manner as to cause the least hindrance to travel thereon ; 
but all things done upon any railroad shall be subject to the 
direction of the county commissioners for the county of 
Middlesex : provided^ that within ninety days after the time 
of taking any lauds, ponds or water rights as aforiesaid, 
otherwise than by purchase, said town shall file, in the regis- 
try of deeds for the southern district of the county of Mid- 
dlesex, a description thereof sufficiently accurate for identi- 
fication, with a statement of the purpose for which the same 



1872.— Chapter 337. 273 

is taken, signed by the water commissioners hereinafter 
named. 

Section 3. The said town of Waltham shall be liable to Liability for 
pay all damages that shall be sustained by any person or ''"^''»^*- 
persons in their property, by the taking of the waters of said 
Charles River, or other source of supply, or any part there- 
of, as authorized by 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, reser- 
voirs, 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 sustaining 
damages as aforesaid, shall not agree on the damages to be 
paid therefor, he or they may apply by petition for an assess- Assessment of 
ment of the damages at any time within three years from ^^^^^^' 
the taking of the said property, or the construction of dams 
or other works occasioning damages as aforesaid, and not * 

afterwards, to the superior court in the county in which the 
same are situated. Such petition may be filed in the clerk's 
office of said court, in vacation or in term time ; and the 
clerk shall thereupon issue a summons to the said town of 
Waltham, returnable, if issued in vacation, at the next term 
of the said 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 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, ^nd of the said 
petition, certified by the officer who shall serve the same, 
with the clerk of said town ; and the said court may, upon 
default or hearing of said town, 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 so 
appointed, or a major part of them, being returned into and 
accepted by the said court, shall be final, and judgment shall 
be rendered and execution issued thereon for the prevailing 
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 if dissatisfied 
third section, shall be dissatisfied with the amount of damage pa\ties^iy' 
awarded, as therein expressed, such party may, at the term -Jfry^ ^"^' ^^ 
at which such award was accepted, or the next term there- 
after, claim, in writing, a trial in said court, and have a jury 
to hear and determine, at the bar of said court, all questions 
of fact relating to such damages, and to assess the amount 

35 



274 



1872.— Chapter 337. 



Town may 
make a tender 
for damages. 



Waltham water 
bonds may be 
issued not ex- 
ceeding $250,- 
000, at seven 
per cent, inter- 
est. 



Water commis- 
sioners to be 
elected by bal- 
lot. 



To serve for 
three years, 
after the first 
election. 



thereof ; and the verdict of the jury being accepted and re- 
corded 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 5. In every case of a petition to the superior 
court for the assessment of damages, as provided in this act, 
the town may tender to the complainan);, 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 complainant 
shall not accept the sum with his costs up to that time, but 
shall proceed in his suit, he shall be entitled to his costs up 
to the time of the tender of such payment into court, and 
not afterwards, unless the complainant shall recover greater 
damages than were so offered. 

Section 6. For the purpose of paying all necessary 
expenses and liabilities incurred under the provisions of 
this act, said town shall issue coupon bonds, signed by the 
treasurer, and countersigned by the chairman of selectmen 
of said town, to be denominated " Waltham Water Bonds," 
to an amount not exceeding two hundred and fifty thousand 
dollars, payable at periods not exceeding thirty years from 
the date thereof, with interest semi-annually at a rate not 
exceeding seven per centum per annum ; and said town 
may sell said bonds at public or private sale, or pledge the 
same for money borrowed for the purposes of this act, upon 
such terms and conditions as it may deem proper, and may 
raise money by taxation to pay said bonds and interest 
thereon when due ; but said town shall not raise more than 
ten thousand dollars in any one year to pay the principal 
of said bonds, except the year in which the same may 
become due. 

Section 7. Three persons to be elected by ballot by said 
inhabitants, as hereinafter provided, shall form a board of 
water commissioners, who shall execute, superintend and 
direct the performance of all the works, matters and things 
mentioned in this act, and exercise all the rights, powers 
and privileges hereby granted, and not otherwise specifically 
provided for herein, subject to the vote of said town. 

Section 8. At any special or annual meeting of the inhab- 
itants of said town, called for the purpose, one of said board of 
water commissioners shall be elected for a term ending one 
year, one for a term ending two years, and one for a term end- 
ing three years from the next succeeding annual town meet- 



1872.— Chapter 337. 275 

ing ; after which first election one-third of said board, as the 
term expires, shall be elected at the annual town meeting for the 
term of three years. Said commissioners shall receive such 
salaries or compensation as said town by vote may prescribe, 
and a majority of said commissioners shall be a quorum for 
the exercise of the powers and duties prescribed by this act. 

Section 9. Said water commissioners shall establish such Provisions for 
prices or rents for the use of the water, as to provide bonds*!'^*"^ 
annually, if practicable, from the net income and receipts 
therefor, for the payment of the Waltham water bonds, and 
also after three years from the introduction of the water 
into said town, for the further payment of not less than one 
per centum of the principal of said bonds. The net sur- 
plus income and receipts, after deducting all expenses, 
interest and charges of distribution, shall be set apart as a 
sinking fund, and applied solely to the payment of the prin- sinking fund. 
cipal of said bonds until the same are fully paid and dis- 
charged. Said water commissioners shall be trustees of said 
fund, and shall annually, and as often as said town may 
require, render an account of all their doings in relation 
thereto. 

Section 10. At any time after the expiration of three water rates 
years from the introduction of said water into said town, ^rafterthJir" 
and before the reimbursement of the principal of the said J^f^^^ "umcie^t 
Waltham water bonds, if the surplus income and receipts to pay accruing 
for the use of water distributed under this act, at the price per cent, to 
established by the water commissioners, after deducting all "'^^^"^ ^"^^• 
expenses and charges of distribution, shall for any two suc- 
cessive years be insufficient to pay the accruing interest on 
said bonds, and the one per cent, to the sinking fund as 
aforesaid, then the supreme judicial court, or any justice 
thereof, on the petition of sixty or more of the legal voters 
of said town, praying that said price may be increased so 
far as may be necessary for the purpose of paying, from 
said surplus income and receipts, said accruing interest, 
and said one per cent, to the sinking fund, and upon due 
notice of the pendency of such petition, given to said town, 
in such manner as said court shall order, may appoint three 
commissioners, who, upon due notice to the parties inter- 
ested, may raise and increase said price if they shall judge 
proper, so far as may be necessary for the purpose aforesaid, 
and no further ; and the award of said commissioners, or 
the major part of them, being returned to the said court at 
the next term thereof for the southern district of the county 
of Middlesex, and accepted by the said court, shall be bind- 
ing and conclusive for the term of three years next after 



276 



1872.~Chapter 337. 



Occupant of 
tenement liable 
lor water rates. 



Penalty for un- 
lawfully using 
or diverting 
water or ren- 
dering it im- 
pure. 



Town may de- 
clare by vote 
the quantity of 
water to be 
taken. 



To provide a 
reliable method 
for measuring 
the amount of 
water taken. 



the said acceptance, and until the price so fixed shall, after 
said term, be changed by said water commissioners or by 
said town. 

Section 11. The occupant of any tenement shall be 
liable for the payment of the rent for the use of the water 
in such tenement, and also the owner thereof shall be liable, 
if, on being notified of such use, he does not object thereto. 

Section 12. Any person who shall use any of said 
water without the consent of said town, except as herein 
before provided, or who shall wantonly or maliciously divert 
the water, or any part thereof, taken, held or used under 
the provisions of this act, or who shall wantonly or mali- 
ciously corrupt the same, or render it impure, or who shall 
wantonly or maliciously destroy or injure any dam, conduit, 
aqueduct, pipe or hydrant, or other property, real or per- 
sonal, 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 per- 
son, on conviction of either of the wanton or malicious acts 
aforesaid, shall be punished by fine not exceeding one hun- 
dred dollars, or imprisonment not exceeding six months, or 
both said penalties. 

Section 13. The town of Waltham may, by a vote of 
said town, declare the quantity proposed to be taken, not 
exceeding one and one-half million gallons daily ; such vote 
to be passed not less than six months before the water shall 
be withdrawn from said river, and a copy of such vote being 
filed in the registry of deeds for the southern district of 
the county of Middlesex within sixty days thereafter, the 
terms thereof shall be held to be the measure and limit of 
the right of said town to take or divert the waters of said 
river, and in case of a joint taking by any towns under this 
act the provisions of this section shall apply to such towns 
jointly, so far as any damage results from such joint taking. 
It shall be the duty of said town to provide some reliable 
means or method of measuring and registering the amount 
of water taken from Charles River or Stony Brook as soon 
as they commence taking the same, such register or record 
to be accessible at all times to any interested parties ; and 
if the owners of any water rights in the waters of said river 
or said brook, and said town, shall fail to agree upon the 
mode of measurement, the method shall be fixed by one or 
more engineers, to be appointed upon the application of 
either party, by any justice of the supreme judicial court. 
And if at any time said town shall take a larger quantity of 
water from Charles River than it shall have determined by 



1872.— Chapter 338. 277 

said vote under this section, it shall be liable in an action of 
tort to any mill owner for any such damage to which he is 
legally entitled, and may be restrained by injunction from 
taking such larger quantity of water, in a suit in equity 
brought by any such mill owner or other party. 

Section 14. Nothing in this act shall be construed to Existing right 
affect any existing right of said town of Waltham to draw not Effected.*'' 
water from said river or brook. 

Section 15. Nothing in this act contained shall prevent Eight to take 
tlie granting the right to take water from Charles River to I^wns!*^ °*''^^'' 
any other town or city. 

Section 16. This act shall be void unless accepted by a subject toac- 
majority of the legal voters of said town of Waltham, pres- vote'^of town, 
ent and voting thereon, at a legal meeting held for the 
purpose within one year from the time this act goes into 
effect. 

Section 17. This act shall take effect upon its passage. 

Approved May 4, 1872. 

An Act to incorporate the standish monument association. Qfiap. 338 
Be it enacted, ^c, as folloios : 

Section 1. George Bradford, Thomas Chandler, Charles corporators. 
H. Chandler, their associates and successors, are hereby made 
a corporation by the name of the Standish Monument Asso- Name and pur- 
ciation, for the purpose of erecting and maintaining in the p°*®" 
town of Duxbury a monument to the memory of Miles 
Standish ; with all the powers and subject to all the duties. Powers and 
restrictions and liabilities set forth in all general laws which 
now are or hereafter may be in force applicable to such cor- 
porations. 

Section 2. Said corporation may take and hold such May take land 
land on the summit of Captain's Hill, in said town of Dux- captat^i^s mil 
bury as shall be necessary or convenient for the purposes in Duxbury. 
aforesaid : provided, that the land so taken shall not exceed Provisos, 
three acres in area, and that such taking shall be in accord- 
ance with the laws for taking lands for the location and con- 
struction of highways : and provided, also, that such land 
shall not be taken until at least five thousand dollars of the 
capital stock of said corporation has been subscribed and 
paid in in cash. 

Section 3. If at the expiration of five years from the xitie of land to 
passage of this act the contemplated monument, built of if monummTis 
stone or other permanent material, and not less than sixty Ave years!^*^^'^' 
feet high, is not erected and completed, the title to all land 
taken under and by virtue of this act, shall revert to its 
former owner, his heirs or assigns. Approved May 4, 1872. 



278 1872.— Chapters 339, 340. 

Chap. 339 -^^ ^^'^ "^^ amend an act in relation to a free bridge across 

"' the CONNECTICUT RIVER BETWEEN HOLYOKE AND SOUTH HADLEY. 

Be it enacted, ^c, as follows : 

County com- SECTION 1. The countv commissioners of the counties of 

missioners of tt-t i- i-i 

Hampden and Hampden and Jiampshire are hereby authorized to borrow, 
bol-rowmoMy^ upou the Credit of said counties, in addition to the sum 
sum*^me*n°tioned mentioned in section eleven of chapter one hundred and 
in 1870, 182, § 11. eighty-two of the acts of the year eighteen hundred and 
seventy, such further sums as may be necessary to pay the 
interest as it may from time to time fall due, on any obliga- 
tion or contract to borrow money entered into by said 
county commissioners under the authority of said section. 
Section 2. This act shall take effect upon its passage. 

Approved May 4, 1872. 

Chtty). 340 -^^ ^^'^ '^^ PROVIDE FOR THE ELECTION OF CERTAIN TRUSTEES OF 
^ AMHERST COLLEGE BY THE GRADUATES THEREOF. 

Be it enacted, Sfc, as follows: 

Trastees tobe SECTION 1. The fivc trustccs of Amhcrst College hereto 

graduatesofthe forc choseii by the legislature, shall hereafter be chosen by 

CO ege. ^j^g graduates of said college. 

Sm.TSL Section 2. Whenever a vacancy shall occur among the 

to not j^y society five trustees, the board of trustees of said college shall give 
notice thereof to the society of the alumni of said college, 
which at its next annual commencement meeting thereafter 
shall proceed to choose by ballot a trustee to fill such va- 
cancy, in such manner and under such regulations as may 
be determined by said society, and shall return notice of 
such choice under the attestation of the secretary thereof 
to the board of trustees, whereupon said trustees shall 
declare such person so chosen a member of said board, and 

Provisos. enter the same upon their records : provided, koivever, that 

said society shall be open to all the graduates of said col- 
lege : and provided, further, that no member thereof who is 
not also a graduate of said college, shall be entitled to vote 
under the provisions of this act, nor shall any graduate be 
entitled to vote prior to the fourth annual commencement 
after his graduation. 

Tenure of office, SECTION 3. The qualifications, tenure and forfeitures of 

etc., to be fixed rr n i ^-th ir>Ti 

by trustees and omce lor the trustecs 01 said college, may be fixed by such 
currence" ''°^' rulcs as may be adopted by the board of trustees in concur- 
rence with the society aforesaid, and such rules, when once 
adopted, shall not be changed except by a two-thirds vote of 
said board and of said society at annual meetings thereof. 

Section 4. All acts and parts of acts inconsistent here- 
with are hereby repealed. 



1872.— Chapters 341, 342. 279 

Section 5. This act shall not take effect until it is ^^"^1^**°^ ^so- 
accepted by the society of the alumni and the board of ciety and trus- 
trustees of Amherst College, respectively, at meetings held 
for that purpose. Approved May 4, 1872. 

An Act to incorporate the Salisbury point cemetery associ- (Jjfidf)^ S4:l 

ATION. •* ' 

Be it enacted, Sj-c, as follows : 

Section 1. Daniel Webster, Francis Kenniston, Hiram corporators. 
Lowell, Paul J. Biekford, their associates and successors, 
are hereby made a corporation by the name of the Salisbury Name and pur- 
Point Cemetery Association, for the purpose of perfecting, ^*^^®' 
controlling and improving the grounds set apart, used and 
known as the " Cemetery," in the village of Salisbury point, 
in the town of Salisbury. Said corporation shall have all 
the powers, and be subject to all the duties, restrictions and ^^^YeJ^ ^"^^ 
liabilities set forth in all general laws which now are or 
hereafter may be in force applicable to such corporations, 
except as is otherwise provided in this act. 

Section 2. In organizing under this act it shall be Majority. in 
necessary to obtain only a vote of a majority in numbers fnTrest'of pro- 
and interest of the proprietors of said cemetery, present ^n^ v^otinrnec^ 
and voting at a legally notified meeting for such organization, essary toor- 

Section 3. Lots in said cemetery shall be held indivisi- ^^"'^®' 
ble, and upon the decease of a proprietor the heirs-at-law or Lots to be hew 
devisees of such lot, if devised, shall succeed to his privi- ^'I'ii"^"^^^' "^t^- 
leges. If there is more than one heir or devisee any one of 
the number may represent the lot : provided no one of the 
other parties in interest objects. If such objection is made, 
the right of representation shall be settled in accordance 
with section three of chapter twenty-eight of the General 
Statutes. 

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

Approved May 4, 1872. 

An Act to incorporate the union freight railroad company. n'Lr,^ S4-2 
Be it enacted, Sfc, as follows : ■^' 

Section 1. George B. Upton, Percival L. Everett, Henry union Freight 
S. Russell, their associates and successors, are hereby made porated?" *^''°'^" 
a corporation by the name of the Union Freight Railroad 
Company, for the purpose of locating, constructing, main- 
taining and operating a railroad, for public use in the con- 
veyance of freight only, with convenient single or double 
tracks, between the terminal points of the several steam 
railroads entering the city of Boston, and extending in and 
through such portions of the following streets as may be 
necessary for that purpose, namely : Lowell, Brighton, 



280 



1872.— Chapter 342. 



May construct 
side-tracks to 
wharves and 
■warehouses. 



Proviso. 



Other railroads 
may connect 
tracks for trans- 
portation of 
freight. 



Cars may be 
drawn by steam 
power during 
the night. 

Eates for 
freight may be 
iixed by com- 
pany. 



Company may 
enter upon and 
use tracks of 
other street 
railroads. 



Causeway, Minot, Nashua, Commercial, Prince, Hanover, 
Fleet, India, Broad, Atlantic avenue, Federal, Kneeland, 
Cove, Lincoln and Eliot streets, and upon and over such 
other streets as the board of aldermen of said city may 
from time to time determine, on the petition of the said 
corporation ; with the right also to construct, use and main- 
tain side tracks from its main tracks to any wharf or 
wharves or warehouses, when requested, in writing, so to do 
by a majority in interest of the owners or occupants of such 
wharves or warehouses : provided, hoivever, that no side 
track shall be laid upon a public street to any wharf or 
warehouse without the approval of the board of aldermen ; 
and provided, also, that the rails for said tracks shall be of 
such pattern, suitable for railway freight cars in common, 
use, as the board of aldermen may prescribe. Said corpo- 
ration shall have all the powers and privileges and be sub- 
ject to all the duties, restrictions and liabilities set forth in 
all general laws which now are or hereafter may be in force 
relating to street railway corporations, and to other railroad 
corporations, so far as the same may be applicable. 

Section 2. Every railroad corporation by whose road 
said Union Freight Railroad passes, may, in the manner 
prescribed by said board of aldermen, connect its tracks 
with the same for the transportation of freight; and every 
such railroad corporation is empowered to make such con- 
nections, and in making such connections said railroad cor- 
porations shall have all the powers and be subject to all the 
liabilities set forth in the sixty-third chapter of the General 
Statutes and in the laws supplemental thereto ; and it shall 
be the duty of said Union Freight Railroad Company to 
receive and deliver freight cars at each of said connections, 
and to haul the same over its road at its established rates. 
The cars on said road may be drawn during the night by 
steam power, subject to the regulation of said board of 
aldermen. 

Section 3. Said corporation shall have the power to fix 
and collect such toils for the transportation of freight as 
they may from time to time deem expedient : provided, that 
said rates shall only be sufficient to pay the reasonable and 
necessary expenses of said corporation, and to pay a divi- 
dend of five per centum semi-annually upon the actual cost 
of the construction and equipment of its road. 

Section 4. Said corporation may, within its authorized 
limits, and for the purposes of this act, enter upon and use 
any part of the tracks of any other street railroad, and may 
suitably strengthen and improve such tracks ; and if the 



1872.— Chapter 343. 281 

corporations cannot agree upon the manner and conditions 
of such entry and use, or the compensation to be paid 
therefor, the same shall be determined in accordance with 
the provisions of the thirty-eighth section of chapter three 
hundred and eighty-one of the acts of the year eighteen 
hundred and seventy-one. 

Section 5. The capital stock of said corporation shall capital stock. 
not exceed the sum of live hundred thousand dollars. 

Section 6. Said corporation shall within four months to take tracks 
from the passage of this act, take the tracks, or any part Fre'fg^hfB^R. 
thereof, of the Marginal Freight Railway Company, subject 
to the laws relating to the taking of land by railroad com- 
panies and the compensation to be made therefor. 

Section 7. Chapter one hundred and seventy of the acts Kepeai. 
of the year eighteen hundred and sixty-seven, entitled an 
act to incorporate the Marginal Freight Railway Company, 
and so much of chapter four hundred and sixty-one of the 
acts of the year eighteen hundred and sixty-nine, as relates 
to said Marginal Freight Railway Company, are hereby 
repealed. 

Section 8. The corporate powers conferred by this ^.ct Tracks to be 
shall cease, unless within one year from the date of its pas- etc.^witMn'one 
sage the Union Freight Railroad Company shall have con- ^^^^' 
structed a track or tracks, in suita,ble condition for use, in 
accordance with the terms of this act, connecting one or 
more of the steam railroads on the northerly side of the 
city of Boston with one or more of the steam railroads on 
the southerly side of said city : provided, hoivever, that the Proviso. 
board of railroad commissioners may at their discretion 
extend the time herein allowed for building the road for a 
further period not exceeding one year, on sufficient cause 
shown. 

Section 9. The provisions of this act, and the franchise, corporation 
rights, powers, privileges, duties and liabilities of the corpo- JJJ^^'^^ie'^^sia!' 
ration established under this act may be altered, amended ture. 
or repealed, and the legislature may annul or dissolve said 
corporation. 

Section 10. This act shall take effect upon its passage. 

Approved May 6, 1872. 



An Act to authorize the town of brookline to take water 
from charles river. 



Chap. 343 

Be it enacted, ^c, as follows : 

Section 1. The town of Brookline is hereby authorized BrooUine to be 
to take, hold and convey into and through said town, from water? 
Charles River, at any convenient point upon the same, suf- 

36 



282 



1872.— Chapter 343. 



To file descrip- 
tion of lands 
taken, in the 
registry of 
deeds. 



May build aque- 
ducts, erect 
dams and reser- 
voirs, and regu- 
late use of 
water. 



ficient water for the use of said town and the inhabitants 
thereof, not exceeding one and a half millions of gallons 
daily, for the extinguishment of fires, domestic and other 
purposes ; and may also take and hold by purchase or other- 
wise, any lands or real estate necessary for laying and main- 
taining aqueducts or pipes, constructing or maintaining 
reservoirs and such other works as may be deemed necessary 
or proper for raising, forcing, retaining, distributing, dis- 
charging or disposing of said water. 

Section 2. The town of Brookline shall, within sixty 
days from the time they shall take any lands for the pur- 
poses of this act, file in the registry of deeds of the county 
and district in which such lands lie, a description of the 
lands so taken as certain as is required in a common con- 
veyance of lands, and a statement of the purposes for which 
they were taken, which description and statement shall be 
signed by a majority of the selectmen of said town. 

Section 3. Said town may make, build and lay down 
aqueducts and pipes from said source to, into, through and 
about said town, and secure and maintain the same by any 
works suitable therefor ; may erect and maintain dams to 
raise and retain the water taken ; may construct and main- 
tain reservoirs within or without said town ; and may make, 
erect and maintain, and carry on such other works as may 
be necessary and proper for raising the water into the same, 
and forcing and distributing the water through and about 
said town ; may make and establish such public' hydrants 
and fountains in such places in said town as may, from 
time to time, be deemed proper, and prescribe the purposes 
for which the same may be used, and may change or dis- 
continue the same ; may distribute the water throughout 
said town, and for this purpose may lay down pipes to any 
house or building in said town, the owner or owners thereof 
having notice and not objecting thereto ; may regulate the 
use of said water, and establish, receive and collect the 
prices or rents to be paid therefor ; and said town may, for 
the purposes aforesaid, carry, conduct and maintain any 
aqueducts, pipes or other works, by them to be made, laid 
down or conducted over, under, through or across any 
water-course, canal, street, bridge, railroad, highway or other 
way, in such a manner as not to obstruct the travel or free 
use thereof; may enter upon and dig up any such road, 
street or way for the purpose of laying down pipes beneath 
the surface thereof, and for maintaining and repairing the 
same, and in general may do any other acts and things 
necessary or convenient and proper for carrying out the 
purposes of this act. 



1872.— Chapter 343. 283 

Section 4. The rights, powers and authorities given to Rights to be 
said town by this act, shall be exercised by said town sub- commissioners, 
ject to the restrictions, duties and liabilities herein con- tcfwn^may*'' *^ 
taiued, in such manner and by such commissioners, officers, '^''■^''*- 
agents and servants as said town shall from time to time 
choose, ordain, appoint and direct. Such commissioners, 
officers or agents shall be subject to such ordinances, rules 
and regulations in the execution of their trust as the town 
may from time to time ordain and establish not inconsistent 
with the provisions of this act and the laws of the Common- 
wealth. 

Section 5. For the purpose of defraying the cost and Brookiinewa- 

, . , , ^ . '^ -, 1,1 • • ,. ter scrip may be 

expenses which may be incurred under the provisions oi issued, not ex- 
this act, the town of Brookline, through its treasurer, shall ooolTfefen'per 
have authority to issue from time to time, notes, scrip or *''^"^- ^'^*®'*'^*- 
certificates of debt, to be denominated on the face thereof 
Brookline Water Scrip to an amount not exceeding six 
hundred thousand dollars, bearing interest not exceeding 
seven per centum per annum, payable semi-annually ; the 
principal shall be payable at periods not more than thirty 
years from the issuing of said notes, scrip or certificates 
respectively. Said treasurer, under the authority of said 
town, may sell the same or any part thereof, from time to 
time, or pledge the same for money borrowed for the pur- 
poses aforesaid, on such terms and conditions as he may 
deem proper, or as may be prescribed by the town. Said 
town is further authorized to make appropriations, and 
assess from time to time such amounts not exceeding in one 
year the sum of twenty thousand dollars towards payment 
of the principal of the money so borrowed, and also a sum 
sufficient to pay the interest thereof, in the same manner as 
money is assessed and appropriated for other town purposes. 

Section 6. The said town of Brookline shall be liable Liability for 
to pay all damages that shall be sustained by any person or ^^^^^^ 
persons in their property, by the taking of the waters of 
said Charles River, or other source of supply, or any part 
thereof, as authorized by 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 on the damages 
to be paid therefor, he or they may apply by petition for an 
assessment of the damages at any time within three years 
from the taking of the said property, or the construction of 



lea. 



284 



1872.— Chapter 343. 



Parties dissat- 
isfied may have 
trial by a jury. 



Town may 
make a tender 
for damages. 



dams or other works occasioning damages as aforesaid, and 
not afterwards, to the superior court in the county in which 
the same are situated. Such petition may be filed in the 
clerk's office of said court, in vacation or in term time, and 
the clerk shall thereupon issue a summons to the said town 
of Brookline, returnable, if issued in vacation, at the next 
term of the said 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 said court shall order 
to appear and answer to the said petition. The said sum- 
mons 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 clerk of said town ; aud the said 
court may, upon default or hearing of said town, appoint 
three disinterested persons, who shall, after reasonable notice 
to the parties, assess the damages, if any, which such peti- 
tioner may have sustained as aforesaid ; and the award of* 
the said persons so appointed, or a major part of them, being 
returned into and accepted by the said court, shall be final, 
and judgment shall be rendered and execution issued thereon 
for the prevailing party with costs, unless one of said par- 
ties shall claim a trial by jury as hereinafter provided. 

Section 7. If either of the parties mentioned in the 
sixth section shall be dissatisfied with the amount of damage 
awarded, as therein expressed, such party may, at the term 
at which such award was accepted or the next term there- 
after, claim, in writing, a trial in said court, and have a 
jury to hear and determine at the bar of said court, all 
questions of fact relating to sucli 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 par- 
ties, respectively, in the same manner as is provided by law 
in regard to proceedings relating to the laying out of high- 
ways. 

Section 8. In every case of a petition to the superior 
court for the assessment of damages as provided in this act, 
the town 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 sum with his costs up to that 
time, but shall proceed in his suit, he shall be entitled to his 
costs up to the time of the tender of such payment into 



1872.— Chapter 343. 285 

eourt and not afterwards, unless the complainant shall 
recover greater damages than were so offered. 

Section 9. Said town may also, for the purpose of May hold land 
collecting water and supplying the same to said river, make ^fghrAeces- 
and maintain, upon or near said river, or the streams flow- fng^JaterTo*'^ 
ing into the same, or at, upon or near the source of said "ver. 
river or streams, any reservoirs, dams or other suitable 
structures, and may take and hold, by purchase or other- 
wise, such real estate, water, water rights or easements as 
may be necessary or convenient for that purpose. Said May contract 
town may make any contracts with the proprietors of mills prieto™s con° 
on Charles River, or with the owners of any mills on Charles meutof II-' 
River, Mother Brook or Neponset River, or with other Pfj.uc«ng dams 
towns which now are or may be hereafter authorized to take and reservoirs. 
water from Charles River, by which said proprietors or 
owners or towns, or any of them, shall contribute to the 
expense of making and maintaining said dams, reservoirs or 
other suitable structures, and of taking or purchasing any 
water, water rights, lands or easements for the purpose of 
collecting water and supplying the same to Charles River as 
aforesaid. And said town may unite and agree with any 
other town or towns authorized to take water from said 
river, in making and maintaining suitable works and struc- 
tures for their joint use under this act. 

Section 10. The town of Brookline may, by a vote of To declare by 
said town, declare the quantity proposed to be taken, not tiVofwater°o 
exceeding one and a half million gallons daily, such vote to ^e taken dauy. 
be passed not less than six months before the waters shall 
be withdrawn from said river, and a copy of such vote being 
filed in the registry of deeds for Norfolk county within 
sixty days thereafter ; the terms thereof shall be held to be 
the measure and limit of the right of said town to take or 
divert the waters of said river under this act, and in case of 
a joint taking by any towns under this act the provisions of 
this section shall apply to such towns jointly, so far as any 
damage results from such joint taking. 

Section 11. It shall be the duty of said town to provide To provide a 

Til J.I J r • J • reliable method 

some reliable means or method oi measuring and regis- for measuring 
tering the amount of water taken from Charles River, as '^'''^®'^*^*^'^- 
soon as they commence taking the same, such register or 
record to be accessible at all times to any interested par- 
ties ; and if the owners of any water rights in the waters of 
said river, and said town, shall fail to agree upon the mode 
of measurement the method shall be fixed by one or more 
engineers, to be appointed upon the application of either 
party, by any justice of the supreme judicial court. And if 



286 



1872.— Chapter 343. 



Ko application 
to be made for 
damages until 
water is actu- 
ally withdrawn. 



Penalty for un- 
lawfully using 
water, wan- 
tonly diverting 
the same or 
rendering it 
impure. 



Occupant of 
tenement liable 
for water rent. 



"Water may be 
used to gener- 
ate steam. 



Existing rights 
not affected. 



Kepeal. 



Subject to ac- 
ceptance by 
vote of the 
town. 



at any time said town shall take a larger quantity of water 
from Charles River than it shall have determined by said 
vote under the tenth section of this act, it shall be liable in 
an action of tort to any mill owner for any such damage he 
may have suffered, and may be restrained by injunction from 
taking such larger quantity of water in a suit in equity 
brought by any such mill owner or other party. 

Section 12. No application shall be made to the court 
for the assessment of damages for the taking of any water 
rights, or for any injury thereto, until the water is actually 
withdrawn or diverted by said town under the authority of 
this act. 

Section 13. If any person shall use any water taken 
under this act without the consent of said town, or shall 
wantonly or maliciously divert the water, or any part 
thereof, taken or held by said town, pursuant to the pro- 
visions 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 town under the authority of and for the 
purposes of this act, he shall forfeit and pay to said town 
three times the amount of damage 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 imprison- 
ment in jail not exceeding one year. 

Section 14. The occupant of any tenement shall be 
liable for the payment of the rent for the use of water in 
such tenement, and the owner shall also be liable, if, on 
being notified of such use, he does not object thereto. 

Section 15. The water taken under this act shall not be 
used in any way as a motive power, except for generating 
steam. 

Section 16. Nothing in this act shall be construed to 
affect any existing rights of said town to draw water from 
said river. 

Section 17. Chapter three hundred and forty-three of 
the acts of the year eighteen hundred and sixty-seven is 
hereby repealed. 

Section 18. This act shall take effect upon its passage, 
and it shall become void unless accepted by a majority of 
the legal voters of the town of Brookline present and voting 
thereon, at a legal meeting held within two years from 
the time of the passage of this act. Approved May 6, 1872. 



1872.— Chapter 344. 287 

An Act to supply the town of newton with water. ChdH). 344 

Be it enacted, ^c, as follows : 

Section 1. The town of Newton is hereby authorized to ^'^^^JP^^^j^^ 
take, hold and convey into and through said town, from wit^rfrom 
Charles River at any convenient point upon the same, within *^^^^^^^ uiver. 
said town, sufficient water for the use of said town and in- 
habitants, not exceeding one and a half million gallons daily, 
for the extinguishment of fires, domestic and other pur- 
poses ; and may also take and hold by purchase or otherwise, 
any lands or real estate necessary for laying and maintain- 
ing aqueducts or pipes, constructing or maintaining reser- 
voirs and such other works as may be deemed necessary or 
proper for raising, forcing, retaining, distributing, discharg- ^ 

ing or disposing of said water. 

Section 2. The town of Newton shall, within sixty days To sie in regis- 
from the time they shall take any lands for the purposes of scriptiorof 
this act, file in the registry of deeds of the county and dis- I'^'i'i taken. 
trict in which such lands lie, a description of the lands so 
taken as certain as is required in a common conveyance of 
lands, and a statement of the purposes for which they were 
taken, which description and statement shall be signed by a 
majority of the selectmen of said town. 

Section 3. Said town may make, build and lay down MaybuiMaque- 
aqueducts and pipes from said source to, into, through and dams'a^nrreser- 
about said town, and secure and maintain the same by any [a^eu'ge'^o'f'^^^'^' 
works suitable therefor ; may erect and maintain dams to water. 
raise and retain the water taken ; may construct and main- 
tain reservoirs within or without said town ; and may make, 
erect and maintain, and carry on such other works as may 
be necessary or proper for raising the water into the same, 
and forcing and distributing the water through and about 
said town ; may make and establish such public hydrants 
and fountains in such places in said town as may, from time 
to time, be deemed proper, and prescribe the purposes for 
which the same may be used, and may change or discontinue 
the same ; may distribute the water throughout said town, 
and for this purpose may lay down pipes to any house or 
building in said town, the owner or owners thereof having 
notice and not objecting thereto ; may regulate the use of 
said water, and establish, receive and collect the prices or 
rents to be paid therefor ; and said town may, for the pur- 
poses aforesaid, carry and conduct and maintain any aque- 
ducts, pipes or other works, by them to be made, laid down 
or conducted over, under, through or across any water- 
course, canal, street, bridge, railroad, highway or other way, 
in such a manner as not to obstruct the travel or free use 



288 1872.— Chapter 344. 

thereof ; may enter upon and dig up any such road, street or 
way for the purpose of laying down pipes beneath the sur- 
face thereof, and for maintaining and repairing the same, 
and in general may do any other acts and things necessary 
or convenient and proper for carrying out the purposes of 
this act. 
Rights to be ex- SECTION 4. The rights, powcrs and authorities given to 
mfslfonew,*'"'^' Said towu by this act, shall be exercised by said town subject 
agents, etc., as ^q ^hc restrictions, duties and liabilities herein contained, in 

town may t i i • • m i 

direct. such manner and by such commissioners, oincers, agents and 

servants as said town shall from time to time choose, ordain, 
appoint and direct. Such commissioners, officers or agents 
shall be subject to such ordinances, rules and regulations in 
the execution of their trust as the town may from time to 
time ordain and establish not inconsistent with the provisions 
of this act and the laws of the Commonwealth. 
^crr^ma^be^' SECTION 5. For the purposc of defraying the cost and 
issued not ex- cxpcuses wluch may be incurred under the provisions of this 
ooolTfefen^er act, the towu of Ncwtou, through its treasurer, shall have 
cent, interest, authority to issuc from time to time, notes, scrip or certifi- 
cates of debt, to be denominated on the face thereof Newton 
Water Scrip, to an amount not exceeding six hundred 
thousand dollars, bearing interest not exceeding seven per 
centum per annum, payable semi-annually ; the principal 
shall be payable at periods not more than thirty years from 
the issuing of said notes, scrip or certificates respectively. 
Said treasurer, under the authority of said town may sell 
the same or any part thereof, from time to time, or pledge 
the same for money borrowed for the purposes aforesaid, on 
such terms and conditions as he may deem proper, or as may 
be prescribed by the town. Said town is further authorized 
to make appropriations, and assess from time to time such 
amounts not exceeding in one year the sum of twenty 
thousand dollars towards payment of the principal of the 
money so borrowed, and also a sum sufficient to pay the in- 
terest thereof, in the same manner as money is assessed and 
appropriated for other town purposes. 
Liability for SECTION 6. Said towu of Ncwtou shall be liable to pay all 

damages that shall be sustained by any person or persons in 
their property, by the taking of the waters of Charles River 
or other source of supply, or any part thereof, as authorized 
by 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 



damages. 



1872.— Chapter 344. 289 

or other person or persons sustaining damages as aforesaid, 
shall not agree on the damages to be paid therefor, he or 
they may apply by petition for an assessment of the damages 
at any time within three years from the taking of the said 
property, or the construction of dams or other works occasion- 
ing damages as aforesaid, and not afterwards, to the superior 
court in the county in which the same are situated. Such 
petition may be filed in the clerk's office of said court, in 
vacation or in term time, and the clerk shall thereupon issue 
a summons to the said town of Newton, returnable, if issued 
in vacation, at the next term of the said 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 
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 clerk of said 
town, and the said court may upon default or hearing of 
said town, 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 so appointed or a major part 
of them, being returned into and accepted by the said court, 
shall be final, and judgment shall be rendered and execution 
issued thereon for the prevailing party, with costs, unless one 
of said parties shall claim a trial by jury as hereinafter pro- 
vided. 

Section 7. If either of the parties mentioned in the Parties aissatis- 
sixth section shall be dissatisfied with the amount of damage triai™y^a^ury. 
awarded, as therein expressed, such party may, at the term 
at which such award was accepted, or the next term there- 
after, claim, in writing, a trial in said court, and have a 
jury to hear and determine, at the bar of said court, all 
questions 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 proceedings relating to the laying out of highways. 

Section 8. In every case of a petition to the superior Town may 
court for the assessment of damages as provided in this act, Ibr damages.^'^ 
the town 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 damages by him 

37 



290 



1872.— Chapter 344. 



May hold land 
and water- 
rights neces- 
sary for supply- 
ing water to 
river. 



May contract 
with mill-pro- 
prietors con- 
cerning pay- 
ment of ex- 
pense of build- 
ing dams and 
reservoirs. 



sustained or claimed in his petition, and if the complainant 
shall not accept the sum with his costs up to that time, but 
shall proceed in his suit, he shall be entitled to his costs up 
to the time of the tender of such payment into court and 
not afterwards, unless the complainant shall recover greater 
damages than were so offered. 

Section 9. Said town may also, for the purpose of col- 
lecting water and supplying the same to said river, make 
and maintain upon or near said river, or the streams flowing 
into the same, or at, upon or near the source of said river 
or streams, any reservoirs, dams or other suitable structures, 
and may take and hold, by purchase or otherwise, such real 
estate, water, water rights or easements as may be necessary 
or convenient for that purpose. Said town may make any 
contracts with the proprietors of mills on Charles Biver, or 
with the owners of any mills on Charles River, Mother 
Brook or Neponset River, or with other towns which now 
are or hereafter may be authorized to take water from 
Charles River, by which said proprietors or owners or towns, 
or any of them, shall contribute to the expense of making 
and maintaining said dams, reservoirs or other suitable 
structures, and of taking or purchasing any water, water 
rights, lands or easements for the purpose of collecting 
water and supplying the same to Charles River as aforesaid. 
The outlet from any reservoir established under this act, for 
the collection of water shall be under the control of said 
proprietors. And said town may unite and agree with any 
other town or towns authorized to take water from said 
river, in making and maintaining suitable works and struc- 
tures for their joint use under this act. 

Section 10. The town of Newton may, by a vote of said 

my'of water to towu, dcclarc the quantity of water proposed to be taken, 

a y. ^^^j. QxgQe(jijjg Q^Q amj a half million gallons daily, such 

vote to be passed not less than six months before the waters 

shall be withdrawn from said river, and a copy of such vote 

being filed in the registry of deeds for tlie southern district 

of the county of Middlesex within sixty days thereafter ; the 

terms thereof shall be held to be the measure and limit of 

the right of said town to take or divert the waters of said 

river under this act, and in case of a joint taking by any 

towns under this act the provisions of this section shall 

apply to such towns jointly, so far as any damage results 

from such joint taking. 

JeHawI'method SECTION 11. It shall bc the duty of said town to provide 

for measuring somo reliable means or method of measuring and registering 

the amount of water taken from Charles River, as soon as 



To declare by 
vote the quan 



' 1872.— Chapter 344. 291 

they commence taking the same, such register or record to 
be accessible at all times to any interested parties ; and if 
the owners of any water rights in the waters of said river, 
and said town, shall fail to agree upon the mode of measure- 
ment, the method shall be fixed by one or more engineers, 
to be appointed upon the application of either party, by any 
justice of the supreme judicial court. And if at any time 
said town shall take a larger quantity of water from Charles 
River than it shall have determined by said vote under the 
tenth section of this act, it shall be liable in an action of 
tort to any mill owner for any such damage he may have 
suffered, and may be restrained by injunction from taking 
such larger quantity of water in a suit in equity brought 
by any such mill owner or other party. 

Section 12. No application shall be made to the court no application 
for the assessment of damages for the taking of any water danmgetu'nm 
rights, or for any injury thereto until the water is actually an'^^ii^drawn 
withdrawn or diverted by said town under the authority of 
this act. 

Section 13. If any person shall use any water taken penalty for un- 
under this act without the consent of said town, or shall ^iSl-^wan"^ 
wantonly or maliciously divert the water or any part thereof, to"iy diverting 
taken or held by said town, pursuant to the provisions of rendering it 
this act, or corrupt the same or render it impure, or destroy '"i^"''®- 
or injure any dam, aqueduct, pipe, conduit, hydrant, ma- 
chinery or other works or property held, owned or used by 
said town of Newton under the authority of and for the pur- 
poses of this act, he shall forfeit and pay to said town three 
times the amount of damage assessed therefor, to be re- 
covered 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 imprison- 
ment in jail not exceeding one year. 

Section 14. The occupant of any tenement shall be lia- occupant of 
ble for the payment of the rent for the use of water in such for w^ter rent, 
tenement, and the owner shall also be liable, if, on being 
notified of such use, he does not object thereto. 

Section 15. The water taken under this act shall not be water may be 
used in any way as a motive power, except for generating "ate 8t°eam!^ 
steam. 

Section 16. Nothing in this act shall be construed to Existing rights 
affect any existing right of the town of Newton to draw "»' «'fi'e<='ed. 
water from said river. 

Section 17. This act shall take effect upon its passage, subject to ac- 
and shall become void unless accepted by a majority of the vote^The^ 
legal voters of the town of Newton, present and voting town. 



292 1872.— Chapter 345. 

thereon, at a legal meeting held within two years from the 
time of the passage of this act. Approved May 6, 1872. 

Chap. 345 An Act to supply the city of Springfield with water. 

Be it enacted, Sfc, as follows: 

b^lSfeli*" Section 1. The city of Springfield may take, hold and 
with water convey into and through said city from the Connecticut 
ticnt or chico- Rivcr, at any convenient point within the limits of said city, 
pe€ Kivers. ^^ ^.^.^^^ ^^^^ Chicopce Rivcr, at any convenient point within 
the limits of said city or the town of Wilbraham, sufficient 
water for the use of said city and inhabitants, for the ex- 
tinguishment of fires, domestic and other purposes ; and 
may also take and hold by purchase or otherwise any lands 
or real estate necessary for laying and maintaining aqueducts 
or pipes, constructing or maintaining reservoirs, dams and 
such other works as may be necessary or proper for raising, 
forcing, retaining, distributing, discharging or disposing of 
said water. 
SyKedsfde- SECTION 2. The city of Springfield shall, within sixty 
fnd taken^ days from the time they shall take any lands for the pur- 
poses of this act, file in the registry of deeds of the county 
and district in which such lands lie, a description of the 
lands so taken as certain as is required in a common convey- 
ance of lands, and a statement of the purposes for which 
they were taken, which description and statement shall be 
signed by a majority of the water commissioners hereinafter 
named. 
S™cT^' Section 3. The said city may make, build and lay down 
dams'andreser- aqucducts and pipcs from said sources to, into, through and 

voire, and regu- ^ ^ -i-ii t -i-xi u 

late use of about said City, and secure and maintain the same by any 
^^^^^' works suitable therefor ; may erect and maintain dams to 

raise and retain the water taken ; may construct and main- 
tain reservoirs within or without said city ; and may make, 
erect and maintain, and carry on such other works as may 
be necessary or proper for raising the water into the same, 
and forcing and distributing the water through and about 
said city ; may make and establish such public hydrants and 
fountains in such places in said city as may, from time to 
time, be deemed proper, and may prescribe the purposes for 
which the same may be used, and may change or discontinue 
the same ; may distribute the water throughout said city, 
and for this purpose may lay down pipes to any house or 
building in said city, the owner or owners thereof having 
notice and not objecting thereto ; may regulate the use of 
said water, and establish, receive and collect the prices or 
rents to be paid therefor ; and said city may, for the pur- 



1872.— Chapter 345. 293 

poses aforesaid, carry and conduct and maintain any aque- 
ducts, pipes or other works, by them to be made, laid down 
or conducted over, under, through or across any water- 
course, canal, street, bridge, railroad, highway or other way, 
in such a manner as not to obstruct the travel or free use 
thereof; may enter upon and dig up any such road, street 
or way for the purpose of laying down pipes beneath the 
surface thereof, and for maintaining and repairing the same, 
and in general may do any other acts and things necessary 
or convenient and proper for carrying out the purposes of 
this act. 

Section 4. Said city of Springfield shall pay all damages Liability for 
to which any persons or corporations are entitled, by reason *™^^®^- 
of the taking of any lands, water, or water-rights, or by the 
construction or repairing of any dams, aqueducts or other 
works, for the purposes aforesaid. If any person or corpora- 
tion sustaining damages as aforesaid, cannot agree with the 
city upon the amount of such damages, they may have them 
assessed by the county commissioners for the county of 
Hampden, by making a written application therefor within 
one year after sustaining such damages; and either party Parties dissatis- 
aggrieved by the doings of said commissioners in the estima- trial "byjuryT 
tion of said damages, may have the same settled by a jury ; 
and if the damages are increased by the jury, the city shall ^ 

pay all legal costs ; but otherwise, the said costs shall be paid 
by the party claiming damages ; and the said commissioners 
and jury shall have the same powers, and the proceedings 
shall in all other respects be conducted in the same manner 
as provided in case of taking land for highways. 

Section 6. The rights, powers and authority granted to Rights to be 
the city of Springfield by this act, shall be vested in and ex- wTter'cwnmis- 
ercised by a board of water commissioners, consisting of five sioners. 
citizens of said city, who shall be elected by the legal voters 
of said city at an election which shall be legally ordered and 
held at the same time and date that the said city shall vote 
upon the acceptance of this act. The said commissioners 
shall serve until the first day of January of the year eighteen 
hundred and seventy-five. Thereafter the rights, powers 
and authority granted to the said city by this act shall be 
vested in and exercised by a board of water commissioners, 
consisting of three citizens of said city, who shall be chosen 
by the city council of said city, one for the term of one year 
from the first day of January in the year eighteen hundred 
and seventy-five, one for the term of two years, one for the 
term of three years, and annually thereafter one water com- 
missioner shall be so chosen to serve for the term of three 
years. *> 



294 



1872.—CHAPTER 345. 



Compensation 
of commission- 
er*. 



" Springfield 
Water Bonds " 
may be issued, 
not exceeding 
$1,000,000 at 
serven per cent, 
interest. 



Eents for use of 
water to be 
fixed by com- 
missioners. 



Jf water is 
taken from 
Chicopee River, 
some reliable 
method for 
measuring wa- 
ter must be pro- 
vided. 



Said commissioners shall receive such compensation as the 
city council of said city may prescribe, and a majority of 
said commissioners shall be a quorum for the exercise of the 
powers and duties prescribed by this act. 

Section 6. For the purpose of paying all necessary ex- 
penses and liabilities incurred under the provisions of this 
act, said city shall issue coupon bonds, signed by the treasur- 
er of said city, to be denominated " Springfield "Water 
Bonds," to an amount not exceeding one million dollars, 
payable at periods not exceeding thirty years from the date 
thereof, with interest payable semi-annually at a rate not ex- 
ceeding seven per centum per annum ; and said city may 
sell said bonds at public or private sale, or pledge the same 
for money borrowed for the purposes of this act, upon such 
terms and conditions as it may deem proper, and may raise 
money by taxation to pay said bonds and interest thereon 
when due ; but said city shall not raise more than twenty- 
five thousand dollars in any one year towards payment of 
the principal of said bonds, except the year in whiph the 
same may become due. 

Section 7. The said water commissioners shall establish 
such prices or rents for the use of the water, as to provide 
annually, if practicable, from the net income and receipts 
therefor for the payment of the interest on said water bonds, 
and also after three years from the introduction of the water 
into said city, for the further payment of not less than one 
per centum of the principal of said bonds. The net surplus 
income and receipts, after deducting all expenses, interest 
and charges of distribution, shall be set apart as a sinking 
fund, and applied solely to the payment of the principal of 
said bonds until the same are fully payed and discharged. 
The said water commissioners shall be trustees of said fund, 
and shall annually, and as often as the city council may re- 
quire, render an account of all their doings in relation 
thereto. 

Section 8. If the said city shall elect 'to j,ake water from 
the Chicopee River, it shall be the duty of the water com- 
missioners to provide some reliable means or method of 
measuring and registering the amount of water taken, as 
soon as they commence taking the same, such . register or 
record to be accessible at all times to any interested parties ; 
and if the owners of any water rights in the waters of said 
river, and said city, shall fail to agree upon the mode of 
measurement, the method shall be fixed by one or more en- 
gineers, to be appointed upon the application of either party, 
by any justice of the supreme judicial court. 



1872.— Chapter 345. 295 

Section 9. If any person shall use any water taken un- penalty for un- 
der this act without the consent of said city, or shall wan- wate"! wan-°^ 
tonly or maliciously divert the water, or any part thereof, tpniy diverting 

, ^ "^ 1111 • 1 • 1 ■'r. /•!• *'"® same, or 

taken or held by said city, pursuant to the provisions oi this rendering it 
act, or corrupt the same or render it impure, or destroy or ^'"P"'""^' 
injure any dam, aqueduct, pipe, conduit, hydrant, machinery 
or otlier works or property held, owned or vised by said city 
under the authority of and for the purposes of this act, he 
shall forfeit and pay to said city three times the amount of 
damage assessed tlierefor, 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. 

Section 10. The occupant of any tenement shall be occupant of 
liable for the payment of the rent for the use of water in for water rent. 
such tenement, and the owner shall also be liable, if, on being 
notified of such use, he does not object thereto. 

Section 11. The said city of Springfield shall take, hold Fra^hf/eheM 
and use, the franchise and all of the reservoirs, dams, pipes, ^ ^l^^£^co 
hydrants and other property now owned and held by the 
Springfield Aqueduct Company, upon the payment by the 
said city to the said Springfield Aqueduct Company of such 
a sum as shall be mutually agreed upon by and between 
them ; and in case they shall not so agree upon the sum to 
be paid, the same proceedings may be had as is provided in 
the fourth section of this act, for the payment of damages to 
any persons or corporations injured by the taking of their 
lands, water or water rights. 

Section 12. The water taken under this act shall not be J^edTo'^eL^r- 
used in any way as a motive power, except for generating ate steam. 
steam. 

Section 13. Nothing in this act shall be construed to ^''/^^i?^/!^'^*^ 
affect any existing right of said city of Springfield to draw 
water from said rivers. 

Section 14. This act shall take effect upon its passage, subject to ac- 
and shall become void unless accepted by a majority of the vote^o/the^city. 
legal voters of the city of Springfield, present and voting 
thereon, at a legal meeting which shall be called in their 
several ward-rooms for that purpose, by the mayor and alder- 
men of said city, within sixty days from the passage of this 
act, at which meeting the check-list shall be used. 

Approved May 6, 1872. 



296 



1872.— Chapter 346. 



Chap. 346 



Appropria- 
tiou8. 



Timothy 
Murphy. 



LukeWorthley. 



Benjamin 

Evans. 



Charlestown. 



Chicago Law 
Institute. 



State library. 



Soldiers' testi- 
monials. 

Soldiers' em- 
ployment 
bureau. 



Normal school 
at Westfleld. 



Robert Chan- 
neU. 



Advertising. 



Helen Whit- 
man. 



An Act making appropriations to meet certain expenditures 

authorized the present year, and for other purposes. 
Be it enacted, §"0., 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 in certain acts and resolves of the present 
year, and for other purposes, to wit : — 

In the resolve, chapter two, in favor of Timothy Murphy, 
for injuries received at the Hoosac Tunnel, the sum of two 
hundred dollars. 

In the resolve, chapter three, in favor of Luke Worthley, 
for fines and costs paid by him for Luke W. Worthley, the 
sum of fifty-five dollars and ninety-five cents. 

In the resolve, chapter four, in favor of Benjamin Evans, 
for services and expenses incurred as agent for the Newbury- 
port bridge, the sum of one hundred and forty-one dollars 
and sixty-six cents. 

In the resolve, chapter five, in favor of the city of Charles- 
town, for the re-imbursement of moneys paid for militia 
uniforms, the sum of one hundred dollars. 

In the resolve, chapter seven, authorizing documents to 
be furnished to the law institute at Chicago, a sum not 
exceeding one hundred dollars. 

In the resolve, chapter nine, providing for additional 
partitions, cases, shelves and contingent expenses for the 
state library, a sum not exceeding three hundred dollars. 

In the resolve, chapter ten, relating to soldiers' testimo- 
nials, a sum not exceeding two thousand dollars. 

In the resolve, chapter eleven, in favor of the disabled 
soldiers' employment bureau, the sum of three thousand 
dollars. 

In the resolve, chapter thirteen, relating to the erection of 
a boarding-house for the state normal school at Westfield, 
the sum of seventy-five thousand dollars, payable from the 
Massachusetts school fund, in accordance with the provi- 
sions of said resolve. 

In the resolve, chapter fourteen, in favor of Robert Chan- 
nell, for injuries received while in service as a member of 
company A, first battalion of cavalry Massachusetts volun- 
teer militia, the sum of one thousand dollars. 

In the resolve, chapter sixteen, relating to the contract 
for state printing, a sum not exceeding one hundred dollars, 
for advertising. 

In the resolve, chapter seventeen, in favor of Helen 
Whitman, in payment of 3Iassachusetts union loan bonds 



1872.— Chapter 346. 297 

lost, the sum of two hundred twenty-six dollars and fifty 
cents. 

In the resolve, chapter eighteen, in favor of the town of Biackstone. 
Blackstone, the sum of seventy-four dollars and fifty cents. 

In the resolve, chapter nineteen, in favor of the Hingham mngham insu- 
institution for savings, for the re-imbursement of taxes tut»on for sav- 
overpaid, the sum of one thousand sixty-nine dollars and 
forty-three cents. 

In the resolve, chapter twenty, relating to flats and ^^l*,^"^*"' 
marshes on East Harbor Creek in Provincetown and Truro, 
a sum not exceeding five thousand dollars. 

In the resolve, chapter twenty-one, in favor of the state Primary school 
primary school at Monson, a sum not exceeding five thou- ^^^onson. 
sand five hundred eighty-four dollars and ten cents, viz. : for 
the purchase of land, the sum of two thousand dollars ; and 
for fitting the institution with gas fixtures, the sum of two 
thousand five hundred eighty-four dollars and ten cents. 

In the resolve, chapter twenty-two, to provide the towns Norwood and 
of Norwood and Holbrook with law reports, general and ° '^°'* ' 
special laws, standard weights, measures and balances, a 
sum not exceeding two thousand dollars. 

In the resolve, chapter twenty-three, in favor of the town miford. 
of Milford, for the support of state paupers, the sum of one 
thousand four hundred dollars. 

In the resolve, chapter twenty-four, in favor of the town Adams, 
of Adams, for the re-imbursement of taxes overpaid, the 
sum of four hundred ninety-two dollars and seventy-eight 
cents. 

In the resolve, chapter twenty-five, in favor of George S. George s. Mer- 
Merrill, for damages sustained by the fourth Massachusetts ' ' 
battery in the loss of a horse, the sum of two hundred 
three dollars and sixty-four cents. 

In the resolve, chapter twenty-six, in favor of the widow Moses r. coi- 
of the late Moses R. Colman, for his compensation as a '"''"■ 
member of the present house of representatives, the sum of 
six hundred and sixty-three dollars. 

In the resolve, chapter twenty-seven, in favor of the Shel- sheibume 
burne Falls five cents savings bank, for taxes overpaid, the sum 
of two hundred seventy-eight dollars and eighty- eight cents. 

In the resolve, chapter twenty-eight, in favor of the ^ye and Ear 
Massachusetts charitable eye and ear infirmary, the sum of ° ^'^^^^' 
six thousand dollars. 

In the resolve, chapter thirty, for repairs and improve- Almshouse, 
ments at the state almshouse in Tewksbury, a sum not ^®^^*''"^' 
exceeding twelve thousand dollars. 

38 



298 



1872.— Chapter 346. 



Workhouse, 
Bridgewater. 



Jane Parks. 
James Ritchie. 



Edward M. 
(jardner. 



Female prison- 
ers. 



Reform school. 



Charlestown. 



Flavins A. Post. 



Massachusetts 
Digest. 



Reimburse- 
ment for taxes. 



William P. 
Sargent & Co. 



Nelson J. 
Webster. 



Assistant clerk 
southern dis- 
trict court. 



Transportation 

of state pau- 
pers. 



In the resolve, chapter thirty-four, in favor of the state 
workhouse at Bridgewater, a sum not exceeding five thou- 
sand dollars. 

In the resolve, chapter thirty-five, in favor of Jane Parks, 
the sum of one hundred dollars in addition. 

In the resolve, chapter thirty-six, in favor of James 
Ritchie, the sum of one hundred fifty-four dollars and 
forty-five cents. 

In the resolve, chapter thirty-seven, in favor of the widow 
of the late Edward M. Gardner, judge of probate and insol- 
vency for the county of Nantucket, the sum of four hundred 
twenty-three dollars and thirty cents. 

In the resolve, chapter thirty eight, in favor of discharged 
female prisoners, the sum of one thousand five hundred dol- 
lars. 

In the resolve, chapter forty, in favor of the reform school 
for boys, a sum not exceeding five thousand dollars in ad- 
dition to the amount heretofore appropriated for current 
expenses for the present year. 

In the resolve, chapter forty-one, in favor, of the city of 
Charlestown, the sum of five hundred and seventy-six dollars 
and fifty-nine cents. 

In the resolve, chapter forty-two, in favor of Flavins A. 
Post, the sum of one hundred and twenty dollars, on account 
of state aid for the year eighteen hundred and seventy-one. 

In the resolve, chapter forty-four, authorizing the distribu- 
tion of the " Massachusetts Digest " to cities and towns, a 
sum not exceeding one thousand nine hundred and twenty- 
five dollars. 

In the resolve, chapter forty-six, authorizing the reim- 
bursement of sundry corporations for taxes collected on 
shares of national banks, a sum not exceeding twenty-five 
thousand dollars. 

In the resolve, chapter forty-eight, in favor of Wm. P. 
Sargent and Company, the sum of four hundred and seventy- 
five dollars. 

In the resolve, chapter forty-nine, in favor of Nelson J. 
Webster, the sum of two hundred and eighty-eight dollars, 
on account of state aid. 

In the act, chapter forty-four, establishing the salary of 
an assistant-clerk for the municipal court of the southern 
district of Boston, the sum of eight hundred dollars. 

In the act, chapter forty-five, providing for the reimburse- 
ment of cities and towns for expenses incurred in the trans- 
portation of state paupers, a sum not exceeding one thou- 
sand dollars. 



1872.— Chapter 346. 299 

In the act, chapter seventy-seven, establishing the salary ^^'^^j^"^""*' 
of the justice of the police court in Fall River, the sum of 
three hundred dollars, in addition to the amount heretofore 
appropriated for the present year. 

In the act, chapter one hundred and eight, establishing the Police court, 
salaries of the justice and clerk of the police court in Charles- 
town, the sum of four hundred dollars, viz. : for the salary 
of the justice, the sum of two hundred dollars, and for the 
salary of the clerk, the sum of two hundred dollars ; the 
same to be in addition to the appropriations heretofore made 
for the present year. 

In the act, chapter one hundred and forty-one, establish- £o'^^e court, 
ing the salaries of the justice and clerk of the police court 
in Lynn, the sum of five hundred dollars, viz. : for the sal- 
ary of the justice, the sum of three hundred dollars, and 
for the salary of the clerk, the sum of two hundred dollars ; 
the same to be in addition to the appropriations heretofore 
made for the present year. 

In the act, chapter one hundred and fifty-two, establishing District court 
the third district court of southern Worcester, the sum of vvorc"s*tIr!^ 
eight hundred dollars, for the salary of the justice thereof, 
for the present year. 

In the act, chapter one hundred and fifty-nine, establishing poiico court, 
the salary of the clerk of the police court in Lowell, the sum ^°'^^^' 
of one hundred dollars in addition to the appropriation here- 
tofore made for the present year. 

In the act, chapter one hundred and sixty-three, establish- Police court, 
ing the salary of a clerk for the police court in Springfield, '""^^""^ ^ 
the sum of seven hundred and fifty dollars for the present 
year. 

In the act, chapter one hundred and ninety-nine, estab- central district 
lishing the central district court of Worcester, the sum of cest'er. 
two thousand dollars for the salary of the justice ; and one 
thousand six hundred sixty-six dollars and sixty-seven cents, 
for the salary of the clerk thereof, for the present year. 

In the act, chapter two hundred, establishing the first dis- First district 
trict court of eastern Worcester, four hundred dollars for 
the salary of the justice thereof, for the present year. 

In the act, chapter two hundred and one, establishing the second district 
second district court of southern Worcester, the sum of five ^°^'^^' 
hundred dollars for the salary of the justice thereof, for the 
present year. 

In the act, chapter two hundred and four, establishing the Treasurer and 
salaries of the treasurer and receiver-general, and of the extra ^^^^^^^■'■s^^- 
clerks in his department, the sum of one thousand nine hun- 
dred dollars, viz. : for the salary of the treasurer, the sum 



300 



1872.— Chapter 346. 



Military camp 
ground. 



Tax commis- 
sioner, first 
clerk. 



Police court, 
Somerville, 



District court, 
N. Middlesex. 



Fugitives from 
justice. 



Tax commis- 
sioner, clerical 
services and 
contingent ex- 
penses. 



Surgeon-gen- 
eral, 



Quartermast- 
er's supplies. 



Military 
accounts. 



President and 
Grand Duke 
Alexis. 



of one thousand five hundred dollars, and for the salaries 
of the extra clerks, the sum of four hundred dollars ; the 
same to be in addition to the appropriations heretofore made 
for the present year. 

In the act, chapter two hundred and five, authorizing the 
purchase and preparation of a military camp ground, a sum 
not exceeding thirty-five thousand dollars. 

In the act, chapter two hundred and twenty-seven, estab- 
lishing the salary of the first clerk in the tax commissioner's 
office, a sum not exceeding two hundred and twenty-five dol- 
lars in addition to the amount heretofore appropriated for 
the present year. 

In the act, chapter two hundred and thirty-three, estab- 
lishing the police court of Somerville, a sum not exceeding 
one thousand two hundred and thirty-four dollars for the 
present year, viz. : for the salary of the justice seven hun- 
dred dollars ; and for the salary of the clerk, five hundred 
and thirty-four dollars. 

In the act, chapter two hundred and sixty-nine, establish- 
ing the first district court of northern Middlesex, the sum of 
five hundred dollars for the salary of the justice thereof, for 
the present year. 

For the arrest of fugitives from justice, a sum not exceed- 
ing one thousand five hundred dollars in addition to the 
amount heretofore appropriated for the present year. 

For clerical services and contingent expenses in the office 
of the tax commissioner, a sum not exceeding two thousand 
seven hundred dollars in addition to the appropriations here- 
tofore made for the present year, viz. : for clerical services 
two thousand five hundred dollars ; and for contingent ex- 
penses two hundred dollars. 

For contingent expenses of the surgeon-general, a sum 
not exceeding one thousand dollars in addition to the appro- 
priation heretofore made for the present year. 

For quartermasters' supplies, a sum not exceeding three 
thousand dollars in addition to the appropriation heretofore 
made for the present year. 

For military accounts for the year eighteen hundred and 
seventy, a sum not exceeding two hundred and fifteen dol- 
lars. 

For military services rendered under orders of the com- 
mander-in-chief in the performance of escort duty at the 
reception of the president of the United States and the Duke 
Alexis, in the year eighteen hundred and seventy-one, a sum 
not exceeding four thousand four hundred and forty-eight 
dollars. 



1872.— Chapter 346. 301 

For expenses of the inspector of gasmeters for the year inspector or 
eighteen hundred and seventy-one and previous years, a sum gasmeters. 
not exceeding five hundred and forty dollars. 

For contingent expenses of the insurance commissioner, a insurance com- 
sum not exceeding five hundred dollars in addition to the ^^^^'O"*^'- 
amount heretofore appropriated for the present year. 

For expenses of legislative committees in the year eighteen Legislative 
hundred and seventy-one, a sum not exceeding two hundred '^^'^'^^ '^^''• 
and fifty dollars. 

For expenses of the Massachusetts nautical school, a sum Nautical 
not exceeding six thousand dollars in addition to the appro- ^'^^°°' 
priation heretofore made for the present year. 

For the payment of state aid, as autliorized in sundry spe- state aid. 
cial acts and resolves, a sum not exceeding five hundred 
dollars. 

For the publication of the Provincial Statutes, as author- Provincial 
ized by the resolves of eighteen hundred and sixty-five, chap- 
ter forty-three, and of eighteen hundred and sixty-six, chap- 
ter thirty-five, a sum not exceeding seven thousand dollars 
in addition. 

For expenses incurred in the erection of outside swinging swinging doors 
doors at the entrances of the hall of the house of represen- repre°en'ta-^ 
tatives, as ordered by the house, a sum not exceeding three tives. 
hundred twenty-three dollars and eighty-nine cents. 

For expenses accruing under the order of the legislature ventilating. 
placing the ventilating arrangements of the state house in 
charge of the engineers who planned them, a sum not ex- 
ceeding six hundred dollars. 

For such additional clerical assistance as the secretary may secretary, cie- 
find necessary, a sum not exceeding two thousand five hun- "^ai assistance. 
dred dollars in addition to the appropriation heretofore made 
for the present year. 

For such additional clerical assistance as the auditor may Auditor, cier- 
find necessary, a sum not exceeding four hundred dollars in »cai assistance. 
addition to the appropriation heretofore made for the present 
year. 

For incidental and contingent expenses of the treasurer Treasurer, inci- 
and receiver-general, a sum not exceeding one thousand dol- peuseL*^''' 
lars, in addition to the amount heretofore appropriated for 
the present year. 

For the salary of the commissioner for the purchase and Liquor commis- 
sale of spirituous liquors, a sum not exceeding two thousand 
dollars. 

For the salary of the assayer and inspector of liquors, a Assayer. 
sum not exceeding one thousand five hundred dollars. 



302 



1872.— Chapter 347. 



Legislative 
committees . 



For expenses of legislative committees, a sum not exceed- 
ing two thousand dollars, in addition to the amount hereto- 
fore appropriated for the present year. 

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

Approved May 6, 1872. 



Chat). 34:7 ^^'^ ^^'^ '^^ apportion an 



AND ASSESS A STATE TAX OF TWO MILLION 
DOLLARS. 

Be it enacted, §r., as follows : 

dtfe's'aur* °*^ Section 1. Each town and city in this Commonwealth 
towns. shall be assessed and pay the several sums with which they 

stand respectively charged in the following schedule, that is 

to say : — 

BARNSTABLE COUNTY.- 



Barnstable 
county. 



Berkshire 
county. 



Tiarnstable, . 
Brewster, . 
Chatham, 


Four thousand one hundred and eighty 
dollars, ...... 

One thousand one hundred and forty 
dollars, 

One thousand seven hundred dollars, . 


$4,180 00 

1,140 00 
1,700 00 


Dennis, 
Eastham, 


Two thousand four hundred and forty 

dollars, 

Four hundred and twenty dollars. 


2,440 00 
420 00 


Falmouth, . 


Two thousand and twenty dollars, 


2,020 00 


Harwich, 

Mashpee, 


One thousand nine hundred and eighty 

dollars, 

One hundred and sixty dollars, . 


1,980 00 
160 00 


Orleans, 


One thousand dollars. 


1,000 00 


Provincetown, 
Sandwich, . 
Truro, 


Three thousand two hundred and eighty 
dollars, 

Two thousand three hundred and forty 
dollars, 

Six hundred and sixty dollars, . 


3,280 00 

2,340 00 
660 00 


Wellfleet, . 
Yarmouth, . 


One thousand four hundred and eighty 
dollars, 

Two thousand two hundred and eighty 
dollars, 


1,480 00 
2,280 00 




^25,080 00 



BERKSHIRE COUNTY 



Adams, 
Alford, 



Nine thousand nine hundred and sixty 

dollars, 

Four hundred and forty dollars, . 



),960 00 
440 00 



1872.— CHArTER 347. 

Berkshire County — Continued. 



303 



Becket, 

Cheshire, 

Clarksburg, . 

Dalton, 

Egremont, . 

Florida, 

Gt. Barrington, . 

Hancock, . 

Hinsdale, 

Lanesborough, . 

Lee, . 

Lenox, 

Monterey, . 

Mt. Washington, . 

New Ashford, 

New Marlboro', . 

Otis, . 

Peru, . 

Pittsfield, 

Richmond, 

Sandisfield, 

Savoy, 

Sheffield, 

Stockbridge, 

Tyringham, 

Washington, 

W. Stockbridge, 



Eight hundred and eighty dollars, 

One thousand three hundred and 

eighty dollars, . . . 

Four hundred and twenty dollars. 

One thousand four hundred and eighty 

dollars, ..... 
Eight hundred and sixty dollars, 

Five hundred and forty dollars, . 

Six thousand three hundred and forty 

dollars, 

Seven hundred dollars, 

One thousand four hundred dollars, 

One thousand one hundred and eighty 
dollars, 

Two thousand seven hundred and forty 
dollars, 

Two thousand and eighty dollars, 

Five hundred and twenty dollars, 

One hundred and sixty dollars, . 

One hundred and sixty dollars, . 

One thousand four hundred and eighty 

dollars, 

Six hundred dollars, . . . 

Three hundred and twenty dollars, 

Eleven thousand eight hundred an 

forty dollars, .... 
Eight hundred and eighty dollars, 

Nine hundred and twenty dollars, 

Five hundred dollars. 

One thousand nine hundred and eighty 
dollars, ..... 

Three thousand two hundred and eighty 
dollars, ..... 

Four hundred and sixty dollars, . 

Four hundred and sixty dollars, . 
One thousand five hundred dollars, 



1880 00 



1,380 00 
420 00 



1,480 00 
860 00 

540 00 



6,340 00 
700 00 

1,400 00 



1,180 00 



2,740 00 
2,080 00 


520 


00 


160 


00 


160 


00 


1,480 00 
600 00 



320 00 

11,840 00 
880 00 

920 00 

500 00 

1,980 00 

3,280 00 
460 00 

460 00 

1,500 00 



304 



1872.— Chapter 347. 
JBerkshire County — Concluded. 



WlUiamstown, 
Windsor, 



Two thousand five hundred dollars, 
Five hundred and twenty dollars, 



BRISTOL COUNTY 



?2,500 00 
520 00 



^58,480 00 



ristol county. 


Acushnet, . 


One thousand dollars. 


$1,000 00 




Attleborough, 


Four thousand four hundred and forty 








dollars, 


4,440 00 




Berkley, 


Five hundred andp forty dollars, . 


540 00 




Dartmouth, . 


Three thousand two hundred and sixty 








dollars, 


3,260 00 




Dighton, 


One thousand three hundred and.eighty 








dollars, 


1,380 00 




Easton, 


Four thousand and forty dollars, 


4,040 00 




Fairhaven, . 


Two thousand four hundred and forty 








dollars, 


2,440 00 




Fall River, . 


Thirty-six thousand one hundred and 








sixty dollars, . • . 


36,160 00 




Freetown, . 


One thousand two hundred and twenty 








dollars, 


1,220 00 




Mansfield, . 


One thousand five hundred and twenty 








dollars, 


1,520 00 




New Bedford, 


Thirty-two thousand two hundred and 








eighty dollars, .... 


32,280 00 




Norton, 


One thousand three hundred dollars, . 


1,300 00 




Raynham, . 


One thousand six hundred and eighty 








dollars, 


1,680 00 




Rehoboth, . 


One thousand three hundred dollars, . 


1,300 00 




Seekonk, 


Eight hundred and eighty dollars. 


880 00 




Somerset, . 


One thousand five hundred and twenty 








dollars, 


1,520 00 




Swanzey, . 


One thousand and forty dollars, . 


1,040 00 




Taunton, 


Twenty-one thousand dollars. 


21,000 00 




Westport, . 


Two thousand two hundred and eighty 








dollars, 


2,280 00 




$119,280 00 



1872.— Chapter 347. 
dukes county. 



Chilmark, . 


Five hundred dollars. 


$500 00 


Edgartx)wn, 
Gay Head, . 


One thousand seven hundred and sixty 

dollars, 

Forty dollars, 


1,760 00 
40 00 


Gosnold, 


Two hundred dollars, .... 


200 00 


Tisbury, 


One thousand one hundred and eighty 
dollars, 


1,180 00 




13,680 00 



305 



00 Dukes county. 



ESSEX COUNTY. 



Amesbury, 




Andover, 




Beverly, 




Boxford, 




Bradford, . 




Danvers, 




Essex, . 




Georgetown 




Gloucester, 




Groveland, 




Hamilton, 




Haverhill, 




Ipswich, 




Lawrence, 




Lynn, . 




Lynnfield, 




Manchester, 





Four thousand two hundred and sixty 
dollars, ...... 

Four thousand six hundred and twenty 
dollars, 

Eight thousand and sixty dollars, 

One thousand one hundred dollars, 

One thousand seven hundred dollars, 

Four thousand four hundred dollars, 

One thousand four hundred and twenty 

dollars, 

One thousand five hundred dollars, 

Eleven thousand six hundred and forty 
dollars, 

One thousand three hundred and forty 
dollars, ..... 

Seven hundred and sixty dollars. 

Thirteen thousand eight hundred and 

forty dollars, .... 
Two thousand six hundred and eighty 

dollars, 

Twenty-six thousand two hundred and 

sixty dollars, .... 
Thirty thousand five hundred and eighty 

dollars, 

Nine hundred and sixty dollars, . 

One thousand seven hundred and twen- 
ty dollars, 



$4,260 00 Essex county. 

4,620 00 
8,060 00 

1,100 00 

1,700 00 

4,400 00 



1,420 00 
1,500 00 



11,640 00 

1,340 00 
760 00 



13,840 00 

2,680 00 

26,260 00 

30,580 00 
960 00 

1,720 00 



39 



306 



1872.— Chapter 347. 

Essex County — Concluded. 



Marblehead, 
Methuen, 
MIddleton, . 
Nahant, 
Newbury, . 
Newburyport, 
North Andover, . 
Peabody, 
Rockport, . 
Rowley, 
Salem, 
Salisbury, . 
Saugus, 
Swampscott, 
Topsfield, . 
Wenham, . 
West Newbury, . 



Five thousand seven hundred and forty 

dollars, 

Three thousand dollars, 

Seven hundred dollars, 

Six thousand and twenty dollars. 

One thousand two hundred and twenty 
dollars, 

Eleven thousand nine hundred and 
sixty dollars, ..... 

Three thousand and sixty dollars. 

Seven thousand eight hundred and 
forty dollars, 

Two thousand seven hundred and 
twenty dollars, . . . . 

Eight hundred and eighty dollars, 

Thirty-two thousand three hundred 
and eighty dollars, .... 

Two thousand nine hundred and eighty 
dollars, 

Two thousand and eighty dollars, 

Two thousand seven hundred and sixty 
dollars, 

One thousand one hundred and twenty 
dollars, : 

Seven hundred and eighty dollars. 

One thousand seven hundred and 
twenty dollars, . . . . 



$5,740 00 
3,000 00 

700 00 

6,020 00 

1,220 00 

11,960 00 
3,060 00 

7,840 GO 

2,720 00 
880 00 

32,380 GO 

2,980 GO 
2,080 00 

2,760 GO 

1,120 GO 
780 00 

1,720 00 
^203,800 00 



FRANKLIN COUNTY, 



Franklin 
county. 



Ashfield, 

Bernardston, 

Buckland, . 

Charlemont, 

Colrain, 

Conway, 



Nine hundred and twenty dollars. 

Seven hundred and forty dollars, 

One thousand one hundred and sixty 

dollars, 

Six hundred and eighty dollars, . 

One thousand one hundred and forty 

dollars, 

One thousand three hundred dollars, 



$920 GO 
740 GO 



1,160 GO 
680 GO. 



1,140 00 
1,300 00 



Deerfield, 

Erving, 

Gill, . 

Greenfield, 

Hawley, 

Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

New Salem, 

Northfield, 

Orange, 

Rowe, 

Shelburne, 

Shutesbury, 

Sunderland, 

Warwick, . 

Wendell, . 

Whately, . 



Agawam, 

Blandford, 

Brimfield, 



1872.— Chapter 347. 

FranJdin County — Concluded. 



307 



Two thousand three hundred and 

eighty dollars, 
Four hundred and eighty dollars. 

Seven hundred dollars, 

Three thousand five hundred dollars, 

Three hundred and sixty dollars. 

Four hundred and eighty dollars, 

Six hundred and twenty dollars, 

Three hundred and eighty dollars. 

One hundred and twenty dollars. 

One thousand seven hundred and 

sixty dollars, .... 
Six hundred and fortj^ dollars, . 

One thousand three hundred dollars, 

One thousand nine hundred and eighty 

dollars, 

Three hundred and sixty dollars. 

One thousand five hundred dollars. 

Three hundred and eighty dollars, 

Seven hundred dollars. 

Five hundred dollars. 

Three hundred and sixty dollars. 

One thousand one hundred and sixty 
dollars, 



$2,380 00 
480 00 


700 00 


3,500 00 


360 00 


480 00 


620 00 


380 00 


120 00 


1,760 00 
640 00 



1,300 00 



1,980 00 
360 00 


1,500 00 


380 00 


700 00 


500 00 


360 00 


1,160 00 


$25,600 00 



HAMPDEN COUNTY. 



One thousand five hundred dollars. 
Eight hundred and forty dollars. 
One thousand and eighty dollars, 



11,500 00 Hampden 
county. 

840 00 
1,080 00 



308 



1872.— Chapter 347. 
Hampden County — Conchided. 



Chester, 

Chicopee, 

Granville, 

Holland, 

Holyoke, 

Longmeadow, 

Ludlow, 

Monson, 

Montgomery 

Palmer, 

Kussell, 

South wick, 

Springfield, 

Tolland, 

Wales, 

Westfield, 

West Springfield, 

Wilbraham, 



Eight hundred and eighty dollars. 
Seven thousand and twenty dollars. 
Eight hundred and forty dollars. 
Two hundred and forty dollars, . 

Nine thousand four hundred and forty 
dollars, 

One thousand six hundred and forty 
dollars, ..... 

Seven hundred and eighty dollars. 

Two thousand one hundred and forty 

dollars, 

Two hundred and sixty dollars, . 

Two thousand three hundred and 

twenty dollars, 
Four hundred and sixty dollars, . 

One thousand and sixty dollars, . 

Thirty-eight thousand three hundred 

and twenty dollars, 
Four hundred and sixty dollars, . 

Six#iundred and twenty dollars. 

Seven thousand four hundred and sixty 
dollars, 

Two thousand nine hundred and eighty 
dollars, ..... 

One thousand four hundred and eighty 
dollars, 



1880 00 

7,020 00 

840 00 

240 00 

9,440 00 

1,640 00 
780 00 



2,140 00 

260 00 



2,320 00 
460 00 

1,060 00 



38,320 00 
460 00 

620 00 



7,460 00 
2,980 00 
1,480 00 



$81,820 00 



HAMPSHIRE COUNTY. 



Hampshire 
county. 



Amherst, 
Belchertown, 
-Chesterfield, 


Four thousand four hundred and forty 
dollars, 

One thousand seven hundred and 
eighty dollars, .... 

Six hundred and sixty dollars, . 


14,440 00 

1,780 00 
660 00 


Cummington, 


Six hundred and sixty dollars, . 


660 00 


Easthampton, 


Three thousand nine hundred dollars. 


3,900 00 



1872.— Chapter 347. 
Hampshire County — Concluded. 



309 



Enfield, 

Goshen, 

Granby, 

Greenwich, . 

Hadley, 

Hatfield, . 

Huntington, 

Middlefield, 

Northampton, 

Pelham, 

Plainfield, . 

Prescott, 

South Hadley, 

Southampton, 

Ware, 

Westhampton, 

Williamsburg, 

Worthington, 



One thousand and sixty dollars, . 
Two hundred and sixty dollars, . 
Eight hundred and twenty dollars. 
Five hundred and twenty dollars, 

Two thousand one hundred and eighty 
dollars, ..... 

Two thousand one hundred and forty 
dollars, . . 

Eight hundred and eighty dollars, 

Six hundred and twenty dollars. 

Ten thousand one hundred and eighty 

dollars, 

Three hundred and eighty dollars, 

Four hundred and sixty dollars, 

Three hundred and sixty dollars, 

Two thousand seven hundred and forty 

dollars, 

Nine hundred and twenty dollars 

Two thousand seven hundred and sixty 

dollars, 

Six hundred dollars, . 

Two thousand two hundred and twenty 

dollars, 

Six hundred and forty dollars, . 



MIDDLESEX COUNTY 



Acton, 
Arlington, 
Ashby, 
Ashland, 
Ayer, . 



One thousand five hundred and eighty 
dollars, ...... 

Five thousand and sixty dollars. 

Eight hundred and sixty dollars. 

One thousand nine hundred dollars, . 

One thousand four hundred and forty 
dollars, 



|1,0G0 00 
260 00 
820 00 
520 00 

2,180 00 

2,140 00 
880 00 

620 00 



10,180 00 
380 00 


460 00 


360 00 


2,740 00 
920 00 


2,760 00 
600 00 


2,220 00 
640 00 


141,180 00 



^1,580 00 Middlesex 

5,060 00 county. 

860 00 

1,900 00 

1,440 00 



310 



1872.— Chapter 347. 
Middlesex County — Continued. 



Bedford, 

Belmont, 

Billerica, 

Boxborough, 

Brighton, 

Burlington, . 

Cambridge, . 

Carlisle, 

Charlestown, 

Chelmsford, 

Concord, 

Dracut, 

Dunstable, 

Everett, 

Framingham 

Groton, 

Holliston, 

Hopkinton, 

Hudson, 

Lexington, 

Lincoln, 

Littleton, 

Lowell, 

Maiden, 

Marlborough, 

Maynard, . 



Eight hundred and twenty dollars, 

Three thousand two hundred dollars, . 

Two thousand one hundred and forty 

dollars, 

Three hundred and eighty dollars, 

Eight thousand eight hundred and 
eighty dollars, . . . . 

Seven hundred dollars, 

Fifty-eight thousand five hundred and 
eighty dollars, .... 

Five hundred and forty dollars, . 

Thirty-eight thousand two hundred 
dollars, 

Two thousand four hundred and sixty 
dollars, 

Three thousand one hundred and forty 
dollars, ...... 

Two thousand dollars. 

Four hundred and eighty dollars, 

Two thousand eight hundred and eighty 
dollars, 

Five thousand three hundred and sixty 
dollars, 

Two thousand three hundred dollars, . 

Two thousand eight hundred and twen- 
ty dollars, 

Three thousand three hundred dollars, 

Two thousand two hundred and eighty 

dollars, 

Three thousand dollars. 

Nine hundred and eighty dollars. 

One thousand and forty dollars, . 

Thirty-eight thousand five hundred and 

eighty dollars, 

Eight thousand six hundred and eighty 

dollars, 

Five thousand one hundred and eighty 

dollars, 

One thousand five hundred dollars, . 



1820 00 


3,200 00 


2,140 00 
380 00 


8,880 00 
700 00 


58,580 00 
540 00 


38,200 00 


2,460 CO 


3,140 00 
2,000 00 



480 00 



2,880 00 



5,360 00 
2,300 00 


2,820 00 
3,300 00 


2,280 00 
3,000 00 


980 00 


1,040 00 


38,580 00 


8,680 00 


5,180 00 
1,500 00 



1872.— Chapter 347. 

Middlesex County — Concluded. 



311 



Medf(»d, . 


Eight thousand one hundred and sixty 






dollars, 


558,160 00 


Melrose, 


Three thousand six hundred and sixty 






dollars, 


3,660 00 


Natick, 


Four thousand nine hundred and sixty 






dollars, 


4,960 00 


Newton, 


Twenty-three thousand five hundred 






and forty dollars, .... 


23,540 00 


North Reading, . 


Eight hundred and twenty dollars, 


820 00 


Pepperell, . 


One thousand seven hundred and 






sixty dollars, 


1,760 00 


Reading, 


Two thousand five hundred and sixty 






dollars, 


2,560 00 


Sherborn, . 


One thousand three hundred dollars, . 


1,300 00 


Shirley, 


One thousand three hundred and 






twenty dollars, .... 


1,320 00 


Somerville, . 


Seventeen thousand nine hundred and 






sixty dollars, 


17,960 00 


Stoneham, . 


Three thousand six hundred and twen- 






ty dollars, 


3,62a 00 


Stow, . 


One thousand one hundred and twenty 






dollars, 


1,120 00 


Sudbury, 


One thousand four hundred and twenty 






dollars, 


1,420 00 


Tewksbury, 


One thousand three hundred and sixty 






dollars, 


1,360 00 


Townsend, . 


One thousand four hundred and twenty 






dollars, 


1,420 00 


Tyngsborough, . 


Five hundred dollars, 


500 00 


Wakefield, . 


Four thousand five hundred and eighty 






dollars, 


4,580 00 


Waltham, . 


Ten thousand eight hundred and forty 






dollars, 


10,840 00 


Watertown, 


Six thousand three hundred and forty 






dollars, 


6,340 00 


Wayland, . 


One thousand one hundred dollars, . 


1,100 00 


Westford, . 


One thousand six hundred and sixty 






dollars, 


1,660 00 


Weston, 


One thousand seven hundred and forty 






dollars, 


1,740 00 


Wilmington, 


Seven hundred and eighty dollars, 


780 00 


Winchester, 


Four thousand three hundred and sixty 






dollars, 


4,360 00 


Woburn, 


Ten thousand five hundred and twenty 






dollars, 


10,520 00 




1327,660 00 



312 



Nantucket Nantucket, . 

county. 



1872.--CHAPTER 347. 

NANTUCKET COUNTY 



Three thousand four hundred and 
twenty dollars, . . . . 



t 
53,420 00 





NORFOLK COUNTY. 




Norfolk county. Bellingham, 


Eight hundred and eighty dollars. 


$880 00 


Bralntree, . 


Three thousand four hundred dollars. 


3,400 00 


Brookline, . 


Twenty-four thousand two hundred 




Canton, 


and sixty dollars, .... 
Three thousand nine hundred dollars. 


24,260 00 
3,900 00 


Cohasset, . 


Two thousand six hundred dollars, 


2,600 00 


Dedham, 


Six thousand four hundred and sixty 




Dover, 


dollars, 

Six hundred dollars, .... 


6,460 00 
600 00 


FoxDorough, 


Two thousand three hundred dollars, . 


2,300 00 


Franklin, . 


Two thousand three hundred dollars, . 


2,300 00 


Holbrook, . 


One thousand seven hundred and 




Hyde Park, 


twenty dollars, .... 
Six thousand six hundred and eighty 


1,720 00 


Medfield, . 


dollars, 

One thousand two hundred dollars, . 


6,680 00 
1,200 00 


Medway, 


Two thousand six hundred and sixty 




Milton, 


dollars, 

Six thousand four hundred and twenty 


2,660 00 


Needham, . 


dollars, 

Four thousand one hundred and eighty 


6,420 00 


Norfolk, . 


dollars, 

Seven hundred and eighty dollars, 


4,180 00 
780 00 


Norwood, . 


One thousand seven hundred and 




Quincy, 


twenty dollars, .... 
Seven thousand and sixty dollars. 


1,720 00 
7,060 00 


Randolph, . 

Sharon, 


Three thousand one hundred and forty 

dollars, 

One thousand two hundred and forty 


3,140 00 


Stoughton, . 


dollars, 

Three thousand seven hundred and 


1,240 00 


Walpole, 


sixty dollars, 

One thousand nine hundred and sixty 
dollars, 


3,760 00 
1,960 00 



1872.— Chapter 347. 

Norfolh County — Concluded. 



313 



West Roxbury, 
Weymouth, . 
Wrentham, . 



Eighteen thousand five hundred and 
sixty dollars, ..... 

Seven thousand nine hundred and 
eighty dollars, . . . . 

One thousand seven hundred and 
eighty dollars, . . . . 



$18,560 00 
7,980 00 
1,780 00 



$117,540 00 



PLYMOUTH COUNTY. 



Abington, . 
Bridgewater, 
Carver, 
Duxbury, . 
East Bi'idgewater, 
Halifax, 
Hanover, 
Hanson, 
Hingham, . 
Hull, . 
Kingston, . 
Lakeville, . 
Marion, 
Marshfield, . 
Mattapoisett, 
Middleborough, . 
No. Bridgewater, 
Pembroke, . 
Plymouth, . 
Ply mp ton, . 



Seven thousand and eighty dollars, 

Three thousand three hundred and 

eighty dollars, 
Nine hundred and twenty dollars, 

One thousand nine hundred and twenty 
dollars, 

Two thousand one hundred and forty 
dollars, ..... 

Five hundred and forty dollars, . 

One thousand five hundred dollars. 

Nine hundred dollars, 

Four thousand six hundred and forty 

dollars, 

Three hundred and forty dollars, 

One thousand nine hundred and forty 

dollars, . . . . 
Nine hundred and twenty dollars, 

Seven hundred and forty dollars. 

One thousand three hundred and sixty 

dollars, . . • . . 
One thousand dollars. 

Three thousand eight hundred and forty 

dollars, ..... 
Six thousand and twenty dollars, 

One thousand and sixty dollars, . 

Five thousand four hundred and eighty 

dollars, ..... 
Five hundred and forty dollars, . 



r,080 00 Plymouth 

' county. 



3,380 00 
920 00 



1,920 00 

2,140 00 
540 00 

1,500 00 

900 00 



4,640 00 
340 00 



1,940 00 
920 00 

740 00 



1,360 00 
1,000 00 



3,840 00 
6,020 00 

1,060 00 



5,480 00 
540 00 



40 



314 



1872.— Chapter 347. 
Plymouth County — Concluded. 



Rochester, . 


Eight hundred and forty dollars, 


$840 00 


Scituate, 


One thousand eight hundred and twen- 






ty dollars, 


1,820 00 


South Scituate, . 


One thousand five hundred and twenty 






dollars, 


1,520 00 


Wareham, . 


One thousand nine hundred and sixty 






dollars, 


1,960 00 


W. Bridgewater, . 


One thousand three hundred and forty 






dollars, 


1,340 00 




$53,740 00 



SUFFOLK COUNTY. 



Suffolk county. Boston, 


Seven hundred and thirty-six thousand 






four hundred and eighty dollars. 


$736,480 00 


Chelsea, 


Seventeen thousand five hundred a«d 






sixty dollars, 


17,560 00 


Revere, 


One thousand four hundred and twenty 






dollars, 


1,420 00 


Winthrop, . 


Seven hundred dollars. 


700 00 




$756,160 00 



WORCESTER COUNTY 



Worcester 
county. 



Ashburnham 


. 


Athol, 




Auburn, 




Barre, 




Berlin, 




Blackstone, 




Bolton, 




Boylston, 




Brookfield, 




Charlton, 





One thousand six hundred and twenty 
dollars, ...... 

Three thousand two hundred and sixty 
dollars, 

Eight hundred and twenty dollars. 

Two thousand six hundred and eighty 

dollars, 

Seven hundred and forty dollars. 

Three thousand five hundred and forty 

dollars 

Nine hundred dollars, 

Seven hundred and eighty dollars, 

Two thousand dollars. 

One thousand six hundred dollars. 



11,620 00 

3,260 00 
820 00 



2,680 00 
740 00 



3,540 00 
900 00 

780 00 

2,000 00 

1,600 00 



1872.— Chapter 347. 
Worcester County — Continued. 



315 



Clinton, . 


Four thousand four hundred and forty 






dollars, 


$4,440 00 


Dana, 


Five hundred dollars. 


500 00 


Douglas, 


One thousand six hundred and twenty 






dollars, 


1,620 00 


Dudley, 


One thousand six hundred and sixty 






dollars, 


1,660 00 


Fitchburg, . 


Fifteen thousand two hundred and forty 






dollars, 


15,240 00 


Gardner, 


Two thousand eight hundred and 






twenty dollars, .... 


2,820 00 


Grafton, 


Three thousand and twenty dollars, . 


3,020 00 


Hardwick, . 


One thousand seven hundred and sixty 






dollars, 


1,760 00 


Harvard, . 


One thousand four hundred and eighty 






dollars, 


1,480 00 


Holden, 


One thousand four hundred and eighty 






dollars, 


1,480 00 


Hubbardston, 


One thousand three hundred and eighty 






dollars, 


1,380 00 


Lancaster, . 


Two thousand eight hundred and eighty 






dollars, ...... 


2,880 00 


Leicester, . 


Two thousand nine hundred and sixty 






dollars, 


2,960 00 


Leominster, 


Four thousand three hundred and sixty 






dollars, 


4,360 00 


Lunenburg, 


One thousand one hundred and twenty 






dollars, 


1,120 00 


Mendon, 


One thousand and sixty dollars, . 


1,060 00 


Milford, 


Seven thousand eight hundred and 




p 


eighty dollars, .... 


7,880 00 


Millbury, . 


Three thousand one hundred and 






twenty dollars, .... 


3,120 00 


New Braintree, . 


Eight hundred dollars. 


800 00 


Northborough, 


One thousand seven hundred and 






eighty dollars, .... 


1,780 00 


Northbridge, 


Two thousand eight hundred and sixty 






dollars, 


2,860 00 


North Brookfield, 


Two thousand eight hundred and 






twenty dollars, .... 


2,820 00 


Oakham, . 


Six hundred and twenty dollars, 


620 00 


Oxford, 


Two thousand one hundred dollars, . 


2,100 00 


Paxton, 


Five hundred and forty dollars, . 


540 00 


Petersham, . 


One thousand one hundred and twenty 






dollars, 


1,120 00 



316 



1872.— Chapter 347. 

Worcester County — Concluded. 



Pbillipston, . 

Princeton, . 

Royalston, . 

Rutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 

Sturbridge, 

Sutton, 

Templeton, 

Upton, 

Uxbridge, 

Warren, 

Webster, 

Westborough, 

West Boylston, . 

West Brookfield, . 

Westminster, 

Winchendon, 

Worcester, . 



Five hundred dollars. 

One thousand three hundred and 
twenty dollars, .... 

One thousand two hundred and sixty 
dollars, 

Eight hundred and twenty dollars, 

One thousand six hundred and twenty 
dollars, 

One thousand nine hundred and eighty 
dollars, 

Three thousand seven hundred dollars. 

Three thousand two hundred and 

eighty dollars, .... 

One thousand seven hundred and sixty 

dollars, 

One thousand five hundred and sixty 

dollars, 

One thousand eight hundred and eighty 

dollars, 

One thousand nine hundred and sixty 

dollars, 

One thousand four hundred and twenty 

dollars, 

Two thousand six hundred and eighty 

dollars, ...... 

Two thousand two hundred and eighty 

dollars, ...... 

Three thousand five hujjdred and forty 

dollars, 

Three thousand and sixty dollars. 

One thousand seven hundred and 
eighty dollars, . . . . . 

One thousand three hundred and forty 
dollars, ...... 

One thousand four hundred and twenty 
dollars 

Three thousand and twenty dollars, . 

Fifty-one thousand and twenty dollars, 



$500 00 



1,320 00 

1,260 00 
820 00 



1,620 00 



1,980 00 
3,700 00 


3,280 00 


1,760 00 


1,560 00 


1,880 00 


1,960 00 


1,420 00 


2,680 00 


2,280 00 



3,540 00 
3,060 00 



1,780 00 

1,340 00 

1,420 00 
3,020 00 

51,020 00 

$182,560 00 



1872.— Chapter 347. 

RECAPITULATION 



31' 



Barnstable Co., • 
Berkshire Co , 

Bristol County, . 

Dukes County, . 
Essex County, 
Franklin County, 
Hampden Co., 

Hampshire Co , . 

Middlesex Co , • 

Nantucket Co., . 

Norfolk County, . 
Plymouth Co., 

Suffolk County, . 

Worcester Co , . 



Twenty-five thousand and eighty dol- 
lars, 

Fifty-eight thousand four hundred and 
eighty dollars, .... 

One hundred nineteen thousand two 
hundred and eighty dollars, 

Three thousand six hundred and eighty 
dollars, ... . . 

Two hundred and three thousand eight 
hundred dollars, .... 

Twenty-five thousand six hundred dol- 
lars, ...... 

Eighty-one thousand eight hundred 
and twenty dollars. 

Forty-one thousand one hundred and 
eighty dollars, . . . . 

Three hundred twenty-seven thousand 
six hundred and sixty dollars, 

Three thousand four hundred and 
twenty dollars, . . . . 

One hundred seventeen thousand five 
hundred and forty dollars, 

Fifty-three thousand seven hundred 
and forty dollars, . . . . 

Seven hundred fifty-six thousand one 
hundred and sixty dollars. 

One hundred eighty-two thousand five 
hundred and sixty dollars. 



$25,080 00 
58,480 00 

119,280 00 
3,680 00 

203,800 00 
25,600 00 
81,820 00 
41,180 00 

327,660 00 
3,420 00 

117,540 00 
53,740 00 

756,160 00 

182,560 00 



.12,000,000 00 



Section 2. The treasurer shall forthwith send his war- 
rant, 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-two, the sums 
set against said cities or towns in the schedule aforesaid ; and 
the selectmen or assessors, respectively, shall return a certifi- 
cate of the names of such treasurers, with the sum which 



Treasurer of 
Commouwealth 
to iiiifue war- 
rant. 



To require se- 
lectmen or as- 
WS!<ors to issue 
warrant to city 
or town treas- 
urers. 



Names of treas- 
urers, etc., to 
be returned. 



318 1872.— Chapters 348, 349. 

each may be required to collect, to the treasurer of the 
Commonwealth, at some time before the first day of October 
next. 
Treasurer of SECTION 4. If the amount duc frooi any city or town, as 

to noTi?" deuu- provided in this act, is not paid to the treasurer of the Com- 
town^^reLurer. mon Wealth witliin the time specified, then the treasurer shall 
notify the treasurer of said delinquent city or town, who 
shall pay into the treasury of the Commonwealth, in addition 
to the tax, such further sum as would be equal to one per 
centum per month during such delinquency, dating on and 
after the first day of December next ; and, if the same 
remains unpaid after the first day of January next, an infor- 
mation may be filed, by the treasurer of the Commonwealth, 
in the supreme judicial court, or before any justice thereof, 
against such delinquent city or town ; and, upon notice to 
such city or town, and a summary hearing thereon, a war- 
rant of distress may issue against such city or town, to 
enforce the payment of said taxes, under such penalties as 
said court, or the justice thereof before whom the hearing 
is had, shall order. 

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

Approved May 6, 1872. 
Chap. 348 -^^ ^^'^ ^^ relation to cheap morning and evening railroad 

TRAINS to and FROM BOSTON. 

Be it enacted, Sfc, as follows: ■ * 

and Tve'^fu"'"^ Evcry railroad corporation or party owning or controlling 
railroad trains a railroad running out from Boston, shall furnish each day 
Boaton.'°'" u momiug train in and an evening train out, or suitable cars 
attached to other trains, and reaching and leaving Boston at 
about six o'clock in the forenoon and afternoon, or at such 
hours as may be fixed by the railroad commissioners, for 
distances not exceeding fifteen miles, and for such trains, 
they shall furnish yearly season tickets at a rate not exceed- 
ing three dollars per mile per year, good once a day each 
way for six days in a week, and quarterly tickets not exceed- 
ing one dollar per quarter per mile : provided, that the 
number of persons making application therefor shall not be 
less than two hundred. Approved May 6, 1872. 

Char) 349 -^^ ^^^ ^^ relation to reports of financial estimates. 

Be it enacted, Sfc, as follows : 
a**m'riaUon8 ^^^ hcads of departments and officials making estimates 
required to be aud Calling for appropriations shall make their reports upon 
™cre*ta?y on or the samc to the secretary of state on or before the fifteenth 
ofeach^year.^' day of December of each year, covering the period up to 

one year from the next first of January, and the secretary 



1872.— Chapters 350, 351. 319 

of state shall embody them, including his own estimates, in 
one document, of which the usual number shall be printed 
and laid before the legislature on the second Wednesday of 
the succeeding January for its examination. 

Approved May 6, 1872. 

An Act to establish the salary of the sheriff op dukes QJian. 350 

COUNTY. ^' 

Be it enacted, i^'c, as follotcs : 

Section 1. The sheriff of Dukes county shall receive, in salary of four 
quarterly payments from the treasury of said county, an larsf '^^'^ ^°^" 
annual salary of four hundred dollars. 

Section 2. The salary herein provided shall be paid from xo be paid from 
the first day of January, in the year eighteen hundred and " ' 
seventy-two. 

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

Approved May 6, 1872. 
An Act to modify the harbor link between savin hill and QJian. 351 

COMMERCIAL POINT, IN BOSTON HARBOR. "' 

Be it enacted, ^c, as folloivs : 

Section 1. So much of section four of chapter two hun- Harbor line 
dred and ninety-three of the acts of the year eighteen hun- [wterlavin 
dred and fifty-six, as defines the line from the point H to merctai'^Poiut' 
the point L is hereby repealed ; and in place of the same, a in Boston Har- 
line is hereby established, beyond which no wharf or pier or 
other structure shall ever hereafter be extended from the 
shore into or over tide-waters of the Commonwealth ; begin- 
ning at said point H, and running thence south-westwardly 
twenty-three hundred and twenty feet, making an angle of 
one hundred and twenty-four degrees (taken from a north- 
eastwardly to a south-westwardly direction) with the line 
last described ; thence continuing nineteen hundred feet 
westwardly a little more southwardly, making an angle 
of five 'degrees and fifteen minutes, with the line last de- 
scribed extended ; thence westwardly in a straight line, 
which, extended, would strike the east side of the embank- 
ment of the Old Colony and Newport Railroad five hundred 
and fifteen feet northwardly from the north side of the pres- 
ent water-way througli said embankment, to a point five 
hundred feet eastwardly from the east side of said embank- 
ment ; thence southwardly five hundred and ninety feet 
parallel to the east side of said embankment ; thence soutli- 
eastwardly in a straight line to said point L. 

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

Approved May 6, 1872. 



320 



1872.— Chapters 352, 353. 



Salaries estab- 
lished. 



Chap, 352 An Act to establish the salaries of district attorneys, and 

OF THK assistant DISTRICT ATTORNEY FOR THE SUFFOLK DIS- 
TRICT. 

Be it enacted, SjX., as follotos : 

Section 1. The annual salaries of the district attorneys 
for the northern, eastern, south-eastern, southern, middle 
and western districts, shall hereafter be two thousand dol- 
lars ; for the north-western district, fifteen hundred dollars ; 
and of the assistant district attorney for the Suffolk district, 
twenty-five hundred dollars ; to be paid to them respectively 
out of the treasury, in monthly payments, and in that pro- 
portion for any part of a year, and from the first day of July 
next. 

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

Approved Blay 6, 1872. 



Chan 353 ^^ ^^^ ^^^ ^^^ abatement of a nuisance in THE LOWER BASIN 

■•' ■ OF miller's river, and for the preservation of health in 

THE CITIES OF CAMBRIDGE AND SOMERVILLE. 



Board of com- 
missioners 
established. 



To devise a 
plan for drain- 
age, etc. 



To devise tem- 
porary meas- 
ures for abate- 
ment of nui- 
sance. 



Be it enacted, Sfc, as follows : 

Section 1. The harbor commissioners and the state board 
of health shall jointly constitute a board of commissioners 
for the purposes hereinafter named. 

Section 2. The said commissioners shall, after due- 
notice to and hearing of all parties interested, devise and 
report to the mayor and aldermen of the cities of Cambridge 
and Somerville, respectively, a plan for draining and abating 
a nuisance existing in and upon the district lying within the 
limits of the said cities, which is bounded north-easterly by 
the Boston and Lowell Railroad in Cambridge and Somer- 
ville, north-westerly by the Fitchburg Railroad in Somer- 
ville, northerly by Milk Street in Somerville, westerly by 
Prospect Street in Somerville, south-westerly by Webster 
Avenue in Somerville, southerly by the boundary line 
between Cambridge and Somerville and by Gore Street in 
Cambridge, easterly by Fifth Street in Cambridge, southerly 
by Winter Street in Cambridge, and easterly, in Cambridge, 
by Fourth Street and the line of Fourth Street extended to 
the Boston and Lowell Railroad, — which plan shall provide, 
if practicable, for the preservation and improvement of so 
much of the channel and basins of Miller's River as is now 
flowed by the tide below the point where the Grand Junc- 
tion Railroad in Somerville crosses such river and basin. 

Section 3. Said commissioners shall from time to time, 
and during the pendency of their report, devise and recom- 
mend to the mayor and aldermen of said cities, respectively, 
or to the boards of health thereof, such immediate or tempo- 



1872— Chapter 354. 321 

rary measures for the abatement of said nuisance and the 
preservation of the health of the inhabitants as they shall 
deem expedient. 

Section 4. Said commissioners in the discharge of their May cause sur- 
duties shall have power to cause to be made proper sur- made.*^ 
veys of said district and estimates for carrying out the per- 
manent and temporary measures by them recommended, 
the expenses of making said surveys and estimates to be 
paid by the two cities as the commissioners shall determine. 

Section 5. The cities of Cambridge and Somerville, Cambridge and 
respectively, may carry out the provisions of this act and fa^k^iauds, etc5 
the measures recommended by the commissioners, and for 
that purpose may purchase or take lands in said cities in the 
same manner and with the same rights of appeal as provided 
in the general laws in regard to taking land for highways, 
and the title to land so taken shall vest in the city taking 
the same. 

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

Approved May 6, 1872. 

An Act to dissolve certain corporations. Chan, 354 

Be it enacted, ^'c, as follows : 

Section 1. Such of the following corporations as are not corporations 
already legally dissolved, viz. : — 

A. Field and Company. 

Abbott Hat Company. 

Acworth Gold Mining and Smelting Company. 

Agawara Woolen Company. 

Albion Gold Mining Company. 

Alexandrian Copper Mining Company. 

Allegheny Fertilizer Company. 

Alleghany River Oil Company. 

Almada Silver Mining Company. 

Alpha Gold Mining Company. 

American Artificial Limb Company. 

American Automatic Stop Motion Company. 

American Book and Paper Folding Company. 

American Bread Mixing and Kneading Machine Company. 

American Chemical Company. 

American Cigar Makers' Cooperative Association. 

American Copper Mining Company. 

American Enamel Company. 

American Felting Company. 

American and Foreign Steam Safety Company, 

American Gas Machine Company. 

American Gold Mining Company. 

American Grist Mill Company. 

41 



322 . 1872.— Chapter 354. 

dissoived!°°^ American Hide and Leather Si^litting and Dressing Machine 
Company. 
American Hoop Machine Company. 
American Horseshoe Company. 

American Hydraulic and Steam-Engine Corporation. 
American Imjjroved Gas Light Company of West Roxbury. 
American Joint-Stock Pegging Machine Comj^any. 
American Leather Splitting Company. 
American Machine Stamp Company. 
American Patent Sponge Company. 
American Repeating Rifle Company. 
American Rotary Pump Company. 
American Slate Company. 
American Soda Fountain Company. 
American Steam Gas Company. 
American Steamship Paddle Wheel Company. 
American Stereoscopic Company. 
American Stereotype Company, 
American Tree Protector Company. 
American Verd- Antique Marble Company. 
American Whip Company. 
Amesbury Hat Company. 
Amesbury Woolen Company. 
Anglo-Saxon Petroleum Oil Company. 
Annapolis Copper Company. 
Archimedean Ventilation Company. 
Aj-gentine Silver Mning and Exploring Company. 
Argyle Macliinery Company. 
Atlantic Gold Llining Company. 
Atlantic Rubber Company. 
Automatic Gas Machine Company. 
Bass River Association. 
Bay State Barrel Company. 
Bay State Gold and Silver Mining Company. 
Bay State Lumber Company. 
Bay State Milling and Machine Company. 
Bay State Tool Manufacturing Company. 
Bear Valley Coal Company. 
Beebe Farm Oil Company, 
Belcher Peat Company. 
Belmont Coal Mining Company. 
Bemis Paper Company. 
Berkley Manufacturing Company. 
Berkley Mills. 
Berkshire Paper Company. 
Berlin Iron Company. 
Bickford Knitting Machine Company. 
Bickford Novelty Manufacturing Company. 
Big Hulett Oil Oi-eek Company. 
Biarelow Mills. 



1872.— Chapter 854. 323 

Blair County Iron and Coal Company. Corporations 

Blake Boot and Shoe Machine Company. '*'"^ ^^ 

Bolton Mining Company. 

Bolton Shoe Company. 

Boston Acid Manufacturing Company. 

Boston Air-Tight Gas and Water Pipe Company. 

Boston and Canada Oil and Land Company. 

Boston and Chicago Gold Mining Company. 

Boston and Danby Iron jVIining Company. 

Boston and Mahanoy Coal Company. 

Boston and Martha's Vineyard Peat Company. 

Boston and New York Pamt Company. 

Boston and Nortlifield Slate and Tile Company. 

Boston and Nova Scotia G^ld Mining Company. 

Boston and Ohio River Petroleum Company. 

Boston Bituminized Pipe Company. 

Boston Button Company. 

Boston Cai-pet Company. 

Boston Champion Fixture Company. 

Boston Cooperative Association. 

Boston Copper and Sulphuric Acid Company. 

Boston Cordage Company. 

Boston Corset Skirt Company. 

Boston Earthen-Ware Manufacturing Company. 

Boston Elastic Stamp Company. 

Boston Evening Courier Association. 

Boston Fibrilia Felting Company. 

Boston Folding Lamp-Shade Company. 

Boston Fruit-Preserving Company. 

Boston Hemp Manufacturing Company. 

Boston Fuse Company. 

Boston Lumber Company. 

Boston Milling and Manufacturing Company. 

Boston Oil Company. 

Boston Oil-Refining Company. 

Boston Papier Mache Company. 

Boston Petroleum Oil Company. 

Boston, Pittsburg and West Virginia Petroleum Company. 

Boston Printing and Publishing Company. 

Boston Rattan Works. 

Boston Roofing and Manufacturing Company. 

Boston Shoe-Binding Manufacturing Company. 

Boston Shoe-Stud and Button Company. 

Boston Slate Company. 

Boston Small Arms Improvement Company. 

Boston Spring Bed Company. 

Boston Steel and Iron Company. 

Boston Sugar-Refining Company. 

Boston Veneer Box Company. 

Bowman Oil Company. 



324 1872.— Chapter 354. 

Corporations Brandon Iron Works. 

dissolved. -^ . „ ^ -, e~, i • ^ 

Brimfield Stockinett Company. 

Bristol Coal Company. 

Britannia Gold Company. 

Brome Mining Company. 

Brown and Allen Company. 

Brown and Allen's Pianoforte Company. 

Buckingham Plumbago Mining Company. 

BuUivant Shoe and Last Company. 

Bunker Hill Gold Mining Company. 

Butler Coal Mining Company. 

Caledonia Gold Mining Company. 

Cambridge Horse Nail Company. 

Canada Lead Mining Company. 

Canadian Gold Mining Company. 

Canton Elastic Fabric Company. 

Canton Woolen Mills. 

Cape Breton Coal Mining Company. 

Cape Cod Boot and Shoe Manufacturing Company. 

Cai'olina Lumber Company. 

Carson Paper Company. 

Cary Oil Company. 

Central City Gold Mining Company. 

Centre ville Fish Weir Company. 

Champlain Copper Mining Company. 

Chatham Mining Company. 

Chaudiere Copper Mining Company. 

Chebucto Gold Mining Company. 

Chelsea Workingmen's Cooperative Association. 

Cheshire Glass Company. 

Chester Mining Company. 

Chicopee Boot and Shoe Company. 

Chicopee Malleable Iron Works. 

Cigar Makers' Cooperative Association. 

Cigar Makers' Corporate Association. 

Clarendon Gold Mining Company. 

Cloth and Leather Machine Cutting Company. 

Coal Brook Coal Mining Company. 

Coal Hill Lead Mining Company of Rossie. 

Cochituate Protective Union. 

Colonial Gold Company. 

Colorado Gold Mining Company. 

Combination Nursery Ii\irniture Company. 

Consolidated Oxygenized Gas Manufactu.ring Company. 

Contoocook Valley Plumbago Mining Company. 

Cook Gold Mining Company of Boston. 

Cook Gold Mining Company of Colorado. 

Cooperative Manufacturing Association of Charlestown. 

Copper Hill Mining Company. 

Cornwall Copper Mining Company. 



1872.— Chapter 354. 325 

Cotswold Brush Company. Su-edr'' 

Crescent Petroleum Company. 

Crosby and Thom]ison's Desulphurizing Machine Company. 

Cutting Machine Manufacturing Company. 

Dalby Mills, The. 

Daggett Manufacturing Company. 

Davis Manufacturing Company. 

Dayton Mining Company. 

Dental Vulcanite Company. 

Devonshire Gold Company. 

Dighton Rolling Mill Company. 

Dighton Tack Company. 

Dighton Woolen Company. 

Dover Copper Mining Company. 

Dunham Copper Company. 

Dunlap Manufacturing Company. 

Duxbury Mill Company. 

Eagle Machine Company. 

Eagle Mills. 

Eagle Sugar Refinery. 

East Cambridge Gas and Oil Company. 

East Mount Laffee Coal Company. 

Easy Paper-Collar and Cuflf Manufacturing Company. 

Edgeworth Rubber Company. 

Egyptian Gold Mining Company. 

Elastic Horseshoe Cushion Company. 

Eldorado Gold Mining Company. 

Elliot Brick Company. 

Embleton Coal Company. 

Empire Cigar Company. 

Empire Slate and Tile Company. 

Enamel Paint Company. 

Enniskillen Petroleum Company. 

Essex Comb Company. 

Essex Hat Manufacturing Company. 

Essex Mining Company. 

Eureka Manufacturing Company. 

Excelsior Gold Mining Company. 

Excelsior Mining Company of Colorado, 

Excelsior Spring Bottom Bedstead Company^ 

Fall River Foundry Company. 

Farmers' Butter and Cheese Company. 

Farmers' Grain Mill Company. 

Federal Union Mining Company. 

Fibrilia and Flax Machinery Company. 

Fibrilia Felting Company. 

Fibrilia Manufacturing Company. 

Fitchburg Foundry and Machine Company. 

Follet Straw Manufacturing Company. 

Ford Gold Mining Company of Massachusetts. 

Forrest Rubber Company. 



326 1872.— Chapter 354. 

Sived."*"^ Foxborough Steam Mill Company. 
Foxborough Straw Works. 
Franklin Coal Company of Lykens Valley. 
Franklin Hand Stamp Company. 
Franklin Loan and Fund Association. 
Fiiller Farm Oil Company. 
Fuzzard Wadding Manufacturing Company. 
Gas Fire Lighting Company. 
General Sherman Gold Mining Company. 
Gilbert River Gold Mining Company. 
Gillespie Governor Manufacturing Company. 
Gilpin Gold Mining Company of Colorado 
Glencoe Mining Company. 
Glendale Vulcanized Rubber Company. 
Glendon Coal Oil Company. 
Globe Manufacturing Company. 
Godfrey Boot and Shoe Company. 
Gold Field Mining Company. 
Goodrich Lumber Manufacturing Corporation. 
Goodyear's Dental Rubber Company. 
Grand Lake Coal Company. 
Grand Trunk Copper Mining Company. 
Grand Tunnel Coal Company. 
Granite State Ochre Company. 
Green Mountain Mining Company. 
Greene Rifle Works. 
Greenwood Coal Mining Company. 
Groton Soapstone Company. 
H. M. Richards Jewelry Company. 
Hadley Manufacturing Company. 
Halifax Copper Mining Company. 
Halifax Gold Mining Company. 
Hampden Cigar Company. 
Hampden Skirt Company. 
Hampton Lead Mining Company. 
Hampton Mining and Smelting Company. 
Hampton Welsh Slate Company. 
Hancock Patent Steam Blower Company. 
Harewood Iron and Mining Company. 
Harvard Silver Mining Company. 
Harvey Manufacturing Company. 
Heel Machine Company. 
Heywood Chair Manufactiiring Company. 
Hingham Wooden Ware Comj^any. 
Holliston Comb Company. 
Holyoke Warp Mill. 
Hoosier Lode Mining Company. 
Horton Hat Company. 
Howard Clock and Watch Company. 
Hubbard Silver Mining Company. 



1872.— Chapter 354. 327 

Hubbardston Chair Works. S?Ted.°'" 

Hudson River Marble Company. 

Hugnenot Manufacturing Company. 

I. Washburn and Moen Wire Works. 

lUinois Gold Mining Company of Colorado. 

Indian Spring Oil Company. 

International Gold Mining Company. 

Inventors' Manufacturing Company. 

Invincible Gold Mining Company. 

Iron Age Carriage Company. 

Island Pond Copper Manufacturing Company. 

J. Russell Manufacturing Company. 

Kent Gold Mining Company. 

King Gold Mining Company. 

King Manufacturing Company. 

Lafayette Mining Company. 

Lake Mining Company. 

Lamb Knitting Machine Company. 

Leavitt Sewing Machine Company. 

Lee Collar Company. 

Lee Woolen Company. 

Lenoxville Mining and Smelting Company. 

Lightfoot's Currying Oil Company. 

Linden Iron and Steel Manufactming Company. 

Lisbon Gold Mining Company. 

Lithographic Power Press Company. 

Littleton Woolen Company. 

LiveiTnore Manufacturing Company. 

Logan Copper Mining Company. 

London Shoe Tip Company. 

Lorberry Coal Company. 

Lost Mountain Gold> Mining Company of Colorado. 

Lowell Arms Company. 

Lowell Wire Fence Company. 

Ludlow Mills. 

Lyman Lumber Manufacturing Company. 

Lynn Boot and Shoe Company. 

Lynn Grocery Company. 

Lyster Copper Company. 

Machine and Lathe Company. 

Mahan(?y Coal Company. 

Maiden Highlands Company. 

Mansfield Machine Company. 

Marine Guano and Oil Company. 

Massachusetts and Oil Creek Petroleum Company. 

Massachusetts and Vermont Beater Press Company. 

Massachusetts Condensing Company. 

Massachusetts Gas Company. 

Massachusetts Illuminating Gas Company. 

Massachusetts Lead Company. 



328 1872.— Chapter 354. 

dTssoived^"^ Massachusetts Leather-Splitting Machine Company. 
Massachusetts Mining Company. 
Massachusetts Nailless Horseshoe Company. 
Massachusetts Shovel Company. 
Massachusetts Steam Heating Company. 
Mattapan Iron Works. 

Mecca Lubricating Oil Company. • 

Medfield Boot and Shoe Manufacturing Company. 
Melaniline Paint Company. 
Merchant's Gold and Silver Company. 
Merrill Patent Barrel Company. 
Merrimac Arms and Manufacturing Company. 
Merrimac Brush Company. 
Merrimac Woolen Company. 
Merrimac Woolen Mills. 
Merrimack Hosiery Company. 
Merrimack Lumber Company. 
Metal Works and Stevens Flux Company. 
Metallic Compression Casting Company. 
Middleborough Steam Mill Company. 
Middlesex Hose Manufacturing Company. 
Mineral Soap Company. 
Mirror Marble Company. 
Monatiquot Mills. 
Monitor Gold Mining Company. 
Montague Boot and Shoe Company. 
Montague Gold Mining Company of Nova Scotia. 
Montezuma Gold Mining Comjmny of Colorado. 
Morrill Petroleum Stove Company. 
Morse Comb Company. 
Mosely Iron Bridge and Roof Company. 
Mosely Iron Building Works. • 

Mosman Governor Company. 
Mount Tom Paper Company. 

Mutual Mining and Exploring Company of Colorado and Utah. 
Muzzey Rifle-Barrel and Gun Manufacturing Company. 
N. Hayward Company. 
Nantucket Boot and Shoe Company. 
Narragansett Coal Mining Company. 
National Lead Mining Company. 
National Paper- Collar Company. 
National Screen and Sieve Company. 
National Steam-Gauge Company. 
National Union Match Company. 
Naumkeag Brick Manufacturing Company. 
Nayasset Paper Company. 
Nelson Copper Mining Company. 
Nevada Gold Mining Company. 
New Bedford Boot and Shoe Manufiactory. 
New Bedford Glass Company. 



1872.— Chapter 354. 329 

New Bedford Workingmen's Cooperative Association. corporations 

-\T-r>T^Tm dissolved. 

JNew Bediord iannery. 

New Bedford Tanning Company. 

New England Agricultural Company. 

New England and Nevada Silver Mining Company. 

New England Anti-Incrustation Company. 

New England Broom Company. 

New England Combination Iron and Steel Manufacturing Com- 
pany. 

New England Cordage Machine Company. 

New England Drum Heating Company. 

New England Elastic Heel Company. 

New England Elastic Hoof Pad Company. 

New England Furniture Company. 

New England Graphite Company. 

New England Handle Company. 

New England Hard Rubber Truss Company. 

New England Jewelry Company. 

New England Lithographic Steam Printing Company. 

New England Machinists Company. 

New England Manufact^iring Company. 

New England Mining Company of Colorado. 

New England Model Collar Company. 

New England Oil Manufacturing Company. 

New England Papier Mache Company. 

New England Patent Oil Cup Company. 

New England Petroleum Company. 

New England Petroleum Stove Company. 

New England Portable Railroad Company. 

New England Silk Company. 

New England Steam Drill Company. 

New England Tanning Company. 

New England Vulcanite Hide Company. 

New England Wood Hangings Company. 

New Era Gold Mining Company of Colorado. 

Newbury Manufacturing Company. 

Newburyport Brush Company. 

Newburyport Peat Company. 

Newfield Paper Company. 

Newton Mining Company. 

Newton Slate Company. 

Nowell Hill Mining and Smelting Company. 

North Abington Boot and Shoe Manufacturing Company. 

North Abington Cooperative Association. 

North American Patent Boot and Shoe Company. 

North American Verd-Antique Marble Company. 

North Bridgewater Workingmen's Cooperative Grocery and 
Provision Association. 

Northampton Mills. 

Northampton Street Sugar Refinery. 

42 



330 1872.~-Chapter 354. 

S?red°°" Norton Straw Company. 

Oakville Manufacturing Company. 
Ocean Oil and Guano Company. 
Ocean Oil Manufacturing Company. 
Oceanic Oil and Guano Company. 
Oldham and Boston Gold Mining Company. 
Oscillating Skate Company. 
Ottawa Mining Company. 
Oxford Plumbago Mining Company. 
Peck Gold Mining Company. 

Pennsylvania and Canada Lumber and Mining Company. 
People's Mutual Petroleum Oil Company. 
Persian Sherbet Company. 
Petrolia Refining Company. 
Pigeon Cove Granite Company. 
Pitcher's Castoria Manufacturing Company. 
Plymouth Tack and Rivet Company. 
Plymouth Woolen Mills. 
Powon Blank-Book Manufacturing Company. 
Pratt's Patent Leather-Splitting Machine Manufacturing Com- 
pany. 
Provincial Gold Mining Company of Nova Scotia. 
Provincial Manganese Mining Company. 
Prussian Chemical Company. 
Quinsigamond Iron and Wire Works. 
Randolph Cooperative Association. 
Reese River Silver Mining Company. 
Renfrew Gold Mining and Crushing Company. 
Revenue Gold Mining Company. 
Revere Woolen Mills. 
Rivers Mill. 

Rockport Steam Cotton Mills. 
Roper Repeating Rifle Company. 
Roper Sporting Arms Company. 
Roscoe Mining Company. 
Rosecrans Gold Mining Company of Colorado. 
Roxbury Linen Company. 
Royalston Steam Mill Company. 
Rubber Band Carpet Sweeper Company. 
Rubber Sole Shoe Company. 
Rumford Chemical Works. 
Rumford Food Laboratory. 

S. P. Ruggles Power Press Manufacturing Company. 
St. Lawrence Mineral Land and Mining Company. 
St. Maurice Lumber Company. 
Salamanca Oil and Refining Company. 
Salem Car Company. 
Salem Leg Company. 
Salem Machine Shop. 
Sandwich Peat Company. 



1872.— Chapter 354. 331 

Saxon Sheet Glass Company. Swed °°' 

Scipio Iron and Coal Mining Company. 

Scudders' Beach Weir Company. 

Seneca Oil Well Company. 

Shawmut Gold Mining Company. 

Shelburne Falls Cutlery Company. 

Sheldonville Jewelry Company. 

Sherman Gold Mining Company. 

Sherman Manufacturing Company. 

Silver Creek Coal Company. 

Silver Star Mining Company of Boston and Nevada. 

Singletary Boot and Shoe Manufacturing Company. 

Solid Lever Bridge Company. 

Somerset Iron Works Company. 

Somerset Shoe Manufacturing Company. 

Somerville Iron Company. 

South Bedford Copper Mining Company. 

South Deerfield Machine Company. 

South Gardner Chair Manufacturing Company. 

South Lee Paper Company. 

South River Cutlery Company. 

South Sutton Boot and Shoe Manufacturing Company. 

South Weymouth Workingmen's Cooperative Association. 

Spencer Marble Company. 

Spencer Repeating Rifle Company. 

Spring Hill Coal Company. 

Springfield Tool Company. 

Springfield Silver Plate Company. 

Staflord and Chaudiere River Gold Mining Company. 

Steam Music Company. 

Sterling Gold Mining Company. 

Stewart Gold Mining Company. 

Strafford Copper Mining Company. 

Stryker Oil Well Company. 

Substitute for Castor Oil Company. 

Suffolk Gold Mining Company. 

Suffolk Lead Works. 

Suffolk Venango Oil Company. 

Sun Gas Burner Company. 

Sunapee Mining Company. 

Sutherland Falls Marble Company. 

Sycamore Oil Company. 

Taunton Britannia Plate Company. 

Taunton Cooperative Association. 

Taunton Enamelling Company. 

Taunton Sewing Machine Manufacturing Company. 

Taunton Soap and Oil Company. 

Taunton Umbrella Company. 

Taylor and Olmstead Manufacturing Company. 

Taylor Gold Company. 



332 1872.— Chapter 354. 

Corporations Templeton Chair Company. 

The Salem Union Street Corporation. 
Timoke Mining Comjiany. 
Topeka Gold Mining Company. 
Tornwezo Gold Mining Company. 
Torrent Rotary Pump Company. 
Treasury Mining Company. 
Tremont Oil Company. 
Tremont Watch Company. 
Tudor Lead Mining Company. 
Turkish Bath Company. 
Type-Setting Machine Company. 
Type-Setting and Justifying Machine Company. 
Uncas Oil Company, The, 
Union Car and Engine Company. 
Union Elastic Goods Company. 
Union Fertilizing Tube Company. 
Union Gas Light Company. 
Union Gas Light Company of Boston. 
Union Gas "Works Company. 
Union Iron Works. 
Union Jewehy Company. 
Union Manufacturing Company. 
Union Steam Fan-Blower Company. 
; Union Steam Valve Company. 

Union Straw Works. 
Union Tile Comj^any. 
Union Tool Company. 
United States Pegging Machine Company. 
Universal Oil Stove Company. 
L^niversal Safety Match Company. 
Vertical Hoop Skirt Company. 
Virginia and Idaho Gold Mining Company. 
Voice Printing and Publishing Company. 
Waldenburg Company. 
Wallace Gold Mining Company. 
Wareham Manufacturing Company. 
Warren Boot and Shoe Company. 
Warren Salt Company. 

Warren Silver, Lead and Copper Mining Company. 
Washington Coal Company. 
Washington Gold Mining Company. 
Waterloo Copper Mining Company. 
Wawbeek Mills. 

Weed File Manufacturing Company. 
Wellington Coal Mining Company. 
Wells River Lumber Company. 
West Greenwich Lumber Company. 
Westborough Manufacturing Company. 
Westfield Machine Works. 



1872.— Chapter 355. 333 

Westville Company. Corporations 

Weymouth Adjustable Heel Company. 
Wheeler Horseshoe Company. 
Wheeler Metal Forging Company. 
Whipple File and Steel Manufacturing Company. 
Whipple File Company. 
Whipple File Manufacturing Company. 
Whipple Glass Engraving Company. 
Whipple Nail Manufocturing Company. 
Winterport Granite and Brick Company, The, 

Worcester County Brick Manufacturing Company. . 

Worcester Gold and Silver Mining Company. 
Worcester Horseshoe Company. 
Wrentham Manufacturing Company. 
Yale and Winn Manufacturing Company, and the 
India Manufacturing Company, which was organized under 
chapter sixty-one of the General Statutes, in eighteen hun- 
dred and sixty-seven, not meaning hereby to dissolve a 
corporation of the same name, organized under a special 
charter granted in the year eighteen hundred and seventy. 
are hereby dissolved, subject to the provisions of sections 
thirty-six and thirty-seven of chapter sixty-eight of the 
General Statutes. 

Section 2. Nothing in this act shall be construed to suits pending 
affect any suits now pending by or against any corporation ^°_t t*' ^'^ '^^^*=*' 
mentioned in the first section of this act, nor any suit now 
pending or hereafter brought for any liability now existing 
against the stockholders or officers thereof, nor to revive any 
charter or corporation previously dissolved or annulled, nor 
to make valid any defective organization of any of the sup- 
posed corporations mentioned in said first section. 

Section 8. Suits upon choses in action arising out of S""? on con- 

tr^ct sold iHBV 

contracts sold or assigned by any corporation dissolved by be prosecuted 
this act may be brought or prosecuted in the name of the ^^ ^^^^s^ee. 
purchaser or assignee. The fact of sale or assignment and 
of purchase by the plaintiff shall be set forth in the writ or 
other process, and the defendant may avail himself of any 
matter of defence of which he might have availed himself, 
in a suit upon the claim by such corporation, had it not 
been dissolved by this act. 

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

Approved May 6, 1872. 
An^Act in relation to the tenure of office of the police Chaj). 355 

COMMISSIONERS. ■* * 

Be it enacted, iVc, as follows : 

Section 1. The police commissioners shall be removable ^o"°® commis- 
at the pleasure of the governor ; and the governor and aWe at the 



334 



1872.— Chapter 356. 



May take land 
in Boston for a 
passenger 
depot. 



pleasure of the council are hereby empowered to authorize an increase of 
governor. ^j^^ number of coiistables, which said commissioners may 

appoint, to one hundred, whenever in their judgment such 

increase is necessary. 

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

Approved May 6, 1872. 

Chap, 356 An Act 70 authorize the eastern railroad company to in- 
crease ITS TERMINAL FACILITIES IN THE CITY OF BOSTON, AND 
FOR OTHER PURPOSES. 

Be it enacted, §'c., as follows: 

Section 1. The Eastern Railroad Company may, after 
thirty days' notice in writing, take possession of, hold and 
use as hereinafter set forth, and for the purpose of increasing 
the terminal faeilities and affording convenient access to the 
passenger depot of said corporation, a certain lot of land 
situated in Boston, occupied by the Boston and Maine Rail- 
road, and bounded as follows : Beginning at the easterly 
corner of the premises of the Eastern Railroad Company on 
Causeway Street, thence running easterly on said street about 
twenty-nine feet to the corner of the freight-house of the 
Boston and Maine Railroad, thence northerly by the west- 
erly line of said freight-house to the northerly end thereof, 
thence in a straight line to the stone wall of the wharf at a 
point fifty feet distant, measured at right angles, from the 
easterly line of the Eastern Railroad Company's premises, 
thence following the same direction to the harbor commis- 
sioners' line, thence by said commissioners' line to the East- 
ern Railroad Company's premises, and thence by said 
premises to the point of beginning : provided^ that no 
building shall be erected on any part of said land for other 
than passenger purposes ; and provided^ further^ that com- 
pensation shall be made to the Commonwealth for any por- 
tion of the lands now occupied by the Boston and Maine 
Railroad Company, and authorized to be taken under this 
act, to which the Commonwealth may establish a legal title 
in itself. 

Section 2. All general laws relating to the taking of 
land for railroad purposes and the location and construction 
of railroads shall be applicable to and govern the proceedings 
in the taking of lands and change of location provided for 
in the first section of this act, except that instead of the 
county commissioners three disinterested persons shall be 
appointed by the supreme judicial court as a board of com- 
missioners to adjudicate the damages for the taking of said 
lands and property, from whose decision an appeal to a jury 



General laws 
relating to tak 
ing land for 
railroad to 
apply. 



1872.— Chapters 357, 358. 335 

shall lie in behalf of either party, as is provided in case of 
lands taken for railroad purposes. 

Section 3. The time within which certain lands in the Time for taking 
city of Boston may be taken under authority of chapter two exte^ndedfor 
hundred and ninety-one of the acts of the year eighteen oi^^ year- 
hundred and sixty-nine, as fixed in section six of said act, 
is hereby extended for a further period of one year. 

Section 4. Said Eastern Railroad Company may, for May increase 
the purposes of this act, by a vote of its stockholders, at a ^'^^'^^'^ ^^"'^ ' 
meeting duly called for the purpose, increase its capital 
stock to an amount equal to the amount expended under 
this act, not exceeding two million dollars beyond the amount 
now authorized by law. 

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

Approved May 7, 1872. 



An Act to amend an act in relation to the improvement of 

THE commonwealth's FLATS IN BOSTON HARBOR. 



Be it enacted, ^'c, as folloios : 

Section 1. Section fifth of chapter three hundred and f^.^'^S^^I'l^^ 
twenty of the acts of the present year, entitled An Act "in ''~'" ' 
relation to the improvement of the Commonwealth's flats in 
Boston Harbor," is hereby amended by striking out the 
words, " prices and amounts," and inserting the words, 
" pieces and amounts." 

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

Approved May 7, 1872. 



Chap. 358 



An Act extending the jurisdiction in cases of juvenile of- 
fenders. 
Be it enacted, §'c., as follows: 

Section 1. The governor, with the advice and consent of Justices of the 
the council, may designate and commission such number of desfgnS to 
justices of the peace as the public interest and convenience offenders"*^ 
may require, to try juvenile offenders ; and the justices of 
the peace so designated and commissioned shall have and 
exercise concurrent jurisdiction, duties, powers and author- 
ity in their respective counties with the judges of probate 
courts, in all cases of juvenile offenders under seventeen 
years of age : provided, that the judges of the municipal, 
district and police courts may be. so designated and commis- 
sioned. 

Section 2. The justices of the peace appointed under justices to be 
the provisions of this act shall be distributed, as nearly as pjfbHc^convr 
may be, as public convenience may require, in the several "^'^nce requires, 
counties ; and when any such justice shall change his domi- 
cil, his authority and jurisdiction in the trial of such cases 



336 



1872.— Chapters 359, 360. 



shall cease, and some other justice of the peace may bo 
designated and commissioned in his place, 
•^venire offend^ SECTION 3. The justices of the pcace so designated and 
ers. commissioned shall be known as trial justices of juvenile 

offenders, and the defendant in all cases shall have the right 
of appeal in the manner now provided by law in justice 
courts in other cases. 

Section 4. Girls between the ages of seven and seven- 
teen years, convicted of offences, or found in circumstances 
described in section six of chapter seventy-five of the Gen- 
eral Statutes, may be committed to the state industrial 
school for girls. Approved May 7, 1872. 



Girls between 
seven and sev- 
enteen years 
convicted under 
G. 8. 75, § 6, 
may be sent to 
industrial 
school. 



Chap. 359 



May build 
bridge over the 
triangle on 
south side of 
Charles Kiver. 



Compensation 
to the Common- 
wealth. 



An Act to authorize the boston and lowell railroad corpo- 
ration TO ERECT A BRIDGE. 
Be it enac