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ACTS 


RESOLVES 


PASSED  BY  THE 


^^Jii^ral  ^mtrt  xrf  3W^ssa^^J^«^^l^^ 


IN  THE  TEAR 


18  7  3, 

TOGETHER  WITH 

THE   COXSTITUTION,  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: 

WRIGHT    &    POTTER,    STATE    PRINTERS, 
No.  19  Province  Street. 

1873. 


A  CONSTITUTION 


FORM  OF  GOVERNMENT 


Commonixfealtfj  of  IHassacbusctts* 


PEEAMBLE. 

The  end  of  the  institution ,  maintenance  and  administra-  objects  of  gov. 


erument. 


tion  of  government,  is  to  secure  the  existence  of  the  body 
politic,  to  protect  it,  and  to  furnish  the  individuals  who 
compose  it  with  the  power  of  enjoying,  in  safety  and  tran- 
quillity, 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  ^owViS.' 
individuals:  it  is  a  social  compact,  by  which  the  whole  its  nature. 
people  covenants  with  each  citizen,  and  each  citizen  with 
the  whole  people,  that  all  shall  be  governed  by  certain  laws 
for  the  common  good.  It  is  the  duty  of  the  people,  there- 
fore, in  framing  a  constitution  of  government,  to  provide 
for  an  equitable  mode  of  making  laws,  as  well  as  for  an  im- 
partial interpretation  and  a  faithful  execution  of  them  ;  that 
every  man  may,  at  all  times,  find  his  security  iu  them. 

We,  therefore,  the  people  of  Massachusetts,  acknowledg- 
ing, with  grateful  hearts,  the  goodness  of  the  great  Legislator 
of  the  universe,  in  affording  us,  in  the  course  of  his  provi- 
dence, an  opportunity,  deliberately  and  peaceably,  without 
fraud,  violence  or  surprise,  of  entering  into  an  original,  ex- 
plicit and  solemn  compact  with  each  other ;  and  of  forming 


CONSTITUTION  OF  THE 

a  new  constitution  of  civil  government  for  ourselves  and 
posterit}^ ;  and  devoutly  imploring  his  direction  in  so  inter- 
esting a  design,  do  agree  upon,  ordain  and  establish  the  fol- 
lowing Declaration  ^Rights  and  Frame  of  Government,  as 

the  COXSTITUTION  OF  THE  CoiOIONWEALTH  OF  IMaSSACHU- 

SETTS. 


E(|uality  and 
natural  rights 
of  all  men. 


Right  and  duty 
of  public  relig- 
ious worship. 


Protection 
thertiu. 


PART  THE  FIRST. 

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

Akt.  I.  All  men  are  born  free  and  equal,  and  have  cer- 
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  pro- 
tecting property ;  in  fine,  that  of  seeking  and  obtaining 
their  safety  and  happiness. 

II.  It  is  the  right  as  well  as  the  duty  of  all  men  in 
society,  publicly,  and  at  staled  seasons,  to  worship)  the 
Supreme  Being,  the  great  Creator  and  Preserver  of  the 
universe.  And  no  subject  shall  be  hurt,  molested  or  re- 
strained, in  his  person,  lil^erty  or  estate,  for  worshipping 
God  in  the  manner  and  season  most  agreeable  to  the  dic- 
tates of  his  own  conscience  ;  or  for  his  religious  profession 
or  sentiments ;  provided  he  doth  not  disturb  the  public 
peace,  or  obstruct  others  in  their  religious  worship. 

[in.*  As  the  happiness  of  a  people,  and  the  good  order  and  preser- 
vation of  civil  government,  essentially  depend  upon  piet}',  religion  and 
moralitj' ;  and  as  these  cannot  be  generally  diffused  through  a  com- 
munity, but  hy  the  institution  of  the  public  worship  of  God,  and  of 
Legislature  em-  public  instructions  in  piety,  religion  and  morality  ;  Therefore,  to  pro- 
perprovisionXr  J^^ote  their  hai^pincss,  and  to  secure  the  good  order  and  preservation 
public  worship;  of  their  Government,  the  jjeojole  of  this  Commonwealth  have  a  right  to 
invest  their  legislature  with  power  to  authorize  and  require,  and  the 
legislature  shall,  front  time  to  time,  authorize  and  require  the  sevei'al 
towns,  parishes,  precincts,  and  other  bodies  politic,  or  religious  socie- 
ties, to  make  suitable  provision,  at  their  own  expense,  for  the  institu- 
tion of  the  public  worship  of  GoD,  aud  for  the  support  and  maiute- 

*  Note. — Articles  of  the  original  constitution  and  articles  of  amend- 
ment thereto  Avhich  have  become  inoperative,  by  reason  of  subsequent 
amendments,  are  printed  in  smaller  type  and  enclosed  in  brackets : 
obsolete  po7-tio7is  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. 


Amendment, 
Art.  XI.,  sub- 
stituted for  this. 


COMMONWEALTH  OF  MASSACHUSETTS.  5 

nance  of  public  Protestant  teachers  of  piety,  religion  and  morality,  in 
all  cases  .where  such  jiroTision  shall  not  be  made  voluntarily. 

And  the  people  of  this  Commonwealth  have  also  a  right  to,  and  do,  and  to  enjoin  at. 
invest  their  legislature  with  authority  to  enjoin  upon  all  the  subjects  q^"  ^°'^®  *•  ^^^' 
an  attendance  upon  the  instructions  of  the  public  teachers  aforesaid, 
at  stated  times  and  seasons,  if  there  be  any  on  whose  instructions  they 
can  conscientiously  and  conveniently  attend. 

Provided,  notwithstanding,  that  the  several  towns,  parishes,  pre-  Exclusive  right 
ciucts,  and  other  bodies  politic,  or  religious  societies,  shall  at  all  times,  of  electing  reiig. 
have  the  exclusive  right  of  electing  their  public  teachers,  and  of  con-  eecured. 
ti'acting  with  them  for  their  support  and  maintenance. 

And  all  moneys,  paid  by  the  sul^ject,  to  the  support  of  public  worship,  Option  as  to 
and  of  the  pul^lic  teachers  aforesaid,  shall,  if  he  require  it,  be  uniformly  ^5°^ma'^°bo^''^ 
applied  to  the  support  of  the  public  teacher  or  teachers  of  his  own  re-  p^ald^miess.'&c. 
ligious  sect  or  denomination,  provided  there  be  any  on  whose  instrac- 
tious  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-  ttonf™°)w.nv* 
ably,  and  as  good  subjects  of  the  Commonwealth,  shall  be  equally  protected. 
under  the  protection  of  the  law  :  and  no  subordination  of  any  one  sect  Subordination 
or  denomination  to  another  shall  ever  be  established  by  law.]  ano'the/pro-° 

rV.  The  people  of  this  Commonwealth  have  the  sole  and  Right  of  self. 
exclusive  right  of  governing  themselves  as  a  free,  sovereign  fecured?^'^* 
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. 

Y.    All  power  residing  originally  in  the  people,  and  Accountabuity 
being  derived  from  them,  the  several  magistrates  and  offi-  °  ^  °  cers,&c. 
cers  of  government,  vested  with  authority,  whether  legis 
lative,  executive  or  judicial,  are  their  substitutes  and  agents 
and  arc  at  all  times  accountable  to  them. 

VI.  Xo  man,  nor  corporation  or  association  of  men,  have  services  ren. 
any  other  title  to  obtain  advantages,  or  particular  and  ex-  pubuctTeiu^^be 
elusive  privileges,  distinct  from  those  of  the  community',  pecuuarprivi- 
than  what  arises  from  the  consideration  of  services  ren-  J^ges,  hercdi. 

turv  otiiCGS  eltq 

dered  to  the  public  ;  and  this  title  being  in  nature  neither  absurd  and  un- 
hereditary,  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  grood  :  objects  of  gov. 

/»,,,.  /.  11.  r>  ernment;  right 

tor  the  protection,  salety,  prosperity  and  happiness  of  the  of  people  to 
people ;  and  not  for  the  profit,  honor  or  private  interest  of  changed" 
any  one  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. 


CONSTITUTION  OF  THE 


Right  of  people 
to  secure  rota- 
tion in  office. 


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


Right  of  protec- 
tion and  duty  of 
contribution 
correlative. 


Taxation  found- 
ed on  consent. 


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


Remedies  by 
recourse  to  the 
law,  to  be  free, 
complete  and 
prompt. 


Prosecutions 
regulated. 


Vm.  In  order  to  prevent  those  who  are  vested  with 
authority  from  becoming  oppressors,  the  people  have  a  right 
at  such  periods  and  in  such  manner  as  they  shall  establish 
by  their  frame  of  government,  to  cause  their  public  officers 
to  return  to  private  life ;  and  to  fill  up  vacant  places  by 
certain  and  regular  elections  and  appointments. 

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

X.  Each  individual  of  the  society  has  a  right  to  be 
protected  by  it  in  the  enjoyment  of  his  life,  liberty  and 
property,  according  to  standing  laws.  He  is  obliged,  con- 
sequently, 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  indi- 
vidual can,  with  justice,  be  taken  from  him,  or  applied  to 
public  uses,  without  his  own  consent,  or  that  of  the  repre- 
sentative .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  whenever  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  jus- 
tice freely,  and  without  being  obliged  to  purchase  it ;  com- 
pletely, and  without  any  denial ;  promptly,  and  without 
delay,  conformably  to  the  laws. 

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


COMMONWEALTH  OF  iMASSACHUSETTS.  7 

And  the  lesrislature  shall  not  make  any  law  that  shall  RigMtotnaiby 

,.,  °  ,  .,     -,  .     r-  .1  .      jury,  in  criminal 

subject  any  person  to  a  capital  or  miamous  punishment,  cases,  except, 
excepting  for  the  government  of  the  army  and  navy,  with- 
out trial  by  jury. 

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

XIV.  Every  subject  has  a  right  to  be  secure  from  all  ^/ifgef/u'eTeg^ 
unreasonable  searches  and   seizures   of    his   person,   his  uiated. 
houses,  his  papers,  and  all  his  possessions.     All  warrants, 
therefore,  are  contrary  to  this  right,  if  the  cause  or  founda- 
tion of  them  be  not   previously  supported   by  oath   or 
afiirmation,  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,  pre- 
scribed by  the  laws. 

XV.  In  all  controversies  concerning  propert}^,  and  in  Right  to  tnaiby 
all  suits  between  two  or  more  persons,  except  in  cases  cep^&c."  '^^' 
in   which   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  secur-  Liberty  of  the 
ity  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  R'g^t  to  keep 
arms  for  the  common  defence.     And  as,  in  time  of  peace,  s?andhig  armies 
armies  are  dangerous  to  liberty,  they  ought   not  to  be  '^^°serous. 
maintained  without  the  consent  of  the  legislature ;   and  Military  power 
the  military  power  shall  always  be  held  in  an  exact  sub-  ^^V'^^i°'"^^^'^^'^  ^^ 
ordination  to  the  civil  authority,  and  be  governed  by  it. 

XVin.      A  frequent   recurrence   to   the   fundamental  Moral  quaiiiica. 

•    T  J,  ,^  i      .         .  tions  for  oflice. 

principles  ot  the  constitution,  and  a  constant  adherence  to 
those  of  piety,  justice,  moderation,  temperance,  industry 
and  frugality,  are  absolutely  necessary  to  preserve  the  ad- 
vantages of  liberty,  and  to  maintain  a  free  government. 
The  people  ought,  consequently,  to  have  a  particular  at- 
tention to  all  those  principles,  in  the  choice  of  their  officers 
and  representatives  :  and  they  have  a  right  to  require  of  uo^ns^of/lw^ 
their  lawgivei's  and  magistrates,  an  exact  and  constant  ob-  liaglstrTtes 


8 


CONSTITUTION  OF  THE 


Right  of  people 
to  instruct  rep- 
resentatives and 
petition  legisla- 
ture. 


Power  to  sus- 
pend the  laws  or 
their  execution. 


Freedom  of  de. 
bate,  &c.,  and 
reason  thereof. 


Frequent  ses- 
sions, and  ob- 
jects thereof. 


Taxation  found- 
ed on  consent. 


Ex  post  facto 
laws  prohibited. 


Legislature  not 
to  convict  of 
treason,  &c. 


Excessive  bail 
or  fines,  and 
cruel  punish, 
ments,  pro- 
hibited. 

No  soldier  to  be 
quartered  in  any 
house,  unless, 
&c. 


Citizens  exempt 
from   law-mar- 
tial,  unless,  &c. 


servance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  good  administration  of  the  Com- 
monwealth. 

XIX.  The  people  have  a  right,  in  an  orderly  and 
peaceable  manner,  to  assemble  to  consult  upon  the  com- 
mon good  ;  give  instructions  to  their  representatives,  and  to 
request  of  the  legislative  body,  by  the  way  of  addresses, 
petitions  or  remonstrances,  redress  of  the  wrongs  done 
them,  and  of  the  grievances  they  suffer. 

XX.  The  power  of  suspending  the  laws,  or  the  execu- 
tion of  the  laws,  ought  never  to  be  exercised  but  by  the 
legislature,  or  by  authority  derived  from  it,  to  be  exercised 
in  such  particular  cases  only  as  the  legislature  shall  ex- 
pressly provide  for. 

XXI.  The  freedom  of  deliberation,  speech  and  debate, 
in  either  house  of  the  legislature,  is  so  essential  to  the 
rights  of  the  people,  that  it  cannot  be  the  foundation  of 
any  accusation  or  prosecution,  action  or  complaint,  in  any 
other  court  or  place  whatsoever. 

XXII.  The  legislature  ought  frequently  to  assemble 
for  the  redress  of  grievances,  for  correcting,  strengthen- 
ing and  confirming  the  laws,  and  for  making  new  laws,  as 
the  common  good  may  require. 

XXni.  No  subsidy,  charge,  tax,  impost  or  duties 
ought  to  be  established,  fixed,  laid  or  levied,  under  any 
pretext  whatsoever,  without  the  consent  of  the  people,  or 
their  representatives  in  the  legislature. 

XXIV.  Laws  made  to  punish  for  actions  done  before 
the  existence  of  such  laws,  and  which  have  not  been  de- 
clared crimes  by  preceding  laws,  are  unjust,  oppressive 
and  inconsistent  with  the  fundamental  principles  of  a  free 
government. 

XXV.  No  subject  ought,  in  any  case,  or  in  any  time, 
to  be  declared  guilty  of  treason  or  felony  by  the  legisla- 
ture. 

XXVI.  No  magistrate  or  court  of  law  shall  demand 
excessive  bail  or  sureties,  impose  excessive  fines,  or  inflict 
cruel  or  unusual  punishments. 

XXVII.  In  time  of  peace,  no  soldier  ought  to  be 
quartered  in  any  house  without  the  consent  of  the  owner ; 
and  in  time  of  war,  such  quarters  ought  not  to  be  made 
but  by  the  civil  magistrate,  in  a  manner  ordained  by  the 
legislature. 

XXVIII.  No  person  can  in  any  case  be  subjected  to 
law-martial,  or  to  any  penalties  or  pains,  by  virtue  of  that 


co:mmonwealth  of  Massachusetts.  9 

law,  except  those  employed  in  the  army  or  navy,  and 
except  the  militia  in  actual  service,  but  by  authority  of  the 
legislature. 

XXIX.  It  is  essential  to  the  preservation  of  the  rights  Judges  of  su- 
of  every  individual,  his  life,  liberty,  property  and  charac-  court!" ''''  '"" 
ter,  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  inde- 
pendent as  the  lot  of  humanity  will  admit.     It  is,  there-  Temue  of  their 
fore,  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 
loug  as  they  behave  themselves  well,  and  that  they  should 
have  honorable  salaries   ascertained   and   established  by  Suiaries. 
standing  laws. 

XXX.  In  the  2:overnment  of  this  Commonwealth,  the  Separation  of 

■,.-,.-,  ,  ,      1      n  •  xi  J.'  executive,  ju- 

legislative  department  shall  never  exercise  the  executive  dioiai  and  legis- 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  menu.*^^^^"^'" 
never  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. 


PAKT    THE     SECOND. 

The  Frame  of  Government. 

The  people,  inhabiting  the  territory  formerly  called  the  Title  of  body 
Province  of  Massachusetts  Bay,  do  hereby  solemnly  and 
mutually  agree  with  each  other,  to  form  themselves  into  a 
free,  sovereign  and  independent  body  politic  or  State,  by 
the  name  of  The  Commo:^ wealth  of  ]\L4.ssachusetts. 


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  Reijresentatives  ; 
each  of  which  shall  have  a  negative  on  the  other. 


10 


CONSTITUTION  OF  THE 


See  amend- 
ments, Art.  X. 


Governor's  veto. 


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


See  amend- 
ments, Art.  I. 


General  court 
may  constitute 
judicatories, 
courts  of  record, 
&c. 


Courts,  &c.,  may 

administer 

oaths. 


The  legislative  body  [shall  assemble  every  year  on  the 
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  repre- 
sentatives 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  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  representa- 
tives, 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  re- 
considered, 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 
Commonwealth,  for  the  hearing,  trying  and  determining 
of  all  manner  of  crimes,  oflfences,  pleas,  processes,  plaints, 
actions,  matters,  causes  and  things,  whatsoever,  arising  or 
happening  within  the  Commonwealth,  or  between  or  con- 
cerning 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  award- 
ing and  making  out  of  execution  thereupon  :  to  which 
coui'ts  and  judicatories  are  hereby  given  and  granted  full 


COMMONWEALTH  OF  MASSACHUSETTS.  It 

power  and  authority,  from  time  to  time,  to  administer 
oaths  or  atfirmatious,  for  the  better  discovery  of  truth  in 
any  matter  in  controversy,  or  depending  before  them. 

IV.     And  further,  full  power  and  authoring  are  hereby  General  court 
given  and  granted  to  the  said  general  court,  from  time  to  &c.f  ^'""'  '^^^' 
time,  to  make,  ordain  and  establish  all  manner  of  wholesome 
and  reasonable  orders,  laws,  statutes  and  ordinances,  direc- 
tions and  instructions,  cither  with  penalties  or  without,  so 
as  tne  same  be  not  repugnant  or  contrary  to  this  constitu-  not  repugnant  to 
tion,  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  neces- 
sary support  and  defence  of  the  government  thereof ;  and  to 
name  and  settle  annuall}^  or  provide  by  fixed  laws,  for  the  may  provide  for 
naming  and  settling,  all  civil  officers  within  the  said  Com-  appointment°of 
mon wealth,  the  election  and  constitution  of  whom  are  not  ^^''^^^'' 
hereafter  in  this  form  of  government  otherwise  provided 
for  ;  and  to  set  forth  the  several  duties,  i)owers  and  limits,  prescribe  their 

duties* 

of  the  several  civil  and  military  officers  of  this  Common- 
wealth, and  the  forms  of  such  oaths,   or  affirmations  as 
shall  be  respectively  administered  unto  them  for  the  execu- 
tion of  their  several  offices  and  places  so  as  the  same  be 
not  repugnant   or  contrary  to  this  constitution;    and  to  impose  taxes; 
impose  and  levy  proportional  and  reasonable  assessments, 
rates  and  taxes,  upon  all  the  inhabitants  of,  and  jDcrsons 
resident,  and  estates  lying,  within  the  said  Commonwealth ; 
and  also  to  impose  and  levy  reasonable  duties  and  excises  duties  and  ex- 
upon  any  produce,  goods,   wares,  merchandise  and  com-  "''^^' 
modities  whatsoever,   brought  into,  produced,  manufac- 
tured, or  being  within  the  same:  to  be  issued  and  dis-  to  be  disposed 
posed  of  by  warrant,  under  the  hand  of  the  governor  of  protection°&c. 
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  1)0  in  force  within  the  same. 

And  while  the  pul^lic  charges   of  government,  or  any  valuation  of  es- 
part  thereof,  shall  be  assessed  on  polls  and  estates,  in  the  y^ears°arieastr 
manner  that  has  hitherto  been  practised,  in  order  that  such  ^^^'  ^*^" 
assessments  may  be  made  with  equality,  there  shall  be  a 
valuation  of  estates  within  the  Commonwealth,  taken  anew 
once  in  every  ten  3'ears  at  least,  and  as  much  oftencr  as 
the  general  court  shall  order. 


12 


CONSTITUTION  OF  THE 


CHAPTER    L 
Section  II. 


Senate,  number 
of,  andbywhom 
elected. 

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


Counties  to  be 
districts,  until, 
&c. 

See  amend- 
ments, Arts. 
XTTT.  and  XXH. 


Senate. 

[Art.  I.  There  shall  be  annually  elected,  by  the  freeholders  and 
other  inhabitants  of  thisCommonwealth,  qualified  as  in  this  constitution 
is  provided,  forty  persons  to  be  councillors  and  senators,  for  the  year 
ensuing  their  election  :  to  be  chosen  by  the  inhabitants  of  the  districts, 
into  which  the  Commonwealth  may,  from  time  to  time,  be  divided  by 
the  general  court  for  that  purpose  :  and  the  general  court,  in  assigning 
the  numbers  to  be  elected  by  the  respective  districts,  sliall  govern 
themselves  by  the  proportion  of  the  public  taxes  paid  by  the  said  dis- 
tricts ;  and  timely  made  known,  to  the  inliabitants  of  the  Common- 
wealth, the  limits  of  each  district,  and  the  number  of  councillors  and 
senators  to  be  chosen  therein  :  provided,  that  the  number  of  such  dis- 
tricts shall  never  be  less  than  thirteen ;  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 ;  Plym- 
outh, three ;  Barnstable,  one ;  Bristol,  three ;  York,  two ;  Dukes 
county  and  Nantucket,  one  ;  Worcester,  five ;  Cumberland,  one  ;  Lin- 
coln, one ;  Berkshire,  two.] 


Manner  and 
time  of  chousing 
senators  and 
councillors. 

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


See  amend- 
ments,Arts.in., 
XX.,  X.X'III. 
and  XXIV. 


"Word  "inhabi- 
tant" defined. 


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  Mon- 
day in  April,  annually,  forever,  of  the  hihabitants  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  coun- 
cillors ;  and  at  such  meetings  every  male  inhabitant  of 
twenty-one  years  of  age  and  upwards,  having  a  freehold 
estate,  within  the  Commonwealth,  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  meaning  of  the  word  "  inhab- 
itant," 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. 


COMMONWEALTH  OF  MASSACHUSETTS.  13 

The  selectmen  of  the  several  towns  shall  preside  at  such  selectmen  to 
meetings  impartial!}",  and  shall  receive  the  votes  of  all  the  meetings. 
inhabitants  of  such  toAvns,  present  and  qualified  to  vote  for 
senators,  and  shall  sort  and  count  them  in  open  town  meet- 
ing, aud  in  presence  of  the  town  clerk,  who  shall  make  a 
fair  record,  in  presence  of  the  selectmen,   and   in   open  Return  of  votes. 
town  meeting,  of  the  name  of  every  person  voted  for,  and 
of  the  number  of  votes  against  his  name  ;  and  a  f^iir  copy 
of  this  record  shall  be  attested  by  the  selectmen  and  the 
town  clerk,  and  it  shall  be  sealed  up,  directed  to  the  sec- 
retary of  the  Commonwealth,  for  the  time  being,  with  a  gee  amend- 
superscription   expressing   the    purport    of    the    contents  '"^'^**> '^"- °^- 
thereof,  and  delivered  by  the  town  clerk  of  such  towns,  to  Amendments, 
the  sherilf  of  the  county  in  which  such  town  lies,  thirty 
days  at  least  before  [the  last  AVednesday  in  May,  annu- 
ally, or  it  shall  be  clelivered  into  the  secretary's  office 
seventeen  days  at  least  before  the  said  last  Wednesday  in 
May ;  and  the  sherifi:'  of  each  county  shall  deliver  all  such 
certificates,  by  him  received,   into  the  secretary's  office, 
seventeen  days  before  the  said  last  Wednesday  in  jMay.] 

And  the  inhabitants  of  plantations  unincoriDorated,  qual-  inhabitants  of 

,  ..A  i  1111        unincorporated 

ified  as  this  constitution  provides,  who  are  or  shall  be  piantations.who 

-,  -,  •        n   J  J  J 1  1  pay  Stale  taxes, 

empowered  and  required  to  assess  taxes  upon  themselves  may  vote. 
toward  the  support  of  the  government,  shall  have  the  same 
privilege  of  voting  for  councillors  and   senators,  in  the 
plantations  where  they  reside,  as  town  inhabitants  have  in 
their  respective  towns ;  and  the  plantation  meetings  for  plantation  meet- 
that  purpose  shall  be  held,  annually,  [on  the  same  first  Be^'amend- 
Monday  in  April,]  at  such  place  in  the  plantations,  re- ^^ents,  Art.  x. 
spectively,  as  the  assessors  thereof  shall   direct ;    which  Assessors  to 
assessors  shall  have  like  authority  for  notifying  the  elect-  ''°'^^'  ^*'' 
ors,  collecting  and  returning  the  votes,  as  the  selectmen 
and  town  clerks  have  in  their  several  towns,  by  this  con- 
stitution.    And  all  other  persons  living  in  places  unincor- 
porated, (qualified  as  aforesaid,)  who  shall  be  assessed  to 
the  support  of  government,  by  the  assessors  of  an  adja- 
cent 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  sen-  Governor  and 
ators  [on  the  last  Wednesday  in  IVIay,]  annually,  the  gov-  amTne  and  count 
ernor,  with  five  of  the  council,  for  the  time  being,  shall,  Jummonies!^^*^^ 
as  soon  as  may  be,  examine  the  returned  copies  of  such 


14 


CONSTITUTION  OF  THE 


See  amend, 
ments,  Art.  X. 


Senate  to  be 
final  judge  of 
elections,  &c., 
of  its  own  mem. 
bers. 


See  amend- 
ments, Arts. 
X.,  XrV.  and 
XXIV. 

Vacancies,  how 
fiUed. 


Qualifications  of 
a  senator. 
See  amend- 
ments, Arts. 
Xin.andXXn. 


Senate  not  to  ad- 
journ more  than 
two  days. 


records ;  and  fourteen  days  before  the  said  day,  he  shall 
issue  his  summons  to  such  persons  as  shall  appear  to  be 
chosen  by  a  majority  of  voters,  to  attend  on  that  day,  and 
take  their  seats  accordingly ;  [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  summons  to  the  persons  so 
elected,  that  they  may  take  their  scats  as  aforesaid.] 

IV.  The  senate  shall  be  the  final  judge  of  the  elections, 
returns  and  qualifications  of  their  own  members,  as  pointed 
out  in  the  constitution  ;  and  shall,  on  the  said  [last  Wednes- 
day in  May,]  annually,  determine  and  declare  who  are 
elected  by  each  district  to  be  senators,  [by  a  majority  of 
votes :  and  in  case  there  shall  not  appear  to  be  the  full 
number  of  senators  returned,  elected  by  a  majority  of 
votes,  for  any  district,  the  deficiency  shall  be  supplied  in 
the  following  manner,  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  numlier  of  sen- 
ators wanting,  if  there  be  so  many  voted  for  ;  and  out  of 
these,  shall  elect  by  l^allot  a  number  of  senators  sufficient 
to  fill  up  the  vacancies  in  such  district ;  and  in  this  manner 
all  such  vacancies  shall  be  filled  up  in  every  district  of  the 
Commonwealth ;  and  in  like  manner  all  vacancies  in  the 
senate,  arising  by  death,  removal  out  of  the  State  or 
otherwise,  shall  be  supplied  as  soon  as  may  be  after  such 
vacancies  shall  happen.] 

V.  Provided,  nevertheless,  that  no  person  shall  be 
capable  of  being  elected  as  a  senator,  [who  is  not  seised 
in  his  own  right  of  a  freehold,  within  this  Commonwealth, 
of  the  value  of  three  hundred  pounds  at  least,  or  pos- 
sessed of  personal  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  Com- 
monwealth for  the  space  of  five  years  immediately  pre- 
ceding 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. 


COMMONWEALTH  OF  MASSACHUSETTS.  15 

Vn.     The  senate  shall  choose  its  own  president,  appoint  Shaii  choose  its 

^  -,-,,''.  ^  c  -\     offlcera  and  es- 

its  own  omcers,  and  determine  its  own  rules  oi  proceed-  tabiish  its  mies. 
ings. 

VIII.  The  senate  shall  be  a  court  with  full  authority  shaii^auim. 
to   hear  and  determine  all  impeachments  made   by   the 

house  of  representatives,  against  any  officer  or  officers  of 

the  Commonwealth,  for  misconduct  and  mal-admiuistration 

in  their  offices  :  but,  previous  to  the  trial  of  every  impeach-  ^^*^- 

ment,  the  members  of  the  senate  shall,   respectively  be 

sworn,  truly  and   impartially  to  try  and   determine  the 

charge  in  question,  according  to  evidence.     Their  judg-  Limitation  of 

ment,  however,  shall  not  extend  further  than  to  removal 

from  office,  and  disqualification  to  hold  or  enjoy  any  place 

of  honor,  trust  or  jirofit,  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  Qiorum. 
constitute  a  quorum  for  doing  business. 


CHAPTER    I. 
Section  III. 

House  of  Representatives. 

Art.  I.     There  shall  be,  in  the  legislature  of  this  Com-  Representation 
monwealth,  a  representation  of  the  people,  annually  elected,  °     ^  ^'^°^  ^' 
and  founded  ujDon  the  principle  of  equality. 

[II.    And  in  order  to  provide  for  a  representation  of  the  citizens  of  Representa. 
this  Commonwealth,  founded  upon  the  jDrinciple  of  equality,  every  cor-  chosen.^  ^'^°'^ 
porate  town,  containing  one  hundi-ed  and  fifty  rata1)le  polls,  may  elect 
one  representative ;  every  corporate  town  containing  three  hundred 
and  seventy-five  ratable  polls,  may  elect  two  i-epresentatives ;  every  See  amend- 
corporate  town,  containing  six  hundred  ratable  polls,  may  elect  three  ™^"*^'^rt^' 
representatives ;  and  proceeding  in  that  manner,  making  two  hundred  andXXl.  * 
and  twenty-five  ratable  polls  the  mean  increasing  number  for  every 
additional  representative. 

Provided,  nevertheless,  that  each  town  now  incorporated,  not  hav-  Proviso  as  to 
ing  one  hundred  and  fifty  ratable  polls,  may  elect  one  representative  ;  towns  having 
but  no  place  shall  hereafter  be  incorporated  with  the  privilege  of  ratabie^poiis. 
electing  a  representative,  unless  there  are  within  the  same  one  hun- 
dred and  fifty  ratable  polls.] 

And  the  house  of  representatives  shall  have  power,  from  Towns  naWe  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. 


16  CONSTITUTION  OF  THE 

diin^°to°InT^'      "^^^  exjienses  of  travelling  to  the  general  assembly,  and 
frointbe general  returning  liome,  once  in  every  session,  and  no  more,  shall 
^  '  be  paid  by  the  government,  out  of  the  public  treasury,  to 
every  member  who  shall  attend  as  seasonably  as  he  can,  in 
the  judgment  of  the  house,  and  does  not  depart  without 
leave. 
Qualifications  of      JH.     Every  member  of  the  house  of  representatives  shall 
tive.   See         be  choscu  by  written  votes  ;  [and,  for  one  year  at  least  next 
A?tT.  xnL,'      preceding  his  election,  shall  have  been  an  inhabitant  of,  and 
XIV.  and  XXI.  j^f^ye  bccu  seised  in  his  own  right  of  a  freehold  of  the  value 
of  one  hundred  pounds,  within  the  town  he  shall  be  chosen 
to  represent,  or  any  ratal)le  estate  to  the  value  of  two  hun- 
dred pounds  ;  and  he  shall  cease  to  represent  the  said  town, 
Immediately  on  his  ceasing  to  be  quaUtied  as  aforesaid.] 

Qualifications  of      [IV.    Every  male  person  'iDeinj:^  tweuty-one  years  of  age,  and  resi- 

a  voter.  ^jgj^j;  jj^  ^j^y  particular  town  in  this  Commonwealth,  for  the  space  of 

one  year  next  preceding,  having  a  freehold  estate  within  the  same 
town,  of  the  annual  income  of  three  pounds,  or  any  estate  of  the  value 

See  amend-        of  sixty  pounds,  shall  have  a  right  to  vote  in  the  choice  of  a  represen- 

ments.Arts.in.,  tative  Or  representatives  for  the  said  town.] 

Rro'resMifa^^^'       [^-     '^'^'^  members  of  the  house  of  representatives  shall  be  chosen 

Uvea,  when         annually  in  the  month  of  May,  ten  days  at  least  before  the  last  Wed- 

chosen.  nesday  of  that  month.] 

See  amend-  ''  -^ 

mc„t^,Arts.x.       yj^     rj^j^^  j^^^g^  ^f  representatives  shall  be  the  grand 
to  "each  °^^ ''^^  inquest  of  this  Commonwealth  ;  and  all  impeachments  made 

by  them  shall  be  heard  and  tried  by  the  senate. 
House  to  oiigi-        VII.     All  moucy  bills  shall  oriij^inate  in  the  house  of 

nate  all  money  .     ..  i      j_    xi  j  ^ 

bills.  representatives ;    but  the  senate  may  propose  or  concur 

with  amendments,  as  on  other  bills. 
Not  to  adjourn        VIII.     The  housc  of  representatives  shall  have  power 
days  at  a  time,    to  adjoum  themsclvcs,  provided  such  adjournment  shall 

not  exceed  two  days  at  a  time. 

Quorum.  [IX.     Not  less  than  sixty  members  of  the  house  of  representatives 

mcn^™Ai-t'        shall  constitute  a  quorum  for  doing  business.] 

H^se  to  judge       X.     The  housc  of  representatives  shall  be  the  judge  of 

of  iu'own'nfem-  ^^®  Tctums,  clectious  and  qualihcations  of  its  own  members, 

bars;  to  choose  as  pointed  out  iu  thc  constitution ;  shall  choose  their  own 

establish  its       Speaker,  appoint  their  own  officers,  and  settle  the  rules  and 

May^punish  for   oixlcrs  of  proceeding  in  their  own  house.     They  shall  have 

certain  oflences.  authority  to  puiiish  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  thc  town  Avhere  the  general  court  is  sitting,  and 

durinij  the  time  of  its  sittins",  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- 


COMMONWEALTH  OF  MASSACHUSETTS.  17 

for;  or  who  shall  assault  or  arrest  any  witness,  or  other 
jierson,  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  P"^'ege8  of 

^  ...  members. 

arrested,  or  held  to  bail  on  mean  process,  during  hisgomg 
unto,  return  from,  or  his  attending,  the  general  assembly. 

XI.     The  senate  shall  have  the  same  powers  in  the  like  senate, 
cases ;  and  the  governor  and  council  shall  have  the  same  Governor  and 
authority  to  punish  in  like  cases  :  provided,  that  no  im-  punkh.™*^ 
prisonment,  on  the  warrant  or  order  of  the  governor,  coun-  General  umita- 
cil,  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  Trial  may  be  by 

committee  or 

determine  all  cases  where  their  rights  and  privileges  are  otherwise.' 
concerned,  and  which,  by  the  constitution,  they  have  au- 
thority to  try  and  determine,  by  committees  of  their  own 
members,  or  in  such  other  way  as  they  may,  respectively, 
think  best. 


CHAPTER    II. 

EXECUTIVE    POWER. 

Section  I. 

Gov€rno7\ 

Art.  I.     There  shall  be  a  supreme  executive  magistrate,  Governor, 
who  shall  be  styled — The  Governor  of  the  Cojvuvion- his  title. 
WEALTH  OF  MASSACHUSETTS;  and  whose  title  shall  be — 
IIis  Excellency. 

II.     The  governor  shall  be  chosen  annually  ;  and  no  per-  To  be  chosen 
sou  shall  l)e  eligible  to  this  office,  unless,  at  the  time  of  his  ^''""^"y' 
election,  he  shall  have  been  an  inhabitant  of  this  Common-  QuaUficationa. 
wealth  for  seven  years  next  preceding  ;  and  unless  he  shall, 
at  the  same  time,  be  seised,  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  see  amend- 
Christian  religion .  ]  "'^''^''  ^'^-  ^• 

[III.    Those  persons  who  shall  be  qualified  to  vote  for  senators  and  By  whom 
representatives,  within  the  several  towns  of  this  Commonwealth,  shall,  ha°e^a  maorit 
at  a  meeting  to  be  called  for  that  purpose,  on  the  first  Monday  of  April,  of  votes!''''""  ^ 
3 


18 


CONSTITUTION  OF  THE 


Bee  amend- 
ments, Arts,  n., 
X.,  XIV.  and 
XV. 


How  chosen, 
■when  no  person 
has  a  majority. 


Power  of  gov- 
ernor, and  of 
governor  and 
covmcil. 


annually,  give  in  their  votes  for  a  governor,  to  the  selectmen,  who 
shall  preside  at  such  meetings  ;  and  the  town  clerk,  in  the  presence 
and  Avith  the  assistance  of  the  selectmen,  shall,  in  open  town  meeting, 
sort  and  count  the  votes,  and  form  a  list  of  the  persons  voted  for,  with 
the  number  of  votes  for  each  person  against  his  name  ;  and  shall  make 
a  fair  record  of  the  same  in  the  town  books,  and  a  public  declaration 
thereof  in  the  said  meeting ;  and  shall,  in  the  presence  of  the  inhabitants, 
seal  up  copies  of  the  said  list,  attested  by  him  and  the  selectmen,  and 
transmit  the  same  to  the  sheriff  of  the  county,  thirty  days  at  least  be- 
fore the  last  Wednesday  in  May;  and  the  sheriff  shall  transmit  the 
same  to  the  secretary's  oflBce,  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  examined ;  and  in  case  of  an  elec- 
tion by  a  majority  of  all  the  votes  returned,  the  choice  shall  be  by 
them  declared  and  published ;  but  if  no  person  shall  have  a  majority 
of  votes,  the  house  of  representatives  shall,  by  ballot,  elect  two  out  of 
four  persons,  who  had  the  highest  number  of  votes,  if  so  many  shall 
have  been  voted  for ;  but  if  otherwise,  out  of  the  number  voted  for ; 
and  make  return  to  the  senate  of  the  two  persons  so  elected ;  on  which, 
the  senate  shall  proceed,  by  ballot,  to  elect  one  who  shall  be  declared 
governor.] 

IV.  The  governor  shall  have  authority,  from  time  to 
time,  at  his  discretion,  to  assemble  and  call  together  the 
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 
council,  for  the  ordering  and  directing  the  affairs  of  the 
Commonwealth,  agreeably  to  the  constitution  and  the  laws 
of  the  land. 

V.  The  governor,  with  advice  of  council,  shall  have 
full  power  and  authority,  during  the  session  of  the  general 
court,  to  adjourn  or  prorogue  the  same  at  any  time  the 
two  houses  shall  desire  ;  [and  to  dissolve  the  same  on  the 
day  next  preceding  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  bo 
adjourned  or  prorogued,  if  the  welfare  of  the  Common- 
wealth 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  thc  governor  shall  dissolve  the  said  general  court  on  the  day 

ments,  Art.  X.     j^^^.^.  pi-gceding  the  last  Wednesday  in  May.] 


May  adjourn  or 
prorogue  the 
general  court 
upon  request, 
and  convene  the 
same. 

See  amend- 
ments, Art.  X. 


COMMONWEALTH  OF  MASSACHUSETTS.  19 

YI.     In  cases  of  disagreement  between  the  two  houses,  Governor  and 
with  regard  to  the  necessity,  expediency  or  time  of  adjourn-  journ  thTg^n. " 
meut  or  prorogation,  the  governor,  with  advice  of  the  cases!°&c.!  but 
council,  shall  have  a  right  to  adjourn  or  prorogue  the  gen-  jlji^e^ty'^days?^ 
era!  court,  not  exceeding  ninety  days,  as  he  shall  deter- 
mine the  public  good  shall  require. 

VII.  The  governor  of  this  Commonwealth,  for  the  time  Governor  to  be 
being,  shall  be  the  commander-in-chief  of  the  army  and  cbkf""'^'''^' 
nav}",  and  of  all  the  military  foi'ces  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  navj' ; 
and,  for  the  special  defence  and  safet}^  of  the  Common- 
wealth, to  assem])le  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  fit- 
ting waj's,  enterprises  and  means^whatsoever,  all  and  every 
such  person  and  persons  as  shall,  at  any  time  hereafter,  in 
a  hostile  manner,  attempt  or  euterj^jrise  the  destruction,  in- 
vasion, detriment  or  annoyance  of  this  Commonwealth  ;  and 
to  use  and  exercise,  over  the  army  and  navy,  and  over  the 
militia  in  actual  service,  the  law-martial,  in  time  of  war  or 
invasion,  and  also  in  time  of  rebellion,  declared  by  the 
legislature  to  exist,  as  occasion  shall  necessarily  require ; 
and  to  take  and  surprise,  by  all  wa^'s  and  means  whatso- 
ever, 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  commander-in-chief,  and  ad- 
miral, to  be  exercised  agreeably  to  the  rules  and  regula- 
tions of  the  constitution,  and  the  law^s  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  legisla- 
ture, transport  any  of  the  inhabitants  of  this  Common- 
wealth, or  oblige  them  to  march  out  of  the  limits  of  the 
same,  without  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  far  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  water,  for  the 


20 


CONSTITUTION  OF  THE 


Governor  and 
council  may  par- 
lion  oftences, 
except,  &c. 

But  not  before 
conviction. 


All  judicial  offi- 
cers, &c.,  how 
nominated  and 
appointed. 
See  amend- 
ments. Arts. 

XIV.,  xvn. 

and  XTX. 


Militia  officer8, 
how  elected. 


See  amend- 
ments. Art.  V. 


How  commis- 
sioned. 


Election  of 
officers. 


Major-generals, 
how  appointed 
and  commis- 
sioned. 

Vacancies,  bow 
filled,  in  case, 
&c. 


Officers  duly 
commissioned, 
how  removed. 
See  amend- 
ments, Art.  rV. 

Adjutants,  &c., 
how  appointed. 


Adjutant-gen- 
eral. 


defence  of  such  part  of  the  State  to  which  they  cannot 
otherwise  couvcniently  have  access. 

VIII.  The  power  of  pardoning  offences,  except  such  as 
persons  may  be  convicted  of  before  the  senate,  by  an  im- 
peachment of  the  house,  shall  be  in  the  governor,  by  and 
with  the  advice  of  council ;  but  no  charter  or  pardon, 
granted  by  the  governor,  with  advice  of  the  council,  be- 
fore conviction,  shall  avail  the  party  pleading  the  same, 
notwithstanding  an}'-  general  or  particular  expressions 
contained  therein,  descriptive  of  the  offence  or  offences 
intended  to  bo  pardoned. 

IX.  All  judicial  officers,  [the  attorney- general,  the 
solicitor- general,  all  sheriffs,]  coroners  [and  registers  of 
probate,]  shall  be  nominated  and  appointed  by  the  gov- 
ernor, by  and  with  the  advice  and  consent  of  the  council ; 
and  every  such  nomination  shall  be  made  by  the  governor, 
and  made  at  least  seven  days  prior  to  such  appointment. 

X.  The  captains  and  subalterns  of  the  mihtia  shall  be 
elected  by  the  written  votes  of  the  train-baud  and  alarm  list 
of  their  respective  companies,  [of  twenty-one  years  of  age 
and  upwards  ;]  the  field  officers  of  regiments  shall  be  elected 
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 
governor,  who  shall  determine  their  rank. 

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

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

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

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  21 

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

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

XI.  No  moneys  shall  be  issued  out  of  the  treasury  of  Money,  how 
this  Commonwealth  and  disposed  of  (except  such  sums  as  treasury,  ex- 
may  be  appropriated  for  the  redemption  of  bills  of  credit  '=''?*•  ^<=- 
or  treasurer's  notes,  or  for  the  payment  of  interest  arising 
thereon,)  but  by  warrant  under  the  hand  of  the  governor 

for  the  time  being,  with  the  advice  and  consent  of  the  coun- 
cil, for  the  necessary  defence  and  support  of  the  Common- 
wealth, and  for  the  protection  and  preservation  of  the 
inhabitants  thereof,  agreeably  to  the  acts  and  resolves  of 
the  general  court. 

XII.  All  public  boards,  the    commissary-general,  all  ^^]'"p^^°^f^^ 
superintending  officers  of  public  magazines  and  stores,  be-  cerstomake 
longing  to  this  Commonwealth,  and  all  commanding  officers  uTrM?"^  ^  "' 
efforts  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,  can- 
non with  their  appendages,  and  small  arms  with  their  ac- 
coutrements, 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  the  condition  of  such  forts  and  garri- 
sons ;  and  the  said  commanding  officer  shall  exhibit  to  the 
governor,  when  required  by  him,  true  and  exact  plans  of 
such  forts,  and  of  the  land  and  sea,  or  harbor  or  harbors, 
adjacent. 

And  the  said  boards,  and  all  public  officers,  shall  commu- 
nicate to  the  governor,  as  soon  as  may  be  after  receiving  the 
same,  all  letters,  dispatches  and  intelligences  of  a  public 
nature,  which  shall  be  directed  to  them  respectively. 

XIII.  As  the  public  good  requires  that  the  governor  salary  of  gov- 
should  not  be  under  the  undue  influence  of  any  of  the  mem-  ""°'' 
bers  of  the  general  court,  by  a  dependence  on  them  for  his 
support — that  he  should,  in  all  cases,  act  with  freedom  for 

the  benefit  of  the  public — that  he  should  not  have  his  atten- 
tion necessarily  diverted  from  that  object  to  his  private 


22 


CONSTITUTION  OF  THE 


Salaries  of  jus- 
tices  of  supreme 
judicial  court. 

Salaries  to  be 
enlarged,  if  in- 
sufficient. 


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 
purposes,  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  estab- 
lished by  law  for  the  justices  of  the  supreme  judicial  court. 

And  if  it  shall  be  found  that  any  of  the  salaries  aforesaid, 
so  established,  are  insufficient,  they  shall,  from  time  to 
time,  be  enlarged,  as  the  general  court  shall  judge  proper. 


CHAPTER    II. 
Section  IT. 


Lieutenant-gov. 
ernor;  his  title 
and  qualiiica> 
tions. 


See  amend- 
ments, Arts. 
in.,  VI.,  X.  and 
XV. 


How  chosen. 


President  of 
council. 

Lieutenant-gov- 
ernor a  member 
of,  except,  &c. 


Lieutenant-gov- 
ernor to  be  act- 
ing governor,  in 
case,  &c. 


Lieutenant  -  Governor, 

Art.  I.  There  shall  be  annually  elected  a  lieutenant- 
governor  of  the  Commonwealth  of  Massachusetts,  whose 
title  shall  be — His  Honor  ;  and  who  shall  be  qualified,  in 
l^oint  of  religion,  property,  and  residence  in  the  Common- 
wealth, in  the  same  manner  with  the  governor  ;  and  the  day 
and  manner  of  his  election,  and  the  qualifications  of  the 
electors,  shall  be  the  same  as  are  required  iu  the  election  of 
a  governor.  The  return  of  the  votes  for  this  officer,  and 
the  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  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 
governor  shall  be  vacant. 

HI.  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- 


COMMONWEALTH  OF  MASSACHUSETTS.  23 

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,  and  the  Manner  of  settling  Elections  by  the  Legislature. 

Art.  I.     There  shall  be  a  council,  for  advising  the  gov-  Councu. 
ernor  in  the  executive  part  of  the  government,  to  consist  ^"^^f™^ 
of  [nine]  persons  besides  the  lieutenant-governor,  whom  xvi. ' 
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  direct- 
ing the  affairs  of  the  Commonwealth,  according  to  the  laws 
of  the  land. 

[n.    Nine  councillors  shall  be  annually  chosen  from  among  the  per-  Number;  from 
sons  returned  for  councillors  and  senators,  on  the  last  Wednesday  in  whom,  and  how 
May,  by  the  joint  ballot  of  the  senators  and  rejiresentatives  assembled  <'^°*^'^- 
in  one  room ;  and  in  case  there  shall  not  l)e  found,  upon  the  first  choice,  See  amend- 
the  whole  number  of  nine  persons  who  Avill  accept  a  seat  in  the  conn-  ^|?j*'  ^'^v-v^'' 
cil,  the  deficiency  shall  be  made  up  by  the  electors  aforesaid  from         '  ^ 
among  the  people  at  large  ;  and  the  number  of  senators  left,  shall  con- 
stitute the  senate  for  the  j'ear.     The  seats  of  the  persons  thus  elected  Senators  becom- 
from  the  senate,  and  acceptino'  the  trust,  shall  be  vacated  in  the  senate.]  mg  councillors, 

'•Id'  -■    seats  vacated. 

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

[IV.     iSTot  more  than  two  councillors  shall  be  chosen  out  of  any  one  isto  district  to 
district  in  this  Commonwealth.]  have  more  than 

-■  two. 

Y.     The  resolutions  and  advice  of  the  council  shall  be  Register  of 
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-  cotmdi  to  excr. 
governor  shall  be  vacant  by  reason  of  death,  absence,  or  "/governo^'L 
otherwise,  then  the  council,  or  the  major  part  of  them,  <=^^®'^'=- 
shall,  during  such  vacancy,  have  full  power  and  authgrity. 


24 


CONSTITUTION  OF  THE 


to  do  and  execute,  all  and  every  such  acts,  matters  and 
thiugs,  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  ^'lections  appointed  to  be  made  by  this 

constitution   on   the   last  Wednesday  in  May  annually,  by  tlie  two 

houses  of  the  legislature,  may  not  be  completed  on  that  day,  the 

said  elections  may  be  adjourned  I'rom  day  to  day,  until  the  same  shall 

Order  thereof,     be  completed.    And  the  order  of  elections  shall  be  as  follows:  the 

Amendments,      Vacancies  in  the  senate,  if  any,  shall  first  be  filled  up  ;  the  governor 

Ans.xvi.  and    and  lieutenant-governor  shall  then  be  elected,  pi'ovided  there  should 

be  no  choice  of  them  by  the  jjeople ;  and  afterwards  the  two  houses 

shall  proceed  to  the  election  of  the  council.] 


Elections  may 
te  adjourned 
uutil,  &c. 


CHAPTER    II. 
Section  IV. 


Secretary,  &c. ; 
by  ■whom  and 
how  chosen. 
See  amend- 
ment!?, Arts.  IV. 
and  XVn. 

Treasurer  in- 
eligible  for  more 
than  five  succes- 
sive years. 


Becrctary  to 
keep  records;  to 
attend  the  gov- 
ernor  and  coun- 
cil, &c. 


Secretary i  Treasurer,  Commissary,  &c. 

Art.  I.  [The  secretary,  treasurer  and  receiver-gen- 
eral, and  the  commissary-general,  notaries  public  and  naval 
officers,  shall  be  chosen  annually,  by  joint  ballot  of  the 
senators  and  representatives,  in  one  room.]  And,  that 
the  citizens  of  this  Commonwealth  may  be  assured,  from 
time  to  time,  that  the  moneys  remaining  in  the  public 
treasury,  upon  the  settlement  and  liquidation  of  the  public 
accounts,  are  their  property,  no  man  shall  be  eligible  as 
treasurer  and  receiver-general  more  than  five  years  suc- 
cessively. 

II.  The  records  of  the  Commonwealth  shall  be  kept  in 
the  office  of  the  secretary,  who  may  appoint  his  dei^uties, 
for  whose  conduct  he  shall  be  accountable ;  and  he  shall 
attend  the  governor  and  council,  the  senate  and  house  of 
representatives  in  person,  or  by  his  deputies,  as  they  shall 
respectively  require. 


CHAPTER    III. 


Tenure  of  all 
commission  offi- 
ccrs  to  be  ex- 
pressed. 


JUDICIARY    POWER. 

Art.  I,     The  tenure  that  all  commission  officers  shall 
by  law  have  in  their  offices  shall  be  expressed  in  their 


COMMONWEALTH  OF  MASSACHUSETTS.  25 

respective  commissions.      All  judicial  officers,   duly  ap-  judicial  officers 
pointed,  commissioned  and  sworn,  shall  bold  their  offices  d'unng guod'^ be. 
during  good  behavior,  excepting  such  concerning  whom  ^cy'*"^'  "'^'^'^^p^ 
there  is  different  provision  made  in  this  constitution  :  pro-  May  te  removed 
vided,  nevertheless,  the   governor,  with  consent  of  the  °"^*i'i"'*«- 
council,  may  remove  them  upon  the  address  of  both  houses 
of  the  legislature. 

II.  Each  branch  of  the  legislature,  as  well  as  the  gov-  Justices  of  eu. 
ernor  and  council,  shall  have  authority  to  require  the  ccuTtl^gh-e^ 
opinions  of  the  justices  of  the  supreme  judicial  court,  upon  r?q^?ed.^''^''" 
important  questions  of  law,  and  upon  solemn  occasions. 

III.  In  order  that  the  people  may  not  suffer  from  the  Justices  of  the 
long  continuance  in  place  of  any  justice  of  the  peace,  who  of  their  office. 
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  expira- 
tion of  any  commission,  the  same  may,  if  necessary,  be 
renewed,  or  another  person  appointed,  as  shall  most  con- 
duce to  the  well  being  of  the  Commonwealth. 

IV.  The  judges  of  probate  of  wills,  and  for  granting  Provisions  for 
letters  of  administration,  shall  hold  their  courts  at  such  coumf  ^''"^^^ 
place  or  places,  on  tixed  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  Causes  of  mar. 
from  the  judges  of  probate,  shall  be  heard  and  determined  by  the  ""p  ^""^  <"- 
governor  and  council  until  the  legislature  shall,  by  law,  make  other  determined. 
provision.] 


CHAPTER    IV. 


DELEGATES     TO     CONGRESS. 


[The  delegates  of  this  Commonwealth  to  the  congress  of  the  United  Delegates  to 
States  shall,  some  time  in  the  month  of  June,  annually,  be  elected  by  '^°°sresB. 
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  g,-)vernor,  and  the  great  seal 
of  the  Commonweallh  ;  but  may  be  recalled  at  anytime  within  the 
year,  and  others  chosen  and  commissioned,  in  the  same  manner,  in 
their  stead.] 


26 


CONSTITUTION  OF  THE 


CHAPTER    V. 


Harvard  Col- 
lege. 


PoTivers,  privi- 
leges, &c.,  of  the 
pifsident  imd 
fellows,  con- 
firmed. 


Property  de- 
vised. 


Gifts,  grants, 
and  conveyances 
confirmed. 


Board  of  Over- 
Bcers  estnb- 
lished  by  gcncr- 
al  court  of  1642. 


the  university  at  cambridge,  and  encouragement  of 
literature,  &c. 

Section  1. 

The   University, 

Art.  I.  Whereas  our  wise  and  pious  ancestors,  so  early 
as  the  year  one  thousand  six  hundred  and  thirty-six,  laid 
the  foundation  of  Harvard  College,  in  "which  university 
many  persons  of  great  eminence  have,  by  the  blessing  of 
God,  been  initiated  in  those  arts  and  sciences  w^hich  quali- 
fied 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  President  and  Fellows  or  Harvard 
College,  in  their  corporate  capacity,  and  their  successors 
in  that  capacity,  their  officers  and  servants,  shall  have, 
hold,  use,  exercise  and  enjoy,  all  the  powers,  authorities, 
rights,  liberties,  privileges,  immunities  and  franchises, 
w^hich  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 
divers  persons,  gifts,  grants,  devises  of  houses,  lands,  tene- 
ments, goods,  chattels,  legacies  and  conveyances,  hereto- 
fore made,  cither  to  Harvard  College  in  Cambridge,  in 
New  England,  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,  grants,  devises,  legacies  and  conveyances, 
are  hereby  forever  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. 

III.  And  whereas  by  an  act  of  the  general  court  of  the 
colony  of  Massachusetts  Bay,  passed  in  the  year  one  thou- 
sand six  hundred  and  forty-two,  the  governor  and  deputy- 
governor,  for  the  time  being,  and  all  the  magistrates  of  that 
jurisdiction,  were,  with  the  president,  and  a  number  of  the 


COMMONWEALTH  OF  MASSACHUSETTS.  27 

cler<ry  in  the  said  act  described,  constituted  the  overseers 
of  Harvard  College ;  and  it  being  necessary,  in  this  new 
constitution   of  government,  to   ascertain   who   shall   be 
deemed  successors  to  the  said  governor,  deputy-governor, 
and  magistrates  ;  it  is  declared,  that  the  governor,  lieuten-  overseers  estab- 
ant-governor,  council  and  senate  of  this  Commonwealth,  tmlou.''^ '^''"*^" 
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  cliurches  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  au- 
thority belonging,  or  in  any  way  appertaining,  to  the  over- 
seers of  Harvard  College  :  provided,  that  nothing  herein  Power  of  aitera- 
shall  be  construed  to  prevent  the  legislature  of  this  Com-  IhTiegisut^e? 
monwealth  from  making  such  alterations  in  the  govern- 
ment of  the  said  university,  as  shall  be  conducive  to  its 
advantage,  and  the  interest  of  the  republic  of  letters,  in  as 
full  a  manner  as  might  have  been  done  by  the  legislature 
of  the  late  Province  of  the  Massachusetts  Bay. 


CHAPTER    V. 
Section  H. 

The  Encouragement  of  Literature,  &c. 

"Wisdom  and  knowledge,  as  well  as  virtue,  diiFiised  gen-  Duty  of  legisia- 
erally  among  the  body  of  the  people,  being  necessary  for  u-lwsi^Mil-' 
the  preservation  of  their  rights  and  liberties  ;  and  as  these  t'^e  periods. 

A  C  '  ^"^  See  amend- 

depend  on  spreadmg  the  opportunities  and  advantages  of  ^™ts.  Art. 
education  in  the  various  parts  of  the  country,  and  among 
the  different  orders  of  the  people,  it  shall  be  the  duty  of 
legislatures  and  magistrates,  in  all  future  periods  of  this 
Commonwealth,  to  cherish  the  interests  of  literature  and 
the  sciences,  and  all  seminaries  of  them  ;  especially  the  uni- 
versity at  Cambridge,  pul^lic  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  aQcctions,  and  generous  sentiments, 
among  the  people. 


28 


CONSTITUTION  OF  I'HE 


CHAPTER    VI. 

OATHS  AND  SUBSCRIPTIONS  ;  INCOMPATIBILITY  OF  AND  EX- 
CLUSION FROM  OFFICES  ;  PECUNIARY  QUALIFICATIONS  ; 
C03IMISSI0NS  ;  WRITS  ;  CONFIRMATION  OF  LAWS  ;  HABEAS 
CORPUS  ;  THE  enacting  style  ;  continuance  OF  OF- 
FICERS ;  provision  for  a  future  revisal  of  the 
constitution,  &c. 


Declaration  of 
executive  and 
legislative  offi- 
cers. 

See  amend- 
ments, Art.  VII. 


Declaration  and 
oaths  of  all  offi- 
cers. 


See  amend- 
meutB,  Art.  VI. 


AiiT.  I.  [Any  person  chosen  governor,  lieutenant-governor,  coun- 
cillor, senator  or  representative,  and  accepting  the  trust,  shall,  before 
he  proceed  to  execute  the  duties  of  his  place  or  office,  make  and  sub- 
scribe the  following  declaration,  viz. : 

"  I,  A.  B.,  do  declare,  that  I  believe  the  Christian  religion,  and  have 
a  firm  persuasion  of  its  truth  ;  and  that  I  am  seised  and  possessed,  in 
my  own  right,  of  the  property  required  by  the  constitution,  as  one 
qualification  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  assembly  ;  and  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  every  person  chosen  to  either  of  the  places  or  offices 
aforesaid,  as  also  any  person  appointed  or  commissioned 
to  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 
following  declaration,  and  oaths  or  affirmations,  viz.  : 

[  "  I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess,  testify  and 
declare,  that  the  Commonwealth  of  Massachusetts  is,  and  of  right  ought 
to  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  Avill  bear  true  faith  and  allegiance  to  the  said  Commonwealth,  and 
that  I  will  defend  the  same  against  traitorous  conspiracies  and  all  hos- 
tile attempts  whatsoever ;  and  that  I  do  renounce  and  abjure  all  alle- 
giance, 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  po- 
tentate, hath,  or  ought  to  have,  any  jurisdiction,  superiority,  pre-emi- 
nence, authority,  dispensing  or  other  power,  in  any  matter,  civil,  eccle- 
siastical or  spiritual,  within  this  Commonwealth;  except  the  authority 
and  power  which  is  or  may  be  vested  by  their  constituents  in  the  con- 
gress 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  dis- 
charge me  from  the  obligation  of  this  oath,  declaration  or  affirmation ; 
and  that  I  do  make  this  acknowledgment,  profession,  testimony,  dec- 
laration, denial,  renunciation  and  abjuration,  heartily  and  truly,  accord- 
ing to  the  common  meaning  and  acceptation  of  the  foregoing  Avords, 
without  any  equivocation,  mental  evasion  or  secret  reservation  what- 
soever.   So  help  me,  God."] 


COMMONWEALTH  OF  MASSACHUSETTS.  29 

"I,  A.  B.,  do  solemnly  swear  and  affirm,  that  I  will 
faithfully  and  impartially  discharge  and  perform  all  the 
duties  incumbent  on  me  as  ,  according  to 

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

[Provided,  always,  that  when  any  person,  chosen  or  appointed  as  Sec  amend- 
aforesaid,  shall  be  of  the  denomination  of  the  people  called  Quakers,  '^^^^^'  ^^'  • 
and  shall  decline  taking  the  said  oaths,  he  shall  make  his  affirmation 
in  the  foregoing  form,  and  subscribe  the  same,  omitting  the  words,  "I 
do  swear,"  and  "  and  abjure,"  "oath  or,"  "  and  abjuration,"  in  the  first 
oath  ;  and  in  the  second  oath,  the  words  "  swear  and,"  and  in  each  of 
them  the  words,  "  So  help  me,  God  ;  "  subjoining  instead  thereof,  "  This 
1  do  under  the  pains  and  penalties  of  perjury."] 

And  the  said  oaths  or  affirmations  shall  be  taken  and  m^tl'onThow'^' 
subscribed  by  the  governor,  lieutenant-governor  and  conn-  admiBistered. 
cillors,  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  constitu- 
tion ;  and  forever  afterwards  before  the  governor  and  coun- 
cil for  the  time  being ;  and  by  the  residue  of  the  officers 
aforesaid,  before  such  persons,  and  in  such  manner,  as  from 
time  to  time  shall  be  prescribed  by  the  legislature. 

II.     No  governor,  lieutenant-governor,  or  judge  of  the  Plurality  of  oib. 

•      n.-i  iiiiiii  J.1  JK  1  ces  prohibited  to 

supreme  judicial  court,  shall  hold  any  other  office  or  place,  governor,  &c., 
under  the  authority  of  this  Commonwealth,  except  such  as  ^^^''^p*' ^<=- 
by  this  constitution  they  are  admitted  to  hold,  saving  that  Seeamend- 
the  judges  of  the  said  court  may  hold  the  offices  of  justices  viTi.*' 
of  the  peace  through  the  State ;  nor  shall  they  hold  any 
other  place  or  office,  or  receive  any  pension  or  salary  from 
any  other  State,  or  government  or  power,  whatever. 

No  person  shall  be  capable  of  holding  or  exercising  at  same  subject. 
the  same  time,  within  this  State,  more  than  one  of  the  fol- 
lowing offices,  viz.  :  judge  of  prol)ate,  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  representatives,  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  ex- 
cepted, shall  be  held  by  one  person. 

No  person  holding  the  office  of  judge  of  the  supreme  incompatible 
judicial  court  —  secretary  —  attorney- general — [solicitor-  ° 
general] — treasurer  or  receiver-general — judge  of  probate  See  amend- 

•  ^  «/       o  i-  nicnts  Art 

— commissary-general — president,  professor,  or  instructor  vm.' 


30 


CONSTITUTION  OF  THE 


Same  subject. 


Bribery,  &c., 
operates  dls- 
qualiticatiou. 


Value  of  money 
ascertained. 
Property  quali- 
fications. 


See  amend- 
ments, Art. 
XIU. 


Provisions  re- 
specting com- 
missions. 


Provisions  re- 
epecting  vyrits. 


Continuation  of 
former  laws,  ex- 
cept, &c. 


of  Harvard  College — sheriff — clerk  of  the  house  of  represen- 
tatives— 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 
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 
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 
the  legislature,  or  any  office  of  trust  or  importance  under 
the  government  of  this  Commonwealth,  who  shall  in  the 
due  course  of  law,  have  been  convicted  of  bribery  or  cor- 
ruption, in  obtaining  an  election  or  appointment. 

III.  In  all  cases  where  sums  of  money  are  mentioned  in 
this  constitution,  the  value  thereof  shall  be  computed  in 
silver,  at  six  shillings  and  eight  pence  per  ounce ;  and  it 
shall  be  in  the  power  of  the  legislature,  from  time  to  time, 
to  increase  such  qualifications,  as  to  property,  of  the  per- 
sons to  be  elected  to  offices,  as  the  circumstances  of  the 
Commonwealth  shall  require. 

IV.  All  commissions  shall  be  in  the  name  of  the  Com- 
monwealth of  Massachusetts,  signed  by  the  governor,  and 
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 
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, 
used  and  approved,  in  the  Province,  Colony  or  State  of 
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. 


COMMONWEALTH  OF  MASSACHUSETTS.  31 

VII.  The  privilege  and  benefit  of  the  writ  of  habeas  ^"^"^^^o^ 
corpus  shall  be  enjoyed  in  this  Commonwealth,  in  the  most  secured,  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 
exceedino;  twelve  months. 

VIII.  "The  enacting  style,  in  making  and  passing  all  JiJ^f^^'^^^s 
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  foilure  of  justice,  or  danger  arise  Officers  of  for- 
to  the  Commonwealth,  from  a  change  of  the  fonn  of  government,  all  ^n^^^ue""^^!* 
oflBcers,  civil  and  military,  holding  commissions  under  the  government  &c.  ' 

and  people  of  Massachusetts  Bay,  in  Kew  England,  and  all  other  offi- 
cers 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  legislative  officers,  bodies  and  powers,  shall  continue  in 
full  force,  in  the  enjoyment  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  adliere  to  the  principles  of  the  Provision  for 
constitution,  and  to  correct  those  violations  which  by  any  means  may  [yJi^J,"^'  ^^end- 
be  made  therein,  as  well  as  to  form  such  alterations  as  from  experience  merits,' Art.  ix. 
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 
precei:)ts  to  the  selectmen  of  the  several  towns,  and  to  the  assessors  of 
the  unincorporated  plantations,  directing  them  to  convene  the  quali- 
fied voters  of  their  respective  towns  and  plantations,  for  the  purpose 
of  collecting  their  sentiments  on  the  necessity  or  expediency  of  revis- 
ing the  constitution,  in  oi'der  to  amendments. 

And  if  it  shall  appear,  by  the  returns  made,  that  two-thirds  of  the  Same  subject. 
qualified  voters  throughout  the  State,  who  shall  assemble  and  vote  in 
consequence  of  the  said  precepts,  are  in  favor  of  such  revision  or 
amendment,  the  general  court  shall  issue  precepts,  or  direct  them  to 
be  issued  from  the  secretary's  office,  to  the  several  towns,  to  elect 
delegates  to  meet  in  convention  for  the  purpose  aforesaid. 

The  said  delegates  to  be  chosen  in  the  same  manner  and  proportion 
as  their  representatives  in  the  second  branch  of  the  legislature  are  by 
this  constitution  to  be  chosen.] 

XI.     This  form  of  government  shall   be  enrolled   on  provision  for 
parchment,  and  deposited  in  the  secretary's  office,  and  be  puwuhiiif  tw^ 
a  part  of  the  laws  of  the  land ;  and  printed  copies  thereof 
shall  be  prefixed  to  the  book  containing  the  laws  of  this 
Commonwealth,  in  all  future  editions  of  the  said  laws. 


coustitution. 


32 


CONSTITUTION  OF  THE 


General  court 
empowered  to 
charter  cities. 


Proviso. 


ARTICLES    OF    AMENDMENT. 

proved  within^'      Art.  I.     If  any  bill  or  resolve  shall  be  objected  to,  and 

become  a  law.^if  not  appi'oved  by  the  governor;  and  if  the  general  court 

journTn  the""^'     ^^^^^  adjouHi  within  five  days  after  the  same  shall  have 

meantime.         bccn  laid  bcforc  the  governor  for  his  approbation,  and 

thereby  prevent  his  returning  it  with   his  objections,  as 

provided  by  the  constitution,  such  bill  or  resolve  shall  not 

become  a  law,  nor  have  force  as  such. 

Art.  II.  The  general  court  shall  have  full  power  and 
authority  to  erect  and  constitute  municipal  or  city  govern- 
ments, in  any  corporate  town  or  towns  in  this  Common- 
w^ealth,  and  to  grant  to  the  inhabitants  thereof  such  powers, 
privileges  and  immunities,  not  repugnant  to  the  constitu- 
tion, as  the  general  court  shall  deem  necessary  or  ex]3edient 
for  the  regulation  and  government  thereof,  and  to  prescribe 
the  manner  of  calling  and  holding  public  meetings  of  the 
inhabitants  in  wards  or  otherwise,  for  the  election  of  offi- 
cers under  the  constitution,  and  the  manner  of  returning 
the  votes  given  at  such  meetings  :  j^rovided,  that  no  such 
government  shall  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  provided,  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. 

Qualifications  of      Aet.  III.     Evcrv  male  citizen  of  twenty-one  years  of 

voters  for  gover-  -,  t         /  j  •  i  i 

nor,  lieutenant-  agc  aiid  upwards,  (cxcepting  paupers  and  persons  under 
governor,  scna.  g^al•cliallship,)  who  sliall  have  resided  within  the  Common- 
wealth one  year,  and  within  the  town  or  district,  in  which 
he  may  claim  a  right  to  vote,  six  calendar  months  next  pre- 
ceding any  election  of  governor,  lieutenant-governor,  sen- 
ators or  representatives,  and  who  shall  have  paid,  by  him- 
self, or  his  parent,  master  or  guardian,  any  state  or  county 
tax,  which  shall,  within  two  years  next  preceding  such  elec- 
tion, 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  rc})resentatives  ;  and  no  other 
person  shall  be  entitled  to  vote  in  such  elections. 


tors  and  repre- 
sentatives.   11 
Pick.  538. 
See  amend- 
ments, Arts. 
XX.,  XXIU. 
and  XXVI. 


COMMONWEALTH  OF  MASSACHUSETTS.  33 

Art.  JV.    Notaries  public  shall  be  appointed  by  the  gov-  Notaries  puwic, 
ernor,  iu  the  same  manner  as  judicial  officers  are  appointed,  a^d removed! 
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  ojffice  of  secretaiy  or  ti'easurer  of  the  Commonwealth  Vacancies  in  the 
shall  become  vacant  from  any  cause,  during  the  recess  of  the  general  ^^^^^,\°l ^'^"^- 
court,  the  governor,  with  the  advice  and  consent  of  the  council,  shall  ure'r.'how  mied 
nominate  and  appoint,  under  such  regulations  as  may  be  prescribed  in  case,  &c. 
by  law,  a  competent  and  suitable  person  to  such  vacant  office,  who  ^enfg™^[ 
shall  hold  tlie  same  until  a  successor  shall  be  appointed  by  the  general  xvu! 
court.] 

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

All  officers  commissioned  to  command  in  the  militia,  may  Miiitia  officera, 

,  -,    t,  n'         •  1  iii'ij.  liow  removed. 

be  removed  from  office  m  such  manner  as  the  legislature 
may,  by  law,  prescribe. 

Art.  Y.     In  the  elections  of  captains  and  subalterns  of  who  may  vote 
the  militia,  all  the  members  of  their  respective  companies,  eubafter^"^ 
as  well  those  under  as  those  above  the  age  of  twenty-one 
years,  shall  have  a  right  to  vote. 

Art.  VI.  Instead  of  the  oath  of  allegiance  prescribed  Oajh tobetaten 
by  the  constitution,  the  following  oath  shall  be  taken  and 
subscribed  by  every  person  chosen  or  appointed  to  any 
office,  civil  or  military,  under  the  government  of  this  Com- 
monwealth, 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  deuomi-  £ mT-'affil-m. 
nation  called  Quakers,  and  shall  decline  taking  said  oath, 
he  shall  make  his  affirmation  in  the  foregoing  form,  omit- 
ting 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.    Ko  oath,  declaration  or  subscription,  except-  Tests  aboushed. 
ing  the  oath  prescribed  in  the  preceding  article,  and  the 
oath  of  office,  shall  be  required  of  the  governor,  lieutoaiant- 
governor,  councillors,  senators  or  representatives,  to  qualify 
them  to  perform  the  duties  of  their  respective  offices. 


34  CONSTITUTION  OF  THE 

ofoS!'^'^*^  Aet.  VIII.  No  judge  of  any  court  of  this  Common- 
wealth, (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  at- 
torney-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  accept- 
ance of  such  trust,  by  any  of  the  officers  aforesaid,  shall  be 
deemed  and  taken  to  be  a  resignation  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.] 

TOnrutldon**  *°  Art.  IX.  If,  at  any  time  hereafter,  any  specific  and  par- 
bow  made,  ticular  amendment  or  amendments  to  the  constitution  be 
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  pro- 
posed 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  sena- 
tors and  two-thirds  of  the  members  of  the  house  of  repre- 
sentatives present  and  voting  thereon,  then  it  shall  be  the 
duty  of  the  general  court  to  submit  such  proposed  amend- 
ment or  amendments  to  the  people ;  and  if  they  shall  be 
approved  and  ratified  by  a  majority  of  the  qualified  voters, 
voting  thereon,  at  meetings  legally  warned  and  holden  for 
that  purpose,  they  shall  become  part  of  the  constitution  of 
this  Commonwealth. 

Commencement  Art.  X.  The  political  year  shall  begin  on  the  first 
o  poiioa  J  ear,  "yyg^jj^ggjj^y  ^f  January,  instead  of  the  last  Wednesday  of 
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 


COMMONWEALTH  OF  MASSACHUSETTS.  35 

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

[The  meeting  for  the  choice  of  govenior,  lieutenant-governor,  Meetings  for  the 
senators  and  representatives,  shall  be  held  on  the  second  Monday  of  eiioice  of  gover- 
November  in  eveiy  year ;  but  meetings  may  be  adjourned,  if  necessary,  govWnor,''&c'.?" 
for  the  choice  of  representatives,  to  the  next  day,  and  again  to  the  next  when  to  be  held, 
succeeding  day,  but  no  further.  But  in  case  a  second  meeting  shall  be  ^'*^'^®  adjourn- 
necessary  for  the  choice  of  representatives,  such  meetings  shall  be  See  amerd- 
held  on  the  fourth  Monday  of  the  same  month  of  November.]  menu,  Art.  XV. 

All  the  [other]  provisions  of  the  constitution,  respecting 
the  elections  and  proceedings  of  the  members  of  the  general 
court,  or  of  any  other  ofiicers  or  persons  whatever,  that 
have  reference  to  the  last  Wednesday  of  May  as  the  com- 
mencement 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  Article,  when  to 
October,  next  following  the  day  when  the  same  shall  be  duly  uon?*°  "^^^^' 
ratified  and  adopted  as  an  amendment  of  the  constitution  ; 
and  the  governor,  lieutenant-governor,  councillors,  sena- 
tors, representatives,  and  all  other  state  officers,  who  are 
annually  chosen,  and  who  shall  be  chosen  for  the  current 
year,  when  the  same  shall  go  into  operation,  shall  hold  their 
respective  oflices  until  the  first  Wednesday  of  January  then 
next  following,  and  until  others  are  chosen  and  qualified  in 
their  stead,  and  no  longer  ;  and  the  first  election  of  the  gov- 
ernor, 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-  inconsistent 
ent  Avith  the  provisions  herein  contained,  are  hereby  wholly  uuikd.""'^  ^"' 
annulled. 

Aet.  XI.     Instead  of  the  third  article  of  the  bill  of  R^'igious  free- 

.    1  1        /?  n         •  r>  nom  estab- 

rights,  the  lollowmg  modification  and  amendment  thereof  ushed. 
is  substituted : — 


36  CONSTITUTION  OF  THE 

"  As  the  public  worship  of  God,  and  instructions  in  piety, 
religion  and  morality,  promote  the  happiness  and  prosperity 
of  a  people,  and  the  security  of  a  republican  government ; 
therefore  the  several  religious  societies  of  this  Common- 
wealth, whether  corporate  or  unincorporate,  at  any  meet- 
ing legally  warned  and  holden  for  that  purpose,  shall  ever 
have  the  right  to  elect  their  pastors  or  religious  teachers, 
to  contract  with  them  for  their  suppoit,  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  so- 
ciety ;  and  all  religious  sects  and  denominations,  demean- 
ing themselves  peaceably,  and  as  good  citizens  of  the  Com- 
monwealth, shall  be  equally  under  the  protection  of  the 
law ;  and  no  subordination  of  any  one  sect  or  denomination 
to  another  shall  ever  be  established  by  law." 

Census  of  rata-  [Art.  XII.  In  Order  to  provide  for  a  representation  of  the  citizens 
taken°in  1837°  ^^  *'"^  Commonwealth,  fonnded  upon  the  principles  of  equality,  a 
and  decennially  census  of  the  ratable  polls  in  each  city,  town  and  district  of  the  Com- 
thereafter.  moiiwealth,  on  the  first  day  of  !May,  shall  be  taken  and  returned  into 

the  secretary's  office,  in  such  manner  as  the  legislature  shall  pro- 
vide, within  "the  month  of  May,  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  thirty-seven,  and  in  every  tenth  year  thereafter,  in 
Representa-  the  month  of  May,  in  manner  aforesaid  :  and  each  town  or  city  having 
tivea,  how  ap-  three  hundred  ratable  polls  at  the  last  preceding  decennial  census  of 
araendrnentsf '^'^  polls,  may  elect  one  representative,  and  for  every  four  hundred  and  fifty 
Aris.  xui.  and  ratable  polls,  in  addition  to  the  first  three  hundred,  one  representative 
•^-^-  more. 

Towns  having  Any  town  having  less  than  three  hundred  ratable  polls  shall  be  rep- 
ratawJ'po^i'is,  resented  thus  :  The  whole  number  of  ratable  polls,  at  the  last  preceding 
how  represent-  decennial  census  of  polls,  shall  be  multiplied  by  ten,  and  the  product 
•^d-  divided  by  three  hundred  ;  and  such  town  may  elect  one  representa- 

tive as  many  j^ears  Avithin  ten  years,  as  three  hundred  is  contained  in 
the  product  aforesaid. 
Fractions,  how        ^^y  cjty  or  town  having  ratable  polls  enough  to  elect  one  or  more 
represeu  e  .        representatives,  with  any  number  of  polls  beyond  the  necessary  num- 
ber, may  be  represented,  as  to  that  surplus  number,  by  multiiDlying 
such  surplus  number  by  ten,  and  dividing  the  product  by  four  hundred 
and  fifty ;  and  such  city  or  town  may  elect  one  additional  representa- 
tive as  many  years,  within  the  ten  years,  as  four  hundred  and  fifty  is 
contained  in  the  product  aforesaid. 
Town  may  nnite      Any  two  or  more  of  the  several  towns  and  distincts  may,  by  consent 
into  representa-  pf  ^  majority  of  the  legal  voters  present  at  a  legal  meeting  in  each  of 
ive    8  no  8.       ^^^^  towns  and  districts,  respectively,  called  for  that  purpose,  and  held 
previous  to  the  first  day  of  July,  in  the  year  in  which  the  decennial 
census  of  polls  shall  be  taken,  form  themselves  into  a  representative 


COMMONWEALTH  OF  MASSACHUSETTS.  37 

disti-ict,  to  continue  until  the  next  decennial  census  of  polls,  for  the 
election  of  a  representative  or  representatives ;  and  such  districts  shall 
have  all  the  rights,  in  regard  to  representation,  which  would  belong  to 
a  town  containing  the  same  number  of  ratable  polls. 

The  governor  and  council  shall  ascertain  aud  determine,  within  the  The  governor 
the  moHths  of  July  and  August,  in  the  year  of  our  Lord  one  thousand  ^euTm'ine'the 
eight  hundred  and  thirty-seven,  according  to  the  foregoing  principles,  number  of  rep. 
the  number  of  representatives  which  each  city,  town  and  representa-  '■^^j^"j|p|jj^®  ^° 
tive  district  is  entitled  to  elect,  and  the  number  of  years,  within  the  J  enUUed.  °^™ 
period  of  ten  years  then  next  ensuing,  that  each  city,  town  and  repre- 
sentative district  may  elect  an  additional  representative  ;  and  where  New  apportion- 
any  town  has  not  a  sufficient  number  of  polls  to  elect  a  representative  ™®Je*ine''e'°ten 
each  year,  then,  how  many  years  within  the  ten  years,  such  town  may  years, 
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  sanie  to  be  pub- 
lished forthwith  for  the  information  of  the  people,  and  that  number 
shall  remain  fixed  and  unalterable  for  the  period  of  ten  years. 

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

Art.  Xin.     [A  census  of  the  inhabitants  of  each  city  and  town,  on  Census  of  inhab- 
the  first  day  of  May,  shall  be  taken  and  returned  into  the  secretaiT's  *'^"**?°,^^q 
office,  on  or  before  the  last  day  of  June,  of  the  year  one  thousand  eight  and  decennially 
hundred  and  forty,  and  of  every  tenth  year  thereafter ;  which  census  thereafter,  for 
shall  determine  the  apportionment  of  senators  and  representatives  for  gemat'ion.'^^'^^* 
the  term  of  ten  years.  See  amend- 

The  several  senatorial  districts  now  existing,  shall  be  permanent.  ™™*^'  ^'■'^• 
The  senate  shall  consist  of  forty  members  ;  and  in  the  year  one  thou-  senatorial  dis- 
sand  eight  hundred  and  forty,  and  every  tenth  year  thereafter,  the  tricta  declared 
governor  and  council  shall  assign  the  nimiber  of  senators  to  be  chosen  ^ee™me^nd- 
in  each  district,  according  to  the  number  of  inhabitants  in  the  same,  ments,  Art. 
But,  in  all  cases,  at  least  one  senator  shall  be  assigned  to  each  district,  xxn. 

The  members  of  the  house  of  representatives  shall  be  apportioned  House  of  repre- 
in  the  following  manner :  Eveiy  town  or  city  containing  twelve  hun-  |pp'^rJ[oncd.°'^ 
dred  inhabitants,  may  elect  one  representative  ;  and  two  thousand  four  See  amend- ' 
hundred  inhabitants  shall  be  the  mean  increasing  number,  which  shall  m^pts.^Art. 
entitle  it  to  an  additional  representative. 

Every  town  containing  less  than  twelve  hundred  inhabitants  shall  Small  towns, 
be  entitled  to  elect  a  representative  as  many  times,  within  ten  years,  ^^^  represent- 
as  the  nuiuber  one  hundred  and  sixty  is  contained  in  the  number  of 
the  inhabitants  of  said  town.     Such  'towns  may  also  elect  one  repre- 
sentative for  the  year  in  Avhich  the  valuation  of  estates  within  the 
Commonwealth  shall  be  settled. 

Any  two  or  more  of  the  several  towns  may,  by  consent  of  a  major-  Towns  may 
ity  of  the  legal  voters  present  at  a  legal  meeting,  in  each  of  said  towns,  g°^tat\ve*d^''^ 
respectively,  called  for  that  purpose,  and  held  before  the  first  day  of  tricts. 
August,  in  the  year  one  thousand  eight  hundred  aud  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 
tlie  rights,  in  regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  number  of  inhabitants. 

The  number  of  inhabitants  which  shall  entitle  a  town  to  elect  one  Basis  of  repre- 
representative,  and  the  mean  increasing  number,  which  shall  entitle  a  sentation,  and 


38 


CONSTITUTION  OF  THE 


The  governor 
and  council  to 
apportion  the 
number  of  rep- 
reseutatives  of 
each  town  once 
in  every  ten 
years. 

Councillors  to 
be  chosen  from 
the  people  at 
large. 

See  amend- 
ments, Art. 
XVI. 

Qualifications  of 
councillors. 


ratio  of  in-         town  or  city  to  elect  more  than  one,  and  also  the  number  by  ■which  the 
crease.  population  of  towns,  not  entitled  to  a  representative  every  year,  is  to 

be  divided,  shall  be  increased,  respective!}-,  by  one-tenth  of  the  num- 
bers above  mentioned,  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, 
before  the  first  day  of  September,  apportion  the  number  of  representa- 
tives which  each  city,  town  and  representative  district  is  entitled  to 
elect,  and  ascertain  how  many  years,  within  ten  years,  any  town  may 
elect  a  representative,  which  is  not  entitled  to  elect  one  every  year; 
and  the  governor  shall  cause  the  same  to  be  jjublished  forthwith. 

Nine  councillors  shall  be  annually  chosen  from  among  the  people 
at  large,  on  the  first  Wednesday  of  January,  or  as  soon  thereafter  as 
may  be,  by  the  joint  ballot  of  the  senators  and  representatives,  as- 
sembled in  one  room,  w^ho  shall,  as  soon  as  may  be,  in  like  manner, 
fill  up  any  vacancies  that  may  happen  in  the  council,  by  death,  resig- 
nation or  otherwise.  Ko  person  shall  be  elected  a  councillor  who  has 
not  been  an  inliabitant  of  this  Commonwealth  for  the  term  of  five  years 
immediately  preceding  his  election  ;  and  not  more  than  one  councillor 
shall  be  choseu  from  any  one  senatorial  district  in  the  Common- 
wealth.] 

Freeho'd  as  a         No  possessioii  of  a  freehold,  or  of  any  other  estate,  shall 
required.  be  required  as  a  qualification  for  holding  a  seat  in  either 

branch  of  the  general  court,  or  in  the  executive  council. 

Elections  by  the      Art.  XIV.     lu  all  electious  of  civil  officers  by  the  peo- 

people  to  be  by  •^  *■ 

plurality  of  pie  of  this  Comnionwealth,  whose  election  is  provided  for 
by  the  constitution,  the  person  having  the  highest  number 
of  votes  shall  be  deemed  and  declared  to  be  elected. 

Timej)f  annual  Aet.  XV.  The  meeting  for  the  choice  of  governor, 
enior  and  legis-  lieutcnant-governor,  senators  and  representatives,  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  Novem- 
ber, annually ;  but  in  case  of  a  failure  to  elect  representa- 
tives on  that  day,  a  second  meeting  shall  be  holden,  for 
that  purpose,  on  the  fourth  Monday  of  the  same  month  of 
November. 


Eight  council- 
lors to  be  chosen 
by  the  people. 

Legislature  to 
district  State. 


Art.  XVI.  Eight  councillors  shall  be  annually  chosen 
by  the  inhabitants  of  this  Commonwealth,  qualified  to  vote 
for  governor.  The  election  of  councillors  shall  be  deter- 
mined l)y  the  same  rule  that  is  required  in  the  election  of 
governor.  The  legislature,  at  its  first  session  after  this 
amendment  shall  have  been  adopted,  and  at  its  first  session 
after  the  next  State  census  shall  have  been  taken,  and  at 
its  first  session  after  each  decennial  State  census  there- 
afterwards,  shall  divide  the  Commonwealth  into  eight  dis- 
tricts of  contiguous  territory,  each  containing  a  number  of 


COMMONWEALTH  OF  MASSACHUSETTS.  39 

inhabitants  as  nearly  equal  as  practicable,  without  dividing 
any  town  or  ward  of  a  city,  and  each  entitled  to  elect  one 
councillor :  provided,  hoicever,  that  if,  at  any  time,  the 
constitution  shall  provide  for  the  division  of  the  Common- 
wealth into  forty  senatorial  districts,  then  the  legislature 
shall  so  arrange  the  councillor  districts,  that  each  district 
shall  consist  of  five  contiguous  senatorial  districts,  as  they 
shall  be,  from  time  to  time,  established  by  the  legislature.  Eligibility  de. 
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  Dayandmanner 
day  and  manner  of  the  election,  the  return  of  the  votes,  <>^«'^'=^'°°'^c- 
and  the  declaration  of  the  said  elections,  shall  be  the  same 
as  are  required  in  the  election  of  governor.  Whenever  vacancies,  how 
there  shall  be  a  failure  to  elect  the  full  number  of  council-  ^'^^' 
lors,  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  other- 
wise, shall  be  filled  in  like  manner,  as  soon  as  may  be, 
after  such  vacancies  shall  have  happened.  And  that  there  organization  of 
may  be  no  delay  in  the  organization  of  the  government  on  ^^^  goverument. 
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  January, 
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. 


BCC- 


Art.  XVII.    The  secretary,  treasurer  and  receiver-gen-  Election  of 
eral,  auditor,  and  attorney-general,  shall  be  chosen  annu-  erraTditr/and 
ally,  on  the  day  in  November  prescribed  for  the  choice  of  attorney-gener- 

J  •>  J  -1     '^       1  111  1     al  by  the  people. 

governor  ;  and  each  person  then  chosen  as  such,  duly  qual- 
ified in  other  respects,  shall  hold  his  office  for  the  term  of 
one  year  from  the  third  Wednesday  in  January  next  there- 
after, 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, 


40  CONSTITUTION  OF  THE 

Vacancies,  how  sliall  be  siicli  Rs  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 
chosen  on  or  before  the  third  Wednesday  in  January  next 
thereafter,  from  the  two  persons  who  had  the  highest  num- 
ber of  votes  for  said  offices  on  the  day  in  November  afore- 
said, by  joint  ballot  of  the  senators  and  representatives,  in 
one  room  ;  and  in  case  the  office  of  secretary,  or  treasurer 
and  receiver-general,  or  auditor,  or  attorney-general,  shall 
become  vacant,  from  any  cause,  during  an  annual  or  special 
session  of  the  general  court,  such  vacancy  shall  in  like 
manner  be  filled  by  choice  from  the  people  at  large  ;  but  if 
such  vacancy  shall  occur  at  any  other  time,  it  shall  be  sup- 
plied by  the  governor  by  appointment,  with  the  advice  and 
consent  of  the  council.     The  person  so   chosen    or    ap- 
pointed, duly  qualified  in  other  respects,  shall  hold  his 
office  until  his  successor  is  chosen  and  duly  qualified  in  his 
To  qualify  with-  stcad.     Li  case  any  person  chosen  or  appointed  to  either 
o'therwise  office  ^^  ^^^  officcs  aforcsaid,  shall  neglect,  for  the  space  of  ten 
to  be  deemed  va.  days  after  he  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 
Qualification      appointed  shall  be  deemed  vacant.     No  person  shall  be 
requisite.  eligfible  to  either  of  said  offices  unless  he  shall  have  been 

an  inhabitant  of  this  Commonwealth  five  years  next  pre- 
ceding his  election  or  appointment. 

School  moneys  Art.  XVIII.  All  moucj^s  raiscd  by  taxation  in  the 
piiU°fors?cta.  towns  and  cities  for  the  support  of  public  schools,  and  all 
rian  schools.  moneys  which  may  be  appropriated  by  the  State  for  the 
support  of  common  schools,  shall  be  applied  to,  and  ex- 
pended in,  no  other  schools  than  those  which  are  conducted 
according  to  law,  under  the  order  and  superintendence  of 
the  authorities  of  the  town  or  city  in  w'hich  the  money  is 
to  be  expended ;  and  such  moneys  shall  never  be  appro- 
priated to  any  religious  sect  for  the  maintenance,  exclu- 
sively, of  its  own  school. 

Legislature  to  Aet.  XIX.  The  legislature  shall  prescribe,  by  general 
Souof°sVeV.  law,  for  the  election  of  sherifis,  registers  of  probate,  com- 
^TObatf''&rb^  missioners  of  insolvency,  and  clerks  of  the  courts,  by  the 
the  people.  ■'  people  of  the  several  counties,  and  that  district-attornej^s 
shall  be  chosen  by  the  people  of  the  several  districts,  for 
such  term  of  office  as  the  legislature  shall  prescribe. 


COMMONWEALTH  OF  IMASSACHUSETTS.  41 

Akt.  XX.     No  person  shall  have  the  right  to  vote,  or  Readingconsti- 
be  eligible  to  ofSee  under  the  constitution  of  this  Common-  and  writing, 
wealth,  who  shall  not  be  able  to  read  the  constitution  in  the  ecauona^f^vo. 
English  language  and  write  his  name  :  provided^  however.  Proviso. 
that  the  provisions  of  this  amendment  shall  not  apply  to 
any  person  prevented  by  a  physical  disability  from  com- 
plying 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. 

Aet.  XXI.     A  census  of  the  legal  voters  of  each  city  census  of  legai 
and  town,  on  the  first  day  of  jNIay,  shall  be  taken  and  re-  habitants,  when 
turned  into  the  office  of  the  secretary  of  the  Common-  **^^°'  ^°" 
wealth,  on  or  before  the  last  day  of  June,  in  the  year  one  see  General 

.1  i'ii.i  TT  1    nei.  T  i?  Stat,  chapter  20. 

thousand  eight  hundred  and  nity-seven ;  and  a  census  oi 
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  enume- 
ration 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  determine  the  apportionment 
of  representatives  for  the  periods  between  the  taking  of 
the  census. 

The  house  of  representatives  shall  consist  of  two  hun-  House  to  consist 
dred  and  forty  members,  which  shall  be  apportioned  by  reprcs^mativea' 
the  legislature,  at  its  first  session  after  the  return  of  each  tfoned^npon 
enumeration  as  aforesaid,  to  the  several  counties  of  the  tasisofiegai 
Commonwealth,  equally,  as  nearly  as  may  be,  according 
to  their  relative  numbers  of  legal  voters,  as  ascertained  by 
the  next  preceding  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  pro- 
vided, be  considered  a  part  of  the  county  of  Plymouth ; 
and  it  shall  be  the  duty  of  the  secretary  of  the  Common-  secretary  shaii 
wealth,  to  certifj^,  as  soon  as  may  be  after  it  is  determined  ceM^i^itho*ii!-cd 
by  the  legislature,  the  number  of  representatives  to  which 
each  county  shall  be  entitled,  to  the  board  authorized  to 
divide  each  county  into  representative  districts.  The  mayor  Meeting  for  divi. 
and  aldermen  of  the  city  of  Boston,  the  county  commis-  ^uesday^U'Iu- 
sioners  of  other  counties  than  Suffolk, — or  in  lieu  of  the  ^^'• 
mayor  and  aldermen  of  the  city  of  Boston,  or  of  tHe  county 
commissioners  in  each  county  other  than  Suffolk,  such  board 
of  special  commissioners  in  each  county,  to  be  elected  by 
6 


to  divide  coun- 
ties. 


42  CONSTITUTION  OF  THE 

the  people  of  the  county,  or  of  the  towns  therein,  as  may 
for  that  i:)urpose  be  provided  by  law,  shall,  on  the  first 
Tuesday  of  August  next  after  each  assignment  of  represen- 
tatives to  each  county,  assemble  at  a  shire  town  of  their 

Proceedings.  respective  couutics,  and  proceed  as  soon  as  may  be,  to  divide 
the  same  into  representative  districts  of  contiguous  terri- 
tory, 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 
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 

Qualifications  of  than  three  representatives.     Every  representative,  for  one 

rtpiLsen  ives.  y^^^  ^^  least  ucxt  preceding  his  election,  shall  have  been 
an  inhabitant  of  the  district  for  which  he  is  chosen,  and 
shall  cease  to  represent  such  district  when  he  shall  cease  to 

Districts  to  be    bc  au  inhabitant  of  the  Commonwealth.     The  districts  in 

numbered,  de-  ,  ini 

scribed  aud  cer-  cach  countv  shall  be  numbered  by  the  board  creatmo^  the 
same,  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  respec- 
tive offices.  The  manner  of  calling  and  conducting  the 
meetings  for  the  choice  of  representatives,  and  of  ascer- 
One  hundred  taiuiug  their  election,  shall  be  prescribed  by  law.  Not  less 
quorum.  thflu  ouc  liimdrcd  members  of  the  house  of  representatives 

shall  constitute  a  quorum  for  doing  business ;  but  a  less 
number  may  organize  temporarily,  adjourn  from  day  to 
day,  and  compel  the  attendance  of  absent  members. 

Census  of  voters      ^RT.  XXII.     A  ccusus  of  the  legal  voters  of  each  city 

and  inhabitants  t«-i«i  i  -t 

to  be  taken.       and  towu,  ou  the  first  day  of  May,  shall  be  taken  and  re- 
turned into  the  ofiice  of  the  secretary  of  the  Common- 
wealth, 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 
Voters  to  be      year  thereafter.     In  the  census  aforesaid,  a  special  cnumer- 
tioi^ent'of  sen-  atiou  shall  be  made  of  the  legal  voters,  and  in  each  city 
ators.  gr^j(j  enumeration  shall  specify  the  number  of  such  legal 

voters  aforesaid,  residing  in  each  ward  of  such  city.     The 
enumeration  aforesaid  shall  determine  the  apportionment  of 
senators  for  the  periods  between  the  taking  of  the  census. 
Senate  to  consist  The  scuatc  sliall  cousist  of  forty  members.     The  general 

of  40  members.  *^ 


COMMONWEALTH  OF  MASSACHUSETTS.  43 

court  shall,  at  its  first  session  after  each  next  preceding  senatorial  dia. 
special  enumeration,  divide  the  Commonwealth  into  forty  "''"'  ^'^" 
districts  of  adjacent  territory,  each  district  to  contain,  as 
nearly  as  may  be,  an  equal  number  of  legal  voters,  accord- 
ing to  the  enumeration  aforesaid ;  provided,  hoicever,  that  Proviso. 
no  town  or  ward  of  a  city  shall  be  divided  therefor ;  and 
such  districts  shall  be  formed,  as  nearly  as  may  be,  with- 
out uniting  two  counties,  or  parts  of  two  or  more  counties, 
into  one  district.     Each  district  shall  elect  one  senator.  Qualifications  of 
who  shall  have  been  an  inhabitant  of  this  Commonwealth  ^^°^*°''^- 
five  years  at  least  immediately  preceding  his  election,  and 
at  the  time  of  his  election  shall  be  an  inhabitant  of  the  dis- 
trict for  which  he  is  chosen ;  and  he  shall  cease  to  repre- 
sent such  senatorial  district  when  he  shall  cease  to  be  an 
inhabitant  of  the  Commonwealth.     Not  less  than  sixteen  sixteen  mem. 
senators  shall  constitute  a  quorum  for  doing  business ;  but  ^^'^ "  luorum. 
a  less  number  may  organize  temporarily,  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members. 

[Art.  XXIII.     No  person  of  foreign  birth  shall  be  entitled  to  vote,  Residence  of 
or  shall  be  eligible  to  office,  unless  he  shall  have  resided  within  the  *uircd  of^naVu 
jurisdiction  of  the  United  States  for  two  years  subsequent  to  his  natu-  raiized  citizen^ 
ralization,  and  shall  be  otherwise  qualified,  according  to  the  constitu-  to  entitle  to  euf- 
tion  and  laws  of  this  Commonwealth  :  provided,  that  this  amendment  e^ffibie'tooffice. 
shall  not  affect  the  rights  which  any  person  of  foreign  birth  possessed  SeeamenOmenti 
at  the  time  of  the  adoption  thereof;  and,  provided,  further,  that  it  shall  ^^  xxvi. 
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  J^ate"^^^*''^ 
by  election  by  the  people  of  the  unrepresented  district, 
upon  the' order  of  a  majority  of  senators  elected. 

Aet.  XXV.  In  case  of  a  vacancy  in  the  council,  from  vacancieflinthe 
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 
happeu  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. 

Aet.  XXVI.     The  twenty-third  article  of  the  articles  of  Twenty-third 
amendment  of  the  constitution  of  this  Commonwealth,  which  ments'^^^auiieV 
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 


44:  CONSTITUTION  OF  THE 

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  afiect  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. 


THE    FRAMING    AND    POPULAR   ADOPTION    OF    THE 
CONSTIUTION. 

The  Constitution  of  Massachusetts  was  agreed  upon  by  delegates  of 
the  peoi^le,  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  adojited  by  them,  provided  two- 
thirds  of  the  votes  given  should  be  in  the  afiirmative.  When  the  con- 
vention 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  Wednesday  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- 
fiifth  day  of  October,  1780. 

ARTICLES  OF  MIENDI^IENT. 

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  rati- 
fied by  the  people.  May  11, 1831. 

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

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


COMMONWEALTH  OF  MASSACHUSETTS.  45 

The  thirteenth  Article  was  adopted  by  the  legislatures  of  the  jjoliti- 
cal  years  1839  and  1840,  and  was  approved  by  the  people,  the  sixth 
day  of  April,  1810. 

The  fourteenth,  fifteenth,  sixteenth,  seventeenth,  eighteenth  and 
nineteenth  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, 

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 
legislatures  of  the  political  years  1859  and  1860,  and  ratified  by  the 
people  on  the  seventh  day  of  May,  1860. 

Tlie  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. 


A. 

Page 

Adjutant-General,  how  appointed, 20 

Adjutants  of  Eegiments,  how  appointed, 20 

Affirmations.    See  Oaths  and  Affirmations. 

Agriculture,  Arts,  Commerce,  &c.,  encouragement  of,         ...  27 

Amendments  to  the  Constitution,  how  made, 34 

Apportionment  of  Councillors, 38,  39 

"  of  Representatives,        .....     15,  36,  37,  38,  41 

"  of  Senators, 12,37,42 

Armies,  Standing,  to  be  maintained  only  with  consent  of  Legislature,  7 

Arms,  Right  of  People  to  keep  and  bear, 7 

Articles  of  Amendment, •  32 

Attorney-General,  how  appointed, 20 

'•'  how  elected, 39,40 

"                Qualifications  of, 40 

"           .     Vacancy  in  Office  of,  how  filled,      ....  40 

Attorneys,  District,  how  chosen, 40 

Auditor,  how  chosen, 39 

"        Qualifications  of, 40 

"        Vacancy  in  Office  of,  how  filled, 40 

B. 

Bail  and  Sureties,  Excessive,  not  to  be  demanded,       ....  8 

Bills  and  Resolves,  to  be  laid  before  the  Governor  for  revisal,    .        .  10 
"                "        to  have  the  force  of  law,  unless  returned  within 

five  days, 10 

"                "        to  be  void  when  not  returned,  if  Legislature  ad- 
journs within  five  days,        32 

"  "        whenvetoed,maybepassedby  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, 30 


48 


INDEX. 


C. 

Page 

Census  of  Inhabitants,  when  and  how  taken, 37,  41 

"        of  Legal  Voters,  when  and  how  taken, 36,41 

"        of  Eatable  Polls,  when  and  how  taken, 36 

Cities,  General  Court  empowered  to  charter, 32 

Civil  and  Military  Officers,  duties  of,  to  be  prescribed  by  Legislature,  11 
Commander-in-Chief.     See  Governor. 

Commerce,  Manufactures,  Arts,  &c.,  encouragement  of,     .        .        .  27 

Commissary-General,  when  and  how  nominated,  &c.,         ...  33 

"                "         to  make  Quarterly  Eeturns,        ....  21 

Commissioners  of  Insolvency,  how  chosen, 40 

Commission  Officers,  Tenure  of,  to  be  expressed  in  Commission,        .  25 

Commissions,  how  made,  signed,  countersigned,  and  sealed,       .        .  30 

Congress,  Delegates  to,  how  chosen  and  commissioned,       ...  25 

"               "         may  be  recalled,  and  others  commissioned,          .  25 

"           what  Offices  may  not  be  held  by  members  of,   .        ,        .  34 

Constitution,  Amendments  to,  how  made,     ......  34 

"            Revision  of  in  1795,  provided  for, 31 

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

printed  with  the  laws, 31 

Coroners,  how  appelated, 20 

Corruption.    See  Bribery. 

Council,  and  the  manner  of  settling  Elections  by  the  Legislature,     .  23 

"        may  exercise  powers  of  Executive,  when,  &c.,       ...  23 

"        Members  of,  number,  and  how  chosen, 23,  38 

**        Members  of,  to  be  sworn  in  presence  of  both  Houses,    .        .  28 

"        Powers  and  Quorum  of, 23 

"        Rank  and  Qualifications  of  Members  of, 23,  38 

"        Register  of,  subject  to  the  call  of  either  House,      ...        .  23 

"        Resolutions  and  Advice  of,  to  be  recorded,      ....  23 

"        Vacancies  in,  how  filled, 39,  43 

Court,  Superior,  Judges  of,  prohibited  from  holding  other  Offices,     .  34 

"       Supreme  Judicial,  Judges  of,  Tenure  of  Office,  and  Salary,     .  9,  22 

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

"      Clerks  of,  how  chosen, 40 

"      of  Probate.    See  Probate. 

"      of  Record  and  Judicatories,  the  General  Court  may  establish,  10 

Crimes  and  Offences,  Prosecutions  for,  regulated,        ....  6,  7 


D. 

Debate,  Freedom  of,  in  Legislature,  affirmed, 8 

Declaration  of  Rights, 4 

Delegates  to  Congress,  how  chosen, 25 

"                  "           may  be  recalled,  and  others  commissioned,    .  25 

District- Attorney 8,  how  chosen, 40 

Districts,  Councillor,  how  established  and  arranged,  ...        12,  38,  39 

Districts,  Representative,  how  formed, 41 

"                  "                 Towns  may  unite  in, 36,37 


INDEX.  49 

Pago 

Districts,  Senatorial,  how  established  and  arranged,  .        .        .12,  37,  42,  43 

Divorce  and  Alimony,  causes  of,  how  determined,        ....  25 

Duties  of  CiTil  and  Military  Officers,  to  be  prescribed  by  Legislature,  11 

E. 

Elections,  by  Legislature,  Order  and  adjournment  of,         •        .        •  24 

"         by  the  People,  Plurality  of  votes  to  prevail  in,    .        .        .  38 

"         Freedom  of,  affirmed,     ........  6 

Election  Returns,  by  whom  examined,  &c., 13,  39 

Enacting  Style,  established, 30 

Encouragement  of  Literature, •        .        •  27 

Enrolment.    See  Constitution. 

Equality  and  Natural  Eights  recognized,      .        ,       »        »        »        m  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.,        ....  11 

"           "      may  provide  for  the  establishing  of  CivU  Officers,       .  10,  11 

"           "      may  prescribe  the  duties  of  Civil  and  Military  Officers,  11 

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

"           "      may  constitute  Judicatories  and  Courts  of  Record,     .  10 

"            "      may  charter  Cities, 32 

"            "      may  be  prorogued  by  Governor  and  CouncU,       .        ,  18 
"           "      when  to  assemble,  and  when  to  be  dissolved,      .          9,  18,  35 

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,  28,  35 

"          Salary  of, 21 

"  when  and  how  chosen, 17,  31,  35,  38 

«          Official  Title  of, 17 

"          to  be  sworn  in  presence  of  both  Houses,       ....  28 
"          the  holding  of  other  Offices  by,  prohibited,          .        .        .28,  34 

"         to  be  Commander-in-Chief  of  Military  Forces  of  State,      .  19 
7 


50  INDEX. 

Page 

Governor  may  call  Councillors  together  at  his  discretion,  ...  18 

"          and  Council,  may  pardon  offences,  after  Conviction,         .  20 

"          shall  sign  such  Bills  and  Eesolves  as  he  approves,     .        .  9 

"          shall  return  such  Bills  and  Eesolves  as  he  does  not  approve,  9,  10 

"          and  Council  may  prorogue  the  Legislature,        ...  18 
"                     "       shall  examine  Election  Returns,     .       .       .13, 39 

H. 

Mabeas  Corpus,  benefit  of,  secured, •  31 

"           "        not  to  be  suspended  more  than  twelve  months,  .        .  31 

Harvard  College,  Powers,  Privileges,  Grants,  &c.,  confirmed  to,        .  26 

"           "         who  shall  be  overseer  of, 27 

"           "         Government  of,  may  be  altered  by  Legislature,      .  27 

House  of  Representatives, 15 

"                      "               Members  of,  how  apportioned  and  chosen,  15, 16 

35,  36,  37,  41,  42 
"  "  '    qualifications  of  Members  of,      .        .  15, 38, 41,  42 

"  "  qualifications  of  Voters  for  Members  of,    15,  32,  40 

^'  "  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  dis- 
respect, &c., 16 

"  "  may  try  and  determine  all  cases  involving 

its  Eights  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, 16,42 

"  "  Members  of,  exempt  from  arrest  on  Mean 

Process, 16 

"                      "               Towns  may  be  fined  for  neglecting  to  re- 
turn Members  to, 15 

"  "  Travelling  Expenses  of  Members  of,  how 

paid, 16 

"  "  Oaths  or  Affirmations  of  Members  of,  how 

taken  and  subscribed  to,       .       .       .  29,  33 


I. 

Impeachment,  Limitation  of  Sentence  for. 
Impeachments,  how  made  and  tried. 
Incompatible  Offices,  enumeration  of,    . 
"  Inhabitant,"  word  defined,    . 
Inhabitants,  Census  of,  when  taken. 
Insolvency,  Commissioners  of,  how  chosen, 


15 
15,16 
29,34 

12 
36,41 

40 


INDEX.  51 

Page 
Instruction  of  Representatives  and  Petition  to  Legislature,  Eights  of, 

afSrmed, 7 

J. 

Judicatories  and  Courts  of  Eecord,  Legislature  may  establish,  .        .  10 
"                "                ^  "         may  administer  Oaths  and  Affir- 
mations,        10 

Judicial  Department,  not  to  exercise  Legislative  or  Executive  Powers,  9 

"      Officers,  how  appointed, 20 

"           "        to  hold  Office  during  good  behavior,  except,  &c.,    .  25 

"           "        may  be  remove'd  on  Address  of  Legislature,      .        .  25 

Judiciary  Power, 24 

Judges  of  Courts,  what  other  Offices  may  not  be  held  by,  ...  34 

Judges  of  Probate,  shall  hold  Courts  on  fixed  days,  &c.,     ...  25 

"                "        Appeals  from,  how  heard  and  determined,     .        .  25 

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

Jury,  Right  of  Trial  by,  secured, 7 

Justices  of  the  Peace,  Tenure  of  Office  of, 25 

"  "  Commissions  of,  may  be  renewed,  ...  25 
"  Supreme  Judicial  Court,  Tenure  of  Office,  and  Salaries  of,  8,  22,  25 
"  "  "  "  what  other  Offices  may  not  be  held,  29,  34 
"           "             "           "       Opinions  of,  may  be  required  by 

Executive  or  either  branch  of  Legislature,         ....  25 

L. 

Law-Martial,  Persons  not  in  Army  or  Navy,  or  Actual  ^lilitia  Service, 

not  to  be  subject  to,  but  by  authority  of  Legislature,  ...  8 
Laws,  every  Person  to  have  remedy  in,  for  injury  to  Person  or  Prop- 
erty,       6 

"    Ex  Post  Facto,  unjust  and  inconsistent  with  Free  Government,  8 
"    not  repugnant  to  Constitution,  Legislature  may  make,      .        .  11 
"    of  Province,  Colony  or  State  of  Massachusetts  Bay,  not  repug- 
nant to  Constitution,  continued  in  force,          ....  30 

"    power  of  suspending,  only  in  Legislature, 8 

Legal  Voters,  Census  of,  to  be  taken  for  representative  apportion- 
ment,   ■       .        .  36,  37,  41,  42 

Legislative  Department,  not  to  exercise  Executive  or  Judicial  Powers,  9 

"          Power, 9 

Legislature.    See  General  Court. 

Lieutenant-Governor, 22 

when  and  how  chosen,        ...  22,  32,  34,  38 

official  title  of, 22 

qualifications  of, 22 

powers  and  duties  of, 23 

to  be  sworn  in  presence  of  both  Houses,  .       .  29 

Literature,  Encouragement  of, 27 


52  INDEX. 

M. 

Page 

Magistrates  and  officers,  accountability  of,  .        .        .        .        .        .  5 

Major-Generals,  how  appointed  and  commissioned,     ....  20 

Martial  Law,  persons  not  in  the  Army,  Navy,  or  actual  Militia  service, 

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,  33 

"           "        how  removed,         .        .       " 20,33 

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

confirmed, 20 

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

Money,  how  drawn  from  the  Treasury, 21 

"      value  of,  how  computed, 30 

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

Religious  sects, 40 

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

N. 

Notaries  Public,  how  chosen, 24 

"           "       how  appointed,  Tenure  of  Office,  &c.,       .       .       •  33 

o. 

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

«                  "               Official,  Forms  of, 28,  33 

"  "  how  and  by  whom  taken  and  subscribed,    28,  29,  33 

Oaths,  Affirmations  substituted,  in  behalf  of  Quakers,        .        .        .29,  33 
Offences.    See  Crimes  and  Offences. 

Office,  Eight  of  People  to  secure  Rotation  in, 5,  ^ 

"      Equal  Eight  of  all  to,  affirmed, 6 

"      no  person  eligible  to,  who  cannot  read  and  write,    ...  40 

Offices,  certain,  incompatibility  of, 29,  34 

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

of, 10 

"        Civil  and  Military,  duties  of  to  be  prescribed  by  Legislature,  11 
"           "                  "        holding  under  Government  of  Massachu- 
setts Bay,  continued  in  office, 30 

Officers  and  Magistrates,  accountability  of, 5 

Officers,  Militia,  how  elected  and  commissioned, 20,  33 

"             "        how  removed, 20, 33 

Offices,  Militia,  vacancies  in,  how  filled, 20 

"      Incompatible, 29,34 

"      Plurality  of,  prohibited  to  Governor,  Lieutenant-Governor, 

and  Judges, 29,  34 


INDEX.  63 
P. 

Page 

Pardon,  Power  of,  vested  in  Governor  and  Council,     ....  20 

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, 38 

Political  Year,  when  to  begin  and  end,  .        f 34,  35 

Polls,  Ratable,  Census  of,  when  taken, 36 

Power,  Executive,    .        .        .      * 17, 18 

"      Judiciary, 24 

"      Legislative, 9 

Press,  Liberty  of,  essential  to  Freedom, 7 

Probate,  Judges  of,  shall  hold  Courts  on  fixed  days,  &c.,   ...  25 

"           "        Appeals  from,  how  heard  and  determined,        .        .  25 

"           "        what  other  Offices  may  not  be  held  by,    ...  34 

"        Registers  of,  how  appointed,  . 20 

"               "        Election  of,  to  be  prescribed, 40 

Property,  Private,  not  to  be  taken  for  Public  Uses  without  Compen- 
sation,           6 

Property  Qualification  for  Office,  may  be  increased  by  Legislature,  .  30 

"                  "                    "        partiaUy  abolished,         ...  38 

Prosecutions,  for  Crimes  and  Offences,  proceedings  in  regulated,       .  6 
Public  Boards  and  Officers,  Returns  of,  how,  when  and  to  whom 

made, 21 

"      Officers,  Right  of  People  with  reference  to,      ...        .  5 

"      Services,  the  only  Title  to  particular  and  exclusive  Privileges,  5 

"      Worship,  the  Right  and  Duty  of, 4 

"             "        Legislature  may  require  provision  for,      ...  4 

Punishments,  Cruel  and  Unusual,  prohibited, 8 


Q. 

Quakers,  Affirmation  of,  as  Public  Officers, 29,  33 

Qualifications  of  Governor, 17,  40 

"  of  Lieutenant-  Governor, 22,  40 

«  of  Councniors, .        .         38,  39,  40 

«  of  Senators, 14,37,39,42,43 

"  of  Representatives, 15,  39,  42 

"  of  Secretary,  Treasurer,  Auditor  and  Attorney-General,  40 

"  of  Voters, 12,15,32,41,43 

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

Qualification,  Property,  may  be  increased, 30 

"  "         partial  abolition  of, 38 

Quorum  of  CouncU, 18,  24 

"      of  House,     . 16,  42 

«      of  Senate, 14,43 


54  INDEX. 

R. 

Page 

BataMe  Polls,  Census  of,  when  taken, 36 

"  "     Towns  having  less  than  300,  how  represented,     .        .  36 

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

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

Office, 41 

Register  of  CouncU,  to  he  kept,  subject  to  the  call  of  either  House,  23 

Registers  of  Probate.    See  Probate. 

Religious  Denominations,  equ^i  protection  secured  to  all,  .  .  .  5,  35 
"  Societies,  Eight  of,  to  elect  their  own  Pastors,  &c.,  .  .  5, 36 
"  "         persons  belonging  to,  Membership  defined, .        .  36 

Representation,  in  Council,  basis  of, 38 

«  in  House, 15,36,37,38,41 

"  in  Senate, 11,37,42 

Representatives.    See  House  of  Representatives. 

Returns,  Quarterly,  how  and  by  whom  to  be  made,     ....  21 

Returns  of  Votes,  by  whom  made,  examined,  «fcc.,       .        .        .        12,13,18 

Revision  of  Constitution.    See  Constitution. 

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


s. 

Salaries,  of  Judges  of  Supreme  Coiirt, 8,  22 

Salary,  of  Governor, 22 

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,  &g., 24 

Secretary  of  the  Commonwealth,  how  chosen, 24,  39 

"               "               "                qualifications  of,       ...        .  40 

"               "               "                Duties  of, 24,40 

"               "               "                may  appoint  Deputies,  «fec.,    .        .  24 

"               "               "                vacancy  in  Office  of,  how  filled,      .  33,  40 

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

Self-government,  Right  of,  asserted, 5 

Senate, 11 

"    Members  of,  number,  and  how  chosen,        .        .        .    11,12,32,37,41 

"  "         qualifications  of, 14,  38, 43 

Senate,  Members  shall  be  sworn  preliminary  to  trial  of  Impeachment,  14 

"             "         exempt  from  arrest  on  Mean  Process,         ...  16 

"        Quorum  of, 14,  43 

"        vacancies  in,  how  filled, 14,  43 

"        to  be  final  judge  of  elections  of  its  own  Members,    ...  13 

"        not  to  adjourn  more  than  two  days, 14 

"        shall  choose  its  own  officers,  and  establish  its  own  Rules,      .  14 

"        shall  try  Imiieachments, 14 

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

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


INDEX.  55 

Page 
Senators,  apportionment  of, 11,  37,  43 

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

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

Sheriffs,  how  appointed, 19 

"         how  elected, 39 

Soldier,  not  to  be  quartered  in  any  house  without  consent  of  owner,  8 

Solicitor-General,  how  appointed, 20 

Standing  Armies,  without  consent  of  Legislature,  prohibited,    .        .  7 

Supreme  Being,  the  Public  Worship  of,  a  Eight  and  Duty,  &c.,        .  4 

"        Judicial  Court,  Tenure  of  Office  and  Salaries  of  Judges  of,  8,  22 

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, 6,  8 

Taxes,  Excises,  «S:c.,  Legislature  may  impose, 11 

Tax,  State  or  County,  payment  of,  as  qualification  of  Voter,      .        .  13,  32 

Tests,  EeUgious,  abolished, 33 

Title,  of  Governor, 17 

"      of  Lieutenant-Governor, 22 

Town  Meetings,  Selectmen  to  preside  at, 12 

Towns,  having  less  than  300  Ratable  Polls,  how  represented,     .        .  36 

"         having  less  than  150  Eatable  PoUs,  how  represented,    .        .  15 

"         may  unite  in  Eepresentative  District,       .        .        .        .        .36,  37 

Travel,  Expenses  of,  to  and  from  the  General  Court,  how  paid, .        .  15 

Treason  and  Felony,  Legislature  not  to  convict  of,      ...        .  ^8 

Treasurer  and  Eeceiver-General,  how  chosen, 24,  39 

"                             "                 qualification  of,         ....  40 

"                             "                 eligibility  limited  to  five  years,       .  24 

"                             "                 vacancy  in  Office  of,  how  filled,      .  33,  40 

Trial,  by  Jury,  Eight  of,  secured, 6,  7 


u. 

University  at  Cambridge,  &c., 26 

V. 

Vacancies  in  Council,  how  filled, 39,  43 

"         in  Mmtia  Offices,  how  fiUed, 20 

"         in  Oflices  of  Secretary,  Treasurer,  Auditor  and  Attorney- 
General,  how  filled, 33,  40 

"         in  Senate,  how  filled, 14 

Valuation  of  Estates,  when  taken,          .......  11 

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

Vote,  no  person  entitled  to,  who  cannot  read  and  write,     ...  41 


66  INDEX. 

Page 
Voters,  Legal,  Census  of,  wlieii  taken, 41,  42 

"        qualifications  of, 12, 15,  32,  41,  43 

Votes,  all  Civil  Officers  to  be  elected  by  a  plurality  of,        .        .        .  38 

"      Eeturns  of,  by  whom  made,  examined,  «fcc.,        .        .        ,12, 13, 17,  39 

w. 

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

Writs,  how  made,  issued,  &c., 30 

Y. 

Year,  Political,  when  to  begin  and  end, 34 


dl^neral  ^tatut^s  aiul  ^^m\  gleets 


MASSACHUSETTS. 


1  S  7  3 . 


S^The  General  Coivrt  of  1873  assembled  on  Wednesday,  the  first  day 
of  January.  The  oaths  of  office  required  by  the  Constitution  to  he 
administered  to  the  Governor  and  Lieutenant-Governor  elect,  were  taken 
and  subscribed  by  His  Excellency  William  B,  Washburn  and  His 
Honor  Thomas  Talbot,  on  Thursday,  the  second  day  of  January,  in  the 
presence* of  the  tvro  Houses  assembled  in  convention. 


ACTS, 

GENERAL    AND    SPECIAL. 


An  Act  to  change  the  name  of  the  hinklet  and  williams  ri}.f,m     1 

WORKS.  ^iiajJ.    X. 

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

Section  1.     Tlie  corporate  name  of  the  Hinkley  and  J^'7if/^f"|iey 
Williams  Works,  a  corporation  having  its  usual  place  of  Locomotive 
business  at  Boston,  is  changed  to  "The  Hinkley  Loco- 
motive Works." 

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

App7'oved  January  28, 1873. " 


CJiap.  2. 


An  Act  to  amend  the  twenty-sixth  chapter  of  the  general 
statutes,   relating   to    the    preservation    of   the    public 
health. 
Be  it  enacted,  &c.,  asfollorvs: 

Section.   1.     Section  fourteen  of   chapter  twenty-six  Amendment  to 
of  the  General  Statutes  is  hereby  amended  to   read  as  ^'  ^"  ^'^'  ^  ^^" 
follows ;.    When   the  board   thinks   it   necessary   for  the  Board  may 
preservation  of  the  lives  or  health  of  the  inhabitants,  to  iTtl&ulnTillo 
enter   any  land,   building,  premises  or  vessel  within  its  Jjesr&l*"^'^ 
town,  for  the  purpose  of  examining  into  and  destroying, 
removing  or  preventing  any  nuisance,  source  of  filth  or 
cause  of  sickness,  and  said  board  or  any  agent  thereof 
sent  for  that  purpose  shall  be  refused  such    entry,  any 
member  of  the  board  or  such  agent  may  make  complaint 
under  oath  to  any  justice  of  any  court  of  record  or  to  two 
justices  of  the  peace   of  the  county,  stating  the  tacts  of 
the   case   so  far  as  he  has  knowledge  thereof,  and  said  warrantmay 
justice  or  justices  may  thereupon  issue  a  warrant,  directed 
to  the  sheriff  or  any  of  his  deputies,  to  such  agent  of  the 
board,  or  to  any  constable  of  such  town,  commanding  him 


478 


1873.— Chapters  3,  4,  5. 


Nuisance  may 
be  abated. 


Amendment  to 
G.  S.  26,  §  45. 


Penalty. 


to  take  sufficient  aid,  and  at  any  reasonable  time  repair  to 
the  place  where  such  nuisance,  source  of  filth  or  cause  of 
sickness  complained  of  may  be,  and  the  same  to  destroy, 
remove  or  prevent,  under  the  directions  of  said  board. 

Section  2.  Section  forty-five  of  said  chapter  is  here- 
by amended  by  adding  thereto  the  following :  And  who- 
ever obstructs  the  selectmen,  board  of  health  or  their 
agent,  in  using  such  means  to  prevent  the  spreading  of  the 
infection,  or  wilfully  removes,  obliterates,  defaces  or 
handles  the  red  flags  or  other  signals  so  displayed,  shall 
forfeit  for  each  offence  a  sum  not  less  than  ten  or  more 
than  one  hundred  dollars. 

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

Approved  January  28,  1873. 


Chap.    3.  An    Act  to 


Time  for  con- 
struetion  ex- 
tended. 


EXTEND    THE    TIME    FOR    THE    CONSTRUCTION   OF  THE 
MARBLEIIEAD  AND   LYNN  RAILROAD. 

Be  it  enacted,  <6c.,  as  follows: 

Section  1.  The  time  for  completing  the  construction 
of  the  Marblehead  and  Lynn  Railroad  is  extended  to  the 
fifth  day  of  May,  eighteen  hundred  seventy-four. 

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

Approved  January  28, 1873. 


ClldV.    4.  An  Act  to  authorize  the  erection  of  wooden  buildings  in 
^'       '  the  city  of  boston  for  sanitary  purposes. 


Boston  may 
erect  wooden 
buildings  for 
hospital  pur- 
poses. 


Proviso. 


Be  it  C7iacted,  &c.,  as  follows: 

Section  1.  The  city  of  Boston  is  hereby  authorized 
to  erect,  under  directions  of  its  board  of  health  and 
inspector  of  buildings,  any  wooden  buildings  within  the 
city,  for  hospital  purposes,  the  same  to  remain  only  so 
long  as  said  board  deems  it  necessary :  provided,  that 
every  such  hospital  shall  be  constantly  guarded  outside 
by  a  competent  force  of  at  least  three  of  the  police  of 
said  city. 

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

Approved  January  28,  1873. 


Chap. 


5.  An  Act  to  authorize  the  lowell  bleachery  to  contract 
for  mutual  insurance  with  other  corporations. 
Be  it  enacted,  &c.,  as  follows : 
Lowell  Bleach.  SECTION  1.  The  Lowcll  Blcacliery  may  contract  for 
trJcrfor  nmtuai  mutual  insuraiicc  with  the  associated  corporations  men- 
othircwpoi^  tioned  in  chapter  sixty-five  of  the  acts  of  the  year  eighteen 
tions.  hundred  and  fifty,  and  chapter  two  hundred  and  fifty-six 


1873.— Chapters  6,  7.  479 

of  the  acts  of  the  year  eighteen  hundred  and  seventy-one,  isso,  es. 
according  to  the  provisions  of   the  said  first  mentioned  is^i,  256. 
chapter. 

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

Ajjproved  January  28,  1873. 

An  Act  to  authorize  a  special  meeting  of  the  new  eng-  (JJidn     Q 

LAND  MORAL  REFORM   SOCIETY.  ^  ' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  A  special  meeting  of  the.  New  England  ^P°°'^*g  ^i^^™^ 
Moral  Reform  Society  may  be  called  by  M.  A.  R.  Clough, 
the  recording  seoi-etary  of  said  society,  by  publishing  a 
notice  of  tlie  time  and  place  of  holding  said  meeting  three 
times  in  each  of  three  daily  newspapers  printed  in  the 
city  of  Boston,  the  first  publication  to  be  at  least  five 
days  before  the  day  of  holding  said  meeting :  and  at  said 
meeting  the  said  society  may  act  upon  any  matters  speci- 
fied in  said  notice. 

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

Approved  January  30,  1873. 

An  Act  making  appropriations  for  the  maintenance  op  the  Qhn^y     7 

GOVERNMENT  FOR  THE  PRESENT  TEAR.    ,  I  '         ' 

Be  it  enacted,  &c.,  asfollotos: 

Section  1 .     The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
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-three,  to  wit : — 

SUPEEME   JUDICIAL   COURT. 

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

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

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

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

SUPERIOR   COURT. 

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


480 


1873.— Chaptee  7. 


ticeT'''^'' ^"^         For  the  salaries  of  the  nine  associate  justices  of  said 
court,  forty-five  thousand  dollars. 


Judge  for  Suf- 
folk. 

Middlesex. 


"Worcester. 


Essex. 


Norfolk. 


Bristol. 


Plymouth. 


Berkshire. 


Hampden. 


Hampshire. 


Franklin. 
Barnstable. 
Nantucket. 
Dukes  County. 


Register  for 
Suffolk. 


Middlesex. 


COURTS    OF   PROBATE   AXD   INSOLVENCY. 

For  the  salary  of  the  judge  of  probate  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  hundrM 
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  prol^ate  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  count}^  five  hundred  dollars. 

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

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


1873.— Chapter  7.  481 

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

For  the  salary  of  the  register  of  probate  and  insolvenc}^  Esses. 
for  the  county  of  Essex,  two  thousand  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency  isrorfoik. 
for  the  county    of  Norfolk,   one   thousand  five  hundred 
dolhn-s. 

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

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

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

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

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

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

For  the  salary  of  the  register  of  probate  and  insolvency  Barnstable. 
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  {gL^i.''/oi"s^fl^\^ 
insolvency  for  the  county  of  Suffolk,  one  thousand  five 
hundred  dollars. 

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

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

For  the  salary  of  the  assistant-register  of  prolmte  and  ^^^ex. 
insolvency  for  the  county  of  Essex,   one  thousand  five 
hundred  dollars. 

For  the  salary  of  the  assistant-register  of  prol^ate  and  Norfolk. 
insolvency  for  the  county  of  Norfolk,  one  thousand  one 
hundred  dollars. 


482 


1873.— Chapter  7. 


Expenses  of 
courts. 


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


Attorney  and 
clerk  for  Suf- 
folk. 


Assistant-attor- 
ney for  Suffolk. 

Attorney  for 
Eastern  district. 

Northern  dis- 
trict. 

Southern  dis- 
trict. 

Middle  district. 


South-eastern 
district. 


Western  dis- 
trict. 


North-western 
district. 


DISTRICT-ATTORNEYS . 

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

For  the  sahiry  of  the  assistant-attorney  for  the  Suffolk 
district,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  attorney  for  the  eastern  district, 
two  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  northern  district, 
two  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  southern  district, 
two  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  middle  district, 
two  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  south-eastern 
district,  two  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  western  district, 
two  thousand  dollars. 

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


Justice- 
Cambridge. 

Charlestown. 

Chelsea. 

Chicopee. 

Fall  River. 

Fitchburg. 

Gloucester. 

Haverhill. 

Holyoke. 


POLICE    COURTS. 

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

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

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

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

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

For  the  salary  of  the  justice  of  the  police  court  in 
Fitchburg,  one  thousand  three  hundred  dollars. 

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

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

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


1873.— Chapter  7.  483 

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  eight  hundred  dollars. 

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

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

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

For  the  salary  of  the  justice  of  the  police  court  in  Som-  somen-iue. 
erville,  one  thousand  two  hundred  dollars. 

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

For  the   salary'  of  the  justice  of  the  police   court  in  sprmgfieid. 
Springfield,  two  thousand  dollars. 

For  the  salary   of  the  justice   of  the   police   court  in  wnuamstown. 
Williamstown,  three  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  police  court  in  Cam-  cierk- 
bridge,  one  thousand  dollars.  '*™  "^^^' 

For  the  salary  of  the  clerk  of  the  police  court  in  Charles-  chariestown. 
town,  one  thousand  dollars. 

For  the  salary  of  the  clerk  of  the  police  court  in  Fall  ^'^^  ^i^^^. 
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-  Haverhui. 
hill,  eight  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  police  court  in  Law-  La-m-ence. 
rence,  one  thousand  dollars. 

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

For  the  salary  of  the  clerk  of  the  police  court  in  Lowell,  Loweu. 
one  thousand  two  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-  Newburypon. 
buryport,  six  hundred  dollars. 

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

For  the  salary  of  the  clerk  of  the  police  court  in  Spring-  Springfield. 
field,  one  thousand  dollars. 


484 


1873.— Chapter  7. 


Somerville. 


For  the  salary  of  the  clerk  of  the  police  court  in  Somer- 
ville, eight  hundred  dollars. 


Justices  in 
Boston. 


Clerk  for  crimi- 
nal business. 


.Justice  for 
Southern  dis- 
trict. 


Clerk. 


Assistant-clerk. 


Justice  of  Dor- 
chester district. 


Justice  in 
Taunton. 


MUNICIPAL    COURTS. 

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

For  the  salary  of  the  clerk  of  the  municipal  court  in 
Boston,  for  criminal  business,  two  thousand  live  hundred 
dollars. 

For  the  salary  of  the  justice  of  the  municipal  court  for 
the  southern  district  of  Boston,  two  thousand  five  hun- 
dred dollars. 

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

For  the  salary  of  the  assistant-clerk  of  the  municipal 
court  for  the  southern  district  of  Boston,  eight  hundred 
dollars. 

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

For  the  salary  of  the  justice  of  the  municipal  court  in 
Taunton,  one  thousand  two  hundred  dollars  ;  and  for  the 
salary  of  the  clerk  of  said  court,  eight  hundred  dollars. 


Justice — 
Central  Berk- 
shire. 

Northern  Berk- 
shire. 

Southern  Berk- 
shire. 

Southern  Wor- 
cester— First 
district. 

Second  district. 


'  Third  district. 


Eastern  Wor- 
cester— First 
district. 

Central  Wor- 
cester. 


DISTRICT   COURTS. 

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

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

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

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

For  the  salary  of  tlic  justice  of  the  first  district  court  of 
eastern  Worcester,  eight  hundred  dollars. 

For  the  salary  of  the  justice  of  the  central  district  court 
of  Worcester,  three  thousand  dollars. 


1873.— Chapter  8.  485 

For  the  salary  of  the  justice  of  the.  first  district  court  of  ^^^fe^"""  ^^'^■ 
northern  Middlesex,  one  thousand  dollars. 

For  the  salary  of  the  justice  of  the  district  court  of  east  East  Norfolk. 
Norfolk,  one  thousand  live  hundred  dollars. 

For  the  salary  of  the  justice  of  the  district  court  of  f^^f  ^™  ^^^^P" 
eastern  Hampden,  one  thousand  dollars. 

For  the  salary  of  the  clerk  of  the  district  court  for  ^lerk- 

•J        .  Tin  Central  Berk- 

ceiitral  Berkshire,  six  hundred  dollars.  swre. 

For  the  salary  of  the  clerk  of  the  district  court  for  icorthcm  Berk- 
northern  Berkshire,  eight  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  district  court  for  southern  Berk- 
southern  Berkshire,  three  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  central  district  court  Central  forces. 
of  Worcester,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  clerk  of  the  district  court  for  east  ^•'*^*  ^'orfoik. 
Norfolk,  five  hundred  dollars. 

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

Approved  January  30,  1873. 


Ax  Act  to  uxite  the  avest  amesbury  braxch  railroad  com- 

PAXV   of   Tins   STATE   WITH    THE   AVEST    AMESBURY    BRAXCH  RAIL 


^  Chap-   8. 

road   COMPAXY   of  XEW   HAMPSHIRE. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The   West    Amesbury    Branch    Railroad  ^anei^ln.'""^ 
Company  of  this  state,  at  a  meeting  duly  called  for  the  road  may  unite 
purpose,  may  b}"  vote    unite   with   the   West   Amesbury  Amesbury  ^ 
Branch  Railroad  Company  of  New  Hampshire,  and  form  Hampshire.  ^^ 
one  corporation  to  be  called  the  West  Amesbury  Branch 
Railroad  Company,  and  said  new  corporation  shall  have 
all  the  rights  and  powers  and  be  subject  to  all  the  duties 
and  liabilities  of  the  said  old  corporations. 

Section  2.     One  at  least  of  the  officers  of  said  new  one  officer  to 
corporation  shall  be  an  inhabitant  of  this  state,  on  whom  of  Mass.^"*^"^* 
processes  against  said  corporation  and  notices  to  the  same 
may  be  legally  served. 

Section  3.     The    said    new    corporation    shall    keep  separate 
separate  accounts  of  its  expenditures  and  receipts  in  each  lepun^each^^ 
state,    and   a    commissioner    shall   be    appointed    by   the  ^''**'^- 
governor,  to  hold  office  for  three  years,  and  to  be  paid  by  commissioners, 
said  corporation,  who,  together  with  such  commissioner, 
if  any,  as    may  be  appointed    by  the  governor  of  New 
Hampshire,    shall    decide    what    portion    of    the    whole 
expenditures    and   receipts   pertains  to  that  part  of   the 
road  lying  in  each  state ;    and  the  annual  reports  to  the  Annual  reports 
board   of  railroad  commissioners  of  this  state   shall  be 


486 


1873.— Chapters  9,  10. 


ChaV'    9.  An  Act  confikmin( 

■^  FROM  WELLFLEET 


Location  con- 
firmed. 


approved   by  the    said    commissioners    or   by  said  first 
mentioned  commissioner. 

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

Ap2:)roved  January  30,  1873. 

^Qr   THE  LOCATION  OF  THE  OLD  COLONY  RAILROAD 
^XEET  TO  PROVINCETOWN  AND  EXTENDING  THE  TIME 
FOR  THE  CONSTRUCTION  THEREOF,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  &c.,  asfollmvs: 

Section  1.  The  location  of  the  railroad  from  Well- 
fleet  to  Provincetown,  as  filed  with  the  county  commis- 
sioners of  Barnstable  County  on  the  twenty-eighth  day  of 
June  in  the  year  eighteen  hundred  and  seventy-two,  is 
approved  and  confirmed,  and  the  Old  Colony  Railroad 
Company  may  refile  the  said  location  upon  the  same  line, 
at  any  time  before  the  first  day  of  July,  in  the  year 
eighteen  hundred  and  seventy-three. 

Section  2.  The  time  within  which  said  railroad  must 
be  completed  is  extended  to  the  first  day  of  June,  in  the 
year  eighteen  hundred  and  seventy-four. 

Section  3.  The  Old  Colony  Railroad  Company  may 
issue  its  stock  to  an  amount  not  exceeding  two  hundred 
and  twenty-five  thousand  dollars,  to  subscribers  for  stock 
in  the  Cape  Cod  Railroad  Company  for  the  extension  from 
Wellfleet  to  Provincetown  in  accordance  with  the  pro- 
■^asions  of  such  subscriptions  and  the  terms  of  the  con- 
solidation under  the  provisions  of  chapter  one  hundred  and 
forty-three  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two. 

Section  4.     This  act  shall  take  efi'ect  upon  its  passage. 

Aiiproved  January  30,  1873. 

(JJiaV.lO.  An    Act    IN    ADDITION    TO    AN    ACT    MAKING    APPROPRIATIONS    FOR 
"'         '        THE    MAINTENANCE    OF   THE    GOVERNMENT    DURING    THE     PRESENT 
YEAR. 

Be  it  enacted,  &c.,  as  folloivs: 
AppropriationB.  SECTION  1.  The  suuis  hereinafter  mentioned  are  appro- 
priated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  unless  otherwise 
ordered,  for  the  purposes  specified,  to  meet  the  current 
expenses  of  the  year  ending  on  the  thirty-first  day  of 
December,  in  the  year  eighteen  hundred  and  seventy- 
three,  to  wit : — 


Time  for  com- 
pletion ex- 
tended. 


$225,000  addi- 
tional capital 
stock. 


Clerks  of  Son- 
ate  and  House. 


LEGISLATIVE    DEPAKTMENT. 

For  the  salaries  of  the  clerks  of  the  senate  and  house  of 


representatives,  five  thousand  dollars. 


1873.— Chapter  10.  487 

For  the  salary  of  the  serojeant-at-arms,  two  thousand  sergeant-at- 

•^  o  '  arms. 

five  hundred  dollars. 

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

EXECUTR^E    DEPARTMENT. 

For  the  compensation  and  mileage  of  the  lieutenant-  Lieut.-govemqr 
governor  and  council,  a  sum  not  exceeding  sixteen  thou- 
sand dollars. 

For  the  salary  of  the  private  secretary  of  the  governor,  Private  eecre- 
two  thousand  dollars.  ^^^' 

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

For  the  salary  of  the  assistant-messenger  of  the  governor  Assistant-meB- 
and  council,  eight  hundred  dollars.  senger. 

For   the    expenses    of    the    executive    department,    as  Department 
authorized  by  chapter  two  hundred  and  fifty  of  the  acts  of  ^^p®"**^^* 
the  year  eighteen  hundred  and  seventy,  a  sum  not  exceed- 
ing five  thousand  dollars. 

secretary's  DEPARTMENT. 

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

For   the    salary   of    the   first   clerk   in   the  secretary's  First  cierk. 
department,  two  thousand  dollars. 

For  the  salary  of  the  second  clerk  in  the  secretary's  second  cierk. 
department,  one  thousand  seven  hundred  dollars. 

For   the   salary   of   the   messenger   in   the    secretary's  Messenger. 
department,  one  thousand  two  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  secretary  Additional  eier. 

n     1  J.  T  /in.  Ai-  J   ical  assistance. 

may  find  necessary,  a  sum  not  exceedmg  iitteen  thousand 
dollars. 

treasurer's    DEPART3IENT. 

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

For   the    salary   of  the   first   clerk   in   the   treasurer's  First  cierk. 
department,  two  thousand  five  hundred  dollars. 

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

For  the  salary  of  the  first  assistant  clerk  in  the  treasur-  First  assistant 
er's  department,  two  thousand  dollars.  *'^"^* 


488 


1873.— Chapter  10. 


kafasslsuncl!^"  ^01'  such  additional  clerical  assistance  as  the  treasurer 
may  find  necessary,  a  sum  not  exceeding  three  thousand 
dollars. 


Deputy  tax 
commissioner. 


Fiirst  clerk. 


Second  clerk. 


Additional  cler- 
ical assistance. 


TAX    COMMISSIOXER'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, 
two  thousand  dollars. 

For  the  salary  of  the  second  clerk  of  the  tax  commis- 
sioner, one  thousand  five  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  tax  com- 
missioner and  the  commissioner  of  corporations  may  find 
necessary,  a  sum  not  exceeding  twelve  thousand  dollars. 


Auditor  of 
accounts. 


First  clerk. 


First  assistant 
clerk. 


Additional  cler- 
ical assistance. 


auditor's  department. 

For  the  salary  of  the  auditor  of  accounts,  three  thou- 
sand 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  first  assistant  clerk  in  the  auditor's 
department,  two  thousand- dollars. 

For  such  additional  clerical  assistance  as  the  auditor 
may  find  necessary,  a  sum  not  exceeding  three  thousand 
dollars. 


Attorney-gen- 
eral. 


Assistant  attor- 
ney-general. 


ATTORNEY-GENERALS    DEPARTMENT. 

For  the  salary  of  the  attorney-general,  three  thousand 
five  hundred  dollars. 

For  the  salary  of  the  assistant  attorney-general,  one 
thousand  eight  hundred  dollars. 


Savings  ■bank 
commissioner. 

Insurance  com- 
missioner. 

Deputy  insur- 
ance commis- 
sioner. 

Clerk. 


Additional  cler- 
ical assistance. 


C03HMISSIONERS,    ET   ALS. 

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

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

For  the  salary  of  the  deputy  insurance  commissioner, 
three  thousand  dollars. 

For  the  salar}'  of  the  clerk  of  the  insurance  commis- 
sioner, two  thousand  dollars. 

For  such  additional  clerical  assistance  as  the  insurance 


1873.— Chapter  10.  489 

commissioner  may  find  necesscaiy,  a  sum  not  exceeding 
four  thousand  five  hundred  doHars. 

The  fees  received  as  compensation  for  the  valuation  of  ^^^^^^oy^ij^'^a.^ 
life-policies,  are   hereby  appropriated,    to   be  applied  in  cics  bowap. 
accordance  with  the  provisions  of  chapter  four  hundred 
and  thirty-four  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine. 

For  the  salary  and  office  expenses  of  the  inspector  of  ^°gf^gt°!g°^ 
gasmeters,  three  thousand  dollars. 

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

I -I  Tin  missioners. 

thousand  dollars. 

For  the  salary  of  the  clerk  of  the  railroad  commis-  cieik. 
sioners,  two  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  state  board  of  ^oal'a  ofVelith. 
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;  chie'/and dep-*^' 
and  for  the  salary  of  his  deputy,  two  thousand  dollars.        "*^' 

For  the  compensation  of  other  clerical  services,  and  for  clerical  ser. 
expenses  of  the  bureau  of  statistics  on  the  subject  of  labor,  ^^'^^^' 
a  sum  not  exceedino-  five  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  board  of  prison  secretary  of 

J  .-I  T     T    11  prison  comrnis- 

commissioners,  two  thousand  dollars.  sioners. 

For  the  compensation  of  tlie  police  commissioners,    a  Poiice commis- 
sum  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  chief  constable. 
of  the  Commonwealth,  three  thousand   dollars ;    for    the 
salaries  of  the  deputy  constables,  a  sum  not  exceeding  Deputy  consta- 
one  hundred  eighteen  thousand  and  eight  hundred  dollars  ;  ^^^^' 
for  actual  travelling  expenses  paid  by  said  constables,  a  Travelling  ex. 
sum  not  exceeding  twenty-five  thousand  dollars.  penses. 

AGRICULTURAL    DEPARTMENT. 

For  the  salary  of  the  secretary  of  the  board  of  agri-  secretary  of 

t/  1/  o  board. 

culture,  two  thousand  five  hundred  dollars. 

For   the  salary  of  the  clerk  of   the  secretary  of  the  cierk. 
board  of  agriculture,  one  thousand  one  hundred  dollars. 

For  the  compensation  of  other  clerical  services  in  the  clerical  i 


.  ser- 


office  of  the  secretary  of  the  l)oard  of  agriculture,  and  for  turel'"'^  ^'^°' 
lectures  before  the  board  of  agriculture,  a  sum  not  exceed- 
ing four  hundred  dollars. 


490 


1873.— Chapter  10. 


BOARD    OF    STATE    CHARITIES. 

For  the  salary  of  the  secretary  of  the  board  of  state 
charities,  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  dollars. 

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

For  such  clerical  and  other  assistanc'e  as  the  general 

agent  of  the  board  of  state  charities  may  find  necessary, 

a  sum  not  exceeding  seven  thousand  five  hundred  dollars. 

Visiting  agent.        Yov  the  sakij  of  the  visiting  agent  of  the  board  of 

state  charities,  two  thousand  five  hundred  dollars. 

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

For  the  transportation  of  state  paupers,  to  be  expended 
by  the  agent  of  the  board  of  state  charities,  a  sum  not 
exceeding  ten  thousand  dollars,  and  any  additional  assist- 
ance 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. 


Clerical  assist- 
ance. 


General  agent. 


Clerical  and 
other  assistance. 


Clerical  and 
other  assistance. 


Transportation 
of  state  paupers. 


Proviso. 


Secretary. 


Salaries  and 
expenses  of 
agents. 


Assistant  libra- 
rian and  clerk. 


Additional  cler- 
leal  assistance. 


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  Mas- 
sachusetts 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 
six  thousand  dollars,  to  be  paid  from  the  moiety  of  the 
income  of  the  Massachusetts  school  fund,  applicable  to 
educational  purposes. 

For  the  salary  of  the  assistant  librarian  and  clerk  of  the 
board  of  education,  two  thousand  dollars. 

For  such  additional  clerical  assistance  in  the  state 
library  as  may  be  found  necessary,  a  sum  not  exceeding 
one  thousand  five  hundred  dollars. 


Adjutant-gen- 
eral. 


MILITARY    DEPARTMENT. 

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


1873.— Chapter  11.  491 

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

For  such  additional  clerical  assistance  as  the  adjutant-  Additional  cier- 
general   may  fiud  necessary,  a   sum  not   exceeding   five 
thousand  three  hundred  dollars. 

For   the    salary   of   the    surgeon-general,    a   sum    not  ^^"^'js'^^^-se"- 
exceeding  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-  Messenger. 
general's    bureau,    a   sum   not   exceeding    one   thousand 
dollars. 

For  the   compensation   of  the  employes   at  the   state  Employees  at 
arsenal  at  Cambridge,  a  sum  not  exceeding  two  thousand  ^"®°^i- 
seven  hundred  dollars. 

For  any  expenditure  necessary  to  carry  out  the  pro-  care  of  persons 
visions  of  chapter  one  hundred  and  sixty-two  of  the  acts  dileas^da* 
of  eighteen  hundred  and  sixty-five,  and  chapter  twelve  of  1^"^^"^^.^ '^^ ^^^ 
the  acts  of  eighteen  hundred  and  sixty-nine,  relating  to 
the    care    of    persons   infected   with   small-pox   or  other 
diseases   daugerous   to  the  public,  a  sum  not  exceeding 
three  thousand  five  hundred  dollars,  applicable   for  the 
present  and  previous  years. 

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

Apjyroved  January  31, 1873. 

An  Act  relative  to  the  qualification  of  commissioners  for  ryi^     -i-i 

MASSACHUSETTS   IN   OTHER   STATES   AND   TERRITORIES.  iy /ICip.  11. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  oath  or  affirmation  required  by  law  Qualification  of 
for  the  qualification  of  commissioners  for  Massachusetts  in  for"Mas8!°in'''^* 
other  states  and  territories  of  the  United  States,  may  be  oatlTmayTe 
taken  and  subscribed  before  a  clerk  of  any  court  of  record  administered  by 

.  .  J  .      .  clerk  of  a  court 

witiun   the   state  or   territory  wliere   such  commissioner  of  record, 
resides,  with  the  same  efiect  and  subject  to  the  same  pro- 
visions as  if  taken  before  a  magistrate  named  in  section 
forty-two  of  chapter  fourteen  of  the  General  Statutes. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  January  31, 1873. 
3 


492 


1873.— Chapters  12,  13. 


Chap.Vl. 


Appropriations. 


Senators — 
Mileage. 

Compensation. 


Representa- 
tives— 
Mileage. 

Compensation. 


Preacher  of 
election  sermon. 

Chaplains  of 
senate  and 
house. 

Door-keepers, 
.messengers,  &c. 


iFees,  &c.,  of 
witnesses  before 
committees. 


JJxpenees,  &c., 
of  committees. 


Clia-p.  13. 


The  Boston  and 
Providence 
Railroad,  and 
the  Stoughton 
Branch  Kail- 
road  may  unite 
and  form  one 
corporation. 


An  Act  making  appropriations  for  the  mileage  and  compen- 
sation OF  THE  members  OF  THE  LEGISLATURE,  FOR  THE  COM- 
PENSATION OF  THE  PREACHER  OF  THE  ELECTION  SERMON,  THE 
CHAPLAINS,  DOOR-KEEPERS,  MESSENGERS  AND  PAGES  OF  THE  SENATE 
AND   HOUSE   OF  REPRESENTATIVES,  AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  tfcc,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, 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 
exceeding  one  hundred  and  eighty  thousand  seven  hundred 
and  fifty  dollars. 

For  the  compensation  of  the  preacher  of  the  election 
sermon,  one  hundred  dollars. 

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

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

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

For  the  authorized  expenses  of  committees  of  the  pres- 
ent legislature,  including  clerical  assistance  of  committees 
authorized  to  employ  the  same,  a  sum  not  exceeding  five 
thousand  dollars. 

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

Aiyproved  February  1,  1873. 

An  Act  to  unite  the  boston  and  providence  railroad  corpo- 
ration AND  the  stoughton  'BRANCH  RAILROAD  COMPANY. 

Be  it  enacted,  <fcc.,  asfolloias : 

Section  1.  The  Boston  and  Providence  Railroad  Cor- 
poration and  the  Stoughton  Branch  Railroad  Company 
may  unite  and  form  one  corporation  in  the  manner  follow- 
ing, namely  :  if  the  said  corporations  shall,  at  meetings 
called  for  the  purpose,  severally  vote  to  unite  and  form 
one  corporation,  then  upon  the  passage  of  such  votes  the 
Stoughton  Branch  Railroad  Company  may,  on  such  terms 
as  ,the  two  corporations  shall  mutually  agree  upon,  convey 


1873.— Chapter  14.  493 

and  assign  to  the  Boston  and  Providence  Railroad  Corpo- 
ration all  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  Boston  and  Provi- 
dence Railroad  Corporation  in  as  full  and  ample  a  manner 
as  if  they  had  been  at  first  granted  directly  to  the  last- 
named  corporation ;  and  the  Boston  and  Providence  Rail- 
road Corporation  shall,  upon  such  conveyance,  have  and 
enjoy  all  the  rights,  powers,  privileges,  easements,  fran- 
chises and  property  of  the  Stoughton  Branch  Railroad 
Company,  and  be  subject  to  all  the  duties,  restrictions,, 
liabilities  and  obligations  to  which  said  last-named  corpo- 
ration may  have  been  subject. 

Section  2.     In  case  the  union  provided  for  in  the  first  New  stock  may 
section  is  made,  the  Boston  and  Providence  Railroad  Cor-  union  is  made. 
poration  may  issue  new  stock  in  lieu  of  the  authorized 
stock  of  the  Stoughton  Branch  Railroad  Company ;  but  wiioie  capital 

O  JL  •/     -'  DOt  to  6XCGGQ. 

the  whole  capital  of  the  Boston  and  Providence  Railroad  the  authorized 
Corporation  shall  not  exceed  the  authorized  capital  of  the  uw  corpora-^ 
two  corporations  :  said  stock  may  be  issued  to  stockholders  ^^°°®" 
of  the  Stoughton  Branch  Railroad  Company  at  such  rela- 
tive values  as  may  be  mutually  agreed  upon  ;  and  in  order 
to  equalize  fractions  of  shares  the  Boston  and  Providence 
Railroad  Corporation  may  buy  shares  or  fractions  of  shares 
from,  or  sell  the  same  to  such  stockholders  on  such  terms 
as  the  parties  may  agree  upon,  at  not  less  than  par. 

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

Approved  February  6,  1873. 

An  Act  in  relation  to  the  boston,  barre  and  Gardner  rail-  H'kfi^  "14 

ROAD  CORPORATION.  KjtmjJ'  -L'±. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  Boston,  Barre  and  Gardner  Railroad  Time  for  loca- 
Corporation,  at  any  time  prior  to  the  first  day  of  July,  structron'^ex-" 
eighteen  hundred  and  seventy-five,  may  locate  and  con-  *®°'^^^- 
struct  its  road  from  Barber's  crossing  in  "Worcester,  to  the 
new  union  passenger  station  to   be  constructed   in  said 
"Worcester,  as  provided  in  the  tenth  section  of  the  three 
hundred  and  forty-third  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-one,  and  may  maintain  its 
said  road  after  its  construction. 

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

Approved  February  6,  1873. 


494 


1873.— Chaptees  15,  16,  17. 


CIl(lV.1.5.  -^^  -^^"^   AUTHOEIZING    THE    NEW  HAVEN    AND    NORTHA3IPTON   COM- 
-*   '         '  PANT  TO   INCREASE  ITS   CAPITAL  STOCK. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  New  Haven  and  Northampton  Com- 
pany is  hereby  authorized  to  increase  its  capital  stock  by 
adding  thereto  a*  sum  not  exceeding  two  million  dollars, 
to  be  divided  into  shares  of  one  hundred  dollars  etich,  to 
be  issued  in  such  manner  as  the  directors  of  said  company 
shall  determine  :  provided,  that  the  capital  stock  of  said 
company  shall  not,  at  any  time,  exceed  the  cost  of  its 
railroad,  stations  and  equipments. 

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

Approved  February  6,  1873. 


$2,000,000  addi- 
tional capital 
stock. 


Proviso. 


Chap.  16. 

Name  changed. 


Location  legal- 
ized. 


Capital  stock 
may  be  in- 
creased. 


An  Act  to   change  the   name  of   the   athol   and   enfield 

railroad  company,  and  for  other  purposes. 
Be  it  enacted,  &e.,  as  follows : 

Section  1.  The  name  of  the  Athol  and  Enfield  Rail- 
road Company  is  changed  to  the  Springfield,  Athol  and 
Northeastern  Railroad  Company. 

Section  2.  The  location  of  the  road  of  said  company 
through  Palmer,  Ludlow,  Belchertown  and  Springfield,  is 
legalized  as  now  located  and  in  process  of  construction. 

Section  3.  The  capital  stock  may  be  increased  from 
time  to  time,  upon  a  two-thirds  vote  of  the  directors 
therefor,  but  it  shall  not  exceed  one  million  dollars.  All 
past  acts  of  the  city  of  Springfield  and  of  said  company, 
shall  have  the  same  effect  as  if  such  increase  had  been 
authorized  by  chapter  one  hundred  and  twenty-four  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-two. 

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

Approved  February  6,  1873. 


Chcip.JLT.  An  Act  to   change  the 

Name  changed, 


NAME    OF    THE    AMERICAN    HIDE     SEAT 
COMPANY. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  American  Hide  Seat  Company,  a  cor- 
poration having  its  usual  place  of  business  at  Rockport, 
shall  hereafter  be  called  the  Rockport  Hide  Manufacturing 
Company. 

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

Approved  February  6,  1873. 


1873.— Chapters  18,  19,  20.  495 

An  Act  to  fix  the  salary  of  the  clerk  of  the  district  court  (Jfinri  18 

OF  EAST  NORFOLK.  J^' 

Be  it  e7iacted,  &c.,  as  follows: 

Section  1.     From   the  first   day   of  January,    in  the  Salary  fixed. 
year  eighteen  hundred  and  seventy-three,  the  clerk  of  the 
district  court  of  East  Norfolk  shall   receive  for   annual     • 
salary  and  clerk  hire,  the  sum  of  eight  hundred  dollars,  to 
be  paid  from  the  treasury  of  the  Commonwealth. 

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

Approved  February  6, 1873. 

An  Act  to  authorize  each  register  of  deeds  to  appoint  an  nTinv)  IQ 

ASSISTANT-REGISTER.       -  ^        J/'         ' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Each  register  of  deeds  may,  subject  to  the  Register  of 
approval  of  the  superior  court  in  the  county  in  which  he  poLt^TZss^^t- 
has  his  office,  appoint  an  assistant-register  of  deeds,  who  ^'^^-''^s's'e'^- 
shall  give  bond  for  the  faithful  discharge  of  his  duty,  in 
the  same  manner  as  is  provided  by  law  for  the  register, 
and  for  whose  doings  the  register  shall  be  responsible. 
The  assistant  shall  be  paid  for  his  services  by  the  register,  compensation. 
and  be  removable  at  his  pleasure. 

Section  2.     Any  document  or  paper   certified  or  at-  ?''Pa8"gr'"^'^d^ 
tested  by  such  assistant-register  shall  be  admissible-  as  missibie  as  evi- 
evidence  in  all  courts  of  the  Commonwealth,  in  the  same  coSns."^ 
manner  and  to  the  same  extent  as  if  such  document  or 
paper  were  certified  or  attested  by  the  register  by  whom 
he  was  appointed. 

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

Approved  February  10,  1873. 


CJiap.20, 


An  Act  to  incorporate  the  new  Bedford  railroad  com- 
pany, AND  to  authorize  THE  CONSOLIDATION  OF  RAILROADS 
BETWEEN  NEAV  BEDFORD  AND  FITCHBURG,  AND  FOR  OTHER 
PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Solomon  H.  Howe,  Lyman  Nichols  and  corporators. 
Hiram  A.    Blood,    their    associates    and  successors,    are 
hereby  made  a  corporation  by  the  name  of  the  New  Bed-  Name. 
ford  Railroad  Company,  for  the  purposes  hereinafter  set 
forth;  with  all  the  powers  and  privileges,  and  subject  to  powers  and 
all  the  restrictions,  duties  and  liabilities  set  forth  in  all  the  ^'^''®^' 
general  laws  which  now  are,  or  hereafter  may  be,  in  force 
relating  to  railroad  corporations. 

Section  2.     The  capital   stock   of  the   said   company  capital  stock. 
shall  be  divided  into  shares  of  one  hundred  dollars  each, 


496  1873.— Chapter  20. 

and  shall  not  exceed  one  million  dollars ;  except  as  here- 
inafter provided. 
New  Bedford         SECTION  3.     The  Ncw  Bedford  and  Taunton  Eailroad 

and  Taunton  .  jp'jtj  tij^i 

Railroad  may     Corporation,  Dv  a  votc  01  its  dircctoTs,  approved  by  the 

Bell  Its  franchise      .iiii  i  j.-  ii  nii'j.i 

and  property  to  stockholdcrs,   at  a  meeting  duly  called  lor  the  purpose, 
ford^IIirold     upon  such  terms  as  may  be  agreed  upon  with  the  said 
Company.         ]s^g^y  Bedford  Railroad  Company,  may  sell,  convey  and 
assign  to  the  said  New  Bedford  Railroad  Company   its 
franchise  and  property ;  and  the  same  shall  be  held  and 
enjoyed  by  the  New  Bedford  Eailroad  Company  in  as  full 
and  ample  a  manner  as  if  they  had  first  been  granted 
directly  to  the  last-named  corporation  ;  and  the  New  Bed- 
ford Railroad  Company  shall,  upon  such  conveyance  being 
made  to  it,  have  and  enjoy  all  the  rights,  powers,  privi- 
leges, easements,  franchises  and  property  of  the  New  Bed- 
ford and  Taunton  Railroad  Corporation,  and  be  subject  to 
all  the  duties,  restrictions,  liabilities  and  obligations  to 
which  said  last-named  corporation  may  be  subject ;  and 
the  proceeds  of  such  franchise  and  property  of  the  New 
Bedford  and  Taunton  Railroad  Corporation   shall,  upon 
the  transfer  of  the  same,  be  forthwith  appropriated  by  its 
may'bea^stumed  clirectoTS  to  the  payment  of  its  debts  and  liabilities ;  ex- 
by  New  Bedford  cept  its  boudcd  debt,  due  in  the  year  eighteen  hundred 
and  eighty-one,  which  may  be  assumed  by  the  said  New 
Bedford  Railroad  Company ;  and  any  balance  which  may 
remain  shall  be  divided  pro  rata  among  the  stockholders. 
New  Bedford         Section  4.     The  Ncw  Bedford  Railroad  Company  may, 
construct  a  sec-  at  auy  time,  within  two  years,  after  it  shall  have  completed 
New  BedforTto  the  purchasc  authorized  by  the  preceding  section,  con- 
^xteud°track\o   struct  a  sccoud  track  from  New  Bedford  to  Taunton,  and 
New  Bedford     may  extend  its  road  to  deep  water  in  New  Bedford,  and 
may,  for  that  purpose,  purchase  or  take  lands  and  Avharves 
in  said  city ;  and  may  construct,  use  and  maintain  tracks 
along  or  across  any  and  all  such  streets  in  said  city,  at 
gi'ade  therewith,  as  the  board  of  aldermen  of  said  city  may 
determine,  upon  the  petition  of  said  corporation  ;  and  may 
increase  its  capital  stock  for  the  purposes  authorized  by 
this  section,  by  a  sum  not  exceeding  the  amount  expended 
under  its  provisions. 
KcMse'^and^         Section5.     AftcT  thc  Ncw  Bcdford  Rallroad  Company 
property  of  the  shall  havc  Completed  the  purchase  authorized  by  the  third 
and  Taunton      sectlou  of  this  act,  it  may  purchase  the  property  and  fran- 
increase  capital  cliisc  of  the  Middlcborough  and  Taunton  Railroad  Com- 
stock.  pany,  and  may  increase  its  capital  stock  by  an  amount  not 


1873.— Chapter  20.  497 

* 
exceeding  the  sum  expended  therefor ;  and  the  Middle- 
borough  and  Taunton  Raih'oad  Company  may  sell  its 
property  and  franchise  to  the  New  Bedford  Eailroad 
Company  ;  but  no  such  sale  shall  be  made  unless  the  same 
shall  be  approved  by  the  stockholders  of  the  Middle- 
borough  and  Taunton  Railroad  Company,  at  a  meeting 
duly  called  for  the  purpose. 

Section  6.     After   the  New   Bedford   Railroad   Com- May  then  pur. 
pany  shall  have  completed  the  purchase  authorized  by  the  anrstoTof'the 
thh-d  section  of  this  act,  it  may  purchase  the  property  and  ilJuroad.^anr^ 
franchise  of  the  Taunton  Branch  Railroad  Company,  and  ^°°^^^'"' '^'''P''^^ 
may  increase  its  capital  stock  by  an  amount  not  exceeding 
the    sum    expended   therefor ;   and   the    Taunton   Branch 
Railroad  Company  may  sell  its  property  and  franchise  to 
the  New  Bedford  Railroad  Company ;  but  no  such  sale 
shall  be  made  unless  the   same  ghall  be  approved  by  the 
stockholders  of  the  Taunton  Branch  Railroad  Company,  at 
a  meeting  duly  called  for  the  purpose. 

Section  7.     After  the  New  Bedford  Railroad  Company  May  unite  and 
shall  have  completed  the  purchase  authorized  by  the  third  ration°witrthe°" 
section  of  this  act,  it  may  unite  and  form  one  corporation  Raliroad.^'^''"''*' 
with  the  Taunton  Branch  Railroad  Company  upon  such 
terms  as  said  two  corporations  may  mutuall}^  agree  upon ; 
but   the  whole    capital  of  such  consolidated  corporation 
shall  not  exceed  the  authorized  capitalof  the  two  corpora- 
tions ;  and  the  said  consolidated  corporation  may  take  any  corporate  name 
corporate  name  that  may  be  approved  hy  the   board  of  by  rtfiroad^*^ 
railroad  commissioners  ;  and  shall  have,  hold  and  possess  commisaionerB. 
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  the  uniting  corporations, 
and  be  subject  to  all  the  duties,  restrictions,  debts  and 
liabilities  to  which,  at  the  time  of  union  either  is  subject 
in  severalty ;  but  no  such  union  shall  take  place  unless  union  to  be 
the  agreement  for  the  same  shall  be  ratified  by  the  stock-  stockjfoid^rs. 
holders  of  the  uniting  corporations  at  meetings  duly  called 
for  the  purpose. 

Section  8.     After  the  New  Bedford  Railroad  Company  consolidated 
shall  have  purchased  or  united  with  the  Taunton  Branch  may°unite^th 
Railroad   ComJ3any,   such    consolidated   corporation   may  Smay  b" 
unite  with   the  corporation  that  may  be  formed  by  the  u°Ji™^^o.f  ^^^^ 
union  of  the  Manstield  and  Framingham  Railroad  Company  Mansfield  and 
with  the  Boston,  Clinton  and  Fitchburg  Railroad   Com- and  the  Boston, 
pany,  authorized  by  chapter  ninety,  of  the  acts  of  eighteen  Fitchburg 

Railroads. 


498  1873.— Chaptees  21,  22. 

t 

hundred  and  seventy,  upon  such  terms  as  may  be  agreed 
Powers  and  upou  by  the  Said  consolidated  corporations  ;  and  the  cor- 
duties.  poration  formed  by  the  union  of  the  said  consolidated  cor- 

porations, 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  corporations,  and  be  subject  to 
all  the  duties,  restrictions,  debts  and  liabilities  to  which,  at 
the  time  of  union,  either  is  subject  in  severalty ;  but  the 
capital  of  the  corporation  so  formed  shall  not  exceed  the 
Union  to  be       sum  of  the  Capital  of  the  uniting  corporations  ;  and  no  such 
stockifow'ers^.^    uuiou  shall  take  place  unless  the  agreement  for  the  same 
shall  be  ratified  by  the  stockholders  of  the   uniting  cor- 
corporate         poratious  at  meetings  duly  called  for  the  purpose ;    and 
name.  after  such  union  is  effected  the  corporation  so  formed  may 

take  any  corporate  name  that  may  be  approved  by  the 
board  of  railroad  commissioners. 

Section  9.     This  act  shall  take  eifect  upon  its  passage. 

Ai^proved  February  11,  1873. 

Chap.  21.  ^  -A^CT  AUTHORIZING  THE  TOWN  OF  PLYMOUTH  TO  TAKE  STOCK  IN 
■^   *         *  THE   DUXBURY  AND   COHASSET  RAILROAD   COMPANY. 

Be  it  enacted,  &c.,  as  folloius : 

Section  1.  The  town  of  Plymouth,  upon  a  two-thirds 
Town  of  Piym.  yotc  of  thosc  votiug  at  a  towii  meeting  duly  called  for  the 
two-thirds"  vote,  purposc,  may  subscribe  for  shares  in  the  capital  stock  of 
tactile  Duxbury  the  Duxbury  and  Cohasset  Railroad  Company  to  an  amount 
Rau^oad!'*''*     ^^t  cxceediiig  fifty  thousand  dollars.     At  such  meeting 

the  vote  shall  be  by  ballot  and  the  check-list  shall  be  used. 
money^bytax  8aid  towu,  by  issuiug  boiids,  by  tax  or  otherwise,  may 
or  otherwise,  to  I'aisc  auv  mouev  which  it  may  require  to  pay  for  said  shares. 

pay  for  shares.  r-,  r^         rryt  t       j  j_  j. 

Selectmen  or  Seotion  2.     Tlic    selcctuien,   or  any  agent  or  agents 

chosen  to  rep"^  spccially  choscu  for  the  purpose,  may  represent  said  town 

meeunSTf  uie  at  mcctiugs  of  the  Duxbury  and  Cohasset  Railroad  Com- 

company.  paiiy,  aiicl  may  vote  on  the  whole  amount  of  the  stock 

held  by  -said  town,  anything  in  the  sixty-third  chapter  of 

the  General  Statutes  to  the  contrary  notwithstanding. 

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

Approved  February  11,  1873. 

ChaV   22     ^^    ^'^'^    MAKING    ADDITIONAL  APPROPRIATIONS    FOR    CERTAIN    EX- 

"'         '        PENSES     AUTHORIZED     IN     THE     YEAR     EIGHTEEN     HUNDRED     AND 

SEVENTY-TWO,   AND    PREVIOUS  YEARS,   AND   FOR   OTHER  PURPOSES, 

Be  it  enacted,  &c.,  as  follows  : 
AppropriationB.      Section  1.     The  suius  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  from  the  ordinary  revenue,  except 


1873.— Chaptek  22.  499 

iu   cases   othei-wise   ordered,  for  the   purposes  specified 
herein,  to  wit : 

For  expenses  incurred  by  the  legislative  committee  on  Expenses  of 
public   charitable   institutions    in   eighteen   hundred   and  public "haritL 
seventy-two,  a  sum  not  exceeding  two  hundred  dollars  and  ^'^  institutione. 
forty  cents,  which  shall  be  allowed  and  paid. 

For  stationery  ordered  by  the  clerk  of  the  house  of  ^ig't^fg   ^ 
representatives,  twenty-six  dollars  and  thirty  cents.  R- 

For  stationery  ordered  by  the  sergeant-at-arms  for  the  stationery. 
legislature,  a  sum  not  exceeding  two  hundred  sixty-nine  ^'^'■^-^t-^™^- 
dollars  and  twenty-nine  cents. 

For  registration  blanks  for  the  secretary's  department,  j^.^^""=*"°'^ 
a  sum  not  exceeding  ninety  dollars  and  five  cents. 

For  the  compensation  of  an  engineer  employed  in  the  Engineer. 
state  house,  a  sum  not  exceeding  one  hundred  and  fifty- 
five  dollars. 

For  expenses  of  the  secretary  of  the  board  of  agricul-  secretary  of 
ture,  a  sum  not  exceeding  sixty-two  dollars  and  thirty-  culture. 
eight  cents. 

For  bounties  to  ao-ricultural  societies,  a  sum  not  exceed-  Bounties  to  ag. 

„----,   c),  '  ricultural  soci- 

mg  tour  hundred  dollars.  eties. 

For  expenses  of  the  cattle  commissioners  appointed  in  c^utie  eommis- 
eighteen  hundred  and  sixty-eight,  a  sum  not  exceeding  pc?nTe?.'  ^^' 
fifty-nine  dollars  and  eighty-eight  cents. 

For  the  current   expenses  of  the    state   almshouse  in  state  aimshonse 
Tewksbury,  a  sum  not  exceeding  seven  thousand  seven  »*■  Tewksbury. 
hundred  sixty-nine  dollars  and  five  cents. 

For  the  support  of  state  pauper  convicts,  a  sum  not  ex-  paupercon. 
ceeding   two  hundred   thirty-four  dollars  and  thirty-two  ^''^^^' 
cents. 

For  the  support  of  Indian  paupers,  in  accordance  with  Indian  paupers. 
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. 

For  the  current  expenses  of  the  state  prison,  a  sum  not  state  prison. 
exceeding  nine  thousand  two  hundred  sixty-seven  dollars 
and  forty-six  cents. 

For  the  contingent  expenses  of  the  state  police,  a  sum  state pouce. 
not  exceeding  two  thousand  two  hundred  eight  dollars  and 
forty-one  cents.' 

For  the  incidental  expenses  of  the  adjutant-general,  a  Adjutant-gen- 
sum  not  exceeding  one  hundred  sixteen  dollars  and  forty-  ^i"^!- 
five  cents. 


500 


1873.— Chaptee  23. 


Quartermaster's 
supplies. 

Inspector  of 
gasmeters. 

Commissioners 
relating  to  the 
division  and 
disposal  of  In- 
dian lands. 


Board  of  health 
of  Wakefield. 


Board  of  educa- 
tion, expenses. 


Legislature, 
contingent  ex- 
penses. 
State-house 
repairs,  etc. 


(7A«p.23. 


Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


Real  and  per- 
sonal estate. 


For  quartermaster's  supplies,  a  sum  not  exceeding  one 
thousand  three  hundred  sixty-five  dollars  and  six  cents. 

For  expenses  incurred  by  the  inspector  of  gasmeters, 
a  sum  not  exceeding  fourteen  dollars  and  thirty-five  cents. 

For  expenses  incurred  by  the  commissioners  appointed 
under  authority  of  section  three  of  chapter  four  hundred 
and  sixty-three  of  the  acts  of  the  yefir  eighteen  hundred 
and  sixty-nine,  relating  to  the  division  and  disposal  of 
Indian  lands,  a  sum  not  exceeding  one  thousand  dollars. 

For  expenses  incurred  by  the  board  of  health  of  the 
town  of  Wakefield,  in  the  removal  of  persons  seized  with 
infectious  disease,  a  sum  not  exdeeding  sixty-four  dollars 
and  forty-three  cents. 

For  incidental  expenses  of  the  board  of  education,  a 
sum  not  exceeding  one  hundred  sixty  dollars  and  eight 
cents,  payable  from  the  moiety  of  the  income  of  the  Mas- 
sachusetts school  fund  applicable  to  educational  purposes. 

For  contingent  expenses  of  the  legislature,  a  sum  not 
exceeding  four  hundred  fifty  dollars. 

For  repairs,  improvements  and  furniture  for  the  state 
house,  a  sum  not  exceeding  three  hundred  and  fifty  dollars. 

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

Apj^roved  February  14,  1873. 

An  Act   to  incorporate  the   ciiarlestown  free   dispensary 

and  hospital. 
Be  it  enacted,  &g.,  as  follows: 

Section  1.  Henry  Lyon,  John  S.  Whiting,  Charles 
F.  Fairbanks,  Gerald  Wyman,  Edward  J.  Forster,  their 
associates  and  successors,  are  made  a  corporation  by  the 
name  of  the  Ciiarlestown  Free  Dispensary  and  Hospital, 
for  the  purpose  of  establishing  and  maintaining  in  the  city 
of  Ciiarlestown  a  dispensary  and  hospital  to  furnish  medi- 
cal and  surgical  relief  for  the  poor  and  deserving  of  said 
city;  with  all  the  powers  and  privileges,  and  subject  to 
all  the  duties,  liabilities  and  restrictions  set  forth  in  all 
general  laws  which  now  are  or  may  hereafter  be  in  force 
and  applicable  to  such  corporations. 

Section  2.  Said  corporation  shall  have  power  to  hold 
real  and  personal  estate  to  an  amount  not  exceeding  one 
hundred  and  fifty  thousand  dollars. 

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

Approved  February  14,  1873. 


1873.— Chapters  24,  25,  26,  27.  501 

An  Act  to  incorpokate  the  woekingmen's  sayings  bank   of  (JJid^j  24 

FLORENCE.  ^  ' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Samuel  L.  Hill,  Geo.  A.  Burr,  A.  T.  Lilly,  corporators. 
A.  L.  Williston  and  Isaac  S.  Parsons,  their  associates  and 
successors  are  made   a  corporation  by  the  name  of  the  Name  and  pur- 
"  Workingmen's  Savings  Bank,"  to  be  located  in  the  town  ^°^^' 
of  Northampton,  village  of  Florence  ;  with  all  the  powers  Powers  and 
and  privileges,  and  subject  to  all  the  duties,  liabilities  and 
restrictions  set  forth  in  all  general  laws  which  now  are,  or 
may  hereafter  be  in  force  in  this  Commonwealth  relating 
to  institutions  for  savings. 

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

Approved  February  14,  1873. 

An  Act  authorizing  a  meeting  op  the  somerset  religious  and  rij.f^.^  or 

HUMANE   SOCIETY.  ^llCtjJ.^O. 

Be  it  enacted,  &c.,  as  follows : 

Section    1.      The    Somerset    Keligious   and    Humane  Meeting  for 
Societ}^  may  hold  a  meeting  for  the  choice  of  officers  and  cersT"^"^ 
for  the  transaction  of  any   business  which  may  legally 
come  before  it,  and  five  members  shall  constitute  a  quorum.  Quorum. 

Section  2.     Notice  of  such  meeting  shall  be  issued  by  Notice  of  meet- 
any  justice  of  the  peace  for  the  county  of  Bristol,  upon  up^oifwritten*^^*^ 
the  written  application  of  three  or  more  members  of  said  t^P.e'^^'embera 
society,  and  said  notice  shall  specify  the  objects  of  said  of  the  society. 
meeting,  and  shall  be  posted  in  three  or  more  public  places 
within  the  town  of  Somerset. 

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

Apjjroved  February  14,  1873. 

An  Act  to  authorize  henry  m.  cross  to  extend  his  wharf  ^j        (^n 

IN  NEWBURYPORT.  O/ittp.  ZO. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     License  is  granted  to  Henry  M.  Cross,  to  May  extend 
extend  his  wharf  on  the  Merrimack  River,  in  Newbury-  ^^rylon^^"^' 
port,   subject  to  the  provisions   of  chapter  four  hundred 
and  thirty-two  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-nine. 

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

Approved  February  14,  1873. 

An  Act  to  incorporate  the  boston  tow  boat  company.        Cliav  27. 
Be  it  enacted,  &g.,  as  folloivs: 

Section  1.     Edward  Whitney,  William  Sprague  and  corporators. 
Thomas  Winsor,  their  associates  and  successors,  are  made 


502 


1873.— Chapters  28,  29,  30. 


Powers  and 
duties. 


May  build 
steam  tugs,  and 
let  the  same  by 
charter  or  other- 


Real  and  per- 
sonal property. 


Capital  stock. 


(7/1029.28. 


May  extend 
wharf  In  Vine- 
yard Haven 
Harbor. 


Chap.2^. 


May  extend 
wharf  in  M»r- 
blehead. 


Chap.  30. 


May  extend  and 
enlarge  wharf 
in  Fall  River. 


a  corporation,  by  the  name  of  the  Boston  Tow  Boat  Com- 
pany, with  all  the  powers  and  privileges,  duties,  liabilities 
and  restrictions  set  forth  in  all  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  such  corporations. 

Sectiox  2.  Said  corporation  may  build,  purchase, 
charter,  hold  and  convey  one  or  more  steam  tugs,  steam 
water-boats  and  lighters,  and  all  materials  used  in  wreck- 
ing, and  may  employ  and  let  the  same  by  charter  or 
otherwise  to  be  employed,  in  the  waters  of  Boston  Harbor 
and  vicinity,  and  along  the  Atlantic  coast. 

Section  3.  Said  corporation  may  hold  such  real  and 
personal  property  as  may  be  necessary  and  convenient  for 
the  purposes  named  in  the  second  section :  j)^'Ovided,  that 
the  value  of  real  estate  so  held  shall  not  exceed  seventy-five 
thousand  dollars. 

Section  4.  The 'capital  stock  of  said  corporation  shall 
not  exceed  two  hundred  and  fifty  thousand  dollars,  and 
shall  be  divided  into  shares  of  the  par  value  of  one  hun- 
dred dollars. 

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

Apjjroved  February  15,  1873. 

An  Act  to  authorize  willi  am -lewis  to  extexd  his  wharf  at 

vineyard  haven. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     License  is  granted  to  "William  Lewis,  to 

extend  his  wharf  in  Vineyard  Haven  Harbor,  subject  to 

the  provisions  of  chapter  four  hundred  and  thirty-two  of 

the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

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

Ai^proved  February  15,  1873. 

An  Act  to  authorize  benjamin  d.  dixie  to  extend  his  wharf 

in  3iarblehead. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  License  is  granted  to  Benjamin  D.  Dixie, 
to  extend  his  wharf  in  Marblehead,  subject  to  the  pro- 
visions of  chapter  four  hundred  and  thirty-two  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-nine. 

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

Approved  February  17,  1873. 

An  Act  to  authorize  the  American  print  works  to  enlarge 

their  wharf  in  fall  river. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  License  is  granted  to  the  American  Print 
Works  to   extend   and   enlarge   their  wharf,   situate    on 


Chap.  31, 


1873.— Chaptees  31,  32.  503 

Mount  Hope  Bay,  near  Globe  Village,  in  the  city  of  Fall 
River,  subject  to  the  provisions  of  chapter  four  hundred 
thirty-two  of  the  acts  of  the  year  eighteen  hundred 
sixty-nine. 

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

Approved  February  17,  1873. 

An  Act  in  addition  to  an  act  to  provide  for  a  union  passen- 
ger STATION,  AND  FOR  THE  REMOVAL  OF  RAILROAD  TRACKS  FROM 
CERTAIN  PUBLIC   WAYS  AND   GROUNDS  IN   THE  CITY  OF  WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 

Section  1 .     The  time  within  which  the  union  passen-  Time  extended 
ger  station  in  the  city  of  Worcester,  mentioned  in  section  uoVof  th?^^^" 
five  of  chapter  three  hundred  and  forty-three  of  the  acts  gtatioi??rwlr- 
of  the  year  eighteen  hundred  and  seventy-one,  shall  be  J^^^'^^g^g  ,- 
completed  and  ready  for  use,  is  extended  to  the  first  day 
of  June,  eighteen  hundred  and  seventy-five. 

Section  2.     The  time  within  which  the  locations  men-  Time  extended 
tioned  in  section  seven  of  said  chapter  may  or  shall  be  u°a'nc!fof'\oca. 
discontinued,  is  extended  to  the  first  day  of  June,  eighteen  i8n^'343,  §7. 
hundred  and  seventy-six. 

Section  3.  The  time  within  which  the  locations  Time  extended 
mentioned  in  section  fifteen  of  said  chapter  shall  be  filed,  ["Jns!'"^ '"°*' 
is  extended  to  the  first  day  of  June,  eighteen  hundred  and  ^^^^'  ^^s,  §  i5. 
seventy-six. 

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

Approved  February  17,  1873. 

An  Act  making  appropriations  for  expenses  of  the  state  (77iftp.  32. 

ALMSHOUSE,  THE  STATE  PRISON,  THE  REFOR3I  SCHOOL  AT  WEST- 
borough,  THE  INDUSTRIAL  SCHOOL  FOR  GIRLS,  THE  BRIDGEWATER 
WORKHOUSE,  THE  STATE  PRIMARY  SCHOOL  AT  MONSON,  AND  FOR 
OTHER  PURPOSES. 

Beit  enacted,  &G.,  as  follows:  . 

Section  1.  The  sums  hereinafter  mentioned  are  appro-  ^PP^oprfationB. 
priated,  to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, from  the  ordinary  revenue,  unless  otherwise 
specified,  for  the  j)urpose  of  meeting  the  current  expenses 
of  the  institutions  hereinafter  named  and  for  other  purposes, 
during  the  year  ending  December  thirty-first,  in  the  year 
eighteen  hundred  and  seventy-three,  to  wit : — 

charitable. 

For  the   current   expenses   of  the  state  almshouse  at  state  aims- 
Tewksbury,  a  sum  not  exceeding  eighty-eight  thousand  bury." 
dollars. 


504  1873.-^Chapter  32. 

fchoorM^Mon.  For  the  current  expenses  of  the  state  primary  school 
at  Monsou,  a  sum  not  exceeding  forty-five  thousand 
dollars. 

^p'^M^is."^^''*'^  Foi*  expenses  of  tlie  general  agent  of  the  board  of 
state  charities,  a  sum  not  exceeding  two  thousand  dollars. 

flpenfel'*  For  expcuscs  of  the  secretary  of  the  board  of  state 

charities,  a  sum  not  exceeding  eight  hundred  dollars. 

S^enefs'^^'^"*^'^  "'^^r  Contingent  expenses  of  the  visiting  agent  of  the 
board  of  state  charities,  a  sum  not  exceeding  three  thou- 
sand dollars. 

SpImm5  -^or  travelling  and  other  expenses  of  the  board  of  state 

charities,  a  sum  not  exceeding  one  thousand  dollars. 

^"hof luts^^'^  ^^^  ^^^®  support  and  relief  of  state  lunatic  paupers  in 
state  hospitals,  a  sum  not  exceeding  eighty  thousand 
dollars. 

Support  of  For  the  support  of  state  paupers  by  cities  and  towns,  a 

by  clue^Md^     sum  not  exceeding  twenty-five  thousand  dollars,  the  same 

towns.  ^^  include  Indian  paupers  and  any  expenses  necessary  to 

carry  out  the  provisions  of  chapter  one  hundred  and  sixty- 
two  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
five  and  chapter  twelve  of  the  acts  of  eighteen  hundred 
and  sixty  nine. 

Burial  of  state  YoY  the  burial  of  state  paupers,  a  sum  not  exceeding 
seven  thousand  dollars. 

Transportation       YoY  the  reimbursement  of  cities  and  towns  for  expenses 

pers.  incurred  in  the  transportation  of  state  paupers  to  the  state 

almshouse,  a  sum  not  exceeding  five  hundred  dollars. 

Asylum  for  the  YoY  the  Pcrkius  iustitutioii  and  Massachusetts  asylum 
for  the  blind,  the  sum  of  thirty  thousand  dollars. 

Asyiumsfor  YoY  the  suDDort  of  Massachusctts  beneficiaries  in  the 

deaf  and  dumb.  i/.  tti  -i     •  i  ... 

asylums  tor  deat  and  dumb,  and  in  other  institutions,  a 
sum  not  exceeding  thirty  thousand  dollars. 

Idiotic  and  For  the  Massachusetts  school  for  idiotic  and  feeble- 

youtii!  minded  youth,  a  sum  not  exceeding  sixteen  thousand  five 

hundred  dollars. 

johonnot  annu-  YoY  the  auuuities  duc  from  the  Commonwealth,  incurred 
by  the  acceptance  of  the  bequests  of  the  late  Martha 
Johonnot,  a  sum  not  exceeding  one  thousand  six  hundred 
and  eighty  dollars. 

Settlement  and  For  cxpcuses  attending  the  management  of  cases  of 
settlement  and  bastardy,  and  in  connection  with  complaints 
of  or  in  behalf  of  persons  confined  as  lunatics,  in  eigh- 
teen hundred  and  seventy-three,  a  sum  not  exceeding  two 
thousand  dollars. 


ities. 


bastardy. 


1873.— Chapter  32.  505 

For  pensions,    a   sum   not   exceeding    seven   hiindred  Peneions. 
dollars. 

For  the  annuity  of  Jane  Parks,  three  hundred  dollars,     jane  Parks. 

For  the  support  of  Indian  state  paupers,  in  accordance  Indian  state 
with  the  provisions  of  (Chapter  four  hundred  and  sixty-  p^^p'^'s. 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine,  a  sum  not  exceeding  two  thousand  dollars. 

For  the  support  of  state  pauper  convicts,  a  sum  not  state  pauper 
e"xceeding  five  hundred  dollars.  '^"'^"'^  *' 

For  the  support  of  state  paupers  under  the  provisions  of  support  of 
section   sixteen   of    chapter   twenty-six    of    the    General  G^_s.^26y§  w. 
Statutes,  and  chapter  one  hundred  eighty-nine  of  the  acts  ^  '^'  ^^^' 
of  eighteen  hundred  and  seventy-two,  a  sum  not  exceeding 
ten  thousand  dollars. 

REFORMATORY   AND    CORRECTIONAL. 

For  the  current  expenses  of  the  state  prison,  a  sum  not  state  prison, 
exceeding  one  hundred  and  twenty-one  thousand  dollars,    pensls.  ^^" 

For  the  current  expenses  of  the  state  reform  school  at  —state  reform 
Westborough,  a  sum  not   exceeding  fifty-four   thousand 
dollars. 

For  the  current  expenses  of  the  industrial  school  for  -industrial 
girls,  at  Lancaster,  a  sum  not  exceeding  twenty-two  thou-  ^'^^°°^' 
sand  five  hundred  dollars. 

For  the  current  expenses  of  the  state   workhouse    at  — state  work- 
Bridgewater,  a  sum  not  exceeding  forty  thousand  dollars. 

For  expenses  incurred  in  the  arrest  of  fugitives  from  Fugitives  from 
justice,  a  sum  not  exceeding  two  thousand  dollars.  justice. 

For  the  salary  of  an  agent  for  the  relief  of  discharged  ^gent  dis- 

•  -•  chtirKGci  coil" 

convicts,  a  sum  not  exceedmg  one  thousand  dollars,  and  victs. 
for  expenditures  of  said  agent,  a  sum  not  exceeding  two 
thousand  dollars. 

For  expenses  of  the  commissioners  on  prisons,  a  sum  commissionerB 
not  exceeding  five  hundred  dollars.  on  prisons. 

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

From   the   appropriations   for   expenses    of    the    state  part  of  appro- 
prison,  of  the  state  almshouse  at  Tewksbury,  the  primary  ^englrof^s'tft^e' 
school  at  Monson,    the  workhouse   at   Bridgewater,    the  H^^^i^l^l^ 
reform    school    at    Westborough,    and   of  the   industrial  &c.,  may  be  ad- 
school  for  girls,  there  may  bfe  paid  to  each  in  advance,  a  accounted  for  in 
sum  not  exceeding  one  thousand  dollars,  to  be  accounted  Sent^with"^^" 
for  to  the  state  auditor  in  the  monthly  settlements  of  said  ^^'^^°'^- 
institutions,  and  all  sums  received  by  said  institutions  from 


506  1873.— Chaptees  33,  34,  35. 

cities,  towns  or  individuals  for  the  support  of  inmates,  or 
for  articles  sold,  shall  be  paid  into  the  treasury  of  the 
Commonwealth. 

For  the  reimbursement  of  the  Massachusetts  infant 
asylum  and  for  the  support  of  infants  having  no  known 
settlement  in  the  Commonwealth,  a  sum  not  exceeding  two 
thousand  dollars. 

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

Approved  February  18,  1873. 

Oh(ip.33.  -^^  '^^'^  TO  INCREASE   THE   CAPITAL   STOCK  AND   CHANGE   THE   NA3IE 
■^  '         *        OF     THE     NEW     BEDFORD     AND     NEW     YORK     STEAM     PROPELLER 
COMPANY. 

Be  it  enacted,  <fcc.,  as  follows: 
Srcapua!"         Sectiox  1.     The  New  Bedford  and  New  York  Steam 
stock.  Propeller  Company  may  increase  its  capital  stock  by  an 

amount  not  exceeding  three  hundred  and  fifty  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. 
Name  changed.  SECTION  2.  The  iiamc  of  Said  corporation  is  changed 
to  the  New  Bedford  and  New  York  Steamship  Company. 
Section  3.     This  act  shall  take  efiect  upon  its  passage. 

Apiproved  February  19,  1873. 

Chap.  34:,  -^  Act  to  amend  an  act  to  incorporate  the  trustees  of 

THE   SMITH   CHARITIES. 

Be  it  enacted,  &c.,  asfollotvs: 
imXCi^^-^°        Section  1.     The  second  section  of  chapter  ninety-six 
of  the  acts  of  the  year  eighteen  hundred  and  forty-nine, 
is  amended  by  striking  out  the  word  "  twenty,"  and  in- 
serting instead  thereof  the  word  "forty." 

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

Approved  February  19,  1873. 

ChUV   35     "^^     ^^^      ^^     INCORPORATE     THE     MALDEN     ODD     FELLOWS'     HALL 
^  *         *  ASSOCIATION. 

Be  it  enacted,  &c.,  as  folloivs: 
Corporators.  SECTION  1.     Marviu    Liucolu,    Augustus    L.    Barrett, 

Thomas  A.  Floyd,  their  associates  and  successors,  are 
Name  and  pur-  made  a  corporatioii  by  the  name  of  the  Maiden  Odd  Fel- 
^^^'  lows'  Hall  Association,  for"  the  purpose  of  erecting,  or 

purchasing   and   maintaining  a  building  in  the   town    of 

Maiden  for  the  accommodation  and  purposes  of  an  Odd 
dS^  ^^       Fellows'  Hall,  and  any  other  lawful  purpose  ;  with  all  the 


1873.— Chapters  36,  37,  38.  507 

powers  and  privileges,  and  subject  to  all  the  duties,  re- 
strictions and  liabilities  set  forth,  in  all  general  laws  which 
now  are  or  hereafter  may  be  in  force  applicabfe  to  such 
corporations. 

Section  2.     The  capital  stock  of  said  corporation  shall  capitni  stock 

r»  1  TTii  T     '  1     t      '  '*"    snares. 

not  exceed  twenty-five  thousand  dollars,  divided  into 
shares  of  the  par  value  of  twenty-five  dollars,  and  said 
corporation  may  hold  for  the  purposes  aforesaid  real  and 
personal  estate  not  exceeding  the  amount  of  the  capital 
stock  :  provided,  that  said  corporation  shall  incur  no  lia-  Not  to  incur 
bility  until  five  thousand  dollars  of  its  capital  stock  has  ^sltiuo'^haT been 
been  paid  in  in  cash.  p'"'^  '"• 

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

Approved  February  20,  1873. 

An  Act  to  fix  the  fee  op  persons  attending  as  jurors  before  (Jhap.  36. 

A   SHERIFF. 

Be  it  enacted,  tfcc,  as  follows : 

Section  1.     The  fee  for  attending  as  a  juror  before  a  ffj„']%/°'' 
sheriiF  shall  be  three  dollars  a  day. 

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

Approved  February  20,  1873. 

An  Act  relating  to  the  par  value  of  shares  in  corporations.  (JJiap.  37. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     The   par   value  of  shares   in   the   capital  Par  value  of 

.-,,.11  j'l  f,  •!  11  shares  of  corpo- 

stock  01  all  corporations  hereafter  organized,  except  where  rations  here- 
otherwise  provided  by  law,  shall  be  one  hundred  dollars.     to\L%\m^'"^^ 

Section  2.     Corporations  heretofore  organized  with  a  -iioretofore 
capital  stock  divided  into  shares  of  a  par  value  other  than  b^^'ange  "to^ 
one  hundred  dollars,  may  change  the  par  value  to  one  huii-  *^°'^' 
dred  dollars,  and  any  such  change  heretofore  made  is  ratified 
and  confirmed  so  far  as  it  may  have  been  invalid  for  lack 
of  authority. 

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

Ajyproved  February  20,  1873. 

An  Act  to  establish  a  grade  in  the  town  of  brookline.      (JhcLV.^S. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  selectmen  of  the  town   of  Brookline  Grade  may  be 

1  ii'ii  j_p'ij  i  ,.  established  of 

When  authorized   by  a  vote  ot   said   town  at  a  meeting  not  less  than 
called  for  the  purpose,  shall  establish  in  said  town  a  grade  abovrmeaniow 
of  not  less  than  twelve  feet  above  mean  low  water ;  and  ^^^^^' 
no  person,  after  such  grade  is  established,  shall  construct 
in  said  town  any  cellar  or  basement  cellar  of  any  building 
below  such  grade,  or  use  or  occupy  any  cellar  or  basement 
5 


508  1873.— Chapter  39. 

Proviso.  cellar  so  constructed :  provided,  that  the  selectmen  may 

by  license,  subject  to  revocation  at  any  time  by  them, 
authorize  cellars  to  be  constructed  in  buildingrs  used 
exclusively  for  storage  or  business  purposes  so  much 
below  said  grade  as  they  shall  designate  in  each  license. 
cmi^suucted'^ '*  Section  2.  If  any  person  constructs  or  uses  any  cellar 
&c.,  contrary  to  or  bascmcut  Cellar  in  violation  of  this  act,  said  selectmen 

this  act,  and  not     1111,1  .       n  1  n  i 

altered  by  shall  ordcr  the  owner  or  occupant  oi  such  cellar  or  base- 
ten"da>Iof'"  mcut  Cellar  to  so  alter  and  construct  it  as  to  conform  to 
seitcVmeu  may  ^^^^  requircmcuts  of  this  act ;  and  if  such  owner  or  occu- 
aiter  it.  paut  fails  to  comply  with  such  order  within  ten  days  after 

service  thereof,  as  provided  by  the  following  section,  said 
selectmen  shall  so  alter  such  cellar  or  basement  cellar ; 
Expenses  to  be   aud  all  ucccssary  expenses  incurred  thereby  shall  consti- 
iLndXTbuTid-   tute  a  lien  upon  the  land  wherein  such  cellar  or  basement 
'"^*'  cellar  is  constructed,  and  upon  the  buildings  upon  such 

land,  and  may  be  collected  in  the  manner  provided  by 
law  for  the  collection  of  taxes  upon  real  estate ;  and  the 
town  treasurer  in  behalf  of  said  town  may  purchase  such 
land  or  land  and  buildings  at  any  sale  thereof  for  the  en- 
forcement of  such  lien. 
Order  to  be  Section  3.     All    ordcrs  under   the   preceding   section 

made  m -wnting.      -.t,,  •,.  ..  ,  ,^  .-.^ 

shall  be  made  in  writing,  and  served  upon  said  owners  or 
occupants,  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 
s.  J.  c.  may  suprcme  judicial  court,  or  any  justice  thereof,  in  term 
JuuJtion.  ^"'  time  or  vacation,  may  by  injunction  or  other  suitable 
process  in  equity,  restrain  any  person  or  coi'poration  from 
constructing  or  using  any  cellar  or  basement  cellar  in 
violation  of  the  provisions  of  this  act,  and  may  enforce 
such  provisions,  and  may  order  and  enforce  the  abatement 
or  alteration  of  any  cellar  or  basement  cellar  constructed 
or  used  in  violation  thereof,  so  as  to  comply  with  said 
provisions. 

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

Apioroved  February  24,  1873. 


ChajJ.Sd. 


An  Act  in  relation  to  the  capital  of  gas  corporations. 
Be  it  enacted,  &c.,  as  follows : 

m^r^uT^!°  Section  1.  Section  five  of  chapter  two  hundred  and 
twenty-four  of  the  acts  of  the  year  eighteen  hundred  and 
seventy,  is  amended  by  striking  out  the  words  "five 
hundred  thousand,"   and   inserting    instead    thereof   the 


1873.— Chaptees  40,  41.  509 

words  "  one  million  "  :  provided,  that  any  additional  shares  ^Ireitobe  eoid 
of  stock  issued  for  any  purpose  by  a  gas-light  corpora-  atpubiicauc 
tiou,  shall  be  sold  by  public  auction,  in  the  same  man- 
ner and  under  the  same  regulations  as  are  applicable  to 
the  increase  of  the  capital  stock  of  railroad  corporations 
under  chapter  three  hundred  and  ninety-two  of  the  acts  of 
eighteen  hundred  and  seventy-one,  except  that  in  addition 
to  the  advertising  therein  provided,  such  sale  of  additional 
stock  issued  by  gas-light  corporations  shall  be  advertised 
for  the  same  length  of  time  as  therein  specified,  in  one  or 
more  newspapers  in  the  town  or  city  where  such  corpora- 
tion is  located ;  or  if  no  newspaper  is  published  in  such 
town  or  cit}',  the  sale  shall  be  advertised  in  one  or  more 
newspapers  published  nearest  the  town  or  city  where  the 
coq3oration  is  located. 

Sectiox  2.     The   provisions  of  chapter   one  hundred  fs-T'iio^to^ 
and  ten  of  the  acts  of  the  year  eighteen   hundred   and  appi'y  to  corpo- 

in  1       .  J '  1  ,     ly  rations  hereto 

seventy-one  shall  apply  to  corporations  heretofore  organ-  fore  organized. 
ized  under  special  charters  or  any  general  law  for  the 
purpose  of  making   and   selling  gas   for  light  in  a  city 
or  town. 

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

Approved  February  24, 1873. 

An  Act  to  increase  the  number  of  the  associate  justices  Chap.  40. 

OF  the  supreme  judicial  court.  -^ 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  number  of  associate  justices  of  the  six  associate 
supreme  judicial  court  shall  be  six  instead  of  five,  as  now  ^c.*''^'^*  ° 
provided  by  law. 

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

Approved  February  24,  1873. 

An  Act  to  protect  the  oyster  fishery  in  barlow  river.      CllClV.4\. 
Be  it  enacted,  tfcc,  as  folloivs : 

Section  1.     Whoever  takes  any  oysters  from  Barlow  oysters  not  to 
Kiver,  in  the  town  of  Sandwich,  at  any  time  previous  to  BlriowV°". 
the  first  day  of  October,  eighteen  hundred  and  seventy-  iorf'ir^of'bT 
four,  shall  forfeit  five  dollars  for  each  bushel  and  fraction  peZity. 
of  a  bushel  so  taken. 

Section  2.     The  inhabitants  of  the  town  of  Sandwich,  inhabitants  may 
at  a  legal  meeting  called  for  the  purpose,  may  make  regu-  tions  concerning 
lations  concerning  the  taking  of  oysters  in  said  river  after  ]^yBt<3a°^ 
said  first  day  of  October ;  and  whoever  takes  any  oysters 
from  said   river   contrary  to    such  regulations,   shall  be 
subject  to  the  same  penalties  as  are  provided  in  the  pre- 


510  Chapters  42,  43. 

ceding  section.  The  penalties  provided  in  this  act  maybe 
recovered  by  complaint  or  indictment  in  any  court  of  com- 
petent jurisdiction. 

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

Approved  February  26,  1873. 

Ch(lV.42i.   ^  -^^"^  ^   FURTHER  ADDITION   TO   AN  ACT   CONCERNING   THE  3IANU- 
"'         '  FACTUUE  AND   SALE   OF   INTOXICATING   LIQUORS. 

Be  it  enacted,  &c.,  as  follows  : 
Repeal  of  sec.         Sectiox  1.     Scctions  two  and  three   and  so  much  of 

tions  2  and  3,  .^  pi  i  ittti.  n  ..i 

and  80  much  of   scction  livc  01  chaptcr  three  hundred  and  thirty-four  of  the 

section  5,  of  1871,         .  />.i  .ij  i  tt  t  i 

334,  as  relates  to  acts  ot   the    year  eighteen    hundred  and  seventy-one  as 
caiiingmeetings.  j.^i^tes  to  the  Calling  of  meetings,  are  hereby  repealed. 

Sectiox  2.     Nothing  contained  in  this  act  shall  affect 
any  case  now  pending. 

Section  3.     This  act  shall  take  effect  upon  the  first 
Tuesday  of  May  next.  Approved  February  26, 1873. 

CJlCip.4:3.  -^  -A^CT    CONCERNING    JURISDICTION    OVER    LANDS    USED    FOR    POST- 

OFFICES. 

Be  it  enacted,  <6c.,  asfoUoivs : 
Jurisdiction  Section  1.     Jurisdictiou  is  ceded  to  the  United  States 

[ands  necessary  ovcr  any  tracts  of  land  within  this  Commonwealth,  neces- 
po'st-offlces^        sary  for  the  purpose  of  erecting  post-offices,  whenever  the 
United   States  shall  have  acquired   title  thereto  in  fee : 
Proviso.  provided,  always,  that  this  Commonwealth   shall   retain 

concurrent  jurisdiction  with  the  United  States  in  and  over 
such  tracts,  so  far  as  that  all  civil  and  criminal  processes 
issuing  under  the  authority  of  this  Commonwealth  may  be 
executed  thereon  and  in  any  buildings  thereon,  in  the 
same  manner  as  if  this  act  had  not  been  passed  :  and  ex- 
clusive jurisdiction  shall  revest  in  this  Commonwealth 
over  any  such  tract  which  shall  cease  to  be  used  for  the 
Proviso.  purpose  of  a  post-office  :  provided,  also,  that  a  suitable 

plan  of  each  tract  over  which  jurisdiction  is  acquired  by 
the  United  States  under  this  act  shall  be  filed  in  the  office 
of  the  secretary  of  the  Commonwealth  within  one  year 
after  the  acquisition  of  the  title. 
Not  to  apply  to  SECTION  2.  This  act  shall  not  apply  to  lands  jurisdic- 
ceded.  ''  tioii  over  whicli  has  been  heretofore  ceded  to  the  United 
States  by  this  Commonwealth. 

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

Ajjproved  February  26,  1873. 


Chapters  44,  45,  46.  511 

An  Act  to  limit   the  service   of  juroks  m  the  county  of  ChccJ).4A:. 

SUFFOLK.  "' 

Be  it  enacted,  (fee,  as  follows : 

Section  1.     No  person  shall  serve  as  a  traverse  juror  Not  to  serve  as 
in  the  county  of  Suffolk  more  than  thirt}'  days  at  anj-  term  moreufanThrrty 
of  court,  unless  for  the  purpose  of  finishmg  a  case  com-  daysatatenn. 
menced  within  that  time. 

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

Jpjjroved  February  2G,  1873.    , 

An  Act  authorizing  the  town  of  braintree  to  raise  twenty  Chap.  45. 

THOUSAND   DOLLARS   FOR  THE   THAYER  ACADEMY. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     The   town   of    Braintree,    by   issuing:   its  May  raise  $20,. 

1111  J.  '  ,1  c    j^^      .       000,  and  pay  it  to 

bonds,   by   loan   or   tax,  may  raise   the    sum   01   twenty  trustees  under 
thousand    dollars    to   be   appropriated   and   paid   to   the  Thayerf^^'^°"* 
trustees    under    the    will    of    Sylvanus    Thayer,    late    of 
Braintree,  and  applied  to  the  purchase  of  land  and  the 
erection  of  buildings  for  the  school  provided  for  in  said  will. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  26,  1873. 

An  Act  to  incorporate  the  boston  and  Philadelphia  steam-  CJia7).46. 

SHIP   COMPANY.  ^  ' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Edward  S.  Tobey,  Edward  Whitney  and  corporators. 
Alfred  Winsor,  their  associates  and  successors,  are  made 
a  corporation  by  the  name  of  the  Boston  and  Philadelphia 
Steamship  Company;  with  all  the  powers  and  privileges,  Powers  and 
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  such  corporations. 

Section  2.     Said  company  may  build,  purchase,  char-  May  transport 
ter,  hold  and  convey  steamships,  and  employ  the  same  in  fixlght^brtweeu 
the  business  of  transporting  passengers  and  freight  between  ad°eiphia°an^^"' 
the  ports  of  Boston  and  Philadelphia  and  Providence  and  Fhuadeiphir'^ 
Philadelphia,  with  liberty  to  touch  at  intermediate  ports 
except  New  York ;  and  said  company  may  let  by  charter 
one  or  more  of  its  steamships  to  any  person  or  persons, 
provided  such  charter   does   not  prevent   said   company 
from  complying  with  the  terms  of  this  act. 

Section  3.     The  capital  stock  of  said  company  shall  <^^p''^i  ^to* 
not  exceed  one  million  live  hundred  thousand  dollars,  and 
shall  be  divided  into  shares  of  the  par  value  of  one  hun- 
dred dollars. 

Section  4.     Said  company  may  hold  such  real  estate  not  Real  estate. 


512  1873.— Chapters  47,  48,  49. 

exceeding  in  value  five  hundred  thousand  dollars,  as  may  be 
necessary  and  convenient  for  the  transaction  of  its  business. 
Company  to  be        SECTION  5.     If  Said  couipany  shall  not  havc  bccu  organ- 
within  one  year,  izcd  aud  havc  collcctcd  assessmcuts  of  at  least  ten  per 
shipsTo  bl'^em.'   cent,  ou  its  capital  stock,  within  one  year  from  the  passage 
t*wo  yeaTs"'''"     hcrcof,  and  shall  not  within  two  years  from  such  passage 
have  two  steamships  empLoyed  in  the  business  aforesaid, 
or  if  said  company  shall  thereafter  wholly  fail  for  the 
.period  of  one  year  to  employ  one  steamship  in  said  busi- 
ness, unless  prevented  by  war  with  foreign  powers,  then 
this  act  shall  be  null  and  void. 

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

A]}2yroved  February  26,  1873. 

QJlCCT). 4:7.   -^^    ^^^    '^^    AUTHORIZE    WILLIAM    HUMPHREYS    AND     EBENEZER     S. 
■^   '         *  TWISDEN   TO   EXTEND   THEIR    WHARVES   IN  MARBLEHEAD. 

Be  it  enacted,  &c.,  as  follows : 
May  extend  Section  1.     Llceuse  is  oriyeii  to  William  Humphreys 

■wh(ii*ve8  in  Mar-  ^  • 

biehead.  aud   Ebeuezcr   S.  Twisden   to  extend   their   wharves   m 

Marblehead,  subject  to  the  provisions  of  chapter  four 
hundred  and  thirty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine. 

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

Aiyproved  February  26,  1873. 

ChCl7?.4:S.  -^    ^^'^    '^^    AUTHORIZE    THE    NORTHAMPTON    AND    WILLIAMSBURG 
-^   *         *        STREET    RAILWAY    COMPANY   TO   CHANGE    ITS    NAME    AND    REDUCE 
ITS   CAPITAL   STOCK. 

Be  it  enacted,  &c.,  asfolloivs: 

Name  changed.  Section  1.  The  uamc  of  thc  Northampton  and  Wil- 
liamsburg Street  Railway  Company  is  changed  to  the 
Northampton  Street  Railway  Company. 

Capital  may  be        Section  2.     Said  compauv  may  rcducc  its  Capital  stock 

reduced  to  x        %/  %/  x 

$50,000.  to  fifty  thousand  dollars. 

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

Approved  February  26,  1873. 

CllCip.4Q.  -A-N  Act  to  authorize  the  newburyport  and  amesbury  horse 

RAILROAD   COMPANY   TO   LEASE  ITS   ROAD   AND   FRANCHISE. 

Be  it  enacted,  &c.,  as  follows : 
May  lease  road  Section  1.  Tlic  Ncwburyport  aud  Amcsbury  Horse 
Railroad  Company  may  lease  its  road  and  franchise  and 
contract  with  any  responsible  parties  for  the  operation  of 
its  road ;  but  such  lease  or  contract  shall  not  release  or 
exempt  said  company  from  any  duties,  liabilities  or  restric- 
tions to  which  it  would  otherwise  be  subject. 

Section  2.     This  act  shall  take  efiect  uj^on  its  passage. 

Approved  February  26,  1873. 


and  franchise. 


1873.— Chapter  50.  513 

An  Act  m  further  addition  to  an  act  making  APrnoPRiA-  Chap.  50. 

TIONS   FOR   THE   SIAINTENANCE   OF    THE   GOVERNMENT   DURING   THE 
PRESENT   YEAR. 

Be  it  enacted,  &c.,  as  follows : 

Sectiox  1.  The  sums  hereinafter  mentioned  are  ap-  Appropnatione. 
proprijftecl  for  the  purposes  specified,  to  be  paid  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- 
three,  to  wit : 

LEGISLATIVE    AND    EXECUTIVE    DEPARTMENTS. 

For   printinsT   and   binding   ordered  by  the   senate   or  Printing  and 

J;  O  ,  ~  ''  1  /»  J.1        binding  ordered 

house  of  representatives,  or  by  the  concurrent  order  ot  the  by  legislature. 
two  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  printinof  blanks  and  circulars  and  the  calendar  of  senate  blanks, 

ii.iin-\  /»ji  j_  J.  Circulars,  &c. 

orders  of  the  day  for  the  use  oi  the  senate,  a  sum  not 
exceeding  one  thousand  dollars. 

For   stationery  for  the  house  of  representatives,  pur- House  station- 
chased  by  the  clerk  of  the  house  of  representatives,  a  sum 
not  exceeding  two  thousand  two  hundred  dollars. 

For  print! no;  blanks  and  circulars  and  the  calendar  of  so^se  blanks, 

-1..T/.1  f     ^        ^  /»  J.        circulars,  &c. 

orders  ot  the  day  for  the  use  ot  the  house  ot  representa- 
tives, a  sum  not  exceeding  one  thousand  three  hundred 
dollars. 

For  books,  stationery,  printing  and  advertising  ordered  stationery,  &c., 
by  the  sergeant-at-arms  for  the  legislature,   a  sum   not  sergt'i-at-arms. 
exceeding  on6  thousand  dollars. 

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

firovcnior  rucI 

and  council,  a  sum  not  exceeding  one  thousand  dollars.        council. 
For  the  contingent  expenses  of  the  council,  a  sum  not  contingcTit  ex- 

^  *■  pciisos  of  the 

exceeding  one  thousand  five  hundred  dollars.  council. 

STATE   HOUSE. 

For  fuel   and  lights   for  the   state  house,  a  sum   not  state  house  fuei 
exceeding  six  thousand  five  hundred  dollars.  '   " 

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

For  contingent  expenses  of  the   senate  and  house   of  contingent  ex- 

~  A  •111        punses  of  senate 

representatives  and  necessary  expenses  in  and  about  the  and  house  of 

,    ,        ,  J  T  /•  J 1  -I     J.1  representatives. 

state   house,   a  sum  not   exceeding  tour  thousand  tliree 


514 


1873.— Chapter  50. 


Proviso. 


Printing  gener- 
al laws. 


Printing  and 
■binding  "Blue 
Book." 


Newspaper 
publication  of 
general  laws. 


Public  docu- 
ments. 


Term  reports. 


Supplement  to 
the  sceneral 
statutes. 


hundred  dollars  :  j>^'ovided,  that  no  part  of  such  sum  shall 
l)e  expended  for  stationery,  postage,  printing,  repairs  or 
furniture,  or  for  the  purchase  of  any  article  or  thing,  or  to 
eiFect  any  object  for  which  an  appropriation  is  otherwise 
made  in  this  act  or  in  any  other  act  which  may  be  subse- 
quently passed. 

STATE    PRINTING. 

For  printing  thirty-five  thousand  copies  of  the  pamphlet 
edition  of  the  general  acts  and  resolves  of  the  present 
year,  for  distribution  in  the  Commonwealth,  a  sum  not 
exceedinof  eight  thousand  dollars. 

For  printing  and  binding  four  thousand  five  hundred 
copies  of  the  "  blue  book  "  edition  of  the  acts  and  resolves 
of  the  present  year,  with  the  governor's  message  and  other 
matters,  in  the  usual  form,  a  sum  not  exceeding  eight 
thousand  dollars. 

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

For  printing  the  public  series  of  documents  in  the  last 
quarter  of  the  year  one  thousand  eight  hundred  and 
seventy-three,  under  the  direction  of  the  secretary  of  the 
Commonwealth,  and  for  binding  the  copies  to  be  distrib- 
uted 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  publishing  and  editing  the  supplement  to  the  Gen- 
eral Statutes  for  the  present  year,  as  authorized  by  chap- 
ter eighteen  of  the  resolves  of  the  year  eighteen  hundred 
and  sixty-seven,  a  sum  not  exceeding  five  hundred  dollars 
for  publishing,  and  two  hundred  dollars  for  editing  the 
same. 


Incidental  ex- 
penses— 
secretary. 


Treasurer. 


Tax  commis- 
sioner. 


INCIDENTAL   AND    CONTINGENT   EXPENSES. 

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

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

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


1873.— Chapter  50.  515 

For  expenses  of  the  auditor's  department,  the  same  to  Auditor. 
iuclude  expenses  attending  the  administration  of  the  law, 
providing  state  aid  for  Massachusetts  vohmteers  and  their 
families,  a  sum  not  exceeding  eight  hundred  dollars. 

For  incidental  and   contingent  expenses  of  the  insur-  insurance  com. 

^   .  T  ,  ,1  ^   missioner. 

ance  commissioner,   a  sum  not  exceeding  two  thousand 
seven  hundred  dollars. 

For  fees,  costs  and  court  exj^enses  of  the  attorney-gen-  Attorney -gen- 
eral, and  for  incidental  and  contingent  expenses  of  the 
office  of  the  attorney-general,  a  sum  not  exceeding  two 
thousand  dollars. 

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

MILITAEY. 

For  the  incidental  expenses  and  express  charges  of  the  ;^f}''|™h|^"-i 
adjutant-general,  a  sum  not  exceeding  two  thousand  five  expenses. 
hundred  dollars. 

For  militia  bounty,  a  sum  not  exceeding  one  hundred  MUitia  bounty. 
and  thirteen  thousand  dollars. 

For  military  accounts,  a  sum  not  exceeding  five  thou-  Military  ac 

J  '  D  counts. 

sand  dollars.       • 

For  expenses  of  the  bureau  of  the  quartermaster-e-en-  Quartermaster- 
era],  a  sum  not  exceeding  six  thousand  dollars. 

For  rent  of  armories,  a  sum  not  exceeding  twenty-five  Rentofarmor- 

'  o  t/  les. 

thousand  dollars. 

For   instruction,    orderly   and   roll-books,    a   sum   not  ftructlo°n^°' 
exceeding  three  hundred  dollars. 

For   exiDenses   of    the    commissioner    on   the    soldiers'  soidiers' ceme- 

tcricB* 

national  cemeteries  at  Gettysburg  and  Antietam,  a  sum  not 
exceeding  fifty  dollars. 

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

For  medical,  surgical  and  hospital  supplies,  and  con- Medical  sup. 
tingent  expenses  connected  therewith,  the  same  being  for 
use  of  the  state  militia,  a  sum  not  exceeding  five  hundred 
dollars. 

For  the  reimbursement  of  cities  and  towns,  for  money  Reimbursement 
paid  on  account  of  aid  to  Massachusetts  volunteers  and  b°y  due's  ani"*^ 
their  families,  a  sum  not  exceeding  five  hundred  and  forty  *°'^°*" 
thousand  dollars,  the  same  to  be  payable  on  the  first  day 
of  December,  in  the  year  eighteen  hundred  and  seventy- 
three. 


516 


1873.— Chapter  50. 


Soldiers'  boun- 
ties. 

Quartern!  as- 
ters' supplies. 

State  aid. 


For  the  payment  of  bounties  remaining  due  to  Massachu- 
setts soldiers,  a  sum  not  exceeding  two  thousand  dollars. 

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

For  the  payment  of  state  aid  as  authorized  in  sundry 
special  acts  and  resolves,  a  sum  not  exceeding  two  hun- 
dred dollars. 


Bounties  to 
societies. 


Personal  ex- 

Eenses  of  mem- 
ers  of  board. 


Secretary  of  the 
board. 


Incidental  ex- 
penses. 

Printing  report. 


AGRICULTURAL. 

For  bounties  to  agricultural  societies,  a  sum  not  ex- 
ceeding seventeen  thousand  nine  hundred  and  seventeen 
dollars. 

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

For  the  travelling  exj)enses  of  the  secretary  of  the  board 
of  agriculture,  all  postages  and  necessary  expenses,  a 
sum  not  exceeding  three  hundred  dollars." 

For  other  incidental  expenses  of  said  board,  a  sum  not 
exceeding  two  hundred  dollars. 

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


Distribution  of 
proclamations 
by  sheriflfs. 


Books  for  state 
libtary. 


Railroad  com- 
missioners. 


Commissioners 
on  public  lands. 


Harbor  com- 
missioners. 


MISCELLANEOUS. 

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

For  the  purchase  of  books  for  the  statQ  library,  two 
thousand  three  hundred  dollars,  to  be  expended  under  the 
direction  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 
lauds,  a  sum  not  exceeding  three  thousand  five  hundred 
dollars,  and  for  contingent  and  incidental  expenses  of  said 
commissioners,  a  sum  not  exceeding  five  hundred  dollars  ; 
said  sums  to  be  paid  from  the  moiety  of  the  proceeds  of 
sales  applicable  to  improvements.  And  the  residue  of 
said  moiety  is  hereby  appropriated  to  be  applied  and  used 
in  accordance  with  the  statutes. 

For  the  compensation  and  expenses  of  the  harbor  com- 
missioners, a  sum  not  exceeding  eleven  thousand  seven 
hundred  and  fifty  dollars. 


1873.— Chapters  51,  52.  517 

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

For  expenses  of  the  board  of  health,  a  sum  not  ex-  Board  of  health. 
ceeding  five  thousand  dollars. 

For  expenses   of  the  commissioner  of  corporations,  a  commissioner  of 

^  ,.  111111  corporations. 

sum  not  exceedmg  seven  hundred  dollars. 

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

Approved  March  3,  1873. 

An  Act  to  amend  chapter  one  hundred  and  fifty-eight  of  Chcip.^l.. 

THE  acts  of  the  YEAR  ONE  THOUSAND  EIGHT  HUNDRED  AND 

seventy-one. 
Be  it  enacted,  &c.,  as  follows : 

Section  1 .     Chapter  one  hundred  fifty-eio^ht  of  the  acts  Amendment  to 
of  one  thousand  eight  hundred  seventy-one,  is  amended       ' 
by  striking  out  section  two,  and  substituting  a  new  section, 
as  follows  : 

Said  road  commissioners,  in  matters  concerning  streets, 
ways,  bridges,  monuments  at  the  termini  and  angles  of 
roads,  guide-posts,  sidewalks,  shade-trees,  sewers  and 
drains,  shall  exclusively  have  the  powers  and  be  subject 
to  the  duties,  liabilities  and  penalties  of  selectmen  and 
surveyors  of  highways. 

Section  2.     The  said  road  commissioners  shall  have  Powers  in  reia. 
all  the  powers  and  privileges  conferred  upon  selectmen  in  buiidfng^nsT^ 
chapter  three  hundred  and  fourteen  of  the  acts  of  the  year  ^^*- 
eighteen   hundred   and   seventy,    in    relation    to   moving 
buildings  in  public  streets  and  highways. 

Approved  March  3, 1873. 

An  Act  in  addition  to  an  act  to  incorporate  the  holyoke  (JJiQ^p.^^. 

WATER  POWER   COMPAXY. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  doings  of  the  Holyoke  Water  Power  Doings  con- 
Company  in  the  manufacture  and  sale  of  gas  for  illuminat-  fion lo  StSing 
ing  purposes  in  the  town  of  Holyoke,  are  ratified  and  con-  s''*'^''- 
firmed  so  far  as  they  do  not  afiect  the  rights  of  persons  or 
corporations. 

Section  2.     The  Holyoke  Water  Power  Company  may  May  make  and 
manufacture  gas  in  the  town  of  Holyoke,  for  the  purpose  Hoi^ke? 
of  selling  the  same  for  light  in  said  town ;  with  all  the 
rights  and  privileges,  and  subject  to  all  the  restrictions  of 
gas-light  companies  organized  under  general  laws. 

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

Approved  March  3, 1873. 


518  1873.— Chaptees  53,  54,  55,  56. 

Chcip.53.   -^N  Act  to  repeal  chapter  one  hundred  and  seven  of  the 

ACTS  OF  THE  YEAR  ONE  THOUSAND  EIGHT  HUNDRED  AND  FIFTY- 
TWO,  RELATING  TO  THE  SALE  OF  PARSONAGE  PROPERTY  IN  THE 
PARISH   OF   WEST   TISBURY, 

Be  it  enacted,  &c.,  as  follows  : 
Repeal  of  1852,  SECTION  1.  Chapter  oiiG  hundred  and  seven  of  the  acts 
of  the  year  one  thousand  eight  hundred  and  fifty-two, 
entitled  "  An  Act  to  authorize  the  sale  of  Parsonage  Prop- 
erty in  the  Parish  of  West  Tisbury,"  is  repealed  :  provided, 
no  right  acquired  under  the  same  shall  be  afiected  by 
this  act. 

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

Apjjroved  March  5,  1873. 

Ohcip.54:.  An  Act  to  authorize  owen  bearse  to  construct  a  wharf  in 

QUINCY. 

Be  it  enacted,  &c.,  as  follows: 
May  construct  a      Section  1.     Liccuse  is  givcD  to  Owcn  Bcai'sc  to  con- 
Quincy.  struct  a  wharf  on  the  easterly  side  of  Neponset  River,  at 

Squantum,  in  Quincy,  subject  to  the  provisions  of  chapter 
four  hundred  and  thirty-two  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine. 

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

Approved  March  7,  1873. 

(Jh(ip.55.  An  Act  to  incorporate  the  south  framingham  camp-meeting 
^  association. 

Be  it  enacted,  &c.,  as  foUoios : 

Corporators.  SECTION  1.     William  Claflin,  Joseph  H.  Chadwick,  and 

Ebeu  Tourjee,  their  associates  and  successors,  are  made  a 

Name  and         corporatiou  by  the  name  of  the  South  Framingham  Camp- 

purpose.  Meeting  Association,  to  be  located  in  the  town  of  Fram- 

ingham, for  the  purpose  of  maintaining  annual  religious 

Powers  and  mcetiugs  iu  Said  town ;  with  the  powers  and  privileges 
and  subject  to  the  restrictions,  duties  and  liabilities  set 
forth  in  the  general  laws  which  now  are  or  may  hereafter 
be  in  force  and  ajjplicable  to  such  corporations. 

Real  and  per-      *    SECTION  2.     Said  corporatiou  for  the  purposes  named 
in  the  first  section,  may  hold  real  and  personal  estate  to 
an  amount  not  exceeding  one  hundred  thousand  dollars. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  7,  1873. 

Chap.  56.  An  Act  to  authorize  john  f.  dodge  and  others  to  construct 

A  WHARF  IN  QUINCY. 

Be  it  enacted,  &c.,  as  follows : 
wbLfinQu^ncy.      Section  1.     Liccuse    is    glvcu    to    John    F.   Dodge, 
George   H.   Burditt,   F.    B.    Beaumont,    George    Clark, 


1873.— Chapters  57,  58,  59.  519 

junior,  I.  P.  Clark  and  H.  N.  Holbrook,  to  construct  a 
wharf  on  the  easterly  side  of  Neponset  Kiver,  at  Squan- 
tum,  in  Quincy  ;  subject  to  the  provisions  of  chapter  four 
hundred  and  thirty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine. 

Sectiqn  2.     This  act  shall  take  eifect  upon  its  passage. 

Ajyj^roved  March  7,  1873. 
An   Act    to    change    the   name    of   the    wellesley    female  Chap.  57 . 

SEMINARY.  ■'■ 

Be  it  enacted,  &c.,  as  follows: 

Section  1 .     The  name  of  the  Wellesley  Female  Sem-  Name  changed. 
inary  is  changed  to  Wellesley  College. 

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

A])proved  March  7,  1873. 


An  Act  concerning  the  waiver  by  widows  of  the  provisions 
made  for  them  in  wills. 


Chaj).  5S. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     When  any  legal  proceeding  is  instituted,  Time  extended 
wherein  the  validity  or  effect  of  any  will  which  has  been  wid^ws^'ofpfo- 
proved  and   allowed  is  drawn  in  question,  the  probate  Sem^L'^^iu.^"' 
court  may  within  six  months  after  the  probate  of  such  will, 
on  petition  of  the  testator's  widow  and  after  such  notice  as 
the  court  shall  order,  authorize  such  widow  to  file  in  the 
probate  office  within  six  months  after  the  final  determina- 
tion of  said  legal  proceeding,  her  waiver  of  the  provisions 
of  the  will,  and  such  waiver  so  filed  shall  have  the  same 
legal  effect  as  if  filed  within  six  months  after  the  probate 
of  the  will. 

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

Aj)2)roved  March  7,  1873. 

An  Act  m  addition  to  an  act  to  incorporate  the  nickerson's  (JJiar)  no 

WHARF   company.  ^  * 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     The    Nickerson's   Wharf    Company   may  May  purchase 
purchase  and  hold  in  fee  simple  or  otherwise,  any  wharf  Tn^d^rlaUsute^ 
property  and  real  estate  adjoining  the  same  in  East  Bos-  ^°  ^^^^  Boston. 
ton,  subject  to  the  provisions  of  chapter  fifty-six  of  the 
acts  of  the  year  eighteen  hundred  and  seventy  :  provided,  Proviso. 
however,  that  nothing  in  this  act  shall  be  so  construed  as 
to  authorize   the    said   company  to   purchase  any  wharf 
property  or  real  estate  adjoining  the  same,  while  the  sale 
thereof  is  forbidden  by  any  injunction    of  the    supreme 
judicial  court  of  this  Commonwealth. 

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

Approved  March  8, 1873. 


520  1873.— Chapters  60,  61,  62,  63. 

(Jliap.  60.  An  Act  to  authorize  job  t.  wilson  to  construct  a  wharf  in 

FALL   RIVER. 

Be  it  enacted,  <fec.,  as  follows : 
Mayconstoict         SECTION  1.     Liceiise  is  given  to  Job  T.  Wilson  to  con- 
River,  struct  a  Avharf  in  Fall  River,  subject  to  the  provisions  of 
chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

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

Approved  March  8,  1873. 

Chctp.Qli.  An  Act  to  authorize  barnabas  clark  to  extend  his  wharf 

IN   fall  river. 

Be  it  enacted,  &c.,  as  follows: 
whLf°in^Fau'        Section  1.     Liceusc  is  given  to  Barnabas  Clark  to  ex- 
River,  tend  his  wharf  in  Fall  River,  subject  to  the  provisions  of 
chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

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

Approved  March  8,  1873. 

Ch(ip.Q2i.  An  Act  to  amend  the  charter  of  the  Gloucester  mutual 

fishing  insurance  company. 
Be  it  enacted,  &c.,  as  follows  : 
Amendment  to  Section  1 .  Thc  first  scctiou  of  the  thirty-sixth  chapter 
of  the  acts  of  the  year  eighteen  hundred  and  forty-seven, 
is  amended  in  the  sixth  line  by  striking  out  the  word 
"  fishing,"  and  inserting  in  place  thereof  the  word  "  Glou- 
cester," and  by  inserting  after  the  word  "  outfits "  the 
words  "and  cargoes." 

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

Approved  March,  8, 1873. 

Chap.QS.  An  Act  to  extend  the  charter  of  the  citizens'  mutual  in- 

SURANCE  company  in  the  town  of  BRIGHTON. 

Be  it  enacted,  &c.,  as  follows: 

Stended  Section  1.     The  act  of  the  year  one  thousand  eight 

hundred  and  forty-six  incorporating  the  Citizens'  Mutual 
Insurance  Company  in  the  town  of  Brighton,  shall  con- 
tinue in  force,  and  said  company  shall  continue  to  be  a 
corporation,  with  all  the  powers  and  privileges,  and  sub- 
ject to  all  the  duties,  restrictions  and  liabilities  set  forth  in 
the  General  Statutes  relating  to  such  corporations,  after 
the  expiration  of  its  present  charter,  in  all  respects  as  if 
the  act  incorporating  said  company  had  contained  no  limi- 
tation of  time. 

Real  estate  Section  2.     Said   Corporation  may,  for  its  own  use, 


1873.— Chapters  64,  65,  66.  521 

purchase  and  hold  real  estate  to  au  amount  not  exceeding 
fifty  thousand  dollars. 

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

Approved  March  8,  1873. 

An  Act  to  increase  the  capital  stock  of  the  union  hall  Chap.  64:. 

ASSOCIATION. 

Be  it  enacted,  <6c.,  as  follows: 

Section  1.     The  Union  Hall  Association,  at  such  times  May  increase 
and  by  such  amounts  as  the  stockholders  shall  determine,  '^^'^^  =*  ^  <><^  • 
may  increase  its  capital  stock,  but  the  whole  amount  of 
said  stock  shall  not  exceed  one  hundred  and  fifty  thou- 
sand dollars,  and  shall  be  divided  into  shares  of  the  par 
value  of  one  hundred  dollars. 

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

Apjyroved  March  8,  1873. 

An  Act   to   I^•coRPORATE   the   QL^NCY  point  street  railavay  07lCip.65. 

COMPANY.  -'■ 

Be  it  enacted,  &c.,  as  follotvs : 

Section  1.  Lemuel  Baxter,  John  Federhen,  H.  Far-  Corporators. 
nam  Smith  and  George  F.  Pinkham,  their  associates  and 
successors,  are  made  a  corporation,  under  the  name  of  the 
Quincy  Point  Street  Railway  Company  ;  with  authority  to  ^^^YeT  ^°*^ 
construct,  maintain  and  use  a  street  railway,  with  single  or 
double  tracks,  commencing  at  or  near  the  stone  meeting- 
house in  Quincy,  and  running  thence  to  that  pai-t  of  said 
Quincy  known  as  Quincy  Point,"  a  distance  of  about  two 
miles. 

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

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

Apiproved  March  8,  1873. 

An  Act  to  incorporate  the  east  boston  railroad  company,  (^lirirrx  (\Q 
Be  it  enacted,  &c.,  as  follows :  ■'■ 

Section  1.     Edward  G.  Nickerson,  Sereno  D.  Nicker-  corporators. 
son,  Ellis  W.  Morton,   Charles  W.  Galloupe  and  Isaac 
Pratt,  junior,  their  associates  and  successors,  are  made  a 
corporation  by  the  name  of  the  East  Boston  Railroad  Com- 
pany ;  with  all  the  powers  and  privileges,  and  subject  to  Powers  and 
all  the  duties,  liabilities  and  restrictions  set  forth  in  the  '^"*''''** 
general  laws  which  now  are  or  hereafter  may  be  in  force 
relating  to  street  railroad  corporations,  and  in  respect  to 
matters  not  therein  provided  for  the  said  corporation  shall 
be  subject  to  the  general  laws  applicable  to  other  railroad 
corporations. 


522 


1873.— Chapter  66. 


May  construct 
railroad  over 
public  streets, 
&c.,  in  East 
Boston  as  board 
of  aldermen  may 
determine. 


For  conveyance 
of  freight  only. 


Side  tracks  to 
the  wharves. 


May  connect 
■with  tracks  of 
other  railroads. 


Cars  to  be  drawn 
by  horse  power. 


May  fix  and  col- 
lect tolls. 


Proviso. 


Section  2.  Said  coiporation  may  locate  and  construct 
upon  and  over  such  public  streets  now  existing  and 
hereafter  to  be  laid  out  in  that  part  of  Boston  called  East 
Boston  as  the  board  of  aldermen  of  the  city  of  Boston  may 
from  time  to  time  determine,  and  upon  and  over  such  land 
as  may  be  necessary  to  connect  said  streets,  a  street  rail- 
road for  public  use  in  the  conveyance  of  freight  only,  and 
may  maintain  and  operate  the  same,  with  convenient  single 
or  double  tracks,  with  suitable  turnouts,  and  with  such 
other  tracks  as  said  board  of  aldermen  may  from  time  to 
time  permit ;  the  rails  for  such  tracks  to  be  of  such 
pattern  as  said  board  of  aldermen  may  prescribe,  and 
to  be  suitable  for  railway  freight  cars  in  common  use. 
Said  corporation  shall  have  the  right  also  to  construct,  use 
and  maintain  side  tracks  from  its  main  tracks  to  any 
wharf  or  wharves  or  warehouses  in  East  Boston  when 
requested,  in  writing,  so  to  do,  by  a  majority  in  interest 
of  the  owners  or  occupants  of  such  wharves  or  ware- 
houses :  provided,  hoivever,  that  no  side  track  shall  be  laid 
upon  a  public  street  to  any  wharf  or  warehouse  without 
the  approval  of  said  board  of  aldermen. 

Sectox  3.  Said  corporation  may,  in  the  manner  pre- 
scribed l)y  said  board  of  aldermen,  connect  its  tracks  Avith 
the  tracks  of  any  raih'oad  corporation  in  that  part  of  Bos- 
ton called  East  Boston,  and  every  such  railroad  corporation 
is  empowered  to  make  such  connections,  and  in  making 
such  connections  said  raih-oad  corporations  shall  have  all 
the  powers  and  be  subject  to  all  the  duties  and  liabilities 
set  forth  in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  railroad  corporations ;  and  it 
shall  be  the  duty  of  said  East  Boston  Railroad  Company 
to  receive  and  deliver  freight  cars  at  its  connections,  and 
to  haul  the  same  over  its  road  at  its  established  rates.  The 
cars  on  said  road  shall  be  drawn  by  horse-power,  but 
steam  or  other  power  may  be  used  if  sanctioned  by  said 
board  of  aldermen,  and  under  such  regulations  as  they 
may  prescribe. 

Section  4.  Said  corporation  shall  have  the  power  to 
fix  and  collect  such  tolls,  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 
dividend  of  iive  per  cent,  semi-annually  upon  the  actual 
cost  of  the  construction  and  equipment  of  the  road. 


1873.— Chapters  67,  6S.  523 

Section  5.     Said  corporation,  by  consent  of  said  board  May  enter  upon 
of  aldermen,  may,  within  its  authorized  limits,  and  for  of  other  raii- 

. ,  /»   7i   •  J  J  1  J.        /»  roads  with  con- 

the  purposes  oi  this  act,  enter  upon  and  use  any  part  oi  sent  of  mayor 
the  tracks  of  any  street  railroad  company,  and  may  suit-  '^"'^  aidermen. 
ably  strengthen  and  improve  such  tracks ;  and  if  the  cor- 
porations cannot  agree  upon  the  manner  and  conditions  of 
such  entry  and  use,  or  the  compensation  to  be  paid  there- 
for, the  same  shall  be  determined  in  accordance  with  the 
provisions  of  the  general  laws  relating  to  street  railway 
corporations. 

Section  6.     The  capital  stock  of  said  corporation  shall  Capital  stock. 
not  exceed  the  sum  of  two  hundred  thousand  dollars. 

Section  7.     The  board  of  railroad  commissioners  may.  Time  for  buiid- 
at  their  discretion,  extend  the  time  allowed  by  law  for  ex^Xli™''^^'' 
building  said  railroad  for  a  further  period,  not  exceeding 
one  year,  on  sufficient  cause  shown. 

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

Approved  March  8,  1873. 


An  Act  to   provide  for  a  sinking  fund  for  the  payment  of 
the  city  of  lowell  water  loan  bonds. 


Chap.  67. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .     The  city  of  Lowell  may  aj^propriate  and  ^oDe*!*!,®':  „„. 
raise  by  taxation,  annually,  such  a  sum  of  money  as  shall  »"ai  taxation  to 
be  deemed  expedient  by  the  city  council  of  said  city,  for  bond^'*  "^^ 
paying  the  city  of  Lowell  water  loan  bonds,  in  the  same 
manner  as  money  is  appropriated  and  assessed  for  other  city 
purposes  ;  and  said  sum  so  raised  from  year  to  year  shall 
be  set  apart  and  held  as  a  sinking  fund,  which,  with  the  To  be  set  apart 
accumulated  interest  thereon,  shall  be  devoted  and  applied  fund."""^'"" 
solely  toward  the  redemption  and  payment  of  said  bonds. 
Said  fund  shall  be  invested  and  managed  in  such  manner 
as  said  city  council  may  by  ordinance  provide. 

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

Approved  March  8,  1873. 

An  Act  to  authorize  the  town  of  everett  to  choose  a  board  ni^f,^  ao. 
OF  water  commissioners.  \yilup.\JO. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .     The  town  of  Everett  shall  at  its  next  an-  Water  commis- 
nual  meeting  choose  by  ballot,    a   board  of  three  water  ciToMfn.*"^'' 
commissioners,  one  of-  whom  shall  be  elected  to  serve  for 
one  year,  one  for  two  years,  and  one  for  three  years  ;  and 
annually  thereafter  said  town  shall  choose  by  ballot  one 
member  of  said  board  to  serve  for  three  years,  and  may 
also  by  ballot  fill  any  vacancies  which  may  occur. 
7 


524 


1873.— Chapters  69,  70. 


To  superintend 
construction  of 
worli.a,  and  es- 
tablish water 
rates. 


Repeal  of  1871, 
205,  §  3. 


Cha'p.  69. 

Corporators. 


N"ame  and  pur- 
pose. 

Powers  and 

duties. 


Real  and  per- 
sonal estate. 


Gliap.lO. 


Corporators. 


Name  and  pur- 
pose. 

Powers  and 

duties. 


Real  estate. 


Capital  stock 
and  shares. 


Section  2.  Said  board  shall  superintend  and  make 
rules  and  regulations  in  regard  to  the  construction  and 
maintenance  of  such  pipes,  aqueducts  and  structures  as  are 
authorized  by  chapter  two  hundred  and  five  of  the  acts  of 
eighteen  hundred  and  seventy-one,  but  said  town  may 
establish  the  prices  or  rents  to  be  paid  for  the  use  of  the 
water. 

Section  3.  Section  three  of  chapter  two  hundred  and 
five  of  the  acts  of  eighteen  hundred  and  seventy-one  is  re- 
pealed. 

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

Ax)proved  March  8,  1873. 

An  Act  to  incorporate  the  centrax  club  of  boston. 
Be  it  enacted,  &c.,  as  folloius  : 

Section  1.  Alexander  H.  Rice,  Charles  G.  Greene, 
Samuel  D.  Crane,  their  associates  and  successors  are  made 
a  corporation  by  the  name  of  The  Central  Club  of  Bos- 
ton, for  the  purpose  of  maintaining  a  reading-room,  and 
for  other  lawful  purposes  ;  with  the  powers  and  privileges, 
and  subject  to  the  duties,  liabilities  and  restrictions  set 
forth  in  the  general  laws  which  now  are  or  hereafter  may 
be  in  force  and  applicable  to  such  corporations. 

Section  2.  Said  corporation  may,  for  the  purpose 
aforesaid,  hold  real  and  personal  estate  to  an  amount  not 
exceeding  one  hundred  thousand  dollars. 

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

Ai^proved  March  8,  1873. 

An  Act  to  incokporate  the  boston  steam  supply  company. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  Joseph  Sawyer,  Sewall  H.  Fessenden, 
John  G.  Webster,  John  A.  Coleman,  Ellsworth  Torrey, 
their  associates  and  successors,  are  made  a  corporation  by 
the  name  of  the  Boston  Steam  Supply  Compan}',  for  the 
purjDose  of  supplying  steam  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,  relating  to  such 
corporations. 

Section  2.  Said  corporation  may,  for  the  purpose 
aforesaid,  at  any  time  within  two  years,  acquire  and  hold 
real  estate  not  exceeding  in  value,  five  hundred  thousand 
dollars,  and  the  capital  stock  shall  not  exceed  one  million 
dollars,  divided  into  shares  of  the  par  value  of  one  hun- 
dred dollars. 


1873.— Chapters  71,  72.  525 

Section  3.     The  said  corporation,  with  the  consent  of  May  dig  up 

•  •11  1^11  n        •  T      'J  T  1  xi        etreets  for  sink* 

the  board  oi  aldermen  ot  said  city,  may  dig  up  and  open  the  ing  pipes  with 
ground  in  any  of  the  public  streets,  lanes  and  highways  mayo" and 
in  said  city  for  the  purpose  of  sinking  and  repairing  such  aldermen. 
pipes  and  conductors  as  may  be  necessary  and  proper  to 
accomplish  the  purposes  specified  in  the  first  section ;  but 
such  consent  shall  not  afiect  the  right  or  remedy  to  recover 
damages  for  any  injury  caused  to  persons  or  property  by 
the  doings  of  such  corporation.  Said  coi-poration  shall 
put  all  such  streets,  lanes  and  highways  which  are  opened, 
into  as  good  repair  as  they  were  in,  prior  to  such  opening, 
and  upon  failure  so  to  do,  within  a  reasonable  time,  shall 
be  deemed  guilty  of  a  nuisance.  The  board  of  aldermen 
of  said  city  shall,  at  all  times,  have  power  to  regulate,  re- 
strain and  control  all  acts  of  the  said  corporation  which 
may  in  any  manner  affect  the  health,  safety,  convenience 
or  property  of  the  inhabitants  of  said  city. 

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

Approved  March  8, 1873. 


An  Act  to  ameito  the  charter  op  the  turner's  falls  land 

AND   improvement   COMPANY. 


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

Section  1.     Section  one  of  chapter  one  hundred  and  ^^®°o^^§^l.^ 
eight  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine  is  amended  by   striking  out   the    word  fifteen    and 
inserting  in  place  thereof  the  word  fifty. 

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

Approved  March  8,  1873. 


C7iap.72. 


An  Act  to  encrease  the  capital  stock  and  change  the  par 

VALUE    OF    the    SHARES   OF  THE  FREEMASONS'   HALL   ASSOCIATION 
IN  HAVERHILL. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .     The  Freemasons'  Hall  Association  in  Ha-  May  increase 
verhill,  at  such  times  and  by  such  amounts  as  the  stock-  '=''p^'^^  ^'°'=^- 
holders  shall  determine,  may  increase  its  capital  stock ; 
but  the  whole  amount  of  said  stock  shall  not  exceed  one 
hundred  thousand  dollars,  and  shall  be  divided  into  shares 
of  the  par  value  of  fifty  dollars. 

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

Approved  March  8,  1873. 


526  1873.— Chapters  73,  74,  75. 

Ch(X7).7S.  -^  ■^^'^  ^^^    '^^^    BETTER    PROTECTION    OF    PERSONS    EMPLOYED    IN 
-^  *         *  THE   STATE   PRISON. 

Be  it  enacted,  &c.,  as  follows  : 
Amendment  to        SECTION  1.     Sectiou  fifty-three  of  chapter  one  hundred 
■  '  ^^'   ^  ■    and  seventy-nine  of  the  General  Statutes  is  amended  by 
striking  out  the  words  "  government  or  custody  of  the." 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  8,  1873. 

Chan  74         ^  -'^^^  ^^  incorporate  the  tremont  market  company. 

Be  it  enacted,  &c.,  as  follows : 
Corporators.  SECTION  1.     Ezra  D.  "Wiuslow,  FraukUu  Haskins,  "Wil- 

liam C.  Greene,  their  associates  and  successors,  are  made 
Name  and  pur-  a  coi'poration  by  the  name  of  the  Tremont  Market  Com- 
^°^^'  pany,  for  the  purpose  of  purchasing  and  maintaining  a 

building  situated  on  Tremont  Street  in  Boston,  to  l)e  used 
for  a  market,  and  with  authority  to  let  any  portion  of  such 
building  not  so  used,  for  any  lawful  purpose. 
Capital  stock  SECTION  2.     The  Capital  stock  of  said  corporation  shall 

and  shares.        not  excccd  three  hundred  thousand  dollars,  and  shall  be 
divided  into  shares  of  the  par  value  of  one  hundred  dol- 
lars. 
Real  estate.  SECTION  3.     Said  corporatiou  may  hold  such  real  estate 

as  may  be  necessary  for  the  transaction  of  its  business,  not 
exceeding  in  value  the  amount  of  capital  actually  paid  in 
No  liability  to  be  in  cash  :  provided,  however,  that  no  liability  shall  be  in- 
Sooopaw  in.  curred  until  the  sum  of  one  hundred  thousand  dollars  of  its 
capital  stock  has  been  so  paid  in. 

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

Ap2)roved  March  12,  1873. 

Chart   rrr     AN  Act  TO  AMEND  AN  ACT   TO    SUPPLY  THE    CITY    OF    SPRINGFIELD 
KjllWJJ.  i  O.  WITH  WATER. 

Be  it  ejiacted,  &c.,  as  follows  : 
Springfield  may      SECTION  1.     lu  addition  to  the  sources  of  water-supply 
brooks'in  Lud-    named  in  section  one  of  chapter  three  hundred  and  forty- 
mi  345,  §  i.      five  of  the  acts  of  eighteen  hundred  and  seventy-two,  the 
city  of  Springfield  may,  in  accordance  with  the  provisions 
of  said  act,  take,  hold  and  convey  from  Higher  Brook  and 
Broad  Brook,  so  called,  in  the  town  of  Ludlow,  through 
Ludlow,  Wilbraham  and  Springfield,  sufficient  water  for 
the  purposes  mentioned  in  said  act  and  the  acts  in  addition 
thereto. 

Section  2.  The  city  of  Springfield,  by  and  through 
voiJ8'for''conect-  its  board  of  water  commissioners,  if  said  board  shall  deem 
ing^and  storing  -^  expedient,  may,  for  the  purpose  of  collecting  and  stor- 


1873.— Chapter  75.  527 

ing  water  and  equalizing  the  flow  of  water  in  the  Chicopee 
River,  make  and  maintain,  upon  or  near  said  river  or  the 
streams  flowing  into  the  same,  any  reservoirs,  dams  or 
other  suitable  structures,  and  may  take  and  hold,  by  pur- 
chase or  otherwise,  such  real  estate,  water,  water-rights  or 
easements  as  may  be  necessary  or  convenient  for  that  pur- 
pose ;  and  said  city  may  unite  and  agree  with  other  parties  May  unite  with 
interested  itf  the  water  of  said  river  in  making  and  main-  makLg'^Btract" 
taining  suitable  works  and  structures  for  their  joint  use  and  ^ge!  ^°^  ^"""^ 
benefit. 

Section  3.  Said  city  of  Springfield  shall  pay  all  dam-  Liability  for 
ages  to  which  any  persons  or  corporations  are  entitled  by  '^^'^^^es. 
reason  of  the  taking  of  any  lands,  water  or  water-rights,  or 
by  the  construction  or  repairing  of  any  dams,  aqueducts  or 
other  works  connected  with  its  water-supply.  In  estimat- 
ing such  damages,  allowances  shall  be  made  for  any  ad- 
vantage which  such  persons  or  corporations  may  receive 
from  the  water  supplied  by  means  of  compensating  dams 
and  reservoirs  as  herein  provided. 

If  any  persons  or  corporations  sustaining  damages  as  parties  dissatiB. 
aforesaid  cannot  agree  with  said  city  upon  the  amount  of  Mai  by^jur^.^  ^ 
such  damages,  they  may  have  them  appraised  by  the  coun- 
ty commissioners  for  the  county  of  Hampden,  by  making 
a  written  application  therefor  within  one  year  after  sus- 
taining such  damages  ;  and  either  party  aggrieved  by  the 
doino:s  of  said  commissioners  in  the  estimation  of  said  dam- 
ages,  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  cUiiming  damages  ;  and  the  said  commissioners  and 
jury  shall  have  the  same  powers,  and  the  proceedings  shall 
in  all  respects  be  conducted  in  the  manner  provided  in  the 
case  of  taking  land  for  highways.  If  any  persons  or  corpo- 
rations sufier  damage  by  reason  of  the  failure  of  said  city  at 
any  time  to  maintain  the  compensating  dams  and  reservoirs 
originally  provided,  they  may,  upon  application  to  the 
county  commissioners,  have  a  new  appraisal  of  damages, 
subject  to  a  like  appeal  to  a  jury. 

Section  4.     In  case  the  Chicopee  River,  or  any  of  its  May  supply 
branches  is  selected  as  the  source  of  water-supply  for  the  chlcople  Fails 
city  of  Springfield,  said  city,  with  the  written  consent  of  from* cwcop^e ° 
the  selectmen  of  Chicopee,  duly  authorized  thereto,  by  a  ^^^^'■• 
vote  of  the  town,  at  a  meeting  called  for  that  purpose,  may 
supply  the  villages  of  Chicopee  and  Chicopee  Falls,   or 


528 


1873.— Chapter  76. 


Vacancy  in 
board  of  com- 
missioners to  be 
filled  by  city 
council. 


Powers  granted 
in  1872,  345,  §  6, 
to  be  exercised 
by  city  council. 


either  of  them,  with  water,  upon  such  terms  and  conditions 
as  may  be  agreed  upon  by  and  between  the  water  commis- 
sioners of  said  city  and  the  selectmen  of  said  town  ;  and  for 
that  purpose  may  take  and  hold  real  estate  necessary  there- 
for, and  extend  its  pipes,  and  with  such  consent,  dig  up 
and  open  any  street  or  way  in  said  town  for  placing  and 
maintaining  such  pipes  and  aqueducts  as  may  be  necessary 
for  the  puri^oses  set  forth  in  this  section. 

Section  5.  In  case  a  vacancy  at  any  time  exists  in  the 
board  of  water  commissioners  of  said  city  of  Springfield, 
by  reason  of  death,  resignation  or  otherwise,  a  citizen  of 
Springfield  shall  be  elected  by  a  joint  vote  of  the  city  coun- 
cil of  said  city  to  fill  such  vacancy. 

Section  6.  The  rights,  power  and  authority  granted 
in  section  six  of  chapter  three  hundred  and  forty-five  of 
the  acts  of  eighteen  hundred  and  seventy-two,  shall  be 
exercised  by  the  city  council  of  the  city  of  Springfield, 
and  not  by  the  board  of  water  commissioners ;  and  all 
moneys  expended  and  liabilities  incurred  under  authority 
of  said  chapter  and  of  this  act,  shall  be  paid  from  the  city 
treasury  upon  proper  vouchers,  approved  by  said  board  of 
water  commissioners.  The  income  and  receipts  from  rents 
for  the  use  of  water,  shall  be  paid  by  the  water  commis- 
sioners, from  time  to  time,  and  as  often  as  once  in  six 
months,  into  the  city  treasury,  and  the  surplus  thereof, 
after  paying  all  necessary  expenses  of  maintaining  the 
aqueduct  and  conducting  the  business,  shall  be  used  for  the 
same  purposes  as  provided  in  section  seven  of  said  chap- 
ter. The  sinking  fund  created  by  said  section  shall  be 
held  by  three  trustees,  to  be  chosen  by  the  city  council  at 
such  times  and  for  such  terms  as  said  city  council  may  de- 
termine, and  said  trustees  shall  annually,  and  as  often  as 
said  city  council  shall  require,  render  an  account  of  all 
their  doings  in  relation  to  said  fund. 

Section  7.  All  acts  and  parts  of  acts  inconsistent  here- 
with, are  repealed. 

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

Approved  March  14, 1873. 

CJldV'^Q-        -^  '^'^^  ^*^   SUPPLY   THE   TOWN   OF  NATICK   WITH   PURE   WATER. 

Be  it  enacted,  &c.,  as  folloivs : 
Natickmaybe        Section  1.     The  towu  of  Natick  may  take,  hold  and 

supplied  with  />  -r\  -r»        1 

pure  water  from  couvcy  luto  aud  througli  Said  town,  from  Dug  Fond,  at 

"^  **"  '        any  convenient  point  upon  the  same,  within  said  town, 

sufficient  water  for  the  use  of  said  town  and  inhabitants, 


Income,  &c., 
from  rents  to  be 
paid  into  city 
treasury. 


Sinking  fund  to 
be  held  by  trus- 
tees. 


Repeal. 


1873.— Chapter  76.  529 

for  the  extinguishment  of  fires,  and  for  domestic  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 
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  Natick,  within  sixty  days  from  to  me  in  regis- 
the  time  it  takes  any  lands  for  the  purposes  specified  in  this  dXcriptfon  of 
act,  shall  file  in  the  registry  of  deeds  of  the  county  and  dis-  ^'^^^  **''^°- 
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,  Avhich  description  and  statement  shall  be  signed  by 
a  majority  of  the  selectmen  of  said  town. 

Section  3.  The  said  town  may  make,  build  and  lay  Maybuiid 
down  aqueducts  and  pipes  from  said  pond  to,  into,  through  dams  and'reser* 
and  about  said  town,  and  secure  and  maintain  the  same  by  [a^e  use  of  water. 
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,  maintain,  and  carry  on  such  other  works  as  may  be 
necessary  or  proper  for  raising  the  water  into  such  reser- 
voirs, and  for  forcing  and  distributing  it  through  and  about 
said  toAvu  ;  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  pur- 
poses for  which  the  same  may  be  used,  and  may  change  or 
discontinue  the  same ;  may  distribute  the  water  through- 
out said  town,  and  for  this  purpose  may  lay  down  pipes 
to  any  house  or  building  in  said  town,  the  owner  or  own- 
ers 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,  conduct  and  main- 
tain any  aqueducts,  pipes  or  other  works,  over,  under, 
through  or  across  any  water-course,  street,  bridge,  rail- 
road, 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. 


530 


1873.— Chapter  76. 


Right  to  be 
exercised  by 
■water  commis- 
sioners. 


"Natick  Water 
Scrip  "  may  be 
issued  not  ex- 
ceeding $200,000 
at  seven  per 
cent,  interest. 


Liability  for 


Parties  dissatis- 
fied may  liave 
trial  by  jury. 


Sectiox  4.  The  rights  and  powers  given  to  said  town 
by  this  act,  shall  be  exercised  by  it  subject  to  the  restric- 
tions, duties  and  liabilities  herein  contained,  in  such  man- 
ner and  by  such  commissioners,  officers  and  agents  as  said 
town  shall  from  time  to  time  choose,  appoint  and  direct. 
Such  commissioners,  officers  or  agents  shall  be  subject  to 
such  ordinances,  rules  and  regulations  in  the  execution  of 
their  trust  as  said  town  may  from  time  to  time  ordain  and 
establish,  provided,  the  same  are  not  inconsistent  with  the 
provisions  of  this  act  and  the  laws  of  the  Commonwealth. 

Section  5.  For  the  purpose  of  defraying  the  expenses 
which  may  be  incurred  under  the  provisions  of  this  act, 
the  town  of  Natick,  through  its  treasurer,  may,  from  time 
to  time,  issue  notes,  scrip  or  certificates  of  debt,  to  be  de- 
nominated on  the  face  thereof  Natick  Water  Scrip,  to  an 
amount  not  exceeding  two  hundred  thousand  dollars,  bear- 
ing interest  not  exceeding  seven  per  centum  per  annum, 
payable  semi-annually  ;  and  the  principal  being  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  such  notes,  scrip 
or  cei-tificates,  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 
may  further  make  appropriations  and  assess,  from  time  to 
time,  amounts,  not  exceeding  in  one  year  the  sum  of 
five  thousand  dollars,  towards  payment  of  the  principal  of 
the  money  borrowed  as  above,  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  6.  Said  town  of  Natick  shall  pay  all  damages 
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  corporation  sustaining  damages  as  aforesaid,  cannot 
agree  with  the  town  upon  the  amount  of  such  damages, 
they  may  have  them  assessed  by  the  county  commissioners 
for  the  county  of  Middlesex  by  making  a  written  applica- 
tion therefor  within  one  year  after  sustaining  such  dam- 
ages ;  and  either  part}^  aggrieved  by  the  doings  of  said 
commissioners  in  the  estimation  of  said  damages,  may  have 
the  same  settled  by  a  jury ;  and  if  the  damages  are  in- 


1873.— Chaptee  76.  531 

creased  b}'  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  commissioners  and  jury 
shall  have  the  same  powers,  an4  the  proceedings  shall  in 
all  other  respects  be  conducted  in  the  same  manner,  as  pro- 
vided in  case  of  taking  land  for  highways. 

Sectiox  7.  Said  town  may  also,  for  the  puiiDose  of  ^IJ^fof  coE 
collecting  water  and  supplying  the  same  to  said  pond,  "ig  water. 
make  and  maintain,  upon  or  near  said  pond,  or  the  streams 
flowing  into  the  same,  any  reservoirs,  dams  or  other  suita- 
ble structures,  and  may  take  and  hold,  by  purchase  or 
otherwise,  such  real  estate,  water,  water-rights  or  ease- 
ments as  may  be  necessary  or  convenient  for  that  purpose. 

Section  8.     If  any  person  shall  use  any  water  taken  Penalty  for  tm. 
under  this  act  without  the  consent  of  said  town,  or  shall  wrter,  wam^oliy 
wantonly  or  maliciously  divert  the  water,  or  any  part  there-  gamror^render- 
of,  taken  or  held  by  said  town,  pursuant  to  the  provisions  ing  it  impure. 
of  this  act,  or  corrupt  the  same  or  render  it  impure,  or 
destroy  or  injure  any  dam,  aqueduct,  pipe,  conduit,  hy- 
drant, 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  pim- 
ished  by  fine  not  exceeding  three  hundred  dollars,  or  by 
imprisonment  in  the  house  of  correction  not  exceeding  one 
year. 

Section  9 .     The  occupant  of  any  tenement  shall  be  lia-  occupant  and 
ble  for  the  payment  of  the  rent  for  the  use  of  water  in  such  mint  Habie  for 
tenement,  and  the  owner  shall  also  be  liable,  if,  on  being  "'^aterrent. 
notified  of  such  use,  he  does  not  object  thereto. 

Section  10.     The  water  taken  under  this  act  shall  not  water  may  be 

•11.  , .  .     /.  used  to  generate 

be  used  ni  any  way  as  a  motive-power,  except  for  gener-  steam. 
ating  steam. 

Section  11.     Nothing  in  this  act  shall  be  construed  to  Existing  rights 
affect  any  existing  right  of  said  town  to  draw  water  from  '^"^  ^S'^'^t^*^- 
said  pond. 

Section  12.     This  act  shall  take  effect  upon  its  passage,  subject  to  ae- 
and  shall  become  void  unless  accepted  by  a  majority  of  the  vo?errof  ui^ 
legal  voters  of  said  town,  present  and  voting  thereon,  at  a  ^'^^^' 
legal  meeting  held  within  two  years  from  the  passage  of 
this  act.  Approved  March  15, 1873. 


532 


1873.— Chaptee  77. 


Chap.77. 


Westborough 
may  be  supplied 
with  pure  water. 


May  take  water 
from  water- 
sources  within 
its  limits. 


May  erect  dams, 
lay  down  pipes, 


Liability  for 
damages. 


Parties 

aggrieved  may 
have  trial  by 
jury. 


An  Act  to  supply  the  toavn  of  westbobough  with  pure  water. 
Be  it  enacted,  &c.,  asfolloios: 

Section  1.  The  town  of  Westborough  may  supply 
itself  and  its  inhabitants  ^yith  pure  water  to  extinguish 
fires,  generate  steam,  and  for  domestic  and  other  uses ; 
may  establish  public  fountains  and  hydrants  ;  regulate  their 
use,  and  discontinue  the  same,  and  may  fix  and  collect 
rents  for  the  use  of  such  water. 

Section  2.  Said  town,  for  the  purposes  aforesaid,  may 
take  and  hold  the  waters  of  such  ponds  and  natural  water- 
sources  within  its  own  limits  as  will  give  a  sufficient  sup- 
ply of  water ;  and  may  also  take  and  hold  all  necessary  land 
for  raising,  holding  and  preserving  such  water  and  conveying 
the  same  to  any  and  all  parts  of  said  town ;  and  may  erect 
thereon  proper  dams,  buildings,  fixtures  and  other  struc- 
tures, and  make  excavations  and  procure  and  run  machinery 
therefor ;  and  for  that  purpose  may  construct  and  lay  down 
conduits,  pipes  and  other  works  under  or  over  any  water- 
course or  raih'oad,  and  along  any  street,  highway  or  other 
way  in  such  a  manner  as  when  completed  not  to  obstruct 
the  same ;  and  for  the  purpose  of  constructing,  laying 
down,  maintaining  and  repairing  such  conduits,  pipes  and 
other  works,  and  for  all  other  proper  purposes  of  this  act, 
may  dig  up  any  such  street,  highway  or  other  way  :  pro- 
vided^ that  within  sixty  days  after  the  time  of  taking  any 
land  or  water-sources  as  aforesaid,  said  town  shall  file  in  the 
registry  of  deeds  for  the  county  of  Worcester  a  description 
thereof  sufficiently  accurate  for  identification,  with  a  state- 
ment of  the  purpose  for  which  the  same  is  taken. 

Section  3.  Said  town  shall  be  liable  to  pay  all  dam- 
ages sustained  by  any  persons  in  their  property,  by  the 
taking  of  any  land,  water,  water-sources  or  water-rights,  or 
by  the  construction  of  any  aqueducts,  reservoirs  or  other 
works,  for  the  purposes  aforesaid.  If  any  person  sustain- 
ing 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  AYorcester, 
by  making  a  written  application  therefor  within  three  years 
after  the  taking  of  such  land  or  water-sources  or  other  in- 
jury done  as  aforesaid,  under  this  act ;  and  if  either  party 
be  aggrieved  by  the  doings  of  said  commissioners  in  the 
estimation  of  said  damages,  he  or  they  may  have  said  dam- 
ages settled  by  a  jury,  and  said  commissioners  and  jury 
shall  have  the  same  powers  and  the  proceedings  in  all 


1873.— Chapter  77.  533 

respects  shall  be  conducted  in  the  same  manner  as  is  pro- 
vided by  law  with  respect  to  damages  for  land  taken  for 
highways. 

Sectiox  4.     For  the  purpose  of  paying  all  necessary  "Westborovgh 

T    ,.    ,  .,.^.  .^        ^        T  n^       iU  •    •  £■  Water  Bonds" 

expenses  and  liabilities  incurred  under  the  provisions  ot  may  be  issu  d 
this  act,  said  town  may  issue  bonds  signed  by  its  treasurer  towrvaTulufn. 
and  denominated  ""Westborough  "Water  Bonds,"  to  an 
amount  not  exceeding  five  per  centum  of  its  valuation,  pay- 
able at  periods  not  exceeding  thirty  years  from  the  date 
thereof,  with  interest  payable  semi-annually,  at  a  rate  not 
exceeding  seven  per  centum  per  annum ;  and  said  town 
may  sell  said  bonds  at  public  or  private  sale,  upon  such 
terms  and  conditions  as  it  may  deem  proper ;  and  may 
raise  money  by  taxation  to  pay  said  bonds  and  interest, 
■when  due  ;  but  said  town  shall  not  raise  more  than  five 
thousand  dollars  in  any  one  year  to  pay  the  principal  of 
said  bonds,  except  the  year  on  which  the  same  may  become 
due  ;  and  all  money  raised  for  the  purpose  of  paying  said 
principal  before  the  same  is  due,  shall  be  held  and  invested 
by  said  town  as  a  sinking  fund  for  the  payment  of  such 
principal. 

Section  5 .  Three  persons  to  be  elected  by  ballot  by  the  Rights  to  be  es- 
iuhabitants  of  said  town  as  hereinafter  provided  shall  co^issio^rB!"^ 
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  gi'anted  and  not 
otherwise  specifically  provided  for  herein,  subject  to  the 
vote  of  the  town.  At  any  meeting  of  the  inhabitants  of 
said  town  called  for  the  purpose,  one  of  said  board  of 
water  commissioners  shall  be  elected  for  a  term  of  one 
year,  one  for  a  term  of  two  years,  and  one  for  a  term  of 
three  years ;  but  if  chosen  at  any  special  meeting  of  the 
inhabitants  of  said  toAvn,  the  terms  of  the  several  commis- 
sioners shall  expire  in  one,  two,  and  three  years,  from  the 
next  succeediuo;  annual  town-meetinoj ;  after  which  first 
election  one  member  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 
compensation  or  salaries  as  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  pre- 
scribed by  this  act. 


^534  1873.— Chapters  78,  79. 

dhrmin  *°water  SECTION  6.  Aiij  persoH  who  sliall  maliciously  divert 
or  rendering  it  the  Water,  or  aiij  part  thereof,  taken  and  used  under  the 
impure.  jDrovisious  of  this  act,  or  who  shall  maliciously  corrupt  the 

same  or  render  it  impure,  or  who  shall  maliciously  destroy  or 
injure  any  dam,  aqueduct,  pipe  or  hydrant,  or  other  proper- 
ty, real  or  personal,  held,  owned  or  used  by  said  town  for  the 
purposes  of  this  act,  shall  pay  three  times  the  actual  dam- 
ages to  said  town,  to  be  recovered  by  an  action  of  tort ; 
and  every  such  person  on  conviction  of  either  of  the  ma- 
licious acts  aforesaid  shall  be  punished  by  fine  not  exceed- 
ing one  hundred  dollars,  and  imprisonment  not  exceeding 
six  months. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

AjJi^roved  March  15,  1873. 

ChaV   78     ^  ■^'^'^  '^^  AUTHORIZE  THE  TOWN  OF  WO  BURN  TO    ISSUE    ADDITION- 
^'         '  AL  WATER  BONDS. 

Be  it  enacted,  <fcc.,  as  follows  : 
^loo.ooo'addi.         Section  1.     The  town  of  Woburn,  for  the  purposes 
tionai'' Water    meutioued  iu  the  sixth  section  of  chapter  three  hundred 
1871, 307,  §  6.      and  seven  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-one,  may  issue  bonds  to  an  amount  not  exceeding 
one  hundred  thousand  dollars,  in  addition  to  the  amount 
therein  authorized,  to  be  issued  upon  like  terms  and  con- 
ditions and  with  like  powers  in  all  respects,  as  are  pro- 
vided ill  said  act  for  the  issue  of  bonds  of  said  town. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  15,  1873. 

ChaV   79     ^  "^^^  ^^  AUTHORIZE   THE  BOSTON  AND  MAINE  RAILROAD  COMPANY 
^  '         '  TO  CONSTRUCT  A   WHARF  IN  SOMERYILLE. 

Be  it  enacted,  &c..  as  follows  : 
Raiiro"!' may°^  Section  1.  Liccuse  is  granted  to  the  Boston  and  Maine 
ponstructwharf  Railroad  Company  to  build  a  wharf  in  Somerville,  on  the 
southerly  side  of  Mystic  River,  on  the  easterly  side  of  its 
bridge,  and  north-westerly  from  the  Eastern  Railroad 
bridge,  and  within  aline  drawn  from  a  point  on  the  east- 
erly side  of  said  Eastern  Raih'oad  bridge,  distant  three 
hundred  and  seventy-five  feet  north-easterly  from  the  north- 
easterly corner  of  the  solid  abutment  of  the  last-named 
bridge,  on  the  southerly  side  of  the  channel,  and  running 
north-westerly  in  a  straight  line  to  a  point  on  the  easterly 
side  of  the  Bostcfn  and  Maine  Railroad  bridge,  distant  six 
hundred  and  twenty-five  feet  northerly  from  the  north- 
easterly corner  of  the  solid  abutment  of  the  last-named 
bridge,  on  the  southerly  side  of  the  channel,  subject  to  the 


1873.— Chapters  80,  81,  82.  535 

provisions  of  chapter  four  hundred  and  thirty-two  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-nine. 

Section  2.     The  Boston  and  Maine  Kailroad  Company  Ta pay  for  land 

n      -i  ,     ,        ly  11°"'  ^**^  belong- 

shall  pay  into  the  treasury  oi  the  state  tor  any  land  or  ing  to  the  state. 
flats  covered  by  said  wharf,  belonging  to  the  Common- 
wealth, such  reasonable  and  proper  sum  as  the  governor 
and  council  may  determine ;  provided,  that  the  harbor  Proviso, 
commissioners  shall,  in  the  approval  of  plans  for  said 
wharf,  require  to  be  made  a  sufficient  passage-way  for 
sewerage  and  surface  water  across  the  same  in  continua- 
tion of  the  culvert  under  said  Boston  and  Maine  Rail- 
road. 

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

Ajij^roved  March  15, 1873. 

An  Act  to  confirm  the  location  of  the  boston,  clinton  and  /^^^/^  QQ 

FITCHBURG  RAILROAD  IN   THE   TOWN   OF   FRAMINGHAM,  KyflUJJ.Oyj. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  location  of  a  portion  of  the  Boston,  Location  con. 
Clinton  and  Fitchburg  Railroad  in  the  town  of  Framing-  ratm.fdf"'^ 
ham,  tiled  by  the  directors  of  said  railroad  company  on  the 
third  day  of  August,  in  the  year  eighteen  hundred  and 
seventy-two,  with  the  county  commissioners  of  the  county 
of  Middlesex,  is  ratified  and  confirmed  to  all  intents  and 
purposes,  as  the  legal  location  of  said  portion  of  said  road. 

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

Approved  March  15,  1873. 
An  Act  relating  to  the  tyngsborough  and  brookline  railroad  (JJidj)^  gj, 

COMPANY.  "' 

Be  it  enacted,  &c.,  asfolloius: 

Section  1.     The  times   allowed   for   the  location  and  i^^fjn^and 
construction  of  the  Tyuo:sborouo;h  and  Brookline  Railroad,  construction 

/>!•  ••!  I?i  ^  -\       -I  1   extended. 

as  set  forth  in  section  eight,  oi  chapter  one  hundred  and 
seventy-six  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-one,  are  extended  two  years. 

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

Approved  March  15,  1873. 

An  Act  to  extend  the  time  for  the  location  and  construc- 
tion OF  THE  FRAMINGHAM  AND  LOWELL  RAILROAD. 

Be  it  enacted,  &c.,  asfolloius: 

Section  1.     The  time  for  locating  and  constructing  the  Time  for 
Framingham  and  Lowell  Railroad  is  extended  to  the  first  con'^stractlon 
day  of  July,  in  the  year  eighteen  hundred  and  seventy-  extended. 
four. 


CJiap.82, 


536  1873.— Chapters  83,  84,  85. 

Not  authorized       Sectiox  2.     Nothiiio^  lierein   contained  shall  continue 

to  take  addi-  /•         •  i 

tionai  land  from  or  cxtend  thc  powci'  01  saiQ  Company  to  take  or  occupy, 
road.  ^'^   ^     or  authorize  it  to  take  or  occupy  any  land  now  owned  by 
the  Fitchburg  Railroad  Company,  or  included  in  its  loca- 
tion, not  already  taken  or  located  upon  by  said  Framing- 
ham  and  Lowell  Railroad  Company. 

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

Approved  March  15,  1873. 

Chap. 83.  -^  ^CT   TO   AUTHORIZE   THE   WORCESTER    JfUTUAL    FIRE    INSURANCE 

COMPANT  TO  HOLD  REAL  ESTATE. 

Be  it  enacted,  &c.,  asfoUotvs: 

MtJt^not^x!         Section  1.     The   "Worcester    Mutual    Fire    Insurance 

centof  casr*^     Compauy  may  purchase  and  hold  real  estate  in  the  city  of 

aaseta.  Worccstcr,  to  au  auiouut  not  exceeding  twenty-five  per 

centum  of  its  cash  assets,  to  be  used  wholly  or  in  part,  for 

the  business  purposes  of  the  company. 

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

Approved  March  15,  1873. 

ChCLV.  84.   ^  -^^^    '^^    EXTEND   THE    CHARTER    OF   THE    SOUTH    DANVERS    MU- 
"'         *  TUAL   FIRE  INSURANCE   COMPANT. 

Be  it  enacted,  &c.,  as  follows : 
^tended.  Section  1.     The  chartcr  of  the  South  Dan  vers  Mutual 

Fire  Insurance  Company  is  amended  by  striking  out  the 
words  limiting  its  duration ;  and  said  corporation  shall 
continue  in  existence  with  the  powers  and  privileges,  and 
subject  to  the  restrictions,  duties  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  and  applicable  to  such  corporations. 

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

Apiproved  March  15,  1873. 


Chap.  85. 


An  Act  to  extend  the  charter  of  the  annisquam  mutual 

fire  insurance  company. 
Be  it  enacted,  &g.,  asfolloivs: 
extended.  SECTION  1.     The   charter   of    the   Annisquam   Mutual 

Fire  Insurance  Compauy  is  amended  by  striking  out  the 
words  limiting  its  duration ;  and  said  corporation  shall 
continue  in  existence  with  the  powers  and  privileges,  and 
subject  to  the  restrictions,  duties  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be  in 
force  and  applicable  to  such  corporations. 

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

Apiproved  March  15, 1873. 


1873.— Chaptees  86,  87,  88,  89.  537 

Ax  Act  to  extend  the  charter  of   the  city   siutual   fire  (JJinj)  gg 

INSURANCE  COMPANY.  .  1  '         ' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  charter  of  the  "City  Mutual  Fire  charter 
Insurance  Company,"  established  in  the  city  of  Roxbury, 
is  amended  by  striking  out  the  words  limiting  its  duration  ; 
and  said  corporation  shall  continue  in  existence  with  the 
powers  and  privileges  and  subject  to  the  restrictions, 
duties  and  liabilities  set  forth  in  the  general  laws  which 
now  are  or  hereafter  may  be  in  force  and  applicable  to  such 
corporations. 

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

Ajjproved  March  15,  1873. 
An  Act  to  extend  the  charter  of  the  merrimack  mutual  njinrt  87 

FIRE   INSURANCE   COMPANY.  ^  * 

Be  it  e7iacted,  &c.,  asfollovjs: 

Section  1 .  The  charter  of  the  Merrimack  Mutual  Fire  charter 
Insurance  Company  is  amended  by  striking  out  the  words  '^^'^'^  ^  ' 
limiting  its  duration ;  and  said  corporation  shall  continue 
in  existence,  with  the  powers  and  privileges  and  subject 
to  the  restrictions,  duties  and  liabilities  set  forth  in  the 
general  laws  which  now  are  or  hereafter  may  be  in  force 
and  applicable  to  such  corporation. 

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

Approved  March  15,  1873. 
An   Act   to    increase    the   salary    of   the    sheriff    of   the  ni^r,^  QQ 

COUNTY  OF  WORCESTER.  KjltUJJ.OO, 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     From   the   first   day  of  January   of  the  Salary  fixed  at 
present  year,  the  sheriff  of  the  county  of  Worcester  shall  ^'^'^'^  ^  ^^^^' 
receive,  in  quarterly  payments,  an  annual  salary  of  twenty- 
five  hundred  dollars. 

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

Approved  March  15,  1873. 
An  Act  to  establish  the  salary  of  the  assistant  district-  f~ij         qq 

ATTORNEY  FOR  THE  SUFFOLK  DISTRICT.  KjllCtp.oJ, 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     From  the   first   day   of   January  of  the  saiary  fixed  at 
present  year,  the  salary  of  the  assistant  district-attorney  ^^'^^  ^  ^^^^' 
for  the  Suffolk  district,   shall  be   at    the    rate   of  three 
thousand  dollars  a  year,  to  be  paid  to   him  out  of  the 
treasuiy,  in  monthly  payments. 

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

Approved  March  15, 1873. 


538  1873.— Chapters  90,  91,  92. 

Chap.90. 


$1,500  a  year. 


An  Act  to  fix  the  salary  of  the  treasurer  of  the  county 

of  bristol. 
Be  it  enacted,  &c.,  as  follows  : 
Salary  fi^ed^at        SECTION  1.     From   the   fii'st    claj   of  Janiiaiy  of  the 
present  year,  the  treasurer  of  the  county  of  Bristol  shall 
receive,  in  quarterly  payments,  an  annual  salary  of  fifteen 
hundred  dollars. 

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

Approved  March  15, 1873. 

G7i«7?.91.   ^  -^CT    ALLOWING    THE    FALL    RIVER    ORPHAN    ASYLUM    AND    THE 
■'■  '         '        children's   friend   SOCIETY   TO   UNITE   UNDER  THE  NAME   OF   THE 
children's   HOME   OF  FALL  RIVER. 

Be  it  enacted,  &c.,  as  folloius: 
nnueandbeone      Section  1.     The  Fall  Rlvcr  Orphan  Asylum  and  the 
corporation        Children's  Friend  Society,  both  of  Fall  Eiver,  may  unite 

under  name  of  .  i  i  ^ii  j 

Children's         at  such  tunc  and  on  such  terms  as  may  be  mutually  agreed 

RiTr."  '^  upon;  and  when  thus  united  said  corporations  shall  consti- 
tute one  corporation,  under  the  name  of  the  Children's 

Proviso.  Home  of  Fall  River ;  provided,  however,  that  the  terms  of 

such  union  shall  be  approved  by  each  corporation  by  a 
majority  of  the  members  present  and  voting  at  meetings 
duly  called  for  that  purpose  at  which  a  quorum  shall  be 
represented. 

First  meeting  of  Section  2.  The  first  meeting  of  the  corporation 
formed  by  the  union  aforesaid,  shall  be  called  in  such 
manner  as  may  be  agreed  upon  by  the  corporations  afore- 
said previous  to  the  union,  or  in  the  mode  provided  for 
calling  the  first  meetings  of  corporations  organized  under 

Powers  and  thc  General  Statutes :  and  the  corporation  formed  as 
aforesaid  shall  have,  hold,  possess  and  enjoy  all  the 
powers,  privileges,  rights,  franchises,  property  and  estates 
which  at  the  time  of  such  union  may  he  held  and  enjoyed 
by  each  of  the  corporations  so  united,  and  shall  be  subject 
•to  all  the  duties,  liabilities  and  restrictions  to  which  each 
may  at  that  time  be  subject. 

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

Ax)p>roved  March  15,  1873. 

CliaV   92.       ^^  ^^'^  "^^  INCORPORATE   THE  MIDDLEBOROUGH   SAVINGS   BANK. 

Be  it  enacted,  &c.,  asfolloivs: 
Corporators.  Section  1.     Evcrctt    Robluson,    Noah     C.     Perkins, 

Abner  L.  Westgate,  their  associates  and  successors,  are 
Name.  made  a  corporation  by  the  name  of  the  Middleborough 

Savings  Bank,  to  be  located  in  the  town  of  Middleborough  ; 

with  the  powers  and  privileges,  and  subject  to  the  duties, 


1873.— Chapters  93,  94,  95,  96.  539 

restrictions   and  liabilities  set  forth  in  the  general  laws,  Powers  and 
which  now  are  or  may  hereafter  be  in  force  and  applicable 
to  such  corporations. 

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

Approved  March  15, 1873. 

An  Act  authorizing  the  ^o^v^  of  edgartoa^^  to  purchase  QJidr^.Q^, 

THE  FRANCHISE  OF  THE  PROPRIETORS  OF  JMATTAKEESETT  CREEKS.  ^  ' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  town  of  Edgartown  may  purchase  the  May  purchase 
franchise  of  the  proprietors  of  the  Mattakeesett  Creeks,      proprietor  of "^ 

Section  2.     Chapter  one  hundred  and  fifty  of  the  acts  crec^s"''^'^'^*''" 
of  the  year  eighteen  hundred  and  sixty-three  is  repealed.    Repeal  of  ises, 

Section  3.     The  first  section  of   this    act    shall   take  ^^^len  to  take 
effect  upon  it  passage ;  and  the  second  section  shall  take  '^^^'^^' 
effect  whenever  the  purchase  provided   for   in   the   first 
section  is  completed  and  a  certificate  thereof  filed  in  the 
office  of  the  secretary  of  the  Commonwealth. 

Approved  March  15, 1873. 
An  Act  in  relation  to  the  reports  of  the  inspectors  of  the  z^/,^.,^  04. 

STATE  PRISON.  KyflUJJ.J^. 

Be  it  enacted,  &c.,  as  follows: 

The  report  of  the  inspectors  of  the  state  prison  to  the  Report  to  be 

1  •!  •        1    1  1         J.         ^1  1  IT    submitted  on  or 

governor  and  council,  required  by  chapter  three  hundred  before  oct.isth. 
and  three  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-four,  shall  hereafter  be  submitted  to  the  secretary  of 
the    Commonwealth    on    or   before    the   fifteenth  day    of 
October,  annually.  Approved  March  15, 1873. 


Chap.  95. 


An   Act  to  enable  towns  to  abolish  the  school  district 

SYSTEM, 

Be  it  e7iacted,  &c.,  as  follows: 

Section  1 .     Any  town  in  which  the  school  district  sys-  Town  may 

J  .,  iTiji  1  J  i,  abolish  school 

tern  now  exists,  may  aboush  the  same,  by  vote,  at  a  town  district  system. 
meeting,  called  for  the  purpose  ;  and  such  town  shall  there- 
after be  subject  to  the  provisions  of  chapters  one  hundred 
and  ten  and  four  hundred  and  twenty-three  of  the  acts  of 
eighteen  hundred  and  sixty-nine. 

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

Approved  March  15, 1873. 
An  Act  concerning  the  Worcester  and  Shrewsbury  railroad  /^t,^,^-,  (\a 

C03IPANY.  ^tlUJJ.^J^. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     The  Worcester  and  Shrewsbury  Railroad  ^^-y  locate 

r\  1  'i  '      ±'  '  ijT  ..1     tracks  with  con. 

Company,  when  its  organization  is  completed,  may,  with  sent  of  board  of 

aldermen. 
9 


540 


1873.— Chapters  97,  98. 


Proviso. 


Motive-power. 


Chap.^l. 


Kepeal  of  por- 
tion of  1869,  242, 
§§  1,  5. 


Amendment  to 

1869,242,  §§  3,4,7. 


Chap.98. 

Commissioners 
to  investigate 
causes  of  acci- 
dent  on  rail- 
roads. 


To  be  notified 
by  railroad 
witbin  twenty- 
four  hours  of 
occurrence  of 
accident. 


the  consent  of  the  board  of  aldemen  of  the  city  of  Wor- 
cester, locate  and  use  its  tracks  in  any  of  the  public  streets 
of  said  city,  subject  to  the  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  street  railway  compa- 
nies ;  provided,  said  tracks  shall  not  be  laid  in  any  street 
occupied  by  the  tracks  of  the  Worcester  Street  Railway 
Company  except  with  its  consent. 

Section  2.  Said  railroad  company  shall  use  only  such 
motive-power  on  its  tracks  located  in  said  streets,  as  the 
board  of  aldermen  of  said  city  may  from  time  to  time 
permit. 

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

Approved  March  24,  1873. 

An  Act  to  amend  an  act  relating  to  the  w^lliamstown  and 

hancock  railroad  company. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  first  and  fifth  sections  of  chapter  two 
hundred  and  forty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine,  except  so  much  of  the  first  section 
as  revives  the  act  to  incorporate  the  Williamstown  and 
Hancock  Railroad  Company,  are  repealed. 

Section  2.  The  third,  fourth  and  seventh  sections  of 
said  act  are  amended  by  striking  out  from  each  of  said  sec- 
tions the  words  "Lebanon  Springs  Railroad  Company," 
and  inserting  in  place  thereof  the  words  "  Williamstown 
and  Hancock  Railroad  Company." 

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

Approved  March  24, 1873. 

An  Act  concerning  accidents  on  railroads. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  board  of  railroad  commissioners  shall 
investigate  the  causes  of  any  accident  on  a  railroad  result- 
ing in  loss  of  life,  and  of  any  accident  not  so  resulting, 
which,  in  their  judgment,  shall  require  investigation. 

Section  2.  Notice  of  the  occurrence  of  any  accident 
upon  a  railroad,  resulting  in  loss  of  life,  and  of  any  acci- 
dent not  so  resulting,  of  which  the  board  of  railroad  com- 
missioners shall,  by  general  regulation,  require  notice, 
shall  be  given  to  said  board  by  the  corporation  operating 
the  road  upon  which  such  accident  occurs,  and  within 
twenty-four  hours  thereafter ;  and  a  corporation,  for  each 
omission  to  give  such  notice,  shall  be  liable  to  a  penalty  of 
one  hundred  dollars,  to  be  recovered  by  indictment. 


1873.— Chapter  99.  541 

Section  3.     Section  fourteen  of  chapter  four  hundred  Ijjs^j'^u"^-^^^^' 
and  eight  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine  is  repealed.  Apiirovecl  March  24, 1873. 

An  Act  to  incorporate  the  concord  free  public  library.      Hlinv)  QQ 
Be  it  enacted,  &c.,  as  folloivs  :  ^ 

Section  1.     Ebenezer   R.    Hoar,    Grindall    Reynolds,  corporators. 
George  M.  Brooks,  George  Keyes  and  Henry  F.  Smith, 
and  their  successors,  are  made  a  corporation  by  the  name  Name  and  pur. 
of  the  Concord  Free  Public  Library,  for  the  formation  and  p°*®* 
maintenance  of  a  public  library  in  Concord ;  with  all  the  powers  and 
powers  and  privileges,  and  subject  to  all  the  duties  andlia-  *^'^*'^^" 
bilities  set  forth  in  the  general  laws  which  now  are  or  here- 
after may  be  in  force  and  applicable  to  such  corporations. 

Section  2.     Said  corporation  may  hold  real  and  per-  Real  and  per- 
sonal estate  to  the  amount  of  two  hundred  thousand  dol-  ^^"^^ 
lars,  for  the  purposes  aforesaid,  in  addition  to  books  and 
objects  of  curiosity  and  art. 

Section  3.     The  corporation  shall  consist  of  five  mem-  corporation  to 
bers,  of  Avhom  at  least  four  shall  be  citizens  of  the  town  members. 
of  Concord.     Whenever  a  vacancy  occurs  in  the  number 
of  corporators,  by  death,  resignation  or  removal  from  the 
town,  the  remaining  members  shall  fill  the  same ;  and  in 
case  they  fail  to  elect  a  person  to  fill  the  vacancy  within  vacancies, 
three  months  from  the  time  such  vacancy  occurs,  it  shall 
be  competent  for  the  judge  of  probate  of  the  county  of 
Middlesex,  or  in  case  of  his  disqualification,  for  the  person 
empowered  by  law  to  act  in  his  stead,  upon  the  application 
of  any  inhabitant  of  Concord,  to  fill  such  vacancy.     And 
a  majority  of  the  members  of  the  corporation  may  at  any 
time,  with  the  approval  of  the  judge  of  probate  aforesaid, 
remove  a  member  of  the  corporation,  and  the  vacancy  thus 
occasioned  shall  be  filled  as  in  other  cases. 

Section  4.     The  town  of  Concord  may  transfer  to  said  Town  may 
corporation  all  funds  now  held  or  hereafter  received  by  said  funds  held  for  a 
town,  for  the  purposes  of  a  public  library,  to  be  held  and  ^"  "^  '  ^^^^' 
applied  by  the  corporation  in  the  same  manner  as  if  they 
were  held  by  the  town ;    and  may  transfer   to  the  cor- 
poration the  books  and  pamphlets  of  the  town  library,  up- 
on such  terms  and  conditions  as  shall  be  agreed  upon  by 
said  town  and  corporation. 

Section  5  So  long  as  said  corporation  allows  the  in-  May  appropriate 
habitants  of  the  town  of  Concord  free  use  of  said  library,  ^,pp;frt*arS 
under  reasonable  regulations,  said  town  may  appropriate  S^  inhabitants 

O'^  Jlil  have  free  access 

and  pay  annually  towards  deiraying  the  expense  of  main-  to  library. 


542  1873.— Chapters  100,  101,  102. 

taiuiug  and  increasing  said  library,  a  sum  not  exceeding 
one  dollar  for  each  of  its  ratable  polls  in  the  year  preceding 
that  in  which  the  appropriation  is  made,  and  may  also  pay 
the  salary  of  a  librarian  and  of  any  necessary  assistants. 
The  town  may  also  pay  over  to  said  corporation,  for  the 
use  of  the  library,  any  money  by  law  applicable  to  the  use 
of  a  town  library. 

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

Aiyproved  March  24,  1873. 

Oh  100  -^  -^^^  ^^  EXTEND  THE  TIME  FOR  LAYING  OUT  A  HIGHWAY  AND 
CONSTRUCTING  A  BRIDGE  ACROSS  THE  MERRENIAC  RIVER  IN  TYNGS- 
BOROUGH. 

Be  it  enacted,  &c.,  as  follows: 
Time  extended        SECTION  1.     Thc  time  named  in  chapter  one  hundred 

for  building  .  .  n      \  f     ^  •    ^  iii 

bridge  across      and  mnety-niiie  or  the  acts  or  the  year  eighteen  hundred 

Merrimac  River.  -,  ^,  •  j.        t     i 

and  seventy-one,  is  extended  one  year. 

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

Approved  March  21,  1873. 

Cll.  101.  -^  ^^^  AUTHORIZING  THE  BOSTON  SUNDAY-SCHOOL  AND  JHSSIONARY 
SOCIETY  OF  THE  METHODIST  EPISCOPAL  CHURCH,  TO  CHANGE  ITS 
NAME. 

Be  it  enacted,  &c.,  as  follows: 
Name  changed.       Section  1.     The  Bostou  Suuday-School  and  Mission- 
ary   Society   of    the   Methodist    Episcopal    Church   may 
change  its  name  to  The  Boston  Missionary  and  Church 
Extension  Society  of  the  Methodist  Episcopal  Church. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  24,  1873. 

Cll        102     ^  ^^^   ^^   AUTHORIZE  JAMES   RITCHIE   AND   OTHERS  TO  CONSTRUCT 

A  WHARF  IN  DARTMOUTH. 

Be  it  enacted,  &c.,  as  follows: 

wharflnDart         SECTION  1.     Liccuse  is  givcii  to  Jamcs  Kitchie,  George 
mouth.  A.  Bourne  and  Israel  F.  Parsons  to  construct  a  wharf  in 

connection  with  their  lands  on  the  westerly  side  of  Ap- 
ponagansett  River,  in  Dartmouth,  subject  to  the  provisions 
of  chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  sixty-nine. 

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

Aj)proved  March  24, 1873. 


1873.— Chapters  103,  104,  105.  543 

An  Act  authorizing  the  trustees  of  lenox  academy  to  sell  (Jj^^    103. 
real  estate. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     The    trustees    of    Lenox    Academy    are  May  eeu  real 
authorized  to  sell  and  convey  the  real  estate  upon  which 
said  academy  now  stands. 

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

A^jroved  March  24,  1873. 
An  Act  providing  for  the  preservation  of  fish  in  the  pond  Qh^    104. 

OF  THE   ADAMS   AND    CHESHIRE  RESERVOIR   COMPANY. 

Be  it  enacted,  &g.,  as  follows : 

Section  1.     Whoever  shall  draw,  set,  stretch  or  use  Fish  not  to  be 
any  drag-net,   set-net,    purse    or   seine    of  any  kind,    or  of  AdImT  and 
construct,  maintain  or  use  any  fish-weir,  yard  or  pound  for  volr^comp^nyT" 
taking  fish  of  any  kind ;  and  whoever  shall  in  any  other  and'hL^d  une^ 
manner  than  by  naturally  or  artificially  bated  hook  and 
hand-line  take  any  fish  from  the  waters  of  the  pond  of  the 
Adams  and  Cheshire  Reservoir  Company,  situate  in  the 
towns  of  Cheshire  and  Lanesborough,  shall  forfeit  a  sum  Penalty. 
not   less   than   twenty-five    dollars    nor    more   than   one 
hundred  dollars,  to  be  recovered  by  complaint  or  indict- 
ment, and  one-half  of  the  sum  so  forfeited  shall  be  paid 
to  the  complainant   and  one-half  to  the  treasurer  of  the 
county  of  Berkshire. 

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

Ajjproved  March  24,  1873. 
An  Act  to  authorize  the    county   commissioners  of   dukes  Qj,      X05 

COUNTY   TO   erect   A  NEW   JAIL. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     The     county    commissioners     of    Dukes  commissioneis 
County  are  authorized  and  required  to  erect  a  new  jail,  toEdlartowi!"^ 
and  a  suitable  dwelling-house  for  the  keeper  of  such  jail, 
in  Edgartown. 

Section  2.     The  said  commissioners  are  authorized  to  May  sen  tmid- 
sell  the  whole  or  any  portion  of  the  buildings  now  stand-  jaiTiot!  excepl^ 
ing  on  the  present  jail  lot,  excepting  the  court  house,  and  i^g  court-house. 
purchase  a  new  lot  for  a  jail ;  and  to  borrow,  on  the  credit 
of  the  county  for  the  purposes  of  this  act,  a  sum  not 
exceeding  twelve  thousand  dollars. 

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

Approved  March  24, 1873. 


544 


1873.— Chapters  106,  107,  108,  109. 


Ch.      106.   ^^  -^^'^   ^^  AUTHORIZE   CITIES   AND    TOWNS    TO   FURNISH    PUPILS   IN 
THE   PUBLIC   SCHOOLS   WITH   TEXT-BOOKS. 

Be  it  enacted,  &c.,  as  follows  : 
Text-books  may      Sectiox  1.     Aiw   citv,    bv  an   Ordinance  of    the  city 
cities  and  towns  couHcil,  and  any  town  by  legal  vote,  may  anthorize  the 
lie  Schools?  ^"^    school  Committee  to  purchase  text-books  for  use  in  the 
public  schools,  said  text-books  to  be  the  property  of  the 
city  or  town,  and  to  be  loaned  to  pupils  under  such  regu- 
lations as  the  school  committee  may  provide. 

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

Ajiproved  March  24,  1873. 


Gh.   107. 


Assessors  of 
taxes  to  serve 
for  three  years 


An  Act  in  addition  to  an  act  to  establish  the  city  of  new- 
bur  yport. 
Be  it  enacted,  &c.,  as  follotvs : 

Section  1.  The  city  council  of  the  city  of  Newbury- 
port,  shall,  in  the  month  of  January,  in  the  year  eighteen 
hundred  and  seventy-four,  elect,  in  convention,  three 
persons  to  be  assessors  of  taxes,  -one  to  serve  for  three 
years,  one  for  two  years  and  one  for  one  year,  and  until 
their  successors  are  chosen  ;  and  thereafter  the  city  council 
shall  annually,  in  the  month  of  January,  elect  in  the  same 
manner  one  person  to  hold  said  office  for  the  term  of 
Maybe  provided  thrcc  ycars.  The  city  council  may,  in  like  manner,  till 
any  vacancy  occurring  in  said  board,  and  may  provide 
such  clerical  aid  as  may  be  necessary,  define  the  duties, 
and  fix  the  compensation  of  said  officers. 

Section  2.  So  much  of  section  eight  of  chapter  two 
hundred  and  ninety-six  of  the  acts  of  eighteen  hundred 
and  fifty-one,  as  provides  for  the  election  of  assistant 
assessors,  is  repealed.  Aj^proved  March  24, 1873. 


witJi  clerical  aid. 


Assistant  asses- 
sors not  to  be 
elected. 


rii      '\C)9.   An   Act    concerning    the   election    of    superintendents    of 
'  public  schools. 


Amendment  to 
G-.  S.  38,  §  35. 


Ch.   109. 


May  construct 
.  -wharf  in  Fall 
River. 


Be  it  enacted,  &c.,  as  follows : 

Section  1.  Section  thirty-five  of  chapter  thirty-eight 
of  the  General  Statutes,  is  amended  by  striking  from  the 
first  line  the  word  "annually." 

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

Ax)X)roved  March  26,  1873. 

An  Act  to  authorize  cook  borden  to  construct  a  wharf  in 
fall  river. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  License  is  given  to  Cook  Borden  to  con- 
struct a  wharf  on  his  property  extending   into    Taunton 


1873.— Chaptees  110,  111,  112,  113.  5W 

River,  in  Fall  River,  subject  to  the  provisions  of  chapter 
four  hundred  and  thirty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine. 

Sectiox  2.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  March  26,  1873. 

An  Act  to  authorize  warren  ordway  to  construct  a  wharf  fii      -i  -i  rv 

IN   HAVERHILL.  '^''"      ■*-^'^- 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     License   is   given  to  Warren  Ordway  to  May  construct 
construct  a  wharf  in  Haverhill,  subject  to  the  provisions  ^h^rf in  Haver- 
of  chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

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

Approved  March  26, 1873. 

An  Act  to  authorize  the  union  wharf  company  to  extend  /-/t      -« -<  -i 
their  wharf  at  vineyard  haven.  KjH.     111. 

Be  it  enacted,  (fcc,  as  folloivs : 

Section  1.     License   is    given   to   the    Union   Wharf  ^^y  extend 
Company   to    extend   their   wharf    in   Vineyard    Haven,  yard  Haven. 
subject  to  the  provisions  of   chapter   four  hundred  and 
thirty-two  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine. 

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

A])2)roved  March  26,  1873. 
An   Act    to    amend    the    charter    of    the    lynn    gas-light  ryj      119 

COMPANY.  ^''"      ^^^' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Section  four  of  chapter  thirtj^-five  of  the  May  extend  gas. 
acts  of  eighteen  hundred  fifty-three  is  amended  by  adding  sa'tTgus^""^'' 
thereto  these  words  :  "  Said  corporation,  with  the  consent  f^dNahant! 
of  the  selectmen  of  the  towns  of   Saugus,    Swampscott 
and  Nahant,  may  extend  its  pipes  through  said  towns,  and 
erect  therein  the  necessary  structures  to  supply  gas  to  the 
inhabitants    thereof,   under   the    same  restrictions  as  are 
herein  before  provided  as  to  their  acts  in  the  city  of  Lynn." 

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

Ajjproved  March  26,  1873. 

An  Act   to  incorporate   the  boston   commercial   exchange  f-ii      -j  -|  o 
building  company.  L/ll.    llo. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     Avery      Plummer,      Henry     J.     Nazro,  corporators.. 

Nathaniel  G.  Chapin,  H.  A.  Johnson,  Calvin  M.  Winch, 

Edward  Kemble,    their    associates   and    successors,    are 


5^6 


1873.— Chapter  114. 


Xarae  and 
purpose. 


Powers  and 
duties. 


Real  and  per- 
sonal estate. 


Capital  stock. 


Ch.   114. 


Appropriations. 


Inspectors  of 
state  prison. 


District  court  of 
East  Norfolk. 


Troops  on  duty 
at  great  fire  in 
Boston. 


State  police. 


General  agent 
board  of  state 
jsharities. 


made  a  corporation  by  the  name  of  the  Boston  Com- 
mercial Exchange  Building  Company,  for  the  purpose  of 
constructing  and  maintaining  in  the  city  of  Boston,  build- 
ings for  a  Commercial  Exchange  and  other  business 
purposes ;  with  the  lights  and  privileges,  and  suloject  to 
the  duties,  liabilities  and  restrictions  set  forth  in  the 
general  laws  which  now  are  or  hereafter  may  be  in  force 
and  applicable  to  such  corporations. 

Section  2.  The  said  corporation  may  hold  real  and 
personal  estate  to  an  amount  not  exceeding  one  million 
dollars. 

Section  3.  The  capital  stock  shall  not  exceed  one 
million  dollars,  and  said  corporation  shall  incur  no  lia- 
bility until  one  hundred  thousand  dollars  of  its  capital 
stock  has  been  paid  in  in  cash. 

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

Ai^proved  March  26,  1873. 

An  Act  making  appropriations  to  meet  certain  expenditures 

authorized  the  present  year,  and  for  other  purposes. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  sums  hereinafter  mentioned  are  ap- 
propriated to  be  paid  out  of  the  treasury  of  the  Common- 
wealth, 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  three,  in  favor  of  the  inspectors 
of  the  state  prison,  two  hundred  and  ninety-seven  dollars 
and  fourteen  cents. 

In  the  act,  chapter  eighteen,  establishing  the  salary  of 
the  clerk  of  the  district  court  of  East  Norfolk,  three 
hundred  dollars. 

For  the  payment  of  troops  ordered  out  on  account  of 
the  great  lire  in  Boston,  a  sum  not  exceeding  one  thousand 
eight  hundred  thirty-six  dollars  and  thirty-eight  cents. 

For  expenses  of  the  state  police  for  the  present  year,  a 
sum  not  exceeding  thirteen  thousand  five  hundred  dollars, 
as  follows,  viz.  :  For  office  rent  in  Boston,  five  thousand 
two  hundred  dollars  ;  and  for  incidental  and  contingent 
expenses,  eight  thousand  three  hundred  dollars. 

For  such  clerical  and  other  assistance  as  the  general 
agent  of  the  board  of  state  charities  may  find  necessary, 
a  sum  not  exceeding  one  thousand  five  hundred  dollars, 
the  same  to  be  in  addition  to  the  amount  heretofore 
appropriated  for  the  present  year. 


1873.— Chapter  114.  547 

For  the  burial  of  state  paupers  in  the  year  eighteen  Burial  of  state 
hundred   and    seventy-two,    a    sum  not   exceeding  three  p'*"^^"" 
thousand  dollars. 

For  expenses  incurred  at  the  state  workhouse  at  Bridge-  state  workhouse 
water,  in  the  year  eighteen  hundred  and  seventy-two,  a 
sum  not  exceeding  seven  hundred  twenty-four  dollars  and 
sixty-five  cents. 

For  expenses  incurred  at  the  state  prison  in  the  year  state  prison. 
eighteen  hundred  and  seventy-two,  a  sum  not  exceeding 
six  hundred  thirteen  dollars  and  eighty-eight  cents. 

For  incidental  expenses  of  the  secretary's  department  |ep!^rtment, 
for  the  year  eighteen  hundred  and  seventy-two,  a  sura  not  incidental 
exceeding  one  hundred  forty  dollars  and  eighty-five  cents. 

For  contingent  expenses  of  the  surgeon-general,  a  sum  surgeon- 
not  exceeding  one  thousand  dollars,  in  addition  to  the  ^''"'^'^" ' 
appropriation  heretofore  made  for  the  present  year. 

For  the  incidental  expenses  of   the  adiutant-general's  Adjutant- 

T  ,  i     r-         J^  -1  1  11  1  i         general,  inci- 

aepartment  tor  the  year  eighteen  hundred  and  seventy-  dental  expenses. 
two,  a  sum  not  exceeding  one  hundred  eleven  dollars  and 
thirty-seven  cents. 

For  contingent  expenses  of  the  railroad  commissioners  Railroad  com- 
for  the  year  eighteen  hundred  and  seventy-two,  a  sum  not 
exceeding  five   hundred   thirty-eight    dollars  and  eighty 
cents. 

For  incidental  expenses  of  the  attorney-general's  de-  Attomey- 
partment  for  the  year  eighteen  hundred  and  seventy- two,  ^®°" 
a  sum  not  exceeding  fifteen  dollars  and  forty-five  cents. 

For  incidental  expenses  of  the  board  of  agriculture  for  Board  of  agri- 
the  year  eighteen  hundred  and  seventy-two,  a  sum  not  °" 
exceeding  two   hundred   twenty-nine   dollars  and  forty- 
three  cents. 

The  unexpended  balance  of  the  appropriation  made  in  sundry  smaii 
chapter  three  hundred  and  sixty  of  the  acts  of  the  year  diture. 
eighteen  hundred  and  seventy -two,  for  sundry  small  items 
of  expenditure  due  and  unpaid  in  eighteen  hundred  and 
seventy-one,  and  previous  years,  is  made  applicable  to 
any  similar  expenses  of  the  year  eighteen  hundred  and 
seventy -two. 

For  such  clerical  assistance  as  the  adjutant-general  may  Adjutant-gen- 
find  necessary,  a  sum  not  exceeding  seven  hundred  dollars,  assistance? 
in  addition  to  the  amount  heretofore  appropriated  for  the 
present  year. 

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

Approved  March  26,  1873. 
10 


missioiiers. 


548  Chapters  115,  116,  117. 

Ch.      115.  ^^   ^^^  RELATING   TO   THE   COLLATERAL  LOAN   COMPANT. 

Be  it  enacted,  &c.,  as  follows: 
im^^i^X^^"        Section  1.     Section  two  of  chapter  four  hundred  and 
twenty-eight  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine  is  amended  by  striking  out  the  words,  "but  it 
shall  in  no  case  exceed  two  per  cent,  per  month." 

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

Approved  March  27,  1873. 

Cll.    116.  ^N  Act  to  authorize  the  wamesit  power  company  to  con- 
tract FOR  MUTUAL  INSURANCE  WITH  OTHER  CORPORATIONS. 

Be  it  enacted,  &c.,  as  follows : 
^ICthercor-        Section  1.     The  Wamesit  Power  Company  of  Lowell 
porations  for      may  coiitract  with  other  corporations  in  Lowell  for  the 
ance  against  fire,  mutual  iusuraiice  of  cach  othcr's  property  against  loss  and 
damage  by  fire. 

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

Approved  March  27, 1873. 

Ch.      117.   -^    -^CT    IN    ADDITION     TO     AN    ACT    TO     SUPPLY     THE    VILLAGE   OF 

SOUTH   HADLEY   FALLS   WITH   WATER. 

Be  it  enacted,  &c.,  as  follows: 
Mayissue  bonds      Section  1.     The    inhabitants    of   South    Hadlev   may 

not  exceeding        .  „  .  .  ,  ,  J  J 

$60,000,  at 7 per  issuc  fi'om  time  to  time,  notes  or  bonds  to  an  amount  not 
exceeding  the  sum  of  sixty  thousand  dollars,  payable  at 
periods  not  exceeding  twenty-five  years  from  the  date 
thereof,  with  interest  payable  semi-annually,  at  a  rate  not 
exceeding  seven  per  centum  per  annum. 

To  be  signed  by  All  such  iiotcs  or  bouds  shall  be  sio^ned  by  the  treasurer 
of  the  town  of  South  Hadley,  and  countersigned  by  the 
chaii'man  of  its  board  of  selectmen ;  and  a  record  of  all 
such  notes  or  bouds  shall  be  made  and  kept  by  said 
treasurer. 

May  loan  bonds       g^Q^l   town   may  loaii  said   notes  or  bonds  to  its  fire 

number  one.  district  iiumber  one  upon  such  terms  and  conditions  as 
may  be  prescribed  by  said  town ;  and  said  fire  district 
may  sell  or  negotiate  the  same  or  any  part  thereof,  or 
pledge  the  same  for  money  borrowed  for  the  purposes  of 
paying  all  necessary  expenses  and  liabilities  incurred 
under  the  provisions  of  chapter  one  hundred  and  fourteen 
of  the  acts  of  eighteen  hundred  and  seventy-two,  upon 
such  terms  as  said  fire  district  may  deem  proper. 

Taxes  may  be         SECTION  2.     Said  towu   may  asscss  and  collect  upon 

assessed  upon  ''.  -  t     n  t-ii 

estates  in  dis-  the  cstatc,  both  real  and  personal,  in  said  fire  district,  all 
principal  and  taxcs  ncccssary  to  j^ay  the  principal  and  interest  of  the 
interest.  notcs    aud   bouds    issued   and   loaned   by  virtue    of    the 

authority  granted  in  this  act. 


1873.— Chaptees  118,  119.  549 

Sectiox  3.     A  legal  meeting  of  the  voters  of  said  fire  subject  to  ac- 
district   shall   be    called   within   three   mouths    after   the  vS of  Ae 
passage  of  this  act,  for  the  purpose  of  having  said  voters  ^''e  <^*trict. 
give  in  their  written  votes  on  the  question  whether  they  • 

will  accept  this  act ;  and  if  two-thirds  of  said  votes 
shall  be  in  the  affirmative,  then  the  selectmen  of  the  town 
shall  warn  a  meeting  of  the  voters  of  said  town  within 
two  months  after  the  acceptance  of  this  act  by  said  fire 
district,  for  the  purpose  of  having  said  voters  give  in 
their  written  votes  upon  the  question  whether  they  will 
accept  this  act,  and  if  two-thirds  of  the  votes  given  upon 
said  question  shall  be  in  the  affirmative,  then  sections  one 
and  two  of  this  act  shall  take  efiect,  otherwise  they  shall 
be  void. 

Section  4.     Section  three  of  this  act  shall  take  effect 
upon  its  passage.  Ax>proved  March  27,  1873. 

An  Act  to  extend  the  time  allowed  for  locating  and  con-  fir      -i  -i  o 

STRUCTING   THE   PLYMOUTH  AND   SANDWICH    RAILROAD.  ^ ''"      ^^^' 

Be  it  enacted,  c&c,  as  follows : 

The  time  allowed  the  Plymouth  and  Sandwich  Eailroad  Time  for  loca. 
Company  for  locating  and  constructing  its  railroad  is  struction  ex. " 
extended  two  years  from  the  passage  of  this  act.  tended. 

Aiyproved  March  27,  1873. 

An  Act  to  authorize  the  hopkinton  railroad  co^ipany  to  /^-l      -j-iq 
e.xtend  and  mortgage  its  railroad.  ^ '^'    -»--l«^« 

Be  it  enacted,  &g.,  as  folloics : 

Sectiox  1.     The   Hopkinton  Eailroad   Company  may  May  extend  road 
extend  its  railroad,  with  one  or  more  tracks,  from  some  Ingh^'^&c.X 
convenient  point  on  the  line  of  its  location  in  the  town  of  ^^^•.  ^w"'"?^ 

.,,,'■-,  .  .  xt.  xi.  in  Weston. 

Ashhiud,  and  near  its  present  termmus  in  said  town, 
through  Framingham,  Natick,  Wayland  and  Weston,  or 
any  of  said  towns,  to  some  convenient  point  on  the  line 
of  the  Massachusetts  Central  Railroad  in  said  Weston, 
subject  to  such  general  laws  as  may  be  applicable  to  said 
extension. 

Section  2.     Said   company   may   mortgage   its   road.  May  mortgage 
franchise  and  equipment,   and  any  of  its   property,  real  dUionaFamount 
and  personal,  to  an  amount  not  exceeding  one  hundred  °^  ^^^''•°°'^- 
and  sixty-five  thousand  dollars,  in  addition  to  the  amount 
now  authorized  by  chapter  one  hundred  and  seventy  of 
the  acts  of  the  year  eighteen  hundred  and  seventy-tAvo,  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  such 


550 


1873.— Chapters  120,  121. 


Bonds  not  to  ex- 
ceed amount  of 
capital  paid  in. 


Ch.   120. 

Corporators. 


Name  and  pur- 
pose. 


Capital  stock. 


bonds  shall  be  issued,  shall  be  determined  by  the  stock- 
holders, at  a  meeting  duly  called  for  that  purpose ;  but  in 
no  case  shall  the  bonds  so  issued  exceed  the  amount  of 
cajDital  stock  actually  paid  in  by  the  stockholders. 

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

Approved  March  27, 1873. 

An    Act    to    incokporate   the   fall   kiver   street    railway 

COMPANY. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Weaver  Osborne,  Charles  P.  Stickney, 
George  O.  Fairbanks,  Charles  J.  Holmes,  Simeon  Borden, 
their  associates  and  successors,  are  made  a  corporation, 
by  the  name  of  the  Fall  River  Street  Railway  Company, 
with  power  to  construct,  maintain  and  operate  a  street 
railway  on  and  over  any  of  the  streets  in  the  city  of  Fall 
River. 

Section  2.  The  capital  stock  shall  not  exceed  one 
hundred  thousand  dollars. 

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

Ajjproved  March  27, 1873. 

Ch.  121.  -^^  ^^"^  '^^  AMEND  CHAPTER  FIFTY-THREE  OF  THE  ACTS  OF  EIGHTEEN 
HUNDRED  SEVENTY-TWO,  ENTITLED  AN  ACT  TO  AUTHORIZE  THE 
FORMATION  OF  RAILROAD  CORPORATIONS. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  persons  associating  to  form  a  railroad 
corporation  under  chapter  fifty-three  of  the  acts  of  eighteen 
hundred  and  seventy-two,  and  the  corporations  so  formed, 
may  from  time  to  time,  by  vote  of  the  associates,  or  stock- 
holders, at  any  meeting  called  for  the  purpose,  reduce  the 
amount  of  their  capital  stock :  provided,  that  it  shall  not 
be  reduced  below  the  limits  prescribed  in  section  two  of 
said  act ;  and  said  associates  or  corporations  may  at  any 
time,  by  a  like  vote,  change  the  gauge  of  their  road  to  the 
other  gauge  allowed  by  said  act. 

Section.  2.  The  notice  to  parties  interested,  required 
by  the  seventh  section  of  said  act,  shall  state  the  time  and 
place  of  hearing,  and  shall  be  given  by  publication  in  one 
or  more  newspapers  published  in  the  county  for  two  suc- 
cessive weeks,  the  last  publication  to  be  at  least  two  days 
prior  to  the  hearing,  and  by  posting  copies  of  the  notice 
in  at  least  two  public  places  in  the  town  or  city  in  which 
the  hearing  is  to  be  held,  at  least  two  weeks  before  such 
hearinsr. 


Railroad  corpo 
rations  formed 
under  1872,  53, 
may  reduce 
capital  stock. 


Proviso. 


Notice  to  be 
given  to  parties 
interested. 


1873.— Chapter  122.  551 

Section  3.     The  route  of  a  railroad  as  proposed  by  the  Route  may  in. 
directors  under  section  six  of  said  act,  and  tixed  under  tlie  brLiches'ifeces- 
seventh  and  eighth  sections  of  the  same,  may  include  such  paZJ;?ger87nd 
spurs  and  branches  and  connecting  and  terminal  tracks  in  igfl^gg  cc  g_8 
any  city  or  town  as  may  be  necessary  to  enable  the  cor- 
poration to  conveniently  collect   and   deliver  passengers 
and  freight  in  such  city  or  town ;  but  no  such  branch, 
spur  or  connecting  or  terminal  track,  shall  be  laid  longi- 
tudinally within  the  limits  of  a  public  way  without  the 
consent  of  the  mayor  and  aldermen,  or  of  the  selectmen, 
and  in  giving  such  consent  they  may  impose  such  condi- 
tions as  to  the  location,  construction  and  use  thereof  as 
may  be  agreed  upon  between  themselves  and  the  direc- 
tors;  and  the  corporations  owning;  or  operating  any  such  Tracks  not  to  be 

,  ,.,,•'■         .        ,.        ,,         .~  ,i.  in       •       longitudmallyin 

tracks    so   laid   longitudinally  m  a  public  way,  shall,  in  a  public  way 

,,,1  '  '-',        Tiij        .1  •!  J.  •  I'l     witliout  consent 

respect  to  the  same,  be  liable  to  the  city  or  town  m  which  of  selectmen. 
the  same  are  laid,  for  all  loss  or  damage  caused  thereto  by 
the  construction  and  use  of  such  tracks,  and  by  the  negli- 
gence or  default  of  their  agents  or  workmen  thereon  ;  and 
the  provisions  of  this  section  shall  apply  to  all  routes 
heretofore  proposed  or  fixed  under  said  act,  and  all  things 
done  in  and  concerning  the  proposal  and  fixing  of  the 
same,  shall  have  the  same  force  and  efiect  as  if  this  section 
had  been  part  of  said  act. 

Section  4.     The  board  of  railroad  commissioners  may,  commissioners 
notwithstanding  anything  contained  in  the  twelfth  section  ranro"ad*to  Irom 
of  said  act,  allow  one  railroad  to  cross  another  at  grade,  ^not^"' at  grade. 
whenever  in  their  opinion  the  public  convenience  shall  so 
require. 

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

Approved  March  27,  1873. 

An  Act  relating  to  the  bonds  of  trustees  under  wills.         qj^     '[9i'2i 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     A  trustee  under  a  will  shall  be  exempt  Trustee  under 

^  .     .  ,  , .  1   •       T  1  1  ii        will  to  be  ex- 

from  giving  a  surety  or  sureties  on  his  bond,  when  the  empted  from 
testator  has  ordered  or  requested  such  exemption,  or  that  when^te^stator 
no  bond  should  be  taken,  or  when  all  the  persons  inter-  '^''s  so  ordered. 
ested  in  the  trust-fund,  being  of  full  age  and  legal  capac- 
ity, request  such  exemption ;  but  such  trustee  shall  in  all 
cases  give  his   own   personal  bond :    provided,  that   the 
indole  of  the  probate  court  may  at  any  time  require  a  bond,  Bond  may  be 

V        o  -1-  •/  */  J.  '   rccjuirccl  to  oe 

with  sufficient  surety  or  sureties,  if  he  is  of  opinion  that  given  for  sum- 

.,  .  •11  1  •        A^  '1        A'  •        cient  cause. 

the  same  is  required  by  a  change  in  the  situation  or  cir- 
cumstances of  such  trustee,  or  for  other  sufficient  cause. 


552  1873.^Chaptees  123,  124,  125. 

If  trustee  neg.         Section  2.     Everv  triistee  under  a  will  who  neo-lects 

lect  to  give  bond    ,.,  ■,  •        i    i  i  •  •!•  i> 

as  required,  he  to  givc  Doiid  as  required  by  this  act,  within  such  time  as 
sid'ered^asTav-  the  probate  court  allows,  shall  be  considered  as  having 
tmstf"""'''^*^^  declined  the  trust;  provided,  that  no  trustee  who  has 
Proviso.  already  undertaken  a  trust  under  laws  heretofore  existing, 

shall  be  required  by  the  provisions  of  this  act  to  give 
bond,  except  when  the  judge  of  the  probate  court  is  of 
opinion  that  the  same  is  required  by  a  change  in  the  situa- 
tion or  circumstances  of  such  trustee  or  for  other  sufficient 
cause.  Approved  March  27, 1873. 

Oh.      123.   ^N    '^^'^    T^    AUTHORIZE    EUNICE   H.    STANWOOD  AND   MEmTABLE    F. 
STANWOOD  TO  CONSTRUCT  A  WHARF  IN  IPSWICH. 

Be  it'cnacted,  Jtc,  as  folloivs  : 
wharnHp^^*^         Section  1.     License  is  given  to  Eunice  H.   Stanwood 
^i'^^-  and  Mehitable  F.  Stanwood  to  construct  a  wharf  on  their 

land  on  Ipswich  River,  in  Ipswich,  subject  to  the  pro- 
visions of  chapter  four  hundred  and  thirty-two  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-nine. 

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

A2iproved  March  27,  1873. 

Cll        124.   ^^  ^*^^  "^^  AUTHORIZE  ELIAS  T.  INGALLS  AND  ALFRED  R.   KIMBALL  TO 

CONSTRUCT  A  WHARF  IK  HAVERHILL. 

Be  it  enacted,  &c.,  as  follows: 
wharfTnaver-      Section  1.     Liccuse  is  giYeii  to  Elias  T.  Ingallaaud 
iiiii-  Alfred  R.  Kimball  to  construct  a  wharf  in  Haverhill,  sub- 

ject to  the  provisions  of  chapter  four  hundred  and  thirty- 
two  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine. 

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

Approved  March  27,  1873. 

rij      -j  9?-    An  Act  to  confirm  an  indenture  between  the  commonwealth 

O/i.      ±-jO.  ^j^p  ^jg-j,  J50ST0N  AND  ROXBURY  JVHLL  CORPORATION. 

Be  it  enacted,  &c.,  as  folloivs  : 
Indenture  be-         Section  1 .     Tlic  indenture  between  the  Commonwealth 
monweaith  and  of  Massachusctts  aiid  tlic  Bostou  aucl  Roxbury  Mill  Cor- 
Roxb'ury  Mill     poratiou,  dated  December  fifteenth,  eighteen  hundred  and 
wn^rmed?"'      sixty-two,   approvcd  by  the   governor   and   council,  and 
recorded  in  the  registry  of  deeds  for  the  county  of  Suf- 
folk,  book  eight   hundred   and  twenty-two,  leaf  ninety- 
seven,  is  ratified  and  confirmed. 

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

Approved  March  27,  1873. 


1873.— Chaptee  126.  553 

An  Act  to  amend  the  charter  of  the  city  of  springfield.     rij      -i  o/:* 
Be  it  enacted^  cfic,  asfolloivs : 

Section  1.     Section  fourteen  of  chapter  ninety-four  of  ^^^^^^''g^';**^'" 
the   year   one   thousand   eight   hundred  and   fifty-two    is  1852,  w,  §  14. 
amended  by -inserting  the  words  "alter  or  discontinue," 
after  the  words  "  concurrent  power  with  the  county  com- 
missioners to  lay  out." 

Section  2.     The  city  council  of  the  city  of  Spring-  ^^f^^^J^^g*? 
field,  shall  within  two  months  after  the  passage  of  this  three  years. 
act,  elect  by  ballot  in  joint  convention,  three  assessors, 
one  to  hold  office  for  three  years,  one  for  two  years,  and 
one  for  one  year  from  the  first  day  of  April  of  the  year 
eighteen  hundred    and    seventy-three ;    and    shall   there- 
after  annually,  within  sixty  days  after  the  organization 
of  the  council,  elect  in  like  manner  one  assessor  to  hold 
office  for  the    term  of  three  years  from  the  first  day  of 
April  in   the  year   of  such   election.     Said   council  shall 
at  the  same  times  and  in  the  same  manner,  elect  such 
number  of  assistant  assessors,  not  exceeding  eight,  as  said  gofs'fo^'hoid^^' 
council  may  from  time  to  time  by  ordinance  prescribe,  office  for  three 
who  shall  hold  office  for  the  term  of  one  year  from  the 
first  day  of  April  in  the  year  of  their  election,  and  shall 
assist  the  assessors  in  doing  their  duties,  in  such  manner 
and  with  such  compensation  as  shall  be  prescribed   by 
ordinance  of  the  city  council. 

Section  3.     Said   city  council   shall   in  like   manner,  overseers  of  the 
within  two  months  after  the  passage  of   this  act,  elect  office  for  thiee 
three  persons  to  be  overseers  of  the  poor,  who  shall  hold  *''^'*'"*' 
office,  one  for  one  year,  one  for  two  years,  one  for  three 
years,  from  the  first  day  of  April,  eighteen  hundred  and 
seventy-three,  and  shall  afterward,  annually,  within  sixty 
days  after  its  organization,  elect  one  person  as  an  over- 
seer of  the  poor,  to  hold  office  for  three  years  from  the 
first  day  of  April  in  the  year  of  such  election. 

Section  4.     All  sewers  and  drains,  and  all  parts  of  aii  existing 

Ti.  .,.  .  ,  ,1.1  sewers  and 

servers  and  drains,  now  existmg  in  any  street,  highway  or  drains  may  be 
town  way  in  the  city  of  Springfield,  and  not  now  owned  propdatedby 
by  said  city,  or  of  which  the  ownership  may  be  uncertain,  *'^<^"^i'- 
may  be  taken  and  appropriated  by  vote  of  the  mayor  and 
aldermen,  and  shall  thereupon  become  the  property  of  the 
city,  and  subject  to  its  control ;  but  nothing  herein  con- 
tained shall  deprive   any  person  or  corporation  of   any 
existing  right  to  use  such  sewers  and  drains,  or  any  of 
them,  for  drainage  purposes  ;  and  any  person  or  corpora- 


554  1873.— Chapter  126. 

tion  sustaining  damage  by  such  taking  or  appropriation  of 
any  sewer  or  drain  may  recover  compensation  therefor  in 
the  manner  provided  in  case  of  damage  sustained  by  the 
laying  out  of  highways. 
Sewers  and  SECTION  5.     All    scwcrs    and    draius,    and    parts    of 

laid^outTcfbe-^'^  sewers   and   drains,   within  the  limits    of   any  street  or 
ert^Vfthe  rify.  pubUc  Way  hereafter  laid  out  within  said  city,  shall,  on 
such  laying  out,   become  the  property  of  said  city,  and 
subject  to  its  control ;  but  nothing  herein  contained  shall 
deprive  any  person  or  corporation  of  any  existing  right  to 
use  any  such  sewer  or  drain  for  the  purposes  of  drainage ; 
and  any  person  or  corporation  sustaining  damage  by  such 
change  of  ownership  in  such  sewers  and  drains,  or  any  of 
them,  may  recover  compensation  therefor  in  the  manner 
provided  for  in  case  of  damage  sustained  by  the  laying 
out  of  highways, 
streets  not  to  be      SECTION  6.     After  any  hearing  authorized  by  section 
untii°after notice  four  of  chaptcr  three  hundred  and  thirty-four  of  the  acts 
Isted!"""' '°*""'  of  the  year  eighteen  hundred  and  seventy-two,  the  city 
council  of  said  city  shall  not,  nor  shall  the  mayor  and 
aldermen,  proceed  to  lay  out,  alter,  widen,  discontinue, 
or  change  the   grade    of   any  street ;   establish,  lay  out, 
change  the  grade  of,  construct,  pave,  alter  any  sidewalk; 
or  lay  out,   establish,   construct  or  alter  any  sewers  or 
drains,  in  opposition  to  the  recommendation  of  the  board 
of  public  works,  or  without  such  recommendation,  unless 
they  shall  first  give  to  all  parties  interested  the  notice 
which  before  the  passage  of  said  chapter,  was  required  by 
law,  to  be  given  to  parties  interested  in  the  laying  out  of 
streets.     In  all  cases,  after  such  hearing,  the  recommenda- 
tion of  the  board  of  public  works  may  be  adopted  and 
carried  into  eifect  without  further  notice  to  or  hearing  of 
parties,    unless    some   party   interested,    within    fourteen 
days  after  the  hearing  before  the  board  of  public  works, 
files  with  the  city  clerk  a  request  in  writing,  to  be  heard 
further,  in  which  case  the  same  notice  shall  be  given  to  all 
parties  interested  as  is  provided  in  case  the  recommenda- 
tion of  the  board  of  public  works  is  not  adopted,  and  a 
hearing  shall  be  had  before  the  mayor  and  aldermen. 
City  council  may      SECTION  7.     The  city  couucil  may,  from  time  to  time, 
ponionofcky    by  concuiTeut  vote  of  the  two  branches,   establish  such 
dLS^'^^      portion  of  the  city  as  they  see  fit,  as  a  building  district, 
within  which  no  building  shall  be  erected  till  the  plans 
and   specifications   thereof,  so   far   as   they   indicate   the 


1873.— Chapters  127,  128.  555 

material,  height  and  thickness  of  the  walls,  and  the 
material  of  the  roof  and  cornices  and  other  projections, 
shall  have  been  approved  by  a  commissioner  appointed 
for  the  purpose  by  the  mayor,  with  the  consent  of  the 
aldermen  ;  but  nothing  herein  contained  shall  be  construed 
as  authorizing  the  erection  of  any  buildings  in  violation  of 
any  ordinance  of  said  city,  relating  to  the  erection  of 
buildings  within  the  limits  of  any  fire  district  now 
established,  or  which  may  hereafter  be  established. 

Sectiox  8.     Said  city  council  may  by  ordinance,  with  May  require  aii 

«/        V  '  buildings  to  be 

suitable  penalties,  require  all  tenements  and  buildings  on  numbered. 
streets  and  within  a  district  named  and  described  in  such 
ordinance  to  be  suitably  numbered  by  the  owner  or 
occupant ;  and  may  provide  that,  if  the  owner  or  occu- 
pant fails  to  number  any  building  or  tenement  in  ac- 
cordance with  such  ordinance,  said  city  may  cause  the 
same  to  be  numbered  at  the  expense  of  the  owner  or 
occupant. 

Sectiox  9.  The  city  of  Springfield  may  appropriate  oity  may  appro- 
annnally,  and  raise  by  taxation,  such  sum  as  the  city  TcTty  hoTpUai?* 
council  deems  fit,  for  the  support  of  a  city  hospital. 

Sectiox  10.     All  acts  and  parts  of  acts  inconsistent  Repeal. 
herewith  are  repealed. 

Sectiox  11.     This  act  shall  take  efi'ect  on  the  accept-  f^p^anceb^' 
ance  thereof  by  the  concurrent  vote  of  the  city  council  of  city  council. 
said  city  of  Springfield.  Approved  March  28, 1873. 

An   Act   to   authorize   elbridge    g.    kelley    to  extexd   his  rij.  107 

WHARF  IN  NEWBURYPORT.  * 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     License  is  given  to  Elbridg-e  G.  Kelley,  May  construct 

o  •/  '    "^vbiiri  ill  ^  tw* 

to  extend  his  wharf  on  the  south-westerly  side  of  Merri-  burypoit. 
mac  Eiver  in  Xewburyport,  subject  to  the  provisions  of 
chapter  four  hundred  and  thirty -two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

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

Apjjroved  March  29,  1873. 

An  Act  to  authorize  moses  e.  hale  to  construct  a  wharf  rij,      -1  oq 

IN  NEWBURYPORT.  ^ ""      ^— '-'• 

Be  it  e7iacted,  &c.,  asfolloivs  : 

Section  1.     License  is  given  to  Moses   E.    Hale,  to  May  construct 
construct  a  wharf  on  his  land  in  Newburyport,   on  the  bury'pon.^  ^ 
south-westerly  side  of  the  Merrimack  River,  subject   to 
II 


556 


1873.— Chapters  129,  130. 


the  provisions  of  chapter  four  hundred  and  thirty-two  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 
Sectiox  2.     This  act  shall  take  efl'ect  upon  its  passage. 

Apxiroved  March  29,  1873. 


Ch.   129. 


Town  of  Nahant 
may  construct  a 
wharf. 


Selectmen  to  file 
in  registry  of 
deeds  a  descrip- 
tion of  the  land 
taken. 


Liahility  for 
dimiages. 


Subject  to  ac- 
ceptance of  the 
town. 


An  Act  to  authorize  the  town  of  nahant  to  construct  a 

wharf  in  said  town,  and  for  other  purposes. 
Be  it  enacted,  <fec.,  as  follows : 

Section  1.  The  town  of  Nahant  is  authorized  to  con- 
struct and  maintain  a  wharf  at  or  near  Nippers  Stage, 
between  Tudor's  Wharf  and  Dorothy's  Cove,  in  said  town, 
si,il)ject  to  the  provisions  of  chapter  four  hundred  and 
thirty-two  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine ;  and  may  take  ancl  hold  such  lands  and  flats, 
by  purchase  or  otherwise,  as  may  be  necessary  for  the 
purpose  aforesaid. 

Section  2.  The  selectmen  of  said  town  shall,  within 
sixty  days  after  the  taking  of  such  land  and  flats,  file  in 
the  registry  of  deeds  for  the  county  of  Essex  southern 
district,  a  description  of  the  same  ;  and  said  town  shall 
be  liable  to  pay  all  damages  sustained  by  any  persons  by 
the  taking  of  said  land  and  flats  as  aforesaid ;  and  if  any 
person  sustaining  damage  by  the  said  taking,  cannot  agree 
with  the  said  selectmen  upon  the  amount  of  said  damages, 
he  may  have  them  assessed  and  paid  in  the  same  manner 
as  provided  by  law  Avith  respect  to  land  taken  for  high- 
ways. 

Section  3.  This  act  shall  not  take  eflfect  till  accepted 
by  the  inhabitants  of  the  town  of  Nahant  at  a  meeting 
called  for  the  purpose.  Api^roved  March  29, 1873. 


Ch.   130. 


May  construct 
a  span  bridge 
across  Mystic 
River  in  Med- 
furd. 


Proviso. 


An  Act  to  authorize  the  TOT^^s^  of  medford  to  construct  a 

BRIDGE  ACROSS  MYSTIC  RIVER. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.  License  is  given  to  the  town  of  Medford 
to  construct  and  maintain  in  place  of  the  existing  draw- 
bridge across  Mystic  River  on  Main  Street  in  said  town,  a 
span  bridge  with  suitable  piers  and  abutments,  subject  to 
the  provisions  of  chapter  four  hundred  and  thirty-two  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-nine  :  jwo- 
vided,  that  the  bridge  hereby  authorized  shall  be  so  made 
that  a  section  thereof  may  be  removed,  leaving  a  clear 
space  of  not  less  than  forty-four  feet  in  width  for  the  pas- 
sage of  vessels  ;  and  it  shall  be  the  duty  of  said  town  of 
Medford  to  cause  said  section  of  the  bridge  to  be  removed 


1873.— Chaptees  131,  132.  557 

without  unreasonable  delay,  whenever  it  is  necessary  so 

to  do  for  the  convenient  passage  of  vessels  on  said  river. 

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

Approved  March  29,  1873. 

An  Act  to  prohibit  fast  driving  ox  free  bridges  over  the  rji^     1 3I 

CONNECTICUT   river. 

Be  it  enacted,  &c.,  as  follows : 

Sectiox  1.  No  person  shall  ride  or  drive  any  horse  or  Not  to  ride  or 
mule  on  or  over  any  part  of  an}'-  free  bridge  over  the  Con-  bddgerfester 
necticut  River,  at  a  rate  foster  than  a  walk.  '"^^^  '^  ^''^''• 

Section  2.     Whoever  violates  the  provisions  of  section  Penalty. 
one  of  this  act,  shall  for  each  and  every  oflence  forfeit  the 
sum  of  two  dollars  for  each  and  every  horse  or  mule  so 
ridden  or  driven. 

Section  3.  Each  city  and  town  in  which  any  of  said  Notice  of  reguia. 
free  bridges  terminates,  shall,  within  ten  days  after  this  up^  °  "^^"^ 
act  takes  effect,  cause  to  be  posted  in  a  conspicuous  place 
on  or  near  the  end  of  such  bridge  in  said  city  or  town, 
and  to  be  thenceforth  there  kept  up,  a  painted  board  with 
a  white  ground  containing  in  black  letters  the  substance 
of  sections  one  and  two  of  this  act ;  and  any  city  or  town 
neglecting  so  to  post  and  keep  up  the  required  notice, 
shall  forfeit  and  pay  for  each  day's  neglect,  the  sum  of 
ten  dollars  to  the  use  of  the  county. 

Section  4.     Police    courts    and   trial  justices   in   the  jurisdiction  of 
several  cities  and  towns  in  which  any  of  said  free  bridges  friaTjustlJel^" 
terminate,  shall  have  original  and  concurrent  jurisdiction 
of  complaints  for  violation  on  such  bridges,  of  any  of  the 
provisions  of  this  act,  in  the  same  manner  as  if  the  offence 
was  committed  within  such  city  or  town. 

Approved  March  29,  1873. 

An  Act  to  incorporate  the  apollo  club  of  boston.  (JJi^    132. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     John    H.     Stickney,    John    P.    Putnam,  coi-porators. 
Charles    C.    Wentworth,  their  associates  and  successors, 
are  made  a  corporation  by  the  name  of  the  Apollo  Club  Name  and  pur. 
of  Boston,  for  the  purpose  of  promoting  the  cultivation  of  p°^''' 
vocal  and  instrumental  music ;  with  the  powers  and  privi-  Powers  and 
leges,  and  subject  to  the  duties,  liabilities  and  restrictions  '^""^*' 
set  forth  in  the  general  laws  which  now  are  or  hereafter 
may  be  in  force  and  applicable  to  such  corporations. 


558 


1873.— Chapters  133,  134,  135. 


Ch.   133, 


Ma^'  borrow 
money  to  fund 
floating  debt, 
and  for  muni- 
cipal purposes. 


Expenditures 
for  drains 
and  water 
confirmed. 


es(rJeto''%5o'*       Section  2.     Scaicl  corporation  for  the  purpose  aforesaid, 
000.  '    may  hold  real  estate  to  an  amount  not  exceeding  fifty 

thousand  dollars. 

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

Ax)proved  March  29,  1873. 

An  Act  to  authorize  the  city  of  fitchburg  to  fund  its  float- 
ing DEBT,  AND  TO   iSSUE  ADDITIONAL  SCRIP. 

Be  it  enacted,  &c.,  as  folloius  : 

Section  1.  The  city  council  of  the  city  of  Fitchburg 
may  borrow  such  sums  of  money  as  shall  be  necessary  for 
funding  the  present  floating  debt  incurred  in  the  construc- 
tion of  sewers  and  drains,  in  supplying  said  city  with 
water,  and  for  other  municipal  purposes,  and  may  further 
borrow  money  from  time  to  time,  to  an  amount  not  exceed- 
ing two  hundred  thousand  dollars,  for  municipal  purposes. 
All  expenditures  and  indebtedness  heretofore  incurred  by 
said  city  for  sewers,  drains  and  water,  are  confirmed  ;  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  eflfect  upon  its  passage. 

Aijproved  March  29,  1873. 

An  Act  amending  an  act  to  incorporate  the  Massachusetts 

charitable  eye  and  ear  infirmary. 
Be  it  enacted,  &c.,  as  follows  : 

The  governor,  with  the  advice  and  consent  of  the  council, 
i?!hall  annually  appoint  two  additional  managers  of  the 
Massachusetts  Charitable  Eye  and  Ear  Infirmary,  to  hold 
ofiice  for  one  year  from  the  last  Thursday  of  October  in 
each  year.  Approved  March  29, 1873. 

An  Act  to  incorporate  the  trustees  of  the  sigma  phi  society 

of  williams  college. 
Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  William  R.  Dimmock,  Eugene  M.  Jerome, 
William  T.  R.  Marvin,  their  associates  and  successors,  are 
made  a  corporation  by  the  name  of  the  Trustees  of  the 
Sigma  Phi  Society  of  Williams  College,  for  the  puipose 
of  holding  and  managing  the  real  estate  and  personal 
property  of  the  Sigma  Phi  Society  of  Williams  College ; 
with  the  powers  and  subject  to  the  duties,  liabilities  and 
restrictions  set  forth  in  the  general  laws  which  now  are  or 


Ch.    134. 


Two  additional 
managers  to  be 
appointed  by 
governor  and 
council. 


Ch.   135. 


Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


1873.— Chapters  136,  137,  138.  559 

may  hereafter  be  iu  force  and  applicable  to  such  coi'pora- 
tions. 

Section  2.     Said  corporation  may  hold  real  and  per- Reai  and  per- 
sonal estate  for  the  purposes  aforesaid  to  an  amount  not 
exceeding   twenty  thousand   dolhirs,  which    shall   not   be 
exempt  from  taxation. 

Section  3.     The  trustees    of    such   corporation   shall  Trustees  not  to 

1  !•  1^11      1-1  ••I'l  T-1  exceed  nine. 

have  authority  to  nil  all  vacancies  m  their  board,  but  the  vacancies. 
number  of  said  trustees  shall  never  exceed  nine. 

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

Apjyroved  March  29,  1873. 

An  Act  to  authorize  the  city  op  newburyport  to  discontinue  (Jj^     ^36 
certain  comjion  landing-places  in  said  city,  and  for  other 
purposes. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1."     License  is  given  to  the  city  of  Newbury-  May  discontinue 

,,T  ,.  nj_i  1T1  1  common  landing 

port  to  discontinue  all  the  common  lanaing-places,  known  places  and  mi 
as  town  and  pu])lic  landings,  situated  between  Central  "^  ^'''^' 
Wharf  and  the  point  of  intersection  of  the  Newburyport 
City  Railroad  and  Water  Street  in  said  city,  and  to  till 
up,  use  and  improve  the  flats  where  said  landing-places 
now  are,  subject  to  the  provisions  of  chapter  fnir  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. 

Aiiproved  March  29,  1873. 

An  Act  to  extend  the  time  within  which  actions  and  prose-   ^-/t      h  07 

cutions  under  the  laws  relating  to  inland  fisheries  may  be  c/i.    i-o  i  . 

commenced. 
Be  it  enacted,  <£c.,  as  follows  : 

Section  1 .     Section  thirty-two  of  chapter  three  hun-  Amendment  to 
dred  eighty-four  of  the    acts  of  the  year   eighteen  hun-  '^^'^'^'  ^^^'  ^  ^^• 
dred   sixt^'-nine  is  amended  by    striking   out   the  words 
''four  months,"  and  inserting  the  words  "one  year"  instead 
thereof. 

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

Apxjroved  March  29.  1873. 
An  Act  for  the  better  organization  of  the  fire  department  riT      -i  00 

OF    THE  city  of  FITCHBURG.  -LOO. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     The  city  council  of  the  city  of  Fitchburg  Fire  department 
may  establish  a  fire  department  for  said  city,  to  consist  of  ilsifed  by  city 
.a  chief-engineer,  and  as  many  assistant  engineers,  not  ex-  <'°"""'' 
ceeding  eight,  and  other  officers,  and  as   many   engine- 


560 


1873.— Chapter  139. 


men  and  other  members,  as  the  city  comicil,  by  ordinance, 
shall  from  time  to  time  prescribe.  Said  city  council  may 
make  provisions  in  regard  to  the  time  and  mode  of  appoint- 
ment, and  the  occasion  and  mode  of  removal  of  such 
officers  and  members,  and  in  regard  to  their  qualifi- 
cations, and  period  of  service ;  may  define  their  office 
and  duties ;  may  fix  and  pay  the  compensation  for  their 
services  ;  and,  in  general,  may  make  regulations  in  regard 
to  their  conduct  and  government,  and  to  the  management 
and  conduct  of  fires  and  persons  attending  at  fires,  sub- 
ject to  the  penalties  provided  for  the  breach  of  the  city 
ordinances ;  jjrovkled,  that  the  appointment  of  engine- 
men,  hose-men  and  hook  and  ladder  men  shall  be  made  by 
the  mayor  and  aldermen. 

Section  2.  The  powers  and  duties  mentioned  in  the 
preceding  section,  or  any  of  them,  may  be  exercised  and 
carried  into  eflect  by  the  said  city  council  in  any  manner 
which  they  may  by  ordinance  prescribe,  and  through  the 
agency  of  any  persons,  or  any  board  or  boards,  to  whom 
they  may  delegate  the  same. 

Section  3.  The  engineers  or  other  officers  of  the 
department  •  appointed  as  aforesaid,  shall  have  the  same 
authority  in  regard  to  the  prevention  and  extinguishment 
of  fires,  and  the  performance  of  the  other  offices  and  duties 
now  incumbent  upon  the  fire  wards,  as  are  now  conferred 
upon  fire  wards  by  the  General  Statutes  or  acts  supple- 
mental thereto. 

They  may  also,  in  compliance  with  any  ordinance  of 
said  city,  make  an  examination  of  places  where  shavings 
and  other  combustible  materials  are  collected  or  deposited, 
and  require  the  removal  of  such  materials,  or  the  adoption 
of  suitable  safeguards  against  fire.  And  said  city  council 
may  make  suitable  ordinances  upon  this  latter  sul^ject- 
matter,  and  annex  suitable  penalties  for  the  violation 
thereof. 

Section  4,  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council,  but  it  shall  not  operate  upon 
existing  laws  relating  to  the  fire  department  of  said  city 
until  a  fire  department  is  established  under  the  authority 
of  this  act.  Approved  March  29, 1873. 

Gh.      139.  ^^  ^^^  ^^  CONFER  A  VETO  POWEIi  ON  THE   JMAYOKS  OF  CITIES. 

Be  it  enacted,  &c.,  as  follows  : 
Orders,  &c.,  in-       Section  1.      Evcry    Ordinance,    order,    resolution    or 
iture  of  money,   votc,  to  wMch  the  coucuiTeiice  of  the  board  of  aldermen 


Provisio. 


Powers  may  be 
exercised  as 
prescribed  by 
ordinance. 


Engineers  and 
other  oflicers  to 
have  powers  and 
duties  of  iire- 
wards. 


Subject  to  ac- 
ceptance by 
city  council. 


1873.— Chapter  140.  561 

and  of  the  common  conncil  of  any  city  may  be  necessary,  to  bo  presented 
(except  on  a  question  of  a  convention  of  the  two  branches  °  "^''y°''- 
or  the  election  of  any  officer),  and  every  order  of  either 
branch  of  the  city  council,  involving  the   expenditure  of 
money,  shall  be  presented  to  the  mayor  of  the   city.     If 
he  approves  thereof  he  shall  signify  his  approval  by  sign-  to  he  approved, 
ing  the  same ;  but  if  he  does  not  approve  thereof,  he  shall  Cb/e'c'tiiir^  ^"'^ 
return  the  ordinance,  order,  resolution  or  vote,  with  his 
objections,  in  writing,  to  the  branch  of  the  city  council  in 
which  it  originated.    Such  branch  shall  enter  the  olijections 
of  the  mayor,  at  large,  on  its  records,  and    proceed   to 
reconsider  said  ordinance,  order,  resolution  or  vote ;  and 
if,  after  such  reconsideration,  two-thirds  of  that  branch, 
present    and    voting,    notwithstanding    such    objections, 
agree  to  pass  such  ordinance,  order,  resolution  or  vote.  May  be  passed 
it  shall,  together  with  the  objections  of  the    mayor,  be  vote  oTbotil'^'^^ 
sent  to  the  other  branch  of  the  city  council,  (if  it  originally  ^'■^"°'^''«- 
required  concurrent  action),  where  it  shall  also  be  recon- 
sidered ;  and,  if  approved  by  two-thirds  of  the  members 
present  and  voting,  it  shall  be  in  force ;  but  in  all  cases 
the  vote  shall  be  determined  by  yeas  and  nays  ;  and  if 
such  ordinance,  order,  resolution  or  vote  is  not  returned 
by  the  mayor  within  ten  days  after  it  has  been  presented 
to  him,  the  same  shall  be  in  force. 

Section  2.     This  act  shall  not  apply  to  any  city  unless  subject  to  ac. 
the  inhabitants  of  such  city,  at  a  legal  meeting  called  for  hXSits^of 
that  purpose,  shall,  by  a  majority  of  the  voters  present  *''"'^®" 
and  voting  thereon,  by  ballot,  determine  to  adopt  the  same 
within  one  year  after  its  passage. 

A2)p?'oved  March  29,  1873. 

An  Act  concerning  the  highland  street  railway  cohivany.       ryj      -i  Ar\ 
Be  it  enacted,  &c.,  as  folloios  : 

Section  1.     The   Highland    Street   Railway  Company  May  obtain  ad. 
may  from  time  to  time  obtain  additional  locations  of  their  uolls  of  tracks 
tracks,  in  the  city  of  Boston,  in  the  manner  provided  by  i^^  i^oston. 
the  general  laws  relating  to  street  railway  corporations. 

Section  2.     This  act  shall  not  authorize  said  company  use  of  tracks  of 
to  use  the  tracks   of  any  other  street  railway  com})any,  °*'""^  '^°'*'^*' 
south   of  Boylston   Street,  nor   north   of  Temple   Place 
Street. 

Section  3.     In  case  said  company  shall  obtain  a  loca-  Tracks  on  co. 
tion  and  lay  tracks  on  Columbus  Avenue,  between  Berkeley  bTw"cM/^Bcrket' 
Street  and  Boylston  Street,  the  board  of  aldermen  may  streets ^°^'^'^°" 
permit  other  companies  to  use  the  same,  and  in  case  any 


562 


1873.— Chapter  141. 


Ch.   141, 


Insurance  com- 
panies  to  be 
taxed  one  per 
cent. 


Proviso. 


Companies  in- 
corporated  in 
other  states,  two 
per  cent,  on 
premiums. 


Life  insurance 
companies  in- 
corporated in 
other  states,  rate 
cf  taxation. 


other  company  shall  obtain  such  location,  and  lay  such 
tracks,  the  board  of  aldermen  may  permit  said  Highland 
Street  Railway  Company  to  use  the  same. 

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

Approved  March  81,  1873. 

An  Act  in  relation  to  the  taxation  of  insurance  companies. 
Be  it  enacted,  &e.,  as  follows: 

Section  1.  Every  fire,  marine,  fire  and  marine,  and 
other  insurance  company,  incorporated  under  the  laws  of 
this  Commonwealth,  except  life-insurance  companies,  and 
except  such  companies  as  are  subject  to  the  provisions  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  shall,  as  hereinafter 
provided,  annually  pay  a  tax  or  excise  of  one  per  centum  on 
all  premiums  received  during  the  year  for  insurance, 
whether  in  cash  or  in  notes  absolutely  payable,  and  one 
per  centum  on  all  assessments  made  upon  policy-holders 
by  such  company ;  jjrovided,  /ioicever,  that  in  the  assess- 
ment of  such  tax,  premiums  received  in  other  states  where 
they  are  subject  to  a  like  tax,  shall  not  be  included. 

Section  2.  Every  fire,  marine,  fire  and  marine,  and 
other  insurance  company,  corporation,  association  or 
partnership,  which  is  incorporated  or  associated  by 
authority  of  any  other  state  of  the  United  States,  shall, 
as  hereinafter  provided, 'annually  pay  a  tax  or  excise  upon 
all  premiums  charged  or  received  on  contracts  made  in 
this  Commonwealth  for  the  insurance  of  property  or 
inierests  therein,  or  received  or  collected  by  agents  in 
this  Commonwealth,  at  the  rate  of  two  per  centum,  and 
at  such  greater  rate,  if  any,  as  shall  be  equal  to  the 
highest  rate  imposed  during  the  year  by  the  laws  of  such 
other  state  upon  insurance  companies  incorporated  by 
authorit}^  of  this  Commonwealth,  or  upon  their  agents, 
when  doing  business  in  such  state. 

Section  3.  Every  life-insurance  company,  corpora- 
tion, association  or  partnership,  incorporated  or  associated 
by  authority  of  any  other  state  of  the  United  States,  by 
the  laws  of  which  state  a  tax  is  imposed  upon  the  premium 
receipts  of  life-insurance  companies  chartered  by  this 
Commonwealth  doing  business  in  such  state,  or  upon  their 
ageuts,  shall  annually,  so  long  as  such  laws  continue  in 
force,  pay  a  tax  or  excise  upon  all  premiums  charged  or 
received  upon  contracts  made  in  this  Commonwealth,  at  a 
rate  equal  to  the  highest  rate  imposed  during  the  year 


1873.— Chapter  141.  563 

upon  life-insurance  companies  chartered  by  this  Common- 
wealth, or  their  agents,  doing  business  in  such  other  state. 

Sectiox  4.     Every  fire,  marine,  fire  and  marine,  and  other^e°m!trie^ 
other    insurance    company,    corporation,    association    or  fom- per  cent., 

or   wlitn  tlicrG 

partnership,  incorporated  or  associated  under  the  laws  of  is  guarantee 
any  government  or  state  other  than  one  of  the  United  cent.'  ^^°  ^^"^ 
States,  shall,  as  hereinafter  provided,  annually  pay  a  tax 
of  four  per  centum  upon  all  premiums  charged  or  received 
on  contracts  made  in  this  Commonwealth  for  insurance, 
or  received  or  collected  by  agents  in  this  Commonwealth  : 
provided,  however,  that  whenever  it  is  made  to  appear  to 
the  satisfaction  of  the  tax  commissioner  that  any  such 
company,  corporation,  association  or  partnership,  has, 
during  the  whole  term  for  which  the  tax  is  to  be  assessed, 
kept  deposited  with  the  insurance  or  other  departments  of 
any  state  of  the  United  States,  or  in  the  hands  of  trustees, 
resident  in,  and  citizens  of,  such  States,  for  the  general 
benefit  and  security  of  all  policy-holders  residing  in  the 
United  States,  securities  approved  by  the  insurance  com- 
missioner, of  the  value  of  two  hundred  thousand  dollars, 
which  have  been  at  all  times  availal)le  for  the  payment  of 
losses  in  this  Commonwealth,  the  tax  upon  the  premiums 
of  such  company,  under  this  section,  shall  be  assessed  at 
the  rate  of  two  per  centum.  The  certificate  of  the  insurance 
commissioner  may  be  received  by.  the  tax  commissioner  as 
sufficient  evidence  that  such  securities  have  been  so 
deposited. 

Section  5.  In  determining  the  amount  of  tax  due  Allowance  to  be 
under  the  preceding  sections  of  this  act,  there  shall  be  premiums7etc." 
deducted  in  each  case,  from  the  full  amount  of  premiums 
and  assessments,  unused  balances  on  notes  taken  for 
premiums  on  open  policies,  all  sums  paid  for  return 
premiums  on  cancelled  policies,  and  all  sums  actually  paid 
to  other  insurance  companies  incorporated  under  the  laws 
of  this  Commonwealth,  or  to  the  agents  of  foreio;n  com- 
panics,  for  re-insurance  on  risks,  for  which  a  tax  on  the 
premium  would  be  due,  had  no  re-insurance  been  etfected  : 
'provided,  that  nothing  in  this  section  shall  be  so  construed 
as  to  allow  dividends  in  scrip  or  otherwise,  in  stock, 
mutual  or  mixed  companies,  to  be  considered  return 
premiums. 

Sectiox  6.     Like     fines,     fees,     penalties,     deposits,  Fees,  etc.,  im. 
obligations  and  prohibitions    (not   being  less  in  amouut  stXstoblta- 
than  those  required  by  other  provisions  of  law  of  this  po«^<i^e^^- 

12 


564  1873.— Chapter  141. 

Commonwealth  in  similiar  cases),  are  imposed  npon,  and 
required  of,  all  insurance  companies,  corporations, 
associations  and  partnerships,  incorporated  or  associated 
by  authority  of  any  other  state  of  the  United  States 
doing  insurance  business  in  this  state,  and  their  agents 
doing  business  for  or  with  them,  as  are  or  shall  hereafter 
be,  by  law  of  such  state,  imposed  upon  companies 
incorporated  by  this  state,  or  upon  their  agents,  doing 
insurance  business  in  such  state.  Compliance  with  the 
requirements  of  the  provisions  of  this  section  as  to 
deposits,  obligations  and  prohibitions,  may  be  enforced, 
and  all  such  fines,  fees,  and  penalties  may  be  collected  by 
information  brought  in  the  supreme  judicial  court  by  the 
attorney-general  at  the  relation  of  the  insurance  com- 
missioner, and  upon  such  information,  and  upon  a  request 
therefor,  the  court  shall  issue  an  injunction  restraining  the 
further  prosecution  of  the  business  of  such  company, 
'  corporation,  association,  partnership  or  agent,  named 
therein,  until  such  requirements  are  complied  with,  and 
until  such  fines,  fees  and  penalties  are  paid,  Avith  costs 
and  interest. 
Companies  and  SECTION  7.  Evcry  couipauy,  which,  by  the  provisions 
returns  of  prom,  of  thc  first  scctiou  of  tliis  act,  is  required  to  pay  a  tax, 
shall,  between  the  first  and  fifteenth  days  of  November, 
in  each  year,  cause  to  be  made  to  the  tax  commissioner,  a 
return,  signed  and  sworn  to  by  its  secretary,  or  other 
officer,  cognizant  of  the  facts,  which  shall  set  forth  the 
amount  insured  by  said  company,  the  jDremiums  received, 
and  assessments  collected,  during  the  year  ending  with 
the  thirty-first  day  of  October  then  next  preceding. 
Every  agent  of  any  company,  corporation,  association  or 
partnership,  which  is  incorporated  or  associated  by  author- 
ity of  any  government  other  than  this  Commonwealth, 
doing  or  authorized  to  do  insurance  business  in  this 
Commonwealth,  shall,  between  the  first  and  fifteenth  days 
of  November,  in  each  year,  make  to  the  tax  commissioner 
a  return,  signed  and  sworn  to  by  him,  containing  the 
names  of  every  such  company,  corporation,  association  or 
partnership,  for  which  he  has  acted  as  agent  during  any 
part  of  the  year  ending  with  the  thirty-first  day  of 
October  then  next  preceding,  with  the  amount  insured  by 
him,  the  premiums  received,  and  assessments  collected  by 
him,  or  by  his  authority,  for  each  such  company,  corpora- 
tion, association  or  partnership,  during   such  year ;    but 


iums  received. 


1873.— Chapter  141.  565 

such  agents  only  of  life-insurance  companies  are  required 
to  make  return  as  are  not  accountable  to  any  other  agent 
in  this  Commonwealth  for  premiums  received. 

Such  returns  shall  contain  a  statement  of  the  whole 
amount  of  premiums  charged  or  received  by,  or  in  behalf 
of,  each  company,  corporation,  association  or  partnership, 
either  in  cash  or  notes  absolutely  payable,  and  the  amount 
claimed  as  a  deduction  therefrom,  under  any  of  the  pro- 
visions of  this  act,  specifying  the  whole  amount,  so 
claimed,  and  also  the  classes  of  deductions  and  amount  of 
each  class. 

Sectiox  8.     The  tax   commissioner   shall,  thereupon.  Assessment  to 
upon  such  statements,  and  on  such  other  evidence  as  he  not^eglvTn^ 
may   obtain,   proceed    to    assess   upon   such    companies, 
corporations,    associations    and    partnerships,    and    their 
agents,  the  taxes  prescribed  by  the  provisions  of  this  act, 
and  shall  forthwith,  upon  making  such  assessment,  forward 
written    or   printed  notices  to   such   companies,   or  their  ' 
agents,  in   this  Commonwealth,  stating   the   amounts    so 
determined   by   him   to   be    payable   by   each   company, 
corporation,    association,    partnership,    or   agent,    as    the 
case  may  be.     Such  taxes  shall  be  paid  to  the  treasurer 
and  receiver-general  on  the  tenth  day  of  December  next 
succeeding  the  time  lixed  in  the  preceding   section   for 
making  the  statement  therein  required. 

The  tax  commissioner  shall,  on  or  before  such  tenth  day  unpaid  taxes  to 
of  December,  deliver  to  the  treasurer  and  receiver-general  ^'^^  mterest. 
a  certificate  setting  forth  the  names  of  every  such  com- 
pany, corporation,  association,  partnership,  and  agent, 
upon  whom  such  tax  has  then  been  assessed ;  and  shall,  in 
like  manner,  make  certificate  of  any  further  assessments, 
if  any,  as  may  be  made  after  that  date.  All  such  taxes, 
whether  assessed  before  or  after  the  tenth  day  of  Decem- 
ber, shall  bear  interest  from  that  date  until  they  are  paid, 
at  the  rate  of  twelve  per  centum  per  annum. 

Section  9.  Every  company,  corporation,  association,  penalties  for 
partnership  and  agent,  fiiiling  to  make  the  return  required  return/°™*^^ 
by  the  provisions  of  this  act,  shall  forfeit  twenty-five 
dollars  for  such  default;  and  continuing  in  such  failure 
for  the  space  of  ten  clays  after  a  written  or  printed  notice 
thereof,  authorized  by  the  tax  commissioner,  has  been 
deposited  in  the  post-oflice,  postage  paid,  and  addressed 
to  such  company,  corporation,  association,  partnership  or 
agent,  shall  be  subject  to  a  further  penalty  of  five  hundred 


566 


1873.— Chapter  141. 


Penalty  for 
making  false 
return. 


Penalties,  how 
enforced. 


Companies  and 
agents  liable 
for  taxes. 


dollars ;  and  in  addition,  the  company,  corporation, 
association  or  agent  so  failing,  shall  be  liable,  npon 
information  by  tlie  attorney-general,  at  the  relation  of  thfe 
tax  commissioner,  to  injunction,  restraining  it  or  him,  as 
the  case  may  be,  from  transacting  the  business  of  such 
company,  corporation,  association  or  partnership  in  this 
Commonwealth,  until  such  returns  are  made. 

If  any  such  return  contains  statements  which  are  false, 
and  are  known,  or  which  by  the  exercise  of  reasonable 
care  might  have  been  known,  to  the  agent  making  it,  or  to 
the  officers  making  it,  to  be  so,  such  agent  or  corporation 
shall  be  liable  for  the  amount  of  tax  thereby  lost  to  the 
Commonwealth,  and,  in  addition,  to  a  penalty  of  not  less 
than  five  hundred  or  more  than  five  thousand  dollars. 

Such  penalties  may  be  recovered  by  an  action  of  tort, 
broiioht  at  the  instance  of  the  treasurer  ao;ainst  the  com- 
pany,  corporation,  association,  partnership  or  agent  in 
default;  and  no  such  company,  corporation,  association, 
partnership  or  agent  shall  be  liable  to  the  money  penalties 
imposed  by  this  section,  if  it  is  made  to  appear  that  the 
return  was  duly  made  and  deposited  by  said  agent  in  the 
jjost-offiee,  postage  paid,  and  properly  directed  to  the  tax 
commissioner,  and  that  there  was  no  neglect  on  his  part. 

Section  10.  Every  insurance  company  incorporated 
by  authority  of  this  Commonwealth,  and  every  such  com- 
pany, corporation,  association  or  partnership,  incorporated 
or  associated  by  authority  of  any  other  state  or  govern- 
ment, shall  be  liable  for  the  full  amount  of  all  taxes  so 
assessed  upon  the  premiums  or  assessments  received  by 
such  company,  corporation,  association  or  partnership,  or 
by  its  agents ;  and  each  agent  of  any  such  company, 
corporation,  association  or  partnership,  incorporated  or 
associated  by  authority  of  any  state  or  government  other 
than  this  Commonwealth,  shall  also  be  liable  for  the 
amount  assessed  upon  premiums  and  assessments  received 
by  him,  which,  with  interest  at  the  rate  of  twelve  per 
centum  per  annum,  may  be  recovered  in  an  action  of  con- 
tract brought  in  the  name  of  the  Commonwealth.  Such 
corporation,  company,  association  or  partnership,  shall  be 
further  liable,  upon  information  by  the  attorney-general  at 
the  relation  of  the  treasurer  and  receiver-general,  to 
injunction  restraining  said  company,  corporation,  associa- 
tion or  partnership  and  the  agents  thereof,  from  the 
further  prosecution  of  its  business,  until  all  taxes  due  as 


1873.— -Chapter  141.  567 

aforesaid,  with  costs  and  interest,  are  fully  paid.  Anj^ 
return  made  or  tax  paid  by  an  agent  shall  be  a  discharge 
to  that  extent  of  the  company,  corporation,  association  or 
partnership,  from  its  liability  to  make  a  return  or  pay  a 
tax  under  the  provisions  of  this  act. 

Section  11.  No  person  shall,  as  agent  of  any  insurance  Agents  must 
company,  corporation,  association  or  partnership  not  in- 
corporated or  associated  under  the  laws  of  this  Common- 
wealth, make  or  procure  to  be  made  any  insurance  in  this 
Commonwealth,  until  he  has  given  a  bond  to  the  treasurer 
and  receiver-general  of  the  Commonwealth,  with  sufficient 
sureties,  to  be  approved  by  said  treasurer,  in  the  sum  of 
two  thousand  dollars,  witli  condition  that  he  will  make 
all  the  returns,  and  pay  all  taxes,  fines  and  penalties, 
which,  by  the  provisions  of  this  act  and  of  any  other  laws 
of  this  Commonwealth,  he  is  or  shall  hereafter  be  required 
to  make  and  pay,  according  to  the  requirements  of  such 
laws.  Any  person  making  insurance,  or  causing  or  pro- 
curing insurance  to  be  made,  in  violation  of  the  provisions 
of  this  section,  shall  be  liable  to  pay  a  fine  of  not  exceed- 
ing one  thousand  dollars  :  provided,  however,  as  to  agents  proviso  as  to 
in  this  Commonwealth  of  life-insurance  companies  incor-  «"'^"'''s«it8. 
porated  or  associated  by  authority  of  any  state  or  govern- 
ment other  than  this  Commonwealth,  that  such  agent  or 
agents  only  of  such  life-insurance  companies  shall  give  the 
bond  required  by  tliis  section  as  are  not  accountable  to 
any  agent  in  this  state  for  premiums  received. 

Section  12.  If  at  anytime  the  treasurer  and  receiver-  Treasurer  may 
general  shall  become  satisfied  that  any  bond  already  filed  bondT  "^^ 
with  him  under  the  provisions  of  this  or  any  other  law  of 
this  Commonwealth,  by  any  agent  or  general  agent  of  any 
insurance  company,  corporation,  association  or  partnership, 
has  become  insufficient  as  a  security,  whether  from  death, 
removal  from  the  state,  or  pecuniary  insufficiency  of  the 
sureties,  he  shall  require  such  agent  to  file  a  new  bond  ^ 

with  another  surety  or  sureties,  with  like  conditions.  Tlie 
same  penalties  and  prohibitions  shall  apply  to  any  agent, 
general  agent  and  company,  corporation,  association  or 
partnership,  failing,  for  the  space  of  ten  days  after  notice, 
to  file  such  new  bond,  as  are  or  shall  be  provided  by  law, 
for  failure  or  neglect  to  file  the  original  bond. 

Section  13.  The  duties  required  by  this  act  to  be 
performed  by  the  tax  commissioner  may  be  performed  by 
his  deputy,  appointed  under  the  provisions  of  chapter  two 


568 


1873.— Chapter  142. 


Insurance  com 
missioner's 
powers  and 
duties. 


huiidrecl  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five. 

Section  14.  All  general  laws  relating  to  the  duties, 
obligations,  prohibitions  and  penalties  appertaining  to 
insurance  companies  incorporated  by  authority  of  this 
Commonwealth,  and  all  laws  defining  the  powers  and 
duties  of  the  insurance  commissioner  in  relation  thereto, 
shall,  except  as  herein  before  provided,  apply  to  any 
company,  corporation,  association,  partnership  or  individ- 
ual, doing  any  kind  of  insurance  business  in  this  Common- 
wealth, by  whatever  authority  incorporated,  formed  or 
associated. 

Section  15.     The  second  sentence  of  section  sixty-nine, 
and  the  whole  of  section  seventy,  of  chapter  fifty-eight 
1.2.  of  the  General  Statutes ;  sections  one,  two,  six  and  ten  of 
chapter  two  hundred  and  twenty-four  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-two ;  chapter  one  hun- 
dred   and    sixty-five    of    the    acts    of   the   year   eighteen 
hundred   and    sixty-eight ;     chapter   three    hundred    and 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
1871, 297, §§ 7, 10.  seventy;  sections  seven  and  ten  of  chapter  two  hundred 
and  ninety-seven  of  the  acts  of  the  year  eighteen  hundred 
1872, 245, 228.      and   seveuty-oue ;    chapter   two  hundred    and  forty-five, 
1872, 325, §§5,6,8.  chapter  two  hundred  and  twenty-eight,  and  sections  five, 
six  and  eight  of  chapter  three  hundred  and  twenty-five,  all 
of  the  acts  of  the  year  eighteen  hundred    and    seventy- 
two  ;    and   any    other   acts    and   parts   of    acts,    if   any, 
inconsistent  herewith,  are  repealed ;  but  this  repeal  shall 
not  revive  any  act  by  such  acts  repealed,  or  efi'ect  any 
liability  already  incurred  under  said  acts,  or  the  remedies 
for  recovering  or  enforcing  the  same. 

Section  16.     This  act  shall  take  efi'ect  upon  its  passage. 

Aj)proved  March  31,  1873. 


Repeal  of  G.  S. 
58,  §  70,  and  part 
of  §  69. 

1862,  224, 
6,10. 


1868,  165. 


1870,  391. 


Cli.   142. 


One-half  of  fine 
paid  for  effect- 
ing fraudulent 
insurance,  &c., 
be  paid  over  to 
complainant. 


Proviso. 


An  Act  for  the  prevention  of  fraudulent  insurance. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  When  a  person  is  convicted  of  violating  any 
law  regulating  the  negotiation  of  contracts  of  insurance, 
or  the  placing  of  insurance  risks  in  companies  not  author- 
ized to  transact  the  business  of  insurance  in  this  Common- 
wealth, and  is  sentenced  to  pay  a  fine  therefor,  the  person 
or  persons  upon  whose  complaint  such  conviction  is  had, 
shall  receive  one-half  of  the  fine  so  paid  :  provided,  that 
nothing  contained  in  this  section  shall  apply  to  any  case 


1873.— -Chaptees  143,  144.  569 

iu  which  the  insurance  commissioner  or  his  deputy  is  the 
comi3lainant. 

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

Apxjroved  March  31,  1873. 

Ax  Act  relating  to  solitary  ijiprisonment.  (Jj^^    243 

Be  it  enacted,  cfcc,  as  follows  : 

Section  1.     Section  thirty-four  of  chapter  one  hundred  ceiis  in  prisons 

1  J  •     ^  J         r>    J 1  /-^  T      r^i     1  •  -t      t    used  for  solitary 

and   seventy-eight  ot  the  (jreneral    Statutes,  is  amended  confinement  to 
by  adding  the  following  words.  ^  aiui supplied 

"No  cell  in  any  prison,  jail  or  workhouse  shall  be  used  bedding*"""* 
as   a  place  for  solitary  imprisonment  unless  it  is  properly  ^-  ^-  ^'^'  ^  ^• 
ventilated,  and  furnished  with  a  sufficient  amount  of  bed- 
ding to  protect  the  inmate  from  any  unnecessary  injury  to 
health." 

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

A2)2yroved  Ax>ril  2, 187?. 

An  Act  in  addition  to  the  acts  for  the  erection  and  regula-  r~ij      -i  a\ 

TION  OF  MILLS.  ^  '"      -•-**• 

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

Section  1.     Whenever  any  person  owning,  erecting  or  when  a  dam  is 
maintaining   a  water-mill,  or   a   dam   to    raise  water   for  acr^oss'^astrlam 
working  such  mill,  upon  or  across  any  stream  not  naviga-  as\oTvlrflow° 
ble,  under  chapter   one   hundred   and   forty-nine    of  the  ^  p';''^"°  ^•'^y- 

r^  1      Oi    ill-  j_  •  J  .  •  application  IS  to 

(jreneral  Statutes,  desires  to  raise,  erect  or  maintain  a  be  made  to  the 
dam,  at  such  height,  or  in  such  manner  as  to  overflow  or 
otherwise  injure  an  existing  public  way,  he  may  apply 
by  petition  to  the  county  commissioners  of  the  county  in 
which  such  way  is  located,  setting  forth  the  height  at 
which  it  is  desired  to  maintain  such  dam,  and  the  ways, 
which  it  is  expected  may  be  injured  thereby,  and  asking 
for  the  alteration,  change  of  grade,  or  specific  repairs  of 
such  ways.  Said  commissioners,  after  a  hearing  upon  any 
such  petition,  may  order  such  alteration,  repairs  or  change 
of  grade  of  such  ways,  as  will  in  their  judgment,  enable 
the  petitioner  to  raise,  erect  and  maintain  such  dam  with- 
out overflowing  or  otherwise  injuring  such  ways,  and  they 
may  give  written  direction  and  authority  to  such  petitioner 
to  make,  at  his  own  expense  such  alterations,  changes  of 
grade  and  repairs,  within  a  reasonable  time.  Thej'shall 
record  all  such  orders  and  cause  certified  copies  of  the 
same  to  be  filed  and  recorded  iu  the  office  of  the  town 
clerk  of  each  town  in  which  such  alterations,  changes  of 
grade  or  repairs  are  ordered. 


county  commis- 
sioners. 


570  1873.— Chapters  145,  146. 

Notice  of  hear-        Sectiox  2.     Notice  of  the  Iiearinoj  upon  anv  siich  peti- 

in£r  to  DG  ffivcii  to  o      i.  •/  i. 

parties  iutor-  tioii  shall  be  givGii  to  the  towns  in  which  the  ways  are 
situated,  and  to  the  owners  or  occupants  of  hinds  aifected 
thereby,  in  the  same  manner  as  notice  of  the  laying  out 
of  highways  is  given  :  the  commissioners  shall  assess  and 
order  to  be  paid  by  the  petitioner  all  damages  sustained 
by  any  person  or  corporation  by  reason  of  the  alterations, 
changes  of  grade  or  repairs  ordered  by  them,  and  any 
person  or  corporation  aggrieved  by  such  assessment,  may 
on  application  within  one  year  from  the  entry  of  such  order, 
have  the  damages  assessed  by  a  jury,  in  the  manner  pro- 
vided by  law  for  the  assessment  of  damages  occasioned 
by  the  laying  out  or  discontinuance  of  highways. 
Costs  to  be  paid  SECTION  3.  The  costs  of  all  proceedings  under  this  act 
J  pe  1  loiHis.  ^Yiall  be  paid  by  the  petitioners  ;  and  they  may  be  re- 
quired by  the  county  commissioners  to  recognize  with 
sufficient  sureties  for  the  payment  of  the  same. 
Compliance  Section  4.     Tlic  Order  of  the  county  commissioners, 

commissLners    duly  issucd  uudcr  tliis  act,  shall  be  deemed  to  authorize 
indictment  for''  the  petitioner  to  do  all  acts  necessary  to  be  done  in  coiji- 
flowage,  &c.       pliance  therewith ;  and  if  it  is  shown  that  the  petitioner 
has  substantially  complied  with  such  order,  no  indictment 
shall  be  maintained  for  the  flowage  or  injury  by  means  of 
the  dam  of  the  ways  mentioned  in  such  order. 
Right  to  main-        Section  5.     Notliino;  in  this  act  shall  impair  the  ri2:ht 

tain  existing  „  !_•  j_  ...-^  •.• 

dam  not  im-      01  any  pcrsou  or  corporation  to   maintain    any  existing 
^^"^■^  '  water-mill  or  dam. 

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

Approved  April  2,  1873. 

C^h        145     ^    "^^^    FIXING    THE    FEES    OF    CLERKS    AND   REGISTRARS   FOR   THE 

REGISTRY  AND  RETURN  OF  BIRTHS. 

Be  it  enacted,  &c.,  as  folloivs: 
Fee  for  obtain-        SECTION  1.     The  clcrk  or  reo;istrar  of  a  city  or  town 
to  each  birth,     sliall  rcccive  the  sum  of  fifty  cents  for  receiving  or  obtaiii- 
centa.^*^    *^       iug,  recoi'diug,  indexing  and  returning  the  facts  relating 
to  each  birth ;  but  a  city  or  town  containing  more  than 
ten  thousand  inhabitants  may  limit  the  aggregate  compen- 
sation allowed  to  their  clerk  or  registrar. 

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

Apijyrovcd  Aj^ril  2,  1873. 

OJl        1  4-fi     ^  ^^^  AUTHORIZING  THE  OLD  COLONY  RAILROAD   COMPANY   TO  CON; 
\^n.      ±^U.  STRUCT  A  BRANCH  RAILROAD  IN   BARNSTABLE. 

Be  it  enacted,  &c.,  as  follows  : 
braL°h"hrough       Section  1.     The  Old  Colony  Eailroad  Company  may 
centreyiiie  to     coustruct  Eud  maintain  a  branch  railroad  beginning  at  a 

Hyannis,  °  ° 


1873.— Chapters  147,  148,  149.  571 

point  in  the  present  track  of  its  railroad,  at  or  near  its 
station,  at  West  Barnstable,  in  the  town  of  Barnstable ; 
thence  running  southerly  to  a  point  near  the  village  of 
Marston's  Mills  ;  thence  running  easterly,  passing  through 
or  near  Centreville,  into  the  village  of  Hyaunis. 

Section  2.     For  the  iDurposes  aforesaid  the  said  cor-  May  issue  new 

,  .  .  1       1     J.  J.  J.  T  stoek  not  ex- 

poration  may  issue  new  stock  to  an  amount  not  exceedmg  ceediug«i2oo,ooo. 
two  hundred  thousand  dollars,  which  may  be  issued  to 
subscribers  at  not  less  than  its  par  or  market  value,  and 
upon  such  terms  as  the  parties  may  agree. 

Section  3.     Said    branch    railroad    shall    be    located  ^?,iT„'^^o  years 
within  two  years  and  constructed  within  four  years  from  jnci  buiit  wuhin 

-^  J  four  years. 

the  passage  or  this  act. 

Section  4.     Said  company  for  the  purposes  named  in  powers  and 
this    act,    shall  have  the  powers  and  privileges,    and  be  '^'^^"^*" 
subject  to  the  duties,  restrictions  and  liabilities  set  forth 
in  the  general  laws  which  now  are  or  hereafter  may  be 
in  force  relating  to  railroad  corporations. 

Approved  April  2,  1873. 

An  Act  to  extend  the  time  for  tue  location  op  the  Plymouth  rij      -i  ^fr 

COUNTY    railroad.  ^     * 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  time  allowed  to  locate  the  Plymouth  Time  for  loca. 
County  Railroad  is  extended  eighteen  months. 

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

Approved  April  2, 1873. 

An  Act  extending  the  time  allowed  for  locating  the  road  ^j      -i  jq 

OF  THE  SOUTHBRIDGE  AND  PALMER  RAILROAD  COMPANY.  ^'^'      ^^^' 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  time  allowed  for  locating  the  road  of  Time  for  loca- 
the  Southbridge  and  Palmer  Railroad  Company  is  extended  ^^^^  extended. 
one  year. 

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

Aj)])roved  April  2,  1873. 

An  Act  to  amend  the  charter  of  the  Springfield  street  rail-  /-ij      -i  ACi 
WAY  company,  ^'^'     ^^*^' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  Springfield  Street  Railway  Company  May  extend 
may  extend  its  street  railway,  from  its  present  terminus  in  field.'"  ^^™^' 
State  Street,  easterly  to  some  convenient  point  near  East- 
ern Avenue  in  said  city. 

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

Approved  April  2,  1873. 


572  1873.— Chapters  150,  151,  152. 

Ch        1  lO     ^^  ^^^  ^*^  IXCORFORATE  THE  FITCHBURG  STREET  RAILWAY  COJIPANT. 

Be  it  enacted,  &c.,  as  follows  : 

corporatore.  SECTION  1.     Joliii   B.    Proctor,    Hcmy   A.    Goodrich, 

William  F.  Day,  Oliver  W.  Mead,  William  Baker,  Gard- 
ner P.  Hawkins,  John  L.  Butman,  their  associates  and 

Name  and  pur-    succcssors,  are  made  a  corporation  under  the  name  of  the 

pose.  Fitchbvirg    Street   Railway  Company ;  -with   authority   to 

construct,  maintain  and  operate  a  street  railway,  bcgin- 

Route^  ning   at    some  point  on   the   Lunenburg  road   near  East 

Street,  and  running  through  Summer  Street  to  Main, 
throuo:h  ISIain  to  West  Street:  through  West  to  River 
Street ;  through  River  Street  to  the  Westminster  road  in 
West  Fitchburg,  and  from  INIain  Street  through  A^'ater 
Street  to  the  jail  in  South  Fitchburg. 

Capital  stock.  Sectiox  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  fifty  thousand  dollars.       Apx>raved  April  2, 1873. 

rij      -{  r-i    Ax  Act  to  legalize  certain  acts  and  proceedings  of  the  ltnn 

O/fc.      lOl.  jj^g  LIGHT  company. 

Be  it  enacted,  &c.,  as  follows  : 
Proceedings  SECTION  1 .  The  votc  of  the  Lynn  Gas  Light  Company, 

confirmed..  passcd  ou  the  eighteenth  day  of  Novem]>er,  in  the  year 
eighteen  hundred  and  seventy-two,  authorizing  an  increase 
of  the  capital  stock  of  said  company  to  the  sum  of  three 
hundred  thousand  dollars,  and  all  subsequent  proceedings 
under  said  vote,  so  far  as  the  same  are  now  entered  and 
appear  upon  the  records  of  said  company,  are  ratified  and 
confirmed. 

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

Approved  April  2,  1873. 

pi  J      -|  ;-Q    An  Act  in  addition  to  the  several  acts  concerning  the  first 

iy/l.      lO^.  PARISH  IN  ROWLEY, 

Be  it  enacted,  &c.,  as  follows  : 
Repeal  of  certain      Section  1.     The  act  passcd  Oil  the  thirteenth  day  of 

nets  concorniiicf 

the  First  Parish  May,  eighteen  hundred  and  fifty-two,  entitled  an  act  in 

111  Rowley.        addition  to  the  several  acts  concerning  the  First  Parish  in 

Rowley ;    and  also  the  act  passed  on  the  fourth  day  of 

March  eighteen  hundred  and  twenty-nine,  entitled  an  act 

in  addition  to  the  several  acts  establishing  the  First  Parish 

in  Rowley,  are  herel^y  repealed. 

Burial  ground  to      Section  2.     All  the  real  estate  held  by  the  said  first 

the^t«wu.  ^    ^  parish  of  Rowley  and    occupied   by   them   for   a   burial 

ground  shall  hereafter  be  held  and  controlled  by  the  town 

of  Rowley  for  like  purposes.  Approved  Ajml  2, 1873. 


1873.— Chapters  153,  154.  573 

An  Act  to  authokize  the  pkopkietors  of  the  first  parish  ix  rij.      1^0 

NEWBURY  TO  SELL  REAL  ESTATE. 

Be  it  enacted,  c6c.,  as  follows: 

Section  1.     The  proprietors  of  the  first  parish  in  New-  M;iysciiroai 
bury  may  sell  all  the  lands  belonging  to  said  parish  at  ^^ "" "" 
public  or  private  sale,  and  invest  the  proceeds  of  such  sale 
in  such  manner  as  a  majority  may  determine,  not  incon- 
sistent with  the  purposes  for  which  such  lands  are  now 
held. 

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

Ap2^roved  April  2  1873. 

An  Act  to  establish  the  city  of  holyoke.  QJi^    151. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  inhabitants  of  the  town  of  Holyoke  city  of  noiyoke 
shall  continue  to  be  a  body  politic  and  corporate,  under  *^^'''^^^'^^^'^- 
the  name  of  the  city  of  Holyoke,  and  as  such,  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers  and 
privileges,  and  shall  be  subject  to  all  the  duties  and  obli- 
gations now  incumbent  upon  and  pertaining  to  the  said 
town  as  a  municipal  corporation. 

Section  2.     The  administration  of  all  the  fiscal,  pru-  Goven-ment 
dential  and  municipal  affairs  of  the   said  city,  with  the  L\d  dtyVouudi. 
government  thereof,  shall  be  vested  in  one  officer,  to  be 
called  the  mayor ;  one  council  of  seven,  to  be  called  the 
board  of  aldermen ;  and  one  council  of  twenty-one,  to  be 
called  the  common  council ;   whieli  boards,  in  their  joint 
capacity,  shall  be  denominated  the  cit}^  council,  and  the 
members  thereof  shall  be  sworn  to  the  faithful  performance 
of  their  respective  duties.     A  majority  of  each  board  shall  Quorum. 
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  P'^=*='on  of  town 
said  town,  as  soon  as  may  be  after  the  passage  of  this  act, 
and  its  acceptance  as  herein  provided,  to  divide  said  town 
into  seven  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  revised  by  the  city  council  within  two  years  from 
the  passao-e  hereof.     The  city  council  may,  in  the  vear  New  divisions 
eighteen   hundred  and   eighty,   and    in    every   fifth   year  every  five  years. 
thereafter,  make  a  new  division  of  said  wards,  so  that  they 
shall  contain,  as  nearly  as  may  be  consistent  with  well- 
defined  limits  to  each  ward,  an  equal  number  of  voters  in 


574 


1873.— Chapter  154. 


Annual  elec- 
tion. 


Election  of  ward 
officers. 


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  otEcers  shall 
take  place  on  the  first  Tuesday  of  December,  annually, 
and  the  municipal  year  shall  begin  on  the  lirst  Monday  of 
January  following. 

Section  5.  On  the  first  Tuesday  of  December,  annu- 
ally, there  shall  be  elected  by  ballot,  in  each  of  said 
wards,  a  warden,  clerk,  and  three  inspectors  of  elections, 
who  shall  be  dift'erent  persons,  residents  in  the  ward,  who 
shall  hold  their  offices  one  year,  and  until  others  shall  be 
Ward  meetings,  elcctcd  aiid  qualified  in  their  stead.  Said  wardens  shall 
preside  at  all  ward  meetings,  with  the  powers  of  mod- 
erators at  town  meetings ;  and  if  at  any  meeting  the 
warden  is  not  present,  the  clerk  shall  preside  until  a 
warden  pro  tempore  is  elected  by  ballot ;  if  both  the 
warden  and  clerk  are  absent,  the  senior  in  age  of  the  in- 
spectors present  shall  preside  imtil  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  ji)?'o 
tempore  is  elected.  When  any  ward  officer  is  absent,  or 
neglects  to  perform  his  duty,  his  office  shall  be  filled  jjro 
teriqwre.  The  clerk  shall  record  all  the  proceedings  and 
certify  the  votes,  and  deliver  to  his  successor  in  office  all 
the  records,  journals,  documents  and  papers  held  by  him  in 
his  said  capacity.  The  inspectors  shall  assist  the  warden 
Ward  officers  to  in  receiving,  assorting  and  counting  the  votes.  All  said 
officers  shall  be  sworn  to  a  faithful  discharge  of  their 
duties,  said  oath  to  be  administered  by  the  clerk  to  the 
warden  and  by  the  warden  to  the  clerk,  and  to  the  inspec- 
tors or  to  either  of  said  officers  by  any  justice  of  the  peace 
for  the  county  of  Hampden.  Certiticates  of  such  oaths 
shall  be  made  by  the  clerk  upon  the  ward  records.  All 
warrants  for  meetings  of  the  citizens  for  municipal  pur- 
poses, to  be  held  either  in  wards  or  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  such  times  as  the  city  council  shall  direct.  The  com- 
pensation of  the  ward  officers  shall  be  fixed  by  concurrent 
vote  of  the  city  council. 

Section  6.  The  mayor,  city  clerk,  and  city  treasurer 
shall  be  elected  by  the  qualified  voters  of  the  city  at  large, 
voting  in  their  respective  wards,  and  shall  hold  their 
offices  for  the  municipal  year  next  following  their  election, 
and  until  others  shall  be  elected  and  qualified. 


Clerk  and  in 
specters. 


be  sworn. 


Meetings  of 
citizens. 


Mayor,  clerk 
and  treasurer 


1873.— Chapter  154.  575 

Sectiox  7.  One  aldermau  shall  be  elected  by  and  Aldermen. 
from  the  voters  of  each  ward,  and  shall,  at  the  time  of  his 
election,  be  a  resident  of  the  ward  in  which  he  is  so  elected. 
Each  aldermau  shall  hold  his  office  for  the  municipal  year 
next  following  his  election,  and  until  a  majority  of  the 
new  board  shall  be  elected  and  qualified. 

Section  8.  Three  commou  councilmen  shall  be  elected  common  coun. 
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  ;  the}'  shall  hold  their  offices  for 
the  municipal  year  next  following  their  election,  and  until 
a  majority  of  the  new  board  shall  be  elected  and  qualitied. 

Section  9.     On  the  first  Tuesday  of  December,  annu-  Election  on  first 
ally,  the  qualified  voters  in  the  several  wards  shall  give  in  Decemti\?an- 
their  votes  by  ballot,  for  mayor,  city  clerk,  city  treasurer,  ""'^"i- 
aldermen  and  common  councilmen,  in  accordance  with  the 
provisions  of  this  act ;  and  all  the  votes  so  given  shall  be 
assorted,  counted,  declared  and  recorded  in  open  ward- 
meeting  by  causing  the  names  of  persons  voted  for,  and 
the  number  giveu  for  each,  to   be  written  in  the  ward- 
record  at  Icnoth.     The  clerk  of  the  ward,  within  twenty-  certificates  of 
four  hours  thereafter,  shall  deliver  to  the  persons  elected 
members  of  the  common  council,  certificates  of  their  elec- 
tions respectively,  signed  by  the  warden  and  clerk  and  a 
majority  of  the  inspectors  of  elections,  and  shall  deliver 
to  the  city  clerk  a  copy  of  the  record  of  such  elections, 
certified  in  like  manner.     The  board  of  aldermen  shall,  ^i''^'odfie'dbj° 
within   ten   days   thereafter,  examine   the    copies    of  the  aWermen. 
records  of  the  several  wards,  certified  as  aforesaid,  and 
shall  cause  the  person  who  shall  have  been  elected  mayor 
to  be  notified,  in  writing,  of  his  election  ;  but  if  the  person  in  case  of  failure 
elected  shall  refuse  to  accept  the  office,  the  board  shall  or  ws  refusal  to 
issue  warrants  for  a  new  election,  and  the  same  proceed-  *"="?' <'^*'^- 
ings  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  maj-or  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  vacancy, 
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 


576 


1873.— Chapter  154. 


Aldermen  and 
councilmcn  to 
meet  in  co?ivcii- 
tion  first  Mon- 
daj-  of  January 
and  be  sworu. 


Common  conncil 
to  be  organized 
by  choice  of 
president  and 
clerk. 


City  council  to 
organize  in  ab- 
sence or  non- 
election  of 
mayor. 


President  of 
board  of  alder- 
men pro  tern. 


Each  board  to 
keep  record  of 
proceedings. 


Mayor  to  be 
cliief  executive 
officer  of  the 
city. 


May  remove 
officers  with 
consent  of  np-* 
pointing  power. 


elected  shall  hold  his  office  until  the  inability  causing  such 
vacancy  shall  be  removed,  or  until  a  new  election.  Each 
alderman  shall  be  notified  in  writing  of  his  election  by  the 
mayor  and  aldermen  for  the  time  being.  The  oath  pre- 
scribed by  this  act  shall  be  administered  to  the  mayor  by 
the  city  clerk,  or  by  any  justice  of  the  peace  for  the 
county  of  Hampden.  The  aldermen  and  common  council- 
men  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  administered  to  the 
members  of  the  two  boards  present,  by  the  mayor  or  by 
any  justice  of  the  peace  for  the  county  of  Hampden,  and  a 
certificate  of  such  oath  having  been  taken,  shall  be  entered 
on  the  journal  of  the  maj^or  and  aldermen,  and  of  the 
common  council,  by  their  respective  clerks.  After  the 
oath  has  been  administered  as  aforesaid,  the  two  boards 
shall  separate,  and  the  common  council  shall  be  organized 
by  the  election  of  a  president  and  clerk,  to  hold  their 
offices  respectively  clnring  the  i)leasure  of  the  common 
council,  the  clerk  to  be  under  oath  fiiithfully  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  ]\Ionday  of 
January,  or  if  a  mayor  shall  not  then  have  been  elected, 
the  city  council  shall  organize  itself  in  the  manner  herein 
before  provided,  and  may  proceed  to  business  in  the  same 
manner  as  if  the  mayor  was  present ;  and  the  oath  of 
office  may  at  any  time  thereafter,  in  convention  of  the  two 
boards,  be  administered  to  the  mayor,  and  any  member  of 
the  city  council  who  may  have  been  absent  at  the  organ- 
ization. In  the  absence  of  the  mayor,  the  board  of  alder- 
men may  elect  a  presiding  officer,  pro  (etnpore,  who  shall 
also  preside  at  the  joint  meetings  of  the  two  boards. 
Each  board  shall  keep  a  record  of  its  own  proceedings, 
and  judge  of  the  elections  of  its  own  members ;  and  in 
case  of  vacancy  in  either  board,  the  mayor  and  aldermen 
shall  issue  their  warrants  for  a  new  election. 

Section  10.  The  mayor  shall  be  the  chief  executive 
officer  of  the  city.  It  shall  be  his  duty  to  be  active  and 
vigilant  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  opinion  the  public  good  ma}'-  require,  remove,  with 
the    consent   of  the   appointing   power,  any  officer   over 


1873.— Chapter  154..  577 

whose  appointment  be  has,  in  accordance  with  the  provis- 
ions of  this  charter,  exercised  the  power  of  nomination. 
He  may  call  special  meetings  of  the  boards  of  aldermen  M:>y  caii  special 
and   common    council,   or  either   of  them,   when   in    his  bomas: 
opinion  the  interests  of  the  city  require  it,  by  causing 
notices  to  be  left  at  the  usual  place  of  residence  of  each 
member  of  the  board  or  boards  to  be  convened.     He  shall 
from  time  to  time  communicate  to  both  boards   such  in- 
formation, and  recommend  such  measures  as  the  business 
and  interests  of  the  city  may  in  his  opinion  require.     He  to  preside  in 
shall  preside  in  the  board  of  aldermen  and  in  convention  ^en  and  in  con- 
of  the  two  boards,  biit_,shall  have  a  casting  vote   only,  vention. 
His  salary  for  the  first  five  years,  under  this  charter,  shall  salary. 
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  11.     The  executive  power  of  said  city  gener-  Executive 
ally,  with  all  the  powers  heretofore  vested  in  the  select-  E"mayor  ^d 
men  of  towns  by  the  laws  of  the  Commonwealth,  shall  be  '*'<^''™'^°- 
vested  in  and  may  be  exercised  by  the  mayor  and  alder- 
men as  fully  as  if  the  same  were  herein  specially  enumer- 
ated.    The  mayor  and  aldermen  shall  have  full  and  ex-  constables  and 

d.  ..  .11  j_ii  1'^  police  officers, 

usive  power  to  appoint  a  constable  or  constables,  a  chiet 

of  police  with  all  the  powers  and  duties  of  a  constable,  and 
all  other  police  and  all  sul)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  amount  as  the}''  may  deem 
reasonable  and  proper ;  upon  which  bonds  the  like  pro- 
ceedings and  remedies  may  be  had  as  are  by  law  provided 
in  case  of  constable's  bonds  taken  by  the  selectmen  of 
towns.  The  compensation  of  the  police  and  other  sub- 
ordinate officers  shall  be  fixed  by  concurrent  vote  of  the 
city  council.  The  city  council  shall  have  the  care  and  have^are"!!/" 
superintendence  of  the  city  buildings  and  the  custody  and  public  pi operty. 
management  of  all  citj'-  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- 


578 


1873.— Chapter  154. 


Annual  report 
of  receipts  and 
expenditures. 


Appointments 
Ijy  mayor  and 
aldermen,  how 
made. 


Sittings  not  ex- 
ecutive, to  be 
public. 


Collector  of 
taxes  to  be  elect- 
ed in  convention. 


City  solicitor 
and  auditor  to 
be  elected  by 
concurrent  vote. 


Proviso. 


City  clerk  to  be 
clerli  of  board 
of  aldermen. 


Overseers  of  the 
poor  to  be  elect- 
ed in  convention. 


ment  require  it ;  and  they  shall,  as  often  as  once  a  year, 
cause  to  be  published,  for  the  use  of  the  inhabitants,  a 
particular  account  of  the  receipts  and  expenditures,  and  a 
schedule  of  city  property  and  of  the  city  debt. 

Section  12.  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  suliject,  however,  to  confirmation  or  rejection  by 
the  board  of  aldermen ;  and  no  person  shall  be  eligible  by 
appointment  or  election  to  any  otfice  of  emolument,  the 
salary  of  which  is  payable  out  of  the  city  treasury,  who, 
at  the  time  of  such  appointment  or  election,  shall  be  a 
member  of  the  board  of  aldermen  or  of  the  common  coun- 
cil. All  sittings  of  the  mayor  and  aldermen,  of  the  com- 
mon council,  and  of  the  city  council,  shall  be  public  when 
they  are  not  engaged  in  executive  business. 

Section  13.  The  city  council  shall,  annually,  as  soon 
after  their  organization  as  may  be  convenient,  elect  by 
joint  ballot  in  convention,  a  collector  of  taxes,  one  or 
more  superintendents  of  higliAvays,  and  city  physician, 
and  by  concurrent  vote,  a  city  solicitor  and  city  auditor, 
who  shall  hold  their  offices  respectively  for  the  term  of 
one  year,  and  until  their  successors  shall  be  chosen  and 
qualified  :  provided,  hoivever,  that  either  of  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  men- 
tioned in  this  section,  together  with  the  city  clerk  and 
city  treasurer,  shall  be  fixed  by  concurrent  vote  of  the 
city  council. 

Section  14.  The  city  clerk  shall  also  be  clerk  of  the 
lioard  of  aldermen,  and  shall  be  sworn  to  the  faithful  per- 
formance of  his  duties.  He  shall  perform  such  duties  as 
shall  be  prescribed  by  the  board  of  aldermen  ;  and  he 
shall  perform  all  the  duties  and  exercise  all  the  powers 
incumbent  by  law  upon  him.  He  shall  deliver  to  his 
successor  in  office,  as  soon  as  chosen  and  qualified,  all 
journals,  records,  papers,  documents  or  other  things  held 
by  him  in  his  capacity  as  city  clerk. 

Section  15.  The  city  council  elected  in  December,  in 
the  year  eighteen  hundred  and  seventy-three,  shall,  as 
soon  after  their  organization  as  may  be  convenient,  elect 
by  joint  ballot  in  convention  three  persons  to  be  overseers 


1873.— Chapter  154.  579 

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  con- 
venient, elect  in  the  same  manner  one  person  who  shall 
hold  his  office  for  the  term  of  three  years  next  ensuing, 
and  until  another  shall  be  elected  and  qualified  in  his 
stead.  The  persons  so  elected  shall,  with  the  mayor  and 
president  of  the  common  council,  constitute  the  board  of 
the  overseers  of  the  poor.  The  mayor  shall  be  ex  officio  Mayor  to  be 
chairman  of  the  board.  Vacancies  occurring  in  the  board  LarT''"" 
may  be  filled  by  joint  ballot  of  the  city  council  at  any  vacancies. 
time ;  the  person  so  elected  to  hold  office  only  for  the  un- 
expired 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.  No  more  than  one 
of  the  three  members  shall  be  eligible  for  said  office  from 
any  one  ward  of  said  city. 

Section  16.     The  city  council  elected  in  December  in  Assessors  of 
the   year   eighteen   hundred  and  seventy-three,  shall,  as  ekcteAy^on- 
goon  after  their  organization  as  maybe  convenient,  elect '"^"^'^*^°*®' 
by  concurrent  vote  three  persons  to  be  assessors  of  taxes, 
one  for  three  j^ears,  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.     The  persons 
so  elected  shall  constitute  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  vacancies. 
board  may  be  filled  by  concurrent  vote  of  the  city  council 
at  any  time,  the  person  so  elected  to  hold  office  only  for 
the  unexpired  term  of  the  member  who  has  ceased  to  hold 
office.     All  taxes  shall  be  assessed,  apportioned  and  col- 
lected in  the  manner  prescribed  by  the  general  laws  of  the 
Commonwealth  :  provided,  however,  that  the  city  council 
may  establish  further  or  additional  provisions  for  the  col- 
lection thereof.     The  compensation  of  the  assessors  shall  Compensation. 
be  fixed  by  concurrent  vote  of  the  city  council. 

Section  17.     The  school  committee  of  the  city  shall  school  co 
consist  of  nine  persons,  two  of  whom  shall  be  chosen  from 
the  city  at  large  and  one  by  and  from  the  voters  of  each 

14 


mmit- 


580  1873.— Chapter  154. 

ward.  On  the  first  Tuesday  of  December  in  the  year 
eighteen  hundred  and  seventy-three,  there  shall  be  chosen 
meml^ers  of  the  committee  from  wards  one  and  three,  and 
one  from  the  city  at  large,  to  serve  for  the  term  of  three 
years  from  the  first  Monday  of  January  next  ensuing ; 
from  wards  two,  four  and  six,  members  to  serve  for  the 
term  of  two  years  from  the  first  Monday  of  January  next 
ensuing  ;  and  from  wards  five  and  seven,  and  one  from  the 
city  at  large,  members  to  serve  for  the  term  of  one  year 
from  the  first  Monday  of  January  next  ensuing ;  and  at 
each  subsequent  election  there  shall  be  elected  three 
members  of  the  school  committee  to  hold  their  ofiice  for 
the  term  of  three  years,  as  successors  of  those  whose 
term  of  office  expires  at  the  expiration  of  the  then  muni- 
cipal year.  In  voting  for  school  committee  at  any  elec- 
tion, the  persons  intended  for  the  members  of  the 
committee  from  the  city  at  large,  shall  be  indicated  on  the 
ballot  by  the  words  "at  large"  set  against  their  names, 
and  the  other  persons  shall  be  voted  for  in  their  respective 
wards.  The  persons  so  chosen  shall,  with  the  mayor,  con- 
stitute the  school  committee,  and  have  the  care  and  super- 
Mayor  to  be       intendence  of  the  public  schools.     The  mayor  shall  be  ex 

chairman  of  ,  '^  ^ 

board.  ojicio  cliaimian  of  the  board.      And  all  the  rights   and 

obligations  of  the  town  of  Holyoke  in  relation  to  the  grant 
and  appropriation  of  money  to  the  support  of  the  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  obligations  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  repairs  of  school-houses  in 
said  city  shall  be  made  by  the  city  council,  in  the  same 
manner  as  grants  and  appropriations  are  made  for  other 
Vacancies,  how  city  purposcs.  Vacaucics  occurring  in  the  board  may  be 
bUsd.  filled  by  joint  ballot  of  the  city  council  and  school  com- 

mittee at  any  time,  the  members  so  elected  to  hold  office 
only  for  the  remainder  of  the  municipal  year.  The  said 
committee  shall  appoint  from  their  own  number,  or  other- 
wise, a  secretary,  who  shall  also  under  the  direction  and 
control  of  said  committee  be  the  superintendent  of  the 
schools,  and  the  compensation  of  such  secretary  shall  be 
determined  from  year  to  year  by  the  city  council. 


1873.— Chapter  154.  581 

Sectiox  18.     The  city  council  elected   in   December,  water commis. 

.  ITT  j^j.1  111  sioiiers  to  be 

in    the    year    eighteen    hundred  seventy-three,   shall,   as  elected  by  joint 
soon  as  may  be  convenient  after  their  organization,  elect  ^'''^^"'" 
by  joint  balk)t  three  persons  to  be  water  commissioners, 
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.     Vacancies  vacancies,  how 
occurring  in  the  commission  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  commis- 
sioners  shall   be   fixed   by  concurrent   vote    of  the    city 
council. 

Sectiox  19.     All  city  and  ward  officers  shall  be  held  ^^^rftoTo'n- 
to  discharge  the  duties  of  the   offices  to  which  they  have  ti""'-.]"  o^ce 

O  ,  T  1      •  1    notwitliBtancling 

been  respectively  elected,  notwithstanding  their  removal  their  removal  to 

^^  1     •  QfUotlicr  "Weird 

after  their  election  out  of  their  respective  ward  into  any 
other  wards  of  the  city  ;  but  a  permanent  residence  out  of 
the  city  shall  cause  a  vacancy  to  exist  in  the  offices  to 
which  they  were  elected. 

Section  20.     The  city  council  shall  take  care  that  no  city  council  to 

,  .  -,    t>  jii  1  J.1  take  care  that  no 

money  be  paid  from  the  treasury  unless  granted  or  appro-  money  is  paid 
priated,  and  shall  secure  a  just  and  proper  accountal)ility  uXU^gmnYe^. 
by  requiring  bonds  with  sufficient  penalties,  and  sureties 
from  all  persons  entrusted  with  the  receipt,  custody  or 
disbursement  of  money. 

Section  21.     The    city   council   shall    have    exclusive  city  council  to 

,-,         .,  -,  .        1  .  i  J,  J.  lay  out  streets 

authority  and  power  to  lay  out  any  new  street  or  town  and  estimate 
way,  and  to  estimate  the  damages  any  individual  may  '^''™'*s'^*- 
sustain  thereby  ;  but  all  questions  relating  to  the  subject  of 
laying  out,  accepting,  altering  or  discontinuing  any  street 
or  way,  shall  first  be  acted  upon  by  the  mayor  and  alder- 
men ;  and  any  person  dissatisfied  with  the  decision  of  the 
city  council  in  the  estimate  of  damages,  may  make  com- 
plaint to  the  county  commissioners  of  the  county  of 
Hampden  at  any  meeting  held  within  one  year  after  such 
decision,  whereupon  the  same  proceedings  shall  be  had  as 
are  now^  provided  by  the  laws  of  this  Commonwealth,  in 
cases  where  persons  are  aggrieved  by  the  assessment  of 
damages  by  selectmen,  in  the  forty-third  chapter  of  the 
General  Statutes  :  provided,  that  no  bridge  or  highway  Proviso. 


582 


1873.— Chapter  154. 


shall  be  placed  by  said  city  government  over  the  canals  or 
raceways  of  the  Holyoke  Water  Power  Company,  now  or 
hereafter  to  be  built,  without  a  clear  space  of  at  least  five 
feet  for  the  passage  of  boats  between  said  bridges  or 
highways  and  the  top  or  surface  water-line  of  the  canals 
Proviso.  when  full ;    and  provided,    also,   that  the  soil  or  super- 

structure of  the  banks  of  the  canals  or  raceways,  within 
twenty  feet  of  the  sides  of  said  canals  or  raceways,  shall 
not  for  any  purpose  be  dug  up  or  removed  by  the  author- 
ity of  the  city  government  below  a  point  one  foot  above 
the  w^atqr-liue  of  said  canals  when  full,  except  under  the 
joint  approval  and  direction  of  the  Holyoke  Water  Power 
Company  and  the  city  government  of  Holyoke.  In  case 
said  Holyoke  Water  Power  Company  and  said  city 
government  are  unable  to  agree  as  to  the  time,  extent  or 
manner  of  digging  or  removing  the  soil  or  superstructure 
of  the  banks  of  said  canals  or  raceways,  as  aforesaid,  any 
justice  of  the  supreme  judicial  court  is  authorized,  in 
vacation  or  term  time,  upon  petition  by  either  of  said 
parties,  and  upon  such  notice  to  the  other  party  as  may  be 
ordered,  to  appoint  a  suitable  engineer,  who  shall  have 
the  power  to  determine  the  time,  extent  and  manner  of 
digging  or  removing  the  soil  or  superstructure  of  said 
banks,  as  aforesaid,  and  shall  superintend  the  same.  The 
said  justice  shall  also  determine  by  which  party  or  parties, 
and  in  what  proportions,  the  costs  of  said  proceedings  and 
the  salary  of  said  engineer  shall  be  paid. 
Lists  of  voters  Section  22.  Prior  to  every  election,  the  mayor  and 
mayor  and  ai.     aldormcn  shall  make  out  lists  of  all  the  citizens  of  each 

dermen  and  de-  -i  tuij.  j_      •  iix-  'xi 

livered  to  ward   Ward  quahtied  to  vote  in  such  elections,  in  the  manner  in 
clerks.  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  assess- 
ors, 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 

i^'eadi^wai^d.*^*^  ^^^^'  ^  ^'^^  ^^  ^^^®  votci's  of  cach  Ward  shall  be  posted  in 
one  or  more  public  places  in  each  ward :  provided,  how- 
ever, 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 


1873.— Chapter  154.  583 

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  23.  General  meetings  of  the  citizens  qnalified  i^g^oTcSs. 
to  vote,  may  from  time  to  time  be  held,  to  consult  upon 
the  public  good,  to  instruct  their  representatives,  and  to 
take  all  law'ful  means  to  obtain  redress  for  any  grievances, 
according  to  the  right  secured  to  the  people  by  the  consti- 
tution of  this  Commonwealth.  And  such  meetings  may 
and  shall  be  duly  warned  by  the  mayor  and  aldermen, 
upon  the  request,  in  writing,  setting  forth  the  purposes 
thereof,  of  fifty  qualified  voters. 

Section  24.     All  power  and  authority  noAv  vested  by  Board  of  health. 
law  in  the  board  of  health  for  said  town,  or  in  the  select- 
men  thereof,   shall   be  transferred  to  and  vested  in  the 
city  council,  to  be  by  them  exercised  in  such  manner  as 
they  may  deem  expedient. 

Section  25.     The  city  council  may  make  by-laws  with  ^'.*^g^°^"?"!J™/y 
suitable  penalties  for  the  inspection,  survey,  measurement  for  inspection  of 
and  sale  of  lumber,  wood,  hay,  coal  and  bark  brought  "^^  '''•coa, 
into  or  exposed  in  said  city  for  sale,  and  shall  have  the 
same  powers  as  the  town  had  in  reference  to  the  suspen- 
sion of  the  laws  for  the  protection  and  preservation  of 
useful  birds,  and  of  all  other  laws,  the  operation  or  sus- 
pension of  which  is  subject  to  the  action  of  the  town 
thereon.     The  city  council  may  also  make  all  such  salutary  May  make  such 
and  needful  by-laws  as  towns  by  the  laws  of  this  Common-  towns  have 
wealth  have  power  to  make  aiid  establish,  and  to  annex  p^^^*  te  make. 
penalties,   not   exceeding   twenty  dollars,  for   the  breach 
thereof;  which  by-laws  shall  take  effect  and  be  in  force 
from  and  after  the  time  therein  respectively  limited,  with- 
out the  sanction  of  any  court,  but  subject  to  the  approval 
of    the    mayor :    provided,    however,   that   all    laws    and  Proviso, 
regulations   in  force  in  said  town  shall  remain  in  force 
until  they  expire  by  their  OAvn  limitation,  or  are  revised 
or  repealed  by  the  city  council ;    and  all  fines  and  for- 
feitures for  the  breach  of  any  by-law  or  ordinance  shall  be 
paid  into  the  city  treasury. 

Section  26.     All  elections  of  national,  state,   county  Election  of  na- 
and  district  officers  who  are  voted  for  by  the  people,  shall  county *and  dis- 
be  held  at  meetings   of  the  citizens  qualified  to  vote  at  ^"'^^  offi=«'"- 
such  elections  in  their  respective  wards,  at  the  time  fixed 
by  law  for  these  elections  respectively. 


584 


1873.— Cii.\PTER  154. 


"Act  to  Supply 
the  Town  of 
Holyoke  with 
Pure  Water  " 
continued  in 
force. 


Judicial  district 
to  continue. 
1S71,  173. 


Orders,  &c.,  re- 
quiring concur- 
rent  vote,  and 
orders  of  cither 
branch  involv- 
ing expenditure 
of  money,  to  be 
presented  to 
mayor  for  his 
approval. 


May  be  passed 
over  his  veto  by 
a  two-thirds 
vote. 


Section  27.  All  the  rights,  privileges,  powers  find 
authority  vested  in  said  town  of  Holyoke  by  chapter 
si.Kty-two  of  the  acts  of  the  year  eighteen  hundred 
seventy-two,  entitled  "An  Act  to  supply  the  Town  of 
Holyoke  with  Pure  Water,"  and  by  the  votes  of  said  town 
passed  in  accordance  with  said  act,  except  the  numl^cr  and 
election  of  water  commissioners,  shall  continue  in  force, 
and  be  transferred  to  and  vested  in  the  city  council,  to  be 
by  them  exercised  in  such  manner  as  they  may  deem 
expedient. 

Section  28.  The  judicial  district  created  by  chapter 
one  hundred  seventy-three  of  the  acts  of  the  year  eigh- 
teen huudred  and  seventy-oue,  shall  be  and  contmue  a 
judicial  district  under  the  jurisdiction  of  the  police  court 
established  by  said  chapter ;  anything  in  this  act  to  the 
contrary  notwithstanding. 

Section  29.  Every  ordinance,  order,  resolution  or 
vote  to  which  the  concurrence  of  the  board  of  aldermen 
and  of  the  common  council  may  be  necessan^,  except  on  a 
question  of  a  convention  of  the  two  branches,  and  every 
order  of  either  branch  involving  the  expenditure  of  money, 
shall  be  presented  to  the  mayor ;  if  he  approves  thereof, 
he  shall  signify  his  approbation  by  signing  the  same ; 
but  if  not,  he  shall  return  the  same  with  his  objections  to 
the  branch  in  which  it  originated,  who  shall  enter  the 
objections  of  the  mayor  at  large  on  their  records,  and 
proceed  to  reconsider  said  ordinance,  order,  resolution  or 
vote  ;  and  if,  after  such  reconsideration,  two-thirds  of  the 
board  of  aldermen  or  common  council,  present  and  voting 
thereon,  notwithstanding  such  objections,  agree  to  pass 
the  same,  it  shall,  together  with  the  objections,  be  sent  to 
the  other  branch  ofthe  city  council,  if  it  original}}'  re- 
quired concurrent  action,  where  it  shall  also  be  recon- 
sidered, and  if  approved  by  two-thirds  of  the  members 
present  it  shall  be  in  force ;  but  in  all  cases  the  vote  shall 
be  determined  by  yeas  and  nays.  If  any  such  ordinance, 
order,  resolution  or  vote  shall  not  be  returned  b}^  the 
mayor  within  ten  days  (Sundays  excepted)  after  it  shall 
have  been  presented,  the  same  shall  be  in  force.  But  the 
veto  power  of  the  mayor  shall  not  extend  to  the  election 
of  officers  required  by  any  law  or  ordinance  to  be  chosen 
b}'-  the  city  council  in  convention  or  by  concurrent  action, 
unless  expressly  so  provided  therein.  In  all  cases  where 
anything  is  or  may  be  required  or  authorized  by  any  law 


1873.— Chapter  154.  585 

or  ordinmice  to  he  clone  by  the  mayor  and  aldermen,  the 
board  of  aldermen  shall  first  act  thereon ;  and  any  order, 
resolution  or  vote  of  said  board  shall  be  presented  to  the 
mayor  for  his  approval,  in  the  manner  provided  in  this 
section. 

SECTiOiSr  30.  The  city  council  may  establish  a  fire  rire  depavt-  • 
department,  to  consist  of  a  chief  engineer  and  as  many  "'^^^' 
assistant-engineers,  engine-men,  hosemen  and  hook  and 
ladder  men  as  the  city  council,  by  ordinance,  shall,  from 
time  to  time,  prescribe  ;  and  said  city  council  may  make 
provisions  in  regard  to  the  time  and  mode  of  appointment, 
and  the  occasion  and  mode  of  removals,  of  said  ofiicers  or 
members,  and  define  their  office  and  duties,  and  in  general 
to  make  such  regulations  concerning  their  pay,  conduct 
and  government,  and  concerning  the  management  and 
conduct  of  fires  and  persons  attending  fires,  subject  to  all 
penalties  provided  for  the  breach  of  the  city  ordinances, 
as  they  shall  deem  expedient :  jjrovided,  that  the  appoint- 
ment of  engine-men,  hosemen  and  hook  and  ladder  men 
shall  be  made  by  the  mayor  and  aldermen,  exclusively. 
The  engineers  and  other  officers  of  the  fire  department, 
so  appointed,  shall  have  the  same  authority  in  regard  to 
the  prevention  and  extinguishment  of  fires  and  the  per- 
formance of  the  other  offices  and  duties  now  incumbent 
npon  fire-wards  as  are  now  conferred  upon  fire-wards  by 
the  General  Statutes  now  in  force,  and  the  compensation 
to  the  fire  department  shall  be  fixed  by  a  concurrent  vote 
of  the  city  council. 

Sectiox  31.     The    city   council   shall   have   power   to  city couneii  may 
establish  fire-limits  within  the  city,  and,  from  time  to  time,  HmkBrregulate 
change  or  enlarge   the   same ;    and,   by  ordinance,   they  uiUdiugs^&c?' 
shall   regulate  the  construction  of  all  buildins's   erected 
within  said  fire-limits,  stipulating  their  location,  size,  and 
the  material  of  which  they  may  be  constructed,  together 
with    such   other   rules    and   regulations  as  may  tend  to 
insure  the  same  from  damage  by  fire  ;  they  shall  also  have 
the    sole  care    and   management   of  the   public   grounds 
belonging  to  said  city,   and  of  all  the  shade  and  orna- 
mental trees  standing  and  growing  thereon ;  and  also  of 
all  the  shade  and  ornamental  trees  stanclins:  and  frrowinj; 

^  o  c;  O 

m  or  upon  any  of  the  public  streets  and  highways  of  said 
city. 

Secttox  32.     The   inhabitants   of    anv   fire    district,  Firo  districts 

^  -,.  .       ,  •.!  •T,"  ,  1  1    niuv  be  dissolved 

organized  accorchng  to  law,  m  the  said  town,  at  any  legal  by  the  voters, 


586 


1873.— Chaptek  154. 


and  apparatus 
may  be  sold. 


Proviso. 


City  council  to 
elect  officers 
when  other  pro- 
vision is  not 
made. 


Repeal. 


Proviso. 


meeting  of  the  qualified  voters  thereof,  called  for  the 
purpose,  may  vote  to  dissolve  their  said  fire  district,  and 
to  annul  the  organization  thereof,  and  may  dispose  of  the 
fire  apparatus  and  other  property  of  the  district,  and 
appropriate  the  proceeds  thereof  in  such  manner  as  they 
judge  best ;  and  thereafter  such  fire  district  shall  be  dis- 
solved, and  their  powers  and  privileges,  and  their  duties 
and  liabilities  shall  cease  :  provided,  that  the  said  districts 
shall  continue  liable  to  pay  all  their  existing  debts  and  to 
perform  all  legal  contracts.  If  the  said  district  or  dis- 
tricts shall  by  vote  so  elect,  the  city  shall  purchase  the 
fire  apparatus  and  other  property  of  such  district,  at  a 
fair  valuation,  not  exceeding  the  amount  paid  by  the 
district  therefor ;  and  shall  pay  the  debts  and  liabilities  of 
the  district  so  far  as  the  amount  of  such  valuation  may  be 
sufficient  therefor ;  and  if  the  amount  of  the  valuation 
exceeds  the  amount  of  the  debts  and  liabilities  of  the 
district,  such  excess  shall  be  allowed  upon  and  deducted 
from  tlxe  city  taxes,  then  next  assessed  upon  the  inhabit- 
ants of  such  fire  district,  in  the  proportions  severally 
assessed  upon  them  in  the  tax-lists  by  the  assessors. 

Section  33.  The  city  council  shall,  in  such  manner  as 
they  may  determine,  elect  or  appoint  all  other  subordinate 
officers,  for  whose  election  or  appointment  other  pro- 
vision is  not  herein  made,  define  their  duties  and  fix  their 
compensation. 

Section  34.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  repealed  :  jjvovided,  however,  that  the 
repeal  of  the  said  acts  shall  not  afiect  any  act  done,  or  any 
right  accruing  or  accrued  or  established,  or  any  suit  or 
proceeding  had  or  commenced  in  any  civil  case  before  the 
time  when  such  repeal  shall  take  effect ;  and  that  no 
ofifence  committed,  and  no  penalty  or  forfeiture  incurred 
under  any  act  hereby  repealed,  and  before  the  time  when 
such  repeal  shall  take  eflfect,  shall  be  affected  by  the 
repeal ;  and  that  no  suit  or  prosecution  pending  at  the 
time  of  the  said  repeal,  for  any  offence  committed  or  for  the 
recovery  of  any  penalty  or  forfeiture  incurred  under  said 
acts,  shall  be  affected  by  such  repeal ;  ixwd  p)rovided,  also, 
that  all  persons  who,  at  the  time  said  repeal  takes  effect,' 
shall  hold  any  office  under  the  said  acts,  shall  continue  to 
hold  the  same  until  the  organization  of  the  city  govern- 
ment, contemplated  by  this  charter,  shall  be  completely 
effected. 


•       1873.— Chapter  155.  587 

Section  35.  For  the  purpose  of  orgaiiiziug  the  system  First  meeting 
of  government  hereby  estuljlishecl,  and  putting  the  same  cuVofficers.° 
in  operation  in  the  hrst  instance,  the  selectmen  of  the 
town  of  Holyoke  for  the  time  being,  shall  issue  their 
warrants  seven  days  at  least  previous  to  the  tirst  Tuesday 
of  December  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  lixed  for  that  day ;  and  the 
transcripts  of  the  records  in  each  ward,  specifying  the 
votes  given  for  the  several  officers  aforesaid,  at  said  meet- 
ing and  certified  by  the  warden  and  clerk  of  the  ward, 
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,  pre-  Lists  of  voters  to 
pared  and  corrected  by  the  selectmen  for  the  time  being,  sdJcuneiftobe 
shall  be  delivered  to  the  clerk  of  each  ward,  Avhen  elected,  uonl''' ^^'^'^ 
to  be  used  as  herein  ])efore  provided.  After  the  election 
of  the  citj'^  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 
eflect  the  several  provisions  of  this  act. 

Section  36.     This  act  shall  be  void,  unless  the  inhabit-  Act  void  unless 
ants  of  the  town  of  Holyoke  at  a   legal   town   meeting  maufruy  vote 
called  for  that  purpose,  shall  within  ninety  days  from  the  J^l]'^ '^'"''^^ 
passage  of  this  act,  by  a  vote  of  a  majority  of  the  voters 
present,  voting  thereon  as  hereinafter  provided,  determine 
to   adopt  the  same.     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 
elections  of  state  officers. 

Section  37.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1873. 
An  Act  authorizing  the  construction  of  a  new  state  prison  /^7,      i  npr 

BUILDING.  ^""      -'-^^* 

Be  it  enacted,  tfec,  as  follows : 

Section  1.     The  governor,  with  the  advice  and  con-  commissioners 
sent  of  the  council,  is  authorized  to  appoint  three  per-  aiui  buii.rnew 

state  prison. 
15 


588 


1873.— Chapter  155. 


To  make  con- 
tracts and  em- 
ploy agents. 


Vacancies  in 
board. 


Compensation 
to  be  fixed  by 
governor  and 
council. 


Report  to  be 
made  to  tbe 
legislature. 


Treasurer  may 
borrow  from  the 
sinking  funds  to 
meet  expenses. 


sons,  who  shall  be  a  board  of  commissioners,  with  full 
power  to  select  a  plan  of  a  state  prison  from  such  as 
may  be  presented  by  different  architects,  to  purchase  an 
eligible  site  therefor  within  the  limits  of  the  Common- 
wealth, and  to  cause  to  be  erected  thereon  a  suitable 
prison,  for  the  safe  confinement  of  such  prisoners  as  by  law 
are  or  may  be  confined  in  the  state  prison,  and  with 
accommodations  for  one  thousand  prisoners,  together  with 
such  household  accommodations  for  the  warden  and  his 
family  and  for  subordinate  officers  and  attendants  as  the 
said  board  may  deem  necessary. 

Said  board  shall  have  power  to  make  all  contracts  and 
employ  all  agents  necessary  to  carry  into  effect  the  pro- 
visions of  this  act :  provided,  that  the  aggregate  expenses 
and  liabilities  incurred  by  virtue  hereof  shall  not  exceed 
the  sum  of  one  million  dollars ;  and  provided,  further, 
that  the  selection  and  purchase  of  a  site,  the  plans  of  said 
prison,  and  all  contracts  made  by  said  boarcl  in  carrying 
out  the  provisions  of  this  act,  shall  be  subject  to  the 
approval  of  the  governor  and  council,  and  the  work  shall 
be  at  all  times  under  their  supervision,  with  power  at  any 
time  to  order  a  discontinuance  of  the  same. 

Section  2.  Should  any  vacancy  occur  in  said  board  of 
commissioners,  by  resignation  or  otherwise,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  such 
vacancy  by  a  new  appointment,  and  may,  in  the  same 
manner,  remove  any  commissioner. 

The  compensation  of  each  of  said  commissioners  shall 
be  established  by  the  governor  and  council  and  they 
shall  keep  an  account  of  their  actual  services  and  ex- 
penses, to  be  allowed  upon  the  approval  of  the  governor 
and  council,  and  shall  make  an  accurate  report  of  the 
amount  of  their  expenditures  and  all  their  doings,  to  the 
governor  and  council  at  least  once  every  three  months  dur- 
ing their  term  of  service.  They  shall  also  report,  in  print,  to 
to  the  legislature,  annually,  on  or  before  the  tenth  day  of 
January,  their  doings  during  the  year  preceding ;  and 
shall  be  required  to  complete  the  work  provided  for  in  the 
first  section,  within  three  years  from  the  date  of  their 
appointment,  as  authorized  in  said  section. 

Section  3.  In  order  to  meet  any  expenses  incurred 
by  said  board  under  the  provisions  of  this  act,  the 
treasurer  and  receiver-general  is  authorized  to  borrow 
such  sums,  not  exceeding  in  the  aggregate  one  million 


1873.— Chaptees  156,  157,  158.  589 

dollars,  as  may  be  necessary,  from  any  of  the  sinking 
funds  of  the  Commonwealth  having  uninvested  moneys  in 
their  possession,  giving  therefor  to  said  sinking  funds  the 
Commonwealth's  promissory  notes,  payable  on  demand; 
said  notes  to  bear  interest  at  the  rate  of  six  per  centum 
per  annum,  payable  semi-annually  in  currency. 

Section  4.     The  proceeds  of  the  sale  of  the  prison  at  ^1°°^ ^^ °//^^^ 

JL  ■*■         ^^^  01  prison  uX 

Charlestown,  and  of  all  property  belono-in^  to  the  Com-  chariestown  to 

•  •  be  piiid  into 

monwealth  therewith  connected,  shall  be  paid  into  the  state  treasury. 
treasury  of  the  Commonwealth,  to  be  applied,  from  time 
to  time,  to  the  redemption  of  any  notes  given  under 
authority  of  the  preceding  section  of  this  act ;  and  if  the 
proceeds  of  such  sale  should  not  be  sufficient  for  the 
redemption  of  said  notes,  the  deficiency  shall  be  supplied 
from  the  ordinary  revenue  of  the  Commonwealth ;  and 
any  excess  of  such  proceeds  shall  accrue  to  said  ordinary 
revenue. 

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

Approved  April  7,  1873. 

An  Act  to  increase  the  compexsation  of  assessors  of  taxes,     rjjj     15(3. 
Be  it  enacted,  &c.,  as  follows : 

Section   fifty-two    of  chapter   eleven    of    the    General  G^g^if^rgV*' 
Statutes  is  amended  by  striking  out  the  word  "one,"  and 
insertino;  instead  thereof  the  word  "two." 

Approved  April  7,  1873. 
An  Act  relating  to  the  compensation  of  members  of  school  /it      -i  p-n 

COMiHTTEES.  ^  J-J  <  • 

Be  it  enacted,  &o.,  asfolloivs : 

Section  1.     Section  thirty-four  of  chapter  thirty-eight  ^"g^gs™!"^*** 
of  the  General  Statutes  is  amended,  by  striking  out  the 
words  "one  dollar,"  after  "towns,"  and  inserting  instead 
thereof,  the  words  "two  dollars." 

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

Approved  April  7,  1873. 
An  Act  to  amend  chapter  three  hundred  and  eighty  of  the  ^^      -j  -q 

ACTS    OF    eighteen    HUNDRED    AND    SEVEXTY-TWO,  RELATING    TO    ^'*'      -"-Oo. 
LAND  FOR  A  NORMAL  SCHOOL  AT  WORCESTER. 

Be  it  enacted,  &c.,  as  folloios  : 

Section  1.     So   much   of  section   one,  chapter   three  Amendment  to 
hundred  and  eighty,  of  the  acts   of  eighteen  hundred  and     '"'     ' 
seventy-two,   passed  at  the   special   session,  as    provides 
that  the  sum  of  twenty-five  thousand  dollars  be  paid  for 
land  for  the  normal  school  at  "Worcester,  from  the  moiety 


590  1873.— Chaptees  159,  160. 


of  the  income  of  the  school  fimd,  applicable  to  educational 
purposes,  is  hereby  repealed. 

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

Approved  April  7,  1873. 

Ch        159     ^  "^^^  ^^  ADDITION   TO   AN  ACT  TO   SUPPLY  THE  TOWN  OF  WOBURN 

WITH  PURE  WATER. 

Be  it  enacted,  &c.,  as  follows: 

water^commis-       SECTION  1.     The  inhabitants  of  the  town  of  Woburn 

office  for  three    shall,  at  their  annual   meeting  in  the  month  of  April,  in 

years.  ^j^^  year  eighteen  hundred  and  seventy-three,  choose  one 

member  of  the  board  of  water  commissioners,  to  hold  office 

for  the  term  of  three  years  ;  and  at  their  annual  meeting 

in  April,  in  the  year  eighteen  hundred  and  seventy-five, 

they  shall    choose   two    members    of  said   board  to  hold 

office,  one  for  the  term  of  two  years,  and  one  for  the  term 

of  three  years ;  and  they  shall,  at  their  annual  meetings 

in  April,  in  the  year  eighteen  hundred  and  seventy-six, 

and  in  each  succeeding  year,  choose  one  member  of  said 

board,  to  hold  office  for  the  term  of  three  years. 

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

Ajii^roved  Ajjril  7, 1873. 

07l        160     ^   ^'^^   ^^    RELIEVE  THE   TO'SATJ  OP   SAUGUS    OF  A  PORTION   OF  THE 
*  *  EXPENSE  OF  REPAIRING  A  CERTAIN  HIGHWAY  AND  BRIDGES, 

Be  it  e7iacted,  &c,,  as  folloivs: 
saugub  relieved       SECTION  1.     That  the  toAVH  of  Saugus,  l:>eing  by  law 

from  ijortiou  of  ..  0'_0^- 

expense  of  sup.  required  to  support,  maintain  and  keep  in  repair  that 
and  brfdgls.^''^  portion  of  the  public  highway  and  bridges  formerly  be- 
longing to  the  Salem  Turnpike  and  Chelsea  Bridge  Cor- 
poration, within  the  limits  of  said  town,  and  extending 
from  the  west  end  of  the  bridsfe  over  Sauo-us  River  to  the 
bridge  over  Chelsea  Creek  in  the  town  of  Saugus,  shall 
be  entitled  to  receive  annually  from  the  county  of  Essex, 
three-fourths  of  the  amount  of  the  expenses  actually  in- 
curred and  expended  by  said  town  during  the  year,  in  the 
support,  maintenance  and  repair  of  said  highway  and 
Proviso.  bridges  :  j)^'Ovided,  that  said  town  shall  not  be  entitled  to 

receive  in  any  one  3^ear,  a  sum  exceeding  the  sum  of  one 
thousand  dollars. 
make^anuVal  Section  2.     It  shall  bc  the  duty  of  the  selectmen  of 

return  to  com-     Sauo'us,   aiinually,   in   the   month  of  February,  to  make 

missioners,  of       ^         ^^Y       '  ^  ^  .       .  „    ^,  j_  <?   -n 

items  of  ex-       to  the  couuty  commissioiiers  ot  the  count}^  ot  JLssex  a 

penses.  rctum  uudcr  oath  of  the  amount  and  items  of  expense 

for  the  year  preceding,  in   repairing  said  highway  and 


1873.— Chapter  161.  591 

bridges  ;  and  the  proportion  of  such  expenses,  allowed  by 
section  one,  shall  be  payable  to  said  town  in  thirty  da.js 
after  said  return  :  provided,  that  the  county  commissioners  Proviso. 
aforesaid,  may  at  any  time  examine  said  highway  and 
bridges,  and  said  town  shall  make  such  repairs  as  said 
commissioners  may  at  any  time  order. 

Sectiox  3.     Nothing  in  this  act  contained,  shall  relieve  saugusnotre- 
the  town  of  Saugus  from  its  duty  to  keep  in  repair  the  ofmakin^rt'^*^ 
said  highway  and  bridges,  or  from  its  liability  for  defects  pairs,  &c. 
in  the.  same,  or  impose  upon  the    county  of  Essex  any 
obligation  or  liability  in  relation  to  the  same,  except  as 
herein  before  provided. 

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

Approved  April  7,  1873. 
An  Act  to  facilitate  the  completion  and  equipment  of  the  ^j      -jr.-. 

WINTHKOP  RAILROAD.  L/ll.      lUl. 

Be  it  enacted,  t&c.,  asfolloivs: 

Section  1 .     The  town  of  Winthrop  may  subscribe  for  Town  may  take 
shares  in  the  capital  stock  of  the  Winthrop  Railroad  Com-  ^vinaJrop^R.  r. 
pany,  to  an  amount  not  exceeding  twenty  thousand  dol- ^^J^^^eeding 
lars,  and  pay  for  the  same  out  of  the  treasury  of  said 
town ;  ancl  may  hold  the  same  as  town  property,  subject 
to  the  disposition  of  said  town,  for  public  purposes,  and 
in  like  manner  as  any  other  property  which  it  may  pos- 
sess :  x)rovided,  that  two-thirds  of  the  legal  voters  of  said  Proviso. 
town,  present  and  voting,  shall  vote  so  to  do  at  any  legal 
meeting  called  for  the  purpose. 

Section  2.  Said  town  may  raise,  by  loan,  tax  or  May  raise  money 
bonds,  any  sum  of  money  which  may  be  required  for  the  |57^o'»°  o^" taxa- 
purpose  provided  in  the  preceding  section  and  the  interest 
thereon,  or  instead  of  paying  for  said  shares  in  money, 
said  town  may  subscribe  for  and  take  said  shares  in  pay- 
ment of  a  promissory  note  secured  by  a  mortgage  of  said 
company  to  said  town,  and  may  discharge  said  mortgage. 

Section  3.     Said   Winthrop   Railroad   Company   may  Railroad  may 
issue  bonds,  to  an  amount  not  exceeding  forty  thousand  not"ex^c°eedLg 
dollars,  bearing  interest  at  a  rate  not  exceeding  seven  per  ^^^>^^^' 
centum   per   annum,    and   payable   at   such   time   within 
twenty  years  from  their  date,  as  may  be  designated  ;  and 
may  make  a  mortgage  on  its  franchise  and  property  to  one 
or  more  trustees,  to  secure  the  payment  of  said  bonds  and 
interest :  jyrovided,  that  said  company  at  a  meeting  legally  proviso. 
called  for  the  purpose,  shall  vote  to  issue  said  bonds  and 
make  said  morto^ag-e. 


592 


1873.— Chapters  162,  163. 


Town  may  re- 
ceive bonds  in 
payment  of  note 
secured  by 
mortgage. 

Proviso. 


Selectmen  to 
subscribe  for 
stock  and  repre- 
sent town  at 
meetings  of  cor- 
poration. 


Section  4.  Said  town  of  Wintlirop  may  receive  said 
bonds,  at  their  par  value,  in  payment  of  the  aforesaid 
promissory  note  secured  by  said  mortgage  now  held  by 
said  town  :  provided,  that  said  town  shall  by  a  two-thirds 
vote,  at  a  meeting  called  for  the  purpose  decide  so  to  do. 

Section  5.  The  said  town  of  Winthrop,  by  its  select- 
men, shall  subscribe  for  such  number  of  shares  in  the 
capital  stock  of  said  company,  as  shall  be  voted  by  said 
town  ;  and  said  selectmen  are  authorized  to  cast  the  vote 
of  said  town  in  the  choice  of  the  directors  of  said  com- 
pany, and  to  ai^pear  and  act  in  behalf  of  said  town,  *in  the 
transaction  of  any  business  of  said  company,  so  long  as 
said  town  shall  hold  stock  in  said  company,  and  hold  said 
bonds  as  town  property. 

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

Api^roved  Aijril  7,  1873. 

An  Act  to  incorporate  the  trustees  of  the  delta  psi  society 

of  williams  college. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  Charles  E.  Morris,  William  H.  Morrison 
and  Melville  Eggleston,  their  associates  and  successors, 
are  made  a  corporation  under  the  name  of  the  Trustees  of 
the  Delta  Psi  Society  of  Williams  College,  for  the  purpose 
of  holding  and  managing  the  real  estate  and  personal 
property  of  said  society ;  with  the  powers  and  privileges, 
and  subject  to  the  duties,  liabilities  and  restrictions  set 
forth  in  the  general  laws  which  now  are  or  may  hereafter 
be  in  force  relating  to  such  corporations. 

Section  2.  The  said  corporation  may  receive,  pur- 
chase, hold  and  convey  real  and  personal  property  for 
the  uses  of  the  above  named  society :  provided,  that  the 
value  of  the  real  estate  so  held  at  any  time  shall  not  ex- 
ceed twenty  thousand  dollars,  and  said  property  shall 
not  be  exempt  from  taxation. 

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

Apjjroved  April  7, 1873. 

pj      -I  no    An  Act  to  enable  the  east  parish  in  Randolph,  now  holbrook, 

l^/l.      lyJO.  ^Q  gj,j^j^  j^g  REAL  ESTATE. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  East  Parish  in  Randolph,  now  Hol- 
brook, may  sell  and  dispose  of  its  real  estate  and  property  : 
provided,  that  the  pew-holders  in  the  meeting-house  of 
said  parish  by  a  three-fourths  vote,  at  a  meeting  regularly 


Ch.    162. 

Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


Real  and  per- 
sonal estate 
not  exceeding 
$20,000. 


May  sell  real 
estate. 


Proviso. 


1873.— Chapters  164,  165,  166.  593 

called,  shall  decide  so  to  do;  and  provided,  furt/ier,  that 
the  proceeds  of  such  sale  shall  be  expended  in  enlarging 
the  present  meeting-house  of  the  "Winthrop  Church,"  in 
said  Holbrook. 

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

Approved  April  7,  1873. 
An  Act  relating  to  the  certificates  of  authority  of  insur-  /yj^      -i  r^^ 

ANCE  BROKERS.  ^'^*      ^^'^^ 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Section  three  of  chapter  ninety-three    of  Amerx&m&nt, 

n      -I  '     ^  ITT  1        •    "  •  •      lt>6y,  93,  §  3. 

the  acts  oi  the  year  eighteen  hundred  and  sixtj^-nine,  is 
amended  by  striking  out  the  words,  "until  the  first  day  of 
April  next  after  the  date  thereof ;  and  shall  be  renewed 
on  said  day  and  annnally  thereafter,"  and  by  inserting  in- 
stead thereof  the  words,  "for  one  year  from  the  date 
thereof." 

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

Approved  April  7,  1873. 


An  Act  further  to  provide  for  assessing  the  expense  of  relo- 
cating HIGHAVAYS. 


Ch.   165. 


Be  it  enacted,  &c.,  as  folloius : 

Section  1.     Section   twelve  of  chapter  forty-three  of  Amendment  to 
the    General    Statutes  is  amended  by  inserting  the  words  ^-^-^'S^^- 
"abuttors  or  the,"  before  the  word  "petitioners." 

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

Approved  April  1,  1873. 

An  Act  relating  to  the  board  of  trustees  and  the  advisory  p-i      -Ann 

BOARD  of  THE  STATE  INDUSTRIAL  SCHOOLS  FOR  GIRLS.  Kj ll'      lOO. 

Be  it  enacted,  &c.,as  folloivs : 

The  board  of  trustees  of  the  State  Industrial  School  for  Ten  trustees, 
Girls  shall  hereafter  consist  of  ten  members,  of  Avhom  the  IhaUbewom'^n. 
three  hereby  added  shall  be  women.     The  present  mem- 
bers of  the  advisory  board  of  women  are  hereby  made  the 
said  additional  members  of  the  board  of  trustees  until  their 
present  respective  terms  expire,  and  vacancies   shall  be  vacancies. 
filled  in  the  manner  and  for  the  terms  provided  by  section 
one  of  chapter  one  hundred  and  fifty-three  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-eight ;  and  upon  this 
act  taking  eflect  said  advisory  board  shall  be  discontinued. 

Approved  April  7,  1873. 


594 


1873.— Chapter  167. 


Insurance  of 
plate-glass 
against  damage 
by  breakage. 


Oil  167  '^^  ^^^  ^^  AUTHORIZE  THE  FOKMATION  OF  COMPANIES  TO  INSURE 
AGAINST  LOSS  OR  DAMAGE  BY  BREAKAGE  OF  PLATE-GLASS,  AND  FOR 
OTHER  PURPOSES. 

Be  it  enacted,  <fcc.,  asfolloivs : 

Section  1.  Any  ten  or  more  persons,  residents  of  this 
Commonwealth,  who  shall  have  associated  themselves  to- 
gether by  an  agreement  in  writing,  as  set  forth  in  section 
two,  chapter  three  hnndred  seventy-five  of  the  acts  of  the 
year  one  thousand  eight  hnndred  and  seventy-two,  with 
the  intention  to  constitute  a  corporation  for  the  purpose 
of  transacting  the  business  of  insurance  of  plate-glass 
against  loss  or  damage  by  breakage,  local  or  in  transit, 
shall  become  a  corporation  upon  complying  with  the  pro- 
visions of  sections  five  to  nine,  inclusive,  of  chapter  three 
hundred  and  seventy-five  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-two,  and  shall  remain  a  corporation, 
with  the  powers  and  privileges,  and  subject  to  the 
duties,  liabilities  and  restrictions  set  forth  in  the  general 
laws  which  are  or  may  be  in  force  relating  to  insurance 
companies,  so  far  as  the  same  are  applicable  to  this  class 
of  insurance. 

Section  2.  The  capital  stock  of  any  such  company 
shall  not  be  less  than  fifty  thousand  dollars,  and  no  policy 
shall  be  issued  until  the  whole  amount  of  its  capital  has 
been  paid  in  in  cash. 

Section  3.  Foreign  corporations  insuring  plate-glass, 
as  described  in  section  one  of  this  act,  and  doing  business 
in  this  state,  and  an}'-  agent  or  agents  of  such  corporations, 
who  may  aid  in  receiving  or  procuring  applications  for  in- 
surance on  plate-glass,  or  who  may  assist  in  any  manner 
in  transacting  the  business  aforesaid,  shall  be  entitled 
respectively  to  the  powers,  and  privileges,  and  shall  be 
subject  to  the  duties,  liabilities  and  restrictions  set  forth 
in  the  laws  regulating  the  business  of  fire  insurance  by 
foreign  corporations,  and  by  the  agents  of  such  corpora- 
tions, so  far  as  such  laws  are  applicable  to  this  class  of 
insurance;  except  that  such  corporations  shall  not  be  re- 
quired to  possess  a  larger  amount  of  actual  capital  than  is 
required  by  the  second  section  of  this  act  for  companies  in 
this  Commonwealth. 

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

Approved  Aptril  7,  1873. 


Powers  and 
duties. 


Capital  stock. 


Foreign  corpo- 
rations doing 
business  in  tbis 
state  to  be  sub- 
ject to  laws 
regulating  fire 
insurance. 


1873.— Chapters  168,  169,  170.  595 

An  Act  relating  to  the  lee  and  hudson  railroad  company,      (jj^^    168. 
Be  it  enacted,  tfcc,  as  follows  : 

Sectiox  1 .     The  Lee  and  Hudson  Kailrocad  Company  May  cross  at 
may  with  its  track  cross  at  grade  the  track  of  the  Stock-  of  stockhrmge 
bridge  and  Pittsfield  Eaih-oad  Company,  at  a  point  not  ^I'^jl''''^''^ 
less  than  iifty  nor  more  tlian  two  hundred  feet  west  of  the 
heel  of  the  switch  of  the  said  Stockbridge  and  Pittsfield 
Railroad  Company,  which  is  next  westerly  of  its  depot  at 
Stockbridge.     The  damage  caused  thereby  to  said  Stock-  Damages. 
bridge  and  Pittsfield  Eailroad  Company  and  its  lessees, 
the  Housatonic  Railroad  Company,  shall  be  determined  in 
accordance  with  the  provisions  of  an  agreement  between 
said  Lee  and  Hudson  Railroad  Company  and  said  Housa- 
tonic Railroad   Company,   dated   on   the    twenty-seventh 
day   of  December,    in   the   year   eighteen   hundred   and 
seventy-two. 

Section  2.  Said  Lee  and  Hudson  Railroad  Company  May  unite  with 
may  enter  with  its  railroad  upon,  unite  the  same  with  and 
use  the  road  of  the  Berkshire  Railroad  Company,  and  the 
Berkshire  Railroad  Company  may  enter  with  its  road 
upon,  unite  the  same  with  and  use  the  road  of  the  Lee 
and  Hudson  Railroad  Company  at  West  Stockbridge, 
subject  to  the  provisions  of  the  general  laws. 

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

Approved  April  7, 1873. 

An  Act  to  authorize  the  to^vn  of  holyoke  to  hold  additional  rji^     i  gQ 

SHARES  of  the  CAPITAL  STOCK  OF   THE   HOLYOKE  AND  WESTFIELD 
railroad  COMPANY. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  town  of  Holyoke  may  subscribe  for  May  take  addi- 
and  hold  shares  in  the  capital  stock  of  the  Holyoke  and  Hoiyokeaiid" 
Westfield  Railroad  Company,  in  addition  to  those  it  now  WestfleidR.  r. 
holds,  but  subject  to  the  provisions  and  limitations  pro- 
vided by  law  in  respect  to  towns  having  less  than  twelve 
thousand  inhabitants. 

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

Approved  April  7,  1873. 

An  Act  to  extend  the  time  allowed  for  filing  the  location  /^7,      V7() 

AND    for    the    construction    OF   THE   ROAD  OF  THE  EXETER  AND  * 

SALISBURY  RAILWAY  COMPANY. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     The  time  allowed  for  filing  the  location  Time  extended 
and  for  the  construction  of  the  road  of  the  Exeter  and  tton!^"^  ^°'^' 

16 


596 


1873.— Chapter  171. 


Salisbury  Railway  Company,  is  extended  to  the  twenty- 
seventh  day  of  April  eighteen  hundred  and  seventy-four. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  7,  1873. 

Ch.      171.   ^  ^^^  ^*^  AUTHORIZE   THE   LOWELL  HORSE   RAILROAD   COMPAXT  TO 

INCREASE  ITS  CAPITAL  STOCK. 

Be  it  enacted,  &c.,  as  follows: 

Sectiox  1.  The  Lowell  Horse  Railroad  Company 
may  add  to  its  paid-up  capital  the  amount  of  its  earnings 
which  have  been  expended  by  it  in  construction,  equip- 
ment and  real  estate  :  jjrovided,  that  the  paid-up  capital, 
when  so  increased,  shall  not  thereb}^  be  made  to  exceed 
eighty  per  centum  of  the  capital  authorized  by  its  charter. 

Section  2.  Before  making  the  above  increase,  the 
president  and  treasurer  shall  file  with  the  railroad  com- 
missioners a  sworn  certificate  setting  forth  the  amount  of 
earnings  so  expended,  and  that  the  propert}^  built  or  pur- 
chased therewith  is  still  in  the  possession  of  the  company, 
and  used  in  operating  its  road. 

Section  3.  The  directors  are  authorized  to  call  in  and 
cancel  the  existing  certificates  of  stock,  and  to  issue  in 
their  stead  certificates  for  as  many  full-paid  shares,  at  a 
par  value  of  one  hundred  dollars,  as  will  be  covered  by  the 
paid-up  capital,  as  increased  under  the  first  section,  and 
the  par  value  of  the  shares  shall  thereafter  be  one  hundred 
dollars. 

Section  4.  Each  of  the  existing  shares  shall  be 
deemed  a  right,  and  the  holders  of  such  rights  shall  be 
,  entitled,  on  demand,  to  receive  certificates  for  as  many 
full-paid  shares,  at  a  par  value  of  one  hundred  dollars 
each,  as  will  give  each  holder,  as  near  as  may  be,  the 
same  proportionate  interest  in  the  stock  as  he  would 
otherwise  have  had.  Such  rights  may  be  transferred  in 
the  same  manner  as  the  stock  of  the  company,  but  shall 
not  entitle  the  holder  to  a  vote  in  the  meetings  of  the 
company. 

Section  5.  This  act  shall  take  effect  on  the  first  day 
of  June,  in  the  year  one  thousand  eight  hundred  and 
seventy-three,  and  shall  be  null  and  void  unless  the  direc- 
tors proceed  to  execute  its  provisions  within  one  year 
from  that  date.  Apiproved  April  7, 1873. 


May  increase 
capital  stock. 


Proviso. 


Sworn  certifi- 
cate to  be  filed 
•with  cominis- 
Bioners. 


Directors  may 
issue  new  cer- 
tificates of  stock. 


Each  existing 
share  to  be  a 
right. 


Rights  may  be 
transferred. 


When  to  take 
effect. 


1873.— Chapters  172,  173,  174.  597 

An  Act  to  amexd  an  act  to  incorporate  the  stonehajm  odd  qj^^    VJ'2i. 

FELLOWS'   hall  ASSOCL^lTION. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  second  section  of  chapter  one  hundred  ^8^2^12^72'° 
and  twenty  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two,  is  amended  by  striking  out  the  words  "one 
hundred,"   and    inserting    in    place    thereof    the    words 
"twenty-five." 

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

Apxiroved  Ajjril  7,  1873. 

An  Act  to  legalize  the  acts  and  proceedings  of  the  fifth  /^^      -jfro 

CONGREGATIONAL  SOCIETY   OF    SPRINGFIELD,  AND   TO   CHANGE  THE    ^''"      ^*^' 
NAME  THEREOF. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.  The  organization  of  the  Fifth  Congrega-  organization  of 
tional  Society  of  Springfield,  and  all  subsequent  reorgan-  and  confirmed. 
izations  and  proceedings  of  said  societ}^,  under  difierent 
names,  so  far  as  the  same  are  entered  and  now  appear 
upon  the  records  of  said  society,  in  the  possession  of  the 
clerk  thereof,  are  ratified  and  confirmed,  and  the  same 
shall  be  taken  to  be  good  and  valid  in  law  to  r\\  intents 
and  purposes  ;  and  the  several  persons  now  appearing  by 
said  records  to  have  been  chosen  as  officers  of  said  cor- 
poration, may  perform  all  their  respective  official  duties, 
until  their  successors  are  chosen  and  qualified ;  and  all 
acts  performed  by  said  officers  in  their  official  capacities 
are  ratified  and  confirmed. 

Section  2.     Said  society  shall  hereafter  be  called  the  Name  changed 
First  Congregational  Society  of  Chicopee,  and  may  hold  s'ocie'ty  of°°^' 
and  possess  all  the  real  estate  and  personal  property,  and  ^^^°°p^®- 
shall  be  entitled  to  all  the  rights  and  privileges,  and  be 
subject  to  all  the  liabilities  of  the  society  called  as  afore- 
said. 

Section  3.     Said  society  may  purchase  and  hold  real  fjoj;°|'ye^ai'^' 
estate  in  addition  to  that  already  held,  to  an  amount  not  estate. 
exceeding  twenty-five  thousand  dollars. 

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

Approved  April  7,  1873. 

An  Act  in  addition  to  an  act  incorporating  the  massachu-  /^j      ^Yd. 
setts  institute  of  technology.  •  l^fl.     n-±. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Perpetual  right   is   granted   to   the  Mas-  Grant  of  lot  of 
sachusetts  Institute  of  Technology  to  hold,  occupy  and  fre^of  ?ent!°°' 


598  1873.— Chapter  175. 

control,  free  of  rent  or  charge  by  the  Commonwealth,  for 
the  uses  and  purposes  of  said  institute,   a  parcel  of  land 
Description  of    situatcd  lu  that  part  of  Boston  called  the  back  l)ay,  and 
land.  described  as  follows :    a  lot  in  the  form  of   a  trapezoid, 

lying  at  the  intersection  of  Bolyston  Street  and  Hunting- 
ton Avenue,  bounded  by  said  street  and  avenue,  and  on 
the  west  by  abutting  land,  as  laid  doAvn  on  the  selling- 
plan  of  the  commissioners  on  public  lands,  and  containing 
thirteen   thousand  one   hundred   and   ninety-four   square 
feet ;  said  lot  to  be  subject  to  the  limitations  and  stipula- 
tions relative  to  lands  of  the  Commonwealth  on  the  south 
side  of  Boylston  Street,  and   to  be  reserved   from   sale 
forever. 
Right  granted,        SECTION  2.     The  right  hereby  granted  to  said  institute 
lations  con-        sliall  bc  licld  subjcct  to  the  same  stipulations  in  relation  to 
acts?  ^"^  "™"  membership,  the  reception  of  pupils,  the  erection  of  a 
building,    and   the   care   of  the    lot,  as   are   created  and 
established  by  the  several  acts  relating  to  said  institute. 
Land  to  revert  to      Sectiox  3.     lu  casc  Said  iustitutc  appropriates  said  lot 

Commonwealth        pit.  /••j_.ji-i'j. 

ifnot  used  for    ot  laud  to  auy  purpose  or  use  toreign  to  its  legitimate 

ohjects!''^^'^^      objects,  then  the  Commonw^ealth,  after  due  notice  given, 

may  enter  upon  said  lot  and  take  possession  thereof,  and 

the  right  of  the  said  institute  to  the  use,  occupation  and 

control  of  said  lot  shall  thereupon  cease. 

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

Approved  April  8,  1873. 

Gh        175  ^  -^^^  RELATING  TO   THE   MANAGEMENT   OF  LOCK-UPS. 

Be  it  enacted,  &c.,  asfolloivs: 
Keepers  of  lock-      SECTION  1.     It  shall  bc  the  duty  of  mayors  of  cities, 
pohited.^''^       and  of  the  selectmen  in  towns,  now  required  by  law  to 
keep  and  maintain  a  lock-up,  to  appoint  annually  a  keeper, 
who  shall  have  the  custody  and  care  of  the  lock-up,  and 
of  persons  committed  thereto.     Such   appointment    shall 
be  in  writing,  and  for  the  term  of  one  year,  unless  sooner 
removed  ;  and  shall  be  recorded  in  the  city  or  town  clerk's 
office.     The  person  appointed  shall  signify  his  acceptance 
of  the  appointment  within  three  days  after  he  has  notice 
thereof,  and  shall  be  sworn  to  the  faithful  discharge  of  the 
duties  of  his  office. 
Keepers  to  have      SECTION  2.     Pcrsons  appointed  kccpcrs  under  the  first 
officers?  ^"''^^  section  of  this  act,  shall  have  all  the  powers  of  police- 
officers,  and  shall  have  such  compensation  as  may  be  fixed 
by  the  said  mayors  and  selectmen  at  the  time  of  their 
appointment,  to  be  paid  by  the  city  or  town ;  and  there 


1873.— Chapters  176,  177.  599 

may  be  charged  on  the  warrant  or  other  precept  of  the 
officer,  if  any,  a  snm  not  exceedhig  fifty  cents  a  day  for 
keepnig,  and  one  dollar  a  day  for  snpport  of  each  person 
committed,  which  shall  be  paid  to  the  city  or  town ;  and 
no  other  charge  for  keeping  or  custody  shall  be  made ; 
and  there  may  be  allowed  and  charged  a  sum  not  exceed- 
ing one  dollar  for  each  person  detained  without  a  warrant, 
to  be  paid  to  the  city  or  town,  and  in  such  case  no  other 
charge  shall  be  made  for  detention  or  custody. 

Section  3.     Any  city  or  town  now  required  to  keep  Penalty  on  town 
and  maintain  a  lock-up,  which  shall  neglect  to   provide  maintmiriock-*° 
and  maintain  the  same  for  three  months,  shall  forfeit  ten  keeper?^"'"* 
dollars  for  each  month's  neglect  thereafter,  to  be  recovered 
by  indictment.     And  if  the  said  mayors  or  selectmen  for 
three  months  neglect  to  appoint  a  lock-up  keeper,  they 
shall  forfeit  ten  dollars  a  month  for  each  month  of  neglect. 

Section  4.  The  lock-ups  of  the  cities  and  towns  of  ac°ce^sn?ie*t'o''^ 
the  Commonwealth  shall  at  all  reasonable  hours  be  acces-  ehtriffs  and 
sible  to  the  constables  of  the  Commonwealth,  sherifls, 
constables  and  police  ofiicers  of  cities  and  towns,  for  any 
legal  and  proper  use,  and  any  lock-up  keeper  who  shall 
neglect  to  keep  such  lock-up  accessible  for  such  use,  or 
who  shall  refuse  to  permit  the  officers  mentioned  in  this 
act  to  use  said  lock-ups  for  all  legal  and  official  purposes, 
shall  forfeit  and  pay  a  fine  of  not  less  than  five  nor  more 
than  twenty  dollars,  to  be  recovered  upon  complaint 
before  any  court  of  competent  jurisdiction. 

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

Approved  Ajyril  14,  1873. 
An  Act  providing  for  the  organization  of  corporations  for  rij,      l^fi 

MUSICAL  PURPOSES.  ^  -L  <  O- 

Be  it  enacted,  &c.,  as  folloivs : 

Chapter  thirty-two  of  the  General  Statutes  is  amended  Musical  corpo. 
by  inserting  the  word  "musical"  after  the  word  "educa-  organiz^7 
tional,"  in  sections  one  and  five.        Approved  April  14, 1873. 

An  Act  relating  to  the  dividends  of  certain  mutual  fire  rij      177 

INSURANCE  COMPANIES.  ^ ''"      -^  *  *  • 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     Section  eleven  of  chapter  three  hundred  Amencimentto 
and  seventy-five  of  the  acts  of  the  year  eighteen  hundred 
and    seventy-two,  is  amended    by  striking    out  the  word 
six  wherever  it  occurs,  and  inserting  instead  thereof  the 
word  five. 

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

Approved  April  14,  1873. 


600 


1873.-^Chapters  178,  179,  180,  181. 


Ch.   178. 


Persons  in  en- 
joyment of  an 
easement  to  be 
held  to  be  in 
possession  of 
real  property. 


An  Act  relating  to  easements. 
Be  it  enacted,  &c.,  as  follows : 

Any  person  who  is  in  the  enjoyment  of  an  easement 
shall  be  held  to  be  in  possession  of  real  property  within 
the  meaning  and  for  the  purposes  of  section  forty-nine  of 
chapter  one  hundred  and  thirty-four  of  the  General 
Statutes.  Apx>roved  April  14,  1873. 


Ch.   179. 


Amendment  to 
1870,  224,  §  6. 


Ch.   180. 


Milk-cans  used 
by  wholesale 
buyers  to  be 
sealed  and 
legibly  marked. 


Can  to  contain 
eight  quarts. 

Penalties. 


Ch.   181. 


Assistant  clerks 
of  courts  maybe 
appointed  by 
clerks. 


An  Act  authorizing  the  organization  of  corporations  to  be 

common  carriers  of  persons. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  Section  six  of  chapter  two  hundred  and 
twenty-four  of  the  acts  of  eighteen  hundred  and  seventy 
is  amended  by  striking  out  the  words  "merchandise  or 
other,"  and  inserting  in  place  thereof  the  words  ''persons 
or";  also  by  striking  out  the  words  "goods  and,"  and 
inserting  instead  thereof  the  words  "persons  or." 

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

Approved  April  14,  1873. 

An  Act  concerning  the  purchasing  op  milk  and  the  size  of 

milk-cans. 
Be  it  enacted,  &c.,  asfollotvs  : 

Section  1.  All  milk-cans  used  by  persons  engaged  in 
the  business  of  purchasing  milk  at  wholesale  shall  be 
sealed  annually  by  the  sealer  of  weights  and  measures  in 
the  city  or  town  where  the  purchaser  resides,  and  no  milk- 
can  shall  be  sealed  which  does  not  contain  one  or  more 
quarts,  without  fractional  parts  of  a  quart,  and  the  capac- 
ity of  the  can  shall  be  legil^ly  marked  upon  it  by  such 
sealer. 

Section  2.  When  milk  is  purchased  by  the  can,  such 
can  shall  hold  eight  quarts  of  milk  and  no  more. 

Section  3.  Every  person  violating  the  provisions  of 
this  act  shall  be  punished  by  a  fine  of  not  less  than  twenty 
dollars  nor  more  than  fifty  dollars,  one-half  of  which  fine 
shall  inure  to  the  use  of  the  complainant. 

Section  4.  This  act  shall  take  effect  on  the  first  day 
of  July  next.  Approved  April  14,  1873. 

An  Act  in  relation  to  assistant-clerks  of  courts. 
Be  it  enacted,  &c.,  asfolloivs : 

Section  1.  The  clerks  of  the  courts  for  the  counties 
of  Essex,  Middlesex,  Norfolk  and  Worcester,  and  of  the 
superior  court  for  civil  business  for  the  county  of  Suffolk, 
may  appoint  second  assistant-clerks,  ^ro  iemjjore,  or  for  a 


1873.— Chapters  182,  183.  601 

definite  term,   and   the    clerk  of  the    superior  court   for 
criminal  business  for  the  county  of  Suflblk  and  clerks  of 
the  courts  for  the  other  counties  of  the  state  may  appoint 
assistant-clerks,  ^;ro  temjwre,  or  for   a   definite  term,  as 
hereinafter   provided.     In    case    of    the   absence    or  dis-  to  have  powers 
ability   of    the    clerk  •  of    the    court   in   any  county,  the  tiiederk\'''^ 
assistant-clerk  for  such  county  shall  have  the  powers  and  ^^^'^'^^ 
perform  the  duties  of  the  clerk. 

Section  2.     Each  of  such  assistant  and  second  assist-  Term  of  office. 
ant-clerks,  when  not  appointed  J5?'0  tempore,  shall  hold  his 
ofiice  for  a  term  of  one  year,  subject  to  removal  by  the 
court  or  by  the  clerk  of  the  court. 

Section  3.     Each  of  such  assistant  and  second  assist-  Fees  to  be  paid 
ant-clerks  may,  under  the  direction  of  the  clerk,  perform  °^^' 
all  the  duties  which  may  be  performed  by  the  clerk,  and 
shall  pay  over  to  him  all  fees  and  sums  received  by  him  as 
such  assistant. 

Section  4.     Each   clerk   of  the   court    shall   pay   his  Compensation, 
assistant  or  second  assistant-clerk,  so  appointed  for  his 
services,  and  shall  be  responsible  for  his  official  acts. 

Approved  April  l-l,  1873. 
An  Act  in  addition  to  an  act  to  authorize  the  formation  of  rij      -i  qo 

INSURANCE   companies  AND   FOR  OTHER  PURPOSES.  ^  lO^. 

Be  it  enacted,  tfcc,  as  follows: 

Section  1.     "Whenever  any  joint-stock  insurance  com-  May  take  marine 
pany   organized   under  the   provisions  of  chapter   three  fuu h^\™r^' 
hundred  and  seventy-five  of  the  acts  of  the  year  eighteen  '^mtooof under 
hundred  and  sevent3^-two,  shall  have  increased  its  capital  ist^.'sto',  §  is. 
stock  in  the  manner  provided  by  section  thirteen  of  said 
act,  to  the  sum  of  three  hundred  thousand  dollars  or  more, 
such  company  shall  be  authorized  to  insure  against  loss  or 
damage  by  tempest  or  by  the  perils  of  the  sea,  and  other 
perils  usually  insured  against  by  marine  insurance  com- 
panies,  including  risks    of  inland   navigation  and  trans- 
portation ;  and  the  insurance  commissioner  shall  issue  his 
certificate  to  that  efiect. 

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

Approved  April  14, 1873. 
An  Act  to  amend   the  charter  of  the  city  of  Worcester,  /-yj      -*  oq 

RELATIVE   to   THE  PURCHASE  AND   CONTROL   OF  CITY  PROPERTY.         ^ '^*      -LOO. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  city  council  of  the  city  of  Worcester  city  council  to 
shall   have  the   care  and  superintendence  of  the   school-  andm'ana°ge^ 
houses  and  other  public  buildinofs  of  said  citv,  and  the  ment  of  aii  city 

•••  "  »/  '  property. 


602 


1873.— Chapter  184. 


care,  custody  and  management  of  all  the  property  of  said 
city,  with  power  to  lease  or  sell  what  may  he  legally  sold. 
And  the  said  city  council  may  purchase  property,  real 
or  personal,  in   the    name  and  for  the  use  of  said  city, 
whenever  its  interest  or  convenience  may  in  their  judg- 
ment require  it. 
Repeal  of  part  of      SECTION  2.     So   much    of    the    thirteenth    section    of 
^'  chapter  one  hundred  and  ninety-nine  of  the  acts  of  the 

year  eighteen  hundred  and  sixty-six,  as  confers  upon  the 
mayor  and  aldermen  of  said  city  the  powers  herein  granted 
to  said  city  council,  is  repealed. 

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

Api^roved  April  1-i,  1873. 


Ch.   184. 

Corporators. 


Name  and  pur- 
pose. 


Powers  and  du- 
ties. 


Real  and  per- 
sonal estate. 


May  convey 
water  into  vil- 
lage of  West 
Stockbridge. 


To  file  in  regis- 
try of  deeds  a 
description  of 
the  laud  taken. 


An  Act  to  supply  the  towx  of  west  stockbiudge  with  pure 

WATER. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  George  W.  Kniffin,  William  W.  Leavitt, 
Charles  W.  Kniffin,  James  S.  Moore,  William  F.  Gale,  I. 
C.  Hare,  A.  E.  Gaston,  William  M.  Kniffin  and  J.  P. 
Nicholson,  their  associates  and  successors,  are  made  a 
corporation  by  the  name  of  the  East  jNIountain  Water 
Company,  for  the  purpose  of  supplying  the  inhabitants  of 
West  Stockbridge,  in  the  county  of  Berkshire,  with  pure 
water;  with  the  powers  and  privileges,  and  subject  to  the 
duties,  restrictions  and  liabilities  set  forth  in  the  general 
laws  which  now  are  or  may  hereafter  be  in  force  relating 
to  such  corporations. 

Section  2.  Said  corporation  may  for  the  purposes 
aforesaid  hold  real  and  personal  estate  not  exceeding  in 
amount  ten  thousand  dolhirs,  and  the  whole  capital  stock 
shall  not  exceed  thirty  thousand  dollars. 

Section  3.  Said  corporation  may  purchase,  lease, 
hold  and  convey  to,  into  and  through  the  village  of  West 
Stockbridge  the  water  of  any  spring  or  springs,  or  of  any 
natural  pond  or  ponds  within  said  town ;  may  take  and 
hold  real  estate  necessary  for  laying  and  maintaining 
aqueducts  and  reservoirs,  and  may  purchase,  or  lease  and 
hold  land  around  the  margin  of  any  such  spring  or  pond 
to  an  extent  necessary  for  the  preservation  and  purity  of 
the  water  so  taken. 

Said  corporation,  within  sixty  days  after  the  time  of 
taking  lauds,  ponds  or  springs  as  herein  before  provided, 
shall  iile  in  the  office  of  the  registry  of  deeds  in  the 
southern  district  of  the  county  of  Berkshire,  a  description 


1873.— Chapter  184.  603 

of  the  lands,  springs  or  ponds  so  taken,  sufficiently  accu- 
rate for  identification,  together  with  a  statement  of  the 
purpose  for  which  such  lands,  springs  or  ponds  are  taken, 
signed  by  the  president  of  said  corporation. 

Section"  4.     Said    corporation    may   make    aqueducts  May  make  aque- 

i.-.i',  A        jC  ducts,  reger- 

from  any  sources  above   mentioned  through   any  part  oi  voirs  and  hy. 

said  town,  and  may  maintain  the  same  by  suitable  works ; 

may  make  reservoirs  and  hydrants,  and   may    distribute 

the  water  throughout  said  town  by  laying  down  pipes ; 

may  establish  the  rents  for  the  use  of  such  water,  and  may 

for  the  purpose  of  distributing  said  water  enter  upon  and 

dig  up  any  town  road  or  way  within  said  town  of  West 

Stockbridge,  under  the  direction  of  the  selectmen  of  said 

town,  and  in  such  a  manner  as  to  cause  the  least  hindrance 

to  the  travel  on  said  roads  and  ways. 

Section  5.     Said   corporation   shall  pay   all   damages  Liability  fo 
sustained  by  any  persons  or  corporations  in  their  property    ''™''^''*' 
by  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  corporation  sustaining  damages  as 
aforesaid  cannot  agree  with  said  East  Mountain  Water 
Company  upon  the  amount  of  such  damages,  they  may  be 
assessed  by  the  county  commissioners  for  the  county  of 
Berkshire,  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  esti- 
mation of  said  damages,  may  have  the  same  settled  by  a 
jury;  and  if  the  damages  are  increased  by  the  jury,  the 
said  East  Mountain  Water  Company  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  is  provided  in  case  of  taking  land  for  high- 
ways. 

Section  6.     Any  person  who  maliciously  diverts  the  penalty  for  ma- 
water  or  any  part  thereof  of  the  sources  which  may  be  ing°water!  or"" 
taken  by  said  corporation,  pursuant  to  the  provisions   of  p'JJ.'^'-'"''^  ^^ '™- 
this  act,  or  who  corrupts  the  same  or  renders  it  impure, 
or  who  maliciously  destroys  or  injures  any  dam,  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  damage  to  the 
17 


604: 


1873.— Chapters  185,  186,  187. 


Ch.   185. 


May  alter  Main 
Street  in  North 
Bridgewater. 


Proviso. 


said  corporation,  to  be  recovered  by  an  action  of  tort,  and 
every  such  person,  on  conviction  of  either  of  the  malicious 
acts  aforesaid,  may  be  punished  by  a  tine  not  exceeding 
one  hundred  dollars  or  imprisonment  not  exceeding  six 
months. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  Ajiril  14,  1873. 
An  Act  authokizing  the  Plymouth  county  commissionei{S  to 

LAY   out  a   HIGHWAY'   OVER  A  POKTION   OF  A  BUKYING  GliOUND  m 
NOUTH  BRIDGEWATEU. 

Be  it  enacted,  <fcc.,  as  follows : 

Section  1.  The  county  commissioners  of  the  county 
of  Plymouth  may  alter  Main  Street,  in  North  Bridgewater, 
by  including  therein  a  strip,  not  more  than  ten  feet  in 
width,  of  the  burying  ground  at  the  corner  of  Main  and 
Ashland  Streets  :  provided,  that  said  commissioners  shall 
first  cause  any  remains,  which  may  be  interred  in  that 
portion  of  the  burying  ground,  to  be  removed  and  buried 
elsewhere,  under  such  reasonable  directions,  if  auy,  as  the 
relatives  of  the  deceased  may  give.  The  expense  of  such 
removal  and  the  reinterment  shall  be  defrayed  by  the  town. 

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

Approved  Ajiril  14,  1873. 

An  Act  to  authorize  the  north  parish  m  weymuuth  to  sell 

PARSONAGE   LANDS. 

Be  it  e?iacted,  &c.,  as  folloivs : 

Section  1.  The  North  Parish  in  Weymouth  may  sell 
and  convey  by  its  deed  executed  by  the  treasurer  of  said 
parish,  the  easterly  part,  not  exceeding  one  acre,  of  its 
parsonage  lands,  situated  on  East  Street  in  Weymouth. 

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

A2)proved  Ajjril  14,  1873. 

Ch  187  "^  "^^^  ^^  authorize  the  old  colony  RAILROAD  COMPANY  TO 
WIDEN  ITS  BRIDGE  ACROSS  FORT  POINT  CHANNEL,  AND  TO  EXTEND 
ITS  WHARF  ON  SAID  CHANNEL,  IN  BOSTON. 

Be  it  e?iacted,  &c.,  as  follows: 

Section  1 .  License  is  granted  to  the  Old  Colony  Rail- 
road Company  to  widen  its  bridge  across  Fort  Point  Chan- 
nel, in  the  city  of  Boston,  for  the  purpose  of  constructing 
and  maintaining  a  third  track  over  said  channel,  by  adding 
to  said  bridge  a  section  on  its  easterly  side  not  exceeding 
fourteen  feet  in  width,  outside  the  drawway,  and  con- 
structing an  additional  draw  in  such  form  as  the  harbor 
commissioners  may  approve. 


Ch.   186. 


May  sell  parson- 
age lands. 


May"-widen 
bridge  across 
Fort  Point 
Channel. 


18T3.— Chapters  188,  189.  605 

Sectiox  2.     Liconse  is  also  granted  to  said  corporation  iiav  occupy 
for  the  purpose  of  conveniently  connecting  its  tracks  on  structure  cer- 
said  bridge  with  its  freight  premises  in  Boston,  and  with  covere"byTide- 
the   tracks    of  the  Union  Freight  Railway  Company,  to  '*■^'^"• 
occupy  with  a  pile-structure  the  territory  covered  by  tide- 
water lying  between  the  present  wharf-line  on  the  Boston 
side  of  said  channel  and  a  line  parallel  thereto  and  fifty 
feet  southerly  therefrom,  and  between  said   bridge    and 
Federal  Street  Bridge,  or  such  portion  thereof  as  may  be 
necessary  for  said  purposes,  paying  to  the  Commonwealth 
such  sum  as  the  governor  and  council  may  determine  to 
be  a  reasonable  compensation  for  the  territory  so  occupied. 

Section  3.     This  license  is  subject  to  the  provisions  of  fg^^^J®'^*  ^°  ^^®^' 
chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

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

Approved  April  1-i,  1873. 

An  Act  in  addition  to  an  act  concerning  the  brookline  gas  Qj^^    188. 

LIGHT  COMPANY. 

Be  it  enacted,  tfcc,  as  follows  : 

Section  1.     The   Brookline   Gas  Lisrht  Company  are  Maymakegasin 
authorized  to  make  gas  in  the  town  of  Brighton,  subject 
to   all  provisions   of  law   concerning  gas  light  corpora- 
tions. 

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

Approved  April  14,  1873. 

An  Act  giving  the   consent  of  the  commonwealth  to  the  Qf.      igo 

UNITED  STATES,  FOR  THE   PUKCIIASE   OF  ADDITIONAL   LAND   IN  THE 
CITY  OF  BOSTON,  FOR  THE  SUB-TREASURY  AND  POST-OFFICE  SITE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The    consent    of    the    Commonwealth  is  Additional  land 
granted  to  the  United  States,  to  purchase  additional  land,  Sed'^for'sue 
for  the  site  of  the  new  post-office  and  sub-treasury  build-  office!^  ^°^'' 
ing  in  the  city  of  Boston,  the  said  additional  land  lying 
adjoining  the  tract  already  purchased  by  the  United  States, 
in  the  block  bounded  by  Devonshire,  Water,  Congress 
and  Milk  Streets,  and  constituting,  with  the  tract  already 
purchased,  the  entire  block  or  square  bounded  by  Devon- 
shire, Water,  Congress  and  jSIilk  Streets. 

The  said  tracts  of  additional  land  are  :  first,  an  estate  Description  of 
now  or  formerly  owned  by  the  Merchants'  Insurance  Com- 
pany ;  second,  an  estate  now  or  formerly  owned  by  Peter 
B.  Brigham ;  third,  an  estate  now  or  formerly  owned  by 
Edward  Wiggles  worth ;  fourth,  an  estate  now  or  formerly 


606  1873.— Chapter  189. 

owned  by  Thomas  Wigglesworth  ;  fifth,  an  estate  now  or 
formerly  owned  by  Thomas  Goddard,  trnstee,  and  all  of 
said  estates  constitute  the  estate  lying  between  the  prop- 
erty already  acquired  by  the  United  States  on  the  west, 
and  Congress  Street  on  the  east.  Water  Street  on  the 
north  and  Milk  Street  on  the  south.  Jurisdiction  is  ceded 
to  the  United  States  over  said  tracts,  respectively,  or  any 
part  or  portion  thereof,  when  the  United  States  shall  be- 

Proviso.  come  the  owner  thereof:  provided,  always,  that  the  Com- 

monwealth shall  retain  and  does  retain  concurrent  juris- 
diction with  the  United  States  in  and  over  all  the  lands 
aforesaid,  so  far  that  civil  and  criminal  processes,  issuing 
under  the  authority  of  the  Commonwealth,  may  be  exe- 
cuted on  said  laud,  and  in  any  buildings  erected  or  to  be 
erected  thereon,  in  the  same  way  and  manner  as  if  juris- 

Proviso.  diction  had  not  been  granted  as  aforesaid  ;  and  provided, 

that  the  exclusive  jurisdiction  shall  revert  to  and  revest  in 
the  Commonwealth  of  Massachusetts,  whenever  said  lands 
shall  cease  to  be  used  by  the  United  States  for  public 
purposes. 

If  price  of  land        Section  2.     If  the  ao^ent  or  aofents  employed  by  the 

Ciiunot  DC  <i£rr66Q  a        »/  •/ 

upon  valuation  Uuitcd  Statcs,  aud  tlic  person  or  persons  owning  or  inter- 
SL^edby  ajury.  estcd  iu  either  of  said  estates,  cannot  agree  upon  the  price 
to  be  paid  for  their  interest  therein,  the  agent  or  agents 
of  the  United  States  may  apply  by  petition  to  the  superior 
court  for  the  county  of  Suffolk,  such  petition  to  be  made 
separately  as  to  each  of  said  estates,  describing  the  estate 
and  praying  to  have  a  valuation  thereof  made  by  a  jury ; 
and  the  court,  after  due  notice  to  the  owner  or  owners  of 
the  estate  described  in  such  petition,  and  to  all  parties  in- 
terested therein,  to  be  given  in  such  manner  as  the  court 
may  order,  is  empowered  and  required  to  hear  the  parties 
and  finally  determine  the  value  of  their  said  estate,  (taking 
into  consideration  the  injury  or  benefit,  if  any,  which  said 
owners  or  persons  interested  may  sustain  in  any  adjoining 
estate,)  by  a  jury,  who  shall  be  sworn  to  faithfully 
and  impartially  make  such  appiaisment  and  valuation. 
And  if  any  person  or  persons,  other  than  the  owner  or 
owners  of  said  estate  shall  appear  and  claim  any  interest 
in  said  estate,  the  value  to  the  owner  of  the  fee,  and  to  all 
persons  interested  in  said  estate,  shall  be  ascertained  and 
apportioned  in  the  same  manner  as  is  provided  for  the 
assessment  of  damages  in  section  fifty-five  of  chapter 
forty-three  of  the  General  Statutes ;  and  the  clerk  of  the 


1873.— Chapter  190.  607 

superior  court  for  civil  bu*siness,  for  the  comity  of  Suffolk, 
shall  issue  writs  of  venire  facial^,  for  jurors  to  make  the 
appraisements  and  valuations  aforesaid,  and  shall  therein 
require  the  attendance  of  said  jurors,  on  such  day  as  the 
court  shall  order,  and  said  writs  shall  be  severally  issued, 
delivered,  transmitted,  served  and  returned  in  the  same 
manner  as  now  provided  as  to  other  juries  by  chapter  one 
hundred  and  thirty-two  of  the  General  Statutes  ;  and  the 
value  aforesaid  having  been  ascertained  by  the  verdict  of  ^beo™°pa^d 
said  jury,  and  said  verdict  accepted  and  recorded  by  said  ?^th^u  a  ^^^' 
court,  and  the  amount  thereof  paid  or  tendered  within  one 
month  after  final  judgment,  to  the  said  owner  or  owners, 
or  persons  interested,  or  their  agent  or  attorney,  together 
with  their  reasonable  costs  and  expenses,  to  be  taxed  by 
said  court,  or  in  case  of  their  neglect  or  refusal  to  receive 
the  same,  the  amount  of  said  verdict,  costs  and  expenses 
having  been  paid  into  the  treasury  of  the  Commonwealth, 
for  their  use,  and  subject  to  their  order,  the  fee  of  said 
estate  shall  be  forever  vested  in  the  United  States  :  2')ro-  proviso. 
vided,  hoivever,  that  neither  the  United  States  nor  their 
agent  or  agents  shall  enter  into  or  take  possession  of  said 
estates,  respectively,  or  exercise  any  act  of  ownership 
thereon  until  the  amount  of  said  verdict,  costs  and  ex- 
penses aforesaid  shall  have  been  actually  paid  as  aforesaid  ; 
Sind  pi'ovided,  also,  that  all  the  charge  of  said  application  Proviso. 
and  appraisment  shall  be  paid  by  the  United  States. 

The  applications  aforesaid  may,  by  agreement  of  par- 
ties, be  heard  and  determined  together,  but  a  separate 
valuation  shall  be  made  and  a  separate  verdict  rendered 
in  each  case. 

Sectiox  3.     This  act  shall  be  void  unless  a  suitable  pianofiandto 
plan  of  the  additional  land  obtained  or  purchased  by  the  gecmary-s^^ 
United  States  under  this  act  shall  be  filed  in  the  office  of  °^''^- 
the  secretary  of  the  Commonwealth  within  one  year  after 
the  title  shall  be  acquired. 

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

Approved  April  15,  1873. 
An  Act  to  prohibit  the  drawing  of  axy  seine  or  drag-net  ryr      lOr) 

NEAR  THE  MOUTH  OF  THE  GAY  HEAD  HERRING  CREEK. 

Be  it  enacted,  &c.,  as  follows  : 

Section-  1.     No  seine   or  drag-net  shall  be  drawn  in  no  seine  to  be 
Menamsha  Pond,  within  fifty  rods  from  the  mouth  of  the  MarThialnr 
Gay  Head  Herring  Creek,  between  the  fifteenth  day  of^^y^^- 
March  and  the  fifteenth  day  of  May,  in  each  year. 


608  1873.— Chapters  191,  192,  193. 

Penalty.  SECTION  2.     "VVhoGver  violates  the  provisions  of  this 

act,  shall  forfeit  the  sum  of  five  dollars  for  each  offence. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  15, 1873. 

Ch.      191.  -^^  ^^"^  AUTHORIZING  NOTARIES-PUBLIC  TO   ADMINISTER  OATHS. 

Be  it  enacted,  &c.,  as  follows: 

^atL°^^!?to^'       Any  notary-public  duly  commissioned  and  qualified  by 

^e^^^k  in  this    authority  of  any  state  or  government,  may,  within  the 

jurisdiction   for   which   be   is    commissioned,    administer 

oaths  and  take  affidavits  to  be  used  in  this  state.     All 

oaths  and  affidavits  so  administered  or  taken,  and  certified 

by  him  under  his  official  seal,  shall  be  as  efiectual  as  if 

,     administered  or  taken  and  certified  by  a  justice  of  the 

peace  in  this  state.  Approved  April  15, 1873. 


C7i.   192. 


An  Act  to  authorize  cities  and  towns  to  establish  hospitals. 
Be  it  enacted,  &c.,  as  follotvs : 

Section  1.  Any  city  or  town  may  erect,  establish  and 
May  establish     maintain  a  hospital,  for  the  reception  of  persons  who,  by 

oospitfils  tor  •    £•      1  J  •  i*/*T»j 

patients  requir-  mistortunc  or  povcrty,  may  require  reliet  during  tem- 
refief.'"^"'^'*'^^  porary  sickness.  And  the  city  council  of  any  city,  and  the 
selectmen  of  any  town  shall  have  power  to  make  such 
ordinances,  rules  and  regulations  as  they  may  deem 
expedient,  for  the  appointment  of  trustees  and  all  other 
officers,  agents  and  servants  necessary  for  managing  such 
hospital. 

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

Approved  April  15,  1873. 
An  Act  to  provide  uniforms  for  the  officers  of  the  state 

pj        -i  qq  PRISON. 

O/i.     ^'J*^'  Be  it  enacted,  &c.,  as  follows: 

Section  1.  For  the  purpose  of  promoting  the  dis- 
officers  to  wear  Qjpiiue  of  the  statc  prisou,  the  several  officers  thereof, 
on  duty.  exccpt  the  board  of  inspectors,  clerk,  physician  and  chap- 

lain, shall,  while  on  duty,  wear  such  uniform  as  may  from 
time  to  time  be  prescribed,  by  the  inspectors  and  warden. 
Section  2.  In  order  to  defray  the  expense  of  procur- 
ing such  uniform,  said  officers,  excepting  the  inspectors, 
Allowance  for  warden,  clerk,  physician  and  chaplain,  shall  be  allowed 
and  paid  severally  the  sum  of  one  hundred  dollars  annually 
in  addition  to  the  salary  now  allowed. 

Section  3.     This  act  shall  take  effect  on  the  first  day 
of  May  next.  Approved  April  15, 1873. 


1873.— Chapters  194,  195,  196.  609 

An  Act  relating  to  the  annual  returns  of  railroad  and  (Jj^^    194. 

STREET  RAILWAY  CORPORATIONS. 

Be  it  enacted,  &c.,  as  follotos  : 

Section  1.     The  accounts  of  every  railroad  and  street  ^uSl'to^be 
railway   corporation   shall  be   closed   upon   the    thirtieth  '^^rle  h^Ts''^ 
day  of  September  of  each  year,  so  that  the  condition  of  tcmber. 
the    company   can   be   shown  by   a  balance    sheet  taken 
therefrom,  which  shall  be  included  in  its  annual  return  to 
the  railroad  commissioners. 

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

Approved  April  15, 1873. 

An  Act  to  regulate  the  leasing  of  great  ponds  for  the  Qj^     ^95 

PURPOSE   OF  CULTIVATING  USEFUL  FISHES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     It  shall  be  the  duty  of  the  commissioners  Commissioners 

.    ii/»i'  •         n  1  ^•       ,•  •  ito  give  notice  of 

on  inland  nsheries  m  all  cases  where  application  is  made  application  to 

for  the  lease  of  any  great  pond  for  the  purpose  named  in  pond  iTe^'a!'^  ^^^ 

section  nine  of  chapter  three  hundred  and  eighty-four  of 

the   acts    of   eighteen   hinidred   and   sixty-nine,    to   give 

notice  of  said  application  to  the  town  or  city  within  whose 

limits  said  pond  lies,  and  of  the  time  and  place  appointed 

for  a  hearing  thereon. 

Section   2.      The    several    towns    and    cities    in    the  Towns  may  take 
Commonwealth   are    authorized   to    take   leases    of    any  wuhki°tiieh-"toi- 
great  ponds  within  their   respective  limits,  for  the  pur-  ^'*" 
pose  of  cultivating  useful  fishes,  under  such  conditions  and 
restrictions  as  the  commissioners  on  inland  fisheries  may 
prescribe,  and  may  make  appropriations  to  carry  out  the 
provisions  of  this  act. 

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

Approved  April  15,  1873. 

An  Act  to  authorize  the  city  of  Worcester  to  lay  out  a  QJi     ^96 

PUBLIC   PARK  AND   TO   ESTABLISH   AND   MAINTAIN    A   RESERVOIR. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  city  of  Worcester,  by  its  city  council,  city  may  layout 
may  at  any  time  within  two  years  after  the  passage  of. this  *^^  i'-p^'"- 
act,  take  and  hold,  by  purchase  or  otherwise,  for  the 
purposes  of  a  public  park,  all  or  any  part  of  the  land  in 
said  city  which  is  bounded  northerly  by  Highland  Street, 
easterly  partly  by  the  new  common  and  partly  by  North 
Newton  Street,  and  southerly  and  westerly  by  Pleasant 
Street,  with  the  right  to  appropriate  a  portion  of  said  land 
to  be  used  as  a  reservoir. 


610  1873.— Chapter  196. 

Description  of        Sectiox  2.     Said  citj,  witliiii  sixty  days  after  said  city 
filed  in  the  reg.   council  votes  to  take  any  land  under  this  act,  shall   file  in 
istry  of  deeds,    ^^^q   registry   of    deeds  for  the  county   of   Worcester,  a 
description   of  the   land   taken,  sufficiently  accurate   for 
identification,  which  description  shall  be  signed  by  the 
mayor  of  said  city ;  and  the  title  of  the  land  taken  shall 
vest  in  the  city  from  the  time  of  filing  such  description. 
Liability  for  Sectiox  3.     The  city  of  AVorcester  shall  be  liable  to 

^'^^''^'  pay  all  damages  sustained  by  any  persons  by  the  taking  of 

any  land  under  this  act ;  and  if  the  owner  of  any  land 
taken  shall  not  agree  with  said  city  upon  the  damages  to 
be  paid  therefor,  he  may  apply  by  petition  for  the  assess- 
ment of  his  damages  within  one  year  after  he  shall  have 
notice  of  such  taking,  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  a  major  part  of  them, 
being  returned  into  and  accepted  by  said  court  shall  be 
final,  and  judgment  shall  be  rendered  thereon  for  the  pre- 
vailing party,  with  costs,  unless  one  of  the  parties  shall 
claim  a  trial  by  jury,  as  hereinafter  provided. 

Parties  disB.itis-       Section  4.     If  either  of  said  parties  shall  be  dissatis- 
fied with  award     -,,.,,,  ,       i>  j-i        -t  tti  •  -i 

may  claim  trial  ficd  With  thc  amouut  ot  the  dauiagcs  awarded  by  said  com- 
yjury-  missioners,   such  party  may  at   the  term  at  which  said 

award  shall  be  accepted,  or  at  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. 

City  may  con-         SECTION  5.     The  Said  citv  mav  at  any  time  after  the 

sent  that  a  Bum  t         •  -•  ..  «»•  -i  •  •• 

specified  may     entry  ot  Said  petition  oiicr  in  court  and  consent  in  writing 

be  awarded  as       .i.  ji-  •  r'     ^  t  it  i 

damages.  that  a  sum  therein  specified  may  be  awarded  as  damages 

to  the  petitioner ;  and  if  the  petitioner  shall  not  accept 
the  same  within  thirty  days  after  he  has  received  notice  of 
said  oflTcr,  or  within  such  further  time  as  the  court  shall 
for  good  cause  grant,  and  shall  not  finally  recover  a 
greater  sum  than  the  sum  ofiered,  not  including  interest 
on  the  sum  recovered  in  damages  from  the  date  of  the 
ofier,  the  said  city  shall  be  entitled  to  recover  its  costs 
after  said  date,  and  said  petitioner,  if  he  recovers 
damages,  shall  be  allowed  his  costs  only  to  the  date  of 
the  ofier. 
Subject  to  ap-  SECTION  6.  This  axjt  shall  not  take  effect  unless  it 
fority  of^the'"'''  shall  be  submitted  to  and  approved  by  a  majority  of  the 

voters. 


1873.— Chapter  197.  611 

legal  voters  of  the  city  of  ^Vorcester,  present  and  voting 
thereon  by  ballot,  at  the  next  municipal  election. 

Approved  April  15,  1873. 

Ax  Act  for  supplying  south  adams  with  pure  avater.         (JJi,    197. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  South  Adams  fire  district  is  author-  south  Adams  to 
ized,  by  and  through  the  agency  of  five  commissioners,  to  pu^e^vater.^' 
be  appointed  in  the  manner  hereinafter  provided,  to  take, 
hold  and  convey  to,  into  and  through  the  villages  of 
Cheshire  Harbor,  Arnoldsville,  JNIaple  Grove  and  South 
Adams,  the  water  of  Bassett's  brook,  so  called,  in  the 
town  of  Cheshire,  and  the  waters  which  may  flow  into  or 
from  the  same,  and  any  water  rights  connected  therewith ; 
and  said  district  may  also  take  and  hold,  by  purchase  or 
otherwise,  any  real  estate  necessary  for  laying  and  main- 
taining aqueducts  for  conducting,  discharging,  disposing 
of  and  distributing  water  and  for  forming  reservoirs,  and 
may  take  and  hold  any  land  on  or  near  said  brook,  so  far 
as  may  be  necessary  for  the  preservation  and  purity  of  the 
water  therein,  and  for  furnishing  a  supply  of  water  to  the 
villages  aforesaid,  and  for  public  purposes. 

Section  2.     The  said  tire  district   may,  through   the  rire  district  may 
same  agency,  make  and  build  one  or  more   permanent  and er^'o'it an'd^ 
aqueducts  from  the  brook  aforesaid  to,  into  and  through  maintain  dams. 
the  said  villages,  by  any  works  suitable  therefor ;  may 
erect  and  maintain  dams  to  raise  and  retain  the  water 
therein  ;  may  make  and  maintain  reservoirs,  within  and 
without  the  limits  of  said  district ;  may  make  and  establish 
public  fountains  and  such  public  hydrants  in  such  places 
as  may  from  time  to  time  be  deemed  proper ;  may  prescribe 
the  purposes  for  which  they  may  be  used,  and  may  change 
or  discontinue  the  same  ;  may  distribute  the  water  through 
said  villages  and  establish  the  prices  or  rents  to  be  paid 
therefor ;    and   the    said   district   may,  for   the   purposes 
aforesaid,  carrj^  and  conduct  any  aqueducts,  pipes  or  other 
works,  by  them  to  be  made,  laid  or  constructed,  over  or 
mider  any  water-course  or  railroad,  and  over  or  under  or 
along  any  street,  highway  or  other  way,  in  such  manner 
as  not  to  obstruct  or  impede  travel  thereon;    and  may  May  dig  up 
enter  upon  and  dig  up  any  such  road,  street  or  way,  for  pi^rpoL^oViay. 
the  purpose    of  laying  down  pipes    beneath   the  surface  "^^ '^°^  p'I"^^' 
thereof,  and  for  maintaining  and  repairing  the  same,  and 
may  do  any  other  things  necessary  and  proper  in  execut- 
ing the  purposes  of  this  act. 

18 


612 


1873.— Chapter  197. 


Five  commis- 
sioners to  be 
chosen  by  bal- 
lot. 


Term  of  office. 


Quorum. 


BalarieB. 


WTien  works  are 
completed  all 
powers  to  be  ex- 
e  cised  by  the 
district. 


Liability  for 
damages. 


Section  3.  Five  commissioners  shall  be  chosen  by  the 
said  fire  district  by  ballot,  who  shall,  during  their  continu- 
ance in  office,  execute,  superuitend  and  direct  the  per- 
formance and  execution  of  all  the  works,  matters  and 
things  mentioned  in  the  preceding  sections,  and  which  are 
not  specially  otherwise  provided  for  in  this  act ;  they  shall 
be  subject  to  such  ordhiances,  rules  and  regulations  in  the 
execution  of  their  said  trust  as  the  said  district  may  from 
time  to  time  ordain  and  establish,  not  inconsistent  with 
the  provisions  of  this  act  and  the  laws  of  this  Common- 
wealth ;  they  shall  respectively  hold  their  said  offices  for 
the  term  of  three  years  next  after  their  appointment, 
unless  the  works  aforesaid  shall  be  sooner  completed  ;  but 
they,  or  either  of  them,  after  having  had  an  opportunity 
to  be  heard  in  their  or  his  defence,  may  be  removed  at  any 
time  by  vote  of  two-thirds  of  the  voters  present  at  any 
legal  meeting  of  the  district ;  and  in  case  of  a  vacancy  in 
the  board  by  death,  resignation  or  removal,  such  vacancy 
may  be  filled  by  the  appointment  of  another  commissioner 
in  manner  aforesaid,  who  shall  hold  his  office  for  the 
residue  of  the  three  years,  with  all  the  powers,  and 
subject  to  the  restrictions  aforesaid.  A  major  part  of  said 
commissioners  shall  be  a  quorum  to  do  business  ;  they 
shall  once  a  year,  and  whenever  required  by  a  vote  of  the 
said  district,  make  and  present  in  writing  a  full  and 
particular  statement  of  all  their  acts  and  doings,  and  of 
the  condition  and  progress  of  the  works  aforesaid. 

Section  4.  The  said  district  shall  establish  the  sala- 
ries to  be  paid  to  the  commissioners  for  their  serviQCS,  and 
the  said  salaries  so  established  shall  not  be  altered  during 
their  continuance  in  said  office. 

Sectiox  5.  "Whenever  the  office  of  said  commissioners 
shall  cease,  either  by  the  expiration  of  said  term  of  three 
years  or  by  the  completion  of  the  works  as  mentioned  in 
the  foregoing  sections  of  this  act,  all  the  rights,  powers 
and  authority  given  to  the  said  fire  district  by  this  act, 
shall  then  and  thenceforth  be  exercised  by  the  said  fire 
district,  subject  to  the  duties,  liabilities  and  restrictions 
herein  contained,  in  such  manner  and  by  such  officers  and 
assents  as  the  said  district  shall  from  time  to  time  ordain 
and  direct. 

Section  6.  The  said  district  shall  be  liable  to  pay  all 
damages  sustained  by  any  person  or  corporations  in  their 
property  by  the  taking  of  any  lands,  water  or  water-rights, 


1873.— Chapter  197.  613 

or  by  the  construction  of  any  aqueducts  or  other  "works 
for  the  purposes  aforesaid.  If  any  person  or  corporation 
sustaining  damages  as  aforesaid,  cannot  agree  with  the 
said  commissioners  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  county  commissioners  for 
the  assessment  of  damages  for  the  taking  of  water-rights 
until  the  water  is  actually  taken  and  diverted  by  said 
district.  Any  person  whose  water-rights  are  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  7.     For  the   purpose   of    defraying   the    ex-  Townmayiesue 
penses  which  may  be  incurred   by  the    said   district  in  wa°terVcrip™* 
carrying  into  eflect  the  powers  granted  by  this  act,  the  $^5^,000.^'^^ 
town  of  Adams  may  issue  from  time  to  time,  notes,  scrip 
or  certificates  of   debt,   to  be   denominated  on  the  face 
thereof,  "South  Adams  Water  Scrip,"  to  an  amount  not 
exceeding  one  hundred  and  twenty-five  thousand  dollars, 
and  bearing  interest  not  exceeding  six  per  centum   per 
annum ;  said  interest  shall  be  payable  semi-annually,  and 
the  principal  shall  be  payable  at  periods  not  more  than 
twenty  years    from   the    issue    of   said    notes,    scrip    or 
certificates  respectively.     AH  notes,  scrip  and  certificates  xotestobe 
of  debt  issued  as  aforesaid  shall  be  signed  by  the  treas-  trfaeurer.*"^^ 
urer  of  said  town,  and  countersigned  by  the  chairman  of 
the  selectmen,   and  a  record  of   all  such  scrip  and  cer- 
tificates shall  be  made  and  kept  by  the  said  treasurer. 
The  town  of  Adams  may  loan  said  notes,  scrip  or  cer- 
tificates to  the  South  Adams  fire  district  upon  such  terms 
and  conditions  as  may  be  by  said  town  prescribed  ;  and 
the  said  district  may  sell  the  same  or  any  j^art  thereof 
from  time  to  time,  or  pledge  the  same  for  money  borrowed 
for  the  purpose  aforesaid,  at  such  rates  and  upon  such 
terms  as  said  fire  district  shall  deem  proper. 

Section  8.     The    town    of   Adams    may   assess    and  fo?"^"''e^to^ 
collect  upon  the  estates,  real  and  personal,  in  said  fire  principal  and m- 
district,    all  taxes   necessary   to   pay   the   principal   and 
interest  of  the  notes,   scrip  and   certificates   issued  and 
loaned  as  aforesaid. 

Section  9.     The  commissioners  aforesaid  shall  within  Description  of 
six  months  from  the  time  of  taking  any  lands,  springs  or  Irbl'tHedin^^ 
brooks,  as  before  provided,  file  in  the  registry  of  deeds  i^'^y  of  deeds. 


614 


1873.— Chapter  197. 


Penalty  for  un- 
lawful use  of 
water  or  render- 
ing it  impure. 


Subject  to  ac- 
ceptance by 
voters  of  the  dis- 
trict. 


Fire  district  may 
hold  property 
and  proaecute 


for  the  northern  district  of  the  county  of  Berkshire,  an 
accun  ti  description  of  the  hmds,  springs  or  brooks  so 
taken,  and  a  statement  of  the  purpose  for  which  the  same  are 
taken,  signed  by  said  commissioners.  And  said  commis- 
sioners shall,  upon  the  written  request  of  any  person 
whose  lands,  springs  or  brooks  are  so  taken,  furnish  him 
with  an  accurate  description  of  the  same. 

Sectiox  10.  If  any  person  shall  use  any  of  the  said 
water,  without  the  consent  of  the  said  district,  an  action 
of  tort  may  be  maintained  by  the  inhabitants  of  said 
district  for  the  recovery  of  damages 'therefor;  and  if  any 
person  shall  wantonly  or  maliciously  divert  the  water  or 
any  part  thereof  of  any  springs  or  brooks  or  water- 
courses which  shall  be  taken  by  said  district  pursuant  to 
the  provisions  of  this  act,  or  shall  corrupt  the  same  or 
render  it  impure,  or  destroy  or  injure  any  dam,  reservoir, 
aqueduct,  pipe,  conduit,  hj'drant,  machinery  or  other 
works  or  property  held,  owned  or  used  by  said  district, 
by  the  authority  and  for  the  purposes  of  this  act,  every 
such  person  shall  forfeit  and  pay  to  said  district  three 
times  the  amount  of  the  damages  that  shall  be  assessed 
therefor  in  an  action  of  tort  in  the  name  of  the  inhabit- 
ants of  said  district;  and  any  such  person,  on  convic- 
tion of  either  of  the  wanton  or  malicious  acts  aforesaid, 
may  also  be  punished  with  fine  not  exceeding  three 
hundred  dollars,  or  imprisonment  not  exceeding  one 
year. 

Section  11.  A  legal  meeting  of  the  voters  of  said 
fire  district  shall  be  called  within  sixty  days  from  the 
passage  of  this  act  for  the  purpose  of  having  said  voters 
give  in  their  written  votes  on  the  question  whether  they 
will  accept  the  provisions  of  this  act,  and  if  the  major 
part  of  the  votes  given  upon  said  question  shall  be  in  the 
affirmative,  the  result  of  said  vote  shall  forthwith  be 
certified  by  the  proper  officer  of  said  district  to  the  select- 
men of  the  town  of  Adams  ;  and  the  said  selectmen  shall, 
within  two  months  thereafter,  warn  a  meeting  of  the 
voters  of  said  town  for  the  purpose  of  having  said  voters 
give  in  their  written  votes  upon  the  question  whether  they 
will  accept  this  act,  and  if  the  major  part  of  the  votes 
given  at  said  meeting,  upon  said  question,  shall  be  in  the 
affirmative,  then  this  act  shall  be  binding,  otherwise  it 
shall  be  null  and  void. 

Section  12.  The  fire  district  mentioned  in  this  act  is 
made  and  declared  to  be  a  body  corporate,  so  far  as  to 


1873.— Chapters  198,  199.  615 

take  and  hold  property  for  the  purposes  mentioned  in  this  and  defend  ac 
act,  and  to  prosecute  and  defend  in  all  actions  relating  to 
the  i^roperty  and  aifairs  of  said  district. 

Section  13.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  15, 1873. 

An  Act  to  authorize  the  fall  river,  warren  and  providence  fiT      -t  qq 

RAILROAD  COMPANY  TO  MORTGAGE  ITS  RAILROAD,  AND  FOR  OTHER  ^''"      -L'^^' 

PURPOSES. 

Be  it  enacted,  <£c.,  asfolloics: 

Section  1.     The  Fall  River,  Warren  and  Providence  May  issue  bonds 
Eailroad  Company,  for  the  purpose  of  paying  the  debt  ssoo^oooatseven 
created  by  the  construction  of  its  railroad  and  for  other  per  cent,  inter- 
purposes,  may  issue  bonds  or  other   obligations   for   an 
amount  not  exceeding  three  hundred  thousand  dollars,  and 
at  a  rate  of  interest  not  exceeding  seven  per  centum  per 
annum,  and  may  secure  said  bonds  or  other  obligations  by 
a   mortgage   upon   its   railroad   franchise   and   property ; 
provided,    however,   that   no   such   bonds    or   obligations  Proviso, 
issued,  or  mortgage  made,  by  said  company  under  this 
act  shall  be  valid  or  take  effect  until  all  the  bonds  or  other 
obligations  secured  by  the  mortgage  heretofore  made  by         ' 
said  company,  under  the  authority  conferred  by  chapter 
fifty-one  of  the  acts  of  the  year   eighteen  hundred   and 
sixty-five,  have  been  cancelled  and  surrendered  to  said 
corporation. 

Section  2.     The    Boston    and     Providence    Railroad  Boston  and 
Corporation  and  the  Old  Colony  Railroad  Company,  or  oidCo™ny?aii. 
either  of  them,    may  guarantee,    or   may  purchase    and  ameeSS 
hold   the   bonds    or   other   obligations    authorized   to    be  ^oi'i^tock. 
issued  under  this  act,  or  any  portion  thereof;  and  may 
likewise  purchase  and  hold,  or  have  held  for  their  benefit, 
any  shares   in  the  capital  stock  of  the  said  Fall  River, 
Warren  and  Providence   Railroad  Company,  and  of  the 
Providence,    Warren    and    Bristol    Railroad    Company : 
provided,  such  purchase  shall  be  duly  authorized  by  vote  Proviso. 
of  the  stockholders  of  the  corporation  or  corporations 
making  the  same. 

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

Approved  April  15, 1873. 
An  Act  to  authorize  the  commissioners  on  the  west  boston  /^7,      IQQ 

AND    CRAGIE    or    CANAL    BlUDGES    TO    RECONSTRUCT    AND    WIDEN 
CRAGIE   OR   CANAL    BRIDGE. 

Be  it  ejiacted,  &c.,  as  follows  : 

Section  1.     The  commissioners  on  the  West  Boston  Commissioners 
and  Cragie  or  Canal  Bridges  may  build  a  new  bridge  in  newbrTdg! 


may  construct 
eorre- 


616 


1873.— Chapter  200. 


the  present 
bridge, 


build  and  widen  the  placG  of,  or  repair,  reconstruct  and  widen,  to  a  width 
not  exceeding  sixty-four  feet,  the  present  Cragie  or  Canal 
Bridge ;  and  may  construct  fender-guards,  mal^e  changes 
in  the  draw  and  draw-piers,  and  do  such  other  acts  as 
they  may  deem  necessary,  expedient  or  convenient  in 
the  premises,  to  secure  a  bridge  and  draw  which  shall 
safely  and  conveniently  accommodate  public  travel  and 
navigation  ;  subject,  however,  to  tlie  provisions  of  chapter 
four  hundred  and  thirty-two  of  the  acts  of  the  year 
eigliteen  hundred  and  sixty-nine. 

Section  2.  To  secure  and  accomplish  the  objects  and 
purposes  of  the  preceding  section,  said  commissioners 
may  take  such  lands,  buildings,  wharves  and  structures, 
as  they  may  deem  necessary  ;  and  all  damages  to  private 
property  or  for  land  taken  under  this  act,  shall  be  ascer- 
tained as  provided  in  chapter  forty-three  of  the  General 
Statutes,  and,  together  with  all  other  expenses  incurred 
hereunder,  shall  be  paid  equally  by  the  cities  of  Boston 
and  Cambridge.  Approved  Ajiril  15, 1873. 


Subject  to  1869, 
432. 


May  take  build- 
ings, wharves, 
&c. 


Ch.  200. 


County  commis- 
sioners may  con- 
Btruct  highway 
and  bridge 
across  Connecti- 
cut River,  be- 
tween Spring- 
field and  Aga- 
wam. 


Estimation  of 
damages. 


Expenses  of 
building  and  re- 
pairing bridge. 


An  Act  to  establish  a  free  bridge  across  the  Connecticut 

river,  between  springfield  and  agawam. 
Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  The  county  commissioners  of  Hampden 
County,  if  in  their  opinion  the  public  convenience  and  neces- 
sity so  require,  may  lay  out  and  construct  a  highway  and 
bridge,  with  suitable  approaches  thereto,  across  the  Connec- 
ticut River,  at  or  near  the  ferry  between  the  city  of  Spring- 
field and  the  town  of  Agawam.  The  provisions  of  section 
twelve  of  chapter  seventeen  of  the  General  Statutes,  shall 
also  apply  to  said  commissioners,  and  before  adjudication 
on  the  necessity  of  constructing  such  bridge,  they  shall 
give  notice  of  a  hearing  to  all  parties  interested,  as  in  the 
case  of  laying  out  highways  under  the  provisions  of  the 
General  Statutes. 

Section  2.  The  said  commissioners  shall  estimate  and 
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  high- 
ways ;  and  any  person  aggrieved  by  the  award  of  said 
commissioners  shall  have  a  like  remedy,  by  application  for 
a  jury,  as  in  the  case  of  laying  out  highAvays  under  the 
provisions  of  the  General  Statutes. 

Section  3.  All  expenses  incurred  under  this  act, 
including   all  expense  of  maintaining  and   keeping   said 


1873.— Chapter  200.  617 

bridge  in  repair,  shall  be  paid  by  such  parties  and  in  such 
proportions  as  shall  be  determined  under  the  following 
provisions. 

Section  4.  When  such  bridge  and  highway  is  com-  ExpenBes  to  be 
pleted,  and  the  full  cost  thereof  ascertained,  including  am^o°ng d^k-e and 
therein  all  land  damages  awarded  or  assessed,  said  county  ^^usu^nlrs"^' 
commissioners  shall  tile  a  report  of  the  fact,  together  with  pointed  by  s. 
the  amount  of  such  cost,  in  the  office  of  the  clerk  of  the 
supreme  judicial  court  of  the  county  of  Hampden,  where- 
upon, and  upon  the  application  of  the  county  commis- 
sioners or  of  any  party  interested,  and  after  such  notice 
as  said  court  may  order,  said  court  or  a  justice  thereof  in 
any  county  shall  appoint  a  board  of  commissioners,  con- 
sisting of  three  disinterested  and  suitable  persons,  not 
residents  of  the  county  of  Hampden ;  and  said  commis- 
sioners having  been  duly  sworn  to  the  faithful  and 
impartial  discharge  of  their  duties,  shall,  after  due  notice 
to  all  the  parties  interested  and  a  hearing,  determine  and 
decree  what  cities  and  towns  in  the  county  of  Hampden 
are  or  will  be  specially  benefited  by  the  laying  out  and 
construction  of  said  bridge  and  highway,  and  shall  also 
determine  and  decree  what  jDroportions  of  the  cost  and 
expenses  aforesaid  shall  be  paid  by  said  cities  and  towns 
respectively.  Said  commissioners  shall  also  determine  in 
what  proportions  and  manner  the  said  cities  and  towns, 
benefited  as  aforesaid,  shall  defray  the  expenses  of  main- 
taining and  reparing  said  bridge  and  its  appurtenances, 
not  including  any  portion  of  the  highway,  which  lies 
easterly  of  the  abutment  of  the  bridge  in  Springfield,  or 
westerly  of  its  abutment  in  Agawam,  and  also  all  other 
expenses  properly  incurred  under  the  provisions  of  this 
act,  including  their  own  fees ;  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  when  the  same  is 
accepted  and  judgment  entered  thereon  by  the  court,  it 
shall  be  binding  upon  all  the  parties  interested  therein. 

Section  5.     Liability  for  defects  in  the  bridiie  and  its  Liabintjof 
abutments  shall  exist  on  the  part  of  the  city  of  Spring-  K^^ffor  de- 
field  and  the  town  of  Agawam,  in  such  proportions  as  by  feet* "» i>"dge. 
the   award    of    said    commissioners    they   severally   pay 
toward  the  cost  of   keeping  the    same  in  repair.     Such 
portions  of  the  highway  laid  out  and  constructed  under 
this  act,  as  lie  easterly  of  the  abutment  of  the  bridge  in 


618  1873.— Chapters  201,  202,  203. 

Springfield,  and  westerly  of  its  abutment  in  Agawam, 
shall  be  maintained  and  kept  in  repair  by  the  city  or  town 
in  which  they  are,  and  said  city  or  town  shall  be  liable  for 
defects  upon  the  same,  in  the  same  manner  as  upon  other 
highways  within  their  limits. 
County  commis-      Sectiox  6.     The  couutv  commissioners  of  said  county 

sioners  muy  bor-  />  t 

row$ioo,ouo.  may  borrow  on  the  credit  of  said  county,  a  sum  not 
exceeding  one  hundred  thousand  dollars,  for  the  purpose 
of  carrying  into  effect  the  provisions  of  this  act. 

Approved  April  15, 1873. 

Ch,      201.  ^'^  -^^^  RELATING  TO  THE  DEMOLITION  OF  BUILDINGS  DURING  FIRE. 

Be  it  enacted,  &c.,  as  follows  : 
Srtmemto'^^      Section  1.     The  engineer  of  a  fire  department  in,  com- 
have  sole  jtower  maud  at  a  fire,  shall,  to  the  exclusion  of  all  other  persons, 

conferred  upon  '  /«t  n  ^  /. 

firewards  under  havc  the  powcr  Conferred  upon  fire  wards,  by  the  fourth 
■  ■    '     ■      section    of    the    twenty-fourth    chapter   of    the  General 
Statutes. 
Subject  to  accep-      Sectiox  2.     This  act  sliall  be  in  force  only  in  those 

LiillCB  DV  CltlG3 

and  towns.  citics  in  which  it  is  accepted  by  the  city  council,  and  in 
those  towns  in  which  it  is  accepted  by  the  legal  voters. 

Approved  April  16,  1873. 

Ch.      202.  ^^   ^^'^  RELATING   TO   THE   FEES   OF   SEXTONS  AND   OTHERS. 

Be  it  enacted,  &c.,  as  follows  : 
Q^a?2i!TV°        Section  1.     Section   four    of    chapter   twenty-one    of 
the  General  Statutes  is  amended  by  striking  out  the  word 
"ten"   after   the   words   "fee    of,"   and  inserting  instead 
thereof  the  words  "twenty-five." 

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

Aj^proved  April  16,  1873. 

r^J,        OAQ     -^     -A-CT    RELATING     TO     FEES    AND    DEPOSITS    IN    THE    COURTS    OF 
^""      ^^^'  INSOLVENCr. 

Be  it  enacted,  <fcc.,  as  follows : 
ueSVaj^nent      Section  1.     All  moncys  deposited  with  registers  of  the 
of  fees  may  be     courts    of    iusolveiicy   to    sccurc   the   payment    of   fees, 

Dfllu.  to  BtutC  1.       »-'  7 

treasurer.  remaining    unclaimed  for  thirty  days  after  the  final  dis- 

position of  the  case  in  which  such  fees  have  accrued,  may 
be  paid  over  to  the  treasurer  and  receiver-general  of  the 
Commonwealth,  and  his  receipt  therefor  shall  be  a  full 
discharge  of  the  register  for  all  Liability  on  account  of 
such  deposits. 

Judges  may  Section  2.     The  ludo'es  of  the  courts    of  insolvency 

make  equitable  -  ^  -i      -\  •  f  i/.  ii 

deduction  from  may  make  any  rebate  or  deduction  irom  the  tees,  taxable 

taxable  fees.  ii-  j}   •  ^  A.^     i.    lA  l  'j. 

by  law  in  cases  of  insolvency,  that  they  may  deem  just, 


1873.— Chapters  204,  205,  206.  619 

equitable  or  expedient ;  and  may  determine  what  portion 
of  the  money  on  deposit,  as  aforesaid,  if  any,  shall  be 
appropriated  to  the  payment  of  fees  due  to  the  Common- 
wealth, and  may  order  a  return  of  the  money  not  so 
appropriated,  to  the  party  or  parties  entitled  thereto. 

Approved  April  16,  1873. 

An  Act  to  regulate  the  fees  of  sheriffs  for  presiding  over  (JJ^^    204. 

sheriffs'  juries. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     Sheriffs  presidino^  over  sheriffs'  juries  shall  §^®';''l\*!°'^* 

A  ,         o  t)  fixed  at  §10  a 

be  entitled  to  charge  therefor  ten  dollars  a  day  and  ten  day  and  travel. 
cents  a  mile  travel,  which  shall  be  certified  and  paid  in 
the  same  manner  as  the  fees  of  the  jurors. 

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

Ajyproved  April  16,  1873. 

An  Act  concerning  sewers  and  drains  in  the  city  of  boston,  nj,      9f)K 
Be  it  eiiacted,  <fcc.,  as  follows : 

Section  1.     The   board   of    aldermen   of  the    city  of  streams  and 

B,  /•         ii  !•  IT-  watfr-courscs 

oston  may  lor  the  purposes  or  sewerage  and  draniage,  may  be  diverted 

take    and    divert  the    water   of    any    streams    or    water-  po'sesf^''®^^'"^' 

courses  Avithin  the  limits  of  said  city,  and  devote  the  same 

to  the   purposes  aforesaid ;    and  may  take  all  necessary 

land  to  widen,  deepen  or  straighten  the  channel  of  such 

water-courses,  and  pave,  enclose  and  cover  the  same. 

Section  2.     In  taking  said  water-courses  or  lands  for  pi-oceedings  as 
the  purposes  aforesaid,  the  said  board  of  aldermen  shall  fo/ wghways*! 
proceed    in  the  manner  required  by  law  in  cases  where 
land  is  taken  for  highways  ;  and  persons  suffering  damage 
in  their  property  shall  have  the  same  rights  and  remedies 
for  the  ascertainment  and  recovery  of  such  damages,  as  are  Damages. 
provided  by  law  for  the  ascertainment  and   recovery  of 
damages  for  lands  taken  for  highways. 

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

Approved  Ap)ril  16,  1873. 

An  Act  to  protect  the  shores  and  beaches  in  scituate.       (^7,      206 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Any  person  who  shall  take  or  remove,  by  Material  com. 
land  or  water,  from  either  of  the  beaches,  headlands  or  I'^scUu-urnoT 
shores  bordering  upon  the  sea,  within  the  limits  of  the  *"  ^'^ '■«'^°^''^'^- 
town  of  Scituate,  any  material  composing  such  beaches, 
headlands  or  shores,  shall  for  each  offence  be  punished  by  Penalty. 
a  fine  not  less  than  twenty-five  dollars  nor  more  than  two 

19 


620  1873.— Chapters  207,  208,  209,  210. 

hundred  dollars,  or  by  imprisonment  in  jail  for  a  term  not 
exceeding  two  months. 

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

Approved  April  16,  1873. 

Ch.      207.   -^^  -^^^  AUTHORIZIXG  THE  COMMISSIONERS  ON  PUBLIC   LANDS  TO  SELL 
A   LOT   OF  LAND   TO   THE   CITY   OF   BOSTON   FOR   SCHOOL  PURPOSES. 

Be  it  enacted,  &c.,  as  follows  : 

may  sell  land  for      oECTiON  1.     ihc    commissiouers    on   public  lands  are 

tVthe°city°oT*    authorized   to    sell   and   convey  to   the    city   of  Boston, 

Boston.  a  lot  of  land  on  the  back  bay  in  said  city,  for  the  purpose 

of  erecting  a  school-house  thereon,  upon  such  terms  and 

conditions  as  the  governor  and  council  shall  approve. 

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

Approved  April  16,  1873. 
Ch.    208.  An   Act   to   authorize  the   caky   improvement    company    to 

CONSTRUCT  A   BRIDGE  ACROSS   CHELSEA  CREEK. 

Be  it  enacted,  &c.,  as  follows: 

chelfea^'creek,        Section  1.     Thc    Caiy   Improvement    Company   may 

andcheiscay^'^*'  coustruct  aud  maintain  a  bridge  across   Chelsea  Creek, 

from  Mill  Street,  in  the  town  of  Revere,  to  a  point  at  or 

near  Crescent  Avenue,  in  the  city  of  Chelsea ;  subject  to 

the  provisions  of  chapter  four  hundred  and  thirty-two  of 

the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

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

Approved  April  16,  1873. 

Ch.    209.  An  Act  to  amend  the   charter  of  the  odd  fellows'  hall 

ASSOCIATION   of  BOSTON. 

Be  it  enacted,  &c.,  asfolloivs: 

Srcapfu!"         Section  1.     The   Odd   Fellows'   Hall    Association    of 

Btock.  Boston  may  increase  its  capital  stock  to  an  amoimt  not 

exceeding  four  hundred  thousand  dollars,  and  may  hold 

Real  estate.       j.q,^[  estate  to  thc  valuc  of  thrcc  hundred  and  seventy-live 

thousand  dollars. 

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

Ajjproved  April  16,  1873. 

Ch.    210.  An  Act  relating  to  public  warehouses. 

Be  it  enacted,  &c.,  asfolloivs: 

wight'?,|Ln6t       Section  1.     Whenever    a    public   warehouseman,  ap- 

ho^u"  tman  for"    poiutcd  uudcr  the  provisions  of  chapter  two  hundred  and 

failure  in  duty,    gj^  of  the  acts  of  the  year  eighteen  hundred  and  sixty, 

fails  to  perform  his  duty,  or  violates  any  of  the  provisions 

of  that  act  or  any  acts  in  addition  thereto,   any  person 

injured  by  such  failure  or  violation  may  bring  an  action  in 


1873.— Chapter  211.  621 

the  name  of  the  Commonwealth,  but  to  his  own  use,  in 

any  court  of  competent  jurisdiction,  on  the  bond  of  such 

warehouseman;     but    in    such    action   the    writ   shall   be  indorser liable 

mdorsed   by  the  person   in   whose   behalf  the  action   is  costl"" 

brought,   or   by  some    other   person    satisfactory   to   the 

court ;  and  the  indorser  shall  be  liable  to  tlie  defendant 

for  any  costs  which  the  defendant   may  recover  in  the 

action  ;  and  the  Commonwealth  shall  not  be  liable  for  any 

costs. 

Sp:ction  2.     The  title  to  ffoods  and  chattels  stored  in  a  Title  to  pass 

,,.  1  111  ?  1  ij  •       by  indorsement 

public  warehouse  shall  pass  to  a  purchaser  or  pledgee,  in  of  purchaser 
good    faith,    by   the    indorsement   to    such   purchaser   or  j;P°3e^an^; re- 
pledgee,   (but    not   in    blank),    of    the    warehouseman's  '^^p'^- 
receipt  therefor,  signed  by  the  person  to  whom  the  receipt 
was  originally  given,  or  by  an  indorsee  of  the  receipt,  and 
recorded  in  the  books  of  the  warehouseman  with  whom 
such  goods  and  chattels  are  stored. 

Section  3.     Goods  and  chattels  stored  with  a  public  Goods  may  be 
warehouseman   may    be    attached    as    the   goods    of    the  iong*ing  to  pe?' 
person    named   in   the  warehouseman's    receipt  therefor,  cerpt^-hen'M*"' 
when  no  indorsement  of  such  receipt  has  been  recorded  j." carded '*"* '^ 
on  the  books  of  the  warehouseman  ;  and  where  any  such 
indorsement  has  been  recorded,  may  be  attached  as  the 
goods  of  the  last  indorsee  of  the  receipt,  shown  by  the 
books  of  the  warehouseman,  by  leaving  at  the  warehouse 
where  the  goods  are  stored,  a  copy  of  the  writ,  without 
the  declaration  but  with  a  copy  of  so  much  of  the  officer's 
return  thereon  as  relates  to  the  attachment  of  such  goods. 
And  an  attachment   so  made  shall  be  valid  against  any 
transfer   of    such  goods,  the    evidence    of  which   is    not 
recorded  in  the  books  of  the  warehouseman,  when  the 
copy  of  the  writ  is  so  left. 

Section  4.     Sections  two,  four  and  five,  of  chapter  two  Kepeai  of  iseo, 
hundred  and  six  of  the  acts  of  the  year  eighteen  hundred  ''^*''-^^  ^'  *'  ^" 
and  sixty  are  repealed. 

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

Ajyproved  April  19,  1873. 

An  Act  in  relation  to  the  smelt  fishery.  rij.     01 1 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Whoever  takes  or  catches  .any  smelts  with  gmeitsnottobp 
a  net  of  any  kind  or  in  any  other  manner  than  by  naturally  ty"hookTnd" 
or  artifically  baited  hooks  and  hand-lines,  shall  forfeit  for  •'"e. 
each  smelt  so  taken  or  caught,   the  sum  of  twenty-five 
cents  :  jprovided,  that  nothing  herein  contained  shall  apply  Proviso. 


622  1873.— Chapteks  212,  213,  214. 

to  any  person  catching  smelts  in  any  seine  or  net  in 
Tanuton  Great  Eiver,  or  to  any  person  lawfnlly  lishing 
for   herrings   or   alewives    in  Dukes  County,  or   to  ^ny 

V  person  lawfully  fishing  for  perch  or  alewives  in  Bass  River 

or  its  tributaries  in  the  towns  of  Yarmouth  and  Dennis,  or 
to  any  person  laAvfully  fishing  for  perch,  herring  or 
alewives  in  North  River  in  Scituate  or  in  either  branch  of 
Westport  River. 

Repeal.  Sectiox  2.     Scctiou  thirty-ouc  of  chapter  three  hun- 

dred eighty-four  of  the  acts  of  eighteen  hundred  sixty- 
nine  is  repealed.  Approved  April  19,  1873. 

Cll.      '2i\.2>.  ^^   ^'^'^   CONCERXING   THE   MODE   OF   ADMINISTERING   OATHS. 

Be  it  enacted,  &c.,  as  foUoius : 
mhiL'I^fld^n^^'      Section  1.     When  a  person  to  be  sworn  before  any 
the  form  cou-     court  or  magistrate  shall  declare  that  any  peculiar  mode  of 
solemn  by  the     sw  earing  is,  in  his  opinion,  more  solemn  and  obligatory 
sworn!  '^  ^      than  holding  up  the  hand,  the  oath  may  be  administered 

in  such  mode. 
Repeal  of  G.  8.       SECTION  2.     SectloD  nine  of  chapter  one  hundred  and 

thirty-one  of  the  General  Statutes  is  repealed. 

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

Approved  April  19,  1873. 

Ch.      213.   -^  ^^^   ^*^   INCREASE  THE   COMPENSATION  FOR  SUPPORT  OF  PAUPERS 

BEFORE   REMOVAL. 

Be  it  enacted,  &c.,  as  follows  :  ■ 

o'^s^fo^riV*'  Section  fourteen  of  chapter  seventy  of  the  General 
Statutes  is  amended  by  striking  out  the  words  "one 
dollar"    and   inserting   instead   thereof  the   words    "two 

'  dollars."  Approved  April  19,  187 S. 

Gil.      214.   ^^   ^^"^  ^^    AUTHORIZE    THE    TOWN   OF    LEXINGTON    TO   DRAIN   THE 
MEADOWS   NEAR   THE   CENTRAL   VILLAGE. 

Be  it  enacted,  &c.,  as  follows  : 
Lexington  may        Section  1.     The    towu    of  LcxingtoH   may  drain   the 

lower  cri<\iiiit'l  *— ^ 

of  Vine  Brook  mcaclows  Oil  the  southci'ly  side  of  the  central  village  by 
drakiage?*'^^  °  lowcriug  the  cliaunel  of  Vine  Brook,  commencing  at  some 
convenient  point  above  where  said  brook  is  crossed  by  the 
Lexington  and  Arlington  Railroad,  and  terminating  on  or 
below  the  land  of  Estabrook  and  Blodgett ;  and  the  said 
town  may  also  drain  the  meadows  on  the  northerly  side  of 
said  village  by  low^ering  the  ditch  or  channel  of  the  brook 
w^hich  runs  from  these  meadow^s,  commencing  at  some 
suitable  point  above  Charles  Tidd's  watering-place,  and 
terminating  at  or  below  the  causeway  leading  to  the  house 


1873.— Chapter  214.  623 


of  Geors^e  T7.  Robinson.     And,  for  the  purposes  afore-  Mny  make  exca. 

•  -,.,,  1  1  !.•  1  j_  1     vations  in  mea- 

said,  the  town  may  make  sucn  excavations  ana  cut  such  dows. 
cross  or  side  drains  or  ditches  in  said  meadows,  or  in  the 
low  and  swampy  lands  connected  therewith,  as  may  be 
deemed  necessary.  And  the  town  may  take  as  much  land 
as  may  be  found  necessary  to  establish  and  maintain  the 
drainage  as  herein  provided. 

Section  2.     The    selectmen,    by    whom    the    powers  ad!fp^Tg"euerai 
herein  granted  to  the  town,  are  to  be  exercised,  may  enter  ^ropolJat^be^ 
upon  said   meadows  and    other   lauds    adjacent,   for   the  *^one. 
purpose    of    making  surveys,    and    completing    the    said 
drainage.     But,  before  they  commence    any  excavation, 
they  shall  adopt  a  general  plan,   showing,  substantially, 
the  land  proposed  to  be  taken,  the  width  and  depth  of  the 
excavations,  and  the  cross  or  side  drains  deemed  neces- 
sary ;  and  shall  give  information  to  the  land  owners  and 
all  concerned,  by  posting  a  written  notice  in  not  less  than 
three  public  places  in  Lexington,  seven  days,   at  least, 
before  the  time  appointed  for  a  hearing,  stating  the  time 
when,   and  place  where  the  plan  will   be  m:ide    known, 
the    premises    viewed,   and  the  parties   heard;    and    the  ^^*f^,*|\*,jj||[^^ ^^ 
plan  adopted  by  the  selectmen,  with  such  alterations  and  a  hearing. 
modifications,  if  any,  as  they  shall  deem  expedient  after 
said  hearing,  shall  be  the   plan   to   be    carried    out  and 
completed. 

Section  3.     After  the  plan  of  drainage  shall  have  been  owner  ofia^d to 

,      i  ,        O         _  be  funiii-hed 

adopted,  and  the   location  of  the   side-drains  fixed,   the  ^'t^  pian,  and 
board  shall,  if  requested  by  the  owner  of  any  land  taken  ence  in  bids  for 
for  said  drainage,  furnish  him  with  a  plan  of  the  lands  so  ^'*®^'*''''- 
taken,  showing  the  quantity  of  said  land  and  the  width 
and  depth  of  the  excavation ;  and  in  letting  out,  or  con- 
tracting for,  said  drainage,  the  excavating  shall  first  be 
ofifered  to  the  owner  of  said  land,  and  preference  shall  be 
given  to  him  in  any  bid  for  the  work ;  provided  the  bid 
is  deemed  reasonable  and  the  party  responsible. 

Section  4.     In  constructing  the   drain  in  the  meadows  towti  may  cross 

-     ,  "  Middlesex  Cen- 

northerly  of  the  village,  the  town  may  cross  the  Middle-  traiR.  r.  by 
sex  Central  Railroad,  where  it  shall  become  necessary,  verts. 
by  a  suitable  culvert  or  culverts,  M'hich  shall  be  construct- 
ed in  a  manner  satisfactory  to  said  railroad  corporation. 

Section  5.     The  expense  of  lowerins:  or  alterinsr  the  Expense  of  alter- 

,  1   1  •      1   •     1  1  '"S  culverts  to 

culverts  across  the  public  highways,  shall  be  borne  by  the  be  borne  by 
town ;  and  the  other  expense  of  drainage  shall  be  assessed 


624: 


1873.— Chapter  214. 


Expense  of 
drainage  to  be 
assessed  upon 
persons  whose 
estates  are  ben- 
efited. 


The  meadows 
north  and  south 
of  the  village  to 
be  regarded  as 
distinct  and  sep- 
arate. 


Obstructions  to 
be  removed  by 
owner  of  laud. 


Subject  to  ac- 
ceptance by  the 
town. 


upon  the  individuals  whose  land  is  taken  or  is  benefited 
by  the  said  drainage,  in  the  manner  hereinafter  provided. 

Section  6.  The  selectmen  shall  keep  an  account  of 
the  expense  of  the  drainage  through  or  on  the  land  of 
each  individual,  and  shall  assess  the  whole  cost  of  the 
improvement,  except  that  of  crossing  the  highwa3^s,  npon 
the  persons  whose  lands  or  estates  are  benefited,  in  pro- 
portion to  the  betterment  arising  from  said  drainage  ;  and 
said  assessment  shall  constitute  a  lien  npon  said  land  or 
estate,  in  the  same  manner  as  taxes  are  a  lien,  and  may  be 
collected  in  the  same  manner  as  taxes  on  real  estate  are 
collected.  And,  if  any  person  whose  land  is  taken  or 
deemed  to  be  benefited  by  said  drainage,  shall  feel  himself 
aggrieved  by  the  decision  or  the  assessment  of  the  select- 
men, he  shall  have  the  same  remedy  as  is  provided  in  the 
case  of  the  laying  out  of  highways. 

Section  7.  The  meadows  north  and  the  meadows 
south  of  the  village  shall,  so  for  as  the  assessment  of 
damages  is  concerned,  be  regarded  as  distinct  and  separate 
from  each  other;  and  any  sum  paid  by  the  Middlesex 
Central  Railroad  towards  the  construction  of  culverts 
under  said  railroad,  shall  be  deducted  from  the  sum  which 
would,  otherwise,  be  assessed  upon  those  affected  by  the 
drainage  in  the  north  meadows. 

Section  8,  If,  after  the  completion  of  said  drainage, 
the  channel,  drain  or  ditch  in  any  part  of  the  land  drained, 
shall  become,  from  any  cause,  obstructed,  so  as  to  impede 
the  necessary  flow  of  water,  and  the  owner  or  occupant  of 
the  land  in  which  said  obstruction  exists,  refuses  or  un- 
reasonably neglects  to  remove  the  Same  after  being 
requested  so  to  do  by  the  selectmen  of  Lexington,  the 
said  selectmen  may  enter  upon  the  premises,  and  clear 
out  the  channel,  drain  or  ditch,  and  remove  any  obstruc- 
tion to  an  easy  flow  of  the  water :  provided,  however,  that 
the  owners  or  occupants  of  the  meadows  or  land  bordering 
on  said  channels,  drains  or  ditches  may,  in  the  dry  season 
of  the  year,  with  the  consent  of  the  selectmen,  place  any 
flash-boards  in  the  channels,  drains  or  ditches,  so  as  to 
raise  the  water  in  order  to  promote  vegetable  culture  on 
the  shores  of  said  w^ater-courses. 

Section  9.  This  act  shall  take  effect  when  accepted 
by  the  citizens  of  Lexington,  at  a  legal  meeting  called  for 
that  purpose.  Am^rov^d  April  19,  1873. 


1873.— Chapters  215,  216.  625 

Ax  Act  to  a^iexd  an  act  in  relation  to  the  holyoke  and  rij^      91  w 

NOKTHAMPTON  BOOM  AND  LUMBER  COMPANY.  *  "" 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  Section  two  of  chapter  three  hundred  and  mi^i^T'^^ 
sixty-two  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred and  seventy-one  is  so  amended  that  the  capital  stock 
of  the  Holyoke  and  Northampton  Boom  and  Lumber 
Company,  shall  not  be  less  than  fifty  thousand  dollars. 
Said  section  is  also  amended  by  striking  out  the  words, 
"  it  may  also  construct  and  maintain  a  boom  from  the 
shore  at  Holyoke,  to  an  island  in  the  Connecticut  Kiver, 
a  short  distance  above  the  Holyoke  dam." 

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

Approved  April  19,  1873. 

An  Act  to  incorporate  the  lynn  city  street  railway  company,  rij      01  a 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     M.   V.   B.   jNIower,  Isaac  New^hall,  John  corporators. 
Mudge,  their  associates  and  successors,  are  made  a  cor- 
poration under  the  name  of  the  Lynn  City  Street  Railway  Name  and  pur- 
Company,  with  authority  to  construct,  maintain  and  use  a  ^°**"' 
street  railway  for  the  transportation  of  passengers,  with 
single  or  double  tracks,  in  the  city  of  Lynn;  commencing  Route  of  road. 
at  or  near  the  intersection  of  Chestnut  and  Essex  Streets, 
and   thence   running   in   an    easterly   direction   on  Essex 
Street  to  the  dividing  line  between  Lynn  and  Swampscott ; 
or  commencing  at  or  near  the  intersection  of  Chestnut  and 
Mason   Streets,  and  thence    running  in  a  north-easterly 
direction  on  Mason  Street  to  Essex  Street,  thence  in  an 
easterly  direction  on  Essex  Street  to  the    dividing  line 
between  Lynn  and  Swampscott ;  and  commencing  again  at 
or  near  the  intersection   of  Chatham  and  Essex  Streets, 
and  thence  running  northerly  on  Chatham  Street  to  Maple 
Street,  thence  sotith-westerly  on  Maple  Street  to  Chestnut 
Street,  the    distance   being   about  two  miles;    with   the  Power  and  du- 
powers  and  privileges,  and  subject  to  the  duties,  restric-  ^'*^*' 
tions  and  liabilities    set  forth  in  the  general  laws  which 
now  are  or  hereafter  may  be  in  force,  relating  to  street 
railways. 

Section  2.     Said  corporation  may  connect  with,  enter  May  connect 
upon  and  use  the  tracks  of  the  Lynn  and  Boston  Railr(jad  Boiton^Horse*^ 
Company  as   follows:  commencing  at  or  near  the  inter- ^•^' 
section  of  Chestnut  Street  and  Essex  Street  or  Mason 
Street,  thence  running  in  a  southerly  direction  over  their 
tracks  on  Chestnut  Street  to  Union  Street,  thence  south- 


626 


1873.— Chapter  217. 


westerly  on  Union  Street  to  Central  Sqnare,  thence 
through  Central  Sqnare  to  Central  Avenne,  thence  on 
Central  Avenue  to  the  junction  of  Central  Avenue  and 
Willow  Street. 

May  lease  road.  SECTION  3.  Saicl  Corporation  may  lease  its  railroad, 
franchise  and  other  property,  upon  such  terms  and  con- 
ditions as  may  be  agreed  upon  by  the  directors,  and 
approved  by  the  stockholders  at  a  meeting  called  for  the 
purpose. 

Capital  etock.  Sectiox  4.  The  capital  stock  shall  not  exceed  twenty- 
five  thousand  dollars. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 
•  Approved  April  19,  1873. 


Ch.   217 


Purchasers  of 
franchise  may 
organize  a  cor- 
poration. 


Powers  and  du- 
ties. 


Meeting  of  bond- 
holders to  be 
held  within 
thirty  da3'B  after 
sale. 


Bondholders  to 
receive  payment 
in  shares,  or 
ratable  propor- 
tion of  proceeds 
of  sale. 


An  Act  to  authorize  the  purchasers  of  the  fraxchise  of  the 

WARE    river   railroad    COMPANY,  TO    ORGANIZE   A   CORPORATION 
AND  COMPLETE  THE  ROAD. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  Whenever  the  grantees  under  the  mort- 
gage of  the  Ware  Eiver  Railroad  Company,  shall  by 
virtue  of  the  power  therein  contained,  sell  the  property 
and  franchise  of  the  mortgagor,  for  the  purpose  of  fore- 
closure, the  purchaser  or  purchasers  shall,  on  the  com- 
pletion of  the  conveyance  to  them,  be  with  their  associates 
and  successors,  a  corporation,  under  the  name  of  the 
Ware  River  Railroad  Company,  with  all  the  rights,  powers, 
privileges  and  franchises  of  the  mortgagor,  and  free  from 
any  liability  or  debts  incurred  by  the  mortgagor,  and  the 
said  corporation  shall  be  subject  to  all  the  general  laws 
relating  to  railroad  corporations  not  inconsistent  with  the 
provisions  of  this  act. 

Section  2.  Whithin  thirty  days  after  the  sale  as  afore- 
said, a  meeting  of  the  bondholders  of  said  '\^^are  River 
Railroad  Compan}^  shall  be  held  at  some  convenient  place 
on  the  line  of  said  railroad,  after  notice  signed  by  one  or 
more  of  the  purchasers  at  said  sale,  and  by  the  trustees 
under  the  mortgage,  and  published  for  a  period  of  fourteen 
days  prior  to  the  day  of  said  meeting,  in  at  least  one 
newspaper  printed  in  each  county  in  which  said  railroad 
has  a  location,  which  notice  shall  sot  forth  that  said  meet- 
ing is  for  the  purpose  of  organizing  the  corporation  under 
the  provisions  of  this  act. 

Section  3.  Each  bondholder  who  at  the  meeting  pro- 
vided for  in  the  preceding  section  shall  signify  in  writing 
his  election  so  to  do,  shall  be  entitled  to  receive  in  pay- 


1873.— Chapter  218.  627 

ment  of  his  bonds,  stock  at  par  in  the  corporation  formed 
under  the  provisions  of  this  act,  to  the  amount  of  the 
bonds  held  by  him  in  the  former  company ;  otherwise  he 
shall  receive  his  ratable  proportion  of  the  proceeds  of  the 
sale,  according  to  the  provisions  of  said  mortgage ;  and 
the  stockholders  both  by  subscription  and  surrender  of 
bonds,  shall  at  said  meeting  organize  the  corporation  by 
the  choice  of  a  clerk  and  a  board  of  directors,  in  accorcl- 
ance  with  law,  and  may  transact  any  other  business  that 
ma}'  be  required  to  complete  the  organization  of  the  cor- 
poration, or  to  carry  into  effect  the  purposes  and  provis- 
ions of  this  act. 

Section  4.     The  corporation   formed   as    aforesaid,  is  Road  may  be 
authorized  to  mortgage   its    road,   together   with   all   its  '^'•'■^saged. 
property,  rights  and  franchise,  to  secure  any  bonds  that 
may   at  any   time    be    issued   by   it  iu   accordance   with 
the  laws  of  this  Commonwealth. 

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

A])]) roved  April  21,  1873. 

An  Act  to  authorize  the  milford  axd  "woonsocket  railroad  QJ.      218 

COMPANY    to    extend    ITS    ROAD    AND    UNITE    AVITH    THE    RUODE 
ISLAND  AND  MASSACHUSETTS  RAILROAD  COMPANY. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.      The   Milford   and   Woonsocket   Eailroad  May  extend 

•  ^         •        -I  -I     •  ~i      1  iT->i       road  to  connect 

Company  is  authorized  to  extend  its  road  through  Irank-  with  railroads  in 
lin  and  AVrentham  to  some  convenient  point  on  the  north 
line  of  Rhode  Island,  in  Wrentham,  there  to  connect  with 
a  railroad  to  be  built  in  Rhode  Island  from  said  point  to 
another  point  on  the  west  line  of  Attleborough ;  also, 
thence  to  extend  its  road  through  Attleborough  to  another 
point  on  the  west  line  of  Attleborough,  there  to  connect 
with  a  railroad  to  be  built  in  Rhode  Island  from  said  point 
to  another  point  on  the  west  line  of  Attleborough  ;  also, 
thence  to  extend  its  road  throuo^h  Attleboroug-h  to  the 
south  line  of  Attleborough,  there  to  connect  w^ith  a  rail- 
road to  be  built  in  Rhode  Island. 

Section  2.     For  the  purposes  aforesaid,  said  corpora-  May  increase 
tion  may  increase  ijts  capital  stock  by  the  issue  of  one  '"*^"^'  ®*°'^'^" 
thousand  shares  in  addition  to  the  stock  now  authorized 
by  law. 

Section  3.     The    Milford   and   Woonsocket   Railroad  ^hode°iIkin?^ 
Company  is  authorized  to  unite  with  the  Rhode  Island  and  and  Mass.  Rail- 
Massachusetts  Railroad  Company,  which  has  been  incor- 
porated by  the  legislature  of  Rhode  Island  to  build  a  rail- 

20 


628 


1873.— Chapter  218. 


Powers  and 
duties. 


One  director  to 
be  an  inhabitant 
of  tlais  State. 


To  keep  separ- 
ate accounts  of 
expenditures  in 
Rhode  Island 
and  Mass. 

Commissioners. 


Duties  and  lia- 
bilities. 


Provisions  in  "■ 
four  preceding 


road  from  the  southerly  line  of  Wrentham  to  tide-water  in 
East  Providence  ;  and  when  the  two  companies  shall  have 
so  united,  the  stockholders  of  one  company  shall  become 
stockholders  in  the  other  company,  and  the  two  companies 
shall  constitute  one  corporation  by  the  name  of  the  Rhode 
Island  and  Massachusetts  Railroad  Company,  and  all  the 
franchises,  property,  powers  and  privileges  granted  or 
acquired  under  the  authority  of  this  state  or  the  state  of 
Rhode  Island,  respectively,  shall  be  held  and  enjoyed  by 
all  the  said  stockholders  in  proportion  to  the  number  of 
shares  or  amount  of  property  held  by  them  respectively  in 
either  or  both  of  said  companies. 

Section  4.  One  at  least  of  the  directors  or  other 
officers  of  said  Rhode  Island  and  Massachusetts  Railroad 
Company,  shall  at  all  times  be  an  inhabitant  of  this  state, 
upon  whom  processes  against  said  corporation  may  be 
legally  served,  and  said  corporation  shall  be  held  to 
answer  in  the  jurisdiction  where  the  service  is  made,  and 
the  process  is  returnable. 

Section  5.  Said  corporation  shall  keep  separate 
accounts  of  its  expenditures  in  the  states  of  Rhode  Island 
and  Massachusetts,  and  a  commissioner  shall  be  appointed 
by  the  governor  of  this  state  to  hold  office  for  the 
term  of  four  years,  and  to  receive  a  reasonable  compensa- 
tion from  said  corporation,  who  together  with  such  com- 
missioner if  any,  as  may  be  appointed  by  the  governor  of 
the  state  of  Rhode  Island,  shall  decide  what  portion  of  all 
the  expenditures  of  said  corporation,  and  of  its  receipts  and 
profits  properly  pertain  to  that  part  of  the  road  lying  in 
each  state,  respectively ;  and  the  annual  report  required 
to  be  made  to  the  railroad  commissioners  of  this  state 
shall  be  approved  by  said  commissioners  or  commissioner 
appointed  as  aforesaid. 

Section  6.  The  said  corporation  and  the  stockholders 
therein,  so  far  as  their  road  shall  -be  situated  in  this  state, 
shall  be  subject  to  all  duties  and  liabilities  created  by  the 
provisions  of  the  original  act  of  incorporation  of  the  Mil- 
ford  and  Woonsocket  Railroad  Company,  and  the  several 
acts  in  amendment  thereof,  and  to  the  general  laws  of  this 
slate,  to  the  same  extent  as  the  Milford  and  Woonsocket 
Railroad  Company  and  the  stockholders  therein  would 
have  been,  had  the  whole  line  of  said  railroad  been  located 
within  the  limits  of  this  state. 

Section  7.     The  provisions  contained  in  the  four  pre- 


1873.— Chaptees  219,  220.  629 

cecHns:  sections  shall  not  take  effect  until  said  provisions  sections  subject 

1111  1  11  1  iiiiii?  .-ito  acceptance  oy 

shall    have   been    accepted   by  the    stocknolders    oi    said  gtockhowers  in 
Milford   and   Woonsocket   Railroad    Company,    and   the  ^"'^'^°'*'^'- 
same  or  like  provisions  shall  have  been  accepted  by  the 
stockholders  of  the  company  organized   in   the   state    of 
Ehode  Island,  at  legal  meetmgs  called  for  the  purpose. 
Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1873. 

An  Act  concerning  the  rebuilding  of  the  haverhill  bridge,  ^r      oi  Q 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  county  commissioners  of  the  county  county  commis. 
of  Essex,  may  allow  to  the  city  of  Haverhill  and  town  of  w  $2o!ooo'to- 
Bradford,  from  the  treasury  of  the  county  of  Essex,  such  ^/r^bundin^^ 
portion  of  the  cost  of  rebuilding  the  Haverhill  Bridge  over  ^"^ge. 
the  Merrimac  River,  between  said  city  and  town,  as  they 
shall  deem  just  and  equitable,  not  exceeding  twenty  thou- 
sand   dollars ;  and   the    said    commissioners  may  borrow 
money  necessary  for  that  purpose  :  provided,  said  bridge  Proviso. 
shall  be  rebuilt  and  open  for  travel,  and  to  the  acceptance 
of  said  commissioners,  within  one  year  from  the  passage 
of  this  act. 

Section  2.     The   said   commissioners   may  close    said  Ma^  close  bridge 
bridge  to  public  travel  for  such  time  as  they  deem  reasona-  struction  and  es- 
ble  for  its  reconstruction,  and  establish  a  pontoon  or  other  ary  bridgT.^"*^" 
temporary  bridge,  with  the  necessary  approaches  thereto, 
as   a  highway,  and   may   discontinue    the    same ;    and  in 
executing  the  authority  herein  conferred  upon  them,  they 
shall  proceed  in  the  manner  now  provided  by  law  for  the 
laying  out  and  discontinuance  of  highways  and  closing  the 
same  for  repairs. 

Section  3 .  Said  city  and  town  shall  be  liable  for  Liability  for  de- 
defects  in  such  temporary  bridge  in  the  same  proportions  Iry  blidgT^"'^ 
as  they  are  now  lial)le  for  defects  in  said  Haverhill  Bridge, 
and  damages  shall  be  recovered  in  actions  of  tort  brought 
against  said  corporations  jointly,  in  which  actions  judg- 
ment shall  be  rendered  against  each  corporation  for  its 
proportion  only  of  the  amount  recovered. 

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

Approved  April  22, 1873. 

An  Act  to  extend  the  charter  of  the  lynn  mutual  fire  insur-  rij,      ooa 

ANCE  company.  ^  ^^\J> 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1 .     The  charter  of  the  Lynn  Mutual  Fire  In-  charter 
surauce  Company  is  amended  by  striking  out  the  words  '*°^®°'^^"*' 


630  ,  1873.— CiiAPTEES  221,  222,  223. 

limiting  its  diiratiou ;  and  said  corporation  shall  continue 
in  existence  with  the  powers  and  privileges,  and  subject  to 
the  restrictions,  duties  and  liabilities,  set  forth  in  the  gen- 
eral laws,  which  now  are  or  hereafter  maybe  in  force,  and 
applicable  to  such  corporations. 

Section  2.     This  act  shall  take  effect  upon  its  passage. 
Approved  April  22,  1873. 

Ch.      2i21.       "'^^  ^^"^  ^O   mCORPOKATE   THE   ESSEX  MECHAi^lCS'   ASSOCIATION. 

Be  it  enacted,  &c.,  as  follows : 

Corporators.  Sectiox  1.     Johu   C.    Hoadloy,    George    D.    Cabot, 

Pardon   H.   Armington,  their  associates  and  successors, 

Name  and  pur.   are    luadc    a    corporation    by  the    name    of  the   Essex 

^°^^'  Mechanics'   Association,    to    be    located   in   the    city    of 

Lawrence,  for  the  purpose  of  assisting  mechanics  and 
their  families,  of  promoting  inventions  and  improve- 
ments, and  of  establishing  a  library  and  reading-room. 

s^naiesut'e!'^'  SECTION  2.  Said  Corporation  may  receive,  purchase, 
hold  and  convey  real  and  personal  property  to  an  amount 
not  exceeding  fifty  thousand  dollars  in  value,  and  the 
income  of  said  corporation,  from  whatever  source  derived, 
fchall  be  used  for  the  purposes  mentioned  in  section  one. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  Ajiril  22,  1873. 

Ch        '2i2i2i  ^■^   ^^^  CONCEKNIXG   THE   FEES   OF   DEPUTY   SHERIFFS. 

Be  it  enacted,  &c.,  asfolloivs : 
Sceat'courTs?"  Section  1.  Dcputy-sheriffs  shall  bc  paid  for  attendance 
upon  the  supreme  judicial  court  or  the  superior  court, 
four  dollars  and  fifty  cents  a  day  ;  and  for  travel  out  and 
home  once  a  week  during  such  attendance,  five  cents  a 
mile,  to  be  paid  out  of  the  county  treasury. 

Section  2.     This  act  shall  take  effect  ui^on  its  passage. 

Approved  April  22,  1873. 

ril.        22H     -^  -^^^   ^^   CONFIRM   THE    PROCEEDINGS    OP    THE    TOWN    OF    BARN- 
STABLE  IN   ABOLISHING   THE   SCHOOL  DISTRICT   SYSTEM. 

Be  it  e7iacted,  &c.,  as  follows : 
Proceedings  Section  1.     The  votcs   of  the  town  of  Barnstable  at 

ratihed  and  con-   ,  ...  .     , 

firmed.  its  aunual  meetmgs  in  the  years  eighteen  hundred  and 

seventy-two  and  eighteen  hundred  and  seventy-three,  to 
abolish  the  school  district  system  therein,  and  to  take  the 
school-houses  and  school  district  property  and  to  establish 
schools  and  high  schools  therein,  with  the  subsequent  acts 
and  proceedings  in  pursuance  of  the  same,  and  the  titles 
acquired  thereunder,  are  hereby  ratified  and  confirmed. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  22,  1873. 


ISTS.-'Chaptees  224,  225.  631 

An  Act  to  expedite  the  settlement  of  estates  of  deceased  qj^^    224. 

PERSONS. 

Be  it  enacted,  <&c.,  as  folloivs : 

Section  1.     Any  probate  court  maAS  upon  application  court  may 

-.  •    J  i      1    •  J.    i       •  i'         iii        authorize  tem- 

01  a  person  niterested  ni  an  estate  m  process  ot    settle-  porary  inveet- 
ment  in  such  court,  direct  the  temporary  investment  of  {^"'jofjgf^gtoYn 
the  money  belonging  to  such   estate  in   securities  to  be  unsettled  estate. 
approved  by  the  judge;  or  may  authorize  the  same  to  be 
deposited  in  any   bank  or  institution  in  this   state,   em- 
powered id  receive  such  deposits,  upon  such  interest  as 
said  bank  or  institution  may  agiee  to  pay. 

Section  2.     When  it  shall  be  made  to  appear  to  any  thiui^suf^Xon 
probate  court,  that  a  partial  distribution  of  the  personal  of  personal 
property  of  any  estate  in  process  of  settlement  therein,  est'ate  J  settled. 
can  be  made  to  those  entitled  thereto,  without  detriment 
to  such  estate,   said  court  may,  after  such  notice  to  all 
parties  interested  therein  as  it   may  direct,   order   such 
partial  distribution  to  be  made. 

Section  3.     Probate  courts  in  the  several  counties  may.  Probate  court 
concurrently  with  the  supreme   judicial    court,  hear  and  withs'.j.'c.may 
determine   all   matters    arising  under  wills,  in  the  same  tos'^^uTiderwms, 
manner  as  is  noAV  provided   by  law  in  relation  to  trusts  ^'=- 
created  by  will.  Approved  April  22, 1873. 

An  Act  to  authorize  cities  and  towns  to  charge  interest  y^x      99^ 

ON   CEliTAIN   taxes.  ^'**      ■^'"*^' 

Be  it  enacted,  &g.,  as  follows: 

Section  1.     Whenever  a  city  or  town  has  fixed  a  time  cities  and  towns 
within  which  taxes  assessed  therein  shall  be   paid,   such  "e^Jst  on  unpaid 
city  by  its  city  council,  and  such  town,   at  the  meeting  '^''''*^*' 
when  money  is  appropriated  or  raised,  may  vote  that  on 
all  taxes  remaining  unpaid  after  a  certain  time,  interest 
shall  be  paid  at  a  specified  rate,  not  exceeding  one  per 
centum  per  mouth ;  and  may  also  vote  that  on  all  taxes 
remaining  unpaid  after  another  certain  time,  interest  shall 
be  paid  at  another  specified  rate,  not  exceeding  one  per 
centum  per  month ;  and  the  interest  accruing  under  such 
vote  or  votes  shall  be  added  to,  and  be  a  part  of,  such 
taxes. 

Section  2.     Chapter  one  hundred  and  forty-six  of  the  Repeal  of  i862, 
acts    of    the   year    eighteen    hundred    and    sixty-two    is  ^'*^' 
repealed. 

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

Approved  April  22,  1873. 


632 


1873.— Chapters  226,  227,  228. 


State  directors 
to  make  annual 
report  to  the 
legislature. 


Ch.      226.   ^N    -^CT    CONCERNING     STATE    DIRECTORS     OF    RAILROAD     CORPORA- 
TIONS. 

Be  it  enacted,  tfcc,  as  follows  : 

Section  1.  State  directors  of  railroad  corporations 
shall,  on  or  before  the  second  Wednesday  of  January  in 
each  year,  make  to  the  legislature  a  report  of  their  doings, 
together  with  such  suggestions  as  to  them  shall  seem  lit, 
with  respect  to  the  measures  necessary  to  secure  to  the 
public  the  greatest  convenience  and  economy  in  the 
matter  of  freight  and  travel. 

Section  2.  No  member  of  the  legislature  shall, 
during  the  term  for  which  he  is  elected,  be  eligible  to  the 
office  of  state  director  in  any  railroad  corporation. 

Section  3.  Hereafter  no  person  shall  be  eligible  to 
the  office  of  state  director  in  any  railroad  corporation  who 
is  in  the  employ  of  said  corporation  or  who  owns  stock 
therein.  Ajjproved  April  22, 1873. 


Member  of  legis 
lature  not  eligi- 
ble as  Stale  di- 
rector. 

Stockholder  or 
employee  not 
eligible. 


Ch.   227. 


Person  acquit- 
ted of  murder, 
&c.,  by  reason  of 
insanity  to  be 
committed  to 
State  lunatic 
hospital  for  life. 

May  bo  dis- 
charged from 
hospital  by  gov- 
ernor and  coun. 
cil. 


An  Act  to  provide  for  the  confinement  of  persons  acquitted 

of  the  charge  of  murder  or  manslaughter  by  reason  of 
insanity. 
Be  it  enacted,  &c.,  as  folloivs: 

Section  1.  "When  a  person  indicted  for  murder  or 
manslaughter  is  acquitted  by  the  jury  by  reason  of  insan- 
ity, the  court  shall  order  such  person  to  be  committed  to 
one  of  the  state  lunatic  hospitals  during  his  natural  life. 

Section  2.  Any  person  committed  to  a  state  lunatic 
hospital  under  the  provisions  of  this  act,  may  be  dis- 
charged therefrom  by  the  governor,  by  and  with  the 
advice  and  consent  of  the  council,  whenever  he  shall  be 
satisfied,  after  a  hearing  of  the  matter,  that  such  i^erson 
may  be  discharged  without  danger  to  others. 

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

Approved  April  22,  1873. 

Oh        22S       ^^  ^^^  CONCERNING  PILOTAGE  IN  THE  HARBOR  OF  GLOUCESTER. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  rates  of  pilotage  for  vessels  liabre  to 
pay  pilotage  bound  into  the  harbor  of  Gloucester,  shall  be 
for  vessels  drawing  seven  feet  and  less  than  twelve  feet, 
one  dollar  and  fifty  cents  per  foot ;  for  those  drawing 
twelve  feet  and  upwards,  the  same  as  for  the  j^orts  of 
Salem  and  Beverly. 

Section  2.  All  acts  or  parts  of  acts  inconsistent  with 
the  provisions  of  this  act  are  repealed. 

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

Approved  April  23, 1873. 


Rates  for  pilot 
age  into  Glou- 
cester harbor. 


Repeal. 


1873.— Chaptees  229,  230,  231.  633 

An  Act  authorizing  the  clerk  of  the  courts  in  the  county  rij^^    229 

OF  BERKSHIRE  TO  DRAW  PAY  FOR  CLERK-HlRE  FROM  THE  COUNTY 
TREASURY. 

Be  it  enacted,  c&c,  as  follows : 

Section  1.     The  clerk  of  the  courts  in  the  county  of  ^^^^'t^Lm 
Berkshire  shall  receive  from  the  treasury  of  said  county  for  cierk  hire. 
the  sum  of  five  hundred  dollars  per  annum  for  clerk-hire, 
payal)le  quarterly,  from  the  first  day  of  January,  eighteen 
hundred  and  seventy-three  :  provided,  however,  that  the  Proviso. 
bills  for  such  clerk-hire  shall   be  approved  by  the  county 
commissioners  of  said  county. 

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

Approved  April  23,  1873. 

An  Act  in  relation  to  the  mill-dams  on  mill  river,  in  the  ri-L      ooq 

CITY   OF   TAUNTON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  owners  of  dams  on  Mill  River,  in  the  owners  released 
city  of  Taunton,  are  released  from  the  existing  liability  to  construct 'fish.**' 
construct  fishways  over  or  around  said  dams  for  the  term  ^rMii'i  Rh'e?,'i^ 
of  twenty  years ;  provided,  they  either  shall  pay  to  the  Taunton. 
town  of  Norton  one  thousand  dollars  within  sixty  days 
from  the  passage  of   this   act ;    or  if  requested  by  said 
town,  shall  stock  the  ponds  which  are  the  headwaters  of 
said  river  in  the  town  of  Norton,  with  black  bass  and  land- 
locked salmon,  to  the  salisfacti(m  of  the  commissioners  on 
inland  fisheries,  and  within  such  time    as    said    commis- 
sioners shall  order.  Ajijiroved  April  2i,  1873. 

An  Act  to  establish  harbor  lines  on  mystic  river  between  ^j      qo-i 
the  bridge   of  the   eastern   railroad   company   and   the  ^'^'    ^^^' 

bridge   of   the   BOSTON  AND   MAINE  RAILROAD. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  No  wharf,  pier  or  other  structure  shall  be  wharves  not  to 
extended  into  or  over  tide-^vater  in  Mystic  River,  between  Myluc'River"**' 
the  bridge  of  the    Eastern   Railroad   Company  and   the  beVond  harbor- 

*^  X         •/  lines  Dftwcen 

bridge    of    the   Boston    and   Maine    Railroad,    from    the  bridges  of  East. 
northerly  bank  of  said  river,  beyond  the  line  hereinafter  railroads." 
defined  on  the  northerly  side  of  said  river,  or  from  the 
southerly  bank  of  said  river  beyond  the  line  hereinafter 
defined  on  the  southerly  side  of  said  river. 

The  line  on  the  northerly  side  of  Mystic  River  begins  NortheriyUne. 
at  the  south-westerly  corner  of  the  solid  abutment  of  the 
bridge  of  the  Eastern  Railroad  Company  on  the  northerly 
side  of  the  channel  and  runs  north-westerly  in  a  line 
which,  if  continued,  shall  strike  a  point  in  the  easterly 
side  of  the  embankment  of  the  bridge  of  the  Boston  and 


634  1873.— Chapter  232. 

Maine  Railroad,  six  hundred  feet  northerly  from  the 
south-east  corner  of  the  solid  abutment  of  the  last-named 
bridge  on  the  northerly  side  of  the  channel,  to  a  point 
three  hundred  and  fifty  feet  easterly  from  said  last-named 
corner  of  abutment. 
Southerly  line.  The  Huc  ou  the  southerly  side  of  Mystic  River  begins 
at  a  point  on  the  easterly  side  of  the  bridge  of  the 
Eastern  Railroad  Company,  distant  three  hundred  and 
seventy-five  feet  north-easterly  from  the  north-easterly 
corner  of  the  solid  abutment  of  said  last-named  bridge  on 
the  southerly  side  of  the  channel,  and  runs  north-westerly 
to  a  point  on  the  easterly  side  of  the  bridge  of  the  Boston 
and  Maine  Railroad,  distant  six  hundred  and  twenty-five 
feet  northerly  from  the  north-easterly  corner  of  the  solid 
abutment  of  said  last-named  bridge  on  the  southerly  side 
of  the  channel. 

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

Approved  April  24,  1873. 

ril      OQO    ^   Act    to    change   certain   harbor  '  lines   in   fort    point 

^'^'      ^'^^-  CHANNEL. 

Be  it  enacted,  tfcc,  asfoUotvs  : 
Harbor-iines  Section  1.     The    sccoud    scction    of   the    thirty-fifth 

changed  m  Fort  ,  .  " , 

Point  Channel,  chapter  of  tlic  acts  of  the  year  eighteen  hundred  and  torty, 
is  amended  by  striking  out  all  after  the  words  "north-west 
corner  of  said  Thacher's  small  wharf"  near  the  end  of  said 
section,  and  substituting  the  following,  viz.  :  Thence 
easterly  in  a  straight  line  parallel  to  the  line  of  solid 
filling  of  the  northerly  side  of  the  wharf  of  the  Boston 
Iron  Company  on  the  easterly  side  of  Federal  Street 
britlge,  a  distance  of  five  hundred  and  twentj'  feet ;  thence 
north-easterly  on  an  arc  of  a  circle  of  three  hundred  feet 
radius  to  a  point  three  hundred  and  eighteen  feet  from  the 
west  side  of  INIount  WashingtTon  Avenue,  measured  on  a 
line  perpendicular  thereto ;  thence  in  a  straight  line  and 
tangent  to  said  arc  in  such  northerly  direction  that  if  con- 
tinued straight  it  shall  not  approach  withiu  six  hundred 
feet  of  Arch  Wharf. 
Repeal  of  1864,  SECTION  2.  The  first  scctiou  of  the  three  hundred  and 
"'     ■  tenth  chapter  of  the  acts  of  the  year  eighteen  hundred  and 

sixty  four  is  repealed. 
provif<ions  of  Sectiox  3.     Tlic  provlsious  of  the  sixth,  seventh  and 

9,  to  apply  to'  '  niutli    scctious    of    tlic    two    hundred    and    ninety-third 
line  established,  ^^^^^j^^^,  ^f  ^hc  acts  of  the  ycar  eighteen   hundred    and 
fifty-six,  shall  apply  to  the  line  established  by  this  act. 

Approved  April  24,  1873. 


1873.— Chaptees  233,  234.  635 

An  Act  to  incobporate  the  kenoza  street  railway  company  (jj^^    233. 

OF  HAVERHILL. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Alfred    Kittredge,    William    G.    Howe,  corporators. 
David  P.  Bodfish,  Thomas  Sanders,  their  associates  and 
successors,  are  made  a  corporation  by  the  name  of  the  Name  and  puj- 
Kenoza  Street  Railway  Company,  with  power  to  construct,  ^°^^' 
maintain  and  operate  a  street  railway  from  a  point  near 
the  passenger  station  of  the  Boston  and  Maine  Railroad  in 
the  city  of  Haverhill,  to  the  soldiers'  monument,  and  from 
thence  to  Lake  Kenoza,  and  also  to  the  state  line,  and  in 
such  other  streets  in  the  city  of  Haverhill  as  the  board  of 
mayor  and  aldermen  may  from  time  to  time  designate. 

Section  2.     Said  corporation  may  construct  and  oper-  May  construct 
ate  such   portion   of  the  road   of    the   Merrimac    Street  Me^r^mac  street 
Railway  Company  as  may  be  agreed  upon  by  the  two  ^•^• 
corporations,    subject   to   the   approval  of  the   board    of 
mayor  and  aldermen  of  the  city  of  Haverhill. 

Section  3.     The  capital  stock  of  said  corporation  shall  capital  stock. 
not  exceed  sixty  thousand  dollars. 

Section  4.     After  said  company  has  complied  with  the  May  issue  bonds 
provisions    of    section    six,    chapter    three    hundred    and  y°eaM"atTev7n 
eighty-one  of  the  acts  of  the  year  eighteen  hundred  and  l^l  '^^^^'  ^"*^'^' 
seventy-one,    concerning    street   railways,    it   may    issue 
bonds  to  an  amount  not  exceediuo;  one-half  of  the  par 
value  of  the  shares,  fixed  by  the  directors  of  the  company, 
payable  at  such  times  as  may  be  fixed  therein,  not  exceed- 
ing twenty-years  from  their  respective  dates,  with  interest 
not  exceeding  seven  per  centum  per  annum,  payable  semi- 
annually.    And  it  may  secure  the  same  by  a  mortgage  of  May  mortgage 
its  franchise  and  any  of  its  property,   real  or  personal, 
which  mortgage  shall  be  recorded  in  the  registry  of  deeds 
for  the  southern  district  of  Essex. 

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

Approved  April  24,  1873. 

An  Act  to  authorize  the  town  of  Manchester  to  construct  /it      9Q4. 

A  CAUSEWAY   OR  BRIDGE  IN   SAID   TOAVN.  ^0'±. 

Be  it  enacted,  <fcc.,  as  follows: 

Section  1.     License   is  granted  to  the  town  of  Man-  Town  may  con- 
chester  to  construct  and  maintain  a  solid  causeway,  with  a  way^or^bwdg'e 
lock  or  gate,  or  a  bridge  with  a  draw,  as  the  selectmen  of  Poh!t^o°Gh-df 
said   town   may  deem  expedient,    from  Proctor's   Point,  ^anc^ter''" 
across   an  arm  of  the  sea,  to  Girdler's   Wharf,   in   said 
town ;  and  said  selectmen  are  authorized  to  lay  out  said 
21 


636  1873.— Chapters  235,  236,  237. 

causeway  or  bridge  as  a  town  way.  Said  lock,  or  gate, 
or  draw,  so  constructed,  shall  be  opened  and  closed  as 
may  be  required  for  the  passage  of  vessels  at  all  times, 
under  the  direction  and  at  the  cost  and  charge  of  said 

Proviso.  town  :  provided,  however,  that  this  license  shall  be  subject 

to  the  provisions  of  chapter  four  hundred  and  thirty-two 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

sui^iecttoac         Section  2.     This  act  shall  not  take  effect  until  it  is 

ceptauce  byyote  .       .  , 

of  the  town.  acccptcd  by  a  majority  of  the  voters  of  the  town  of 
Manchester,  present  and  voting  at  a  legal  town  meeting 
called  for  the  purpose.  Approved  April  25, 1873. 

CI)        9"^^     ^^   ^^^     ^^     ADDITION     TO   AN    ACT     TO    INCORPORATE     THE    UNION 
K^li.      Z4OO.  FKEIGIIT   RAILROAD   COMPANY. 

Be  it  enacted,  &c.,  as  follows : 
To  receive  and        Section  1.     The  Uuion  Freight  Railroad  Company,  is 

deliver  passen-  »         •        i  i  •  .  Ir       J  ' 

ger  care  at  its      authorizcd  and  required  to  receive  and  deliver  passenger 
other  railroads,    cars  at  cach  of  its  conncctious  with  the  tracks  of  other 
railroad  corporations  made  pursuant  to  the  provisions  of 
its  charter,  and  to   haul  such   cars  over  its   road  at  its 
Proviso.  established  rates ;  provided,  that  nothing  in  this  act  shall 

be   construed  as   aftecting  any  legal  rights   of  the  Com- 
mercial Freight  and  Marginal  Freight  Railway  Companies. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  25,  1873. 

CJl.      236.   -^^  ■^'^^  ^^  CHANGE  THE  NAME  OE  THE  WORKINGMEN'S  SAVINGS  BANK. 

Be  it  enacted,  &c.,  asfolloivs  : 
Name  changed.       Section  1.     The  Workiugmeu's  Savings  Bank,  in  the 
village  of  Florence,  Northampton,  shall  hereafter  be  called 
the  Florence  Savings  Bank. 

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

Approved  April  25, 1873. 

CJl        237     '^^  ^^^   ^^  INCORPORATE  THE   NEW   ENGLAND   LODGE  ASSOCIATES,  IN 

THE  CITY   OF   CAMBRIDGE. 

Be  it  enacted,  &c.,  as  follows: 
Corporators.  SECTION  1.     Jamcs   M.    PHcc,    Frederick    Goodfellow 

and  George  L.  Mitchell,  their  associates  and  successors. 
Name  and  pur-  arc  made  a  corporation  by  the  name  of  The  New  England 
^°^^'  Lodge  Associates,  for  the  purpose  of  purchasing  or  erect- 

ing a  building,  in  the  city  of  Cambridge,  and  maintaining 
the  same  for  the  purposes  of  an  Odd  Fellows' hall,  and  for 
Powers  and       auy  othcr  lawful  purj)ose  ;  with  the  powers  and  privileges, 
duties.  ^^^  subject  to  the   duties,  restrictions  and  liabilities   set 

forth  in  the  general  laws  which  now  are  or  hereafter  may 
be  in  force  applicable  to  such  corporations. 


years. 


18T3.— Chapters  238,  239.  63T 

Section  2.  The  capital  stock  of  said  corporation  shall  capUai  stock. 
not  exceed  seventy-five  thousand  dollars,  and  said  cor- 
poration may  hold  for  the  purposes  aforesaid,  real  and  ^on^ai^'estoter 
personal  estate  not  exceeding  the  amount  of  the  capital 
stock :  provided,  that  no  liability  shall  be  incurred  until 
ten  thousand  dollars  of  its  capital  stock  has  been  paid  in 
in  cash. 

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

Approved  April  25,  1873. 

An  Act  in  addition  to  an  act  to  establish  the  city  of  haver-  rir      038 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  city  council  of  the  city  of  Haverhill  overseers  of  the 
shall  elect  by  joint  ballot  in  convention,  on  the  first  Mon-  office  for  three 
day  of  January,  eighteen  hundred  and  seventy-four,  three 
persons  to  be  members  of  the  board  of  overseers  of  the 
poor,  one  for  one  year,  one  for  two  years  and  one  for 
three  years  ;  and  thereafter  the  city  council  shall,  annually, 
on  the  first  Monday  of  January,  elect  in  the  same  manner, 
one  person  to  hold  office  for  the  term  of  three  years. 

Section  2.     So   much    of  section  nineteen  of  chapter  Repeal  of  por. 
sixty-one  of  the  acts  of  the  year  eighteen  hundred  and  *j'°y,°^^^^''''^^' 
sixty-nine,  as  provides  for  the   annual  election   of  three 
members  of  the  board  of  overseers  of  the  poor  is  repenled. 

Approved  April  25,  1873. 

An  Act  to  establish  a  hospital  for  the  insane  in  the  north-  /^t,      2S0 
eastern  part  of  the  commonwealth.  '     * 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  governor,  with  the  advice  and  con-  New  lunatic 
sent  of  the  council,  is  authorized  to  appoint  three  persons,  ereXd  in°Essex 
who  shall  be  a  board  of  commissioners,  with  full  power  to 
purchase,   subject  to  the  approval  of  the   governor  and 
council,  suitable  real  estate  for  a  site  for  a  new  lunatic 
hospital,  within  either  of  the  counties  of  Middlesex  or 
Essex,  and  to  cause  to  be  erected  thereon  suitable  build- 
ings, sufficient  to  accommodate  four  hundred  patients,  a 
superintendent,   steward,   assistant-physicians,    and   their 
families,  and  all  necessary  subordinate  officers  and  attend- 
ants.    And  the  said  board  shall  have  power  to  make  all 
contracts  and  to  employ  all  agents  necessary  to  carry  into 
effect  the  provisions  of  this  act :  provided,  that  all  con-  contracts  to  be 
tracts  for  the  erection  of  buildings  and  the  purchase  of  pZ'nw  i'nd 
materials  and  supplies  shall  be  approved  by  the  governor  councu. 
and  council ;  and  provided,  further ^  that   the   aggregate 


or  Middlesex 
counties. 


638 


1873.— Chaptee  240. 


Aggregate  cost 
not  to  exceed 
$650,000. 


State  treasurer 
may  Issue  Bcrip 
to  the  amount  of 
$650,000  at  six 
per  cent,  interest 
upon  the  order 
of  the  governor 
and  council. 


Treasurer  may 
borrow  money 
in  anticipation 
of  the  issue  of 
scrip. 

Proviso. 


Ch.   240. 


Penalty  of  $200 
for  violation  of 
provisions  of 
1871,  363. 


expenses  and  liabilities  incurred  by  virtue  thereof  shall 
not  exceed  the  sum  of  six  hundred  and  fifty  thousand 
dollars.  The  said  board  shall  present  all  their  accounts 
to  the  auditor  for  examination  and  approval. 

Section  2.  In  order  to  meet  any  expenses  incurred 
by  said  board  under  the  provisions  of  tnis  act,  the  gov- 
ernor is  authorized  to  draw  his  warrant  on  the  treasurer 
of  the  Commonwealth  for  such  sums  as  may  be  required 
from  time  to  time  for  carrying  out  said  provisions,  and 
the  sum  of  six  hundred  and  fifty  thousand  dollars  is 
appropriated,  and  the  treasurer  of  the  Commonwealth  is 
authorized,  upon  the  order  of  the  governor  and  council, 
to  issue  scrip  or  certificates  of  debt  to  the  amount  of  said 
appropriation,  which  shall  be  expressed  in  such  currency, 
and  shall  bear  such  rate  of  interest,  not  exceeding  six  per 
centum  per  annum,  as  the  governor  and  council  may 
direct,  and  shall  be  redeemable  in  not  less  than  twenty 
nor  more  than  thirty  years  from  the  date  thereof,  and  said 
treasurer  shall  sell  or  otherwise  dispose  of  the  same  as  he 
may  deem  proper,  subject  to  the  approval  of  the  governor 
and  council. 

Section  3.  The  treasurer,  under  the  direction  of  the 
governor  and  council,  may  borrow,  in  anticipation  of  the 
issue  of  scrip  authorized  as  above,  such  sums  as  may  be 
necessary  for  any  of  the  purposes  of  this  act ;  provided, 
that  the  whole  amount  borrowed  by  authority  hereof  and 
remaining  unpaid,  shall,  at  no  time,  exceed  the  amount  of 
six  hundred  and  fifty  thousand  dollars. 

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

Ax)proved  April  25,  1873. 

An  Act  in  addition  to  an  act  to  regulate  ekeight  charges  on 

railroads. 
Be  it  enacted,  &c,,  as  follows: 

A  railroad  corporation  for  each  violation  of  the  pro- 
visions of  chapter  three  hundred  and  sixty-three  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-one,  in 
addition  to  liability  for  all  damages  sustained  by  reason  of 
such  violation,  shall  be  liable  to  a  penalty  of  two  hundred 
dollars,  which  may  be  recovered  in  an  action  of  tort  to  his 
own  use  by  the  party  aggrieved,  or  to  the  use  of  the  Com- 
monwealth by  the  attorney-general,  or  the  district-attorney 
of  the  district  in  which  such  violation  was  committed : 
provided,  however,  that  no  such  action  shall  be  main- 
tained unless  the  same  shall  be  brought  within  sixty  days 
from  the  date  of  such  violation.        Approved  April  25, 1873. 


I 


1873.— Chapter  241.  639 

An  Act  making  appropriations    for    certain    educational  (JJ^^^    241. 

purposes. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  sums  hereinafter  mentioned  in  this  Appropriations. 
section  are  appropriated,  and  shall  be  allowed  and  paid 
out  of  the  moiety  of  the  income  of  the  school  fund  appli- 
cable to  educational  purposes,  and  also  from  the  income  of 
other  funds,  as  herein  specified,  for  the  year  eighteen 
hundred  and  seventy-three,  to  wit : — 

For  the  support  of  the  state  normal  schools,  a  sum  not  state  normal 
exceeding  fifty-two  thousand  dollars.  echoois. 

For  teachers'   institutes,    a   sum   not   exceeding   three  Teachers'  insti- 
thousand  dollars,  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  pupils  in 
exceeding  four  thousand  dollars,  payable  in  semi-annual  °"™'*^      ''**■ 
instalments,   to  be  expended  under  the  direction  of  the 
board  of  education. 

For   postage,  printing,  advertising,   stationery,  trans- Board  of  educa- 
portation  of  documents  for  the  board  of  education,  and  for  Postage  and 
the  secretary  thereof,  and  for  printing  the  school  laws,  a  p^^i^tuig- 
sum   not   exceeding  twelve   thousand   and   five  hundred 
dollars. 

For  expenses  of  members  of  the  board  of  education,  a  Expenses  of 
sum  not  exceeding  three  hundred  dollars.  members. 

For  the  salary  of  such  agents  as  the  board  of  education  salaries  of 
may  employ,  including  the  transportation  and  exhibition  ^^®°'*- 
of  casts  and  models  in  the  department  of  drawing,  a  sum 
not  exceeding  eight  thousand  dollars,  in  addition  to  the 
amount  heretofore  appropriated  for  the  present  year. 

For  painting  the  normal  school  building  at  Framingham  Normal  school 
and  repairs  thereon,  for  heating  apparatus  and  for  furni-  Fr^tofham. 
ture,  for   chemical   apparatus  and   books    of  reference,  a 
sum  not  exceeding  three  thousand  dollars. 

For  apparatus,  chemicals,  books  of  reference,  models  Normal  school 
and  furniture  for  the  normal  school  at  Westfield,  a  sum  **  ^'^^*''^'*^- 
not  exceeding  six  hundred  dollars. 

For  finishing  and  furnishing  the  art-room  in  the  normal  Nominal  school 
school  building  at  Bridge  water,  a  sum  not  exceeding  six  Brldgelater. 
hundred  dollars. 

For  finishing  and  furnishing  two  rooms  in  the  normal  Normal  school 
school  building  at  Salem,  a  sum  not  exceeding  two  thou-  .sailm?^  "^ 
sand  two  hundred  dollars. 

For  the  Massachusetts  Teachers'  Association,  the  sum  Mass.  Teachers' 
of  eight  hundred  dollars,  on  condition  that  said  associa-  -^sociation. 


640 


1873.— Chapter  242. 


County  teach- 
ers' associa- 
tions. 

American  insti- 
tute of  instruc- 
tion. 


Income  of 
Rogers  book 
fund. 


Income  of  Todd 
normal  school 
fund. 


Income  of  agri- 
cultural college 
fund. 


Unexpended 
balance  of  in- 
come of  school 
fund. 


Gh.  242. 


Purchase  of 
franchise  and 
property  of  the 
Arlington  Lake 
"Water  Com- 
pany ratified 
and  confirmed. 


lion  shall  furnish  a  copy  of  the  "Massachusetts  Teacher" 
to  each  board  of  school  committee  in  the  several  cities  and 
towns  in  the  Commonwealth,  during  the  year  eighteen 
hundred  and  seventy-three,  and  furnish  satisfactory 
evidence  thereof  to  the  auditor  of  accounts. 

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  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  by  said  board  in  accordance  with  chapter  thirty- 
six  of  the  General  Statutes. 

The  income  of  the  Agricultural  College  fund  shall  be 
paid  in  accordance  Avith  the  provisions  of  chapter  one 
hundred  and  eighty-six  and  chapter  two  hundred  and 
twenty  of  the  acts  of  eighteen  hundred  and  sixty-three. 

Section  2.  The  unexpended  balance  of  the  moiety  of 
the  income  of  the  school  fund  applicable  to  educational 
purposes  for  the  year  eighteen  hundred  and  seventy-two, 
shall  be  added  to  such  moiety  of  the  income  of  said  fund 
for  the  current  year. 

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

Approved  April  25,  1873. 

An  Act  in  addition  to  the  acts  relating  to  the  Arlington 

lake  water  company. 
Be  it  enacted,  t&c,  as  follows: 

Section  1.  The  purchase  of  the  franchise,  property, 
rights  and  privileges,  of  the  Arlington  Lake  Water  Com- 
pany, by  the  town  of  Arlington,  and  the  transfer  and 
conveyance  thereof  by  said  corporation  to  said  town,  is 
ratified  and  confirmed  ;  and  said  town  may  take,  hold  and 
convey  into  and  through  the  town  of  Arlington  the  waters 
of  Sucker  Brook  and  the  tributaries  thereof,  of  the 
springs,  brooks  and  watershed  of  the  meadows  lying  near 
said  Sucker  Brook  and  its  tributaries,  and  of  the  Great 
Meadows  lying  in  the  easterly  part  of  the  town  of  Lexing- 
ton, from  Lewis'  Mills,  or  any  point  westerly  of  said 
mills,  within  the  watershed  of   Sucker   or  Munroe  and 


1873.— Chapter  242.  641 

North  Brooks,  for  the  purpose  of  collecting  and  securing 
a  supply  of  pure  water  for  the  inhabitants  of  the  town  of 
Arlington;  and  for  this  purpose  said  town,  in  addition  to  Rights, powers 
the  rights,  powers  and  authority  already  and  herein  f"rred"upon'the 
conferred  upon  said  town,  shall  have,  exercise  and  enjoy  ^°^°- 
all  the  rights,  powers  and  authority  conferred  upon  said 
Arlington  Lake  AYater  Company  by  the  acts  to  which  this 
act  is  in  addition,  and  shall  exercise  all  of  said  riofhts, 
powers  and  authority,  subject  to  the  restrictions,  duties 
and  liabilities  herein  and  in  said  acts  contained,  except  as 
herein  otherwise  provided,  by  such  officers  and  agents  as 
said  town  may,  from  time  to  tmie,  choose,  appoint  and 
direct.  Such  officers  and  agents  shall  be  subject  to  such 
ordinances,  rules  and  regulations,  in  the  execution  of 
their  trust,  as  the  town  may  from  time  to  time  establish, 
not  inconsistent  with  this  act  and  the  laws  of  the  Com- 
monwealth. And  the  acts  of  said  town,  and  of  its 
officers  and  agents,  in  execution  of  the  purposes  of  this 
act  and  of  the  acts  to  which  this  act  is  in  addition,  so  far 
as  the  same  may  appear  to  be  invalid  from  any  want  of 
authority  on  the  part  of  said  town,  are  authorized, 
ratified  and  confirmed. 

Section  2.     Said  town  may  build  aqueducts  and  main-  Town  may buiid 
tain  the  same  by  any  works  suitable  therefor ;    it  may  m"int^nVams 
erect  and    maintain  dams  to  raise  and  retain  the  water  ^""^  reservoir.-. 
taken   and    collected :     it    may    construct    and    maintain 
reservoirs  within  or  without  said  town  of  Arlington,  but 
not  within   the   town    of  Lexington,    except   within    the 
limits  described  in  the  preceding  section ;  it  may  make, 
erect  and  maintain,  and  carry  on  such  other  works  as  may 
be  necessary  and  proper  for  raising  the  water  into  the 
reservoirs,  and  forcing  and  distributing  it  through   and 
about  said  town  ;  it  may,  from  time  to  time,  make  and 
establish   public   hydrants    and   fountains  in  such  places 
within   its   limits    as    it   may  deem   proper,    and  it  may 
prescribe  the  purposes  for  which  the  same  may  be  used, 
and  change  or  discontinue  the  same  ;    if  may  distribute 
the  water  within  its  limits,  and  for  this  purpose  may  lay 
doAvn  pipes  to  any  house  or  building,  the  owner  or  owners 
thereof  having  notice  and  not  objecting  thereto  ;  it  may 
regulate  the  use  of  said  water,  and  establish,  receive  and  May  regulate 
collect  the  prices  or  rents  to  be  paid  therefor;  it  may,  for  ei^tabush wat'er- 
the  purposes  aforesaid,  carry,  conduct  and  maintain  any 
aqueducts,  pipes  or  other  works  by  it  made,  laid  down  or 


hold  real  estate. 


642  1873.— Chapter  242. 

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  travel  or  the 
free  use  thereof;  it  may  enter  upon  and  dig  uj)  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  it  may  do  all  things 
necessary  or  convenient  and  proper  for  carrying  out  the 
purposes  of  this  act,  and  the  acts  to  which  this  act  is  in 
addition. 

May  take  and  SECTION  3.  Said  towu  for  the  purposcs  aforesaid  may 
take  and  hold,  by  purchase  or  otherwise,  such  real  estate 
as  may  be  necessary  for  collecting  and  securing  a  supply 
of  water  as  aforesaid,  and  for  preserving  the  purity 
thereof,  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, 
retaining,  conducting  and  distributing  such  waters  within 
its  limits,  and  for  discharging  and  disposing  of  said 
waters.  The  said  town  shall,  within  sixty  days  from  the 
time  of  taking  any  land  as  aforesaid,  file  in  the  registry  of 
deeds  for  the  southern  district  of  the  county  of  Middle- 
sex, a  description  of  the  land  so  taken,  sufficiently 
accurate  for  identification,  and  state  the  purpose  for  which 
it  is  taken. 

Liability  of  SECTION  4.     Said    towu    shall    be    liable    to   pay   all 

damages  sustained  by  any  person  or  persons  in  their 
property  by  the  taking  of  any  land,  rights  of  way,  water, 
water-rights  or  easements,  or  by  the  erection  of  any  dams, 
or  by  the  construction  of  any  aqueducts,  reservoirs, 
water-ways  or  other  works  for  the  purposes  aforesaid  ;  and 
if  the  owner  or  owners  of  any  property  taken  as  aforesaid, 
or  other  person  or  persons  sustaining  damage  as  aforesaid, 
shall  not  agree  on  the  damages  to  be  paid  therefor,  he  or 
they  at  any  time  within  three  years  from  the  taking  of  the 
said  property,  or  the  sustaining  of  damages  as  aforesaid, 
may  apply  for  an  assessment  of  damages  by  petition  to 
the  superior  court  in  the  county  in  which  the  property  is 
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 
Arlington,  returnable,  if  issued  in  vacation,  at  the  next 
term  of  the  said  court,  to  be  held  after  the  expiration  of 


1 


town  for  dam- 


1873.— Chapter  242.  643 

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  oflicer 

who  shall  serve  the  same,  with  the  clerk  of  said  town ; 

and  the  said  court  may,  upon  default  or  hearing:  of  said  Commissioners 

town,  appoint  three  disinterested  persons,  who  shall,  after  pointed  to  assess 

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  5.     If  either  of  the  parties  mentioned  in  the  Parties  dissatis- 
fourth  section  shall   be  dissatisfied  with  the   amount   of  fordMnagermay 
damages  awarded,  as  therein  expressed,  such  party,  at  the  h-i^^^e  atrial  by 
term   at   which   such    award   may    be    accepted,    or   the 
next  term  thereafter,  may  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  pro- 
ceedings relating  to  the  laying  out  of  highways. 

Section  6.     In  every  case  of  a  petition  to  the  superior  Town  may  make 
court  for  the  assessment  of  damages,  as  provided  in  this  damages. ""^ 
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  L. 

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  com- 
plainant shall  recover  greater  damages  than  were  so 
offered. 

22 


644  1873.— Chapter  242. 

di'mageruo/to        Section  7.     No  application  shall  be  made  to  the  court 
be  made  until     for   thc    assessmciit   of  damao;es   for   the   takino^   of  any 

water  is  actually  .,  ^        ~  .     .  -ii 

taken.  watcF  OF  watcr-rights,  or  tor  any  injury  thereto,  until  the 

water   is   actually  withdrawn  or  diverted  by  said  town, 

under  the  authority  herein  given. 

^rip  Say  b'e**^''      Section  8.     For  the  purpose  of  defraying  the  cost  of 

lasuednotex-     such    frauchise,    corporate    property,    lands,   water   and 

ceeding  $loO,000  '  A  ^11  1      n     i-  .1 

at  seven  per       watcr-rights   as   are   taken,    purchased    or    held   tor   the 

cent,  interest.  /»  '  -i  ii?  j_j.'  i 

purposes  atoresaid,  and  tor  constructing  works  necessary 
and  proper  for  the  accomplishment  of  the  purposes 
authorized  by  this  act,  and  tlie  acts  to  which  this  act  is 
in  addition,  and  of  paying  all  damages,  costs  and  expenses 
incident  thereto,  said  town  by  its  selectmen  and  treasurer, 
shall  have  authority  to  issue  from  time  to  time,  notes, 
scrip  or  certificates  of  debt,  to  be  denominated  on  the 
face  thereof,  Arlington. Water  Scrip,  to  an  amount  not 
exceeding  one  hundred  and  fifty  thousand  dollars,  bearing 
interest  not  exceeding  seven  per  centum  per  annum, 
payable  semi-annually  ;  the  principal  shall  be  payable  at 
periods  not  more  than  twenty  years  from  the  issuing  of 
said  notes,  scrip  or  certificates  respectively.  Said  treas- 
urer, 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 
Town  may  make  ])q  prescrilicd  bv  the  towu.     Said  town  is  further  author- 

appropriations      .        *  ,  •'  .       .  ,  „  . 

for  payment  of    izcd  to  uiakc  appropriations  and  assess,  irom  time  to  time, 

principal  and  in-  ,  j.  •!  i  j.ij.i 

terest.  such  amouuts  as  it  may  deem  proper,  towards  the  pay- 

ment 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  ;  but  said  town  shall  not  raise  more 
than  five  thousand  dollars  in  any  one  year  to  pay  the 
principal  of  said  scrip,  except  in  the  year  in  which  the 
same  or  any  part  thereof  may  become  due. 
Water  commis-  Section  9.  At  a  Special  meeting  called  for  that  pur- 
eiected.  posc,    to   be   held   by   said   town   in   the    year   eighteen 

hundred  and  seventy-three,  there  shall  be  elected  a  board 
of  three  water  commissioners,  one  for  one  year,  one  for 
two  years,  and  one  for  three  years,  from  the  fourth  day 
of  jNIarch,.  in  the  year  eighteen  hundred  ai^d  seventy- 
three,  and  annually  thereafter  at  the  annual  meeting,  as 
the  terras  expire,  one  commissioner  shall  be  elected  tor 
three  years. 


1873.— Chaptee  242.  645 

Any  vacancy  which  may  occur  in  said  board  of  com- 
missioners may  be  filled  at  a  meeting  of  the  voters  of  said 
town,  called  and  held  for  the  purpose. 

Said  board  of  water  commissioners  shall  execute,  super- 
intend and  direct  the  performance  of  all  the  works, 
matters  and  things  mentioned  in  this  act,  and  exercise  all 
the  rights,  powers  and  authority  hereby  granted,  and  not 
otherwise  specially  provided  for  herein ;  they  shall  have 
the  general  supervision  and  control  of  the  use  of  the 
water,  and  the  care,  management  and  custody  of  the 
water- works  of  the  tow^n,  and  the  property  connected 
therewith,  subject  to  the  vote  of  the  town.  Said  com-  compensation 
missioners  shall  receive  such  salaries  or  compensation  as  lhe\°ow^n.  ^^ 
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  10.     Said  water  commissioners  shall  annually  commigsionerB 
make  a  full  report  in  writing  to  the  town,  .at  its  annual  p°ort'to'the  town 
meeting,  of  all  their  acts  and  doings  and  the  condition  of  mJeti^gr"*^ 
the  property  under  their  control,  with  such  recommenda- 
tions   as   they    shall    judge    the    interests    of    the    town 
require ;  and  shall  make  and  present  in   said   report  an 
estimate  of  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  ihterest  on 
the  Arlington  water  scrip,  and  also  after  three  years  from 
the  first  day  of  January,  eighteen  hundred  and  seventy- 
three,  for  the  further  payment  of  not  less  than  one  per 
centum  of  the  principal  of  said  scrip. 

Section  11.  At  any  time  after  the  expiration  of  three  waterratesmay 
years  from  the  first  day  of  January,  eighteen  hundred  and  f'eVthTee^y'ifars^" 
seventy-three,  and  before  the  payment  of  the  princiiDal  of 'f'"™'n^i8°°* 

,,  •  1     A     T        J.  -  •         -/^i  1  •  ^    suflicient  to  pay 

the  said  Arlington  water  scrip,  it  the  surplus  income  and  accruing  inter. 
receipts  for  the  use  of  water  distributed  under  this  act,  conL'tosinki'nl 
at  the  price  or  rent  established  by  the  town,  after  deduct-  ^^^^' 
ing  all  expenses  and  charges  of  distribution,  shall  for  any 
two  successive  years  be  insuflScient  to  pay  the  accruing 
interest  on  said   scrip,   and  the  one   per  centum  to  the 
sinking    fund    herein   provided   for,    then    the    sujireme 
judicial  court,  or  any  justice  thereof,  on  petition  of  fifty 
or  more  of  the  legal  voters  of  said  town,  prajdng  that 
said  price   or  rent  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 


e^6  1873.— Chapter  242. 

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  appoint  three 
commissioners,  who,  upon  due  notice  to  the  parties 
interested,  may  raise  and  increase  said  price  or  rent  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  at  the 
southern  district  of  the  county  of  Middlesex,  and  accepted 
by  the  said  court,  shall  be  binding  and  conclusive  for  the 
term  of  three  years  next  after  the  said  acceptance,  and 
until  the  price  or  rent  so  fixed  shall,  after  said  term,  be 
changed  by  said  town. 
Rates  for  use  of       Section  12.     The  priccs  or  rents  received  for  the  use 

■water  to  be  paid      „  ini  n  ti  •  i  i         ^ 

over  to  town  01  Water  Shall,  when  collected,  be  paid  over  to  the  treas- 
urer of  the  town,  and  after  deducting  all  charges  of 
distribution  and  repairs  and  other  expenses  incident  to  the 
same,  and  after  the  payment  therefrom  of  the  semi-annual 
interest  upon  said  scrip,  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 

Sinking  fund.  Sinking  fuud,  wMcli  with  the  accumulated  interest  upon 
the  same  shall  be  devoted  solely  to  the  payment  of  said 
scrip  of  said  town  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  said  town,  or  upon  mere 
personal  security. 

Water  accounts       SECTION  13.     The  treasurer  of  said  town,  shall  keep 

to  be  kept  sep-  .  j.        ly        •  i  j.  j.  i  '    j.  ir* 

aratc  from  other  Separate  accouuts  oi  said  water  rents  and  receipts,  and  oi 
town^°'^°^^^^  said  charges,  expenses  and  interest,  and  of  said  sinking 
funds,  which  accounts  shall  be  kept  apart  from  the  other 
accounts  of  the  town,  and  shall  at  all  times  be  open  to  the 
inspection  of  the  water  commissioners  of  said  town.  The 
treasurer  shall  annually  make  a  written  report  to  the  town, 
at  its  annual  meeting,  of  the  condition  of  said  accounts, 
and  of  said  sinking  fund,  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  sinking 
fund,  and  shall  report  the  result  of  their  examination  to 
the  town,  in  connection  with  the  report  of  the  treasurer. 


1873.— Chapters  243,  244.  647 

Section  14.     The  occupant  of  any  tenement  shall  be  occupantand 

1  •  /.         J.1  £"  owner  of  tene- 

liable  for  the  payment  of  the  rent  or  price  tor  the  use  ot  ment  iiabie  for 
the  Avater  in  such  tenement,  and  also  the  owner  thereof  "^^'^^  '*'^^' 
shall  be  liable,  if  on  being  notified  of  such  use  he  does 
not  object  thereto. 

Section  15.     If  any  person  shall  use  any  of  said  water  Penalty  for  un. 

.  /.         .  1     J  111  J.       1  lawfully  using 

Without  the  consent  of  said  town,  or  shall  wantonly  or  water  or  render. 
maliciously  divert  the  water  or  any  part  thereof,  or  of  the  ^sii^v^^^- 
sources  thereof,  taken  or  held  by  said  town,  under  the 
provisions  of  this  act,  or  of  the  acts  to  which  this  act  is  in 
addition,  or  corrupt  the  same  or  render  it  impure,  or 
destroy,  injure,  or  unlawfully  interfere  with  any  dam, 
aqueduct,  pipe,  conduit,  hydrant,  machinery  or  other 
works  or  property  held,  owned  or  used  by  said  town, 
under  the  authority  and  for  the  purposes  of  this  act,  or  of 
the  acts  to  which  this  act  is  in  addition,  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,  malicious  or  unlaw- 
ful acts  aforesaid,  may  be  also  punished  by  fine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  in 
jail  not  exceeding  one  year. 

Section  16.     This  act  shall  take  effect  upon  its  passage. 

Approved  April  25,  1873. 

An  Act  authorizing  an  increase  op  the  capital  stock  of  the  rjj,      043 

MANUFACTURERS'  GAS  COMPANY  OF  FALL  RIVER. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  Manufacturers'  Gas  Company  of  Fall  fiJ,^„°^['°°^^ftf|" 
River  may  increase  its  capital  stock,  by  adding  thereto  stock. 
one  hundred  thousand  dollars,  and   invest  such  portion 
thereof  in  real  and  personal  estate,  as  maybe  necessary 
and  convenient  for  carrying  on  the  business  for  which 
said  company  was  incorporated. 

Section  2.     No  stock  shall  be  issued  under  this  act  stock  not  to  be 
for  a  less  sum  than  the  par  value  of  the  original  shares,  }ha"upa%aiue 
and  in  the  disposition  of  said  new  stock,  the  said  company  °^ll^£'^^^ 
shall  not  be  subject  to  the  provisions  of  chapter  thirty-nine 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-three. 

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

Approved  April  25,  1873. 

An  Act  to  incorporate  the  old  colony  wharf  company.         /nrx      04  a 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     Russell  A.  Ballon,  Farrington  Mclntire,  corporators. 
William  Boynton,   their   associates   and   successors,  are 


648 


1873.— 'Chapter  245. 


May  purchase 
land  and  con- 
struct wharves 
aud  docks. 


Proviso. 


Capital  stock. 


made  a  corporation  under  the  name  of  the  Old  Colony 
Wharf  Company,  subject  to  the  general  laws  which  are  or 
may  be  in  force  applicable  to  such  corporations. 

JSectiox  2.  Said  corporation  may  purchase  and  hold, 
in  fee  simple  or  otherwise,  all  or  any  part  of  the  tract  of 
land  and  flats  situated  in  Boston,  and  bounded  on  the 
west  by  the  Old  Colony  liailroad,  on  the  south  by  Savin 
Pliil,  and  on  the  east  and  north  by  the  harbor  commis- 
sioners' lines  in  Dorchester  Bay ;  and  said  corporation 
may,  within  the  limits  aforesaid,  construct  wharfs  and 
docks,  erect  buildings,  lay  out  streets,  and  otherwise 
manage  and  dispose  of  said  property  ;  provided,  that  all 
excavations  and  structures  in  tide-waters  shall  be  subject 
to  chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

Section  3.  The  capital  stock  of  said  corporation  shall 
be  six  hundred  thousand  dollars,  with  the  right  to  increase 
said  capital  stock  to  twelve  hundred  thousand  dollars ; 
provided,  that  no  liability  shall  be  incurred  until  the  sum 
of  one  hundred  and  fifty  thousand  dollars  shall  be  paid  in 
in  cash. 

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

Approved  April  26,  1873. 

nil      94 'tI         An  Act  amending  the  chaktek  of  the  city  of  fall  river. 
Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  The  inhabitants  of  the  city  of  Fall  River, 
for  all  the  purposes  for  which  towns  and  cities  are  by  law 
incorporated  in  this  Commonwealth,  shall  continue  to  be 
a  body  politic  and  corporate,  under  the  name,  of  the  City 
of  Fall  River ;  and  as  such  shall  have,  exercise  and  enjoy 
the  rights,  immunities,  powers  and  privileges,  and  shall 
be  subject  to  the  duties  and  obligations  now  incumbent 
upon  and  appertaining  to  said  city  as  a  municipal  corpora- 
tion. 

Section  2.     The  administration  of  all  the  fiscal,  pru- 

Indcityc™unc°L  dcutial  aud  municipal  affairs  of  the  said  city,  with  the 
government  thereof,  shall  be  vested  in  one  municipal 
officer,  to  be  styled  the  mayor;  one  council  of  six,  to  be 
called  the  board  of  aldermen ;  one  council  of  eighteen,  to 
be  styled  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  per- 
formance of  the  duties  of  their  respective  offices.  A 
majority  of  each  board  shall  constitute  a  quorum  for  doing 
business. 


City  charter 
amended. 


Government 


Quorum. 


1873.— Chapter  245.  649 

Section  3.  It  shall  be  the  duty  of  the  city  council,  in  Division  of  city 
the  year  eighteen  hundred  and  seventy-three,  and  in  every  '°°'^^'  ^• 
fifth  year  thereafter,  and  not  oftener,  to  revise,  and,  if  it 
be  needful,  make  a  new  division  of  the  city  into  such 
number  of  wards,  not  less  than  six,  as  said  council  shall 
deem  the  interests  of  the  city  may  require,  and  the  re- 
vision or  increase  of  said  wards  shall  be  done  in  such 
manner  that  said  wards  shall  contain,  as  nearly  as  may  be 
consistent  with  well-defined  limits,  to  each  ward,  an  equal 
number  of  qualified  voters  in  each  ward,  according  to  a 
census  of  voters  which  shall  be  taken  in  the  months  of 
May  and  June  in  said  years  ;  and  until  such  new  revision 
or  increase  is  made,  the  boundary  line  of  the  wards  of 
said  city,  shall  remain  as  now  established ;  provided,  that 
in  case  the  number  of  wards  shall  be  increased,  each  ward 
shall  be  entitled  to  one  alderman  and  three  common 
councilmen,  which  aldermen  and  common  councilmen 
shall  be  denominated  the  city  council,  who,  with  the 
mayor,  shall  exercise  all  the  powers  granted  in  section 
two  of  this  act. 

Section  4.      A   meeting   of  the   citizens   qualified   to  Annual  election, 
vote,  shall,  for  the  purpose  of  choosing  mayor,  aldermen, 
common  councilmen  and  ward  ofGcers,  be  held  annually, 
on   the  first   Tuesday  of  December ;  and   the    municipal 
year  shall  begin  on  tlie  first  Monday  in  January  following. 

Section  5.     All  warrants  for  meetings  of  the  citizens  warrants  for 
for  municipal  purposes,  to  be  held  either  in  wards  or  in  "icrpai^^rp^ei 
general  meetings,  shall  be  issued  by  the  mayor  and  alder-  mayor''and'ii'-^ 
men,  and    shall   be   in   such  form,  and  shall   be    served,  ^wmen. 
executed  and  returned  in  such  manner  and  at  such  times 
as  the  city  council  may  by  ordinance  direct. 

Section  6.  The  mayor  shall  be  a  resident  of  the  city  Mayorshaiibea 
and  a  voter,  and  shall  be  elected  by  ballot  by  the  qualified  cftyin'df voter. 
voters  of  the  city  at  large,  voting  in  their  respective 
wards  ;  and  he  shall  hold  his  ofBce  for  one  year  from  the 
first  Monday  of  January  following  the  annual  meeting, 
and  until  another  shall  be  elected  and  qualified  in  his 
stead. 

Section  7.     One  alderman  and  three  common  council-  one  alderman 
men  shall  be  elected  from  and  by  the  voters  of  each  ward  men  councilmen 
of  the   city,  and  shall  be   residents   of  the  wards  where  earfTward?*^^ 
elected.      The   said   aldermen   and   common   councilmen 
shall  be  chosen  by  ballot,  and  shall  hold  their  offices  for 
one  yoar  from  the  first  Monday  of  January  following  the 


650 


1873.— Chapter  245. 


Election  of  ward 
officers. 


Clerk  and  in 
specters. 


annual  meeting ;  provided,  that  said  aldermen  and  com- 
mon couucilmen  shall  hold  their  offices  until  a  majority  of 
both  said  boards  shall  be  elected  and  qualified. 

Section  8.  At  the  annual  meeting  to  be  held  on  the 
first  Tuesday  of  December,  there  shall  be  chosen  by  ballot 
in  each  of  the  wards  of  the  city,  a  warden,  clerk  and  three 
inspectors  of  elections,  who  shall  be  different  persons, 
residents  of  the  ward  in  which  they  are  chosen,  and  who 
shall  hold  their  offices  for  the  municipal  year  next  follow- 
ing said  meeting,  and  until  others  are  chosen  and  qualified 

Ward  meetings,  to  act.  It  shall  be  the  duty  of  said  wardens  to  pre- 
side at  all  ward  meetings,  with  the  power  of  moderators 
of  town  meetings,  and  if  at  any  meeting  the  warden 
is  not  present,  the  clerk  of  said  ward  shall  call  the 
meeting  to  order  and  preside  until  a  warden  2)ro  tem- 
pore is  chosen  by  ballot ;  and  if  at  any  meeting  the 
clerk  is  not  present,  a  clerk  pro  tempore  shall  be  chosen 
by  ballot ;  and  if  both  the  warden  and  clerk  are  absent, 
the  senior  in  age  of  the  inspectors  of  elections  of  said 
ward,  present,  may  preside  until  a  warden  pro  teinpore 
is  chosen  as  aforesaid ;  and  in  case  of  the  absence  of  all 
said  officers,  the  constable  who  returns  the  warrant  to 
said  ward  meeting  may  call  the  meeting  to  order  and  pre- 
side until  a  warden  pro  tempore  is  chosen  by  ballot ;  and 
whenever  any  ward  officer  shall  be  absent,  or  neglect  or 
refuse  to  perform  the  duties  of  his  office,  his  office  shall 
be  filled  j9ro  tempore  by  ballot.  The  clerk  shall  record  all 
the  proceedings  and  certify  the  ballots  given  at  any  elec- 
tion, in  a  book  to  be  provided  by  the  city  for  such  pur- 
poses, and  deliver  to  his  successor  in  office,  all  such  books 
and  records,  together  with  all  other  documents,  papers 
and  things  held  by  him  in  the  said  capacity ;  and  shall, 
within  forty-eight  hours  after  his  election,  deliver  to  each 
person  elected  to  a  ward  office  a  certificate  of  his  election, 
signed  by  the  warden,  clerk  and  a  majority  of  the  inspec- 

Dutiesofinspec  tors  of  elcctious.  It  sliall  be  the  duty  of  the  inspectors  of 
elections  to  assist  the  warden  in  receiving,  assorting  and 
counting  the  ballots  given  at  any  election.  The  warden, 
clerk  and  inspectors  so  chosen  shall  respectively  make 
oath  or  affirmation  faithfully  and  impartially  to  perform 
their  several  duties,  relative  to  all  elections,  which  oath  or 
affirmation  may  be  administered  by  the  clerk  of  such  ward 
to  the  warden,  and  by  the  warden  to  the  clerk  and  inspec- 
tors, or  by  any  justice  of  the  peace  for  the  county  of 


Duties  of  clerk. 


Ward  officers  to 
be  sworn. 


1873.— Chaptek  245.  651 

/ 

Bristol ;  and  the  fact  or  certificate  that  such  oath  or 
affirmation  has  been  taken  shall  be  entered  on  the  record 
of  the  ward  by  the  clerk  thereof. 

Sectiox  9.     At  the  annual  meeting  of  the  citizens  for  Election  on  the 
the  election  of  major,  aldermen,  common  councilmen  and  DM\mbel-*^annu- 
ward  officers,  held  on  the  first  Tuesday  in  December,  the  """y- 
citizens  of  said  city  qualified   to   vote  for  state  officers, 
shall  for  the  purposes  of  such  election,  then  meet  together 
within  the  wards  in  which  they  are  entitled  to  vote,  at 
such  hour  and  place  as  the  mayor  and  aldermen  may  by 
their  warrants  direct  and  appoint,  and  give  in  their  ballots 
for    mayor,    aldermen,    common    councilmen    and    ward 
officers,  in  accordance  with  the  provisions  of  this  act ;  and 
all   ballots    so   given   in    shall   be   assorted,  counted  and 
declared  by  the  warden,   and  recorded   by  the  clerk  in 
open  ward  meeting ;  and  the  names  of  all  persons  receiv- 
ing ballots,  and  the  number  of  ballots  received  for  each 
l^erson,  and  the  title  of  the  office  for  which  he  is  proposed, 
shall  be  written  in  the  ward  records  in  words  at  length ; 
and  the  person  having  the  highest  number  of  ballots  for 
aldermen,  common   councilman   or  ward   officer   at   said 
election,  shall   be   declared   elected;    and  a  transcript  of  Transcript  of 
such  record,  certified  by  the  warden,  clerk  and  a  majority  iivered  to  city 
of  the  inspectors  of  elections  for  each  ward,  shall  forth-  '^^'^^^' 
with  be  transmitted  or  delivered  by  such  ward  clerk  to 
the    clerk    of  the    city ;  and  if  the    choice  of  aldermen, 
common  councilmen  or  ward  officers  shall  not  be  effected 
on  that  day  in  any  ward,  by  reason  of  two  or  more  persons 
receiving  the  same  number  of  ballots  for  the  same  office, 
the  meeting  in  such  ward  may  be  adjourned  from  time  to 
time  to  complete  such  election. 

Section  10.      The  clerks  of  the  several  wards,  within  certificates  of 
forty-eight  hours  after  such  election,  shall  deliver  to  the  ^^'^'^^^°^- 
persons   elected   aldermen,   and   to   each   jierson   elected 
common  councilman  a  certificate  of  his  election,  certified 
by  the  warden,  clerk  and  a  majority  of  the  inspectors  of 
elections. 

Section  11.     It   shall   be   the  duty  of  the  city  clerk  citycierkto 
forthwith  to  enter  the  copies  of  the  records  of  the  several  ^ecordTupon'tL 
wards  received  from  the  ward   clerks,  certified  as   afore-  ^^JirTof  Iider- 
said,  or  a  plain  and  intelligible  abstract  of  them,  upon  the  ^en. 
journal  of  the  board  of  aldermen  or  some  book  kept  for 
that  purpose. 

23 


652  1873.— Chapter  245. 


Mayor  elect  to  SECTION  12.  The  boai'd  of  aldermeii,  "within  four  days 
board  of  alder-  after  siich  electioii,  shall  examine  the  copies  of  the  records 
"^^°*  of  the  several  wards,  and  shall  cause  the  person  that  shall 

have  received  the  greatest  number  of  ballots  for  mayor  to 
be  notified  in  writing,  of  his  election  ;  but  if  it  appears  by 
said  records  that  no  person  has  been  elected,  or  if  the 
person  elected  refuses  to  accept  the  office,  said  board  shall 
issue  their  warrants  for  a  new  election,  and  the  same  pro- 
ceedings shall  be  had  in  all  respects  as  are  herein  before 
provided  for  the  choice  of  mayor,  and  from  time  to  time 
be  repeated  until  a  mayor  is  chosen  and  accepts  said 
office. 
Provisions  for     ,   Section  13.     If  withiu  tcu  days  after  an  election  for 

examination  of  ^  t        rr- 

ballots  by  alder-  mayor,  aldcrmen,  common  councihnen  or  ward  omcers, 
tams^b/wlrd    ten  or  more  voters  of  any  ward  notify  the  city  clerk,  by  a 
lifveTto  be^^"    Written  statement,  that  they  have  reason  to  believe  that 
erroneous.         ^]^q  rctums  of  the  Ward  officers  are  erroneous,  and  shall 
specify  wherein  they  deem  them  in  error,  the  said  clerk 
shall  receive  such  statement,  and  shall  notify  the  board  of 
aldermen  thereof,  and  the  board  of  aldermen  shall  within 
four  days  thereafter  examine  the  ballots  thrown  in  said 
ward,  and  determine  the  questions  raised ;  they  shall  then 
enclose  the  ballots  in  an  envelope,  and  seal  the  same  with 
the  seal  of  the  city,  or  a  seal  provided  for  the  purpose, 
and  shall  endorse  upon  said  envelope  a  certificate  that  the 
said   ballots   have   been   recounted   and  resealed  in  con- 
formity to  law ;  and  the  ballots  sealed  as  aforesaid  shall 
be  returned  to  the  city  clerk.     They  shall  also  certify  to 
the  city  clerk  the  result  of  their  examination,  who  upon 
their  certificate  shall  alter  and  amend  such  returns  as  have 
been  found  to  be   erroneous,  and  such  amended  return 
shall  stand  as  the  true  return  of  the  ward ;  and  if  said 
examination  shall  prove  that  any  person  or  persons,  othel* 
■than  those  declared  by  the  warden  of  the  ward  to  be 
elected,  have  been  chosen  to  an  office,  the  city  clerk  shall 
forthwith  forward  to  the  person  or  persons  found  by  said 
examination   to   have  been  elected,  a  certificate  of  their 
election,  and  the  office  to  which  elected,  which  certificate 
shall  be  prima  fade  evidence  of  their  right  to  hold  said 
office. 
Mayor,  alder-         SECTION  14.     The  aldcrmeu  and   common  councilmen 
Son  councX"en  clcct  shall  ou  the  first  Monday  of  January,  at  ten  o'clock 
cravVnttoron"   ill  the  forenoon,  meet  in  their  respective  rooms  ;  and  the 
the  first  Monday  jjoai'd  of  aldcrmeu  shall  be  called  to  order  by  the  mayor 


I 


1873.— Chapter  245.  653 

elect,  or,  in  his  absence,  by  their  eldest  senior  member;  in  January  and 
and  the  common  couucilmen  shall  be  called  to  order  by 
their  eldest  senior  member,  and  on  the  appearance  of  a 
qnorum  of  each  board,  notice  shall  be  communicated  to 
the  other  of  that  fact,  and  the  two  branches  shall  then 
forthwith  meet  in  convention,  when  the  oath  or  affirma- 
tion required  by  this  act  shall  be  administered  to  the 
mayor  elect  by  the  city  clerk,  or  any  justice  of  the  peace 
for  the  county  of  Bristol ;  and  to  the  members  of  the  two 
boards  present  by  the  mayor,  or  any  justice  aforesaid ; 
and  a  certificate  of  such  oath  having  been  taken,  shall  be 
entered  in  the  journals  of  the  boards  of  aldermen  and  of 
the  common  council,  by  their  respective  clerks. 

Section  15.     After  the  organization  of  the  city  gov-  chairman  of 
ernment  as  aforesaid,  the  two  branches  shall  separate,  and  men  to  be  elected 
the  persons  chosen  and  qualified  as  aldermen  shall  meet,  ^deki  the^ab- 
and  if  a  quorum  shall  be  present,  said  board  shall  pro(;eed  sence  of  mayor, 
to  choose  a  permanent  chairman,  who  shall,  in  the  absence 
of  the  mayor,  preside  at  all  meetings  of  said  board,  and  in 
convention   of  the   two   branches ;    and   in   case    of  any 
vacancy  in  the   office   of  mayor   for   any  cause,  he  shall 
exercise  all  the  powers  and  perform  all  the  duties  of  said 
office    as   long   as  such  vacancy  continues ;  and  he   shall 
always  have  a  vote  in  said  board,  and  in  convention  of  the 
two  branches,  but  shall  not,  in  addition,  have  a  casting 
vote.     In  the  absence  of  the  mayor  and  chairman  of  the 
board  of  aldermen,  said  board  may  choose  a  chairman 
pro  tempore. 

Section  16.  The  persons  chosen  and  qualified  as  President  and 
members  of  the  common  council,  shall  meet  and  act  mou  council?'"' 
together  as  a  separate  body,  distinct  from  that  of  the 
board  of  aldermen,  except  in  those  cases  in  which  the  two 
bodies  meet  in  convention  ;  and  the  said  council  shall  have 
power  from  time  to  time  to  choose  by  ballot  one  of  their 
own  members  president,  who  shall  preside  over  their 
deliberations  and  preserve  order  and  decorum  therein,  and 
to  choose  by  ballot  a  clerk,  who  shall  be  sworn  to  the 
the  faithful  discharge  of  the  duties  of  his  office,  and  shall 
hold  his  office  until  a  successor  has  been  chosen  and 
qualified  in  his  stead.  It  shall  be  the  duty  of  the  clerk  to 
attend  said  council  when  the  same  is  in  session,  to  keep 
a  journal  of  its  acts,  votes  and  proceedings,  and  to  per- 
form such  other  duties  in  said  capacity  as  said  council 
may  require,  and  he  shall  receive  such  compensation  for 


654:  1873.— Chapter  245. 

his  services  as  the  city  council  may  determine.     In  case 
of  a  vacancy  by  death,  resignation  or  othei-wdse,  in  the 
office  of  clerk,  the  council  may  choose  by  ballot  a  clerk  to 
fill  such  vacancy.     In  the  absence  of  the  clerk,  a  clerk 
p7v   tempore   may  be   chosen.     Said   council,  for   cause, 
may  remove  the  clerk  at  any  time. 
w^d^'/aw  *^^      Section  17.     Whenever  it  shall  appear  to  the  board  of 
men  or  common  aldermen  that  there  is  a  vacancy,  by  removal  from  the 
city,  or  by  death,  resignation  or  any  other  cause,  in  the 
board  of  aldermen  or  common  council,  the  board  of  alder- 
men shall  issue  their  warrant  in  due  form  to  fill  all  such 
vacancies  in  either  of  said  boards,  and  the  same  proceed- 
ings shall  be  had,  and  adjournments,  if  necessary,  as  are 
herein  before  prescribed  for  the  annual  meeting  for  the 
election  of  aldermen  and  common  councilmen,  and  the 
person  elected  to  fill  such  vacancy  shall  be  sworn  to  the 
faithful  discharge  of  the  duties  of  his  office,  and  may  serve 
for   the   unexpired   term   for  which   the   member,  whose 
place  he  fills,  was  to  have  held  office.     But  in  case  of  a 
vacancy  in  the  common  council,  such  warrant  shall  not  be 
issued  until  the  board  of  aldermen  receive  notice  thereof 
from  said  council. 
Qualification  of       SECTION  18.      Any   Dcrsou  choscu   a    member   of  the 
to  fiu  vacancies,  board  of  aldermcu,  or  of  the  common  council,  who  shall 
not  be  qualified  at  the  organization  of  the  city  council,  on 
the  first  Monday  of  January,  or  who,  after  said  organiza- 
tion, shall  be  elected  to  fill  a  vacancy  in  either  of  said 
boards,  may  be  qualified  at  any  time  thereafter  by  the 
mayor,  in  presence  of  the  board  of  aldermen. 
kee^^e°ordo°f        SECTION  19.     Each   boai'd   shall  keep  a  record  of  its 
its  own  doings,    own  proccediugs,  and  judge  of  the  elections  of  its  own 

members. 
Proceedings  in        SECTION  20.     Whenever,  on  examination  by  the  board 

case  of  failure  to      p     ~\  ~\  p  ia  1  ninj  •  n  • 

eiectmayoror  01  aidemieu  ot  the  rctums  01  ballots  given  tor  mayor  at 
cept^offic'e.**' '**'"  the  meetings  of  the  wards,  holden  for  the  purpose  of 
electing  that  officer  last  preceding  the  first  Monday  in 
January  in  each  year,  no  person  shall  appear  to  be  chosen, 
the  board  of  aldermen,  by  whom  such  examination  is 
made,  shall  make  a  record  of  that  fact,  an  attested  copy  of 
which  the  city  clerk  shall  read  in  the  presence  of  the 
persons  returned  to  serve  as  aldermen  and  common  coun- 
cilmen, at  the  opening  of  the  convention  to  be  held  on  the 
first  Monday  in  January  in  each  year,  and  the  oath  or 
affirmation   prescribed  by  this   act  may  then  be  admin- 


1873.— Chapter  245.  655 

istered  to  the  members  elect.  The  two  bodies  shcall  then 
separate,  and  the  board  of  aldermen  may  proceed  to  elect 
a  chairman  as  provided  in  section  fifteen,  and  the  common 
conncil  a  president  and  clerk,  as  herein  before  provided, 
and  proceed  to  business  ;  and  the  board  of  aldermen  shall 
forthwith  issue  their  warrants  in  due  form  for  a  meeting 
of  the  citizens  of  the  respective  wards  for  the  choice  of  a 
mayor,  and  the  same  proceedings  shall  be  had  in  all 
respects  as  are  herein  before  prescribed  for  the  choice  of 
mayor,  and  shall  be  repeated  from  time  to  time  until  a 
mayor  shall  be  chosen  and  shall  accept  said  office ;  and 
the  oath  of  office  may  at  any  time  thereafter  in  convention 
of  the  two  branches  of  the  city  council,  be  administered  to 
the  mayor  by  the  city  clerk,  or  by  any  justice  of  the  peace 
for  the  county  of  Bristol ;  and  the  two  branches  shall 
meet  in  convention  for  that  purpose,  whenever  the  mayor 
elect  may  signify  to  them  his  readiness  to  be  qualified. 

Section  21.     Incase  of  the  decease  or  resignation  of  ^enTOcancy 
the  mayor,  or  of  his  inability  to  perform  the  duties  of  his  to  be  issed  for 
office,  the  board  of  aldermen  and  common  council  shall  mayor."*' 
respectively  by  vote  declare  that  a  vacancy  exists  in  said 
office,  and  the   cause   thereof,  whereupon   the   board   of 
aldermen  shall  issue  their  warrants  in  due  form  for  the 
election  of  a  mayor,  and  the  same  proceedings   shall  be 
had  as  are  herein  before  provided  for  the  choice  of  a  mayor  ; 
and  the  mayor  thus  elected  shall  hold  his  office  during  the 
remainder  of  the  year,  and  until  another  is  chosen  and 
qualified  in  his  stead. 

Section  22.     The  mayor  shall  be  the  chief  executive  Mayor  to  be 
officer  of  said  city.     It  shall  be  his  duty  to  be  vigilant  and  officer  of  dty!* 
active  in  causing  the  laws,  ordinances  and  regulations  of 
the  city  to  be  duly  executed  and  enforced,  and  to  exercise 
a  general  supervision  over  the  conduct  and  acts   of  all 
subordinate  officers,  and  to  examine  into  all  complaints 
preferred  against  them  for  a  violation  or  neglect  of  duty, 
and,  as  far  as  in  his  power,  cause  all  negligence,  careless- 
ness  and  violation   of  duty  to   be  duly  prosecuted   and 
punished ;  and  whenever  in  his  judgment  the  good  of  the  May  caii  meet- 
city  may  require  it,  he  may  call  meetings  of  the  board  of  amerme^^and"^ 
aldermen  and  common  council,  or  either  of  said  boards,  common  coun- 
by  causing  written  notices  to  be  left  at  the  place  of  resi- 
dence of  each  member  of  the  board  or  boards  to  be  con- 
vened, or    dehvered    to    them    in  person,  although    the 
meeting   of  said   boards,  or   either   of  them,  may  stand 


656  1873.— Chapter  245. 

adjourned  to  a  more  distant  day ;  and  he  shall  perform 

such  other   duties   as   the    city  council  may  legally  and 

reasonably  require.     The  mayor,  from  time  to  time,  shall 

communicate  to  both  branches  of  the  city  council  all  such 

information,  and  recommend  all  such  measures  as  in  his 

opinion  may  tend  to  the  improvement  of  the  finances,  the 

police,  health,  security,  cleanliness,  comfort,  government 

To  preside  in     and    omamcnt   of   the   city.      He   shall,    when   present, 

mTnaulii'^con.  pi'eside  iu  the  board  of  aldermen  and  in  convention  of  the 

vention.  ^^y^  brauchcs  of  the  city  council,  and  shall  in  all  cases 

have  a  casting  vote. 
Compensation         Section  23.     The  mayor  shall  receive   two  thousand 
men  and  com-     clollars  per  anuum  for  his  services  until  otherwise  deter- 
mon  counci  -      jjjincd  hy  the  city  council ;  but  the  amount  of  such  com- 
pensation  shall  not  be  increased  nor  diminished  during 
the  term  for  which  said  officer  shall  have  been  elected, 
nor  after  the  thirtieth  day  of  November  of  any  year.     The 
aldermen  shall  receive  one  hundred  dollars  each,  and  the 
common  councilmen  fifty  dollars  each  per  annum  in  full 
for  their  respective  services ;  and  no  committee,  joint  or 
special,  shall  receive  any  compensation. 
Sittings  to  be  Section  24.     All  sittings  of  the  mayor  and  aldermen, 

public  when  not       «      ,  •!  i         n      ^  •  -i       i      n   i 

engaged  in  exec- 01  the  commou  couucil  aud  01  the  city  council  shall  be 

utive  business.  ■,  ^.  ,  .,  .  ■,    .  j  •  i        ' 

pubhc,  when  they  are  not  engaged  m  executive  business. 

Executive  SECTION    25.       The    exeCUtivC    power    of    said    city    gen- 

vested  in  mayor  erally,  together  with  the  administration  of  the  police,  and 
a  dermen.  ^|j  ^|^^  powcrs  vcstcd  iu  the  Selectmen  of  towns  by  the 
laws  of  the  Commonwealth,  shall  be,  and  hereby  are 
vested  in  the  mayor  and  aldermen  as  fully  and  amply  as  if 
the  same  were  herein  specially  enumerated,  and  the  mayor 
and  aldermen  shall  have  full  and  exclusive  power  and 
City  marshal,  authority  to  appoint  a  city  marshal  and  such  number  of 
po"fceofficeTs^  assistaut  marshals,  constables  and  police  officers  as  they 
shall  deem  expedient ;  and  the  same  may  be  removed  by 
the  mayor  or  board  of  aldermen  at  pleasure.  The  mayor 
and  aldermen  may  require  any  person  who  may  be  elected 
or  appointed  marshal  or  constable  of  the  city  to  give  bonds 
for  the  faithful  discharge  of  the  duties  of  his  ofiice,  with 
such  security  and  to  such  an  amount  as  they  may  deem 
reasonable  and  proper,  upon  which  bonds  the  like  pro- 
ceedings and  remedies  may  be  had  as  are  by  law  provided 
in  the  case  of  constables'  bonds  taken  by  the  selectmen  of 
towns. 


1873.— Chapter  245.  657 

Section  26.     All  other  powers  vested  in  the  inhabi- Treasurer,  city 

clcrfe   &c.   to  t)G 

tants  of  towns  in  this  Commonwealth,  and  all  powers  elected  in  con- 
granted  by  this  act  shall  be  vested  in  the  mayor,  alder- 
men and  common  council  of  said  city,  to  be  exercised  by 
concurrent  vote,  each  board  to  have  a  negative  upon  the 
other ;  but  the  city  council  shall  annually,  as  soon  after 
their  organization  as  may  be  convenient,  elect  by  joint 
ballot  in  convention,  a  city  clerk,  a  city  treasurer,  asses- 
sors of  taxes,  collector  of  taxes,  auditor,  city  solicitor, 
city  physician,  engineers  of  fire  department,  one  or  more 
surveyors  of  highways,  superintendent  of  the  poor  and 
overseers  of  the  poor,  and  shall,  in  such  manner  as  the 
said  city  council  may  determine,  by  ordinance  made  for 
that  purpose,  elect  all  other  officers  necessary  for  the 
good  government,  peace  and  health  of  the  city,  not  herein 
otherwise  directed,  who  shall  hold  their  offices  for  the  To  hold  office 
term  of  one  year  from  the  first  Monday  of  March  of  each  °  °^  ^^'*'" 
year,  and  until  their  successors  shall  be  chosen  and  quali- 
fied :  j)^'ovided,  however,  that  any  officer  elected  by  the  Proviso, 
city  council  may  be  removed  at  any  time  by  said  council, 
for  sufficient  cause  ;  and  in  case  of  the  death,  resignation 
or  removal  of  any  officer  elected  by  the  city  council,  his 
place  may  be  filled  in  the  manner  provided  in  this  section 
for  the  election  of  city  officers,  and  any  person  so  elected 
shall  hold  office  only  for  the  unexpired  term  of  the  person 
who  has  ceased  to  hold  office. 

Section  27.     The  city  clerk,  elected  as  herein  before  Citycierktobe 
jDrovided,  shall  be  sworn  to  the  faithful  discharge  of  the  ^'^°™* 
duties  of  his  office,  and  shall  hold  the  same  for  one  year, 
and  until  a  successor  is  chosen  and  qualified  in  his  stead, 
but  may  at  anv  time  be  removed  by  the  city  council.     He  To  have  charge 

in,  i"  r       ^^      '  i  ^  i   of  all  journals 

shall  have  charge  oi  all  journals,  records,  papers  and  and  records  of 
docnments  of  the  city,  sign  all  warrants  issued  by  the  ^^^'^^^y- 
mayor  and  aldermen,  and  do  such  other  acts  in  his  said 
capacity  as  the  city  council  may  lawfully  and  reasonably 
require  of  him,  and  shall  deliver  over  all  journals,  records, 
papers  and  documents,  and  other  things  entrusted  to  him 
as  city  clerk,  to  his  successor  in  office,  immediately  upon 
such  successor  being  chosen  and  qualified  as  aforesaid,  or 
whenever  he  may  be  thereunto  required  by  the  city 
council.  He  shall  also  perform  all  the  duties  and  exercise 
all  the  powers  by  law  incumbent  upon,  or  vested  in  clerks 
of  towns  in  this  Commonwealth. 


65S 


1873.— Chapter  245. 


City  clerk  to  be 
clerk  of  the 
board  of  alder- 


City  clerk  pro 
tern/pore. 


Assessors  of 
taxes  to  be 
elected  in  con- 
vention and  to 
hold  office  for 
three  years. 


Board  of  school 
committee. 


Section  28.  The  city  clerk  shall  also  be  clerk  of  the 
board  of  aldermen ;  it  shall  be  his  duty  to  attend  said 
board  when  the  same  is  in  session,  and  keep  a  journal  of 
its  acts,  votes  and  proceedings ;  also  of  the  city  council 
when  in  joint  convention.  He  shall  engross  all  the  ordin- 
ances passed  by  the  city  council  in  a  book  provided  for 
that  purpose,  with  proper  indexes,  which  book  shall  be 
deemed  a  public  record  of  such  ordinances,  and  shall 
perform  such  other  duties  as  shall  be  prescribed  by  the 
board  of  aldermen. 

Section  29.  In  case  of  the  temporary  absence  of  the 
city  clerk,  the  mayor,  by  and  with  the  advice  and  consent 
of  the  board  of  aldermen,  may  appoint  a  city  clerk  j9ro 
temnjljore. 

Section  30.  The  city  council,  as  soon  as  convenient 
after  the  acceptance  of  this  act,  shall  elect  by  joint  ballot, 
in  convention,  three  persons  to  be  assessors  of  taxes,  one 
to  serve  until  the  first  Monday  of  March,  in  the  year 
eighteen  hundred  and  seventy-four,  one  to  serve  until  the 
first  Monday  of  March,  eighteen  hundred  and  seventy- 
five  and  one  to  serve  until  the  first  Monday  of  March, 
eighteen  hundred  and  seventy-six,  and  until  their  suc- 
cessors respectively  are  chosen  and  qualified.  In  each 
succeeding  year,  and  as  soon  after  the  organization  of  the 
city  council  as  may  be  convenient,  said  council  shall  elect 
by  joint  ballot,  in  convention,  one  assessor  of  taxes,  who 
shall  hold  his  office  for  the  term  of  three  years  from  the 
first  Monday  of  March,  in  said  year,  and  until  his  suc- 
cessor is  chosen  and  qualified.  The  assessors  thus  chosen 
shall  constitute  the  board  of  assessors  for  the  city,  and 
shall  exercise  the  powers  and  be  subject  to  the  duties  and 
liabilities  of  assessors  of  towns  in  this  Commonwealth, 
and  shall  be  sworn  to  the  faithful  performance  of  the 
duties  of  their  office.  All  taxes  shall  be  assessed,  appor- 
tioned and  collected  in  the  manner  prescribed  by  the  laws 
of  the  Commonwealth  :  jprovided,  however^  that  the  city 
council  may  establish  further  or  additional  provisions  for 
the  collection  thereof. 

Section  31.  The  board  of  school  committee  for  the 
city  of  Fall  River  shall  consist  of  such  number  of  persons, 
divisible  by  three,  as  the  city  council  by  ordinance,  shall 
determine,  and  shall  be  chosen  by  said  council  by  joint 
ballot,  in  convention,  and  shall  hold  their  office  for  the 
term  of  three  years,  from  the  first  Monday  of  January 


1873.— Chapter  245.  659 

following  their  election.  One-third  of  said  committee 
shall  be  chosen  annually  in  the  month  of  December,  who, 
together  with  the  members  of  the  committee  whose  term 
of  office  shall  not  expire  on  said  first  Monday  of  January, 
shall  have  the  general  charge  and  superintendence  of  the 
public  schools  of  said  city.  In  case  of  a  failure  to  elect 
during  the  month  of  December  as  aforesaid,  the  city 
council  shall  proceed  to  fill  said  vacancy ;  and  whenever 
by  reason  of  death,  resignation,  removal  or  refusal  to 
serve,  a  vacancy  shall  occur,  the  remaining  members  of 
the  school  committee  shall  give  notice  to  the  city  council 
of  the  same,  who  shall  forthwith  proceed  to  fill  said 
vacancy. 

Section  32.  The  city  council,  in  the  month  of  May  of  overseers  of  the 
the  present  year,  and  annually  thereafter  in  the  month 
of  January,  shall  elect  by  joint  ballot,  in  convention,  one 
aldermen  and  two  common  councilmen,  residents  of 
different  wards,  as  overseers  of  the  poor ;  and  the  persons 
thus  chosen  shall,  with  the  mayor  and  president  of  the 
common  council,  constitute  the  board  of  overseers  of  the 
poor  and  directors  of  the  almshouse  of  said  city ;  and 
shall  have  all  the  powers,  and  be  subject  to  all  the  duties 
belonging  to  and  incumbent  upon  overseers  of  the  poor 
and  directors  of  almshouses  in  towns  in  this  Common- 
wealth. The  mayor  shall,  ex  officio,  be  chairman  of  said 
board. 

Section  33.     The  city  council  shall  fix  the  compensa-  compensation 
tion  of  all  officers,  and  shall  define  their  duties,  so  far  as  be  fixed  by  city 
the  same  are  not  determined  by  the  laws  of  the  Common-  '^^^"^^  • 
wealth. 

Section  34.     In  all  cases  in  which  appointments  are  Appointments 
directed  to  be  made   by   the   mayor  and  aldermen,  the  mayor^ subject 
mayor  shall  have  exclusive  power  of  nomination,  being  &crby  aTder-°* 
subject,    however,    to    confirmation   or   rejection   by   the  °^'^°" 
board  of  aldermen ;  but  if  a  person  so  nominated  shall  be 
rejected,   it   shall   be   the    duty  of    the  mayor   to   make 
another  nomination,  within  one  month  from  the  time  of 
such  rejection. 

Section  35.     No  person  holding  the  office  of  alderman  Aldermen  and 
or  common  councilman,  shall,  at  the  same  time,  hold  any  ciira"nnot°to' 
office  of  emolument,  the  salary  of  which  is  paid  from  the  Ba°iali^"fofflcf 
treasury  of  the  city ;    and  the  acceptance  of   any  such  J'hI'cH ''tre°aT. 
office  by  any  member  of  the  board  of  aldermen  or  common  ury. 
council  shall  be  deemed,  and  taken  to  be,  a  resignation  of 

24 


660 


1873.— Chapter  245. 


City  council  to 
require  bonds 
from  persons 
intrusted  with 
money  and  to 
Lave  custody 
of  all  city  prop- 
erty. 


To  publish  an- 
nually an  ac- 
count of  receipts 
and  expendi- 
tures. 


Fire  department 
may  be  estab- 
lished by  ordi- 
nance. 


Engine-men, 
hosemen  and 
hook-and-lad- 
der-men  to  be 
appointed  by 
mayor  and  al- 
dermen. 


their  seat  in  said  board  ;  and  the  place  so  vacated  shall  be 
filled  as  herein  before  provided  for  vacancies  in  either  of 
said  boards. 

Section  36.  The  city  council  shall  take  care  that 
money  shall  not  be  paid  from  the  treasury  unless  granted 
or  appropriated ;  shall  secure  a  just  and  prompt  account- 
ability, by  requiring  bonds  with  sufficient  penalties  and 
sureties,  from  all  persons  entrusted  with  the  receipt, 
custody  or  disbursement  of  money  ;  and  shall  have  the  care 
and  superintendence  of  city  buildings  and  the  custody  and 
management  of  all  city  property,  with  power  to  let  or 
sell  what  may  be  legally  let  or  sold ;  and  to  purchase 
property,  real  or  personal,  in  the  name  and  for  the  use  of 
the  city,  whenever  its  interests  or  convenience  may,  in 
their  judgment,  require  it ;  and  the  city  council  shall,  as 
often  as  once  a  year,  cause  to  be  published  for  the  use  of 
the  inhabitants  of  the  city,  a  particular  account  of  receipts 
and  expenditures,  and  a  schedule  of  city  property  and  the 
city  debt. 

Section  37.  The  city  council  may,  by  ordinance, 
establish  a  fire  department,  to  consist  of  a  chief  engineer 
and  so  many  assistant  engineers,  and  so  many  enginemen, 
hosemen  and  hook-and-ladder-men  as  the  city  council  shall 
from  time  to  time  deem  the  interest  of  the  city  may 
require  ;  and  said  city  council  shall  have  authority  to  make 
such  provisions  in  regard  to  the  time  and  mode  of  appoint- 
ment, and  the  occasion  and  mode  of  removal  of  any 
ofiicer  or  member  of  said  department,  to  make  such 
requisitions  in  respect  to  their  qualifications  and  period  of 
service,  to  define  their  offices  and  duties,  to  fix  and  pay 
such  compensation  for  their  services,  and  in  general,  to 
make  such  regulations  in  regard  to  their  conduct  and 
government  as  they  shall  deem  expedient :  provided,  that 
the  appointment  of  engine-men,  hosemen,  and  hook-and- 
ladder-men  shall  be  made  by  the  mayor  and  aldermen 
exclusively.  The  engineers  of  the  department  shall  have 
all  the  powers  and  authority  in  regard  to  the  prevention 
and  extinguishment  of  fires,  and  the  performance  of  the 
other  offices  and  duties  incumbent  upon  fire  wards,  as  are 
vested  in  and  conferred  upon  firewards  and  engineers  of 
fire  departments  by  the  statutes  of  the  Commonwealth. 
They  shall  also  have  authority,  in  compliance  with  any 
ordinance  of  said  city,  to  raze  or  demolish  any  buildiug, 
wall   or   erection  which,  by  reason   of  fire  or  any  other 


1873.— Chaptee  245.  661 

cause,  may  become  dangerous  to  human  life  or  health,  or 
tend  to  extend  conflagration.  The  city  council  of  said  ^^lagemrn/of 
city  may,  by  ordinance,  make  regulations  concerning  the  fires  maybe 
management  of  fires,  and  the  conduct  of  all  persons  "uuciif  "^ 
attending  or  present  thereat,  the  removal  and  protection  of 
property,  for  the  examination  of  any  buildings  or  places 
where  combustible  materials  or  substances  are  supposed  to 
be  kept  or  deposited,  and  to  require  and  enforce  the 
removal  of  such  materials  or  substances  at  the  expense  of 
the  person  or  persons  on  whose  premises  the  same  shall 
be  found,  and  the  adoption  of  suitable  safeguards  against 
fires  and  the  loss  or  destruction  of  property  thereat.  Said 
city  council  may  construct  reservoirs  for  water,  procure 
land,  buildings,  furniture,  engines  and  such  other  apparatus 
as  may  be  necessary  for  the  pui-poses  of  the  fire  depart- 
ment, and  provide  for  the  use,  control  and  preservation 
thereof.  The  city  council  may  appropriate  and  expend  Reiieffordis. 
such  sums  of  money  for  the  relief  of  firemen  disabled  in 
the  service  of  the  city,  and  for  the  relief  of  the  fomilies 
of  firemen  killed  in  the  performance  of  their  duty,  as  they 
may  deem  just  and  proper. 

Section  38.     The  list  of  jurors  shall  be  prepared  by  jury-nst  to  be 
the  mayor  and  aldermen  in  the  manner  now  required  of  mayorlnd  ai- 
selectmen  of  towns,  and  the  list  shall  be  submitted  to  the  ^Xd"to°om-^" 
common  council  for  concurrent  action  or  amendment.    The  ^on  council  for 
mayor,  aldermen  and  city  clerk  shall  have  and  exercise  all 
the  powers  and  duties  in  regard  to  drawing  jurors,  and 
other    matters    relating    thereto,    as    are    vested  in  and 
required  of  selectmen  and  clerks  of  towns  in  this  Com- 
monwealth. 

Section  39.     The  city  council  shall  have  power  to  lay  sidewalks  may 
out    and   construct  sidewalks,   and   establish    the    width,  andabuttef'' 
height  and  grade  of  the  same  in  such  streets,  lanes  and  hai^of  afe' 
avenues  of  the  city  as  they  shall  deem  the  public  con- 
venience may  require,  and  may  assess  the  abutters  on  said 
sidewalks  one-half  the  expense  thereof,  which  assessment 
shall  constitute  a  lien  upon  the  abutting  lots  of  land,  and 
may  be  collected  in  the   same  manner  as  taxes  on  real 
estate  are  collected ;  and  such  sidewalks,  when  construct- 
ed, as  aforesaid,  shall  afterwards  be  maintained  and  kept 
in  repair  by  the  city.     No  sidewalk  constructed  in  con- 
formity with  the  provisions  of  this  act  shall  be  dug  up  or 
obstructed  in  any  part  thereof,  Avithout  the  consent  of  the 
mayor  and  aldermen. 


8  as- 
sessed for  one- 


662  1873.— Chapter  245. 

streets  and  SECTION  40.     The  saicl  coiiiicil  may  cause  the  streets, 

avenues  may  be,  ,  «,!  • ,        ,       t        ^'    -i         i  i    n         ^ 

lighted.  lanes  and  avenues  oi  the  city  to  be  hghtecl,  and  for  that 

purpose  may  erect  posts,  and  construct  lamps,  lay  gas- 
pipes  or  other  apparatus  in  said  streets,  lanes  and  avenues, 
and  do  such  other  things  as  may  be  necessary  to  carry 
into  effect  said  purpose. 

Fire  districts  SECTION  41.     They  shall  also  have  power  to  establish 

may  be  eetab-        „  t    •    '    •  .  ,  .      "^       .  -.        .  ir- 

lished.  lire    districts   withm   said   city,    and   from   time   to  time 

change  or  enlarge  the  same,  and  they  shall  have  power  to 
regulate  the  construction  of  all  buildings  to  be  erected 
within  said  fire  districts,  stipulating  their  location,  sizes 
and  the  material  of  which  the}^  shall  be  constructed, 
together  with  such  other  rules  and  regulations  as  shall 
tend  to  insure  the  same  from  fire.  They  shall  have 
authority  to  cause  balustrades  or  other  suitable  devices  to 
be  placed  u^dou  the  roofs  of  buildings  to  prevent  the  fall- 
ing of  snow  or  ice  from  the  same  into  the  streets  or  on 
the  sidewalks  thereof. 

Inspection  and        SECTION  42.     The  city  couucil  may  make  ordinances 

survey  of  lum-  •ii  I'p  • 

ber,  &c.  With   Suitable   penalties   for   the   inspection   and    survey, 

measurement  and  sale  of  lumber,  wood,  coal,  bark,  hay 
and  straw,  brought  into  or  exposed  in  the  city  for  sale. 
Ordinances  may  SECTION  43.  The  city  couucil  shall  liavc  power  witliiu 
&c.,  with  penal- said  city  to  make,  establish,  modify,  amend  or  repeal 
ing^wem/doi-  ordiiiaiices,  rules,  regulations  and  by-laws,  subject  to  the 
^^'^^-  provisions  of  this  act,  and  not  inconsistent  therewith,  or 

with  the  laws  of  the  Commonwealth,  and  to  annex 
penalties,  not  exceeding  twenty  dollars,  for  the  breach 
thereof,  for  the  following  purposes ;  to  manage  and  regu- 
late the  finances  and  property,  real  and  personal,  of  the 
city ;  to  establish,  maintain  and  regulate  a  day  and  night 
police ;  to  license  and  regulate  cartmen,  truck-owners  and 
drivers,  carriages  and  vehicles  used  for  the  transportation 
of  passengers  or  merchandise,  goods  or  articles  of  any 
kind  ;  and  assign  stands  for  the  same,  and  to  fix  the  rates 
of  compensation  to  be  allowed  to  them,  and  to  prohibit 
unlicensed  persons  from  acting  in  either  of  such  capacities  ; 
to  license  and  regulate  street-peddling ;  to  license  and 
regulate  intelligence  offices,  dealers  in  junk  and  old  metals 
and  second-hand  articles,  and  pawnbrokers ;  to  license 
inn-hold'ers,  common  victuallers,  restaurants,  saloons, 
billiard-rooms  and  bowling-alleys  ;  to  prescribe  the  places 
for  selling  hay,  straw,  wood  and  other  articles  from 
wagons  or  other  vehicles ;    to  restrain  and  regulate  the 


1873.— Chapter  245.  663 

rimning  at  large  of  cattle,  horses,  swine  or  other  animals, 
and  to  authorize  and  regulate  the  impounding  and  sale  of 
the  same  for  the  penalty  incurred  and  costs  of  proceed- 
ings ;  to  regulate  or  prohibit  the  keeping  of  cows,  swine 
and  other  animals  ;  to  prohibit  and  abate  all  nuisances  ;  to 
regulate  or  prohibit  the  flying  of  kites,  or  any  other 
practices  having  a  tendency  to  frighten  animals,  or  to 
annoy  persons  passing  in  the  streets  or  on  the  sidewalks  in 
said  city  ;  to  prevent  horse-racing  and  immoderate  driving 
in  the  streets,  lanes  or  avenues  of  said  city,  and  to 
authorize  the  stopping  of  any  one  who  shall  be  guilty  of 
so  doing ;  to  regulate  or  prohibit  swimming  or  bathing  in 
the  waters  of  the  city ;  to  regulate  the  burial  of  the  dead, 
prohibit  interments  within  such  limits  as  said  city  council 
may  prescribe,  purchase  lands  for  public  burial-places, 
direct  the  keeping  and  returning  of  bills  of  mortality,  and 
to  establish  such  regulations  for  conveying  the  dead 
through  the  streets  of  said  city,  as  the  health,  quiet  and 
order  of  the  city  may  in  their  opinion  require ;  to  prohibit 
or  regulate  the  keeping  within,  or  conveying  through,  the 
streets  of  the  city,  gunpowder,  earth  or  rock  oil,  benzole, 
benzine,  naphtha,  kerosene,  camphene,  nitro-glycerine,  or 
burning-fluids  of  any  kind,  and  other  dangerous  articles,  and 
to  provide  for  the  inspection  of  the  same  by  an  inspector 
appointed  by  them ;  and  in  case  of  violation  of  the  ordi- 
nance regulating  the  same  to  jjrovide  for  the  forfeiture 
thereof,  and  as  to  the  use  of  candles  or  lights  in  sta1)les, 
barns,  or  other  buildings ;  to  suppress  and  restrain  dis- 
orderly houses  and  houses  of  ill-fame,  gaming-tables,  the 
playing  of  cards  or  games  of  chance ;  to  destroy  all 
instruments  or  devices  employed  in  gaming ;  and  to 
restrain  and  punish  vagrants,  mendicants,  street-beggars, 
idlers  and  loungers  in  the  streets  and  on  street  corners, 
common  prostitutes  and  night-walkers ;  to  arrest  truants 
from  school  and  punish  the  same ;  to  prohibit,  regulate  or 
license  the  exhibitions  of  common  showmen,  or  of  curiosi- 
ties ;  to  prohibit  exhibitions  tending  to  create  or  encourage 
idleness  or  immorality  ;  to  prevent  and  remove  obstruc- 
tions and  incumbrances  in  and  upon  the  streets  or  side- 
walks, lanes,  avenues,  parks,  commons  or  other  public 
places  in  the  city ;  to  direct  and  regulate  the  planting, 
rearing,  trimming  and  preserving  of  ornamental  and 
shade-trees  and  shrubs  in  the  streets,  parks  and  grounds 
of  the  city ;    to  enforce  the  removal  of  snow,  or  ice  or 


664 


1873.— Chapter  245. 


dirt  from  the  sidewalks  by  the  person  or  persons  owning 
or  occupying  the  premises  fronting  thereon,  at  the  ex- 
pense of  said  person  or  persons ;  to  prevent  or  regulate 
the  erection  or  construction  of  any  stoop,  step,  platform, 
bay-window,  cellar-door,  descent  into  a  cellar  or  basement, 
sign  or  post,  or  erection  of  any  projection  from  any 
building  or  otherwise,  in,  over  or  upon  any  street  or  side- 
walk, lane  or  avenue  of  the  city,  or  the  removal  of  any 
house  or  other  building  through  the  same  ;  to  regulate  the 
construction  of  chimneys,  and  prevent  the  setting  up  or 
construction  of  stoves,  boilers  or  other  things  in  such 
manner  as  to  be  dangerous  ;  to  regulate  the  carrying  on 
of  manufactories  dangerous  in  causing  or  promoting  fires ; 
to  regulate  or  prohibit  the  manufacture,  sale  or  use  of 
fireworks  or  fire-arms,  or  building  of  bonfires  in  said  city ; 
to  require  all  such  further  or  other  acts  to  be  done,  and  to 
regulate  or  prohibit  the  doing  of  such  further  or  other 
acts  as  they  may  deem  proper  to  prevent  the  occurrence, 
and  to  provide  for  the  extinguishment  of  fires  in  said  city  ; 
to  estimate  and  determine  what  amount  of  money  may  be 
raised  to  defray  the  annual  current  expenditures  of  the 
city,  and  to  adopt  all  legal  and  necessary  measures  for 
levying  and  collecting  the  same.  The  city  council  shall 
also  have  power  to  make,  establish,  modify  and  amend  all 
such  other  ordinances,  rules,  regulations  or  by-laws  not 
contrary  to  or  conflicting  with  the  laws  of  this  state  or  the 
United  States,  as  they  may  deem  necessary  to  carry  into 
efiect  the  powers  conferred  on  it  by  this  act,  or  by  any 
other  law  of  this  Commonwealth ;  and  such  as  they  may 
deem  necessary  and  proper  for  the  good  government, 
order  and  protection  of  persons  and  property,  and  for  the 
preservation  of  the  public  health,  peace  and  prosperity  of 
said  city  and  its  inhabitants ;  which  ordinances,  rules, 
regulations  and  by-laws  shall  take  efiect,  and  be  in  force, 
from  and  after  the  time  therein  respectively  limited,  with- 
out the  sanction  or  confirmation  of  any  court  or  other 
By-laws  and  or-  authority  whatcvcr ;  provided,  that  all  such  by-laws  or 
ordinances  shall  be  presented  to  the  mayor  for  his 
approval,  which,  if  he  approve,  he  shall  sign;  if  not,  he 
shall  return  to  the  city  council,  with  his  objections,  for  a 
reviewal,  within  one  week ;  and  if  again  passed  by  a 
majority  of  each  board,  it  shall  become  a  law ;  and 
provided,  also,  that  all  by-laws,  regulations  and  ordi- 
nances now  in  force  in  the  city  of  Fall  River,  not  incon- 


dinances  to  be 
presented  to 
mayor  for  ap- 
proval, &c. 


1873.— Chapter  245.  665 

sistent  with  this  act,  shall,  until  they  expire  by  their  own 
limitation,  or  be  revised  or  repealed  by  the  city  council, 
remain  in  force ;  and  all  fines  and  forfeitures  for  the 
breach  of  any  by-law  or  ordinance  shall  be  paid  into  the 
city  treasury. 

Section  44.  The  mayor  and  aldermen  shall  have  the  Drains  and  com. 
power,  whenever  they  shall  adjudge  it  to  be  necessary  for  "eTaidThrou^if 
the  public  convenience  or  the  public  health,  to  cause  laX''''^"^^^ 
drains  or  common  sewers  to  be  laid  through  any  street  or 
private  lands,  and  may  repair  the  same  whenever 
necessary,  and  shall  pay  the  owners  of  such  lands  such  Liaijmty  of  city 
damages  as  they  may  sustain  by  the  laying  or  repairing  of  ""^  ^'^^s^^- 
said  drains  or  common  sewers ;  and  all  such  drains  or 
common  sewers  shall  be  the  property  of  the  city.  When 
any  lands  or  real  estate  shall  be  taken  by  virtue  of  this 
act,  the  proceedings  shall  be  the  same,  in  all  respects,  as 
in  the  laying  out  of  highways  or  streets.  All  persons  or 
corporations  suffering  damage  in  their  property  by  reason 
of  the  laying,  making  or  maintaining  of  any  main  drains 
or  common  sewers,  shall  have  the  same  rights  and  reme- 
dies for  ascertaiuiuo;  and  recoverino-  the  amount  of  such 
damage  as  in  the  case  of  laying  out  of  highways  or  streets. 
Every  person  who  enters  his  particular  drain  into  such 
drain  or  common  sewer,  or  who  in  any  way  receives 
benefit  thereby  for  draining  his  cellar  and  lands,  or  the 
owner  or  owners  of  land  abutting  on  said  drain  or  com- 
mon sewer,  shall  pay  the  city  a  proportionate  part  of  the 
expenses  of  making  and  repairing  the  same,  not  exceeding 
one-half  of  the  cost  thereof,  to  be  ascertained,  assessed 
and  certified  by  said  aldermen ;  and  notice  thereof  shall 
be  given  to  the  party  to  be  charged,  or  to  the  occupant  of 
the  premises  ;  and  said  aldermen  may  require  that  private 
drains  shall  be  conducted  into  the  public  drain  or  common 
sewer,  in  any  case  in  which  the  city  council  shall  judge 
the  same  necessary  or  proper  for  the  cleanliness  or  health 
of  the  city. 

Section  45.     The  mayor  and  aldermen,  with  the  con-  streets  may  be 
current  vote  of  the  common  council,  shall  have  exclusive  mayo^anTai-  ^ 
power  to  lay  out,  alter  and  fix  the  grade  of  or  discontinue  con"*r"rac*of "^ 
any  street,  sidewalk  or   town  way,   and  to  estimate  the  common  coun- 
damages  any  individual   may  sustain   thereby ;   and    any  Damages. 
person  dissatisfied  with  the  decision  of  the  city  council  in 
the   estimates   of  damages   may  make   complaint  to  the 
county  commissioners    of  the   county  of  Bristol,  at   any 


666 


1873.— Chapter  245. 


Powei-s  of 
Taoards  of  health, 
&c.,  to  be  vested 
in  city  council. 


Election  of  rep- 
resentatives to 
the  general 
court. 


Elections  of 
county,  state 
and  U.  S.  offi- 


Lists  of  qualified 
voters  to  be 
made  out  and 


meeting  held  within  one  year  after  such  decision,  where- 
upon the  same  proceedings  shall  be  had  as  are  now  by  law 
provided  in  cases  wherein  persons  are  aggrieved  by  the 
assessment  of  damages  by  the  selectmen  of  the  inhabitants 
of  towns. 

Section  46.  All  powers  and  authority  now  vested  by 
law  in  the  board  of  health  for  towns  or  in  the  selectmen 
thereof,  shall  be  vested  in  the  city  council,  to  be  by  them 
exercised  in  such  manner  as  they  may  deem  expedient, 
and  the  city  council  may  constitute  either  branch  or  any 
committee  of  their  number,  whether  joint  or  separate,  the 
board  of  health  for  all,  or  for  particular  purposes. 

Section  47.  The  mayor  and  aldermen  shall  in  each 
year  issue  their  warrants  for  calling  meetings  for  the  elec- 
tion of  the  whole  number  of  representatives  to  the  general 
court,  to  which  the  city  is  by  law  entitled,  and  the  number 
shall  be  specified  in  the  warrants. 

Section  48.  All  elections  for  county,  state  and  United 
States  officers,  who  are  voted  for  by  the  people,  shall  be 
held  at  meetings  of  the  citizens  qualified  to  vote  in  such 
elections,  in  their  respective  wards,  at  the  time  fixed  by 
law  for  these  elections  respectively  ;  and  at  such  meetings, 
all  the  votes  given  for  such  oflicers  respectively  shall  be 
assorted,  counted  and  declared  by  the  warden,  and  regis- 
tered in  open  meeting  by  causing  the  names  of  all  persons 
voted  for,  and  number  of  votes  given  for  each,  to  be 
written  in  the  ward  records  in  words  at  length.  The  ward 
clerk  shall  forthwith  deliver  to  the  city  clerk  a  certified 
copy  of  the  record  of  such  elections.  The  city  clerk  shall 
forthwith  record  such  returns,  and  the  mayor  and  alder- 
men shall,  within  two  days  after  every  such  election, 
examine  and  compare  all  such  returns  and  make  out  a 
certificate  of  the  result  of  such  elections,  to  be  signed  by 
the  mayor  and  a  majority  of  the  aldermen,  and  also  by  the 
city  clerk,  which  shall  be  transmitted  or  delivered  in  the 
same  manner  as  similar  returns  are  by  law  directed  to  be 
made  by  selectmen  of  towns ;  and  in  all  elections  for 
representatives  to  the  general  court  in  case  the  whole 
number  proposed  to  be  elected  shall  not  be  legally  chosen, 
the  mayor  and  aldermen  shall  forthwith  issue  their  war- 
rants for  a  new  election,  conformably  to  the  provisions  of 
the  constitution  and  the  laws  of  the  Commonwealth. 

Section  49.  Prior  to  every  election,  the  mayor  and 
aldermen  shall  make  out  lists  of  all  the  citizens  of  each 


1873.— Chapter  245.  667 

ward  qualified  to  vote  in  such  elections,  in  the  manner  in  ^^^^^fg"^^*^ 
which  selectmen  of  towns  are  required  to  make  out  lists  prior  to  every 
of  voters  ;  and  for  that  purpose  they  shall  have  full  access 
to  the  assessors'  books  and  lists,  and  be  entitled  to  the 
assistance  of  all  city  officers ;  and  they  shall  deliver  the 
said  lists,  so  prepared  and  corrected,  to  the  clerks  of  the 
wards,  to  be  used  at  such  elections,  and  copies  of  the  list 
for  each  ward  shall  be  posted  up  in  not  less  than  three 
public  places  in  said  ward,  at  least  seven  days  prior  to 
such  elections  ;  and  no  person  shall  be  entitled  to  vote  in 
any  ward  whose  name  is  not  borne  upon  the  list  for  that 
ward :  provided,  that  any  person  whom  the  mayor  and 
aldermen  have  decided  to  be  a  voter,  and  whose  name 
shall  not  be  borne  upon  the  list  of  the  ward  in  which  he 
claims  the  right  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  and 
before  the  closing  of  the  polls,  upon  presenting  to  the 
ward  officers  a  certificate  signed  by  the  city  clerk,  settiAg 
forth  that  the  mayor  and  aldermen  have  decided  that  he  is 
a  voter. 

Section  50.     General  meetings  of  the  citizens  qualified  Sgrof  citizens 
to  vote  mav  from  time  to  time  be  held,  to   consult  upon  to  be  heid  upon 

•^  ..  .  ,.  ■*■  the  requisition 

the  public  good,  to  give  instructions  to  their  representa-  of  fifty  qualified 

tives,  and  to  take  all  lawful  measures  to  obtain  redress  for 

any   grievances,  according   to   the   right   secured   to  the 

people  by  the  constitution  of  this  Commonwealth ;  and 

such   meetings   may  and   shall   be    duly  warned   by   the 

ma^^or  and  aldermen,  upon  the  requisition  of  fifty  qualified 

voters. 

Section  51.     All   fines,  forfeitures   and   penalties    ac-  Fines  for  breach 
cruing  for  the  breach  of  any  by-law  or  ordinance  of  the  may  be  prose- 
city  council  may  be  prosecuted  for  and  recovered  before  ih^^Ml^loun. 
the  police  court  of  the  said  city  of  Fall  River,  by  com- 
plaint or  information,  in  the  same  manner  in  which  other 
criminal   ofiences   are  now  prosecuted  before  the  police 
courts  within  this  Commonwealth,  reserving,  however,  in 
all  cases  to  the  party  complained  of  and  prosecuted,  the 
right  of  appeal  to  the  superior  court  then  next  to  be  held 
in  the  county  of  Bristol,  from  the  judgment  and  sentence 
of  the  police  court,  and  the  appeal  shall  be  allowed  in  the 
.same  terms,  and  the  proceedings  shall  be  conducted  therein 
in  the   same  manner  as  provided  in  the  statutes  of  this 
Commonwealth;    and   it   shall  be   sufficient,  in   all   such 

25 


668  1873.— Chapter  245. 

prosecutions,  to  set  forth  in  the  complaint  the  offence, 
fully,  plainly,  subtstantially  and  formally,  and  it  shall  not 
be  necessary  to  set  forth  such  by-law  or  ordinance,  or 

SbTpfidlnto*^  any  part  thereof.     All  fines,  forfeitures  and  penalties,  so 

city  treasury,  recovcred  and  paid,  shall  be  paid  to  the  treasurer  of  the 
city  of  Fall  River,  and  shall  inure  to  such  uses  as  the  city 
council  shall  direct.  When  any  person,  upon  any  convic- 
tion before  the  police  court  for  the  breach  of  any  by-law 
or  ordinance  of  the  city  council  shall  be  sentenced  to  pay 
a  fine,  or  ordered  to  pay  any  penalty  or  forfeiture  provided 
by  any  such  by-law  or  ordinance,  or  upon  claiming  an 
appeal,  shall  fail  to  recognize  for  his  appearance  at  the 
court  appealed  to,  and  there  to  prosecute  his  appeal,  and 
to  abide  the  sentence  or  order  of  the  court  thereon,  and  in 
the  meantime  to  keep  the  peace  and  be  of  good  behavior, 
and  upon  not  paying  the  fine,  penalty  or  forfeiture  and 
costs  so  assessed  upon  him,  he  shall  be  committed  to 
prison,  there  to  remain  until  he  shall  pay  such  fine,  for- 
feiture or  penalty,  and  costs,  or  be  otherwise  discharged 
according  to  law. 

Repeal.  Seotion  52.     All  such  acts  and  parts  of  acts  as  are 

inconsistent  with  the  provisions  of  this  act  shall  be  and 

Proviso.  the  same  are  repealed  :  provided,  however,  that  the  repeal 

of  the  said  acts  shall  not  affect  any  act  done  or  any  right 
accruing  or  accrued,  or  established,  or  any  suit  or  pro- 
ceeding had  or  commenced  in  any  civil  case,  before  the 
time  when  such  repeal  shall  take  eflect.  And  that  no 
offence  committed,  and  no  penalty  or  forfeiture  incurred, 
under  the  acts  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  said  repeal,  for  any  offence  committed  or  for  the 
recovery  of  any  penalty  or  forfeiture  incurred  under  the 
acts  hereby  repealed,  shall  be  affected  by  such  repeal ; 

Proviso.  ^wdi  provided,  also,  that  all  persons  who  at  the  time  when 

said  repeal  shall  take  effect,  shall  hold  any  office  under 
the  said  acts,  shall  continue  to  hold  the  same  for  the  time 
for  which  they  were  severally  elected. 

^m^*^r(fb^th        Sectiox  53.     Nothing  in  this  act  contained  shall  be  so 

legislature.^  ^  coustrued  as  to  prevent  the  legislature  from  altering  or 
amending  the  same  whenever  they  shall  deem  it  expedient, 
and  no  act  which  has  been  heretofore  repealed  shall  be 
revived  by  the  repeal  of  the  acts  mentioned  in  the  preced- 
ins:  section. 


1873.— Chapter  246.  669 

Section  54.  This  act  shall  be  void  unless  a  majority  Act  void  unie^ 
of  the  voters  of  the  city  of  Fall  Eiver,  present  and  voting  majMUyvote 
thereon  at  a  legal  meeting  called  for  that  purpose,  by  a  J^^tm fburteen 
"written  vote,  determine  to  adopt  the  same ;  and  the  quali- 
fied voters  of  the  city  shall  be  called  upon  to  give  in  their 
votes  upon  the  accej)tance  of  this  act,  at  meetings  in  the 
various  wards,  duly  warned  by  the  mayor  and  aldermen, 
to  be  held  within  fourteen  days  after  the  passage  of  this 
act ;  and  thereupon  the  same  proceedings  shall  be  had 
respecting  the  sorting,  counting,  declaring,  recording  and 
returns  of  said  votes  as  is  herein  provided  at  the  election 
of  mayor ;  and  the  mayor  and  aldermen  shall,  within  two 
days  after  said  meeting,  meet  together  and  compare  the 
returns  of  the  ward  officers ;  and  if  it  appears  that  the 
citizens  have  voted  to  adopt  this  act,  the  mayor  shall 
immediately  make  proclamation  of  the  fact,  and  thereupon, 
this  act  shall  take  eflect  and  be  in  full  force. 

Ajjproved  April  28,  1873. 

An  Act  to  establish  the  city  of  Gloucester.  qz      046 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .  The  inhabitants  of  the  town  of  Gloucester  cuy  of  oiouces- 
shall  continue  to  be  a  body  politic  and  corporate  under  the 
the  name  of  the  city  of  Gloucester,  and  as  such  shall  have, 
exercise  and  enjoy  all  the  rights,  immunities,  powers 
and  privileges,  and  shall  be  subject  to  all  the  duties  and 
obligations  now  incumbent  upon  and  pertaining  to  the  said 
town  as  a  municipal  corporation. 

Section  2.     The  administration  of  all  the  fiscal,  pru-  Government 
dential  and  municipal  afiairs  of  the  said  city,  with  the  Indcity^'S^ciL 
government  thereof,  shall  be  vested  in  one  officer,  styled 
the  mayor,  one  council  of  eight,  to  be  called  the  board  of 
aldermen,  and  one  council  of  twenty-four,  to  be  called  the 
common  council,  which   boards,  in   their  joint   capacity, 
shall  be  denominated  the  city  council ;  and  the  members 
thereof  shall  be  sworn  to  the  faithful  performance  of  their 
respective  duties.     A  majority  of  each  board  shall  consti-  Quomm. 
tute  a  quorum  for  the  transaction  of  business.     And  no 
member  of  either  board  shall  receive  any  compensation 
for  his  services. 

Section  3.     The   election   of    city   and   ward   officers  Amiuai  election. 
shall  take  place  on  the  first  Monday  of  December  of  each 
year ;  and   the   municipal  year   shall   begin   on-  tbe  first 
Monday  of  January  following. 


670  1873.— Chapter  246. 

Bivisionofto-wn      Section  4.     It  shall  be  the  duty  of  the  selectmen  of 

into  wards.  i/>i  pji-i 

said  town,  as  soon  as  may  be  after  the  passage  ot  this  act, 
and  its  acceptance  as  herein  provided,  to  divide  said  town 
into  eight  wards,  to  contain  as  nearly  as  conveniently 
may  be,  an  equal  number  of  voters,  which  division  may 
be  revised  by  the  city  council  within  two  years  from  the 
passage  hereof.  The  city  council  may,  in  the  year  eigh- 
teen hundred  and  seventy-five,  and  every  fifth  year  there- 
after, make  a  new  division  of  wards,  so  that  they  shall 
contain,  as  nearly  as  may  be  consistent  with  well  defined 
limits  to  each  ward,  an  equal  number  of  voters  in  each 
ward,  according  to  the  census  to  be  taken  in  the  month  of 
May  in  said  years. 
Election  of  ward  Section  5.  Ou  the  first  Mouday  of  December,  annu- 
ally, there  shall  be  chosen  by  ballot,  in  each  of  said  wards, 
a  warden,  clerk  and  three  inspectors  of  elections,  who 
shall  be  different  persons,  residents  in  the  ward,  and  who 
shall  hold  their  offices  one  year,  and  until  others  are 
Wardens  to  pre-  choscii  aud  qualified  in  their  stead.  Said  wardens  shall 
mettin^f^*^  prcsidc  at  all  ward  meetings,  with  the  power  of  modera- 
tors in  town  meetings  ;  and  if  at  any  meeting  the  warden 
is  not  present  the  clerk  shall  preside  until  a  warden  pro 
tempore  is  chosen  by  ballot ;  if  both  the  warden  and  clerk 
are  absent,  the  senior  in  age  of  the  inspectors  present 
shall  preside,  until  a  warden  pro  tempore  is  chosen ;  and 
if  all  said  officers  are  absent,  any  legal  voter  in  said  ward 
may  preside  until  a  warden  j9ro  tempore  is  chosen.  When 
any  ward  ofiicer  is  absent  or  neglects  to  perform  his  duty, 
Clerk andin-  his  officc  shall  bc  filled  jwo  tempore.  The  clerk  shall 
^p^''  '■^-  record   all   the   proceedings    and   certify   the   votes,  and 

deliver  to  his  successor  in  office  all  the  records  and  jour- 
nals, together  with  all  other  documents  and  papers  held 
by  him  in  his  said  capacity.     The  inspectors  shall  assist 
the  warden  in  receiving,  assorting  and  counting  the  votes. 
Ward  officersr.to  All  Said  officei's  sliall  be  sworn  to  a  faithful  discharge  of 
e  sworn.         their  duties ;  said  oath  to  be  administered  by  the  clerk 
to  the  warden,  aud  by  the  warden  to  the  clerk,  and  to  the 
inspectors,  or  to  either  of  said  officers  by  any  justice  of 
the  peace  for  Essex  County.     A  certificate  of  such  oaths 
Meetingsof  cm.  shall  be  made  by  the  clerk  upon  the  Avard  records.     All 
parpiu-poles.'"'  warrants  for  meetings  of  the   citizens  for  municipal  pur- 
poses, to  be  held  either  in  wards  or  in  general  meeting, 
shall  be  issued  by  the  mayor  and  aldermen,  and  shall  be 
in  such  form,  and  served  and  returned  in  such  manner  and 


1873.— Chapter  246.  671 

at  such  times  as  the  city  council  shall  direct.  The  com- 
pensation of  the  ward  officers  shall  be  fixed  by  the  concurrent 
vote  of  the  city  council. 

Section  6.     The  mayor  shall  be  elected  by  the  quali-  ^eJteyby\''he 
fied  voters  of  the  city  at  large,  voting  in  their  respective  voters  at  large. 
wards,  and   shall   hold   his   office  for  the  municipal  year 
next  folio  wins'  his   election,   and  until  another   shall   be 
chosen  and  qualified  in  his  place. 

Section  7.     One  alderman  and  three  common  council-  an'dthrJeTou^n. 
men  shall  be  elected  by  and  from  the  voters  of  each  ward,  ''p™''"l°^®,  „ 

^  ,  ,  ,  ft        elected  by  voters 

who  shall,  at  the  time  of  their  election,  be  residents  of  the  in  each  ward. 
wards  respectively  in  which  they  are  elected,  and  shall 
hold  their  offices  for  one  year  from  the  first  Monday  of 
January  next  following  their  election,  and  until  a  majority 
of  the  new  board  are  elected  and  qualified  in  their  places. 

Section  8.     On  the  first  Monday  of  December  annually,  Election  on  first 
the  qualified  voters  in  the  several  wards  shall  give  in  their  cembeTa'Liu-^" 
votes  by  ballot  for  mayor,  aldermen,  common  councilmeu  ''"^* 
and  school  committee,  in  accordance  with  the  provisions 
of  this  act ;  and  all  the  votes  so  given  shall  be  assorted, 
declared  and  recorded  in  open  ward  meeting,  by  causing 
the  names  of  persons  voted  for  and  the  number  given  for 
each  to  be  written  in  the  ward  records  at  length.     The  certificates  of 
clerk   of  the  ward,  within  twenty-four  hours  thereafter, 
shall  deliver  to  each  person  elected  a  member  of  the  com- 
mon council  a  certificate  of  his  election,  signed  by  the 
warden  and  clerk  and  a  majority  of  the  inspectors  of  elec- 
tions, and  shall  deliver  to  the  city  clerk  a  copy  of  the 
record  of  such  elections,  certified  in  like  manner  :  provided, 
however,  that  if  the  choice   of  members  of  the  common 
council  shall  not  be  efiected  on  that  day  in  any  ward,  the 
meeting  in  such  ward  may  be  adjourned  from  time  to  time 
to  complete  such  election.     The  board  of  aldermen  shall,  fe^'notmedby" 
within   ten    days   thereafter,  examine   the   copies    of  the  '^^^^'^  of  ai'ier- 
records  of  the  several  wards,  certified  as  aforesaid,  and 
shall  cause  the  person  who  shall  have  been  elected  mayor 
to  be  notified  in  writing  of   his  election ;    but  if  it  ap-  ^  efecmayoJ?or 
pears  that  no  person   has  been  elected,  or  if  the  person  ws  refusal  to  ac- 
elected  refuses  to  accept  the  office,  the  board  shall  issue 
warrants  for  a  new  election,  and  the  same  proceedings 
shall  be  had  in  all  respects  as  are  herein  before  provided 
for  the  choice  of  mayor,  and  from  time  to  time  shall  be 
repeated  until  a  mayor  is  chosen  and  accepts  said  office. 
In  case  of  the  decease,  resignation  or  absence  of  the  mayor, 


672 


1873.— Chapter  246. 


Vacancy  by 
death,  resigna- 
tion, &c. 


Aldermen  and 
eouncilmen  to 
meet  in  conven- 
tion first  Mon- 
day of January 
and  be  sworn. 


Common  coun- 
cil to  be  organ- 
ized by  choice  of 
a  president  and 
elerk. 


City  council  to 
organize  in  ab- 
sence or  non- 
election  of 
mayor. 


President  of 
board  of  alder- 
men pro  tern. 


or  in  case  of  a  vacancy  in  the  office  of  mayor  from  any 
cause,  or  of  his  inability  to  perform  the  duties  of  his  office-, 
it  shall  be  the  duty  of  the  board  of  aldermen  and  common 
council,  respectively,  by  vote  to  declare  that  a  vacancy 
exists,  and  the  cause  thereof;  and  thereupon  the  two 
boards  shall  meet  in  convention  and  elect  a  mayor  to  fill 
such  vacancy ;  and  the  mayor  thus  elected  shall  hold  his 
office  until  the  inability  causing  such  vacancy  shall  be 
removed,  or  until  a  new  election.  Each  alderman  shall 
be  notified  in  writing  of  his  election  by  the  mayor  and 
aldermen  for  the  time  being.  The  oath  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 
Essex.  The  aldermen  and  common  eouncilmen  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  administered  to  the  members  of  the 
two  boards  present,  by  the  mayor,  or  by  any  justice  of 
the  peace  for  the  county  of  Essex ;  and  a  certificate  of 
such  oath  having  been  taken,  shall  be  entered  on  the 
journal  of  the  mayor  and  aldermen  and  of  the  common 
council  by  their  respective  clerks.  And  whenever  it  shall 
appear  that  a  mayor  has  not  been  elected  previous  to  the 
first  Monday  of  January  aforesaid,  the  mayor  and  alder- 
men for  the  time  being  shall  make  a  record  of  that  fact, 
an  attested  copy  of  which  the  city  clerk  shall  read  at  the 
opening  of  the  convention  to  be  field  as  aforesaid.  After 
the  oath  has  been  administered  as  aforesaid,  the  two 
boards  shall  separate,  and  the  common  council  shall  be 
organized  by  the  choice  of  a  president  and  clerk,  to  hold 
their  offices  respectively  during  the  pleasure  of  the  com- 
mon council,  the  clerk  to  be  under  oath  faithfully  to  per- 
form the  duties  of  his  office.  In  case  of  the  absence  of 
the  mayor  elect  on  the  first  Monday  of  January,  or  if  the 
mayor  shall  not  then  have  been  elected,  the  city  council 
shall  organize  itself  in  the  manner  herein  before  provided, 
and  may  proceed  to  business  in  the  same  manner  as  if  the 
mayor  was  present ;  and  the  oath  of  office  may,  at  any 
time  thereafter,  in  convention  of  the  two  boards,  be 
administered  to  the  mayor  and  any  member  of  the  city 
council  who  may  have  been  absent  at  the  organization. 
In  the  absence  of  the  mayor,  the  board  of  aldermen  may 
choose  a  presiding  officer  pro  tempore,  who  may  also  pre- 
side at  the  joint  meetings  of  the  two  boards.     Each  board" 


1873.— Chapter  246.  '  673 

shall  keep  a  record  of  its  ovni  proceedings,  and  judge  of  kJ'ep  r^ecordof 
the  election  of  its  own  members ;  and  in  case  of  failure  of  j.ee^g^'"°" 
election,  or  in  case  of  vacancy  declared  by  either  board, 
the  mayor  and  aldermen  shall  issue  their  warrant  for  a 
new  election. 

Section  9.     The  mayor   shall  be  the  chief  executive  Mayor  to  be 
officer  of  the  city.     It  shall  be  his  duty  to  be  active  and  offi^r  of citjf 
vigilant  in  causing  the  laws  and  regulations  of  the  city  to 
be  enforced,  and  to  keep  a  general  supervision  over  the 
conduct  of  all  the  subordinate  officers.     Whenever  in  his  May  remove 

.     .  ,1  1  T  1  •  1  -xi     officers -with 

opinion  the  public  good  so  requires,  he  may  remove,  with  couseutof  tbe 
the   consent   of  the   appointing   power,  any  officer   over  powe°.''°^ 
whose  appointment  he  has,  in   accordance  with  the  pro- 
visions of  this  charter,  exercised  the  power  of  nomination. 
He  may  call  special  meetings  of  the  boards  of  aldermen 
and  common  council,  or  either  of  them,  when  in  his  ojDin- 
ion  the  interests  of  the  city  require  it,  by  causing  notice 
to  be  left  at  the  usual  place  of  residence  of  each  member 
of  the  board  or  boards  to  be  convened.     He  shall,  from 
time  to  time,  communicate  to  both  boards  such  informa- 
tion, and  recommend  such  measures,  as  the  business  and 
interests  of  the  city  may  in  his  opinion  require.     He  shall  bo^ard^oliMw- 
preside  in  the  board  of  aldermen,  and  in  convention  of  the  ™ mion*^ '° ''°°" 
two   boards-,  but   shajl^  have   a   casting   vote    only.     His 
salary,  for  the  first  five  years  under  this  charter,  shall  be  Mayor's  salary. 
fixed  by  the  city  council,  but  shall  not  exceed  the  sum  of 
five  hundred  dollars  per  annum.     Afterwards  it  shall  be 
such   as   the   city  council   shall   determine.     It   shall  be 
payable  at  stated  periods,  but  shall  not  at  any  time  be 
increased  or  diminished  during  the  year  for  which  he  is 
chosen.     He  shall  receive  no  other  compensation. 

Section  10.      Every   ordinance,    order,    resolution   or  Every  ordinance 
vote  to  which  the  concurrence  of  the  board  of  aldermen  ing  a  concurrent 

1       /«   ,  1  'IT  i.      „        'vote  to  be  sub- 

and  of  the  common  council  may  be  necessary,  except  on  a  muted  to  the 
question  of  a  convention  of  the  two  branches,  and  every  provai/""^  ^^' 
order  of  either  branch  involving  the  expenditiu*e  of  money, 
shall  be  presented  to  the  mayor ;  if  he  approves  thereof, 
he  shall  signify  his  approbation  by  signing  the  same ;  but 
if  not,  he  shall  return  the  same  with  his  objections,  to  the 
branch  in  which  it  originated,  which  shall  enter  the  objec- 
tions of  the  mayor  at  large  on  its  records,  and  proceed  to 
reconsider  said  ordinance,  order,  resolution  or  vote ;  and 
if  after  such  reconsideration,  two-thirds  of  the  board  of 
aldermen  or  common  council  present  and  voting  thereon, 


674  1873.— Chapter  246. 

notwithstanding  such  objections,  agree  to  pass  the  same, 
it  shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  city  council,  if  it  originally  required  con- 
current action,  where  it  shall  also  be  reconsidered,  and  if 
approved  by  two-thirds  of  the  members  present  and  voting 
thereon  it  shall  be  in  force ;  but  in  all  cases  the  vote  shall 
be  determined  by  yeas  and  nays.  If  any  such  ordinance, 
order,  resolution  or  vote  is  not  returned  by  the  mayor 
within  ten  days  (Sundays  excepted)  after  it  is  presented, 
it  shall  be  in  force.  But  the  veto  power  of  the  mayor 
shall  not  extend  to  the  election  of  officers  required  by  any 
law  or  ordinance  to  be  chosen  by  the  city  council  in  con- 
vention, or  by  concurrent  action,  unless  expressly  so 
provided  therein.  In  all  cases  where  anything  is  or  may 
be  required  or  authorized  by  any  law  or  ordinance  to  be 
done  by  the  mayor  and  aldermen,  the  board  of  aldermen 
shall  first  act  thereon ;  and  any  order,  resolution  or  vote 
of  said  board  shall  be  presented  to  the  mayor  for  his 
approval,  in  the  manner  provided  in  this  section. 
Executive  SECTION  11.     The  cxecutive  power  of  said  city,  with 

m^ayorlndli-*"  all   the   powcrs   heretofore   vested   in   the    selectmen    of 
deriiien.  Glouccstcr,  shall  bc  vcstcd  in,  and  may  be  exercised  by 

the  mayor  and  aldermen  as  fully  as  if  the  same  were 
Constables  and  herein  Specially  enumerated.     The  mayor  and  aldermen 

police  onicers.  ^  "      -,  ,  *^         . 

shall  have  full  and  exclusive  power  to  appoint  a  constable 
or  constables,  and  a  city  marshal  and  assistants,  with  the 
powers  and  duties  of  constables,  and  all  police  officers, 
and  the  same  to  remove  at  pleasure.  And  the  mayor  and 
aldermen  may  require  any  person  who  is  appointed  mar- 
shal or  constable  of  the  city  to  give  bonds  for  the  faithful 
discharge  of  the  duties  of  the  office,  with  such  security 
and  to  such  amount  as  they  may  deem  reasonable  and 
proper,  upon  which  bonds  the  like  proceedings  and 
remedies  may  be  had  as  are  by  law  provided  in  case  of 
constables'  bonds,  taken  by  the  selectmen  of  towns.  The 
Compensation  compcnsatiou  of  thc  policc  shall  be  fixed  by  the  mayor 
ofpouce.  ^^^  aldermen,  and  the  compensation  of  the  other  subordi- 

nate officers  shall  be  fixed  by  concurrent  vote  of  the  city 
City  council  to  couucil.  The  city  council  shall  have  the  care  and  super- 
urproperty^^^'  intcndeuce  of  the  city  buildings  and  the  custody  and 
management  of  all  city  property,  with  power  to  let  or  to 
sell  what  may  legally  be  let  or  sold,  and  to  purchase  or 
hire  property,  real  or  personal,  in  the  name  and  for  the 
use  of  the  city  whenever  its  interests  or  convenience  may, 


1873.— Chaptee  246.  675 

in  their  iuclmnent,  require  it.     And  they  shall,  as  often  as  Annual  report 

,        I  -1  !•   1       1     ^         J.1  i»    J.1        of  receipts  and 

once  a  year,  cause  to  be   published   tor  the  use    oi   the  expenditures. 
inhabitants,  a  particular  account  of  the  receipts  and  ex- 
penditures and  a  schedule  of  city  property,  and  of  the 
city  debts. 

Section  12.     In  all  cases  in  which  appointments  are  Appointments 
directed   to   be  made   by  the   mayor   and   aldermen,  the  afd™me°n.  ^° 
mayor  shall  have  the  exclusive  power  of  nomination,  being 
subject,  however,    to    confirmation   or   rejection   by    the 
board  of  aldermen ;  and  no  person  shall  be   eligible  by 
appointment  or  election  to  any  oiEce  of  emolument,  the 
salary  of  which  is  payable  out  of  the  city  treasury,  who, 
at  the  time  of  such  appointment  or  election,  is  a  member 
of  the  board  of  aldermen  or  of  the  common  council.     All  fcutive^^'be*'^" 
sittings  of  the  mayor  and  aldermen,  of  the  common  coun-  p-Jtiic. 
cil,  and  of  the  city  council  shall  be  public  when  they  are 
not  engaged  in  executive  business. 

Section  13.     The  city  council  shall  annually,  as  soon  Treasurer,  coi- 
after  their  organization  as  may  be  convenient,  elect  by  &c.?to  be  elected 
joint  ballot  in  convention,  a  treasurer,  collector  of  taxes,  coiventton!"' "* 
city  clerk,  one  or  more  superintendents  of  highways,  and 
a  city  physician,  and  by  concurrent  vote  a  city  solicitor 
and  city  auditor,  who  shall  hold  their  offices  respectively 
for  the  term  of  one  year,  and  until  their  successors  are 
chosen  and  qualified :  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. 

Section  14.  The  city  council  shall  annually,  in  the  chiefengineer 
month  of  January,  elect  by  joint  ballot  in  convention,  a  Joint St.^  ^^ 
chief  engineer  of  the  fire  department,  and  as  many  assist- 
ant engineers,  not  exceeding  twelve,  as  they  may  deem 
expedient,  who  shall  hold  their  offices  for  the  term  of  one 
year  from  the  first  Monday  of  February  next  ensuing,  and 
until  their  successors  are  chosen  and  qualified.  The  city 
council  may  at  any  time  remove  any  elected  member  of 
the  said  board  from  office  for  cause.  The  compensation 
of  the  officers  mentioned  in  the  last  two  sections  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-  me^ind^be^"' 
formance  of  his  duties.     He  shall  perform  such  duties  as  ^'^°™' 
may  be  prescribed  by  the  board  of  aldermen  ;  and  he  shall 
perform  all  the  duties  and  exercise  all  the  powers  incum- 
bent by  law  upon  him.     He  shall  deliver  to  his  successor 

26 


676  1873.— Chapter  246. 

in   office,  as  soon  as  chosen   and  qualified,  all  journals, 
records,  papers,  documents  or  other  things  held  by  him 
in  his  capacity  as  city  clerk. 
citycounciito        SECTION  16.     The  citv  couucil  shall,  in  such  manner  as 

appoint  other         .  ,  .^  •  1 1        i  it 

subordinate  they  may  determme,  elect  or  apponit  all  other  subordmate 
officers,  for  whose  election  or  appointment  other  provision 
is  not  herein  made,  define  their  duties  and  fix  their  com- 
pensation. 

Officers  to  die.        Segtion  17.     All  citv  and  ward  officers  shall  be  held 

charge  their  du-    ,-,.■,  i        t       •  i^     a  /v«  I'li 

ties  after  re-       to  dischargc  the  dutics  of  the  omces  to  which  they  have 

mo val to  another  ■.  j.*       i  i       j.     i  j_     '^i     j_        t  ^i      •  i 

ward.  been  respectively  elected,  notwithstanding  their  removal 

after  their  election  out  of  their  respective  wards  into  any 
other  wards  of  the  city ;  but  a  permanent  residence  out  of 
the  city  shall  cause  a  vacancy  to  exist  in  the  offices  to 
which  they  were  elected. 

Payments  from       SECTION  18.     The  city  couucil  shall  take  care  that  no 

the  treasury.  "^ 

money  is  paid  from  the  treasury  unless  granted  or  appro- 
priated, and  shall  secure  a  just  and  proper  accountability 
by  requiring  bonds  with  sufficient  penalties,  and  sureties 
from  all  persons  intrusted  with  the  receipt,  custody  or 
disbursement  of  money. 
Overseers  of  the  SECTION  19.  The  city  couucil  elected  in  December,  in 
ed  by  joint  bai-   the   year   eighteen   hundred   and   seventy-three,  shall   as 

lot,  to  hold  office  i»i.         j.i      •  •      j.*  u  •       i.       i      i. 

for  three  years,  soou  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  con- 
venient, elect  in  the  same  manner  one  person,  who  shall 
hold  his  office  for  the  term  of  three  years  next  ensuing, 
and  until  another  is  elected  and  qualified  in  his  stead. 
The  persons  so  elected  shall,  with  the  mayor  and  president 
of  the  common  council,  constitute  the  board  of  the  over- 
.seers  of  the  poor.     The  mayor  shall  be,  ex  officio,  chair- 

vacancies.  mail  of  the  board.  Vacancies  occurring  in  the  board  may 
be  filled  by  joint  ballot  of  the  city  council  at  any  time,  the 
member  so  elected  to  hold  office  only  for  the  unexpired 
term  of  the  member  who  has  ceased  to  hold  office.  The 
city  couucil  may  at  any  time  remove  any  elected  member 
of  the  said  board  from  office  for  cause.  The  compensa- 
tion of  the  overseers  of  the  poor  shall  be  fixed  by  con- 
current vote  of  the  city  council.  The  board  shall  be 
organized  annually  on  the  third  Monday  in  January,  or  as 
soon  thereafter  as  may  be  convenient. 


1873.— Chapter  246.  677 

Section  20.     The  city  council  elected  in  December,  in  Assessors  of 

.-.  -li  1T1T  i.j.1.  in  taxes  to  be  elect- 

tne  year  eighteen  hundred  and  seventy-three,  shall  as  soon  ed  by  concur- 
after  their  organization  as  may  be  convenient,  elect  by  ho"ro*ffice''for**^ 
concurrent  vote  three  persons  to  be  assessors  of  taxes,  ^^^^^  y^^*"^- 
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 
is  elected  and  qualified  in  his  stead.  The  persons  so 
elected  shall  constitute  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  vacancies. 
board  may  be  filled  by  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.  All  taxes  shall  be  assessed,  apportioned  and  col- 
lected in  the  manner  prescribed  by  the  general  laws  of  the 
Commonwealth :  provided,  hoivever,  that  the  city  council 
may  establish  further  or  additional  provisions  for  the  col- 
lection thereof.  The  compensation  of  the  assessors  shall 
be  fixed  by  concurrent  vote  of  the  city  council. 

Section  21.  The  qualified  voters  of  each  ward,  at  Assistant  asses- 
their  respective  annual  ward  meetings  for  the  choice  of 
officers,  shall  elect  by  ballot  one  person  in  each  ward,  who 
shall  be  a  resident  of  said  ward,  to  be  an  assistant  asses- 
sor, whose  compensation  shall  be  fixed  by  the  city  council ; 
and  it  shall  be  the  duty  of  the  persons  so  chosen  to  furnish 
the  assessors  with  all  necessary  information  relative  to 
persons  and  property  taxable  in  their  respective  wards ; 
and  they  shall  be  sworn  to  the  faithful  performance  of 
their  duty. 

Section  22.     The  qualified  voters  of  the  city  shall,  on  school  commit- 
the   first    Monday   of  December,    in  the   year    eighteen  nhiepeZ'^"^ 
hundred  and  seventy-three,  elect  by  ballot,  nine  persons  voTer'sfwuh'the 
to   be   members    of  the    school   committee,    three   to  be  mayor,  ex  c#. 
chosen  for  three  years,  three  for  two  years,  and  three  for 
one  year,  from  the  first  Monday  of  January,  in  the  year 
eighteen  hundred  and  seventy-four ;  and  thereafter  three 
persons  shall  be  chosen,  at  each  annual  meeting,  for  the 
term  of  three  years  from  the  first  Monday  of  January 
next  ensuing ;  and  the  persons  so  chosen  shall,  with  the 
mayor,  constitute  the    school    committee,    and   have   the 
care  and  superintendence  of  the  public  schools,  and  shall 


678 


1873.— Chaptee  246. 


Vacancies  in 
school  commit- 
tee and  assistant 
assessors,  how 
filled. 


City  council  to 
lay  out  streets, 
fix  grades  and 
estimate  dam- 
ages. 


Inspection  of 
lumber,  coal, 

&c. 


serve  without  pay.  The  mayor  shall  be  ex  officio  chair- 
man of  the  board,  and  all  the  rights  and  obligations  of  the 
town  of  Gloucester,  in  relation  to  the  grant  and  appropria- 
tion of  money  to  the  support  of  the  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  obligations  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  appropriations  are  made  for  other  city 
purposes. 

Section  23.  Should  there  fail  to  be  a  choice  of 
members  of  the  school  committee  or  assistant  assessors  on 
the  day  of  the  annual  election,  the  vacancies  occuring  by 
such  failure  shall  be  filled,  in  the  case  of  the  school 
committee,  by  a  joint  ballot  of  the  city  council  and  school 
committee,  and  in  case  of  the  assistant  assessor,  by  a 
concurrent  vote  of  the  city  council ;  and  vacancies  there- 
after occurring,  shall  be  filled  in  like  manner. 

Section  24.  The  city  council  shall  have  exclusive 
authority  and  power  to  lay  out  any  new«street  or  town 
way,  or  sidewalks,  and  fix  the  width,  height  and  grade  of 
the  same,  and  to  estimate  the  damages  any  individual  may 
sustain  thereby ;  but  the  same  shall  first  be  acted  upon  by 
the  mayor  and  aldermen,  and  any  person  dissatisfied  with 
the  decision  of  the  city  council  in  the  estimate  of  damages, 
may  make  complaint  to  the  county  commissioners  of  the 
county  of  Essex,  at  any  meeting  held  within  one  year 
after  such  decision,  whereupon  the  same  proceedings  shall 
be  had  as  are  now  provided  by  the  laws  of  this  Common- 
wealth, in  cases  where  persons  are  aggrieved  by  the 
assessment  of  damages  by  selectmen,  as  set  forth  in  the 
forty-third  chapter  of  the  General  Statutes. 

Section  25.  The  city  council  may  make  by-laws,  with 
suitable  penalties,  for  the  inspection  and  survey,  measure- 
ment and  sale  of  lumber,  wood,  hay,  coal  and  bark, 
brought  into  or  exposed  in  the  city  for  sale  ;  and  shall  have 
the  same  powers  as  the  town  had  in  reference  to  the 
suspension  of  the  laws  for  the  protection  and  preserva- 
tion of  useful  birds,  and  of  all  other  laws,  the  operation 
or  suspension  of   which  is  subject  to  the  action  of  the 


1873.— Chapter  246.  679 

town  thereon.     The  city  council  may  also  make  all  such  By-laws,  with 

salutary  and  needful  by-laws,   as  towns,  by  the  laws  of  ceeding twenty" 

this  Commonwealth,  have  power  to  make  and  establish,  '^°"''"* 

and  to  annex  penalties  not  exceeding  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  subject  to 

the  approval  of  the  mayor :  provided,  howevei^  that  all  Pro"5^«>. 

laws  and  regulations  in  force  in  the  town  of  Gloucester 

shall,  until  they  expire  by  their  own  limitation,   or   are 

revised  or  repealed  by  the  city  council,  remain  in  force ; 

and  all  fines  and  forfeitures  for  the  breach  of  any  by-law 

01"  ordinance,  shall  be  paid  into  the  city  treasury. 

Section  26.     All  elections  of  national,   state,  county  Election  of  na- 
and  district  officers,  who  are  voted  for  by  the  people,  shall  county  and  dis- 
be  held   at  meetings  of  the  citizens  qualified  to  vote  at  *"*^*  officer. 
such    elections,    in   their   respective   wards,    at  the  time 
fixed  by  law  for  these  elections  respectively. 

Section  27.     Ten   days   prior   to   every  election,   the  Lists  of  voters  to 
mayor  and  aldermen  shall  make  out  lists  of  all  the  citizens  days  prior  to 
of  each  ward  qualified  to  vote  in  such  elections,  in  the  uvereTtoTlr^d^" 
manner  in  which  selectmen  of  towns  are  required  to  make  ''^®*^- 
out  lists  of  voters ;  and  for  that  purpose  they  shall  have 
full   access   to   the   assessors'   books    and   lists,    and   are 
empowered   to  call   for  the  assistance  of  the  assessors, 
assistant  assessors  and  other  city  officers  ;  and  they  shall 
deliver  the  lists  so  prepared  and  corrected  to  the  clerks  of 
the  several  wards,  to  be  used  at  such  elections ;   and  no 
person  shall  be  entitled  to  vote  whose  name  is  not  borne 
on  such  list.     A  list  of  the  voters  in  each  ward  shall  be  To  be  posted  in 

,      T    .  1  1 .         T  •  1  1  each  ward. 

posted  m  one  or  more  public  places  m  each  ward. 

Section  28.  General  meetings  of  the  citizens  quali-  i^ga^JfciuzeM. 
fied  to  vote  may  from  time  to  time  be  held  to  consult 
upon  the  public  good,  to  instruct  their  representatives, 
and  to  take  all  lawful  means  to  obtain  redress  for  any 
grievances,  according  to  the  right  secured  to  the  people 
by  the  constitution  of  this  Commonwealth,  and  such 
meetings  may  and  shall  be  duly  warned  by  the  mayor  and 
aldermen,  upon  the  request  in  writing,  setting  forth  the 
purposes  thereof,  of  fifty  qualified  voters. 

Section  29.     All  power  and  authority  now  vested  by  ^P^","^'^''^'''^ 
law  in  the  board  of  health  of  the  town  of  Gloucester,  or  vested  in  city 
in  the  selectmen  thereof,  shall  be  transferred  to  and  vested  *'°"°^'^' 


680 


1873.— Chapter  246. 


Powers  of  select- 
men relating  to 
fire  department 
transferred  to 
mayor  and  al- 
dermen. 

Council  may  es- 
tablish fire  lim- 
its, and  regulate 
construction  of 
buildings. 


Repeal  of  incon- 
sistent acta. 


Proviso. 


First  meeting 
for  election  of 
city  officers. 


Transcript  of 
records  in  each 
■ward  to  be  re- 
turned to  the 
seloctmen. 


in  the  city  council,  to  be  by  them  exercised  in  such 
manner  as  they  may  deem  expedient. 

Section  30.  All  power  and  authority  now  vested  in 
the  selectmen  of  said  town  in  relation  to  the  fire  depart- 
ment 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  said  city,  and  from 
time  to  time  change  and  enlarge  the  same ;  and  by  ordi- 
nance they  shall  regulate  the  construction  of  all  buildings 
erected  within  said  fire  limits,  stipulating  their  location, 
size  and  the  materials  of  which  they  shall  be  constructed, 
together  with  such  other  rules  and  regulations  as  shall 
tend  to  insure  the  same  from  damage  by  fire. 

Section  31.  All  acts  and  parts  of  acts  inconsistent 
with  this  act  are  repealed :  provided,  however,  that  the 
repeal  of  the  said  acts  shall  not  effect  any  act  done,  or  any 
right  accruing  or  accrued  or  established,  or  any  suit  or 
proceeding  had  or  commenced  in  any  civil  case  before  the 
time  when  such  repeal  shall  take  efiect;  and  that  no 
ofience  committed,  and  no  penalty  or  forfeiture  incurred 
under  any  act  hereby  repealed,  and  before  the  time  when 
such  repeal  may  take  eifect,  shall  be  afiected  by  the 
repeal ;  and  that  no  suit  or  prosecution  pending  at  the 
time  of  the  said  repeal,  for  any  ofience  committed  or  for 
the  recovery  of  any  penalty  or  forfeiture  incurred  under 
said  acts,  shall  be  afiected  by  such  repeal ;  and  provided, 
also,  that  all  persons  who,  at  the  time  such  repeal  takes 
efiect,  shall  hold  any  office  under  the  said  acts,  shall 
continue  to  hold  the  same  until  the  organization  of  the 
city  government,  contemplated  by  this  charter,  shall  be 
completely  efiected. 

Section  32.  For  the  purpose  of  organizing  the  sys- 
tem of  government  hereby  established,  and  putting  the 
same  in  operation  in  the  first  instance,  the  selectmen 
of  the  town  of  Gloucester,  for  the  time  being,  shall  issue 
their  warrants  seven  days  at  least  previous  to  the  first 
Monday  of  December  of  the  present  year,  calling  meet- 
ings of  the  citizens  of  each  ward  on  that  day,  at  such 
place  and  hour  as  they  may  deem  expedient,  for  the 
purpose  of  choosing  a  warden,  clerk  and  inspectors  of 
each  ward,  and  all  other  officers  whose  election  is  pro- 
vided for  in  the  preceding  sections  of  this  act ;  and  the 
transcripts  of  the  records  in  each  ward  specifying  the 
votes  given  for  the  several  officers  aforesaid,  certified  by 


1873.— Chapter  247.  681 

the  warden  aud  clerk  of  the  ward  at  said  first  meeting, 
shall  be  returned  to  said  selectmen,  whose  duty  it  shall  be 
to  examine  and  compare  the  same,  and  in  case  such 
elections  should  not  be  completed  at  the  first  meeting 
then  to  issue  new  warrants  until  such  elections  shall  be 
completed,  and  to  give  notice  thereof  in  the  manner 
before  provided  to  the  several  persons  elected ;  and  at 
said  first  meeting  a  list  of  voters  in  each  ward,  prepared 
and  corrected  by  the  selectmen  for  the  time  being,  shall 
be  delivered  to  the  clerk  of  each  ward  when  elected,  to  be 
used  as  herein  before  provided.  After  the  choice  of  the 
city  officers  as  aforesaid,  or  a  majority  of  both  boards, 
the  selectmen  shall  appoint  a  place  for  their  first  meeting, 
and  shall,  by  wi'itten  notice  left  at  the  place  of  residence 
of  each  member,  notify  them  thereof.  And  after  this 
first  election  of  city  officers,  and  this  first  meeting  for  the 
organization  of  the  city  council,  the  day  of  holding  the 
annual  elections  and  the  day  and  hour  for  the  meeting  of 
the  city  council  for  the  purpose  of  organization,  shall 
remain  as  provided  in  said  eighth  section  of  this  act.  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  33.     This  act  shall   be   void,  unless   the   in-  Act  void unieee 
habitants    of    the   town   of    Gloucester,   at  a  legal  town  mafJrity  vote 
meeting  called  for  that  purpose,  shall  within  ninety  days  day^!° ''"'®*^ 
from  the  passage  of  this  act,  by  a  vote  of  a  majority  of 
the   voters   present,  and   voting    thereon    as    hereinafter 
provided,  determine  to  adopt  the  same.     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  elections  of  state  officers. 

Section  34.     This  act  shall  take  effect  upon  its  passage. 

Apjjroved  Ajyril  28,  1873. 
An  Act  in  addition  to  an  act  to  authorize  the  purchase  of  (Jj^     247 

LAND   FOR  A   CAMP-GROUND  FOR  THE  JIILITIA. 

Be  it  enacted,  &c.,  as  folloios  : 

Section  1 .     The  governor,  by  and  with  the  advice  and  Governor  and 

/.      ,  ~.T  1       •  '        1      1        n       n       ^        council  may 

consent  oi  the  council,  may  designate  m  behalf  of  the  take  land  for  a 
Commonwealth,  not  exceeding  two  hundred  acres  of  land,  th™mfiuia." 
to  be  held  aud  used  for  the  purposes  named  in  the  act  to 
which  this  is  in  addition,  and  if  any  owner  thereof  refuses 
to  sell  the  same,  or  demands  therefor  a  price  deemed  by 


682  1873.— Chapter  248. 

the  governor  and  council  unreasonable,  the  governor  and 
council  shall  proceed  to  take  and  lay  out  said  land  for  the 
purpose  aforesaid,  and  to  appraise  the  damages  to  such 
owner,  in  the  manner  provided  for  laying  out  highways 
and  appraising  damages  sustained  thereby. 
A  description  of      SECTION  2.     A  Certificate  of  such  takino;,  containino;  a 

tli6  land,  ta-kGD,  to 

be  filed  in  tiie  dcscriptiou  of  the  land  sufficiently  accurate  for  identifica- 
de?ds7°  tion,  shall  be  recorded  in  the  registry  of  deeds  in  the 
district  in  which  such  lands  are  situated,  and  such  certifi- 
cate, so  recorded,  shall  be  conclusive  evidence  of  the 
time  of  such  taking,  and  the  title  of  the  Commonwealth 
in  the  lands  so  taken. 
Owner  of  land        SECTION  3.     Any    owucr    of    land    so   taken,    feeling 

may  have  dam-  .  -•    t        ,^  t/>i  •l^  • 

age asBessed  by  aggrieved  by  the  award  oi  damages,  may  withm  one  year 
*^"^"  thereafter,  petition  the  superior  court  for  the  county  in 

which  said  lands  are  situated,  and  the  matter  of  his 
damages  shall  be  tried  by  a  jury,  and  the  proceedings  shall 
be  conducted  in  the  manner  provided  in  cases  of  damages 
by  laying  out  highways.  If  the  damages  are  increased  by 
the  jury,  the  damages  and  all  charges  shall  be  paid  by  the 
Commonwealth ;  otherwise,  the  charges  arising  on  such 
petition  shall  be  paid  by  the  petitioner. 

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

Approved  April  29,  1873. 

Ch  248  -^  ^^^  '^^  AUTHORIZE  THE  SPRINGFIELD,  ATHOL  AND  NORTH- 
EASTERN RAILROAD  COMPANY  TO  EXTEND  ITS  ROAD,  AND  TO 
MORTGAGE  A  PORTION  THEREOF. 

Be  it  enacted,  &c.,  asfolloivs: 
May  extend  Section  1.     The  Spriufffield,  Athol  and  North-Eastern 

road  to  Ct.  River  t-,    .,  i     /^  j         i     -j  '^  i     . 

B.  E.  in  chico-   Kailroad  Company  may  extend  its  railroad  to  some  cou- 

^^**  venient  point  on  the  line  of  the  Connecticut  River  Rail- 

road in  the  town  of  Chicopee. 

Location  and  SECTION  2.     The  exteiisioii  hereby  authorizcd  shall  be 

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

May  issue  bonds      SECTION  3.     Said  compauy  is  also  authorized  to  issue 

not  GXC6GQincr 

$300,000  at  seven  its  boiids  to  au  amouiit  not  exceeding  three  hundred 
percent,  nter-  ^j-,q,^^,j^^^  dollars,  bearing  interest  at  the  rate  of  seven  per 
cenluiu  per  annum,  payable  semi-annually,  and  to  secure 
the  same  by  a  mortgage  of  that  part  of  its  road  located 
and  being  constructed  under  the  provisions  of  chapter  one 
hundred  and  twenty-four  of  the  acts  of  eighteen  hundred 
and  seventy-two. 

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

Approved  April  30, 1873. 


1873.— Chapters  249,  250,  251.  683 

An  Act  to  extend  the  charter  and  reduce  the  capital  stock  Qj^^    249. 

of  the  boston,  lynn  and  peabody  railway  company. 
Be  it  enacted^  &c.,  as  follotus : 

Section  1.  Chapter  one  hundred  and  seventy-one  of  i^™andbuiidfng 
the  acts  of  the  year  eighteen  hundred  and  seventy-one,  is  extended. 
continued  in  force,  and  the  time  for  locating,  building  and 
putting  in  operation  some  portion  of  the  road  of  the 
Boston,  Lynn  and  Peabody  Railway  Company,  is  extended 
two  years  from  the  first  day  of  October,  eighteen  hundred 
and  seventy- three. 

Section  2.     The   capital    stock    of    said    company   is  capital  stock  re- 
reduced  and  fixed  at  two  hundred  thousand  dollars. 

Approved  April  30,  1873. 
An  Act  to  authorize  the  city  of  iiaverhill  to  construct  a  QJi^    250. 

WHARF  AND   A  BRIDGE   OVER  LITTLE   RIVER. 

Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.     License  is  granted  to  the  city  of  Haverhill  May  construct 

1  1  nT'i      -r«'  wharf  and 

to  construct  a  wharf  at  the  outlet  of  Little  River,  between  bridge  in  Haver. 
Washington  Square  and  the  Merrimack  River,  in  Haver- 
hill, and  to  extend  the  same  southerly  not  exceeding  one 
hundred  and  ninety-six  feet  from  the  stone  abutment  on 
the  southerly  side  of  said  square,  and  to  construct  a  stone 
bridge  over  said  Little  River  for  a  part  or  the  whole  of  said 
distance,  closing  and  discontinuing  any  highways  or  land- 
ings thereon  now  existing,  except  the  highway,  if  any,  on 
the  westerly  side  of  Little  River :  provided,  said  city  shall  Proviso. 
construct  and  maintain  a  slip  or  landing  on  the  Merrimack 
River,  with  access  thereto  from  said  Washington  Square, 
convenient  for  public  use  ;  and  this  license  shall  be  subject 
to  the  provisions  of  chapter  four  hundred  and  thirty-two 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

Section  2.     This  act  shall  not  authorize  the  erection  of  ^o  structure  to 

,  .  -TIT  J        1      ,  1  ^J^  built  upon 

any  structure  on  said  land  except  what  may  be  necessary  land  until  or. 
in  the  construction  of  said  wharf  and  slip  or  landings,  voterL^^*'' 
until   a  majority  of  the  voters  of  said  city,  at  a  legal 
meeting  called  for  the  purpose,  shall  vote  in  favor  thereof. 
Section  3.     This  act  shall  take  efiect  upon  its  passage. 

Aj^proved  April  30,  1873. 
An  Act  to  authorize  the  first  baptist  society  of  newbury  (yj.      oi^i 

AND  NEWBURYPORT   TO   SELL    THEIR  REAL  ESTATE.  '^Ol. 

Be  it  enacted,  &c.,  as  folloios : 

Section  1.     The   First   Baptist   Society   of   Newbury  May ficiireaies- 
and  Newburyport,  may  sell  and  convey,  by  deed  executed  luryport!'''' 
by  its  treasurer,  all  the  real  estate  of  said  society  situated 
27 


684:  1873.— Chapters  252,  253. 

in  Newburyport,  and  after  applying  so  much  of  the 
proceeds  of  such  sale  as  may  be  necessary  to  the  pay- 
ment of  the  debts  of  the  society,  shall  pay  over  the 
remainder  to  the  treasurer  of  the  Baptist  society  in 
Newburyport. 

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

Ajyproved  April  30,  1873. 

Ch.      252.   -^  ■^^'^  ^^   FACILITATE   THE   SETTLEMENT  OF  ESTATES   OF  DECEASED 

PEKSONS. 

Be  it  enacted,  &c.,  as  folloios : 
Claims  against        SECTION  1.     Whcu  it  appears  to  the  probate  court  from 

an  insolvent  es-  .  ^  '■^  '■-,.. 

tatemaybeex-  the  representation  of  an  executor  or  administrator  that 
lowed  by  the "  the  cstatc  of  the  deceased  will  be  insufficient  for  the 
^°^^^'  payment  of  debts,  the  court  may,  instead  of  appointing 

two  or  more  commissioners  as  provided  in  chapter  ninety- 
nine  of  the  General  Statutes,  receive  and  examine  all 
claims  of  creditors  against  the  estate,  allow  such  as  should 
be  legally  allowed,  and  cause  a  list  of  all  claims  presented 
for  proof,  with  the  amount  allowed  or  disallowed,  to  be 
made  and  certified  by  the  register  of  said  court. 
Notice  to  be  SECTION  2.     The  coui't  shall  requii'c  the  executor   or 

■where  claims      admiiiistrator  to  give  written  notice  to  all  known  creditors 
Siinedf^'        of  the  cstatc,  of  the  times  when  and  places  where  their 
claims  will  be  examined,  in  the  same  manner  as  commis- 
sioners are  now  required  to  do. 
Acts  to  be  done       SECTION  3.     Ally   act   wlilch    the    provisions    of   law 
thirty  days  from  rcqulrc  to  bc  cloiie  iu  thirty  days  from  the  report  of  said 
pSof'of  daims."^  commissioiicrs  shall  be  done  by  the  court  in  thirty  days 
from  the  expiration  of  the  time  allowed  by  the  court  for 
the  proof  of  claims. 
Provisions  of         SECTION  4.     All   tlic  provisious  of  law  in   respect  to 
appeals,  &c.,  to  appcals   fi'om   the  allowance  of  any  claim  and  all  other 
tibe^TOwtf^^''  *°  provisions  of  law  respecting  the   settlement    of  the   in- 
solvent estates  of  deceased  persons,  shall  be  applicable  to 
the   court   conducting   the   proceedings  in  place  of  said 
commissioners,  except  as  above  provided,  and  except  such 
provisions  as  are  made  unnecessary  by  the  court  acting 
instead  of  said  commissioners.  Approved  April  30, 1873. 

Pi         9^1^     -^^  ^'^'^  ^^  RELIEVE  PARTIES  AFFECTED  BY  THE  ACTS   OF  EXECUTORS, 
Kyfl.      j^DO.        ADMINISTRATORS,    GUARDIANS    AND     TRUSTEES,    IRREGULARLY    AP- 
POINTED  OR  LICENSED,   AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  c&c,  as  follows : 
When  appoint-        SECTION  1.     Whenever  an  appointment  of  an  execu- 
^rfsw-.Ts^de-'    tor,  administrator,  guardian  or  trustee,  by  any  probate 


1873.— Chapters  254,  255.  685 

court,  shall  be  vacated  or  declared  void  by  reason  of  any  ^}f^';^^JJ,°j;^;,j\^j. 
irreoriilaritv,  or  want  of  iurisdiction  or  authority  of  the  aii  property  in 

•  f  ^     his  hands 

court  making  the  same,  the  person  so  appointed  such 
executor,  administrator,  guardian  or  trustee^  shall  be  held 
to  account  for  all  money,  property  or  assets  which  shall 
have  come  to  his  hands  as  executor,  administrator, 
guardian  or  trustee,  or  by  reason  of  such  appointment,  in 
the  same  manner  as  if  the  appointment  had  been  regular 
and  valid;  and  any  bond  given  in  pursuance  of  such  BondtobeTDind- 
appointment  shall  be  held  to  be  valid  and  binding  both  on  "LdZ^eues?''^^ 
principals  and  sureties  thereon,  for  that  purpose. 

Section  2.     Payments  to  or  by  such  person  as  executor,  Paj-ments  made 
administrator,  guardian  or  trustee,   if   in  other  respects  bj^L^ecmor^af^ 
properly  made,  may,  with  the    approval  of   the  probate  poYufe'd/^" 
court,  be  ratified  and  confirmed  by  the  executor,  admin- 
istrator, guardian  or  trustee  who  may  be  afterward  legally 
appointed. 

Section  3.     Any  person  interested  in,  or  afiected  by,  s.  j.  c.  in  equity 

.  1  •  i?  J.'  i.  may  make  order 

any  act  or  proceedmg  ot    a  person   actmg  as  executor,  or  decree  m  re- 
administrator,  guardian  or  trustee,  under  an  appointment  ject°maul^'^an"d" 
or  license  of  a  probate  court,  which  is  void  by  reason  of  Jfartieslnter-"^ 
irregularity  or  want  of  jurisdiction  or  authority  of   the  ested. 
court  making  the  appointment   or  granting  the  license, 
may  have  the  matter  heard  and  determined  by  the  supreme 
judicial  court  in  equity ;    and  that  court  may  confirm  or 
set  aside,  in  whole  or  in  part,  the  act  or  proceeding ;  and 
may  make  such  order  or  decree  in  relation  to  the  subject- 
matter,   and   to  the  rights   and   liabilities  of   all   parties 
interested  in  or  affected  by  such  act  or  proceeding,  as  shall 
be  adjudged  to  be  just  and  equitable  ;  and  may  direct  such 
releases,  conveyances,  or  discharges  to  be  made  or  given 
as  may  be  found  necessary  to  carry  into  complete   effect 
the  relief  granted  by  its  decrees.      Approved  April  30, 1873. 

An  Act  to  establish  the  salary  of  the  atxorney-geneual.       rij.      254- 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     From   the   first  day  of  January  eighteen  saiary  fixed  at 
hundred  and  seventy -three,  the    salary  of  the    attorney-  ^^.oooayear. 
general  shall  be  five  thousand  dollars  a  year. 

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

Apx)roved  April  30,  lS7o. 

An  Act  to  authorize  cities  and  towns  to  contract  for  a  rij.      ^KK 

SUPPLY  OF  water.  •  ^OO. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     Chapter  ninety-three   of  the   acts  of  the  Amendment  to 
year   eighteen   hundred   and   seventy  is   amended  in  the  asprkft'elta'the 


686  1873.— Chapters  256,  257. 


^^p^emcntto  tenth  line  of  the  first  section  thereof,  as  printed  in  the 
Statutes.  '  sujDplement  to  the  General  Statutes,  by  inserting  after  the 
word  "corporation,"  and  before  the  word  "provided,"  the 
words  "  or  may  make  any  contract  for  a  supply  of  water 
with  any  such  company  or  corporation"  ;  and  in  the  elev- 
enth line  of  said  section,  by  inserting  after  the  word  "pur- 
chase," and  before  the  word  "  without,"  the  words  "  or 
contract";  and  in  the  sixteenth  line  of  said  section,  by 
inserting  between  the  words  "  purchase  "  and  "  without," 
the  words  "  or  contract "  ;  and  in  the  fifth  line  of  the  third 
section  of  said  chapter,  by  inserting  after  the  word  "  speci- 
fied," and  before  the  word  "provided,"  the  words  "and 
any  city  or  town  which  may  make  any  such  contract  as 
aforesaid,  may  for  the  purpose  named  in  this  section, 
issue  similar- bonds." 

Sectio^st  2.     Ths  act  shall  take  efiect  upon  its  passage. 

Apiiroved  April  30, 1873. 

CJl.      256.  -^^  ^^^  ^^  AUTHORIZE  THE  COUNTY  COMMISSIONERS  FOR  THE  COUNTY 
OF  HAMPDEN  TO  BORROW  MONEY  FOR  CERTAIN  PURPOSES. 

Be  it  ejiaded^  &c.,  as  follows : 
Soncrsmayborl      Section  1.     The  couuty  commissiouers  for  the  county 
l^'er£n''\:t   ^^  Hampden  are  authorized  to  borrow,  on  the  credit  of 
000.  '    said  county,  such  sums,  not  exceeding  seventy-five  thou- 

sand dollars  in  all,  as  may  be  necessary  to  pay  the  dam- 
ages which  have  been  or  may  be  awarded  against  said 
county,  under  the  provisions  of  the  second  section  of 
chapter  two  hundred  thirty-seven  of  the  acts  of  the  year 
eighteen  hundred  and  seventy,  and  the  second  section  of 
chapter  one  hundred  thirty-one  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two,  and  for  the  purpose 
of  defraying  the  costs  and  exi^euses  that  have  been  or 
may  be  incurred  under  the  provisions  of  chapter  one 
hundred  and  eighty-two  of  the  acts  of  the  year  eigh- 
teen hundred  and  seventy,  and  of  chapter  one  hundred 
thirty-two  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two. 

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

Aiiproved  Aiwil  30, 1873. 
fij      cy^rj   An   Act   in   relation   to  the  improvement  of  the  common- 

Kylt.      ^O     ,  wealth's  FLATS  IN'  BOSTON  HARBOR. 

B  it  enacted,  &c.,  asfolloivs : 
Amendment  to        SECTION  1.     The  four  hundred  and  forty-sixth  chapter 
'     ■  of  the  acts  of  the  year  eighteen  hundred  and  sixty-nine  is 

so  far  amended  that  the  board  of  harbor  cqmmissioners 


1873.— Chaptei^s  258,  259,  260.  687 

may  contract  for  or  authorize  the  filling  of  any  of  the  flats 
and  lands  purchased  under  the  authority  of  said  act,  with  i^es,  326,  §4. 
any  other  material  they  think  nt,  besides  that  prescribed 
by  the  fourth  section  of  chapter  three  hundred  and  twenty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
eight  :  2)rovided,  that  out  of  the  proceeds  of  the  sale  of 
said  flats  and  lands  so  purchased,  there  shall  he  paid  into 
the  compensation  fund  for  Boston  Harbor,  for  tide-water 
displaced  by  filling  with  such  other  material,  such  sums  as 
would  be  required  by  the  provisions  of  the  fourth  section 
of  the  one  hundred  and  forty-ninth  chapter  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six. 

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

Approved  April  30,  1873. 
A\  Act  to  authorize  the  citt  of  boston  to  appropriate  moxey  (J]i^    2o8. 

FOR    THE    RELIEF    OF    DISABLED    FIREMEX    AXD    THE  FAMILIES   OF 
THOSE  KILLED. 

Be  it  enacted,  &c.,  as  follows : 

Sectiox  1.     The  city  of  Boston  may  expend  a  sum  not  May  expend 
exceeding  three  thousand  dollars  annually,  for  the  relief  for  relief  of  dis- 
of  firemen  disabled,  and  of  the  families  of  firemen  killed,  '^wed firemen. 
in  the  service  of  the  cit3\ 

Section  2.     Chapter  three  hundred  and  seventy-five  oifJ'^^^"^''-^'^' 
the   acts   of  the  year  eighteen  hundred  and  fifty-four  is 
repealed.  Approved  April  30, 1873. 

Ax  Act  to  authorize  clerks  of  courts  to  issue  orders  of  nj.      o^g 

NOTICE  IX  certain   CASES.  * 

Be  it  enacted,  &e.,  asfolloios: 

Section  1.     In  all  cases  in  the  superior  or  supreme  cierks  of  courts 

•      T    •    1  J.  1  •  !_•  '  •        1     •  J.-  A.      maj- issue  orders 

judicial  court,  wherein  notice  is  required  in,  vacation,  to  of  notice  when 
parties  interested  in  au}^  petition  or  other  proceeding  in  qufreVin'^vaca. 
law  or  equity,  the  respective  clerks  of  said  courts  may  ^i°°- 
issue   any   order  of    notice   which    might   be   issued   by 
either  of  said  courts :  provided,  that  the  court  in  which  Proviso. 
said  petition   or   proceeding   is   pending,   or   any  judge 
thereof,  may  cause  such  additional  notice  to  be  given  as 
justice  may  require. 

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

Approved  April  30,  1873. 

An  Act  relating  to  the  channel  of  muddy  river  in  brookline.  rix      orjQ 
Be  it  enacted,  &c.,  as  folloivs: 

Section  1.     The  town  of  Brookline  may  make  a  new  May  conduct 
channel  within  its  own  territory  to  conduct  the  waters  of  mvlrln  a  mor J 
Muddy  River  in  a  more  direct  line  to  Charles  River,  and  Siesiuver. 


6SS  1873.— Chapters  261,  262. 

for  this  purpose  the  real  estate  of  any  person  may  be 
taken.     The  proceedings  shall  be  the  same  in  all  respects 

Damages.  as  in  laying  out  of  town  ways ;  and  all  persons,  suflering 

damage  in  their  property  by  reason  thereof,  shall  have  the 
same  rights  and  remedies  for  the  ascertainment  and 
recovery  of  such  damages  as  in  the  case  of  the  laying  out 
of  town  ways. 

Drains  and  Bcw-      Section  2.     Draius  aud  sewers  of  the  city  of  Boston 

ers  of  Boston  t      ^  •  •  -v/tttt-.-  i  i 

may  be  extended  now  dischargmg  luto  Muddy  Kiver  above  the  point  at 
channel.  *"  whicli  the  bouudary  line  between  Boston  and  Brookline, 
running  from  Charles  River  southerly  along  the  easterly 
line  of  Saint  Mary's  Street  extended,  strikes  the  present 
cliannel'  of  Muddy  River,  may  be  extended  by  said  city 
through  any  lands  or  ways  in  said  city  or  town  into  the 
new  channel  provided  for  by  this  act,  the  cost  of  such  ex- 
tension to  be  reimbursed  to  said  city  by  said  town ;  and 
said  city  shall  have  the  right  to  enter  new  drains  or  sewers 
through  said  lands  or  ways  into  the  new  channel  to  the 
same  extent  that  it  now  has  the  riofht  to  enter  the  same 
into  the  present  channel  of  Muddy  River. 

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

Approved  May  2,  1873. 

Ch       261.  "^  -^^^  ^^  AUTHORIZE  TRIALS   IN   THE   SUPERIOR   COURT  INSTEAD   OF 

BEFORE  SHERIFFS'  JURIES. 

Be  it  enacted,  &c.,  asfolloics: 
A  jury  may  be        Section  1.     lu  all  cascs  iu  w^iich  it  is  provided  bv  law 

hadmthesupe-  ^        •  a,       '  i        i       i   r  t 

rior  court  in  all  that  a  sheriii  s  jury  may  be  had  lor  any  purpose,  appbca- 

sheriff'8  Jury'*     tiou  for  a  jury  may  bc  made  by  petition  to  the  superior 

may  be  had.       court ;  and  thereupon,  after  such  notice  as  said  court  shall 

order  to  the  adverse  party  or  parties,  a  trial  may  be  had 

at  the  bar  of  said  court,  in  the  same  manner  other  civil 

cases  are  there  tried  by  jury. 

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

Approved  May  2,  1873. 

Oh.      262.  -"^     ■^^'^^     CONCEUXING     TRUANT     CHILDREN    AND    ABSENTEES     FROM 

SCHOOL. 

Be  it  enacted,  <&c.,  as  follows: 
Needful  provis-       Section  1 .     Each  city  and  town  shall  make  all  need- 

ions  to  be  made  .    .  «' 

by  cities  and  ful  provisious  aud  arraugemeuts  concerning  habitual 
ing  habitual  truauts  and  children  between  the  ages  of  seven  and  fifteen 
years  who  may  be  found  wandering  about  in  the  streets  or 
public  places  of  such  city  or  town,  having  no  lawful,  occu- 
pation or  business,  not  attending  school,  and  growing  up 
iu  ignorance,  and  shall  also,  make  such  by-laws  as  shall 


truants. 


1873.— Chapter  262.  689 

be  most  conducive  to  the  welfare  of  such  children,  and 
to  the  good  order  of  such  city  or  town ;  and  shall  provide 
suitable  places  for  the  confinement,  discipline  and  instruc- 
tion of  such  children  :  provided,  that  said  by-laws  shall  p^-o^so- 
be  approved  by  the  superior  court,  or  a  justice  thereof,  or 
by  the  judge  of  probate  of  the  county. 

Section  2.     The  school  committee  of  the  several  cities  Truant  officers 
and  towns  shall  appoint  and  fix  the  compensation  of  two  by  schooTcom. 
or   more   suitable    persons,  to  be   designated   as   truant  '^i"'^^^- 
oflicers,  who  shall,  under  the  direction  of  said  committee, 
inquire  into  all  cases  arising  under  such  by-laws,  and  shall 
alone  be  authorized,  in  case  of  violation  thereof,  to  make 
complaint  and  carry  into  execution  the  judgment  thereon. 

Sectiox  3.     Any  minor  convicted  under  such  by-law  Habitual tmants 
of  being  an  habitual  truant,  or  of  wandering  about  in  the  ^a^tolny'SiTtt 
streets  and  public  places   of  any  city  or  town,  having  no  ^^"^^^^^^ll^^^^^^ 
lawful  employment  or  business,  not  attending  school  and  years. 
growing  up  in  ignorance,  shall  be  committed  to  any  insti- 
tution of  instruction  or  suitable  situation  provided  for  the 
purpose  under  the  authority  of  section  one,  of  this  act  or 
by  law,  for  such  time,  not  exceeding  two  years,  as  the 
justice  or  court  having  jurisdiction  may  determine.     Any 
minor  so  committed  may,  upon  proof  of  amendment,  or 
for  other  sufiicient  cause  shown  upon  a  hearing  of  the  case, 
be  discharged  by  such  justice  or  court. 

Section  4.     Justices  of  police  or  district  courts,  trial  Jurisdiction, 
justices,  trial  justices  of  juvenile  ofl:enders,  and  judges  of 
probate,  shall  have  jurisdiction   within    their  respective 
counties,  of  the  otfeuces  described  in  this  act. 

Section  5.     When  three  or  more  cities  or  towns  in  any  schools  for  con- 
county  shall  so  require,  the  county  commissioners   shall  f,'n8™obe°e8tTb. 
establish  at  convenient  places  therein,  other  than  the  jail  lu^r'ed^'^Thrle 
or  house  of  correction,  at  the  expense  of  the  county,  truant  citiea  and  towns 
schools,  for  the  confinement,  discipline  and  instruction  of  ^"^ 
minor  children  convicted  undei'  the  provisions  of  this  act, 
and  shall  make  suitable  provisions  for  the  government  and 
control  of  said  schools,  and  for  the  appointment  of  proper 
teachers  and  officers  thereof. 

Section  6.     Any  city  or  town  may  assign  any  such  Expense  of  sup- 
truant  school  as  the  place  of  confinement,  discipline  and  Eorto"elceed^^ 
instruction  for  persons  convicted  under  the  provisions   of  ^eek."^'^"^^  * 
this  act ;  and  shall  pay  such  sum  for  the  support  of  those 
committed  thereto   as    the    county   commissioners    shall 


690  1873.— Chapter  263. 

determine,  not  exceeding  the  rate  of  two  dollars  per  week 
for  each  person. 
Truants  may  be  SECTION  7.  Any  City  or  town  may,  with  the  assent  of 
thrstatJ^pri?  the  board  of  state  charities,  assign  the  state  primary 
MoMon^°iththe  school  at  Monson  as  the  place  of  confinement,  discipline 
boMxi*o°f  state  ^^^^  instruction  for  persons  convicted  under  the  provisions 
charities.  gf  this  act,  iustcad  of  the  truant  schools  heretofore  men- 

tioned ;  and  shall  pay  for  the  support  of  such  persons 
committed  thereto,  such  sum  as  the  inspectors  of  said 
school  shall  determine,  not  exceeding  two  dollars  per 
week  for  each  person.  Any  minor  so  committed,  may 
upon  satisfactory  proof  of  amendment,  or  for  other  suffi- 
cient cause,  be  discharged  by  the  board  of  state  charities. 
Section  8.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  2, 1873. 

Ch.      263.  -^^  -^^'^  '^^  ESTABLISH  HARBOK  LINES  ON  CHARLES  RIVER. 

Be  it  enacted,  &c.,  asfolloivs: 
Harbor  lines  es-      Section  1.     The  liucs  hereinafter  dcscribcd  are  cstab- 
charies  River,    lishcd  as  liucs  aloug  poi'tioiis  of  the  northerly  and  southerly 
sides    of  Charles   Eiver   respectively,  beyond   which   no 
wharf,  pier  or  other  structure  shall  ever  be  extended  in  or 
over  the  tide-water  of  the  Commonwealth. 
Line  on  the  Section  2.     The  liuc  Oil  the  southerly  side  of  Charles 

therilerf  ^'  ^°  Kivcr  bcgius  at  the  north-easterly  corner  of  the  present 
solid  structure  of  Abbott's  wharf,  so  called,  near  the 
Brookline  and  Cambridge  bridge  and  runs  easterly  in  a 
straight  line  which,  if  extended,  will  strike  the  northerly 
corner  of  the  solid  abutment  on  the  westerly  side  of  the 
sluice-way  which  passes  through  the  Mill  Dam  into  and 
out  from  the  full  basin,  formerly  so  called,  to  a  point 
distant  eight  hundred  and  eighty  feet  westerly  from  said 
northerly  corner  of  said  abutment  of  said  sluiceway ; 
thence  deflects  easterly  on  an  arc  of  a  circle  of  one  thou- 
sand eight  hundred  and  fifty  feet  radius  to  a  point  in  the 
present  harbor  line,  where  it  will  be  intersected  by  a  line 
drawn  at  right  angles  from  said  Mill  Dam  at  said  northerly 
abutment. 
EepeaL  So  much  of  the  third  section  of  chapter  thirty-five  of 

the  acts  of  the  year  eighteen  hundred  and  forty,  as  estab- 
lishes a  harbor  line  westwardly  from  said  last  described 
point  in  said  line  is  hereby  repealed. 
Line  on  the  Section  3 .     The  line  on  the  northerly  side  of  Charles 

^e  river'!  ^^  ^°  Rivcr  begins  at  a  point  on  the  northerly  side   of  West 
Boston  Bridge,  where  the  present  harbor  line  intersects  the 


1873.— Chapter  263.  691 

said  side  of  said  bridge,  and  runs  southerly  and  westerly 
on  an  arc  of  a  circle  of  nine  hundred  and  seventy-five  feet ; 
radius,  a  distance  of  one  thousand  and  one  hundred  feet, 
thence  westerly  in  •  a  straight  line  parallel  to  the  line  of 
said  West  Boston  bridge  and  distant  therefrom  five  hun- 
dred feet,  a  distance  of  one  thousand  three  hundred  and 
twenty-five  feet;  thence  westerly  and  south-westerly  on 
an  arc  of  a  circle  of  one  thousand  three  hundred  and  eighty 
feet  radius,  a  distance  of  eight  hundred  feet ;  thence 
south-westerly  in  a  straight  line  parallel  to  the  line  of  the 
Grand  Junction  Railroad  and  distant  therefrom  eight  hun- 
dred feet,  a  distance  of  four  thousand  and  ten  feet ;  thence 
south-westerly  and  westerly  on  an  arc  of  a  circle  of  two 
thousand  one  hundred  twenty  feet  radius,  a  distance  of 
one  thousand  two  hundred  and  forty  feet ;  thence  west- 
erly in  a  straight  line  to  the  south-easterly  corner  of  the 
solid  abutment  of  the  Brookline  bridge  on  the  northerly 
side  of  Charles  River. 

So  much  of  chapter  two  hundred  and  seventy-eight  of  Repeal, 
the  acts  of  the  year  eighteen  hundred  and  forty-seven  as 
establishes   a  harbor  line   southerly  and  westerly  of  the     • 
northerly  side  of  the  West  Boston  bridge  is  repealed. 

Section  4.     No  wharf,  pier,  building,  structure  or  in-  wharves  oroth- 
cumbrance  of  any  kind  shall  ever  be  extended  beyond  the  tobe"extended 
said  lines  into  or  over  the  tide-water  in  said  river,  nor  {'aShed'uneB. 
shall   any  wharf,  pier  or  other  structure   which   is   now 
erected  on  the  inner  side  of  either  of  said  lines  extend 
further  towards  the  said  line  than  such  wharf,  pier   or 
structure  now  stands,  or  than  the  same  might  have  been 
lawfully  enlarged  or  extended  before  the  passing  of  this 
act,  without  leave  first  obtained  according  to  law. 

Section  5.      Every  person   or   corporation   ofi*ending  penalties, 
against  the  provisions  of  this  act  shall  be  deemed  guilty 
of  a   misdemeanor   and  shall  be  liable  to  be  prosecuted 
therefor   by   indictment  or   information  in   any  court  of 
competent  jurisdiction,  and  on  conviction  shall  be  pun- 
ished by  a  fine  not  less  than  one  thousand  dollars  nor 
more  than  five  thousand  dollars  for  every  ofience,  and  any  structure  may 
structure  or  obstruction  which  shall  be  made  contrary  to  l\>Iui°&s&u^. 
the  provisions  of  this  act  shall  be  liable  to  be  removed  and  ^°°®' 
abated  as  a  public  nuisance  in  the  manner  provided  for 
the   removal   and   abatement   of  nuisances  in  the  public 
highway,  or  in  any  other  manner  authorized  by  law. 

AjJjJroved  May  2, 1873. 
28 


692 


1873.— Chaptees  264,  265. 


Ch.  264. 


May  construct 
dams  or  tide- 
gates  across 
BeUe  Isle  Inlet. 


May  fill  creek 
between  Breed' 
Island  and  Re- 
vere. 


Proviso. 


Proviso. 


An  Act  to  authorize  the  boston  land  company  to  exclude 

tide- water  from  their  lands. 
Be  it  enacted,  &c.,  as  follows: 

The  Boston  Land  Company  may  construct  and  maintain 
dams,  dikes  or  tide-gates,  at  the  crossing  of  Belle  Isle 
Inlet  by  the  Winthrop  Bridge  at  Main  Street,  leading 
from  East  Boston  to  the  town  of  Winthrop,  and  also  at 
the  crossing  of  Belle  Isle  Inlet,  by  a  bridge  upon  an  un- 
finished private  road  called  Ocean  Avenue,  leading  from 
Breed's  Island  to  Winthrop  Street  near  Sales  Hill,  in 
Revere ;  and  may  fill  the  creek  between  Breed's  Island 
and  Revere,  where  it  is  crossed  by  the  branch  of  the 
Eastern  Railroad,  leading  to  East  Boston,  for  the  purpose 
of  excluding  the  tide-water  from  the  marsh  lands  of  said 
company,  but  from  none  other :  provided,  that  proper 
sluiceways  shall  be  made  and  maintained  by,  and  at  the 
cost  and  charge  of  said  Boston  Land  Company,  for  drain- 
ing the  lands  from  which  the  tide-water  shall  be  excluded  ; 
iiw^,  provided,  further,  that  all  the  authority  conferred  by 
this  act  shall  be  exercised  subject  to  the  provisions  of 
chapter  four  hundred  and  thirty-two  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-nine. 

Approved  May  2,  1873. 


CJl       265     -^^  -^^^  CONCERNING  THE  PUBLIC  LANDING  PLACES  IN  THE  TOWN  OP 
*  *  MILTON. 


Public  landing 
places  in  Milton 
discontinued. 


Commission  es- 
tablished under 
1835,  U7,  abol- 
ished. 


Be  it  enacted,  &c.,  asfolloics: 

Section  1 .  The  public  landing  places  known  as  Lower 
Mills  Landing  and  Gulliver's  Landing,  in  the  town  of 
Milton,  are  discontinued  as  such  public  landing  places  : 
the  title  thereto  and  to  an^^  buildings  or  structures  erected 
thereon  from  the  proceeds  of  rents  issuing  from  said  public 
landing  places,  shall  vest  absolutely  in  said  town,  subject 
nevertheless  to  any  existing  lease  or  leases  of  any  part  or 
parts  thereof. 

Sectiox  2.  The  commission  established  by  chapter  one 
hundred  and  seventeen  of  the  acts  of  the  year  eighteen 
hundred  and  thirty-five  is  abolished,  and  said  commis- 
sioners are  directed  to  deliver  to  said  town  all  goods, 
moneys,  credits  or  other  evidences  of  indebtedness,  which 
may  be  in  their  possession ;  and  said  town  may  collect  and 
receive  the  same,  to  the  use  of  said  town,  together  with 
all  rents  and  profits  accruing  under  any  existing  leases. 

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

Approved  May  2, 1873. 


1873.— Chapters  266,  267,  268.  693 

An  Act  concerning  the  newburyport  bridges.  (JJ^^    266. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  county  commissioners  for  the  county  county  commis- 
of  Essex  may  allow  to  the  city  of  Newburyport  and  the  low  to n^w. ''^" 
town  of  Salisbury,  from  the  treasury  of  said  county,  such  saS'?°ryn°ot 
sums  as  they  shall  deem  iust  and  equitable,  not  exceeding  exceeding $6,500 
in  the  whole  the  sum  of  six  thousand  five  hundred  dollars, 
on  account  of  expenses  incurred  and  paid  by  said  city  and 
town,  under  the  decrees  of  the  said  county  commissioners, 
by  virtue  of  chapter  two  hundred  and  ninety-six  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-seven,  chapter 
three  hundred  and  nine  of  the  acts  of  the  year  eighteen 
hundred  sixty-eight,  and  chapter  four  hundred  and  twenty- 
one  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
nine. 

Section.  2.     The     said    commissioners    may    borrow  Maytorrow 
money  necessary   for   the    purpose   named   in    the    first  '"°"^^' 
section.  Ajoproved  May  2,  1873. 

An  Act  amexdin'G  an  act  to  establish  the  city  of  Chelsea,    /^r      nntr 
Be  it  enacted,  &c.,  as  folloivs : 

All  oflicers  enumerated  in  the  act  to  establish  the  city  officers  tote 
of  Chelsea,   and  now  elected  by  the    city  council,   shall  currl^nt vote?"' 
hereafter  be  elected  by  a  concurrent  vote  of  both  branches 
of  said  council.  Approved  May  2, 1873. 

An  Act  concerning  the  election  of  school  committee  in  the  /-ii      0(^q 

city   of   CHELSEA.  ^''"      ^^^' 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     The  qualified  voters  of  the  city  of  Chelsea  schooi  commit- 
shall,  at  their  annual  meeting  for  the  election  of  municipal  fo?  th^e^ye^a^a ^ 
officers  next  to  be  held  after  the  passage  of  this  act,  elect  t'lthom^'l^- 
by  ballot,  three  residents  of  each  ward,  to  be  members  of  pensation. 
the   school  committee,  one  for  three  years,   one  for  two 
years    and   one   for   one   year  from  the  first  Monday  of 
January  next  following  said  election ;    and  thereafter,  at 
such  annual  meeting,  there  shall  be  elected  in  the  same 
manner  one  resident  of  each  ward  to  be  a  member  of  said 
school  committee  for  three  years  from  the  first  Monday  of 
January   next   ensuing.     The    persons    so   elected,    shall 
constitute  the  board  of  school  committee,  and  shall  serve 
without  compensation.     Vacancies  occurring  in  the  board 
may  be  filled  for  the  remainder  of  the  municipal  year  by 
the  joint  ballot  of  the  city  council  and  school  committee, 
and  for  the  unexpired  term  thereafter  shall  be  filled  at  the 
first  municipal  election  after  such  vacancies  occur. 


694  1873.— Chapter  269. 

fepl'nee  by  vot.      Sectiox  2.     This  act  sball  iiot  take  effect  until  accepted 
ers  of  the  city,     bj  the  votei's  of  saicl  city  at  a  meeting  duly  held  for  that 
purpose.  Approved  May  2, 1873. 

CJl.      269.     ^^  ^^'^   ^^  INCORPORATE   THE   SQUANTUM   FREE   BRIDGE   COMPAKT. 

Be  it  enacted,  &c.,  as  folloivs : 
Corporators.  SECTION  1.     Horatio  N.  Holbrook,  George  Clark,  Jr., 

John   Preston,    John    F.    Dodge,    their    associates    and 
successors,    are   made   a   corporation,    by   the    name    of 
to"!^" "^"^ *^'^'  ^quantum  Free  Bridge  Company;  with  the  powers  and 
privileges,    and    subject    to    the    duties,    liabilities    and 
restrictions  set  forth  in  the  general  laws  which  now  are  or 
may  hereafter  be  in  force  relating  to  such  corporations. 
^Kdje'from      Sectiox  2.     Said   corporation   may   construct    a    pile 
Poi^t"to'^s'*ian-  ^i'i^^&<3  across  the  waters  of  Neponset  River,  from  Com- 
tum.  mercial  Point,  in  Boston,  to  the  opposite  side  of  the  river 

in  that  part  of  Quincy  called  Squantum.  The  capital 
stock  of  said  corporation  shall  not  exceed  one  hundred 
thousand  dollars,  and  said  corporation  may  purchase  and 
hold  such  real  and  personal  estate  as  may  be  necessary 
and  convenient  for  the  purposes  of  this  act.  Said  bridge 
shall  be  well  built  of  suitable  materials,  at  least  twenty- 
eight  feet  wide,  floored  with  planks,  provided  with 
sufficient  railings  on  each  side,  a  sufficient  footway  on  one 
side,  and  a  suitable  draw  at  least  thirty-five  feet  wide,  for 
the  passage  of  vessels,  and  shall  be  kept  in  good  repair  at 
Proviso.  all  times  :  provided,  that  the  structure  built  under  this  act 

shall  be  subject  to  the  determination  and  approval  of  the 
harbor  commissioners,  as  provided  in  the  fourth  section  of 
chapter  one   hundred  and  forty-nine  of  the  acts   of   the 
Proviso.  year    eighteen    hundred   and    sixty-six ;     and  provided^ 

further,  that  the  corporation  shall  be  required  to  maintain 
the   bridge,   and    shall   be  liable  in  damages   for   injury 
sustained  by  any  person  on  account  of  defects  therein. 
fonVt?u^ctf^n  of        Section  3.     Said  Corporation  shall  not  begin  the  con- 
$25^ooVk''aid    structiou  of  said  bridge  until  at  least  twenty-five  thousand  * 

ta- '  dollars  of  its  capital  stock  is  subscribed  for  and  actually  ] 

paid   in,    and   proof  thereof  given  to  the  satisfaction  of 
the   harbor    commissioners,    who    shall    file    a   certificate 
thereof  in  the  office  of  the  secretary  of  the  Commonwealth. 
bulit^witMn^  Section  4.     If  said  corporation  neglects  for  the  space 

tJii-ee  years,       of  three  years  from  the  passage  of  this  act  to  build  and 
finish  said  bridge,  this  shall  be  void. 

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

Approved  May  2, 1873. 


1873.— Chapter  270.  695 

An  Act  to  ixcoRroRATE  the  boston  mortgage  company.        (JJ^^    270. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     William  Endicott,  Jr.,  Abner  I.  Benyon,  Corporators. 
Charles  H.  Dalton,  Edward  Atkinson,  J.  Warren  Merrill, 
James   B.    Thayer,    Albert    Crosby,    Henry    S.    Eussell, 
Rudolph    Schleiden,    Seth    Turner,    Corydon    Beckwith, 
Austin  Sumner,  William  Clafliu,  George  B.  Clapp,  David 
R.    Greene,    John   J.    McKinnon,    their    associates    and 
successors,  are  made  a  corporation  by  the  name  of  the  Name  and  pur- 
" Boston  Mortgage  Company,"  for  the  purposes  hereinafter  p^^*'" 
set  forth,  to  have  its  place   of   business   in  the  city  of 
Boston,  and  to  be  subject  to  the  provisions  of  all  general 
laws  "which  now  are  or  hereafter  may  be  in  force  in  relation 
to  such  corporations. 

Section  2.     The  capital  stock  of  said  company  shall  capital  stock. 
be  two  million  dollars,  to  be  paid  in  at  such  times  and  in 
such  manner  as  the  board  of  directors  may  decide ;  ^>?*o-  Not  to  begin 
videcl,  that  said  company  shall  not  begin  the  transaction  capuaTL^p^aid 
of  business  until  the  whole  capital  stock    shall  be  sub-  ^°- 
scribed  for  and  paid  in  in  cash  to  the  satisfaction  of  the 
savings-bank  commissioner  of  this  Commonwealth. 

Section  3.     The  said  corporation  may  make  loans  of  May  make  loans 

T    ,  p  1  J     J  ,1        secured  by  real 

money,  secured  by  conveyances  oi  real  estate ;  may  take  estate. 

and  hold  bonds,  notes,  or  other  proper  evidences  of  debt 

made  payable  to  said  company  and  secured  by  deed  of 

trust  or  mortgage  of  real  property  of  a  cash  value  not 

less  than  double  the  amount  of  the  loan ;   may  sell  and 

dispose  of   the  securities  so  taken ;    may  guarantee  the 

regular  payment   of  the   principal    and   interest   of  any 

bonds,  notes  or  other  evidences  of  debt  secured  by  deed 

of  trust  or  mortgage  of  real  estate  lying  in  Massachusetts, 

and   may  purchase   real   estate  or  other  property  at  any 

public  auction  sale  thereof  duly  advertised  with  terms  of 

sale  and  made  under  or  by  virtue  of  any  such  loan,  debt, 

deed  of  trust  or  mortgage,  but  said  company  shall  not  Not  to  loan  on 

1  ii'ij^i  .  '■        "^     .  .      incumbered 

loan  on  any  property  upon  which  there  is  a  prior  mort-  property. 
gage,    encumbrance   or   lien.      Fifty  per   centum   of    all  ^my  per  cent. 
loans  shall  be  made  upon  real  estate  in  this    Common-  roai  estate  in  this 
wealth,  and  no  direct  or  indirect  discrimination  shall  be  ^^'^^' 
made  against  small  loans,  if  they  are  not  less  than  one 
thousand  dollars  in  amount. 

Section  4.     All  bonds,   notes  and  other  evidences  of  Notes,  &c.,  pay- 

Ti,,i  1  .T  /.  ,  TinT        able  at  office  in 

debt  taken  by  said  company  tor  money  loaned,  shall  be  Boston. 
payable  to  said  company  at  its  office  in  the  city  of  Boston, 


696  1873.— Chapter  270. 

and  shall  pass  by  delivery,  by  transfer  on  the  books  of 

said  company  in  the  city  of  Boston,  or  by  certificate  of  its 

Transfers.         transfer  agent  at  such  other  place  as  it  may  appoint.     No 

transfer,   except   on   the   books    of  the   company   or  by 

certificate  of  its  transfer  agent,  shall  be  valid  unless  the 

last   transfer   shall   have   been   to    bearer.      A   complete 

record  of  such  transfers  by  said  transfer  agents  shall  be 

forwarded  to  and  kept  at   the  office  of  the  company  in 

Boston.     All   such    bonds,  notes,  or   other   evidences  of 

debt  shall  at  all  times  be  subject  to  registration  or  to  be 

made  transferable  to  bearer  at  the  option  of  any  lawful 

holder  thereof,  without  charge  therefor. 

Fund  for  guar-        Section  5.     No  real  cstatc  securities  shall  be  guaran- 

fate^Srfues^*'  tccd  unlcss  a  guarantee  fund  of  not  less  than  fifty  thousand 

dollars  shall    have  first  been  set  aside  from  the  capital 

stock  paid  in,   and  the    company  shall  set  apart,   as   an 

additional   guarantee    fund,    ten   per    centum    of   its    net 

earnings,  until  the  said  ten  per  centum  and  the  said  fifty 

thousand  dollars,  with  the  accumulated  interest  thereon, 

To  be  invested    shall  amouut   to    ouc-fourth  of  the  capital    stock.     Said 

bonds." '''^   *^*'  guarantee   fund  shall  be   invested  in   the   bonds    of  the 

United  States  or  of  the  Commonwealth  of  Massachusetts, 

and  the  principal  and  interest  thereof  shall  remain,  be 

held   and   applied,  so   long   as   the    said   company   shall 

continue  liable  upon  any  such  guarantee,  solely  to  secure 

the  payment  of  the  principal  and  interest  of  said  guaran- 

Proviso.  teed  securities  :  provided,   hoivever,  that  the  capital  and 

guarantee  fund,  taken  together,  shall  not  at  any  time  be 

less  than  ten  per  centum  of  the  whole  amount  guaranteed 

and  secured  by  endorsement  at  that  time. 

Shareholders  SECTION  6.     The  shareholders  of  said  corporation  shall 

ally  liable,         bc  held  individually  liable,  equally  and  ratably  and  not 

auy, for^'au '^^'"  ouc  for  another,  for  all  contracts,  debts  and  engagements 

debts.  q£  such  association,  to  the  extent  of  the  amount  of  their 

•     stock  therein  at  the  par  value  thereof,  in  addition  to  the 

amount  invested  in  such  shares.     The  provisions  contained 

in  chapter  two  hundred  and  twenty-four  of  the  acts  of  the 

year   eighteen   hundred   and    seventy,    sections   forty   to 

forty-nine    inclusive,    shall    apply   to    and    regulate    the 

enforcement  of  this  liability. 

Real  estate  to  be      SECTION  7.     All  real  cstatc  puTchascd  or  acquired  by 

sold  within  two  .  -,  -,  ■,  .    ,     ^        c,  it/^j.j. 

years.  Said  compauy  under  or  by  virtue  oi  any  deed  or  trust  or 

mortgage,    shall   be    sold   within   two    years    after   such 
purchase  or  acquisition. 


1873.— Chaptee  270.  697 

SECTiOiS^  8.     The    said    company    shall    semi-annually  semi-annnai  re- 

-  ,  ,        ,1  .      .  /.  •  1         1  r*  turns  to  bo  made 

make  a  return  to  the  commissioner  oi  savings  baiiKS  oi  to  commissioner 

this  Commonwealth  on  or  before  the  second  Monday  of  ^IX!"^' 

May  and  November,  which  shall  be  signed  and  sworn  to 

by  a  majority  of  its  board  of  directors,  stating  the  full 

amount  of  its  capital  stock,  the  amount  of  its  guarantee 

fund,  the  amount  of  all  its  liabilities  direct  and  indirect, 

and  in  detail  the  amount  of  the  securities  guaranteed,  and 

of  all  its  investments  in  real   estate    securities,    and   in 

general  the  exact  financial  condition  of  sai^  corporation. 

Said  commissioner  shall  have  the  same  access  to  the  vaults, 

books  and  papers  of  said  company,  and  it  shall  be  his 

duty  to  inspect,  examine  and  inquire  into  its  affairs,  and 

to  take  proceedings  in  regard  to  them,  in  the  same  manner 

and   to   the   same  extent   as   if   the  corporation  were   a 

savings  bank. 

Section  9.     Said    corporation    shall    have    the    same  power  to  hoia 
power   to   hold,    purchase   and    convey   real    estate   and  ggttte!'^^''^  "^^^ 
jDcrsonal  property  necessary  for  the  purposes  of  its  organ- 
ization, that  is  given  to  corporations  organized  under  the 
general  law  by  chapter  two  hundred  and  twenty-four  of 
the  statutes  of  eighteen  hundred  and  seventy. 

Section  10.  Said  corporation,  for  purposes  of  tax-  Taxation. 
ation,  shall  be  subject  to  the  provisions  of  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five  and  to  any  acts  existing  or  that 
may  hereafter  be  passed  in  amendment  thereof,  and  also 
to  the  provisions  of  all  general  laws  relating  to  the  taxa- 
tion of  coq^orations,  so  far  as  the  same  may  be  applicable  ; 
and  the  returns  to  be  made  by  said  corporation  shall  be 
those  provided  for  in  section  eight  of  this  act,  and  those 
required  by  chapter  two  hundred  and  eighty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-five,  and  by 
acts  passed  in  amendment  thereof,  and  those  which  may 
be  required  by  general  laws  from  all  corporations  in  this 
Commonwealth. 

Section  11.     The  books  of  said  company  shall  at  all  Books  to  be 
times  be  open  for  inspection  to  the  stockholders  and  to  all  tiontothe"tock- 
holdcrs    of    bonds,    notes    or    other   evidences    of    debt  ^°^'^''''''' 
guaranteed  by  the  said  company ;  and  every  stockholder 
shall  be  furnished  with  a  copy  of  this  charter. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6,  1873. 


698 


1873.— Chapter  271. 


Attleborougli 
village  to  be  sup- 
plied with 
water. 


May  establish 
public  fountains 
and  hydrants. 


Selectmen  may 
select  site  for 
reservoir  if  vot- 
ers of  district 
cannot  agree, 
&c. 


Oh        271     "^  ^^^  ^^  SUPPLY    THE   VILLAGE   OP   ATTLEBOROUGH    WITH    WATER 
■  FOR  THE  EXTINGUISHMENT  OF  FIRES  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  <£c.,  as  follows : 

Section  1.  The  inhabitants  of  the  village  of  Attle- 
borough  in  the  county  of  Bristol,  liable  to  taxation  in  the 
town  of  Attleborough  and  residing  within  a  radius  of  half 
a  mile  from  the  centre  of  the  passenger  depot  of  the 
Boston  and  Providence  Railroad  in  said  village,  shall  con- 
stitute a  water  district,  and  are  made  a  body  corporate  by 
the  name  of^he  Attleborough  water  supply  district,  for  the 
purpose  of  providing  a  reservoir  of  water  for  the  extin- 
guishment of  fires,  for  generating  steam  and  for  domestic 
purposes,  with  power  to  convey  water  to  different  parts  of 
said  district ;  to  establish  public  fountains  and  hydrants 
and  regulate  their  use,  or  discontinue  the  same,  and  to  fix 
and  collect  rents  for  the  use  of  such  water ;  and  said 
district  is  also  empowered  to  purchase  a  suitable  site  and 
to  build  and  maintain  a  reservoir  for  the  uses  aforesaid,  in 
such  part  of  said  district  as  it  may  determine  ;  but  in  case 
said  district  cannot  agree  upon  a  site  for  said  reservoir  by 
a  vote  of  two-thirds  of  the  legal  voters  of  said  district, 
present  and  voting  thereon  at  a  meeting  called  for  the 
purpose,  or  cannot  agree  with  the  owner  of  the  land  upon 
the  price  thereof,  the  selectmen  of  the  town,  on  the  appli- 
cation of  the  prudential  committee  or  seven  or  more  of 
the  legal  voters  in  said  district,  are  authorized  to  select 
the  location,  not  exceeding  forty  square  rods  of  land,  and 
to  determine  the  damage  to  be  paid  to  the  owner  of  the 
laud  so  selected,  in  the  manner  provided  in  sections  thirty- 
eight  and  thirty-nine  of  chapter  thirty-eight  of  the  General 
Statutes  and  subject  to  the  right  of  appeal  as  therein 
provided. 

Section  2.  Said  district  is  also  empowered  to  take 
water  from  the  Ten  INIile  River  within  the  limits  of  the 
district  and  convey  the  same  to  all  parts  thereof,  and  may, 
with  the  approval  of  the  selectmen  of  the  town,  take  and 
hold  all  land  necessary  for  raising,  holding  and  preserving 
such  water,  and  may  erect  thereon  proper  dams,  build- 
ings, fixtures  and  other  structures,  and  may  make  excava- 
tions and  procure  and  operate  any  machinery  therefor ; 
and  may  also  construct  and  lay  down  conduits,  pipes  and 
drains  under  or  over  any  water-course,  and  under  any 
railroad  and  under  and  along  any  street,  highway  or  other 
way  in  said  town,  in  such  manner  as  will  do  the  least 


May  take  water 
from  Ten  Mile 
River. 


May  construct 
conduits  and 
drains. 


1873.— Chapter  271.  699 

damage,  and  for  the  purpose  of  constructing,  laying  down, 

maintaining  and  repairing  such  conduits,  pipes  and  drains, 

and  for  all  other  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  the   town,  and   all 

things  done  upon  any  railroad  shall   be    subject  to   the 

direction  of  the  county  commissioners  for  the  county  of 

Bristol.     AYithin  sixty  days  after  the  time  of  taking  any  Description  of 

land  as  aforesaid,  the  district  shall  file  in  the  registry  of  iS^d  i^re^^try'' 

deeds  for  the  county  in  which  such  land  lies,  a  description  o^ '^eeds. 

thereof  sufficiently   accurate   for   identification,    together 

with  a  statement  of  the  purposes  for  which  the  same  is 

taken. 

Section  3.  For  the  purpose  of  defraying  necessary  May  raise 
expenses  and  lial)ilities  incurred  in  the  construction  and  ^o^'^J' t.y  ^^*- 
maintenance  of  said  works,  said  district  upon  a  two-thirds 
vote  of  its  legal  voters,  present  and  voting  at  a  meeting 
called  for  the  purpose,  may  raise  by  taxation  on  the  polls 
and  estates  of  the  persons  residing  within  its  limits,  and 
of  non-resident  owners  of  real  estate  therein  and  liable  to 
taxation  in  said  town,  any  sums  of  money,  not  exceeding 
in  the  whole  amount  ten  thousand  dollars  for  the  fii-st 
year ;  and  after  that  sum  shall  have  been  raised  and  ex- 
pended for  the  purposes  herein  provided,  said  district  may 
thereafter  raise  in  the  manner  heretofore  provided  in  this 
act,  further  sums  of  money,  not  exceeding  one  thousand 
dollars  annually,  for  the  purpose  of  extending  and  repair- 
ing said  works. 

Section  4.     Whenever   a  tax   is  duly  voted   by  said  Tax  to  be^- 
district,  the   clerk   shall   render  a  certified   copy    of  the  a^essorsofthe 
record  to  the  assessors  of  the  town,  who  shall  proceed,  *°^°' 
within  thirty  days,  to  assess  the  same  on  the  polls  and 
estates   of  the   inhabitants  of  said  district,  and  on  non- 
resident owners  of  real  estate  therein,  and  on  all  real  estate 
which  any  resident  holds  in  the   town,  the  same  being 
under  his  own  actual  improvement. 

The  assessment  shall  be  committed  to  one  of  the  town 
collectors,  who  shall  collect  said  tax  in  the  same  manner 
as  is  provided  for  the  collection  of  school  district  taxes, 
and  shall  deposit  the  proceeds  thereof  with  the  town 
treasurer. 

Section  5.     Instead  of  raising  money  as  provided  in  District  may 
section  three,  said  district  may  issue  bonds,  signed  by  the  i^^^e  bonds  not 

29 


700 


1873.— Chapter  271. 


exceeding  $20,- 
000. 


Bonds  may  be 
sold  at  public  or 
private  sale. 


First  meeting  of 
district  to  be 
called  by  select- 
men on  petition 
of  seven  or  more 
legal  voters. 


Subject  to  ac- 
ceptance by  a 
two-thirds  vote. 


Prudential  com- 
mittee to  have 
charge  of  the 
works. 


To  make  an  an- 
nual report. 


clerk  and  countersigned  by  the  prudential  committee  of 
said  district,  to  be  denominated  "  The  Attleborough  Water 
Supply  Bonds,"  to  an  amount  not  exceeding  twenty  thou- 
sand dollars,  payable  at  periods  not  exceeding  fifteen 
years  from  the  date  of  this  act,  with  interest  payable  semi- 
annually at  a  rate  not  exceeding  seven  per  centum  per 
annum ;  and  said  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  in  section  three  to  pay  said  bonds  and 
interest  thereon,  when  due;  but  said  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  whicl^  the  same  may  become  due. 

Section  6.  The  first  meeting  of  said  district  shall  be 
called  on  petition  of  seven  or  more  legal  voters  therein, 
by  a  warrant  from  the  selectmen  of  the  town,  directed  to 
one  of  the  petitioners,  requiring  him  to  give  notice  of  the 
meeting  by  posting  copies  of  said  warrant  in  three  or  more 
public  places  in  said  district  seven  days  at  least  before  the 
time  of  said  meeting,  and  by  publishing  such  notice 
thereof  as  the  warrant  may  require  in  the  Attleborough 
Chronicle,  published  in  said  town.  One  of  the  selectmen 
shall  preside  at  the  meeting  until  a  clerk  is  chosen  and 
sworn.  After  the  choice  of  a  moderator  for  said  meeting 
the  question  of  the  acceptance  of  this  act  shall  be  sub- 
mitted to  the  voters,  and  if  it  shall  be  accepted  by  two- 
thirds  of  the  voters  present  and  voting  thereon  it  shall 
thereupon  go  into  operation,  and  the  meeting  may  then 
proceed  to  act  on  the  other  articles  contained  in  the 
warrant. 

Section  7.  The  district  shall  choose  by  ballot  three 
persons  who  shall  constitute  the  prudential  committee  and 
shall  hold  ofiice  for  one  year  and  until  others  shall  be 
chosen  in  their  stead.  The  prudential  committee  shall 
have  in  charge  the  construction  and  maintenance  of  the 
works  herein  provided. 

No  money  belonging  to  the  district  shall  be  drawn  from 
the  treasury  of  the  town  except  by  the  written  order  of 
the  prudential  committee  or  a  majority  of  them.  They 
shall  annually  make  a  full  report  in  writing  of  their  doings 
and  expenditures.  Any  vacancy  in  either  of  these  offices 
may  be  filled  at  a  regular  meeting  of  the  voters  of  said 
district  called  for  the  purpose. 


1873.— Chaptee  2T1.  701 

Section  8.     Said   district   shall  be   liable   to   pay  all  ^^^If"' 
damages  sustained  by  any  persons  or  corporations  by  the 
taking  of  any  land,  water  or  water  rights,  or  by  the  con- 
struction of  any  aqueducts,  reservoirs  or  other  works  for 
the  purposes  mentioned  in  this  act. 

If  any  person  or  corporation  sustaining  damages  as 
aforesaid,  cannot  agree  with  said  district  upon  the  amount 
of  such  damages  he  may  have  the  same  assessed  by  the 
selectmen  of  the  town,  by  making  a  written  application 
therefor  within  one  year  after  sustaining  such  damages ; 
and  either  party  aggrieved  by  the  doings  of  said  select- 
men in  the  estimation  of  said  damages  may  have  the  same 
determined  by  a  jury,  and  the  same  proceedings  shall  in 
all  respects  be  had  and  in  the  same  manner  as  is  provided 
in  case  of  taking  lands  for  highways. 

Section  9.     Said   district   is    made  a   body  corporate  District  made  a 
with   power  to  take  and  hold  property  for  the  purposes  folr  purpo^ses'^of 
mentioned  in  this  act,  and  to  prosecute  and  defend  in  all  thisact. 
actions  relating  to  the  property  and  affairs  of  said  district. 

Section  10.     Any  person  who  shall  maliciously  divert  Penalty  for  di- 

.,  .  jii  n    J    1  1  11         XI       vertingjwater  or 

the  water,  or  any  part  thereoi,  talieu  and  used  under  tne  maiicioiisiy  cor- 
provisions  of  this  act,  or  who  shall  maliciously  corrupt  the  same"^''^  ^ 
same  or  render  it  impure ,  or  who  shall  maliciously  destroy 
or  injure  any  dam,  aqueduct,  pipe,  hydrant  or  other 
property,  real  or  personal,  held,  owned  or  used  by  said 
district  for  the  purposes  of  this  act,  shall  pay  three  times 
the  actual  damage  done  to  said  district,  to  be  recovered 
in  an  action  of  tort. 

Any  such  person,  on  conviction  of  any  of  the  malicious 
acts  aforesaid,  shall  be  punished  by  fine  not  exceeding 
one  hundred  dollars,  or  imprisonment  not  exceeding  six 
months,  or  by  both  fine  and  imprisonment. 

Section    11.      The    said   district  may   adopt  by-laws  May  adopt  by- 
prescribing  by  whom  and  how  meetings  may  be  called  mrM^er^ofhoki? 
and  notified  ;  but  meetings  may  also  be  called  on  applica-  Jng  meetings. 
tion  of  seven  or  more  voters  in  said  district,  by  warrant 
from  the  selectmen,  on  such  notice  as  may  be  prescribed 
therein. 

The  district  may  also  provide  rules  and  regulations  on 
other  subjects  not  inconsistent  with  this  act  or  the  laws  of 
the  Commonwealth ;  and  said  district  may  choose  such 
other  officers  not  provided  for  in  this  act,  as  it  may  deem 
proper  and  necessary. 

Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6, 1873. 


702  1873.— Chapters  272,  273,  274. 

01)        272     ^  ^^^  AMENDING  AN  ACT  RELATING  TO   THE   ASSESSMENT   OF  TAXES 
XylL.      ^iin.  UPON  ESTATES  OMITTED  IN  THE  ANNUAL  TAXATION. 

Be  it  enacted,  cfcc,  as  follows: 
i^^s^.Ti*"  Section  1.  Section  one  of  chapter  three  hundred  and 
twenty  of  the  acts  of  eighteen  hundred  and  sixty-eight,  is 
amended  by  striking  out  the  word  "five,"  and  inserting 
instead  thereof  the  word  "  one,"  also  b}^  striking  out  the 
words  "  first  day  of  August,"  and  inserting  "  fifteenth  day 
of  September." 

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

Approved  May  6,  1873. 

Cll.  273.  -^  ^'^'^  ^^  AUTHORIZE  THE  TOWN  OF  WAKEFIELD  TO  PAT  BOUNTIES 
TO  SOLDIERS  WHO  SERVED  AS  PART  OF  THE  QUOTA  OF  SAID  TOWN 
IN  THE  RECENT  WAR. 

Be  it  enacted,  &c.,  asfolloivs: 
Mayjawe  ^  SECTION  1.     The   town   of  Wakefield   may  raise   and 

bounties  to  sol-   appropriate  money  to  pay  bounties  to  soldiers  'who  served 

diers  not  exceed-    i-vi        ^    •  j_i?xi  i.         i?         'ij. 

ingfiooto  each  dui'mg  the  latc  war  as  a  part  oi  the  quota  or  said  town, 
Boidier.  ^^^  ^j^Q  have  not  received  a  town  or  subscription  bounty, 

to  the  amount  of  one  hundred  dollars  :  provided,  however, 
that  the  amount  of  money  so  raised  and  applied  shall  not 
exceed  the  sum  of  one  hundred  dollars  for  each  soldier 
who  is  paid  a  bounty  under  this  act :  and  provided,  further, 
that  said  town  shall  not  be  reimbursed  by  the  Common- 
wealth for  any  money  paid  under  the  provisions  of  this 
act. 
Bounty  to  be  SECTION  2.     If  any  such  soldier  has  died,  or  shall  die 

paid  to  widow,     ,„  ,  .  i-i  •  ini-i 

&c.,  if  soldier  is  bciore   hc   rcccives    his    bounty,  it   shall   be  paid  to  his 
widow,  or  if  he  leave  no  widow,  to  his  lawful  heirs. 
Section  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  6, 1873. 

ri-j      oiTj.  An  Act  to  establish  the  lexington  water  company. 

Be  it  enacted,  &c.,  as  follows: 
Corporators.  Section  1.     Gco.  W.  Kobiuson,  Howlaud  Holmes,  M. 

H.  Merriam,  F.  F.  Raymond,  Gershom  Swan,  Hammon 

Eeed,  their  associates  and  successors,  are  made  a  corpora- 
Name  and  pur-  by  the  name  of  The  Lexington  Water  Comj^any,  for  the 
^°*^'  purpose  of  furnishing  the  inhabitants  of  Lexington  with 

Powers  and  du-  pui'c  watcr ;  witli  the  powers  and  privileges,  and  subject  to 
*'®®-  the  duties,  restrictions  and  liabilities  set  forth  in  the  general 

laws  which  are  or  may  hereafter  be  in  force  applicable  to 

such  corporations. 
May  take  water       Section  2.     Said  coi'poration,  for  the  purposes  afore- 
Bi°wk."'^         said,  may  take,  hold  and  convey,  through  said  town   of 


1873.— Chaptek  274.  703 

Lexington,  or  any  part  thereof,  the  waters  of  Vine  Brook 
and  its  tributaries,  within  said  town ;  and  may  take  and  Jf^J^^l^a^.''''* 
hold,  by  purchase  or  otherwise,  such  land  as  may  enable 
them  to  construct  one  or  more  reservoirs  for  the  storage 
of  water  on  any  part  of  said  brook,  below  the  point  where 
it  is  crossed  by  the  Lexington  and  Arlington  Railroad, 
and  at  or  above  the  site  of  the  Gibbs  Mill,  so  called,  and 
such  other  laud,  not  more  than  five  rods  wide  on  the  said 
brook,  and  around  any  storage  or  distributing  reservoir, 
as  may  be  necessary  to  protect  the  same  and  secure  the 
purity  of  the  water ;  and  may  also  take  and  hold,  in  like 
manner,  such  land  as  may  be  necessary  for  erecting  any 
building  for  machinery  to  raise  water  or  force  it  through 
the  town,  or  any  part  thereof;  for  constructing  any  dis- 
tributing reservoir ;  for  erecting  any  dam  or  embankment, 
and  for  laying  down  and  maintaining  conduits  and  pipes, 
and  constructing  drains,  aqueducts,  hydrants  and  other 
works  for  collecting,  conducting  and  distributing  water 
among  the  inhabitants. 

And  said  corporation  shall,   within  ninety  days  after  '^j.°f^l^Jg^^- 
taking   such   laud,  file   in   the   registry  of  deeds  for  the  description  of 
southern   district  of  Middlesex  County,  a  description  of 
the  land  so  taken,  sufficiently  accurate  for  identification, 
together  with  a  statement  of  the  purpose  for  which  it  is 
taken. 

Section  3.  And  said  corporation  may,  for  the  pur-  ^^^J^^Prthe 
poses  aforesaid,  cany  its  pipes  and  drains  over  or  under  direction  of  se 
any  water-course,  streei,  railroad,  highwaj''  or  other  way, 
in  such  a  manner  as  not  to  obstruct  the  same ;  and,  for 
like  purposes,  may  enter  upon  and  dig  up  any  road,  under 
the  direction  of  the  selectmen  of  the  town  of  Lexington, 
in  such  a  manner  as  to  cause  as  little  hindrance  as  possi- 
ble to  the  travel  thereon. 

Section  4.  Said  corporation  shall  be  liable  to  pay  all  dam^S/^"^  • 
damages  sustained  by  the  taking  of  any  land,  water  or 
water  rights,  or  by  the  constructing  of  aqueducts,  hydrants, 
reservoirs  or  other  works  for  the  purposes  aforesaid.  K 
any  party  sustaining  damage  as  aforesaid,  cannot  agree 
with  said  corporation  upon  the  amount  of  said  damage, 
he  may  have  the  same  assessed  by  the  county  commis- 
sioners, and  if  either  party  is  dissatisfied  with  the  award 
of  the  commissioners,  application  may  be  made  within  one 
year  from  the  award  of  said  commissioners,  for  a  trial  by 
jury,  and  the  same  proceedings  may  be  had,  and  the  same 


704 


1873.— Chapter  274. 


Damages  to  be 
paid  before  en- 
tering upon 
land. 


No  application 
to  be  made  for 
damages  for  tak- 
ing water  rights 
until  water  is  ac- 
tually diverted. 


Capital  stock 
not  to  exceed 
$100,000. 


May  fix  rate  of 
water  rents. 


Penalty  for  ma- 
liciously  divert- 
ing water  or  ren- 
dering it  im- 
pure. 


Lexington  may 
take  twenty-flve 
per  cent,  of  capi- 
tal stock. 


provisions  of  law  shall  apply  as  in  the  case  of  land  taken 
for  highways.  All  damages  for  taking  land  for  the  pur- 
poses aforesaid  shall  be  paid  or  secured  by  said  corpora- 
tion, before  entering  upon  said  land  except  for  surveys  or 
explorations. 

Section  5.  No  application  shall  be  made  to  the  county 
commissioners  for  the  assessment  of  damages  for  the  tak- 
ing of  any  water  rights,  until  the  water  is  actually  with- 
drawn or  diverted  b}^  said  corporation ;  and  any  person 
whose  water  rights  are  thus  taken  or  affected,  may  apply, 
as  aforesaid,  at  any  time  within  two  years  from  the  time 
when  the  water  is  withdrawn  or  diverted. 

Section  6.  The  capital  stock  of  said  corporation  shall 
not  exceed  one  hundred  thousand  dollars,  and  no  pecuniary 
liability,  except  for  surveys  and  preliminary  arrange- 
ments, shall  be  assumed  until  ninety  per  centum  of  said 
capital  stock  shall  have  been  subscribed,  and  ten  per 
centum  of  that  sum  shall  have  been  actually  paid  in. 

Section  7.  The  corporation  may  fix  the  rate  of  water 
rents  and  the  mode  of  delivering  the  water ;  and  the 
occupant  of  every  tenement  into  which  the  water  is  intro- 
duced 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,  oh  being  notified  of  such  use,  he 
does  not  object  thereto. 

Section  8.  If  any  person  shall  use  any  of  said  water, 
taken  under  this  act,  without  the  consent  of  said  corpora- 
tion, or  shall  wantonly  or  maliciously  divert  the  water,  or 
any  part  thereof  so  taken,  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  corporation  under  the 
authority  of  and  for  the  purposes  of  this  act,  he  shall 
forfeit  and  pay  to  said  corporation  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  punished  by  a  fine  not 
exceeding  three  hundred  dollars,  or  by  imprisonment  in 
jail  not  exceeding  one  year. 

Section  9.  The  town  of  Lexington  may  take  and 
hold  twenty-five  per  centum  of  the  capital  stock  of  this 
corporation,  and  have  its  proportionate  voice  in  the  man- 
agement of  the  affairs  of  said  corporation,  provided  it  shall 
vote  so  to  do  at  any  legal  meeting  called  for  that  purpose. 


1873.— Chapter  274.  705 

Section  10.     The  town  of  Lexington  is  authorized  to  Lexington  may 
purchase    all   the    franchise,  rights    and  property  of  said  cWse  with  wTe 
corporation,  with   the  written   assent   of  at   least   three-  fourths^in  i^tei- 
fourths  in  interest  of  the  stockholders,  and  the  said  cor-  ^oidlr^'' ^*^''^" 
poratiou  is  authorized,  upon  such  written  assent,  to  make 
sale  of  the  same.     And  this  authority  to  purchase  said 
franchise  and  property  is  granted  only  on  condition  that 
the  same  is  assented  to  by  said  town  by  a  three-fifths 
vote  at  a  legal  meeting  called  for  that  purpose. 

Section  11.  For  the  purpose  of  defraying  the  cost  of  »Llxi^ton*^"^ 
such  property,  lands,  water  and  water-rights,  as  shall  be  water  scrip" 
purchased  for  the  purposes  aforesaid,  the  town  shall  have  $100^,000.  ^  • 
authority  to  issue,  from  time  to  time,  notes,  scrip  or  cer- 
tificates of  debt,  with  or  without  coupons,  to  be  denomi- 
nated on  the  face  thereof,  "Lexington  Water  Scrip,"  to 
an  amount  not  exceeding  one  hundred  thousand  dollars, 
bearing  interest  not  exceeding  seven  per  centum  per 
annum,  which  interest  shall  be  payable  semi-annually,  and 
the  principal  shall  be  payable  at  periods  not  more  than 
fifteen  years  from  the  issuing  of  said  scrip,  notes  or  cer- 
tificates of  debt  respectively ;  and  the  town  may  sell  the 
same  or  any  part  thereof,  from  time  to  time,  at  public  or 
private  sale,  for  the  purpose  aforesaid,  on  such  terms  and 
conditions  as  the  town  may  think  proper.  The  said  town 
is  further  authorized  to  make  appropriations  and  assess, 
from  time  to  time,  such  amounts,  not  exceeding,  in  any 
one  year,  the  sum  of  five  thousand  dollars,  towards  paying 
the  principal  of  the  money  borrowed,  and  also  a  sum 
sufficient  to  pay  the  interest  thereof,  in  the  same  manner 
that  money  is  assessed  and  appropriated  for  other  munici- 
pal purposes. 

Section  12.     In  case  the  town  of  Lexington  shall  pur-  Towntoexer- 
chase  the  property,  rights,   privileges  and  franchises   of  coufeJrld  upon 
the  corporation  established  by  this  act,  the  said  town  shall  fraSesrs'^ 
exercise   all   the   rights,  powers   and    authority,   and   be  purchased. 
subject  to  all  the  restrictions,  duties  and  liabilities  herein 
contained,  in  such  manner  and  by  such  officers,  servants 
or  agents  as  the  town  may  direct.     And  the  town  shall  be 
liable  to  pay  all  damages  for  land,  water  or  water-rights 
taken  for  the  purj^oses  set  forth  in  this  act,  which  shall 
not  have  been  previously  paid  by  said  corporation. 

Section  13.     Tliis  act  shall  take  effect  on  its  passage. 

Approved  May  12, 1873. 


706 


1873.— Chapteks  275,  276. 


CJl        27'tI     ^  ^^'^   GIVING  TRIAL  JUSTICES   OF  JUVENILE  OFFENDERS  JURISDIC- 
Kjfl.      ZiiO.  ^jQjj  jj^  MATTERS   RELATING   TO  INSANE  PERSONS. 

Be  it  enacted,  &c.,  as  follotvs : 
Trial  justices  of      Ally  trial  justice  of  juvenile  offenders  of  Suffolk  county 
iTlto  havefuris-  sliall  liavc  the  same  jurisdiction  as  the  judge  of  probate  in 
ters^MiatiSo    ^^1  matters  relating  to  the  commitment  of  insane  persons, 
insane  persons.    ^^^  ^^y  commit  to  either  of  the  state  lunatic  hospitals  or 
to  the  Boston  Lunatic  Hospital,  any  insane  person,  who  in 
his  opinion  is  a  proper  subject  for  treatment  or  custody  in 
such  hospitals,  in  accordance  with  the  laws  now  or  here- 
after in  force  in  relation  to  lunatic  hospitals  and  insane 
persons.     Said  trial  justices  shall  receive  the  same  fees 
and  compensation  as  now  provided  by  law  for  judges  of 
probate  in  like  cases,  to  be  paid  by  the  county  of  Suffolk. 

A2Jproved  May  12,  1873. 


Fees. 


Ch.   276. 


Outer  station 
for  Boston  pi- 
lots. 


Station  boat  to 
show  signals 
and  remain  on 
station  until  re- 
lieved. 


Inner  station. 


An  Act  to  establish  a  cape  cod  station  for  boston  pilots. 
Be  it  enacted,  &c.,  as  follows  : 

There  shall  be  two  stations  for  Boston  pilots  for  inward- 
bound  vessels.  The  outer  station  shall  include  a  distance 
in  sight  of  land  in  fair  weather  from  the  boat's  deck,  from 
where  Kace  Point  bears  south  to  where  the  Highland 
Light  bears  west  north-west.  The  station  boat  shall  at 
all  times  show  pilot  signals,  and  shall  remain  on  the 
station  until  relieved,  or  compelled  by  unavoidable 
circumstances  to  leave,  in  which  case  the  fact  shall  be 
reported  to  the  commissioners  of  pilots  in  the  most 
expeditious  way,  who  may  then  order  any  available  boat 
to  take  her  place  and  remain,  subject  to  the  like  duties, 
and  the  boat  so  ordered  shall,  until  relieved,  be  the 
station  boat.  The  last  pilot  in  the  station  boat  on  leaving 
shall  direct  the  boat  to  supply  herself  with  pilots  in  the 
most  expeditious  way. 

The  pilot  boats  on  duty  at  this  outer  station  shall  be 
provided  with  proper  signals  to  communicate  with  the 
telegraph  station  on  shore,  their  need  of  pilots  or  other 
matters  concerning  their  duties,  which  information  shall 
be  transmitted  to  their  agent  at  Boston,  who  shall  give 
immediate  attention  thereto. 

The  existing  regulations  of  law  for  the  inner  station 
shall  also  apply  to  the  Cape  Cod  station  created  by  this 
act,  Ajyproved  May  12, 1873. 


1873.— Chapters  277,  278.  707 

An  Act  m  addition  to  an  act  to  supply  the  town  of  wm-  (Jj^^    277. 

CHESTER  WITH  PURE  WATER. 

Be  it  enacted,  (fee,  as  follows  : 

Section  1.     The  town  of  Winchester  for  the  purposes  Maycouect 

-1.11  •  />ij^j^  iiTi   water  in  towns 

named  m  the  hrst  section  of  chapter  two  hundred  and  of  Winchester, 
sixt^^-five  of  the  acts  of  the  year  eighteen  hundred  and  fto^ehai^^im, 
seventy-two,  may  collect  the  water  of  and  on  the  ^^• 
territory  lying  along  the  easterly  side  of  the  town  of 
Winchester,  being  in  the  towns  of  Winchester,  Med- 
ford  and  Stoueham,  extending  eighty  rods  south  of  the 
north  line  of  said  town  of  Medford,  and  including  all 
the  natural  water-shed  of  said  territory,  by  means  of 
dams,  aqueducts,  pipes,  pumps,  reservoirs  or  such  other 
structures  as  may  be  necessary  and  convenient  for  the 
preservation  and  purity  of  said  water,  and  may  convey 
the  said  water  from  said  territory  by  any  convenient 
route,  and  distribute  the  same  in  the  manner  and  upon  the 
conditions  and  terms  set  forth  in  said  act;  provided,  that 
none  of  the  waters  tributary  to  Spot  Pond  shall  be  diverted 
from  said  Spot  Pond  by  virtue  hereof. 

Section  2.     Within  sixty  days  after  taking  any  of  the  Tomemregis- 
land  aforesaid,  said  town  of  Winchester,  by  and  through  wftMnsl^ty 
its  board  of  water  commissioners,  shall  file  in  the  registry  onan'dtakTn!*'^ 
of  deeds  for  the  county  in  which  the  land  lies,  a  descrip- 
tion thereof,  sufficiently  accurate  for  identifying  the  same, 
together  with  a  statement  of  the  purpose  for  which  said 
land   is   taken.     All   claims   for    damages    sustained    by 
taking  lands,  water  ov  water-rights  or  by  making  aque- 
ducts,   reservoirs   or   other  works   shall   be   ascertained, 
determined  and  recovered  as  provided  by  law  in  case  of 
land  taken  for  highways,  except  that  the  complaint  in  the 
second  section  of  said  act  may  be  filed  within  three  years 
after  said  taking. 

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

Approved  May  12,  187o. 

An  Act  relating  to  clerical  assistance  for  district  attor-  fij.      oyQ 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     In   any   district    in    which    there    is    no  District  attor- 
assistant  district  attorney,  the  court  may  allow  such  sum  cierk^henXre 
as  it  may  deem  reasonable  for  the  services  of  a  clerk  to  attorney!^*'*^* 
aid  the  district  attorney  in  the  transaction  of  the  criminal 
business  of  the  district,  the  same  to  be  paid  from  the 
county  treasury. 

Section  2.     This  act  shall  take  efiect  upon  its  passage. 
30  Approved  May  12, 1873. 


708 


1873.— Chaptees  279,  280. 


C7l.      279  ^^  ^^^    RELATING  TO  THE  ATTENDANCE  OF  CHILDREN  AT  SCHOOL. 

Be  it  enacted,  &c.,  as  follows  : 
G^s^tTr""        Section  1.     Sectioa  one  of  chapter  forty-one  of  the 
General  Statutes  is  amended  to  read  as  follows  : — 

Every  person  having  under  his  control  a  child  between 
the  ages  of  eight  and  twelve  years,  shall  annually  cause 
such  child  to  attend  some  public  day  school  in  the  city  or 
town  in  which  he  resides  at  least  twenty  weeks  ;  and  for 
every  neglect  of  such  duty  the  party  olfending  shall 
forfeit  to  the  use  of  the  public  schools  of  such  city  or 
town  a  sum  not  exceeding  twenty  dollars ;  but  if  the 
party  so  neglecting,  was  not  able,  by  reason  of  poverty, 
to  send  such  child  to  school,  or  such  child  has  attended  a 
private  day  school,  approved  by  the  school  committee  of 
such  city  or  town  for  a  like  period  of  time,  or  is  regu- 
larly attending  a  public  or  private  day  school,  known  as  a 
half-time  school,  also  approved  by  them,  or  that  such 
child  has  been  otherwise  furnished  with  the  means  of 
education  for  a  like  period  of  time,  or  has  already  ac- 
quired the  branches  of  learning  taught  in  the  public 
schools,  or  if  his  physical  or  mental  condition  is  such  as 
to  render  such  attendance  inexpedient  or  impracticable, 
the  penalty  before  mentioned  shall  not  be  incurred : 
provided,  that  no  objection  shall  be  made  by  the  school 
committee  to  any  such  school  on  account  of  the  religious 
teaching  in  said  school. 

Section  2.  The  second  section  of  chapter  forty-one 
of  the  General  Statutes  is  amended  to  read  as  follows  : — 

The  truant  officers  and  the  school  committee  of  the 
several  cities  and  towns  shall  vigilantly  inquire  into  all 
cases  of  neglect  of  the  duty  prescribed  in  the  preceding 
section,  and  ascertain  the  reasons,  if  any,  therefor;  and 
such  truant  officers,  or  any  of  them,  shall,  when  so 
directed  by  the  school  committee,  prosecute,  in  the  name 
of  the  city  or  town,  any  person  liable  to  the  penalty 
provided  for  in  the  preceding  section. 

Justices  of  police  or  district  courts,  trial  justices, 
trial  justicics  of  juvenile  offenders,  and  judges  of  probate 
shall  have  jurisdiction  within  their  respective  counties  of 
the  offences  described  in  this  act.       Ai^xiroved  May  12, 1873. 

Ch        280     ^^  -^^^  ^  RELATION   TO    MORTGAGES    BY   GUARDIANS   AND   OTHERS. 

Be  it  enacted,  &c.,  as  follows: 
^endmentto        SECTION  1.     The  first  scctiou  of  the  two  hundred  and 
'     '    '      eighty-second   chapter  of  the  acts  of  the  year  eighteen 


Amendment  1 
G.  S.  41,  §  2. 


Jurisdiction. 


1873.— Chapters  281,  282.  709 

hundred  and  seventj-one  is  amended  by  striking  out  the 
words  "the  guardian  of  a  minor,"  and  inserting  in  place 
thereof  "  a  guardian." 

Section  2.     All   statutes    authorizing    administrators,  May  execute 

1  I     1  1      11    1        mortgages  witn 

guardians  and  trustees  to  mortgage  real  estate,  shall  be  power  of  sale. 
construed  as  authorizing  the  giving  of  a  mortgage  con- 
taining a  power  of  sale. 

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

Approved  May  12,  1873. 

An  Act  to  aknex  certain  territory  in  the  town  of  win-  rix      281 

CHESTER   TO   THE   TOWN   OF  WOBURN. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  following  described  territory,  contain- Part  of  win- 

,         ,        .     ,  1     •  •       xi         J.  r  TTT"         Chester  annexed 

mg  about  sixty-seven  acres,  lymg  m  the  town  oi  Win-  toWobum. 
Chester,  and  being  mostly  the  property  of  the  town  of 
Woburn,  is  annexed,  with  the  estates  therein,  to,  and 
made  part  of  said  town  of  Woburn.  Said  territory  is 
bounded  as  follows  :  Beginning  at  a  stone  bound  on  Pond 
Street,  in  said  Woburn,  at  the  town  bound ;  thence 
running  south  seventy-eight  degrees  west,  by  the  existing 
line  between  said  towns  over  Horn  Pond  Mountain, 
thirty-two  hundred  and  ten  feet  to  a  stone  bound,  four 
hundred  and  ten  feet  distant  south-easterly  from  the 
existing  town  bound  on  Cambridge  Street,  in  said  Woburn 
and  said  Winchester ;  thence  running  south  forty-five 
degrees  forty  minutes  east,  about  twenty-one  hundred  and 
eighty-seven  feet  to  a  stone  bound ;  and  thence  running 
north  thirty-five  degrees  thirty-two  minutes  east,  about 
twenty-six  hundred  and  eighty  feet  to  the  point  of  begin- 
ning. 

Section  2.     The   stone   bounds   mentioned  in   section  Bounds  to  be 
one,  shall  be  erected  by  and  at  the  expense  of  the  town  of  of  wobi^n.*^^^ 
Woburn.  Approved  May  12, 1873. 

An  Act  to  authorize  the  city  of  Worcester  to  purchase  /^x      oqo 

LAND  for   slaughter-houses.  ^""      ^^^' 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  city  of  Worcester  may  purchase  and  May  purchase 
hold   land   as   a  place   for   carrying   on  the  business  of  for  slaughter- 
slaughtering  cattle  and  other  animals,  and  may  lease  the  ^°'^^- 
same  for  said  purpose  upon  such  terms  and  conditions  as 
the  city  council  of  said  city  shall  prescribe. 

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

Approved  May  12,  1873. 


710 


1873.— Chapters  283,  284,  285. 


Amendment  to 
1867,  303,  §  1. 


Gh.      283.   ^  ^^'^  AMENDING  AN  ACT   TO   PROVIDE   FOR  INQUESTS   IN  CASES  OF 

FIRE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  Section  one  of  chapter  three  hundred  and 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
seven  is  amended  by  striking  out  the  word  "thirty,"  and 
inserting  instead  thereof  the  word  "sixty." 

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

Approved  May  12,  1873. 

Ch.      284.   -^  ^^^  "^^  EXEMPT    VESSELS    EMPLOYED    IN    THE   COASTING    TRADE 

FROM  COMPULSORY   PILOTAGE. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  No  vessel  regularly  employed  in  the  coast- 
ing trade,  declining  the  services  of  a  pilot,  shall  be 
obliged  to  pay  compulsory  pilotage  into  or  out  of  any 
port  in  this  Commonwealth.  * 

No  authorized  branch  pilot  for  the  port  of  Boston  shall 
be  obliged  to  render  service  to  exempted  vessels,  in 
accordance  with  the  laws  and  regulations  as  applied  to 
vessels  that  come  within  the  compulsory  act. 

Section  2.  Hereafter  the  rates  of  pilotage  for  the 
port  of  Boston  shall  be  the  same  during  the  whole  year 
as  those  now  established  for  outward  and  inward  bound 
vessels  respectively,  for  the  six  months  commencing 
November  first  and  ending  April  thirtieth. 

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

Apjyroved  May  13,  1873. 

Ch        285     -^^  "^^^   ^^  INCORPORATE    THE    CHAPIN    BANKING    AND   TRUST   COM- 
'  '  PANY  OF  SPRINGFIELD. 

Be  it  enacted,  &c.,  as  follows : 

Corporators.  Section  1.     Chester   W.    Chapin,    J.    M.    Thompson, 

John  B.  Stebbins,  Daniel  L.  Harris,  Clark  W.  Bryan, 
Henry  S.  Lee,  Henry  S.  Hyde,  H.  N.  Case,  Henry 
Alexander,  Jr.,  W.  K.  Baker,  B.  F.  Bowles,  J.  A. 
Kumrill,  Henry  Fuller,  Jr.,  M.  P.  Knowlton,  Charles 
Merriam,  C.  O.  Russell,  Geo.  M.  Stearns,  J.  D.  Salford, 
all   of    Springfield,    Massachusetts,    their   associates    and 

Name  and  pur.  succcssors,  are  made  a  corporation  by  the  name  of  the 
Chapin  Banking  and  Trust  Company  of  Springfield,  to  be 
located  at  Springfield,  for  the  purpose  of  receiving  on 
deposit,  storage  or  otherwise,  money,  in  sums  of  one 
hundred  dollars  and  upwards,  government  securities, 
stocks,  bonds,  coin,  jewelry,  plate,  valuable  papers  and 
documents,  evidences  of  debt  and  other  property  of  every 


Coasting  vessels 
not  obliged  to 
pay  pilotage. 


Boston  pilots 
not  obliged  to 
render  service 
to  exempted 
vessels. 


Rates  of  pilot- 
age to  be  the 
same  during  the 
whole  year. 


pose. 


1873.— Chaptek  285.  711 

kind,  and  of  collecting  and  disbursing  the  interest  or 
income  upon  such  of  said  property  received  on  deposit  as 
produces  interest  or  income,  and  of  collecting  and  dis- 
bursing the  principal  of  such  of  said  property  as  produces 
interest  or  income,  when  it  becomes  due,  upon  terms  to 
be  prescribed  by  the  corporation ;  and  for  the  purpose  of 
advancing  money  or  credits  on  real  and  personal  security, 
on  terms  that  may  be  agreed  upon ;  and  all  the  powers  Powers  and 
and  privileges  necessary  for  the  execution  of  this  purpose 
are  hereby  granted,  subject,  nevertheless,  to  the  duties, 
restrictions  and  liabilities  set  forth  in  the  sixty-eighth 
chapter  of  the  General  Statutes,  and  in  all  the  general 
laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  such  corporations. 

Section  2.     Such  corporation  shall  at  all  times  have  on  To  have  on  hand 

•       T        f  1  {•  J^^        XT    •!.     1    Oj.   j.  ^*  '^^  times,  as  a 

hand,  as  a  reserve,  m  lawful  money  ot  the  Umtecl  otates,  reserve,  fifteen 
an  amount  equal  to  at  least  fifteen  per  centum  of  the  capit^f 
aggregate  amount  of  all  its  deposits  which  are  subject  to 
withdrawal  upon  demand,  or  within  ten  days ;  and  when- 
ever said  reserve  of  such  corporation  shall  be  below  such 
per  centum  of  such  deposits  it  shall  not  increase  its 
liabilities,  by  making  any  new  loans,  until  the  required 
proportion  between  the  aggregate  amount  of  such  deposits 
and  its  reserve  shall  be  restored  :  2)7^ovided,  that  in  lieu  of  Proviso. 
lawful  money  one-third  of  said  fifteen  per  centum  may 
consist  of  balances  payable  on  demand  due  from  any 
national  bank,  doing  business  in  this  Commonwealth, 
approved  by  the  commissioner  of  savings  banks ;  and  one 
other  third  of  said  fifteen  per  centum  may  consist  of 
bonds  of  the  United  States  or  of  this  Commonwealth,  the 
absolute  property  of  such  corporation. 

Section  3.     Any  court  of  law  or  of  equity,  including  ^j^ Jet  that ™'*^ 
courts   of  probate  and  insolvency  of  this  state,  may,  by  moneys  under 

,  '■,^  .  T  ,  '  -•  T         Its  control  may 

decree  or  otherwise,  direct  any  moneys  or  properties  under  be  deposited 
its  control,  or  that  may  be  paid  into  court  by  parties  to  poration.  °°'^" 
any  legal   proceedings,   or   which   may  be   brought   into 
court  by  reason  of  any  order  or  judgment  in  equity  or 
otherwise,    to  be    deposited  with  said   corporation   upon 
such   terms   and   subject   to  such  instructions  as  may  be 
deemed  expedient :  provided,  however,  that  said  corpora-  Proviso. 
tion  shall  not  be  required  to  assume  or  execute  an}^  trust 
without  its  own  assent.     Said  corporation  shall  also  have 
power  to  receive  and  hold  moneys  or  property  in  trust,  or 
on    deposit    from    executors,    administrators,    assignees, 


712  1873.— Chapter  285. 

guardians  and  trustees,  upon  such  terms  or  conditions  as 
Proviso.  may  be  obtained  or  agreed  upon  :  provided,  also,  that  all 

such  moneys  or  properties  received  under  the  provisions  of 
this  section,  shall  be  loaned  on  or  invested  only  in  the 
authorized  loans  of  the  United  States,  or  of  any  of  the 
New  England  states,  or  of  cities,  counties,  or  towns  of 
this  state,  or  stocks  of  state  or  national  banks,  organized 
within  this  Commonwealth,  or  the  first  mortgage  bonds  of 
any  railroad  company  incorporated  by  any  of  the  New 
England  states,  which  has  earned  and  paid  regular  divi- 
dends on  its  stocks,  for  two  years  next  preceding  such 
loan  or  investment,  or  the  bonds  of  any  such  railroad 
company  unincumbered  by  mortgage  or  first  mortgages 
on  real  estate  in  this  Commonwealth  or  in  any  securities 
in  which  savings  banks  are  allowed  to  invest,  or  upon  the 
notes  with  two  sureties  of  manufacturing  coi-porations 
created  under  the  laws  of  this  state,  or  of  individuals  with 
a  sufficient  pledge  as  collateral  of  any  of  the  aforesaid 
securities ;  (but  all  real  estate,  acquired  by  foreclosure  of 
mortgages,  or  by  levy  of  execution,  shall  be  sold  at 
public  auction  within  two  years  of  such  foreclosure  or 
Proviso.  levy)  :  provided,   also,  that  all  such  money  or  property 

received,  invested  or  loaned  under  this  section  shall  be  a 
special  deposit  in  said  corporation,  and  the  accounts 
thereof  shall  be  kept  separate,  and  such  funds,  and  the 
investment  or  loans  of  them  shall  be  specially  appropriated 
to  the  security  and  payment  of  such  deposits-,  and  not  be 
subject  to  the  other  liabilities  of  the  corporation ;  and  for 
the  purpose  of  securing  the  observance  of  this  proviso, 
said  corporation  shall  have  a  trust  department,  in  which 
all  business  authorized  by  this  section  shall  be  kept 
separate  and  distinct  from  its  general  busir.ess. 
Liabilities  of  SECTION  4.     The  total  liabilities  to  this  corporation  of 

any  corporation,  ^  ..  jiji  'j-  j 

&c.,  otiier  than  any  pcrson,  firm  or  corporation,  other  than  cities  or  towns, 
trixcetd'one*  for  moucy  borrowed,  including  in  the  liabilities  of  a 
panVs^ coital™"  couipauy  or  firm  the  liabilities  of  its  several  members, 
shall,  at  no  time,  exceed  one-fifth  part  of  such  amount  of 
the  ciipital  stock  of  this  corporation  as  is  actually  paid  up. 
To  make  semi.        SECTION  5.     Said  corporatiou  shall  semi-aunually  make 

annual  returns  ,  x       j.i  •      •  />  •  i,       i         •        j.u  • 

to  commissioner  a  rctum  to  the  commissioiier  ot    savings   banks  in  this 

bLkT"^^        Commonwealth  on  or  before  the  second  Mondays  of  May 

and  November,  and  at  two  other  times  during  the  year 

when  said  commissioner  shall  from  time  to  time  by  written 

notice  direct  the  same  to  be  made,  which  shall  be  signed 


1873.— Chapter  285.  713 

and  sworn  to  by  a  majority  of  its  board  of  directors  ;  and 
said  return  shall  specify  the  following,  namely  :  capital 
stock;  amount  of  all  moneys  and  property,  in  detail,  in 
the  possession  or  charge  of  said  company  as  deposits ; 
amount  of  deposits  payable  on  demand  or  within  ten  days, 
trust  funds  or  for  purposes  of  investment;  number  of 
depositors ;  investments  in  authorized  loans  of  the  United 
States  or  any  of  the  New  England  states  or  cities  or 
counties  or  towns,  stating  amount  in  each ;  investments  in 
bank  stock,  stating  amount  in  each  ;  investments  in  rail- 
road stock,  stating  amount  in  each  ;  investments  in  railroad 
bonds,  stating  amount  in  each ;  loans  on  notes  of  corpora- 
tions, stating  amount  on  each  ;  loans  on  notes  of  individu- 
als ;  loans  on  mortgage  of  real  estate ;  cash  on  hand ;  all 
as  existing  at  the  date  of  making  of  such  return,  with  the 
rate,  amount  and  date  of  dividends  since  last  return.     The  commissioner 

/.  •  1         1  1     n     1  i.       ii        to  have  access 

commissioner  oi  savings  banks  shall  have  access  to  the  to  books  and 
vaults,  books  and  papers  of  the  company,  and  it  shall  be  ^ompany^  ^^'^ 
his  duty  to  inspect,  examine  and  inquire  into  its. affairs, 
and  to  take  proceedings  in  regard  to  them  in  the  same 
manner  and  to  the  same  extent  as  if  this  corporation  were 
a  savings  bank,  subject  to  all  the  general  laws  which  now 
are  or  hereafter  may  be  in  force,  relating  to  such  institu- 
tions in  this  regard.  Abstracts  of  such  returns,  showing 
the  resources' and  liabilities  of  said  corporation,  in  a  form 
to  be  approved  by  said  commissioner,  shall  be  published 
in  a  newspaper  in  the  city  of  Springfield  at  the  expense  of 
such  corporation. 

Section  6.     Said  corporation  shall  be  subject  to  the  To  be  subject  to 
provisions  of  chapter  two  hundred  and  eighty-three  of  the  ises^m^  ° 
acts  of  the  year  eighteen  hundred  and  sixty-five,  and  any 
acts  now  existing,  or  which  may  hereafter  be  passed  in 
amendment  or  lieu  thereof. 

Section  7.     Said     corporation     shall    also     annually.  To  make  annual 
between  the  first  and  tenth  days  of  May,  return  to  the  commissioner  oi- 
tax  commissioner  a  true  statement  attested  by  the  oath  of  ^rty°heid^[n''' 
some  officer  of  the  corporation,  of  all  personal  property  t™«*- 
held  upon  any  trust  on  the  first  day  of  May,  which  would 
be  taxable  if  held  by  an  individual  trustee  residing  in  this 
Commonwealth  and  the  name  of  every  city  or  town  in 
this  Commonwealth  where  any  beneficiary  resided  on  said 
day,   and   the   aggregate   amount  of   such  property  then 
held  for  all  beneficiaries  resident  in  each  of  such  cities 
and  towns,    and   also    the   aggregate    amount    held    for 


714 


1873.— Chaptee  285. 


To  pay  a  tax 
into  the  state 
treasury. 


To  make  an- 
nual return  of 
amount  deposit- 
ed oil  interest  or 
for  inveetment. 


No  taxes  to  te 
assessed  in  any 
city  or  town  on 
property  held 
in  trust  or  de- 
posited on  in- 
terest. 


beneficiaries  not  resident  in  this  Commonwealth,  under 
the  pains  and  penalties  provided  in  section  fourteen  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  and  acts  in  amend- 
ment thereof,  for  corporations  failing  to  make  the  returns 
provided  by  said  act.  Said  corporation  shall  annually  pay 
to  the  treasurer  of  the  Commonwealth  a  sum  to  be  ascer- 
tained by  assessment  by  the  tax  commissioner,  upon  an 
amount  equal  to  the  total  value  of  such  property,  at  the 
rate  ascertained  and  determined  by  him,  under  section 
five  of  chapter  two  hundred  and  eighty-three  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-five,  and  acts  in 
amendment  thereof. 

Section  8.  Said  corporation  shall  also  annually, 
between  the  first  and  tenth  days  of  May,  return  to  the  tax 
commissioner  a  true  statement,  verified  by  the  oath  of 
some  ofiicer  of  the  corporation,  of  the  amount  of  all  sums 
deposited  with  it  on  interest  or  for  investment,  other  than 
those  specified  in  the  seventh  and  tenth  sections  of  this 
act,  together  with  the  name  of  every  city  and  town  in  this 
Commonwealth  where  any  beneficial  owner  resided  on  said 
first  day  of  INlay,  and  the  aggregate  amount  of  such 
deposits  then  held  for  the  benefit  of  persons  residing  in 
each  of  such  cities  and  towns  under  a  like  penalty.  Said 
corporation  shall  annually  pay  to  the  treasurer  of  the 
Commonwealth  a  sum  to  he  ascertained  by  assessment  by 
the  tax  commissioner  upon  an  amount  equal  to  the  total 
value  of  such  deiDosits  at  three-fourths  the  rate  ascertained 
and  determined  by  him,  under  section  five  of  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five,  and  acts  in  amendment  thereof. 

Section  9.  No  taxes  shall  be  assessed  in  any  city  or 
town  for  state,  county  or  town  purposes,  upon  or  in 
respect  of  any  such  property  held  in  trust  or  any  such 
amounts  deposited  on  interest,  or  for  investment,  but 
such  proportion  of  the  sum  so  paid  by  said  corporation 
as  corresponds  to  the  amount  of  such  property  held  for 
beneficiaries  or  payable  to  persons  resident  in  this  Com- 
monwealth, shall  be  credited  and  paid  to  the  several  cities 
and  towns  where  it  appears  from  the  returns  or  other 
evidence  that  such  beneficiaries  resided  on  the  first  day  of 
May  next  preceding,  according  to  the  aggregate  amount 
so  held  for  beneficiaries  and  persons  residing  in  such  cities 
and  towns  respectively ;  and  in  regard  to  such  sums  so  to 


1873.— Chapter  285.  715 

be  assessed  and  paid  as  aforesaid,  said  corporation  shall 
be  subject  to  sections  eleven,  twelve,  thirteen,  the  last 
paragraph  of  sectign  fifteen  and  section  seventeen  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-five,  and  acts  in 
amendment  or  lieu  thereof,  so  far  as  the  same  are  applic- 
able thereto. 

Section  10.     Deposits  with  said  corporation  which  can  Deposits  on  de- 
be   withdrawn   on   demand,   shall,   for  purposes  of  taxa-  "eTn  po^ss^sion 
tion,  be   deemed  money  in   possession  of  the  person  to  ofp^J'^e. 
whom  the  same  is  payable. 

Sectiox  11.     The  said  corporation  is  also  authorized  to  Mayact  as  agent 
act  as  agent  for  the  purpose  of  issuing,  registering,  or  brad^.Tcl  for 
countersigning  the  certificates  of  stock,  bonds  or  other  any  corporation. 
evidences  of  indebtedness  of  any  corporation,  association, 
municipality,  state  or  public  authority,  on  such  terms  as 
may  be  agreed  upon. 

Sectiox  12.  The  capital  stock  of  said  corporation  capital  stock. 
shall  be  five  hundred  thousand  dollars,  with  the  privilege 
to  increase  the  same  to  one  million  dollars ;  and  the  same 
shall  be  paid  for  at  such  time  and  in  such  manner  as  the 
board  of  directors  shall  decide  :  provided,  that  no  business  Proviso. 
shall  be  transacted  by  the  corporation  until  the  whole 
amount  is  subscribed  for  and  actually  paid  in,  and  no 
shares  shall  be  issued  until  the  par  value  of  such  shares 
shall  have  been  actually  paid  in  in  cash. 

Section  13.     Said    corporation    shall    be    entitled   to  Real  estate. 
purchase  and  hold,  for  its  own  use,  real  estate  not  exceed- 
ing in  value  one  hundred  thousand  dollars. 

Section  14.     The    shareholders    of    said    corporation  stockholders  to 
shall  be  held  individually  liable,  equally  and  ratably  and  uauy  uaw^for 
not  one  for  another,  for  all  contracts,  debts  and  engage-  <^*''^^- 
ments  of  such  association,  to  the  extent  of  the  amount  of 
their  stock  therein  at  the  par  value  thereof,  in  addition  to 
the  amount  invested  in  such  shares.     The  provisions  con- 
tained in   chapter  two  hundred  and  twenty-four  of   the 
acts  of  the  year  eighteen  hundred  and  seventy,  sections 
forty  to  forty-nine  inclusive,  shall  apply  to  and  regulate 
the  enforcement  of  this  liability. 

Section  15.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  13,  1873. 
31 


716  1873.— Chapter  286. 

Gh       286     "^^  ^^^  '^^   UNITE    THE    CITY    OF   CHAKLESTOWN  WITH    THE    CITT    OF 

BOSTON. 

Be  it  enacted,  &c.,  as  follows: 
charieBtownan.      SECTION  1.     All   the   territory   now  comprised  within 

nexed  to  Boston     ,         ,,       .  f      ^  •  n    /-^i        i  •  i  n 

and  to  become  the  limits  01  the  City  ot  Charlcstown,  m  the  county  of 
coun°y.  "  °  Middlesex,  with  the  inha])itants  and  estates  therein,  is 
annexed  to  and  made  part  of  the  city  of  Boston,  in  the 
county  of  Suffolk,  and  shall  hereafter  constitute  a  part  of 
the  county  of  Suffolk,  subject  to  the  same  laws,  municipal 
regulations,  obligations  and  liabilities,  and  entitled  to  the 
same  privileges  and  immunities  in  all  respects  as  the  said 
Proviso.  city   of  Boston  :  provided,  hoivevei^,  that   until   constitu- 

tionally and  legally  changed,  said  territory  shall  continue 
Election  of  rep-  to  be,  for  the  purpose  of  electing  members  of  the  house 
senltor/\^oin-    of  representatives,  part  of  the  county  of  Middlesex,  con- 
ber°of*congr'e?s.  stitutiug  the  first,  sccoud  and  third  representative  districts 
thereof;  for  the  purpose  of  electing  a  senator,  the  first 
Middlesex  senatorial  district ;  for  the  purpose  of  electing 
a  councillor,  part  of  council  district  number  six ;  and  for 
the  purpose  of  electing  a  representative  in  congress,  part 
of  congressional  district  number  five,  as  the  same  are  now 
Constituted. 
^rs'^ertlin^i?'        "^^^  ^^^^  dutics  HOW  required  by  law  to  be  performed  by 
to  elections.       the  mayor  and  aldermen  and  city  clerk  of  the  city  of 
Charlestown,  or  either  of  them,  pertaining  to  the  election 
of  representatives  in  congress,  state  councillors,  senators 
and  members  of  the  house  of  representatives,  shall  in  like 
manner  devolve  upon  and  be  performed  by  the  board  of 
aldermen  and  city  clerk  of  the  city  of  Boston. 

It  shall  be  the  duty  of  the  ward  officers  of  the  several 
wards,  as  now  established  in  said  city  of  Charlestown,  as 
hereafter  provided,  respectively,  to  make  return  of  all 
votes  that  may  be  cast  therein,  from  time  to  time,  for' 
representatives  in  congress,  state  councillors,  senators, 
members  of  the  house  of  representatives,  and  for  all  other 
national,  state,  district,  county,  municipal  and  ward  offi- 
cers, to  the  city  clerk  of  the  city  of  Boston. 
Public  property      SECTION  2.     All  the  public  ]3roperty  of  the  said  city  of 

ot  Charlestown  ini  t'i«ti  t  it 

to  be  vested  in    Charlcstowii  shall  bc  vcstcd  m  and  is  declared  to  be  the 

tou.*^'  ^  °    °*'   property  of  the  city  of  Boston  ;  and  said  city  of  Boston 

shall  succeed  to  all  the  rights,  claims,  causes  of  action, 

rights   to   uncollected   taxes,  liens,  uses,   trusts,  duties, 

privileges   and   immunities  of  said  city  of  Charlestown. 

Treasurer  of     The  city  trcasurcr  of  the  said  city  of  Charlestown  shall, 

Charlestown  to 


1873.— Chaptee  286.  717 

on  or  before  the   second  ^Monday  of  January,  in  the  year  feHver^^books 
eighteen  hundred  and  seventy-four,  under  the  direction  of  erty  to  treasurer 
the  mayor  and  aldermen  of  said  city  of  Charlestown,  who  °^  ^°**°"- 
shall  for  this  purpose  and  for  all  other  purposes  necessary 
to  carry  into  full  effect  the  provisions  of  this  act,  continue 
to  hold  their  offices  over,  transfer,  deliver,  pay  over  and 
account  for  to  the  city  treasurer  of  the  city  of  Boston,  all 
books,  papers,  moneys  and  other  property  in  their  posses- 
sion as  city  treasurer  of  said  city  of  Charlestown,  when 
this  act  shall  take  effect ;  and  the  city  of  Boston  shall  be-  ?°lt°°"l^^°/"'' 

.  Ill         Ti  IT       J-  debts  oiCnarles- 

come  liable  for  and  subject  to  all  the  debts,  obligations,  town. 
duties,  responsibilities  and  liabilities  of  said  city  of 
Charlestown.  All  actions  and  causes  of  action  which  ma,y  Pending  actions 
be  pending,  or  which  shall  have  accrued  at  the  time  this 
act  shall  take  effect,  in  behalf  of  or  against  said  city  of 
Charlestown,  shall  survive,  and  may  be  prosecuted  to 
final  judgment  and  execution  in  behalf  of  or  against  the 
city  of  Boston. 

Section  3.  The  several  courts  within  the  county  of  J^^^f'jf^^^o'ji. 
Suffolk,  except  the  municipal  courts  of  the  city  of  Boston,  county. 
after  this  act  shall  take  effect,  shall  have  the  same  jurisdic- 
tion over  all  causes  of  action  and  proceedings  in  civil 
causes,  and  over  all  matters  in  probate  and  insolvency, 
which  shall  have  accrued  within  said  territory  hereby  an- 
nexed, that  said  courts  now  have  over  like  actions,  pro- 
ceedings and  matters  within  the  county  of  Suffolk : 
vrovided,    Jiowever,    that   the    several    courts   within   the  Jmisdiction  of 

<•   -» «••  T  Ti  1     n   1  -I  ...-,..  f,  courts  m  Mid- 

county  ot  Middlesex  shall  have  and  retain  jurisdiction  of  diesex  coumy. 
all  actions,  proceedings  and  matters  that  shall  have  been 
rightfully  commenced  in  said  courts  prior  to  the  time 
when  this  act  shall  take  effect ;  and  the  supreme  judicial 
court  and  the  superior  court  within  the  county  of  Suffolk, 
after  this  act  shall  take  effect,  shall  have  the  same  jurisdic- 
tion of  all  crimes,  offences  and  misdemeanors  that  shall 
have  been  committed  Avithin  the  said  territory  of  the  city 
of  Charlestown,  that  the  supreme  judicial  court  and 
superior  court  within  the  county  of  Middlesex  now  have  ; 
but  if  before  this  act  takes  effect  proceedings  shall  have 
been  commenced  in  any  of  the  courts  within  the  county  of 
Middlesex  for  the  prosecution  of  said  crimes,  offences  and 
misdemeanors,  the  said  courts  within  the  county  of  Mid- 
dlesex shall  have  and  retain  jurisdiction  of  the  same  for 
the  full,  complete  and  final  disposition  thereof.  All  suits, 
actions,  proceedings,  complaints  and  prosecutions,  and  all 


718 


1873.— Chaptee  286. 


Territory  of 
Cliiarleatown  to 
constitute  a  ju- 
clicial  district. 


matters  of  probate  and  insolvency,  which  shall  be  pending 
within  said  territory  of  the  city  of  Charlestown  before  any 
court  or  justice  of  the  peace,  when  this  act  shall  take 
eflect,  shall  be  heard  and  determined  as  though  this  act 
had  not  passed. 

Section  4.     Said  territory  of  the  city  of  Charlestown 
shall  constitute  a  judicial  district  under  the  jurisdiction  of 
the  police  court  of  the  city  of  Charlestown,  which  shall 
continue  to  exist,  and  shall  hereafter  be  designated  and 
jiunicipai  court  kuowu  by  the  uamc  of  the  municipal  court  for  the  Charles- 
tiistrict.  town  district  of  the  city  of  Boston.     Said  court  shall  have 

the  same  civil  and  criminal  jurisdiction  in  said  district, 
and  the  game  civil  jurisdiction  in  the  county  of  Suffolk,  as 
the  police  courts,  other  than  that  of  the  city  of  Boston, 
have  by  law,  in  their  respective  counties ;  and  it  shall 
have  no  other  jurisdiction.  Appeals  shall  be  allowed  from 
all  judgments  of  said  court  in  like  manner  and  to  the  same 
courts  that  appeals  are  now  allowed  from  the  judgments 
of  the  municipal  court  of  the  city  of  Boston.  All  acts  and 
duties,  if  any,  now  incumbent  upon  the  city  council  of  the 
city  of  Charlesto\vn,  or  either  branch  thereof,  relating  to 
the  said  court  of  the  city  of  Charlestown,  shall  hereafter 
devolve  upon  and  be  performed  by  the  city  council  of  the 
city  of  Boston.  All  fines  and  forfeitures,  and  all  costs  in 
criminal  prosecutions  in  said  court,  and  all  fees  and 
charges  received  in  said  court  in  civil  proceedings,  shall 
be  accounted  for  and  paid  over  in  the  same  manner  as  is 
now  provided  for  the  municipal  coui't  within  the  city  of 
Boston. 

Section  5.  The  three  wards  now  established  in  said 
city  of  Charlestown  shall  so  remain  until  alteration  of  the 
ward  limits  of  said  city  of  Boston,  provided  by  law.  And 
each  of  the  wards  so  established  shall  be  entitled  to  all 
the  municipal  and  ward  officers  which  each  of  the  other 
wards  of  said  city  of  Boston  is  entitled  to,  except  as  here- 
inafter provided ;  and  the  board  of  aldermen  of  said  city 
of  Boston  shall,  in  due  season,  issue  their  warrants  for 
meetings  of  the  legal  voters  of  said  wards  respectively,  to 
be  held  on  the  second  Tuesday  in  December,  in  the  year 
eighteen  hundred  and  seventy-three,  at  some  place  within 
said  wards  respectively,  which  shall  be  designated  in  said 
warrants,  there  to  give  in  their  ballots  for  the  several 
municipal  and  ward  officers  for  the  ygrv  eighteen  hundred 
and  seventy-four,  for  which  they  shall  be  entitled  to  vote 


Ward  limits  to 
remain  un- 
changed. 


1873.— CiiAPTEE  286.  719 

by  virtue  of  the  provisions  of  this  act.     The  ward  officers  ward  officers  to 
of  the  wards  now  established  in  said  city  of  Charlestown  first  MonLT of 
shall  hold  their  respective  offices  until  the  first  Monday  of  '^'*"''^'"y'  ^*'^- 
January,  in  the  year  eighteen  hundred  and  seventy-four, 
and  until   others   shall  be  chosen  and  qualified  in  their 
stead.     And  in  case  of  the  absence  or  resignation  of  any 
ward  officer,  others  may  be  chosen  as  now  provided  l3y 
law,  and   they  shall   perform   all  the  duties   required   of 
ward  officers  during  their  continuance  in  office. 

The  term  of  office  of  the  school  committee  men  hereto-  school  commit- 
fore  chosen  in  each  of  the  wards  of  the  said  city  of  ^^^' 
Charlestown  shall  expire  on  the  first  Monday  of  said  Jan- 
uary ;  and  there  shall  be  chosen  at  the  election  heretofore 
provided  for  in  this  section,  three  persons  from  each  of 
said  wards  to  be  members  of  the  school  committee  of  the 
city  of  Boston,  one  for  three  years,  one  for  two  years, 
and  one  for  one  year,  and  thereafter  all  vacancies  in  said 
committee  shall  be  filled  as  now  provided  by  law  for  filling 
vacancies  in  the  school  committee  of  said  city  of  Boston. 

The  board  of  aldermen  of  the  city  of  Boston  shall  pre- 
pare lists  of  all  the  legal  voters  in  said  wards  of  the  city 
of  Charlestown,  to  be  used  at  said  meetings,  and  shall  do 
all  other  things  which  they  are  now  by  law  required  to  do 
in  respect  to  like  elections  in  other  wards  in  the  city  of 
Boston,  and  at  said  meetings  any  legal  voter  of  said 
wards,  respectively,  may  call  the  citizens  to  order,  and 
preside  until  a  v/arden  phall  have  been  qualified. 

All  ward  officers  whose  election  is  provided  for  in  this 
section  shall  be  qualified  according  to  law.     The  citizens  citizens  may 
of  the  territory  by  this  act  annexed  to  the  city  of  Boston,  ci°pa/offirers  of 
shall  have  the  same  right  to  vote  for  municipal  officers,  at  yea^fsrs.  ^^' 
the  annual  municipal  election  of  the  city  of  IBoston,  in  the 
year  eighteen  hundred  and  seventy-three  as  they  would 
have  had  if  said  territory  had  formed  part  of  the  city  of 
Boston  for  more  than  six  months  next  before  said  election. 
Wards  one,  two  and  three  of  Charlestown,  for  all  munici-  wards  to  be 

1  1      n    1         1  1         n      T  •        1         known  as  wards 

pal  purposes,  shall  be  known  as  and  called,  respectively,  20, 21  and  22. 
wards  twenty,  twenty-one  and  twenty-two  of  Boston. 

Section  6.     All  provisions  of  law  requiring  an  election  Repeal, 
of  municipal  and  ward  officers  for  said  city  of  Charlestown, 
on  the  second  Tuesday  of  December  in  the  year  eighteen 
hundred  and  seventy-three  for  the  municipal  year  then 
next  ensuing,  are  hereby  repealed. 
_  Section  7.     Until  alteration  of  the  ward  limits  of  said  Jf^omZn""" 
city  of  Boston,  as  provided  by  law,  the  common  council  e°ch  waM™ 


720  1873.— Chapter  286. 

shall  consist  of  the  lawful  number  of  members  from  each 

ward,  and  the  territory  hereby  annexed  shall  be  entitled 

to  six  members  of  said  council,  two  from  each  ward. 

Police  officers         SECTION  8.     The  Several  police  officers  and  watchmen, 

chariestown  to   the  engineers  and  members  of  the  fire  department  that 

diidbar|e*of^^   maj  bc  iu  office  in  the  city  of  Chariestown,  when  this  act 

their  duties.       shall  take  effect,  shall  thereafter  continue  in  the  discharge 

of  their  respective  duties,  in  the  same  manner  as  if  they 

were   police    officers    and  watchmen,  and    engineers    and 

firemen  of  the  city   of  Boston,  until  others  shall  be  ap- 

23ointed  in  their  stead.     The  several  justices  of  the  peace, 

masters    in    chancer}'',   and    notaries-public,  residing    in 

Chariestown  shall  continue  to  act  in  their  said  capacities 

respectively,  within  the  said  territory  of  Chariestown,  but 

their  authority  to  act  in  their  said  capacities  shall  in  no 

wise  be  increased  or  diminished  during  the  terms  of  their 

commissions  by  virtue  of  any  jDrovisions  of  this  act. 

Interest  of  Section  9 .     All  the  interest  which  said  city  of  Charles- 

Charlestown  in  .  ^  _ .  .  jy   i\  ^         ^ 

county  property  towu  uow  havc  lu  the  puDiic  property  01  the  county  ot 
dielex!  °  '  "  Middlesex,  is  hereby  released  and  acquitted  to  said  county 
Committee  may  of  Middlcscx.  If  the  couuty  commissiouers  of  the  county 
s!j?c.°to*deter^  ^f  Middlcscx,  wlthiu  six  months  after  the  acceptance  of 
Sim 'should  Ye  ^^^^  ^^*  ^y  ^^^^  cities,  as  hereinafter  provided,  shall  elect 
made  by  to  applv  to  the  iusticcs  of  the   supreme  iudioial  court, 

Charleptown  to  jlv  ^ 

iiiddiosex         sitting  in  either  the  couuty  of  Suffolk  or  of  Middlesex,  for 
°"°^^"  the  appointment  of  a   committee    of  three    disinterested 

persons  to  ascertain  w^hether  anything  should,  in  justice 
and  equity,  be  paid  by  said  city  of  Chariestown  to  the 
county  of  Middlesex,  towards  the  liquidation  of  its  debts, 
in  addition  to  the  relinquishment  of  said  citj^'s  share  of 
the  county  property ;  then,  on  notice  being  given  of  the 
said  application,  such  committee  shall  be  appointed,  who 
shall  take  an  estimate  of  the  county  property,  in  which 
due  allowance  shall  be  made  for  any  permanent  expendi- 
tures that  may  have  been  incurred  for  the  especial  accom- 
modation of  said  city  of  Chariestown,  and  shall  also  take 
an  account  of  the  county  debts,  and  shall  decide  and 
report  what  sum,  if  anything,  should  be  paid  b}''  either 
party  to  the  other ;  and  the  report  of  said  committee, 
when  accepted  by  said  court,  shall  be  binding  and  con- 
clusive, and  whatever  shall  be  found  due,  whether  from  or 
to  the  county  of  Middlesex,  shall  be  paid  to  or  by  said 
city  of  Boston  and  said  Chariestown,  thus  united.  But  if 
no  such  application  be  made  by  the  said  county  comniis- 


1873.— Chaptee  286.  721 

sioners  within  said  time,  then  the  county  of  Middlesex 
shall  not  be  required  to  make  any  allowance  for  the  sur- 
plus value  of  the  county  property  after  the  payment  of  the 
county  debt. 

Section    10.     The   volumes    now   in   the   registry   of  umeTfrr^^iJtr'" 
deeds    office   for   the    southern  district  of  the  county  of  for^o^'i^'^'^.i'i'^- 
Middlesex,    containing    the    records   exclusively   relating  sex  to  registry 
to  lands  and  estates  within  the  territory  so  transferred,  *^°'^^"^°'^' 
shall  be  deposited  by  the  register  for  the  southern  district 
of  said   county  in   the  registry  of  deeds    office   for    said 
county  of  Suffolk,  the  same  to  be  there  kept  and  used  in 
the  same  manner  as  the  records  of  said  county  of  Suffolk 
are  kept  and  used. 

Section  11.  The  territory  so  transferred,  and  the  in-  Liability  for 
habitants  thereon  and  their  estates,  shall  be  liable  for  all 
taxes  already  assessed  and  not  paid ;  and  also  all  city, 
county  and  state  taxes  that  may  be  hereafter  assessed  on 
them  by  said  city  of  Charlestown,  and  before  this  act  shall 
take  effect,  in  the  same  manner  as  they  would  have  been 
liable  if  this  act  had  not  been  passed.  And  the  city 
treasurer  and  collector  of  said  city  of  Charlestown  are 
hereby  respectively  authorized  to  collect  the  same  in  the 
manner  prescribed  by  law  after  this  act  shall  take  effect. 

Section  12.     The  two  corporations  holding  trust  funds  Trustees  to  con. 
in  said  city  of  ChaiiestoAvn,  one  being  the  trustees  of  the  sXoi  ai^"pcor 
Charlestown  free   schools,  and  the  other  the  trustees  of  [""he  t^™^of 
the  poor's  fund  in  the  town  of  Charlestown,  shall  continue  tJi^ir  trusts. 
to  manage  their  funds   and  disburse  the  income  thereof 
according  to  the  terms    of  their  respective  trusts.     The 
members  of  the  school  committee  within  the  present  limits 
of  Charlestown  for  the  time  being,  shall  be  the  corpora- 
tion  first   above   named ;  and   the   members  of  the  two 
branches  of  the  city  council  for  the  time  being,  residing 
in  said  present  limits  of  Charlestown,  shall,  together  with 
the  senior  deacons  of  the  religious  societies  in  said  present 
limits  of  Charlestown,  be  the  said  trustees  of  the  poor's 
fund. 

The  Charlestown  public  library,  with  all  the  books  and  Public  library. 
documents  which  now  or  hereafter  may  belong  thereto, 
shall  be  continued  and  kept  within  the  present  limits  of 
said  Charlestown  ;  and  it  shall  have  the  benefit  of  all  gifts 
and  legacies  made  heretofore  or  hereafter  in  its  behalf. 
The  trustees  of  the  Charlestown  public  library  shall  hold 
their  offices  until  the  first  Monday  of  May  in  the  year 


722  1873.— Chapter  286. 

eighteen  hundred  and  seventy-four,  or   until  the   annual 

organization  of  the  board  of  trustees  of  the  Boston  public 

library  in  that  year.     Thereafter  it  shall  become  a  branch 

of  the  public  library  of  Boston. 

Myotic  water  The  Mystic  watcr  board  of  Charlestown  shall  be  con- 

board  to  be  con-  ,•  -I  j_  'J.'  1        j_i         T        J-  r-  j^\ 

tinued  as  .a       tiuucd  a  Separate  organization  under  the  direction  oi  the 
IXon.*"  '"■^^''''  city  council  of  Boston,  until  the   said   city  council  shall 
determine  to  unite  it  with  the  Cochituate  water  board  of 
Boston.     The  members  of  the  Mystic  water  board  shall 
hold   their   offices   for   the   terms   for  which   they   were 
respectively  elected ;  and  all  contracts  made  and  liabilities 
incurred  by  the  Mystic  water  board  shall  be  assumed  by 
the  city  of  Boston. 
Charters  of  Bos-      Section  13.     Tlic  charter  of  the  city  of  Boston,  and 
town"amender'  the  charter  of  the  city  of  Charlestown,  and  the  several  acts 
passed  in  addition  thereto,  are  amended  so  as  to  conform 
to  the  provisions  of  this  act ;  and  so  much  of  the  General 
Statutes  and  laws  as  may  be  inconsistent  with  this  act  is 
amended,  so  as  not  to  apply  to  or  repeal  any  of  the  provis- 
ions herein  contained. 
Obligation  of  Section  14.     Nothing  contained  in  this  act  shall  impair 

impafred. "°       the  obligation  of  contracts  ;  and  the  property  and  inhabi- 
tants of  the  territory  by  this   act  annexed  to  the  city  of 
Boston  shall  continue  liable  to  the  existing  creditors  of  the 
county  of  Middlesex,  in  like  manner  as  if  this  act  had  not 
Proviso.  been  passed:  provided,  that  if  any  person,  by  reason  of 

his  being  an  inhabitant  of  or  owning  property  in  said  terri- 
tory shall  be  compelled  to  pay  any  existing  debt  or  obliga- 
tion of  the  county  of  Middlesex  the  amount  of  such  pay- 
ment shall  constitute  a  debt  to  him  from  said  county,  as 
hereafter  to  be  constituted,  exclusive  of  said  territory,  and 
may  be  recovered  in  like  manner  as  other  debts  against  the 
comity  of  Middlesex. 
Act  not  to  take        SECTION  15.     This  act  sliall  not  take  full  effect  unless 
accepted  by       acccptcd  by  a  majority  of  the  legal  voters  of  the  city  of 
and '^cbarier.  "'^  Bostou,  prcscut  aud  votiug  thcreoii,  by  ballot,  at  meetings 
town.  which  shall  be  held  in  the  several  wards  of  said  city  of 

Boston ;  and  also  by  a  majority  of  the  legal  voters  of  the 
city  of  Charlestown,  present  and  voting  thereon,  by  ballot, 
at  meetings  Avhich  shall  be  held  in  the  several  wards  of 
said  city  of  Charlestown,  upon  notice  duly  given,  at  least 
Meetings  to  be    scveii  days  before  the  time  of  said  meeting.     Meetings  for 
Tuesday  of  oc*-   that  purposc  shall  be  held  simultaneously  in  said  cities,  on 
tober,  1873.       ^j^^  g^.g^  Tucsday  of  October  next ;  and  the  polls  shall  be 


1873.— Chapter  286.  723 

opened  at  nine  o'clock  in  the  forenoon  of  said  day,  and 
shall  be  closed  at  six  o'clock  in  the  afternoon.     In  case  of  ^a^y^g^hoJ^n 
the  absence  of  any  ward  officer  at  any  ward  meeting  held  pro  umiK>re. 
in  either  city  for  the  purpose  aforesaid,  a  like  officer  may 
be  chosen  ])ro  temporey  by  hand  vote,  and  shall  be  duly 
qualified  and  have  all  the  powers,  and  be  subject  to  all  the 
duties  of  the  regular  officer  at  said  meetings.     Said  ballots  Ballots. 
shall  be  "yes"  or  "no,"  in  answer  to  the  question,  "Shall 
an  act  passed  by  the  legislature  of  the  Commonwealth  in 
the  year  eighteen  hundred  and  seventy-three,  entitled  an 
'  Act  to  unite  the  city  of  Charlestown  with  the  city  of  Bos- 
ton,' be  accepted  ?  "     Such  meeting  shall  be  called,  notified  J^g'^^eetiS^^' 
and  warned  by  the  mayor  and  aldermen  of  the  city  of 
Charlestown,  and  by  the  board  of  aldermen  of  the  city  of 
Boston,  respectively,  in  the  same  manner  in  which  meet- 
ings for  the  election  of  municipal  officers  in  said  cities, 
respectively,  are  called,  notified  and  warned.     The  ballots  Result  of  bai- 
given  in  shall  be  assorted,  counted,  and  declared  in  the  recwiedanl 
wards  in  which  they  are  given,  in  open  ward  meeting  in  J'^tumed. 
said  cities,  and  shall  also  be  registered  in  the  ward  records 
respectively.    The  clerk  of  each  ward  in  the  city  of  Boston, 
shall  make  return  of  all  ballots  given  in,  in  his  ward,  and 
the  number  of  ballots  in  favor  of  the  acceptance  of  this  act 
and  the  number  of  ballots  against  said  acceptance,  to  the 
board  of  aldermen  of  the  city  of  Boston,  and  like  returns 
by  the  clerks  of  the  several  wards  in  the  city  of  Charles- 
town shall  be  made  to  the  mayor  and  aldermen  of  the  city 
of  Charlestown.     All  of  said  returns  shall  be  made  within 
forty-eight  hours  of  the  close  of  the  polls. 

It  shall  be  the  duty  of  the  board  of  aldermen  of  the  city  Returns  to  be 
of  Boston,  and  of  the  mayor  and  aldermen  of  the  city  of  ™cretaryofthe 
Charlestown,  to  certify  and  return  as  soon  as  may  be,  the  commonwealth. 
ballots  cast  in  their  respective  cities,  and  the  number  of 
ballots  cast  in  fiivor  of  the  acceptance  of  this  act  and  the 
number  of  ballots  cast  against  such  acceptance,  in  their 
respective  cities,  to  the  secretary  of  the  Commonwealth. 
And  if  it  shall  appear  that  a  majority  of  the  votes  cast  in  secretary  to 
each  of  said  cities,  respectively,  is  in  favor  of  the  acceptance  ?ate"fa  mS'^''. 
of  this  act,  the  said  secretary  shall  immediately  issue  and  clVin  favor  of 
publish  his  certificate  declaring  this  act  to  have  been  duly  acceptance. 
accepted ;  and,  after  such  publication  and  declaration,  it 
shall  not  be  lawful  for  the  city  council  of  Charlestown,  or 
of  any  board  charged  with  the  care  of  public  property  of 
said  city,  to  contract  any  loan  or  to  make  any  new  appro- 
32 


72i  1873.— Chapter  287. 

priation  of  money,  or  to  disburse  any  money  except  in 
accordance  with  appropriations  and  orders  legally  made 
before  the  acceptance  of  this  act,  unless  the  same  shall  first 
be  approved  by  the  mayor  and  the  board  of  aldermen  of 
Boston. 
Portion  of  act  to      Section  16.     So  much  of  this  act  as  authorizes  and  di- 
its  passage.        rccts  the  submissiou  of  the  question  of  the  acceptance  of 
this  act  to  the  legal  voters  of  said  cities  respectively,  pro- 
vided in  the  fifteenth  section  of  this  act,  shall  take  efiect 
■  upon  its  passage. 
To  take  effect         SECTION  17.     If  this  act  shall  bc  accepted  by  said  cities, 

Nov   1*2   1873  L  *j  ' 

:f  accepted.  '  as  herein  provided,  it  shall  take  effect  on  the  twelfth  day 
of  November,  in  the  year  eighteen  hundred  and  seventy- 
three,  so  far  as  to  authorize,  legalize  and  carry  into  efiect 
the  acts  and  provisions  of  the  fifth,  sixth  and  seventh  sec- 
tions of  this  act,  but  for  all  other  purposes  (except  as  men- 
tioned in  section  sixteen  of  this  act)  it  shall  take  efiect  on 
the  first  Monday  of  January,  in  the  year  eighteen  hundred 
and  seventy-four. 
Proceedings  in  Sectiox  18.  If  any  clcctiou  or  balloting  upon  the 
cfare^tije'bi'ikft-  qucstiou  of  the  acccptancc  of  this  act,  by  either  of  said 
ingtobevoid.  cities,  shall  within  two  months  thereafter  be  declared  void 
by  the  supreme  judicial  court,  upon  summary  proceedings, 
which  may  be  had  in  any  county  on  the  petition  of  fifty 
voters  of  either  city,  the  question  of  accepting  said  act 
shall  be  again  submitted  to  the  legal  voters  of  said  city  ; 
and  meetings  therefor  shall  within  thirty  days  thereafter 
be  called,  held  and  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  May  14, 1873. 

r^i        9S7     ^  -^^"^  '^^   AUTHORIZE    THE    CITY    OF  BOSTON  TO    BUILD   AN    ADDI- 
\jll,      ZiO<.  TIONAL  RESERVOIR. 

Be  it  enacted,  <fcc.,  as  follows  : 
May  construct  SECTION  1.  The  city  of  Bostou,  by  and  through  the 
Parker  mil.  agcncy  of  the  Cochituate  water  board  therein,  or  by  and 
through  any  other  agency  which  shall  be  established 
therefor  by  the  city  council  of  said  city,  may  construct 
and  maintain  an  additional  reservoir  for  receiving,  hold- 
ing and  distributing  water ;  and  for  this  purpose,  may 
take  and  hold,  by  purchase  or  otherwise,  any  real  estate 


1S73.— Chapter  287.  725 

not  exceeding  five  acres  at  or  near  the  summit  of  Parker 
Hill,  so  called,  in  ward  fifteen  in  said  city. 

Section  2.  The  city  of  Boston  may  also,  l3y  and  iKferupon 
through  the  same  agency,  lay  and  maintain  one  or  more  ^nd^^^ig  up 
suitable  lines  of  pipes  from  the  said  reservoir  to  a  con- 
venient point  in  Fisher  Avenue,  so  called,  and  from  said 
point  along  said  Fisher  Avenue  to  Parker  Street  in  said 
city ;  and  may  take  and  hold,  by  purchase  or  otherwise, 
such  real  estate  as  may  be  necessary  therefor ;  and  may 
carry  and  conduct  the  said  pipes  over  or  under  any  water- 
course, or  any  street,  turnpike  road,  railroad,  highway,  or 
other  way,  in  such  manner  as  not  to  unnecessarily  obstruct 
or  impede  travel  thereon ;  and  may  enter  upon  and  dig 
up  any  such  road,  street  or  way,  for  the  purpose  of  laying 
the  said  pipes  and  for  maintaining  and  repairing  the 
same. 

Section  3.     The  city  of  Boston  shall  be  liable  to  pay  Liability  for 

fiT  "Ti  •       jt      •  J.1         damages. 

all  damages  sustained  by  any  persons  in  their  property,  by 
the  taking  of  any  real  estate  as  aforesaid,  or  by  any  of  its 
doings  under  this  act ;  and  in  regard  to  such  taking,  and 
the  ascertainment  and  payment  of  all  such  damages,  the 
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  obligations  which 
are  provided  in  the  one  hundred  and  sixty-seventh  chapter 
of  the  acts  of  the  year  eighteen  hundred  and  forty-six, 
the  one  hundred  and  eighty-seventh  chapter  of  the  acts  of 
the  year  eighteen  hundrsd  and  forty-nine,  and  the  three 
hundred  and  sixteenth  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  fifty. 

Section  4.  For  the  purpose  of  defraying  all  the  costs  May  issue  scrip 
and  expenses  of  such  real  estate  as  shall  be  taken,  huei^s^^'^^'^' 
purchased  or  held  for  the  purposes  mentioned  in  this  act, 
and  of  constructing  said  reservoir,  laying  said  pipes,  and 
doing  all  other  things  incident  thereto,  the  said  city 
council  may  issue,  from  time  to  time,  notes,  scrip  or 
certificates  of  debt,  to  such  an  amount  as  may  be 
necessary,  and  in  such  form,  on  such  length  of  time,  and 
bearing  such  rate  of  interest,  not  exceeding  six  per  centum 
per  annum,  as  the}^  shall  deem  expedient. 

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

Approved  May  14,  1873. 


726 


1873.— Chapters  288,  289. 


Ch.   288. 


Amendment  to 
1871,  3S2,  §  7. 


Ch.   289. 


Organization 
confirmed  and 
ratified. 


Capital  stock 
and  shares. 


May  take  a 
conveyance  of 
franchise,  &c., 
from  the  trus- 
tees under  the 
mortgage. 


An  Act  to  amend  an  act  relating  to  betterments. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Section  seven  of  chapter  three  hundred 
and  eighty-two  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-one  is  amended  by  striking  out  the  words 
"  at  any  term  thereof"  and  inserting  in  place  thereof  the 
words  "filed  in  term  time  or  in  the  clerk's  office  in 
vacation." 

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

Approved  May  14,  1873. 

An  Act  concerning  the  new  york  and  new  England  rail- 
road COMPANY. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  proceedings  of  the  holders  of  the 
bonds  secured  by  mortgage,  dated  March  nineteen, 
eighteen  hundred  and  sixty-six,  from  the  Boston,  Hartford 
and  Erie  Eailroad  Company  to  Robert  H.  Berdell  and 
others,  whereby  they  have  formed  a  corporation  under  the 
name  of  the  New  York  and  New  England  Railroad  Com- 
pany, are  ratified  and  confirmed ;  and  said  New  York 
and  New  England  Railroad  Company  is  declared,  made 
and  confirmed  a  body  corporate  by  that  name,  and  vested 
with  all  the  franchises,  powers  and  privileges  and  subject 
to  all  the  restrictions,  duties  and  liabilities  set  forth  in  the 
general  laws  which  now  are  or  hereafter  may  be  in  force, 
relating  to  railroad  corporations. 

Section  2.  The  capital  stock  of  said  company  shall 
not  exceed  two  hundred  thousand  shares  of  one  hundred 
dollars  each ;  and  the  same  may  be  issued  to  the  holders 
of  said  bonds  upon  the  surrender  thereof  to  said  corpora- 
tion as  provided  in  said  mortgage,  at  the  rate  of  ten  shares 
for  every  bond  of  one  thousand  dollars  so  surrendered. 
At  all  meetings  of  said  corporation  each  stockholder  shall 
be  entitled  to  one  vote  for  each  share  of  stock  held  by  him. 

Section  3.  Said  corporation,  upon  paying  and  indem- 
nifying the  trustees  under  said  mortgage  for  their  services 
and  liabilities  as  set  forth  in  said  mortgage,  may  take  a  con- 
veyance by  deed  from  the  trustees  under  said  mortgage  of 
all  the  railroads,  property,  premises,  estate  and  franchises 
held  by  them  under  said  mortgage,  as  is  therein  provided ; 
and  thereupon  all  the  rights,  powers  and  franchises  here- 
tofore granted  to  or  held  by  the  Boston,  Hartford  and 
Erie  Railroad  Company  shall  enure  to  and  vest  in  said  New 
York  and  New  England  Railroad  Company. 


1873.— Chapter  289.  727 

Section  4.     For  the  purpose  of  enabling  said  corpora-  May  mortgage 

T    -1 .      1  TUT  1   •  property  for 

tion  to  take  up  and  discharge  any  and  all  liens  and  nicum-  purpose  of  aiA- 
brances  existing  upon  said  railroads  and  upon  any  portion  [iee'^&f /'and'' 
thereof,  and  to  perfect  its  title  therein,  to  complete  said  ^,°^i^'''''«  ""■ 
railroads,  to  purchase  and  provide  terminal  facilities  and 
to  properly  equip  and  maintain  said  roads,  said  New  York 
and  New  England  Railroad  Company  may  mortgage  its 
railroads,  property  and  franchises  in  a  sum  not  exceeding 
ten  millions  of  dollars,  the  bonds  secured  by  said  mortgage 
to  be  payable  at  not  exceeding  fifty  years  from  their  date, 
and  to  bear  interest  not  exceeding  seven  per  centum  per 
annum,  and  to  be  made  payable  in  federal  or  sterling  cur- 
rency as  said  corporation  may  elect. 

Section  5.     For  the  purpose  of  increasing  the  terminal  ^Yflat^s'^kfBos. 
facilities  of  said  railroad  in  Boston,  said  corporation  may,  ton  for  purpose 

.,,  .  J,  ,,  J?   ^^  •  i.     J-    ^  ofincreasingter- 

withm  one  year  trom  the  passage  oi  this  act,  take  or  pur-  minai  facilities. 
chase,  hold  and  use,  as  hereinafter  set  forth,  the  following 
described  parcels  of  land  and  flats,  or  any  portion  thereof, 
namely  :  in  Boston,  that  parcel  of  land  and  flats  bounded 
as  follows  ; — beginning  at  the  south-east  corner  of  Broad 
Street  and  Congress  Street  extended  as  contemplated  to 
form  Eastern  Avenue,  and  running  by  the  south-easterly 
side  of  Broad  and  Federal  Streets  to  the  south  line  of 
Curtis  or  Winsor's  wharf,  so  called,  and  thence  by  said 
south  line  to  the  commissioners'  line,  and  thence  by  said 
commissioners'  line  to  said  Eastern  Avenue  as  projected, 
and  by  said  Eastern  Avenue  to  the  point  of  beginning ; 
with  the  right  to  construct  suitable  approaches,  for  the  use 
of  said  railroad,  from  the  present  location  of  said  road  to 
any  property  acquired  under  the  above  provisions  :  jjw-  Proviso. 
vided,  that  said  approaches  shall  not  interfere  with  the 
present  draw  in  Fort  Point  Channel,  or  with  the  access  to 
any  property  not  taken,  or  owned  by  said  railroad  company, 
and  that  they  be  constructed  upon  piles  wherever  outside 
of  the  commissioners'  line,  and  subject  to  all  general  laws 
applicable  to  the  building  of  structures  in  tide-water.  In 
that  part  of  said  Boston  called  South  Boston,  that  parcel 
of  land  and  flats  bounded  as  follows  : — beginning  at  the  cor- 
ner of  B  Street  extended  and  First  Street,  thence  running 
by  B  Street  extended  to  Eastern  Avenue,  as  the  same  now 
is  or  may  hereafter  be  laid  out,  thence  by  said  Eastern 
Avenue  westerly  to  the  commissioners'  line  on  Fort  Point 
Channel,  and  thence  by  said  commissioners'  line  to  a  point 
five  hundred  feet  south  of  the  centre  of  the  intersection  of 


728 


1873.— Chapter  289. 


Proviso. 


Not  to  take  any 
land  belonging 

to  the  Boston  & 
Albany  R.  R. 


Three  commis- 
Bioners  to  be  ap- 
pointed by  S.  J. 
C.  to  adjudicate 
damages  for  tak- 
ing lande. 


the  present  location  of  said  road  with  said  commissioners' 
line,  thence  by  a  straight  line  parallel  to  Mount  Washington 
Avenue  to  the  easterly  side  of  A  Street  extended,  as  the 
same  now  is  or  may  hereafter  be  laid  out ;  and  thence  by 
A  Street  extended  to  First  Street,  and  thence  by  First 
Street  to  the  point  of  beginning  :  provided,  that  the  said 
railroad  company  are  not  herel^y  authorized  to  take  any 
part  of  the  land  within  the  limits  of  A  Street  as  located  by 
the  city  of  Boston,  or  conveyed  to  the  said  city  by  the 
Boston  Wharf  Company  or  of  the  extension  of  the  same  to 
Eastern  Avenue ;  but  the  said  street  may  be  crossed  by 
the  tracks  of  the  said  railroad  company  in  such  places  and 
to  such  extent  as  shall  not  prevent  the  use  of  the  same  for 
public  travel  as  a  highway ;  and  also,  that  no  land  or  flats 
belonging  to  the  Commonwealth  shall  be  taken  by  said 
corporation  under  this  act,  except  by  purchase  from  the 
Commonwealth  in  the  manner  provided  by  existing  pro- 
visions of  law,  and  that  nothing  herein  shall  be  construed 
to  limit  the  powers  of  the  harbor  commissioners  and  the 
governor  and  council  under  chapter  three  hundred  and 
twenty-six  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-eight  and  all  acts  in  addition  to  the  same  ;  and  pro- 
vided,  also,  that  nothing  contained  in  this  act  shall  be  con- 
strued to  authorize  said  corporation  to  take  any  land  be- 
longing to  or  purchased  by  the  Boston  and  Albany  Eail- 
road  Company,  or  to  limit  or  interfere  with  the  exercise  of 
the  powers  or  authority  given  to  said  last-named  corpora- 
tion by  chapter  four  hundred  and  sixty-one  of  the  acts  of 
eighteen  hundred  and  sixty-nine  and  chapter  three  hundred 
and  sixty-eight  of  the  acts  of  eighteen  hundred  and 
seventy. 

Section  6.  All  general  laws  relating  to  the  taking  of 
land  for  railroad  purposes,  and  the  location  and  construc- 
tion of  railroads,  shall  be  applicable  to  and  govern  the 
proceedings  in  the  taking  of  said  lands,  except  that  instead 
of  the  county  commissioners  three  disinterested  persons 
shall  be  appointed  by  the  supreme  judicial  court,  on  proper 
application,  as  a  board  of  commissioners,  to  adjudicate  the 
damages  for  the  taking  of  the  same,  from  whose  decision 
an  appeal  to  a  jury  shall  lie,  on  behalf  of  either  party,  as 
is  provided  in  case  of  lands  taken  for  railroad  purposes. 
And  like  proceedings  shall  be  had  before  said  commission- 
ers for  the  purpose  of  ascertaining,  securing  and  obtaining 
payment  of  damages  as  are  provided  by  the  General  Statutes 


1873.— Chapter  290.  729 

upon  an  application  to  count}^  commissioners  in  like  cases, 
except   that  warrants  of  distress  to  compel  payment  of 
damages  shall  be  issued  by  the  supreme  judicial  court. 
Section  7.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  May  15,  1873. 

An  Act  to  unite  the  city  of  boston  and  the  town  of  brook-  QJ^^    290. 

LINE. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     All  the   territory  now  comprised   within  Brookiine  an- 
the  limits  of  the  town  of  Brookiine,  in  the  county  of  Nor-  anrto°become' 
folk,  with  the  inhabitants  and  estates  therein,  is  annexed  gount°y.  ®^^°^^ 
to  and  made  part  of  the  city  of  Boston,  in  the  county  of 
Suffolk,  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  im- 
munities in  all  respects  as  the  said  city  of  Boston :  pro-  proviso. 
vided,    hoivever,   that    until   constitutionally   and   legally  Election  of 

,  -,  •  1    J         'i  '       1     -\'  j_       /•  XI  •!  p  members  of  the 

changed,  said  territory,  including  any  part  ot  the  city  oi  legislature, 
Boston  which  has  been  set  off  from  Brootline  since  the  m"mber°of  ^n- 
last  census,  shall  continue  to  be,  for  the  purpose  of  elect-  ^'■'^**- 
ing  members  of  the  house  of  representatives,  part  of  the 
county  of  Norfolk,  constituting  the  fifteenth  representa- 
tive district  thereof;  for  the  purpose  of  electing  a  senator, 
part  of  the  first  Norfolk  senatorial  district ;  for  the  pur- 
pose of  electing  a  councillor,  part  of  the   third   council 
district ;  and  for  the  purpose  of  electing  a  representative 
in  congress  said  territory  shall  continue  to  be  part  of  con- 
gressional district  number  eight,  as  the  same  is  now  con- 
stituted. 

All  the  duties  now  required  by  law  to  be  performed  by  Duties  of  select. 
the  selectmen  and  town  clerk  of  said  town,  or  either  of  ^u°d  ward  offi-^ 
them,  pertaining  to  the  election  of  representatives  in  con-  °^"- 
gress,    state   councillors,    senators   and   members    of  the 
house  of  representatives,  shall  in  like  manner  devolve  upon 
and  be  performed  by  the  board  of  aldermen  and  city  clerk 
of  the  said  city. 

It  shall  be  the  duty  of  the  ward  officers  of  the  ward, 
erected  out  of  said  territory  as  hereinafter  provided,  to 
make  to  the  city  clerk  of  said  city  a  return  of  all  votes 
that  may  be  cast  therein,  from  time  to  time,  for  repre- 
sentatives in  congress,  state  councillors,  senators,  members 
of  the  house  of  representatives,  and  for  all  other  national, 
state,  district,  county,  municipal  and  ward  officers. 


730  1873.— Chapter  290. 

pjibiic  property      SECTION    2.     All    the    piibllc   property   of    said    town 

of  Brookline  to,  .■••  tii  ^ 

be  vested  in  city  shall  be  vestecl  ID  and  is  declared  to  be  the  property  ot 
said  city;  and  said  city  shall  succeed  to  all  the  rights, 
claims,  causes  of  action,  rights  to  uncollected  taxes,  liens, 
uses,  trusts,   duties,  privileges   and   immunities   of  said 
Treasurer  of     town.     The  towu  treasurer  of  said  town,  on  or  before  the 
Hver  prope?ty*^"  sccoud  Monday  of  January,  in  the  year  eighteen  hundred 
dty  treMurer°of  ^^^  seveuty-four,  unclcr  the  direction  of  the  selectmen  of 
Boston.  said  town,  who  shall  for  this  purpose,  and  for  all  other 

purposes  necessary  to  carry  into  full  effect  the  provisions 
of  this  act,  continue  to  hold  their  offices,  shall  transfer, 
deliver,  pay  over  and  account  for  to  the  city  treasurer  of 
said  city,  all  books,  papers,  moneys  and  other  property 
in  his  possession  as  town  treasurer  of  said  town  when  this 
act  takes  effect ;  and  said  city  shall  become  liable  for  and 
subject  to  all  the  debts,  obligations,  duties,  responsibilities 
and  liabilities  of  said  town.  All  actions  and  causes  of 
action  which  may  be  pending,  or  which  shall  have  accrued 
at  the  time  this  act  takes  effect,  in  behalf  of  or  against 
said  town,  shall  survive,  and  may  be  prosecuted  to  final 
judgment  and  execution  in  behalf  of  or  against  said  city. 
The  Brookline  Public  Library  with  the  books  and  docu- 
ments which  now  or  hereafter  may  belong  thereto  shall  be 
continued  and  kept  within  the  present  limits  of  said 
Brookline ;  and  it  shall  have  the  benefit  of  all  gifts  and 
Public  library  in  legacies  heretofore  or  hereafter  made  in  its  behalf.  The 
continued.  trustccs  of  the  Brookliuc  Public  Li1)rary  shall  hold  their 
offices  until  other  provision  for  the  care  and  management 
thereof  is  made  by  the  city  of  Boston. 
Jurisdiction  of  Sectiox  3.  The  several  courts  within  the  county  of 
Suffolk,  except  the  municipal  court  for  the  southern  dis- 
trict of  the  city  of  Boston,  after  this  act  takes  effect,  shall 
have  the  same  jurisdiction  over  all  causes  of  action  and 
proceedings  in  civil  causes,  and  over  all  matters  in  probate 
and  insolvency,  which  shall  have  accrued  within  said 
territory  hereby  annexed,  that  said  courts  now  have  over 
like  actions,  proceedings  and  matters  within  the  county  of 
Suffolk :  j)rovided^  that  the  several  courts  within  the 
county  of  Norfolk  shall  have  and  retain  jurisdiction  of  all 
actions,  proceedings  and  matters  that  shall  have  been 
rightfully  commenced  in  said  courts  prior  to  the  time  when 
this  act  takes  effect ;  and  the  supreme  judicial  court  and 
the  superior  court  within  the  county  of  Suffolk,  after  this 
act   takes    effect,  shall   have   the  same  jurisdiction  of  all 


1873.— Chapter  290.  731 

crimes,  offences  and  misdemeanors  that  shall  have  been 
committed  within  the  said  territory,  that  the  supreme 
judicial  court  and  superior  court  within  the  county  of 
Norfolk  now  have  ;  but  if  before  this  act  takes  effect  pro- 
ceedings shall  have  been  commenced  in  any  of  the  courts 
within  the  county  of  Norfolk,  for  the  prosecution  of  said 
crimes,  offences  and  misdemeanors,  the  said  courts  within 
the  county  of  Norfolk  shall  have  and  retain  jurisdiction  of 
the  same  for  the  full,  comijlete  and  final  disposition  thereof. 
All  suits,  actions,  proceedings,  complaints  and  prosecu- 
tions ;  and  all  matters  of  probate  and  insolvency  which 
shall  be  pending  within  said  territory ,  before  any  court  or 
justice  of  the  peace,  when  this  act  takes  effect,  shall  be 
heard  and  determined  as  though  this  act  had  not  passed. 

Section  4.     Said  territory  shall  be  added  to,  and  con-  To  constitute  a 
stitute  a  part  of  the  judicial  district  under  the  jurisdiction  ?rictofthemuni. 
of  the  municipal  court  of  the  city  of  Boston.     Said  court  Bostom"'^  °^ 
shall  have  the  same  civil  and  criminal  jurisdiction  in  said 
territory  as  it  now  has  by   law  in   its  district  as  it  now 
exists. 

Section  5.  The  said  territory  shall  constitute  award  ^^  gf^bteenth 
of  the  city  of  Boston,  to  be  called  ward  eighteen,  and  ward  of  Bostoi>. 
shall  so  remain  until  the  alteration  of  the  ward  limits  of 
the  city  of  Boston,  provided  by  law.  And  the  ward  so 
established  shall  be  entitled  to  all  the  municipal  and  ward 
officers  to  which  each  of  the  other  wards  of  said  city  is 
entitled,  except  as  hereinafter  provided, 

Section  6.  If  this  act  shall  be  accepted  as  hereinafter  ward  officers  to 
provided,  said  territory  shall,  after  the  fourth  day  of^^'^^"*"^' 
November,  in  the  year  eighteen  hundred  and  seventy-three, 
constitute  a  ward  of  said  city,  to  be  called  ward  eighteen 
for  all  the  purposes  mentioned  in  this  section  and  in 
section  seven  of  this  act.  And  the  board  of  aldermen 
of  said  city,  shall,  in  due  season,  issue  their  warrant 
for  a  meeting  of  the  legal  voters  of  said  ward,  to  be 
held  on  the  second  Monday  of  December,  in  the  year 
eighteen  hundred  and  seventy-three,  at  some  place  within 
said  ward,  which  shall  be  designated  in  said  warrant,  there 
first  to  choose  a  warden,  clerk  and  five  inspectors  of  elec- 
tions for  said  ward,  who  shall  hold  their  offices  until  the 
first  Monday  of  January,  in  the  year  eighteen  hundred 
and  seventy-four,  and  until  others  shall  be  chosen  and 
qualified  in  their  stead;  second,  to  give  in  their  ballots 
for  the  several  municipal  and  ward  officers  for  the  year 
33 


732 


1873.— Chapter  290. 


School  commit- 
tee. 


Citizens  may 
vote  for  muni- 
cipal officers  of 
Boston  in  1873. 


Two  additional 
members  of  the 
common  council 
to  he  elected. 


Police  officers, 
engineers  and 
firemen  to  con- 
tinue in  office. 


Interest  in 
county  prop- 
erty released  to 
Norfolk  County. 


eighteen  hundred  and  seventy-four,  for  which  they  shall 
be  entitled  to  vote  by  virtue  of  the  provisions  of  this  act. 

The  terra  of  office  of  the  school  committee  men  hereto- 
fore chosen  in  said  town  shall  expire  on  the  first  Monday 
of  said  January,  and  there  shall  be  chosen  at  the  election 
provided  for  in  this  section,  three  persons  who  shall  be 
members  of  the  school  committee  of  the  city  of  Boston, 
one  for  three  years,  one  for  two  years,  and  one  for  one 
year ;  and  thereafter  all  vacancies  shall  be  filled  as  other 
vacancies  in  the  school  committee  in  the  city  of  Boston 
are  now  by  law  filled. 

The  board  of  aldermen  of  said  city  shall  prepare  lists  of 
all  the  legal  voters  in  said  ward,  to  be  used  at  said  meet- 
ing, and  shall  do  all  other  things  which  they  are  now  by 
law  required  to  do  in  respect  to  like  elections  in  other 
wards  of  said  city ;  and  at  said  meeting,  any  legal  voter 
of  said  ward  may  call  the  citizens  to  order,  and  preside 
until  a  warden  is  chosen  and  qualified.  All  ward  officers 
whose  election  is  provided  for  in  the  preceding  section, 
shall  be  qualified  according  to  law.  The  citizens  of  said 
territory  shall  have  the  same  right  to  vote  for  municipal 
officers,  at  the  annual  municipal  election  in  said  city,  in 
the  year  eighteen  hundred  and  seventy-three,  as  they 
would  have  had,  if  said  territory  had  formed  part  of  said 
city  for  more  than  six  months  next  before  said  election. 

Section  7.  After  the  present  municiijal  year  the  board 
of  aldermen  of  the  city  of  Boston  shall  consist  of  twelve 
members,  and  the  common  council  of  said  city  shall  consist 
of  the  same  number  now  by  law  provided  for,  and  in 
addition  thereto,  two  members  to  be  chosen  in  and  for  the 
ward  herein  provided  for,  until  a  new  division  of  the  wards 
of  said  city  shall  be  made. 

Section  8.  The  several  police  officers,  watchmen, 
fire  engineers  and  firemen  in  office  in  said  town  of 
Brookline  Avhen  this  act  takes  eflfect,  shall  thereafter 
continue  in  the  discharge  of  their  respective  duties,  in  the 
same  manner  as  if  they  were  police  officers,  watchmen, 
fire  engineers  and  firemen  of  said  city,  until  others  are 
appointed  in  their  stead. 

Section  9.  All  the  interest  which  said  town  now  has 
in  the  public  property  of  the  county  of  Norfolk  is  released 
and  acquitted  to  said  county  of  Norfolk.  Such  portion  of 
the  debts  and  oblio-ations  of  the  coimtv  of  Norfolk,  exist- 
ing  when  this  act  takes  full  effect,  over  and  above  the 


1873.— Chaptek  290.  733 

value  of  all  the  property  belonging  to  said  county  as 
should  proportionally  and  equitably  be  paid  by  the  in-' 
habitants  and  property  owners  of  said  territory  by  this 
act  annexed  to  said  city,  shall  be  paid  by  said  city  to 
said  county  of  Norfolk ;  and  the  supreme  judicial  court 
shall  have  jurisdiction  in  equity  to  determine  the  amount, 
if  any,  and  enforce  thp  payment  of  the  same  upon  a 
suit  in  equity,  in  the  name  of  said  county,  to  be  brought 
therefor  within  six  months  after  this  act  goes  into  full 
operation,  by  the  county  commissioners  of  said  county 
of  Norfolk,  if  they  deem  such  suit  for  the  interest  of 
said  county ;  but  no  such  suit  shall  be  instituted  after 
said  six  months. 

Nothing  contained  in  this  act  shall  impair  the  obligation  obligation  of 
of  contracts  ;  and  the  propert}^  and  inhabitants  of  said  ter-  be'imptfred.*  "^ 
ritory  shall  continue  liable  to  the  existing  creditors  of  the 
county  of  Norfolk,  in  like  manner  as  if  this  act  had  not  been 
passed  :  provided,  that  if  any  person,  by  reason  of  his  being  Proviso. 
an  inhabitant  of,  or  owning  property  in  said  territory,  shall 
be  compelled  to  pay  any  part  of  an  existing  debt  or  obli- 
gation of  the  county  of  Norfolk,  the  amount  of  such  pay- 
ment shall  constitute  a  del)t  to  him  from  said  county,  as 
hereafter  to  be  constituted,    exclusive  of  said  territory, 
and   may  be   recovered   in   like   manner   as    other  debts 
against  the  county  of  Norfolk. 

Section  10.     This  act  shall  not  take  full  effect  unless  Not  to  take  mi 

,      1   1  .'i  c   l^^         1  1  1  /.ji  .,  /•  eft'ect  unless  ac- 

accepted  by  a  majority  ot  the  legal  voters  of  the  city  of  ceptid  by  a  ma- 
Boston  present  and  vot'ng  thereon  by  ballot,  at  meetings  iTBoston  an" 
which  shall  be  held  in  the  several  wards  of  said  city,  and  Brookiine. 
also   by  a   majority   of  the  legal  voters   of  the  town   of 
Brookline   present    and   voting   thereon,  by   ballot,  at   a 
meeting  which  shall  be  held  in  said  town.     All  said  meet-  greetings  to  be 
ings  shall  be  held  simultaneously  on  the  first  Tuesday  of  Tuesday  of  oc 
October  of  the  present  year  ;  and  upon  notice  thereof  duly  ^°''"'  ^^^^' 
given  at  least  seven  days  before  the  time  of  said  meetings, 
and  the  polls  shall  be  opened  at  nine  o'clock  in  the  fore- 
noon of  said  day,  and  shall  be  closed  at  six  o'clock  in  the 
afternoon.     In  case  of  the  absence  of  any  ward  officer  at  Ward  officers 
any  ward  meeting  in  said  city,  held  for  the  purpose  afore-  ^ro  temlorl^'^' 
said,  or  of  any  of  the  selectmen,  or  of  the  town  clerk  at 
any  meeting  in  said  town  held  for  said  purpose,  a  like 
officer  may  be  chosen,  pro  tempore,  by  hand  vote,  and 
shall  be  duly  qualified  and  shall  have  all  the  powers,  and 
be  subject  to  all  the  duties,  of  the  regular  officer  at  said 


734 


1873.— Chapter  290. 


Resiilt  of  bal- 
loting to  be- 
recorded  and 
returned. 


Returns  to  be 
made  to  the 
Becretary  of  the 
Commonwealth. 


Secretary  to 
publish  certili- 
cate,  if  majority 
of  votes  cast  in 
favor  of  accept- 
ance. 


Part  of  act  to 
take  effect  upon 
its  passage. 


meetings.  Said  ballots  shall  be  "yes"  or  "no"  in  answer 
to  the  question,  "  Shall  an  act  passed  by  the  legislature  of 
this  Commonwealth  in  the  year  eighteen  hundred  and 
seventy,  entitled  '  An  Act  to  unite  the  city  of  Boston  and 
the  town  of  Brookline,' be  accepted?"  Such  meeting  in 
said  town  shall  be  called,  notified  and  warned  by  the 
selectmen  of  said  town  in  the.  same  manner  in  which 
meetings  for  the  election  of  town  officers  in  said  town  are 
called,  notified  and  warned  ;  and  such  meeting  in  the  city 
of  Boston  shall  be  called,  notified  and  warned  by  the 
board  of  aldermen  of  said  city  in  the  same  manner  in 
which  meetings  for  the  election  of  municipal  officers  in 
said  city  are  called,  notified  and  warned. 

The  ballots  shall  be  assorted,  counted  and  declared  in 
the  ward  meetings  in  which  they  are  given  in  the  city  of 
Boston,  in  open  ward  meeting,  and  shall  be  registered  in 
the  ward  records ;  and  in  the  town  of  Brookline  the  bal- 
lots shall  be  assorted,  counted  and  declared  in  open  town 
meeting,  and  shall  be  recorded  upon  the  records  of  the 
town.  The  clerk  of  each  ward  in  the  city  of  Boston  shall 
make  return  of  all  ballots  in  favor  of  the  acceptance  of 
this  act,  and  the  number  of  ballots  against  said  acceptance, 
to  the  board  of  aldermen  of  said  city,  said  returns  to  be 
made  within  forty-eight  hours  of  the  close  of  the  polls. 

It  shall  be  the  duty  of  the  board  of  aldermen  of  said 
city  to  certify  as  soon  as  may  be  the  number  of  ballots 
cast  in  said  city,  and  the  number  of  ballots  cast  in  favor 
of  the  acceptance  of  this  act,  and  the  number  of  ballots 
cast  against  said  acceptance,  to  the  secretary  of  the  Com- 
monwealth. 

The  selectmen  and  town  clerk  of  the  town  of  Brook- 
line shall,  as  soon  as  may  be,  make  a  like  return  of  the 
ballots  cast  in  said  town,  and  the  number  of  ballots  cast 
in  favor  of  acceptance  of  this  act,  and  the  number  of  bal- 
lots cast  against  said  acceptance,  to  the  secretary  of  the 
Commonwealth . 

And  if  it  shall  appear  that  a  majority  of  the  votes 
cast  in  said  city,  and  a  majority  of  the  votes  cast  in 
said  town,  respectively,  are  in  favor  of  the  acceptance 
of  this  act,  the  said  secretary  shall  immediately  issue  and 
publish  his  certificate  declaring  this  act  to  have  been  duly 
accepted. 

Section  11.  So  much  of  this  act  as  authorizes  and 
directs  the  submission  of  the  question  of  acceptance  of  this 


1873.— Chaptors  291,  292.  735 

act  to  the  legal  voters  of  said  city  and  said  town,  respec- 
tively, provided  for  in  the  tenth  section  of  this  act,  shall 
take  effect  upon  its  passage. 

Sectiox  12.  If  this  act  shall  be  accepted  as  herein  when  to  take 
provided,  it  shall  take  effect  on  the  twelfth  day  of  Novem-  cfpted/ 
ber,  in  the  year  eighteen  hundred  and  seventy-three,  so 
far  as  to  authorize,  legalize  and  carry  into  effect  the  acts 
and  provisions  of  the  sixth  and  seventh  sections  of  this 
act;  but  for  all  other  purposes,  (except  as  mentioned  in 
section  eleven  of  this  act,)  it  shall  take  effect  on  the  first 
Monday  of  Januaiy,  in  the  year  eighteen  hundred  and 
seventy-four.  Approved  May  16, 1873. 

An  Act  to  authorize  the  commissioners  on  public  lands  to  rii,      oq-j 

GIVE   DEEDS   IN   CERTAIN   CASES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     When  it  shall  appear  to  the  commissioners  commissioners 
on  public  lauds,  that  any  bond   given  by  them  for  the  ™/pubilciaud, 
conveyance  of  any  land  of  the  Commonwealth  has  been  Thecomeynnle 
lost   or   destroyed,    said    commissioners    may,    with   the  i^iost. 
approval  of  the  governor  and  council,  give  a  deed  of  said 
land :    jjrovided,   the   payments  on   the  same  have   been 
fully  made. 

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

Aj^proved  May  16,  1873. 
An  Act  to  amend  the  general  statutes  relating  to  teach-  rii.      9C)9 

ERS'   institutes,   THE    DUTIES   OF    SCHOOL    COMMITTEES,   AND   THE  * 

ATTENDANCE   OF   CHILDREN   IN   THE  PUBLIC   SCHOOLS. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Section  two  of  chapter  thirty-five  of  the  Four  thousand  * 
General  Statutes  is  amended  so  that  four  thousand  dollars  expenleTfor^ 
may  be  expended  for  teachers'  institutes,  instead  of  three  tutes.''"' "^*^'" 
thousand  dollars  as  provided  in  said  section.  ^-  ^-  3^>  §2. 

Section  2.  Section  twenty-six  of  chapter  thirty-eight 
of  the  General  Statutes  is  amended  to  read  as  follows : 
The  school  committee,  or  some  one  or  more  of  them,  for 
the  purpose  of  organizing  and  making  a  careful  examina- 
tion of  the  schools,  and  of  ascertaining  that  the  scholars 
are  properly  supplied  with  books,  shall  visit  all  the  public 
schools  in  the  town  on  some  day  during  the  first  week 
after  the  opening  of  such  schools,  and  also  on  some  day 
during  the  two  weeks  preceding  the  close  of  the  same ; 
and  shall  also  for  the  same  purposes  visit,  without  giving 
previous  notice  thereof  to  the  instructors,  all  the  public 
schools  in  the  town  once  in  a  month,  and  they  shall,  at 


736  1873.— Chaptek  293. 

such  examinations,  inquire  into  the  regulation  and  disci- 
jDline  of  the  schools,  and  the  habits  and  proficiency  of  the 
scholars. 

Section  3.  School  committees,  in  addition  to  the 
duties  set  forth  in  section  twenty-eight  of  chapter  thirty- 
eight  of  the  General  Statutes,  shall  prescribe,  as  far  as  is 
practicable,  a  course  of  studies  and  exercises  to  be  pur- 
sued in  the  j)ublic  schools. 

Section  4.  Section  seven  of  chapter  forty-one  of  the 
General  Statutes  is  amended  so  that  children,  without 
limitation  as  to  age,  may  attend  school  in  cities  and  towns 
other  than  those  in  which  their  parents  or  guardians 
reside. 

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

Aj^proved  May  16,  1873. 

OJ?        293     ^^   ^^"^  ^^   AUTHORIZE  THE   BOSTON  AND    ALBANY    RAILROAD    COM- 
*        PANY     TO     CHANGE     THE     LOCATION     OF     ITS     RAILROAD     IN     THE 
TOWNS   OP  RUSSELL  AND   MONTGOMERY. 

Be  it  enacted,  &g.,  as  folloivs: 
May  change  lo-        SECTION  1.     The  BostoH  and  Albany  Railroad  Company 

cation  of  road  ,  ,^         i  j.  f    •  t  •^  t-xIj.  r* 

in  Russell  and   may  chaugc  the  location  ot  its  railroad  in  the  towns  ot 

Montgomery,     jj^gggji    c^^-y^   Montgomery,  beginning   at  or  near  station 

eight   hundred    and    sixty-four   and    ninety-six   one-huu- 

dredths  of  the  original  location  of  the  Western  Railroad, 

in  the  town  of  Russell,  and  about  eighteen  hundred  feet 

southerly  of  the  bridge  across  the  Westfield  River,  south 

of  Russell  depot,  and  running  thence  on  the  easterly  side 

of  said  Westfield  River,  to  a  point  at  or  near  station  nine 

hundred   and  forty-six  and  fifty  one-hundredths  of   said 

original  location,  and  about  six  hundred  feet  westerly  of 

the   bridge    across    said   river,    known    as    "Tuttle   Bend 

Bridge."     Said  new  location  shall  be  filed  within  one  year 

from  the  passage  of  this  act. 

May  abandon         Section  2.     The    Said  corporatioii   may  abandon  said 

of'foad.  °°^*'°"  original   location   between    the    points    indicated    in   the 

preceding    section,    together   with   the  present  depots  at 

Russell. 

To  build  new         Section  3.     The  provisions  of  the  foregoing  sections 

8eii"°and  fo"n-    are  upou  the  condition  that  said  railroad  company  shall 

acriBlwes&  ^uild  aud  maintain  a  new  station  on  the  easterly  side  of 

i^i'^er.  said   river  in  sg,id   Russell,  and  as  nearly  as  practicable 

opposite  the  present  station,  and  shall  construct  a  bridge 

with  suitable  approaches  thereto  across  said  river  for  the 

public  travel,  in  such  place  as  shall  furnish  a  convenient 


1873.— Chapters  294,  295.  737 

and  direct  communication  between  the  present  highway  on 
the  westerly  side  of  said  river  and  said  new  station ;  said 
bridge  and  its  approaches  to  be  built  within  fifteen  days 
from  the  abandonment  of  the  present  station,  of  such 
plan  and  materials  as  shall  be  ordered  by  and  to  the 
acceptance  of  the  county  commissioners  for  the  county  of 
Hampden;  and  said  bridge  and  its  approaches  shall 
thereupon  become  a  county  road. 

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

Approved  May  16,  1873. 

An  Act  to  confirm  the  proceedings  of  the  north  bennet  qt      094 

street  free-will  baptist  society  of  boston. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  North  Bennet  Street  Free-Will  Bap-  Proceedings 
tist  Society,  of  Boston,  within  one  month,  may  tile  with 
the  clerk  of  the  city  of  Boston,  an  attested  copy  of  the 
record  of  the  proceedings  had  in  the  organization  of  said 
society,  in  the  year  eighteen  hundred  and  fifty,  and  the 
filingf  as  aforesaid  shall  have  the  same  effect  as  to  the 
legality  of  said  organization,  and  the  acts  and  proceedings 
of  said  society,  as  if  the  same  had  been  done  in  accord- 
ance with  the  statutes  heretofore  existing  in  relation  to 
the  oro:auization  of  religious  societies. 

Section  2.     This  act  shall  take  efl:ect  upon  its  passage. 

Approved  May  16,  1873. 

An  Act  to  incorporate  the  trustees  of  the  metiiodist  epis-  /^7,      095 

coPAL  church  in  winohendon,  and  for  other  purposes. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     "William   Taylor,   William  S.  Woodcock,  Corporators. 
Aaron    Winch,    Eleazer    P.   Weston,    William    Wilder, 
Jedediah   Morse,   Edward   Loud    and  Abraham    Pierce, 
trustees   of  the   Methodist   Episcopal    Church  in  Winch- 
endon,  and  their  successors  in  office,  elected  in  conformity 
to  the  discipline  of  the  Methodist  Episcopal  Church  in  the 
United  States,  are  made  a  corporation  in  said  Winchendon, 
by  the  name  of  the  "Trustees  of  the  Methodist  Episcopal  Name  and  pur- 
Church    in   Winchendon,"   with   the   powers,    privileges,  ^"^^" 
duties  and  liabilities,   set  forth   in  general  laws  now  or 
hereafter  in  force  so  far  as  the  same  may  be  applicable. 

Section  2.     The  deed  of  Merritt  Hale  and    Lincoln  Deed  to  trustees 
Raymond  to   such  trustees,   dated  January  twenty -fifth,  confirmed. 
eighteen   hundred   and    seventy-three,    is    confirmed   and 
made  valid  to  convey  the  estate  therein  described. 


738  1873.— Chapters  296,  297. 

s^restateat  Section  3.  Said  trustees  may  sell  said  estate  at  public 
public  or  priv-  01'  pi'lvate  Sale,  aud  convey  the  same,  free  and  discharged 
of  all  trusts  ;  and,  after  paying  the  pew  owners  for  their 
rights  therein  according  to  an  appraisal  to  be  made  before 
such  sale  by  three  disinterested  persons,  appointed  by 
said  trustees,  may  use  the  balance  of  the  proceeds  of  the 
sale  for  the  purchase  of  other  land  and  buildings  in 
Winchendon,  to  be  held  in  trust  for  the  use  of  said  church 
as  a  place  of  public  worship  in  accordance  with  the 
discipline  of  the  Methodist  Episcopal  Church  in  the 
United  States.  Approved  May  16, 1873. 

C7l.      296.   ^N    ^CT     TO     AUTHORIZE    CHARLES     P.     STICKNEY     AND     JOSEPH     A. 
BOWEN   TO   EXTEND   THEIR   WHARF  IN   FALL  RIVER. 

B  it  enacted,  &c.,  as  follows : 
wharHnfali  SECTION  1.     Liccusc  is  granted  to  Charles  P.  Stickney 

River.  and  Joscph  A.  Bowen  to  extend  their  wharf  in  Fall  River 

from  the  present  outer  line  of  the  same,  on  Fall  River 
Creek,  westerly  toward  the  channel  of  Taunton  Great 
River,  not  exceeding  sixt}^  feet  in  length  and  one  hundred 
feet  in  width,  subject  to  the  provisions  of  chapter  four 
hundred  and  thirty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine. 

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

Approved  May  16, 1873. 

Ch.      297.  ^'^  ^^'^  ^^  RELATION  TO  ATTACHMENTS  OF  REAL  ESTATE. 

Be  it  enacted,  &c.,  as  folloivs : 

When  attach-  SeCTION    1 .       lu    the    COUUty  of    Suffolk  when    an  attach- 

ment of  reales-  /•  1  11 

tate  on  mesne    nicut   of  real    or    Icaschold    estates  on  mesne  process  is 
m°suffoik,  copy  made,  the   copy  of  the   original  writ  and    officer's  return 
posTtodTn  regit  HOW  by  law  providcd  to  be  deposited  in  the  ofiice  of  the 
try  of  deeds.       clci'k  of  the  suprcmc  judicial  court  for  the  county  of  Suf- 
folk, shall  hereafter  be  deposited  in  the  registry  of  deeds 
for   said   county.      All   the   powers   and   duties   relative 
thereto  now  vested  in  or  to  be  performed  by  said  clerk, 
shall  be  vested  in  and  performed  by  the  register  of  deeds 
for  said  county,  and  with  like  effect.     All  the  provisions 
of  law  relating  to  the  deposition  of  such  copy  and  officer's 
return  in  the  office  of  said  clerk,  shall  be  aj^plicable  to  the 
deposition  of  the  same  in  the   office  of  the  said  register 
Provisions  to      uiidcr  this  act.     The  provisions  of  this  section  shall  apply 
executions'    also  to  the  Icvy  of  executions  in  cases  under  chapter  one 
hundred  and  ninety  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-two. 


1873.— CH.VPTER  298.  739 

Section  2.     Where  it  appears  of  record  in  the  court  cicrkofcourtto 

11  /"I   ■lotiiy  register 

where  a  suit  is  pending  in  which  an  attachment  oi  real  when  an  attach- 
estate  in  the  county  of  Suffolk  has  been  made,  that  the  dissolved! 
attachment  has  been  dissolved,  it  shall  be  the  duty  of  the 
clerk  of  the  court  to  forward  to  the  register  of  deeds  for 
said  county,  a  certificate  of  the  fact  of  such  dissolution 
and  how  the  dissolution  was  made,  and  the'  register  shall 
file  such  certificate  with  the  copy  of  the  original  writ,  and 
also  make  a  record  thereof  in  his  docket  of  attachments. 

Section  3.     Registers   of  deeds  and  clerks  of  courts  Duties  of  regis- 
shall  perform  the   same  duties  with  regard  to  the  filing  with  regard  to 
and  recording  of  copies  of  writs  and  other  papers,  in  suits  lu  u.'^B.'courtl! 
originating  in  the  courts  of  the  United  States  and  affecting 
the  title  to  real  estate  by  attachment  or  otherwise,  that 
they  are  now  or  may  hereafter  be  authorized  to  perform 
with  regard  to  the  filing  and  recording  of  such  papers  in 
such  suits  originating  in  the  courts  of  this  Commonwealth. 

Section  4.  This  act  shall  take  effect  on  the  first  day 
of  July  next.  Approved  May   19, 1873. 

An  Act  to  amend  chapter  three  hundred  and  seventy-one  of  nj^^^    298. 

THE  LAWS  OF  THE  YEAR   EIGHTEEN   HUNDRED   AND   SEVENTY-TWO,  *      "^ 

RELATING   TO   THE   REGULATION  AND  INSPECTION   OF  BUILDINGS  IN 
THE  CITY  OF  BOSTON,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted^  tfcc,  as  follows : 

Section  1 .     Section  one  of  chapter  three  hundred  and  ^^2*"37"Ti  ^ 
seventy-one  of  the  laws  of  the  year  eighteen  hundred  and 
seventy-two  is  amended  by  adding  the  following  at  the 
end  thereof : — 

'*  The  amount  of  materials  above  specified  for  external 
walls,  may  be  used  either  in  piers  or  buttresses  :  provided, 
the  external  walls  between  said  piers  or  buttresses  shall  in 
no  case  be  less  than  twelve  inches  thick.  If  adjoining 
owners,  instead  of  a  party- wall,  shall  each  at  the  same 
time  erect  a  wall  on  his  own  land,  such  walls  may  be 
twelve  inches  each  in  thickness,  to  such  height  as  they 
shall  be  contiguous." 

Section  2.  Section  five  of  said  act  is  amended  by  Amendment  to 
striking  out  the  words  ""into  the  backing,"  and  substitut-  i^'^, sa, §o. 
ing  therefor  the  words  "  with  Flemish  header  or "  ;  also 
by  striking  out  the  words  "  and  shall  not  be  built  to  a 
greater  height  than  prescribed  for  twelve-inch  walls,"  and 
substituting  therefor  the  words "  and  each  stone  of  said 
ashlar  work  shall  be  securely  tied  to  the  backing  by  one 
or  more  suitable  metal  anchors." 

34 


740 


1873.— Chapter  298. 


Amendment  to 
1S72,  371,  §  6. 


Amendment  to 
1872,  371,  §  7. 


Amendment  to 
1872,  371,  §  8. 


Amendment  to 
1872,  371,  §  13. 


Amendment  to 
1872,  371,  §  16. 


Amendment  to 
1872,  371,  §  18. 


Buildings  not  to 
be  made  more 
than  eighty  feet 


Section  3.  Section  six  of  said  cact  is  amended  b}^  insert- 
ing after  the  words  "  wooden  columns,"  the  words  "  or  brick 
piers  " ;  also  by  striking  ont  all  after  the  words  "  footing- 
course,"  and  substituting  therefor  the  words,  "or  leveller 
for  each  column  not  less  than  three  feet  six  inches  square, 
and  one  foot  six  inches  thick.  If  the  girders  restins;  on 
said  columns  are  entirely  of  wood,  said  columns  shall  not 
be  more  than  twelve  feet  apart  on  the  line  of  the  girders." 

Section  4.  Section  seven  of  said  act  is  amended  by 
striking  out  all  words  after  the  words  "  commonly  used 
except"  to  and  including  the  words  "  ends  of  the  same," 
and  substituting  therefor  the  words  "  arch-forms  for  in- 
terior arched  openings." 

Section  5.  Section  eight  of  said  act  is  amended  by 
striking  out  all  after  the  words  "wet  when  laid,"  and  sub- 
stituting therefor  the  followinor ; — 

.  "Isolated  brick  piers  under  all  lintels,  girders,  iron  or 
other  columns  shall  have  a  cap-iron  at  least  two  inches 
thick,  or  a  granite  cap-stone  at  least  twelve  inches  thick, 
the  full  size  of  the  pier.  In  the  case  of  an  external  brick 
pier,  the  plate  may  be  reduced  sufficiently  in  size  to  allow 
four  inches  of  brickwork  to  intervene  between  the  edge  or 
edges  of  the  plate  and  the  face  or  faces  of  the  pier  exposed 
to  the  weather.  Columns  supported  by  brick  walls  or 
piers,  shall  rest  upon  an  iron  plate  at  least  two  inches 
thick,  or  upon  a  granite  cap-stone  at  least  twelve  inches 
thick,  of  a  size  satisfactory  to  the  inspector  of  buildings. 
Under  iron  columns  shall  in  all  cases  be  an  iron  plate  of 
not  less  than  one  and  one-half  inches  in  thickness." 

Section  6.  Section  thirteen  of  said  act  is  hereby 
amended  by  substituting  the  following  words  therefor  : 

"In  any  building  hereafter  to  be  erected,  to  be  occu- 
pied as  a  tenement  or  lodging-house,  in  which  the  lower 
part  is  intended  to  be  used  for  business  or  manufacturing 
purposes  of  any  kind,  or  which  is  intended  to  be  occupied 
by  more  than  four  families,  the  hall  partitions  from  the 
cellar  to  the  second  floor  shall  be  built  of  brick." 

Section  7.  Section  sixteen  of  said  act  is  amended  by 
adding  to  said  section  the  words  "and  no  woodwork  shall 
be  placed  on  the  outside  thereof." 

Section  8.  Section  eighteen  of  said  act  is  hereby 
amended  by  striking  out  the  words  "  or  engine,"  wherever 
they  occur. 

Section  9.  All  buildings  hereafter  erected  or  in- 
creased in  height,  except  churches  and  grain  elevators, 


1873.— Chaptee  298.  741 

shall  not  exceed  a  height  greater  than  eighty  feet  to  the  ^ height,  e^xcept 
highest  point  from  the  level  of  the  side  walk,  exclusive  grain  elevators. 
of  chimneys  and  party- walls  above  the  roof:  j^rovided, 
hoivever,  that  an  additional  height  may  be  added,  if  said 
addition  shall  be  constructed  in  a  fire-proof  manner,  as 
herein  named,  to  wit : — All  joists,  beams,  rafters,  purlines, 
jack-rafters,  plates,  studs,  ties  and  arches,  shall  be  made 
of  cast  or  wrought  iron,  or  some  other  metal,  stone,  brick, 
cement,  mortar,  or  other  incombustible  material,  and 
covered  with  corrugated  iron,  sheet  or  cast  iron,  tin,  cop- 
per, zinc  or  other  metal,  or  slate,  stone,  brick,  cement, 
mortar  or  other  incombustible  material.  All  structures 
or  projections  above  or  outside  of  the  roof,  such  as  domes, 
cupolas,  pavilions,  towers,  spires,  pinnacles,  buttresses, 
lantern  louvres,  luthern  or  dormer  windows,  skylights, 
scuttles,  ventilators,  cornices  and  gutters,  shall  be  made, 
constructed,  framed  and  covered  with  cast  or  wrought 
iron,  tin,  copper,  zinc  or  other  metal,  or  stone,  slate, 
brick,  cement  or  mortar,  or  other  incombustible  material. 
Section  twenty'  of  said  act  is  hereby  repealed.  37ir§'*2o!^^^'^' 

Section  10.  Section  twenty-three  of  said  act  is  hereby  f872"37i'T23*° 
amended  by  inserting  after  the  words  "  shall  erect  or  alter 
any  building  or  structure  in  the  city  of  Boston,  in  viola- 
tion of  any  or  either  of  the  provisions  of  this  act,  of  the 
act  of  which  this  act  is  an  amendment,  or  of  any  amend- 
ment thereof,"  the  words  "  or  in  violation  of  any  ordinance 
enacted  by  the  city  council  of  the  city  of  Boston,  under 
authority  given  it  by  chapter  two  hundred  and  eighty  of 
the  laws  of  the  year  eighteen  hundred  and  seventy-one,  or 
of  any  law  or  laws  in  addition  thereto  or  amendment 
thereof." 

Section  11.     If  any  building  or  parts  of  a  building,  inspectors  of 
staging  or  other  structure,  or  anything  attached  to  or  con-  specVbuiid'ingB 
nected  with  any  building  or  other  structure  in  the  city  of  dlng^r'^chis'^or^ 
Boston,  shall  from  any  cause  be  reported  dangerous   or  unsafe. 
unsafe,  so  as  to  endanger  life  and  limb,  it  shall  be  the 
duty  of  the  inspector  of  buildings  to  inspect  such  structure, 
and  if,  in  his   opinion,  the  same  be  dangerous,  he  shall 
immediately  notify  the  owner,  agent  or  other  party  having 
an  interest  in  said  structure,   to  cause  the  same   to   be 
made  safe  and  secure,  or  removed,  as  may  be  necessary. 

Section  12.     The  person  or  persons  so  notified  shall  Buiiaingtobe 
be  allowed  until  twelve  o'clock  noon  of  the  day  following  removed  as  soon 
the   service   of  such   notice,  in  which   to  commence   the  ''^  p°^*^'^^®- 


742 


1873.— Chapter  298. 


Proviso. 


If  owner  neg- 
lects to  comply 
with  require- 
ments of  notice, 
a  careful  survey 
shall  be  made. 


If  the  report  de- 
clares that  the 
structure  is  un- 
safe the  inspect- 
or shall  take  it 
down. 


Proviso. 


Penalty  for  neg- 
lecting to  make 
structure  safe. 


securing  or  removal  of  the  same ;  and  he  or  they  shall 
employ  sufficient  labor  to  remove  or  secure  the  same  as 
expeditiously  as  can  be  done :  provided,  however,  that  in 
cases  where  the  public  safety  requires  immediate  action, 
the  inspector  of  buildings  may  enter  upon  the  premises 
with  such  workmen  and  assistants  as  may  be  necessary, 
and  cause  the  said  unsafe  structure  to  be  shored  up,  taken 
down,  or  otherwise  secured,  without  delay,  and  a  proper 
fence  or  boarding  to  be  put  up  for  the  protection  of  pass- 
ers-by. 

Section  13.  If  the  owner,  agent,  or  other  party  in- 
terested in  said  unsafe  structure,  having  been  notified, 
shall  refuse  or  neglect  to  comply  with  the  requirements  of 
said  notice  within  the  time  specified  in  section  ten,  then 
a  careful  survey  of  the  premises  named  in  said  notice 
shall  be  made  by  three  disinterested  persons,  one  to  be 
appointed  by  the  inspector  of  buildings,  one  by  the  owner 
or  other  interested  party,  and  the  third  chosen  by  these 
two,  and  the  report  of  such  survey  shall  be  reduced  to 
writing,  and  a  copy  served  upon  the  owner  or  other  inter- 
ested party ;  and  if  said  owner  or  other  interested  party 
refuse  or  neglect  to  appoint  a  member  of  said  board  of 
survey,  then  the  survey  shall  be  made  by  the  city  engi- 
neer and  the  chief  engineer  of  the  fire  department  of 
Boston,  and  in  case  of  disagreement  they  shall  choose  a 
third  person 

Section  14.  ^Vhenever  the  report  of  any  such  survey 
had  as  aforesaid,  shall  declare  the  structure  to  be  unsafe 
or  dangerous  to  life  or  limb,  the  inspector  of  buildings 
shall,  upon  continued  refusal  or  neglect  of  the  owner  or 
other  interested  party,  cause  such  unsafe  or  dangerous 
structure  to  be  taken  down  or  otherwise  made  safe ;  and 
the  costs  and  charges  shall  become  a  lien  upon  said  estate, 
to  be  collected  according  to  law,  but  without  prejudice  to 
the  right  which  the  owner  thereof  ma}' have  to  recover  the 
same  from  any  lessee  or  other  person  liable  for  the  ex- 
pense of  repairs  :  j)rovided,  that  nothing  herein  contained 
shall  authorize  the  recovery  by  the  lessor  of  the  lessee  of 
the  cost  of  any  charges  which  may  have  been  rendered 
necessary  through  the  default  or  negligence  of  the  lessor, 
or  through  want  of  repair  or  defects  existing  in  said 
premises  at  the  commeiKxement  of  the  lease. 

Section  15.  Upon  the  citation  of  any  structure  as 
unsafe  or  dangerous,  by  the  inspector  of  buildings,  if  the 


1873.— Chaptee  298.  743 

owner  or  other  interested  party,  being  notified  thereof  in 
writing,  shall  refuse  or  neglect  to  cause  the  said  structure 
to  be  taken  down  or  otherwise  made  safe,  said  owner  or 
other  interested  party  shall  forfeit  to  the  use  of  said  city, 
for  every  day's  continuance  of  said  refusal  or  neglect,  a 
sum  not  less  than  ten  nor  more  than  fifty  dollars  ;  said 
sum  to  be  recoverable  as  debts  are  now  by  law  recovera- 
ble. 

Section  16.  Any  owner  or  other  interested  person  owner  may  ap. 
aggrieved  by  any  such  order  may,  within  three  days  after  ^^  o^ajurj. 
the  service  thereof  upon  him,  apply  for  a  jury  to  the 
superior  court,  if  sitting  in  the  county,  or  to  any  justice 
thereof  in  vacation.  The  court  or  justice  shall  issue  a 
warrant  for  a  jury  to  be  empanelled  by  the  sheriff  within 
fourteen  days  from  the  date  of  the  warrant,  in  the  manner 
provided  in  chapter  forty-three  of  the  General  Statutes 
relating  to  highways. 

Section  17.     The  jury  may  afiirm,  annul,  or  alter  such  jury  may  affirm 
order,  and  the  sheriff  shall  return  the  verdict  to  the  next  ordw'of  Sf 
term  of  the  court  for  acceptance,  and  being  accepted,  it  ^pector. 
shall  take  effect  as  an  original  order. 

Section  18.     If  the   order  is  affirmed,  costs  shall  be  Taxation  of 
taxed  against  the  applicant ;  if  it  is  annulled  the  applicant 
shall  recover  damages  and  costs  against  the  city ;  if  it  is 
altered  in  part,  the  court  may  render  such  judgment  as  to 
costs  as  justice  may  require. 

Section  19.     Nothing  contained  in  the  three  preceding  Penalty  may  be 
sections  shall  be  construed  to  bar  the  right  of  the  city  to  IriJrL not  an- 
recover  the  penalty  enacted  in  section  thirteen,  for  the  °'^^'^'^- 
continuance   of  the   refusal   or   neglect  of  the  OFuer  or 
owners,  or  other  interested  party  or  parties,  to  cause  the 
structure  in  question  to  be  taken  down  or  otherwise  made 
safe,   unless  the  order  is  annulled  by  the  jury ;  but  in 
default  of  such  annulment,  the  city  shall  have  the  right  to 
recover  said  penalty  from  the  day  of  the  original  notice  as 
enacted  in  said  section. 

Section  20.     In  case  the  building  or  structure  cited  as  s.  j.  c.  mayre. 
unsafe  or  dangerous  shall  be  in  process  of  erection,  altera-  tion  ere^Sn^of' 
tion  or  repair,  it  shall  be  lawful  for  the  supreme  judicial  unsafe  building. 
court,  or  any  justice  thereof,  either  in  term  time  or  vaca- 
tion, to  issue  forthwith  an  injunction  restraining  further 
progress  in  the  work  on  said  building  until  the  facts  of 
the  case  shall  have  been  investigated  and  determined  as 
herein  provided. 


744  1873.— Chapter  298. 

Buiiciingg  un-         Section  21.     If  aiiv  biiilcliiio^  in   the  city  of  Boston 

Bale  in  case  of         in  *^  .  .  ,~        ,         .  ''  c   ^      't  i 

fire  to  come  Shall  appear  upon  examination  hj  the  inspector  ot  build- 
viiions  o/ tills"  iugs,  to  bc  Specially  dangerous  to  life  or  limb  to  members 
^*"  of  the  fire  department  or  to  citizens  in  case  of  fire,  by 

reason  of  insufficient  thickness  of  walls,  overloaded  floors, 
defective  construction,  or  other  causes,  such  building  shall 
be  held  and  taken  to  be  dangerous  within  the  meaning  of 
and  subject  to  all  the  provisions  of  this  act ;  and  the  in- 
spector of  buildings,  besides  proceeding  as  herein  before 
provided,  may  affix  a  notice  of  the  dangerous  character  of 
the  structure  to  a  conspicuous  place  on  the  exterior  wall 
of  said  building.  Any  person  or  persons  removing  such 
notice,  so  affixed,  shall  be  liable  to  a  penalty  of  not  less 
than  ten  nor  more  than  fifty  dollars  for  each  and  every 
ofience. 
Facilities  for         SECTION  22.     It  shall  be  the  duty  of  the  inspector  of 

escape  in  case       i      .,  t  .  n     t         it  i  i    •         i 

of  fire  to  be  pro-  buildiiigs  to  luspcct  all  dwelling-houses  now  erected  m  the 

Tided  in  hotels,      ..  /.   t-«       j^  •     t    i        j  /»        -t 

&c.  City  01  iioston,  occupied  b}''  two  or  more  lamilies  on  any 

of  the  floors  above  the  second  floor  from  the  level  of  the 
street,  and  any  building  now  erected  and  occupied  as  a 
hotel,  boarding  or  lodging  house,  factory,  mill  or  manu- 
factory, or  for  offices  or  workshops,  in  which  persons  are 
emploj^ed  in  any  of  the  stories  above  the  second  story ; 
and  if  in  his  opinion  such  building  is  not  provided  with 
proper  facilities  for  the  escape  of  such  persons  in  case  of 
fire,  he  shall  immediately  serve  a  notice  in  writing  upon 
the  owner  or  owners,  agent,  or  other  party  or  parties  hav- 
ing an  interest  in  said  building,  requiring  such  facilities  to 
be  provided  without  delay. 
escapfare  not  Sect^jox  23.  If  the  pcrsou  or  persons  so  notified  shall 
provided,  a  sur-  rcfusc  or  neo;lect  to  provide  such  facilities  to  the  satisfac- 

vey  may  be  had.      .  ^         .-i.  ,  •  ,^  •  i,-  ji-  i 

tion  ot  said  inspector,  within  such  time  as  the  inspector 

may  designate,  then  such  a  survey  of  the  premises  shall 

be  had  as  provided  by  section  thirteen  of  this  act. 

Report  to  sped-      SECTION  24.     If  the  I'cport  of  such  survey  shall  require 

alterfti^oM?^'''^    the  fumisliiug  of  the  facilities  as  aforesaid,  the  requisite 

changes  or  alterations  in  the  building  shall  be  particularly 

specified ;  and  the  inspector  of  buildings  shall,  upon  the 

continued  neglect  or  refusal  of  the   owner  or  owners,  or 

other  party  or  parties  interested  in  said  building,  cause 

such  changes  or  alterations  to  be  made,  in  the  manner  and 

subject  to  aJl  the  provisions   specified  and  contained  in 

sections  fourteen  to  nineteen  inclusive,  of  this  act. 

oflacers  may  SECTION  25.     The  officci's  of  the   department   for   the 

surv*ey  and  inspection  of  buildings  in  the  city  of  Boston, 


1873.— Chapter  299.  745 

and  all  surveyors  or  other  persons  required  to  execute  the 
provisions  of  this  act,  shall,  as  far  as  may  be  necessar}^ 
for  the  performance  of  their  respective  duties,  have  the 
right  to  enter  any  building  or  premises  in  said  city. 

Section  26.     Sections  fifty-one  to  fifty-eight  inclusive,  Repeal  of  isn, 
of  chapter  two  hundred  and  eighty  of  the  acts  of  the  year      ■ »» °  "^  • 
eighteen  hundred  and  seventy-one,  are  hereby  repealed. 

Section  27.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  20,  1873. 

An  Act  concerning  the  building  by  the  city  of  somerville  /^z      oQQ 

OF  A   drain  through   THE   CITY   OF   CAMBRIDGE.  ' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  mayor  and  aldermen  of  the  city  of  someTiiie  may 

-J  y  maintain  a  dram 

Somerville  may  lay,  make  and  mamtam  a  mam  drain  or  through  cam. 
common  sewer  from  Somerville  to  Alewife  Brook,  and  w'ie^Brook.*^' 
through  that  portion  of  Cambridge  which  is  l)ounded  by 
Somerville  and  by  North  Avenue,  the  Lexington  and 
Arlington  branch  of  the  Boston  and  Lowell  Railroad  and 
said  Alewife  Brook  in  Cambridge,  and  in  such  part  thereof 
as  to  them  shall  seem  best,  and  through  the  lands  of  any 
persons  and  corporations  within  said  territory,  and  may 
repair  the  same  from  time  to  time  whenever  repairs 
thereof  shall  be  necessary ;  and  such  main  drain  or  com- 
mon sewer  shall  be  the  property  of  the  said  city  of 
Somerville ;  but  it  shall  not  be  so  laid  as  to  require  the 
removal  of  or  interference  with  any  building,  or  any  part 
of  any  building  now  ov.ned  by  the  city  of  Cambridge. 

Section  2.  The  proceedings  in  taking  said  lands  for  Liabmty  for 
the  purposes  aforesaid,  and  the  liability  of  said  city  of  '^^^s^*- 
Somerville  for  all  damages  by  reason  of  the  laying,  making 
and  maintaining,  of  said  main  drain  or  common  sewer,  and 
the  rights  and  remedies  for  ascertaininsr  and  recoverinof 
the  amount  of  such  damages,  shall  be  regulated  by 
chapter  one  hundred  and  eleven  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine,  relating  to  laying, 
making  and  maintaining  main  drains  or  common  sewers  in 
any  city  or  town. 

Section  3.     The   city   of    Somerville    shall    have   the  owner  of  priv- 
same  right  to  assess  any  person  for  entering  his  particular  alse'lsed  for  en-^ 
drain  into  such  main  drain  or  common  sewer,  and  for  all  ^|"°s  common 
benefit  received  by  more  remote  means  on  account  of  said 
main    drain   or  common    sewer    for    draining    cellars    or 
lands,  situated  in  said  city  of  Somerville,  as  if  the   said 
main  drain  or  common  sewer  was  situated  in  Somerville, 
and  all  proceedings  for  the  collection  of  and  in  regard  to 


74:6  1873.— Chapter  300. 

such  assessments,  shall  be  the  same  as  provided  in  the 

forty-eighth  chapter  of  the  General  Statutes. 

pajTorUonrf        SECTION  4.     The  cltj  of   Somcrville,  in  case  it  shall 

expense  of  main,  clralu  into  Said  Alewifc  Brook  as  aforesaid,  shall  pay  a 

charge  of  sew-    just  aud  propcr  proportiou  with  the  city  of  Cambridge,  of 

brook.'°"^  *  ^  all  such  expenses  as  may  be  deemed  necessary  by  the  city 

of  Cambridge  to  secure  and  maintain  a  proper  discharge 

through  Ale  wife  Brook,  of  all  sewage  entering  therein ; 

and  in  case  said  cities  cannot  agree,  such  proportion  shall 

be  determined  by  the  county  commissioners  of  the  county 

of  Middlesex,  upon  the  petition  of  either  city. 

In  case  the  city  of  Somerville  shall  neglect  or  refuse  to 

comply  with  any  order,  decision  or  decree  of  said  county 

commissioners,  for  thirty  days  after  the  same  is  made,  all 

rights  of  the  city  of  Somerville  under  this  act  shall  cease. 

Cambridge  may      SECTION  5.     lu  casc  the  city  of  Somervillc  shall  drain 

acting  tide-gates  iuto  Alcwifc  Brook  as  aforcsald,  the  city  of  Cambridge  may 

brook.    ^         construct  and  maintain  self-acting  tide-gates,  across  said 

Ale  wife  Brook,  near  to  Broadway  in  the  city  of  Somerville, 

and  the  city  of  Somerville  shall  pay  such  portion  of  the 

expense  of  constructing  and  maintaining  such  tide-gates, 

as  the  county  commissioners  of  the  county  of  Middlesex 

shall  determine,  in  the  manner  provided  in  the  preceding 

section ;  and  with  the  same  penalty  as  therein  provided 

for  neglect  or  refusal  to  comply  with  their  order,  decision 

or  decree,  for  thirty  days  after  the  same  is  made. 

Somerville  not  SECTION    6.       Xothiuo;  COUtaiucd  iu  this   act  shall  author- 

to  assess  land  in    .  •  T         •  i  P    O  •!!         J  ^  -I      ' 

Cambridge.       vze  ov  cmpowcr  Said  City  01  Somerville  to  assess  land  in 
said  city  of  Cambridge. 

Section  7.     The  provisions  of  this  act  shall  be  subject 

to  amendment  or  repeal  at  the  pleasure  of  the  legislature. 

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

Approved  May  20,  1873. 

f~ij      qnrv   An  Act  to  authorize  the  county   coMnnssiONERs   of  dukes 

Kyll.      0\J\J.  COUNTY  TO  BORROW  MONEY. 

Be  it  enacted,  &c.,  as  follo^os : 
^.^J'^o'^Ty  Section  1.     The     county    commissioners    of    Dukes 

$5,000  on  the  i         •        t  i  t  /-       i 

credit  of  the      Couuty  are  authorized  to  borrow,  on  the  credit  of  the 
coun  J.  county,  for  the  purpose  of  erecting  a  new  jail,  the  sum  of 

five  thousand  dollars  in  addition  to  the  sum  allowed  for 
the  same  purpose  in  an  act  of  this  legislature,  entitled  an 
act  to  authorize  the  county  commissioners  of  Dukes 
County  to  erect  a  new  jail. 

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

Approved  May  20,  1873. 


1873.— Chaptees  301,  302,  303.  747 

An  Act  to  confirm  certain  acts  done  by  kobert  yose,  junior,  Q-f^^    2»0\. 

AS   CORONOR. 

Be  it  enacted,  &c.,  as  follows  : 

All  acts  done  Iw  Robert  Vose,  junior,  of  Boston,  as  a  Acts  confirmed 

.   ,   .  J  ^  ,  ,  />   o     /y  11       1      i  J.1        and  made  valid. 

corouor  within  and  for  the  county  of  bulioik:,  between  the 
fourth  day  of  February  in  the  year  eighteen  hundred  and 
seventy,  and  the  thirty-first  day  of  December  in  the  year 
eighteen  hundred  and  seventy-two,  are  hereby  made  valid 
and  confirmed  to  the  same  extent  as  though  he  had  Ijeen 
during  that  interval  duly  qualified  to  discharge  the  duties 
of  said  office.  Approved  May  20,  1873. 

An  Act  to  confirm  certain  acts  done  by  david  b.  kimball  as  (JJi^    302. 
A  justice  of  the  peace.  *         *" 

Be  it  etiacted,  &c.,  as  follows  : 

Section  1.  All  acts  done  by  David  B.  Kimball,  as  a  Act^confirmed 
justice  of  the  peace,  within  and  for  the  county  of  Essex,  ^  ^'^  ''""' 
between  the  thirteenth  day  of  February  and  the  twenty- 
second  day  of  April,  in  the  year  eighteen  hundred  and 
seventy-three,  are  made  valid  and  confirmed  to  the  same 
extent  as  though  he  had  been,  during  that  time,  qualified 
to  discharge  the  duties  of  said  office. 

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

Ai^proved  May  20,  1873. 

An   Act   to    unite    the    city    of   boston   and   the   town   of  QJ.      303. 

brighton. 
Be  it  enacted,  tfcc,  asfolloivs: 

Section  1.     All  the   territory   now   comprised   within  Brighton  to  be 
the   limits    of   the   town    of  Brighton    in   the    county    of  Toirand  to  he-^' 
Middlesex,   with  the  inhabitants   and    estates  therein^  is  suffoikOounty. 
annexed  to  and  made  part  of  the  city  of  Boston,  in  the 
county  of  Suffolk,  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  immunities  in  all  respects  as  the  said  city  of  Boston  ; 
provided,  hoicever,  that  until  constitutionally  and  legally  Election  of 
changed,    said    territory   shall    continue   to   be,    for    the  "glTianirr, 
purpose  of  electing  members  of  the  house  of  representa-  member°ofTon- 
tives,   part  of  the    county  of  Middlesex,    constituting   a  ^''^^*- 
portion  of  the  tenth  representative  district  thereof;    for 
the   purpose    of    electing   a    senator,    part    of    the    third 
Middlesex  senatorial  district ;  for  the  purpose  af  electing 
a  councillor,  part  of  the  third  council  district ;  and  for  the 
purpose  of  electing   a   representative   m  congress,    said 

35 


citj-  of  BoBtoa. 


748  1873.— Chapter  303. 

territory  shall  continue  to  be  part  of  congressional  district 
number  eight,  as  the  same  is  now  constituted. 

All  the  duties  now  required  by  law  to  be  performed  by 
the  selectmen  and  town  clerk  of  said  town,  or  either  of 
them,  pertaining  to  the  election  of  representatives  in 
congress,  state  councillors,  senators  and  members  of  the 
house  of  representatives,  shall  in  like  manner  devolve 
upon  and  be  performed  by  the  board  of  aldermen  and  city 
clerk  of  said  city. 

It  shall  be  the  duty  of  the  ward  officers  of  the  ward, 
erected  out  of  said  territory  as  hereinafter  provided,  to 
make  to  the  city  clerk  of  said  city,  a  return  of  all  votes 
that  may  be  cast  therein,  from  time  to  time,  for  representa- 
tives in  congress,  state  councillors,  senators,  members  of 
the  house  of  representatives,  and  for  all  other  national, 
state,  district,  county,  municipal  and  ward  officers. 
pnbiic  property      SECTION  2.     All  the  pul)lic  property  of  said  town  shall 

of   Brighton    to  .  t     •         -t       ■,  -i  -T  t  n't 

be  vestc-i  in  the  bc  vcstcd  lu  aud  IS  declared  to  be  the  property  of  said 
city ;  and  said  city  shall  succeed  to  all  the  rights,  claims, 
causes  of  action,  rights  to  uncollected  taxes,  liens,  uses, 
trusts,  duties,  privileges  and  immunities  of  said  town. 
TreamroT  of  Tlic  towu  ti'easurer  of  the  said  town,  on  or  before  the 
liver  money  ;iad  secoud  Mouday  of  Jauuary,  ill  the  year  eighteen  hundred 
to  treasurer  of  aud  sevcnty-foiir,  under  the  direction  of  the  selectmen  of 
Boston.  g^i^  town,  who  shall  for  this  purpose,  and  for  all  other 

purposes  necessary  to  carry  into  full  effect  the  provisions 
of  this  act,  continue  to  hold  their  offices,  shall  transfer, 
deliver,  pay  over  and  account  for  to  the  city  treasurer  of 
the  said  city,  all  books,  papers,  moneys  and  other  prop- 
erty in  his  possession  as  town  treasurer  of  said  town  when 
this  act  takes  effect ;  and  the  said  city  shall  become  liable 
for  and  subject  to  all  the  debts,  obligations,  duties, 
responsibilities  and  liabilities  of  said  town.  All  actions 
and  causes  of  action  which  may  be  pending,  or  which  shall 
have  accrued  at  the  time  this  act  takes  effect,  in  behalf  of 
or  against  said  town,  shall  survive,  aud  may  be  prosecuted 
to  final  judgment  and  execution  in  behalf  of  or  against 
said  city. 
Jurisdiction  of        Sectiox  3-     The  scvcral  courts  within  the  county  of 

courtB  in  Suffolk   ^~,,,  .,  ..,  ,/•  i  .1 

and  Middlesex  bufioik,  cxccpt  the  municipal  court  tor  the  southern 
district  of  the  city  of  Boston,  after  this  act  takes  effect, 
shall  have  the  same  jurisdiction  over  all  causes  of  action 
and  proceedings  in  civil  causes,  and  over  all  matters  in 
probate  and  insolveusy^  which  shall  have  accrued  within 


Counties. 


1873.— Chapter  303.  749 

said  ten-itory  hereby  annexed,  that  said  courts  now  have 
over  like  actions,  proceedings  and  matters  within  the 
county  of  Suffolk:  provided,  that  the  several  courts 
within  the  county  of  ISliddlesex  shall  have  and  retain 
jurisdiction  of  all  actions,  proceedings  and  matters  that 
shall  have  been  rightfully  commenced  in  said  courts  prior 
to  the  time  when  this  act  takes  effect ;  and  the  supreme 
judicial  court  and  the  superior  court  within  the  county  of 
Suffolk,  after  this  act  takes  effect,  shall  have  the  same 
jurisdiction  of  all  crimes,  offences  and  misdemeanors  that 
shall  have  been  committed  within  the  said  territory,  that 
the  supreme  judicial  court  and  superior  court  within  the 
county  of  Middlesex  now  have  :  but  if  before  this  act 
takes  effect,  proceedings  shall  have  been  commenced  in 
any  of  the  courts  within  the  county  of  Middlesex,  for  the 
prosecution  of  said  crimes,  offences  and  misdemeanors  ; 
the  said  courts  within  the  county  of  ]Middlesex  shall  have 
and  retain  jurisdiction  of  the  same  for  the  full,  complete 
and  final  disposition  thereof.  All  suits,  actions,  proceed- 
ings, complaints  and  prosecutions,  and  all  matters  of 
probate  and  insolvency  which  shall  be  pending  within  said 
territory,  before  any  court  or  justice  of  the  peace,  when 
this  act  takes  effect,  shall  be  heard  and  determined  as 
though  this  act  had  not  passed. 

Section  4.     Said   territorv   shall    be    added    to,    and  Territory  under 

,  ."-  .  .       .     -, .        juriediction  of 

constitute  a  part  or  the  judicial  district  under  the  jurisdic-  municipal  court 
tion  of  the  municipal  court  of  the  city  of  Boston.     Said  °    °* '^' 
court  shall  have  the  same  civil  and  criminal  jurisdiction  in 
said  territory  as  it  now  has  b}^  law  in  its  district  as  it  now 
exists. 

Section  5.  The  said  territory  shall  constitute  a  ward  to  constitute 
of  the  city  of  Boston,  to  be  called  ward  nineteen,  and  ward  of  Boston. 
shall  so  remain  until  the  alteration  of  the  ward  limits  of 
the  city  of  Boston,  provided  b}^  law.  And  the  ward  so 
established  shall  be  entitled  to  all  the  municipal  and  ward 
officers  to  which  each  of  the  other  wards  of  said  city  is 
entitled  except  as  hereinafter  provided. 

Section  6.  If  this  act  shall  be  accepted  as  hereinafter  Meeting  for  eiec- 
provided,  said  territory'  shall,  after  the  fourth  day  of  offi"e°rs^'*'^ 
November,  in  the  year  eighteen  hundred  and  seventy- 
three,  constitute  a  ward  of  said  city,  to  be  called  ward 
nineteen,  for  all  the  purposes  mentioned  in  this  section 
and  in  section  seven  of  this  act.  And  the  board  of 
aldermen  of  said  city  shall,   in  due  season,    issue  their 


750 


1873.— Chapter  303. 


School  commit- 
tee. 


Citizens  may 
vote  for  muni- 
cipal officers  of 
Boston  in  the 
year  1873. 


Members  of  the 
common  coun- 
cil. 


Police  officers 
and  firemen  to 
continue  in  dis- 
charge of  their 
duties. 


warrant  for  a  meeting  of  the  legal  voters  of  said  ward,  to 
be  held  on  the  second  Monday  of  December,  in  the  year 
eighteen  hundred  and  seventy-three,  at  some  place  within 
said  ward,  which  shall  be  designated  in  said  warrant, 
there  first  to  choose  a  warden,  clerk  and  five  inspectors  of 
elections  for  said  ward,  who  shall  hold  their  offices  until 
the  first  Monday  of  January,  in  the  year  eighteen  hundred 
and  seventy-four,  and  until  others  shall  be  chosen  and 
qualified  in  their  stead ;  second,  to  give  in  their  ballots 
for  the  several  municipal  and  ward  officers  for  the  year 
eighteen  hundred  and  seventy-four  for  which  they  shall  be 
entitled  to  vote  by  virtue  of  the  provisions  of  this  act. 

The  voters  of  said  ward  shall  designate,  by  their 
ballots  cast  at  said  meeting,  the  term  of  service  for  which 
each  of  the  three  school  committee  men,  who  shall  be 
chosen  in  said  ward,  shall  serve,  so  that  one  of  the 
number  so  chosen  shall  serve  for  three  years,  one  for  two 
years,  and  one  for  one  year.  The  board  of  aldermen  of 
said  city  shall  prepare  lists  of  all  the  legal  voters  in  said 
ward,  to  be  used  at  said  meeting,  and  shall  do  all  other 
things  which  they  are  now  by  law  required  to  do  in 
respect  to  like  elections  in  other  wards  of  said  city ;  and 
at  said  meeting,  any  legal  voter  of  said  ward  may  call  the 
citizens  to  order,  and  preside  until  a  warden  is  chosen  and 
qualified.  All  ward  officers  w^hose  election  is  provided 
for  in  the  preceding  section,  shall  be  qualified  according 
to  law.  The  citizens  of  said  territory  shall  have  the  same 
right  to  vote  for  municipal  officers,  at  the  annual  muni- 
cipal election  in  said  city,  in  the  year  eighteen  hundred 
and  seventy-three,  as  they  would  have  had  if  said  territory 
had  formed  part  of  said  city  for  more  than  six  months 
next  before  said  election. 

Section  7.  After  the  present  municipal  year,  the 
board  of  aldermen  of  the  city  of  Boston  shall  consist  of 
twelve  members,  and  in  addition  to  the  number  of 
members  of  the  common  council  otherwise  to  be  provided 
for  by  law,  the  territory  hereby  annexed  shall  be  entitled 
to  elect  two  members  to  said  council. 

Section  8.  The  several  police  officers,  watchmen, 
fire  engineers  and  firemen  in  office  in  said  town  when  this 
act  shall  take  effect,  shall  thereafter  continue  in  the  dis- 
charge of  their  respective  duties,  in  the  same  manner  as  if 
they  were  police  officers,  watchmen,  fire  engineers  and 
firemen  of  the  city  of  Boston,  until  others  are  appointed 
in  their  stead. 


1873.— Chapter  303.  751 

Section  9.     All  the  interest  which  said  town  now  has  J^^*;';f„'^^^ty°'Je- 
in   the   public  property  of  the   county  of  Middlesex   is  Ujased  to  md- 
released   and    acquitted    to    said    county    of    Middlesex. 
Such  portion  of  the  debts  and  obligations  of  the  county  ^"oponloJ'of 
of  Middlesex,  existinof  when  this  act  takes  full  effect,  over  debts  of  Middle- 

',  '^,,      ,  ,11  •  j_  •!   sex  County. 

.  and  above  the  value  of  all  the  property  belongnig  to  said 
county  as  should  proportionally  and  equitably  be  paid  by 
the  inhabitants  and  property  owners  of  said  territory  by 
this  act  annexed  to  said  city,  shall  be  paid  by  said  city  to 
said  county  of  Middlesex;  and  the  supreme  judicial 
court  shall  have  jurisdiction  in  equity  to  determine  the 
amount,  if  any,  and  enforce  the  payment  of  the  same 
upon  a  suit  in  equity,  in  the  name  of  said  county,  to  be 
brought  therefor  within  six  months  after  this  act  goes  into 
full  operation,  by  the  county  commissioners  of  said  county 
of  Middlesex,  if  they  deem  such  suit  for  the  interest  of 
said  county ;  but  no  such  suit  shall  be  instituted  after  said 
six  months. 

Nothing  contained  in  this  act  shall  impair  the  obligation  obligation  of 

J,  ,       ^,  1     .1  ,  1     •     1      1  'J.       J.  c  •  ^    contracts  not  to 

01  contracts ;  and  the  property  and  inhabitants  oi  said  be  impaired. 
territory  shall  continue  liable  to  the  existing  creditors  of 
the  county  of  Middlesex,  in  like  manner  as  if  this  act  had 
not  been  passed  ;  provided,  that  if  any  person,  by  reason 
of  his  being  an  inhabitant  of,  or  owning  property  in,  said 
territory,  shall  be  compelled  to  pay  any  part  of  an  exist- 
ing debt  or  obligation  of  the  county  of  ISIiddlesex,  the 
amount  of  such  payment  shall  constitute  a  debt  to  him 
from  said  county,  as  hereafter  to  be  constituted,  exclusive 
of  said  territory,  and  may  be  recovered  in  like  manner  as 
other  debts  against  the  county  of  Middlesex. 

Section  10.     This  act  shall  not  take  full  effect  unless  subject  to  ac 
accepted  by  a  majority  of  the  legal  voters  of  the  city  of  voter^of  Boston 
Boston  present  and  voting  thereon  by  ballot,  at  meetings  ■''"*^  Brighton. 
which  shall  be  held  in  the  several  wards  of  said  city,  and 
also  by  a  majority  of  the  legal  voters   of   the  town   of 
Brighton  present  and  voting  thereon,  by  ballot,  at  a  meet- 
ing which  shall  be  held  in  said  town.     All  said  meetings  Meetings  to  be 
shall   be   held   simultaneously   on   the    first    Tuesday    of  Tueg^fay  of*' 
October  of  the  present  year,  and  upon  notice  thereof  duly  October. 
given  at  least  seven  daj'-s  before  the  time  of  said  meetings, 
and  the  polls  shall  be  opened  at  nine  o'clock  in  the  fore- 
noon of  said  day,  and  shall  be  closed  at  six  o'clock  in 
the   afternoon.      In   case    of    the    absence    of    any   ward 
officer   at   any  ward  meeting   in   said  city,  held  for  the 


752 


1873.— Chapter  303. 


Result  of  bal- 
loting to  be 
recorded  and 
returned. 


Returns  to  be 
made   to   the 
secretary  of  the 
Commonwealth. 


Secretary  to 
publish  cer- 
tificate if  result 


purpose  aforesaid,  or  of  any  of  the  selectmen,  or  of  the 
town  clerk  at  any  meeting  in  said  town  held  for  said 
purpose,  a  like  officer  may  be  chosen,  j9?'0  tempore,  by 
hand  vote,  and  shall  be  duly  qualified,  and  shall  have  all 
the  powers,  and  be  subject  to  all  the  duties  of  the  regular 
officer  at  said  meetings.  Said  ballots  shall  be  "yes"  or 
"no"  in  answer  to  the  question,  "Shall  an  act  passed  by 
the  legislature  of  this  Commonwealth  in  the  year  eighteen 
hundred  and  seventy-three,  entitled  'An  Act  to  unite  the 
city  of  Boston  and  the  town  of  Brighton,'  be  accepted?" 
Such  meeting  in  said  town  shall  be  called,  notified  and 
warned  by  the  selectmen  of  said  town  in  the  same  manner 
in  which  meetings  for  the  election  of  town  officers  in  said 
town  are  called,  notified  and  warned ;  and  such  meeting 
in  the  city  of  Boston  shall  be  called,  notified  and  warned 
by  the  board  of  aldermen  of  said  city  in  the  same  manner 
in  which  meetings  for  the  election  of  municipal  officers 
in  said  city  are  called,  notified  and  warned. 

The  ballots  shall  be  assorted,  counted  and  declared  in 
the  ward  meetings  in  which  they  are  given  in  the  city* 
of  Boston,  in  open  ward  meeting,  and  shall  be  registered 
in  the  ward  records ;  and  in  the  town  of  Brighton  the 
ballots  shall  be  assorted,  counted  and  declared  in  open 
town  meeting,  and  shall  be  recorded  upon  the  records  of 
the  town.  The  clerk  of  each  ward  in  the  city  of  Boston 
shall  make  return  of  all  ballots  in  favor  of  the  acceptance 
of  this  act,  and  the  number  of  ballots  against  said  accept- 
ance, to  the  board  of  aldermen  of  said  city ;  said  returns 
to  be  made  within  forty-eight  hours  of  the  close  of  the 
polls. 

It  shall  be  the  duty  of  the  board  of  aldermen  of  said 
city  to  certify  as  soon  as  may  be  the  number  of  Imllots 
cast  in  said  city,  and  the  number  of  ballots  cast  in  favor  of 
the  acceptance  of  this  act,  and  the  number  of  ballots  cast 
against  said  acceptance,  to  the  secretary  of  the  Common- 
wealth. 

The  selectmen  and  the  town  clerk  of  the  town  of  Brighton 
shall,  as  soon  as  may  be,  make  a  like  return  of  the 
ballots  cast  in  said  town,  and  the  number  of  ballots  cast 
in  favor  of  acceptance  of  this  act,  and  the  number  of 
ballots  cast  against  said  acceptance,  to  the  secretary  of  the 
Commonwealth . 

And  if  it  shall  appear  that  a  majority  of  the  votes  cast 
in  said  city,  and  a  majority  of  the  votes  cast  in  said  town. 


1873.— Chapter  304.  758 

respectively,  are  in  ftivor  of  the  acceptance  of  this  act,  '^J^J^l°l''^ 
the  said  secretary  shall  immediately  issue  and  publish  his 
certificate  declaring  this  act  to  have  been  duly  accepted. 

Section  11.     So  much  of  this  act  as  authorizes  and  Take  effect  on 
directs  the  submission  of  the  question  of  acceptance  of '*«  P^««"g«- 
this  act  to  the  legal  voters   of  said  city  and  said  town, 
respectively  provided  for  in  the  tenth  section  of  this  act, 
shall  take  efiect  upon  its  passage. 

Section  12.  If  this  act  shall  be  accepted  as  herein  wiientotake 
provided,  it  shall  take  effect  on  the  twelfth  day  of  Novem-  c'Jted!^  ^'" 
ber,  in  the  year  eighteen  hundred  and  seventy-three,  so 
far  as  to  authorize,  legalize  and  carry  into  effect  the  acts 
and  provisions  of  the  sixth  and  seventh  sections  of  this 
act;  but  for  all  other  purposes,  except  as  mentioned  in 
section  eleven  of  this  act,  it  shall  take  effect  on  the  first 
Monday  of  January,  in  the  year  eighteen  hundred  and 
seventy-four.  Ajjproved  May  21, 1873. 

An  Act  for  the  abatement  of  a  nuisance  in  the  cities  of  cam-  rjj^^    304. 

BRIDGE    AND    SOMERVILLE,  AND    FOR    THE    PRESERVATION    OF    THE 
PUBLIC  HEALTH  IN  SAID  CITIES. 

Be  it  eiiacted,  &c.,  asfolloius  : 

Section  1 .     The  boards  of  mayor  and  aldermen  of  the  Fiats  and  chan- 
cities    of  Cambridge    and    Somerville    respectively,    may  "raeTeti  t™ be 
order  the  owners  of  the  channel,  flats  and  basins  of  Miller's  purpos"^of  abat- 
River  in  said  cities,  situated  and  lying  east  of  Prospect '"^ '^  ""'^^"'^''• 
Street  in   said  Somerville,  and   south-west  of  the  Boston 
and  Lowell  Railroad,  and  within  their  respective  limits, 
except  so  much  thereof  as  lies  westerly  and  southerly  of 
the   easterly  and  northerly  lines  of  John  P.   Squire  and 
Company's   buildings,   prolonged,    respectively,  to    Gore 
Street  and  to  lands  of  the  Boston  and  Albany  Railroad 
Corporation,  which  lines  and  prolongations  thereof  shall 
be  at  all  times  substantially  and  securely  bulkheaded  by 
the   said  John  P.    Squire  and  Company,  their  heirs  and 
assigns,  owners  of  said  premises,  to  fill  up  their  channel, 
flats  and  basins  with  good  earth  or  other  suitable  material 
to  a  grade   not  less  than  thirteen  feet  above  mean  low 
water,  in  order  to  secure  a  complete  drainage  thereof,  the 
abatement  of  the  present  nuisance  and  the  preservation  of 
the  public  health  of  said  cities. 

Section  2.     Such  orders  shall  be  made  in  writing  and  orders  to  be 
served  upon  such  owners  or  occupants  or  their  authorized  ^Jd  Lrved  upof 
agents  in  the  maimer  prescribed  in  section  nine  of  chapter  °^°^'"*- 
twenty-six  of  the  General  Statutes  for  the  service  of  orders 
of  boards  of  health. 


754  1873.— Chapter  304. 

norwrnpij^with      Section  3.     If  any  owner  of  the  territory,  or  any  part 
onur,  city  may  tlicreof,  clescribed  in  the  first  section  of  this  act,  fails  to 

fill  up  the  ter-  .'  i.i  ^  -i         n         ^  i 

ritory.  DegHi  to  comply  With  any  such  order  for  three  months,  or 

fails  diligently  after  such  beginning  to  proceed  to  comply 
with  such  order,  or  fails  to  comply  fidly  with  any  such 
order  for  one  year  after  such  service  thereof,  the  board  of 
mayor  and  aldermen  of  the  city  wherein  the  same  is  situ- 
ated, may  fill  up  the  said  territory,  or  any  part  thereof, 
with  good  earth  or  other  suitable  material,  to  the  grade 
established  as  provided  in  the  first  section  and  specified  in 

Expense  of  fill-   the  ordcr,  and  all  necessary  expenses  incurred  thereby 

upon  the  land,  shall  coustitutc  a  licu  upon  the  said  territory  and  the  land 
made  by  said  filling,  and  a  lien  upon  all  buildings  upon 
such  lands,  which  may  be  enforced  and  collected,  and 
the  city  collectors  may  respectively  purchase  such  land 
or  land  and  buildings  in  behalf  of  their  respective  cities, 
as  is  provided  by  law  for  the  collection  of  taxes  upon 
real  estate,  and  in  case  of  land  sold  for  taxes. 

Parties  dissatis-      SECTION  4.     Auv  pcrsou  entitled  to  any  estate  in  any 

fied  with  assess-  n     ^  •^  •  I'lini  ^n     t  -i  i 

ment  of  expense  part  01  the  Said  teiTitoiy,  which  shall  be  so  filled  by  the 
majappy  °*"  *  j^^y^j,  g^j-^^|  aldcrmeii,  who  shall  be  dissatisfied  with  the 
assessment  of  the  expense  of  filling  the  same  and  raising 
the  grade  thereof  as  aforesaid,  may  within  three  months 
after  receiving  notice  of  such  assessment,  make  complaint 
to  the  county  commissioners  of  the  county  of  Middlesex. 
Said  commissioners  shall  thereupon  order  a  jury,  who 
may  revise  such  assessment,  and  the  proceedings  shall  b^ 
carried  on  in  the  manner  prescribed  in_ chapter  forty-three 
of  the  General  Statutes,  in  cases  where  persons  are 
aggrieved  by  the  assessment  of  damages,  by  the  select- 
men. If  the  assessment  is  reduced  the  legal  charges 
arising  on  such  complaint  shall  be  paid  by  the  city,  other- 
wise by  the  complainant. 
Owner  may  sur-       SECTION   5.     Iiistcad    of  making   such    complaiut   any 

render  his  estate  ihit  •    n     i        •^        ^ 

to  the  city.  pci'sou  Avlio  sliall  be  dissatisficd  With  the  assessment  upon 
him  of  the  expense  of  filling  the  said  territory,  or  any  part 
of  the  same,  and  raising  the  grade  thereof,  as  aforesaid, 
may  give  notice  to  the  mayor  and  aldermen  of  the  city 
wherein  the  same  is  situated,  within  sixty  days  after  he 
receives  notice  of  such  assessment,  that  he  objects  to  the 
same  and  elects  to  surrender  his  estate  to  said  city ;  and 
such  owner  shall  thereupon  convey  the  estate  to  said  city. 

If  owner  and         Section  6.     If  any  pei'soii,  whose  estate  is  conveyed 

city  agree  upon  -,,  "^      ^.  ,  ■,       ,  .  , 

price,  the  uudcr  tlic  preceding  section,  agrees  with  the  city  upon  the 


1873.— Chapter  304.  755 

value  thereof,  excluding  the  benefit  or  advantage  which  amount  to  be 

has  accrued  from  the  filling  or  raising  of  the  grade  of  said  ^^    ^^  wi  . 

estate,  and  of  said  territory,  the  same  shall  be  forthwith 

paid  to  him  by  the  city.     If  any  person  shall  not  so  agree,  if  they  disagree, 

he  may  at  any  time  within  three  months  from  the  delivery  fe"mme°d  by  a 

of  the  deed,  conveying  such  estate  to  the  city,  apply  to  J'^''^' 

the  county  commissioners,  as  provided  in  section  four  of 

this  act,  for  a  jury  to  determine  the  value  of  said  estate, 

excluding   the   benefit  or   advantage   which   has    accrued 

from  the  filling  or  raising  of  the  gi'ade  of  said  estate,  and 

the  proceedings  shall  be  as  provided  in  said  section.     The 

amount  awarded  by  the  jury  shall  be  paid  by  the  city,  and 

if  the  amount  is  increased  above  the  sum  before  offered  by 

the  city,  all  legal  charges  arising  on  such  application  shall 

be  paid  by  the  city,  otherwise  by  the  applicant. 

Section  7.     Said  cities  may  lay  or  permit  to  be  laid.  May  lay railway 

J       ■,      .  "^         "^  I  ^  .  .  '   tracks  through 

railway  tracks  through  their  several  streets  and  maintain  the  streets. 
or  permit  them  to  be  maintained  so  long  as  necessary  for 
transporting  earth  and  other  material  to  fill  up  the  terri- 
tory as  herein  provided. 

Section  8.     All  filling  and  grading  done   under   this  Fining  to  be 
act   shall   be    done   within   five   years   from  the  passage  eve  years. 
hereof. 

Section  9.  Said  boards  of  mayor  and  aldermen  shall,  coScTed!^^ 
within  the  limits  of  their  respective  cities,  construct  such 
sewers  in  the  territory  set  forth  in  section  one  of  this  act, 
as  they  shall  deem  the  public  health  and  convenience 
require,  and  also  a  main  sewer,  which  shall  be  built 
through,  near,  to,  or  for  the  drainage  of  the  territory 
described  in  section  one  of  this  act,  and  which  shall  dis- 
charge all  drainage  and  sewage  of  the  said  territory  by 
Bridge  Street  in  Cambridge  to  a  point  in  Charles  River  at 
or  near  to  Cragie  Bridge :  provided,  hoivever,  that  so  Proviso. 
much  of  such  main  sewer  as  lies  between  the  Grand  Junc- 
tion Railroad  and  Bridge  Street  Bridge  shall  not  be  con- 
structed more  than  forty  feet  from  the  line  of  Milk  Street. 

Section  10.     No  sewer  shall  be  constructed  or  main- outlet  of  sewer, 
tained  by  either  of  said  cities  having  its  outfall  at  any 
point  in  Miller's  River,  above  the  outlet  of  Prison  Point 
Bay. 

Section  11.     Said  main  sewers  shall  be  the  common  Main  sewers  to 
property  of  both  said  cities,  to  be  used  by  them  in  com-  p^open^of 
m"on,  without  restriction  in  any  manner  or  degree  upon  ^*^^""^^" 
each  other,  and  shall  be  located  and  constructed  within 
36  * 


756 


1873.— Chapter  304. 


Expenses  to  be 
apportioned  by 
commissioners 
appointed  by 
e.  J.  C. 


Commissioners 
to  be  sworn,  and 
to  make  their 
award  to  the 
B.  J.  C. 


such  time  and  in  such  manner  as  the  commissioners  men- 
tioned in  section  twelve  of  this  act  shall  direct. 

Section  12.  Said  cities  shall  pay  all  expenses  of  con- 
structing and  maintaining  said  main  sewers,  and  all 
expenses  of  the  commission  in  this  section  provided  for, 
in  such  proportions  as  shall  be  determined  by  a  commis- 
sion to  consist  of  three  persons,  who  shall  be  appointed 
by  the  supreme  judicial  court,  sitting  as  a  full  court  in 
any  county,  at  any  time  after  the  passage  of  this  act,  upon 
the  petition  of  the  mayor  of  either  of  said  cities,  or  of  any 
person  interested  in  the  construction  of  the  sewer  men- 
tioned in  section  nine  of  this  act,  after  such  notice  as  the 
court  or  any  justice  thereof  may  order  :  j)^^ovidecl,  however, 
that  either  of  said  cities  shall  have  the  same  right  of 
assessing  a  proportional  part  of  any  expenses  paid  by  it 
for  constructing  said  sewers,  upon  any  persons,  excepting 
the  owners  of  that  portion  of  the  territory  described  in 
the  first  section  of  this  act  which  lies  between  the  Grand 
Junction  and  Lowell  Railroads,  receiving  benefit  thereby 
for  draining  their  lands  in  such  city  or  otherwise,  as  it 
now  has  for  constructing  other  main  drains  or  common 
sewers  in  such  city. 

Section  13.  Said  commissioners  shall  be  sworn  to 
the  faithful  and  impartial  discharge  of  their  duties,  and 
shall  then,  after  due  notice  and  hearing  in  such  manner 
and  amount  as  they  shall  deem  just  and  equitable,  appor- 
tion and  assess  upon  said  cities  all  expenses  mentioned  in 
and  incurred  under  the  preceding  section,  and  shall  deter- 
mine what  territory  in  each  of  said  cities  is  benefited  by 
the  construction  of  each  of  said  main  sewers,  and  what 
proportion  of  the  cost  thereof  assessed  by  them  on  either 
of  said  cities  may  be  assessed  by  such  city  on  the  territory 
benefited  within  its  limits.  They  shall  return  their  award 
into  the  supreme  judicial  court,  sitting  either  for  the 
county  of  Middlesex  or  Suffolk,  and  when  said  award  has 
been  accepted  by  said  court,  the  same  shall  be  a  final  and 
conclusive  adjudication  of  all  matters  herein  referred  to 
said  commissioners,  and  shall  be  binding  upon  all  parties, 
and  said  court  may  enforce  the  same  by  proper  process. 

Section  14.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  23, 1873. 


1873.— Chapters  305,  306,  307,  308.  757 

An  Act  in  relation  to  the  increase  of  capital  stock  by  street  (Jj^^    305. 

railway  corporations. 
Be  it  enacted,  &c.,  as  follows : 

The  provisions  of  chapter  three  hundred  and  ninety-two  AddUionai8U)ck 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-one,  tion  in  principal 
shall  apply  to  street  railway  corporations,  except  that  the  plTaUon Ts"  lo^" 
additional  shares  of  stock  issued  shall  be  sold  at  public  '''''^'^• 
auction  in  the  principal  town  or  city  in  which  such  street 
railway  corporation  is  located,  and  the  notice  of  the  time 
and  place  of  such  sale  shall  be  j^ublished  in  one  or  more 
newspapers  in  such  town  or  city,  or,  if  none  are  there 
published,  in  the  town  or  city  nearest  the  same. 

Approved  May  23,  1873. 

An  Act  to  authorize  towns  and  cities  to  appropriate  money  r^i      oa^j 

TOWARD  defraying  THE  EXPENSES  OF  MAINTAINING  LIBRARIES.  OUU. 

Be  it  enacted,  &G.,  as  follows : 

Any  city  or  town  may  appropriate  and  pay  such  sum  Towns  may  ap- 
annually  as  it  may  see  fit,  toward  defraying  the  expenses  fo7  frle^^r^-^^ 
of  maintaining  any  library  within   such   city  or  town  to  ^^'^^' 
which  the  inhabitants  are  allowed  free  access  for  the  pur- 
pose of  using  the  same  on  the  premises. 

Approved  May  23,  1873. 
An  Act  to  confirm  the  doings  of  the  town  of  hubbardston  nj.      307 

IN   changing  THE   NUMBER   OF  SCHOOL    DISTRICTS   IN    SAID   TOWN,  ' 

AND   FOR   OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  acts  and  proceedings  of  the  inhabit-  Proceedings 
ants  of  the  town  of  Hubbardston  in  changing  the  number  firlJfed!  '^'"^  '^°'^ 
of  school  districts  in  said  town  from  thirteen  to  nine,  and 
in  establishing  the  limits  of  said  nine  school  districts,  and 
in  disposing  of  the  school-house  property  in  said  town, 
and  the  acts  and  proceedings  of  each  of  said  nine  school 
districts  in  raising  and  expending  money,  and  in  disposing 
of,  erecting  and  furnishing  school-houses,  are  ratified  and 
confirmed. 

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

Apiproved  May  23,  1873. 

An  Act  in  relation  to  empanelling  juries  in  capital  cases,  rij.      oqq 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     When  a  jury  is  to  be  empanelled  for  the  jurors  in  capital 
trial  of  a  capital  case,  the  clerk  of  the  court  shall  cause  sSedb^ot 
the  name  of  each  juror  summoned  therein  to  be  written  on  ^^^^^^^^^^^ 
a  separate  paper,  and  each  paper  to  be  folded  uniformly  ■^o'^ed. 
and  in  such  a  manner  that  the  name  written  thereon  shall 


758  1873.— Chapters  309,  310,  311. 

not  be  visible,  and  shall  cause  such  papers  to  be  placed  in 
a  box  provided  for  that  purpose.  He  shall  than  proceed 
in  open  court  to  draw  the  papers  from  said  box,  one  by 
one,  and  the  first  twelve  persons  whose  names  are  upon 
the  papers  so  drawn,  who  are  not  excused  or  otherwise  set 
aside,  shall  be  sworn  as  the  jury  for  the  trial  of  the  case. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aiiproved  May  23,  1873. 

CJl.      309.  ^  ^^^  '^^   ^^^   '^^^   SALARY   OF    THE   CLERK    OF    THE    COURTS    FOR 

THE   COUNTY   OF    HAMPSHIRE. 

Be  it  enacted,  &c.,  as  folloivs : 
ISoo  a^year?*  ^hc  clcrk  of  the  courts  for  the  county  of  Hampshire 
may,  from  and  after  the  first  day  of  January  last,  retain 
for  his  annual  salary,  out  of  the  fees  for  which  he  is  to 
account,  the  sum  of  sixteen  hundred  dollars,  instead  of 
twelve  hundred  dollars  as  now  provided  by  law. 

Approved  May  23,  1873. 

riT      o-|A   An  Act  to  provide  for  the  attendance  of  constables   at 

^  sessions   of   THE   MUNICIPAL   COURT   OF   THE   CITY   OF   BOSTON. 

Be  it  enacted,  <&c.,  as  folloivs : 
ftabkfs *fOT  °at         Section  1.     The  justices  of  the  municipal  court  of  the 
tending  muni-    city  of  Bostou  shall  designate  constables  of  said  city,  not 
at  $1,800  a  year,  moi'e  tliau  six,  to  attend  the  sessions  of  said  court  for  the 
transaction    of    criminal    business,    and    to    serve    such 
warrants,  precepts,  orders    and   processes  issuing   there- 
from as  shall  be  committed  to  them  by  said  justices  or 
either  of  them ;    and  said  constables  shall   each   receive 
from   the  treasury  of  said   city  a  salary  at   the   rate    of 
eighteen  hundred  dollars  a  year,  to  be  paid  in  monthly 
instalments. 

Section  2.     This  act  shall  take  eflfect  on  its  passage. 

Approved  May  23,  1873. 

Oh        ^1  1      ^     ^^^     ^^     AUTHORIZE     THE     TO%VN     OF      WRENTHAM     TO     RAISE 
0/6.      DLL.        jioNEY   BY   TAXATION   FOR   THE   PURPOSE   OF    CELEBRATING   ITS   BI- 
CENTENNIAL ANTflVERSARY. 

Be  it  enacted,  &c.,  as  follows: 

Mayraisemoney         SECTION    1.       The    toWU    of   WrClltham,    UpOU    SO    VOtinOf 

by  tax  or  other-  '        i  o 

wise.  at  a  legal  town  meeting  duly  called  for  the  purpose,  may 

raise  by  tax,  loan  or  otherwise,  a  sum  of  money  not 
exceeding  one-tenth  of  one  per  centum  of  its  assessed 
valuation,  and  appropriate  the  same  for  the  celebration  of 
the  coming  bi-centennial  anniversary  of  the  incorporation 
of  said  town. 

Section  2.     This  act  shall  take  efi*ect  upon  its  passage. 

Approved  May  23,  1873. 


1873.— Chapter  312.  759 

An  Act  concerning  commercial  fertilizers.  (JJi^    312. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Every   commercial    fertilizer    offered   for  commercial  fer- 
sale  within  this  Commonwealth  shall  be  accompanied  by  foS.^'to^b^'lc. 
an  analysis  stating  the  percentage  therein  of  nitrogen,  of  annary^i"^'^ 
anhydrous  potassium  oxide,  or  its  equivalent  of  potassium, 
in  any  form  or  combination  soluble  in  distilled  water,  and 
of  phosphoric  oxide  or  anhydrous  phosphoric  acid,  in  any 
form   or   combination,    soluble   in    a   neutral    solution   of 
citrate  of   ammonia  at  a  temperature  not  exceeding  one 
hundred   degrees    Fahrenheit.     The  percentage  of  phos- 
phoric oxide  not  soluble  as  above,  shall  also  be  stated  in 
said  analysis  together  with  the  material  from  which  it  is 
obtained :   provided,  that   no    analysis   shall  be  required  pto^so- 
for  packages    of    fertilizers   which   are    sold,    offered   or 
exposed  for  sale  at  a  less  rate  than  fifteen  dollars  per  ton, 
or   which   contain   none    of    the    above    constituents.     A 
copy   of   the   analysis   required    shall    accompany   every 
parcel  sold,  offered  or  exposed  for  sale. 

Section  2.     Any  person  selling,  offering  or  exposing  Penalty  for  of. 
for   sale  any  commercial   fertilizer   without   the   analysis  wkw^anri.^ 
required   by   the    first   section    of  this    act,    or   with   an  ^■*'*- 
analysis  stating  that  said  fertilizer  contains  a  larger  per- 
centage of  any  one  or  more  of  the  constituents  mentioned 
in  said  section  than  is  contained  therein,  shall  forfeit  fifty 
dollars  for  the  first  offence,  and  one  hundred  dollars  for 
each  subsequent  oflence. 

Section  3.     The   chemist  of  the  state  board  of  agri-  The  chemist  of 
culture  shall  be  ex   officio  a  member  of  said  board  and  r'c'uume^o Ve^" 
state  inspector  of  fertilizers.     It  shall  be  the  duty  of  said  llii^lrs?"^  °^  ^"" 
inspector  to  analyze  one  or  more  specimens  of  every  kind 
of  commercial  fertilizer  coming  within  the  provisions  of 
this  act  which  maybe  offered  for  sale  within  this  Common- 
wealth, and  of  which  he  shall  be  informed ;   and  for  this 
purpose  he  is  authorized  to  take  from  any  package  or 
packages  of  said  fertilizers  which  may  be  in  the  possession 
of  any  dealer  a  sample  not  exceeding  one  pound  in  weight. 
He  shall  report  annually  to  the  board  of  agriculture  the 
results  of  his  inspection,  and  furnish  to  the  secretary  of 
said  1)oard  such  important  information  in  regard  to  com- 
mercial fertilizers  as  he  may  from  time  to  time  obtain. 

Section  4.     The  fee  of  the  state  inspector  of  fertilizers  Fee  of  $15  for 
shall  be  fifteen  dollars  for  each  analysis  made  by  him  or  ^*°  analysis. 
under   his  direction,    to    be    paid   by  the   person   whose 
sample  is  analyzed. 


760 


1873.— Chaptek  313. 


Inspector  to  no-       Section  5.     It  sliall  be  the  duty  of  the  said  inspector, 
er  and  secretary  upoii  ascertaining  any  violation  of  this  act,  to  forthwith 
Ltio^a^oftiiiJlct.  inform  the  manufacturer  and  the  secretary  of  the   state 
board  of  agriculture  in  writing  thereof.     And  it  shall  be 
the  duty  of  said  secretary  to  immediately  institute  pro- 
ceedings against  all  parties  violating  this  act. 

Section  6.     Chapter  sixty-three  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-nine  is  repealed. 

Section  7.     This  act  shall  take  effect  on  the  first  day 
of  October  next.  Approved  May  26,  1873. 


Repeal  of  1869, 
63. 


To  take  effect 
Oct.  1,  1873. 


Persons  to  be 
enrolled. 


Assessors  to 
prepare  lists, 
.ind  clerks  to 
make  returns. 


Ch.      313.  ^^  ■^^'^  CONCERNING  THE  MILITIA. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  Every  able-bodied  male  citizen,  resident 
within  this  state,  of  the  age  of  eighteen  years,  and  under 
the  age  of  forty-five  years,  excepting  persons  exempted 
by  the  following  sections,  idiots,  lunatics,  common  drunk- 
ards, vagabonds,  paupers,  and  persons  convicted  of  any 
infamous  crime,  shall  be  enrolled  in  the  militia.  Persons 
60  convicted  after  enrolment  shall  forthwith  be  disen- 
rolled ;  and  in  all  cases  of  doubt  respecting  the  age  of  a 
person  enrolled,  the  burden  of  proof  shall  be  upon  him. 

Section  2.  Assessors  shall  annually  in  May  or  June 
make  a  list  of  persons  living  within  their  respective  limits 
liable  to  enrolment,  and  place  a  certified  copy  thereof  in 
the  hands  of  the  clerks  of  their  respective  cities  and  tow^ns, 
"who  shall  place  it  on  file  with  the  records  of  such  city  or 
town,  and  annually  in  May,  June  or  July,  transmit  returns 
of  the  militia  thus  enrolled  to  the  adjutant-general. 

Section  3.  Keepers  of  taverns  or  boarding-houses, 
and  masters  and  mistresses  of  dwelling-houses,  shall,  upon 
application  of  the  assessors  within  whose  bounds  their 
houses  are  situated,  or  of  persons  acting  under  them,  give 
information  of  the  names  of  persons  residing  in  their 
houses  liable  to  enrolment  or  to  do  military  duty ;  and 
every  such  person  shall,  upon  like  application,  give  his 
name  and  age ;  and  if  such  keeper,  master,  mistress  or 
person  refuses  to  give  such  information,  or  give  false  in- 
formation, such  keeper,  master  or  mistress  shall  forfeit 
and  pay  twenty  dollars,  and  such  person  shall  forfeit  and 
pay  twelve  dollars,  to  be  recovered  on  complaint  of  either 
of  the  assessors. 
Enrolled  militia      Section  4.     The  enrolled  militia  shall  be  subject  to  no 

not  liable  to  ac-  .  .  _  .  .  , , 

tive  duty  except  activc  duty,  Bxccpt  lu  case  01  war,  invasion,  tne  preven- 

in  case  of  war. 


Penalty  for  not 
giving  informa- 
tion to  assessors. 


1873.— Chaptee  313.  761 

tion  of  invasion,  the  suppression  of  riots  and  to  aid  civil 
officers  in  the  execution  of  the  laws  of  the  Commonwealth  ; 
in  which  cases  the  commander-in-chief  shall  order  out  for 
actual  service,  by  draft  or  otherwise,  as  many  of  the 
militia  as  necessity  demands. 

Section  5.  The  order  of  the  commander-in-chief  may  Draft  from  the 
be  directed  to  the  mayor  and  aldermen  of  cities,  or  to  the  °^'''^*'^" 
selectmen  of  towns,  who  shall  thereupon  appoint  a  time 
and  place  of  parade  for  the  militia,  in  their  city  or  town, 
and  order  them  to  appear  at  the  time  and  place,  either  by 
leaving  a  written  notice,  or  orally,  and  then  and  there 
proceed  to  draft  as  many  thereof,  or  accept  as  many  vol- 
unteers, as  is  required  by  the  order  of  the  commander-in- 
chief;  and  shall  forthwith  notify  the  commander-in-chief 
that  the}^  have  performed  such  duty. 

Section  6.     Every  soldier  ordered  out,  or  who  volun-  Penalty  on  soi. 
teers  or  is  detached  or  drafted,  under  the  provisions  of  petdng^oTnot^' 
section  thirteen  of  this  act,  who  does  not  appear  at  the  gtuute^'"^**"^" 
time  and  place  designated  by  the  mayor  and  aldermen  or 
selectmen,  or  who  has  not  some  able-bodied  and  proper 
substitute,  at  such  time  and  place,  or  does  not  pay  to  such 
mayor  and  aldermen,  or  selectmen,   for  the    use    of  the 
Commonwealth,  the    sum    of  seventy-five    dollars  within 
twenty-four  hours  from  such  time,  shall  be  taken  to  be  a 
soldier  absent  without  leave,  and  dealt  with  accordingly. 

Section    7.      When   the   militia   are   ordered   out,  or  Muma  in  active 
have  volunteered  for,  and  while  they  are  in  actual  service,  gl^^z'ifd hit^o^ "'" 
as  specified  in  section  four,  they  shall  be  organized  by  the  companies,  &c. 
commander-in-chief,  with  the  advice  of  the  council,  into 
companies,  battalions,  regiments,  brigades  and  divisions, 
which  shall  be  numbered  and   record  thereof  made  in  the 
ofiice  of  the  adjutant-general ;  and  shall  be  officered,  gov- 
erned and  trained  according  to  the  laws  of  this  state  and 
the  United  States ;  and  the  state  shall  furnish  arms  and  ^tatctofumish 

J      r  1  •      •  T      /T»  T  •        ,         arms  and  equip- 

equipments  tor  each  non-commissioned  officer  and  private,  ments. 
and  pay  them  until  their  term  of  service  expires ;  and 
when  troops  are  in  the  field  for  such  purposes,  the  senior 
officer  ot  the  troops  present  shall  command,  until  the  com- 
mander-in-chief or  some  officer  detailed  by  him  takes 
command.  Each  commissioned  officer  shall  provide  him- 
self with  suitable  side-arms. 

Section  8.     When   the    commander-in-chief  deems  it  Towns  may  be 
necessary,  he  shall  require  cities  and  towns  to  provide,  in  vWeammunr*'" 
some  suitable  place  therein,  sixty-four  pounds  of  powder,  tetue".'^  *'*°'P" 


762  1873.— Chaptee  313. 

one  hundred  pounds  of  musket  and  rifle  bcalls,  and  also 
three  copper,  iron  or  tin  camp-kettles  for  every  sixty-four 
soldiers  enrolled  in  said  town,  and  the  same  proportion 
for  a  greater  or  less  number,  and  to  keep  the  same  until 
such  requirement  is  revoked.  Every  place  neglecting  to 
comply  with  such  requisition  shall  forfeit  and  pay  not  less 
than  twenty  nor  more  than  five  hundred  dollars. 
rdftomlu''Snt  Section  9.  In  addition  to  the  persons  exempted  from 
taryduty.  enrolment  in  the  militia  by  the  laws  of  the  United  States, 
the  persons  hereinafter  mentioned  shall  also  be  absolutely 
exempted  from  enrolment,  viz.  :  justices  and  clerks  of 
courts  of  record ;  registers  of  probate  and  insolvency ; 
registers  of  deeds  and  sherifls  ;  ofiicers  who  have  held  or 
may  hold  commissions  in  the  regular  or  ■vT)lunteer  army 
or  navy  of  the  United  States  ;  officers  who  have  held,  for 
a  period  of  five  years,  commissions  in  the  militia  of  this  or 
any  other  state  of  the  United  States,  or  who  have  been 
superseded  and  discharged,  or  who  held  commissions  in 
any  corps  at  the  time  of  its  disbandment ;  stafi"  ofiicers 
heretofore  exempted,  and  whose  offices  shall  become 
vacant  by  the  provisions  of  section  forty-six ;  ministers  of 
the  gospel ;  practising  physicians ;  the  superintendents, 
officers  and  assistants  emploj'ed  in  or  about  either  of  the 
state  hospitals,  state  almshouses,  state  prison,  jails,  or 
houses  of  correction;  keepers  of  light-houses,  telegraphic 
operators,  and  conductors  and  engine-drivers  of  railroad 
trains,  and  seamen  actually  employed  on  board  of  any 
vessel,  or  who  have  been  so  employed  within  three  months 
next  preceding  the  time  of  enrolment. 
Quakexs Tnd^  Sectiox  10.  Evcry  person  of  either  of  the  religious 
Shakers.  denominations  of  Quakers   or  Shakers,  Avho  on  or  before 

the  first  Tuesday  in  May,  annually,  produces  to  the 
assessors  of  the  city  or  town  in  which  he  resides,  a  certifi- 
.  cate,  signed  by  two  or  more  of  the  elders  or  overseers  (as 
the  case  may  be,)  and  countersigned  by  the  clerk  of  the 
society  with  which  he  meets  for  public  religious  worship, 
shall  be  exempted  from  enrolment.  The  certificate  shall 
be  in  form  as  follows  : — 

We,  the  subscribers,  of  the  society  of  people   called  in  the 

•  town  of  ,  in  the  county  of  ,  do  hereby  certify  that 

is  a  member  of  our  society,  and  that  he  frequently  and  usually 
attends  religious  worshii^  with  said  society,  and  we  believe  he  is  con- 
scientiously scrupulous  of  bearing  arms. 

T^    -p    p,    1  A.  B.  5  Elders  or  overseers 

a..  J?.,  weiK.  C,  D.  ^  (as  the  case  may  be). 


1873.— Chapter  313.  763 

Section  11.     Enginemen,  or  members  of  the  fire  de-  Exemption  of 

,  .    .  'j^  A  1     11    !_  i.     ^    L'  •!•     members  of  the 

partment  in  a  city  or  town,  shall  be  exempted  ironi  mill-  are  department. 
tary  duty  by  forthwith  filing  with  the  assessors  of  the  city 
or  town  in  which  tliey  reside,  a  certificate  that  they  are 
enginemen  or  members  of  the  fire  department  as  aforesaid, 
signed  by  the  mayor  and  aldermen  of  such  city,  or  the 
selectmen  of  such  town  ;  but  when  a  member  of  a  volun- 
teer company  is,  after  his  enlistment,  appointed  an  engine- 
man  or  member  of  the  tire  department,  it  shall  not  vacate 
his  enlistment. 

Section  12.  Every  non-commissioned  officer  or  pri-  Exemption  of 
vate  having  bodily  infirmity,  may  be  exempted  from  bodily  infirmity. 
military  duty,  if  he  obtains  from  the  surgeon  or  assistant- 
surgeon  of  the  regiment,  battalion  or  detached  company 
to  which  he  belongs  (or,  if  there  are  no  such  officers  com- 
missioned in  such  regiment,  battalion  or  company,  then 
from  some  respectable  physician  living  within  the  bounds 
of  the  same),  a  certificate  that  he  is  unable  to  do  military 
duty,  on  account  of  bodily  infirmity,  the  nature  of  which 
shall  be  described  in  such  certificate  ;  and  the  captain  or 
commanding  officer  of  his  company  may  on  the  back  of 
the  certificate,  discharge  the  non-commissioned  officer  or 
private  named  therein,  from  performing  military  duty,  for 
a  term  of  time  which  he  judges  reasonable,  not  exceeding 
one  year ;  which  certificate,  when  countersigned  by  the 
colonel  or  commanding  officer  of  said  regiment,  battalion 
or  company,  shall,  for  the  time  specified,  exempt  him 
from  military  duty,  except  attendance  at  the  election  of 
officers.  If  such  non-commissioned  officer  or  private, 
having  obtained  such  certificate,  is  refused  a  discharge, 
he  may  apply  to  the  commanding  officer  of  the  brigade, 
who  may  discharge  him  from  military  duty  for  such  time, 
not  exceeding  one  year,  as  he  judges  reasonable,  by  en- 
dorsing the  same  upon  the  surgeon's  certificate. 

All  the  preceding  sections  apply  only  to  the  enrolled 
militia. 

Section  13.     The  active  militia  shall  be  composed  of  Active  miiitia  to 
volunteers;  and  in  case  of  w^ar,  invasion,  the  prevention  tee"r8fand'[o'be" 
of  invasion,  the  suppression  of  riots,  and  to  aid  civil  offi-  sJrvicf"'^ '"'° 
cers  in  the  execution  of  the  laws  of  the  Commonwealth, 
shall  first  be  ordered  into  service. 

Section  14.     The  number   of  companies  of  the   vol-  Number  of  com. 
unteer  militia   shall  be  one   hundred    of  infantry,  to    be  ^^°''''" 
reduced  as  herein  provided,  two  of  cadets,  six  of  cavalry 
37 


764 


1873.— Chapter  313. 


Present  com- 
panies to  reor- 
ganize. 


Infantry  com- 
panics  to  be  re- 
duced to  eighty. 


Whole  force  not 
to  exceed  5,000. 


Members  of 
company  to  sign 
an  enlistment 
roll. 


Election  of  offi- 
cers. 


and  five  of  light  artillery,  and  shall  be  apportioned  among 
the  counties  according  to  population.  The  volunteer 
companies,  however,  now  organized,  shall  be  retained : 
provided,  they  shall  reorganize  under  the  provisions  of 
this  act :  and  provided,  that  no  county  in  the  Common- 
wealth shall,  by  reason  thereof,  be  deprived  of  the  right 
and  privilege  of  enlisting  and  organizing  its  proportion  of 
the  volunteer  force  under  the  piovisions  of  this  act.  And 
the  commander-in-chief  shall  have  full  power  and  au- 
thority, at  any  time  hereafter,  to  disband  any  company  or 
companies  now  organized,  whenever,  in  his  judgment,  it 
shall  be  necessary  or  expedient,  in  order  to  give  to  each 
county  its  just  proportion  of  the  organized  militia. 

The  number  of  companies  of  infantry  shall  be  reduced 
gradually  to  eighty  by  disbandment  for  any  cause  pro- 
vided in  this  act,  but  no  company  shall  be  disbanded 
without  such  cause  existing. 

The  maximum  number  of  commissioned  officers,  non- 
commissioned officers,  musicians,  farriers,  artificers,  wag- 
oners and  privates  of  said  companies  of  cavalry  and  light 
artillery  respectively,  and  the  number  and  rank  of  the 
officers  and  non-commissioned  officers  of  said  companies 
of  infantry,  shall  be  the  same  as  that  now  or  hereafter 
established  by  the  war  department,  or  the  congress  of  the 
United  States,  for  the  arms  of  the  sei*vice  to  which  such 
companies  severally  belong.  The  maximum  number  of 
commissioned  officers,  non-commissioned  officers,  musi- 
cians and  privates  of  said  companies  of  infantry  shall  be 
sixty-four,  and  the  minimum  number  forty-eight  except  as 
provided  in  the  next  section. 

Petitions  for  organizing  volunteer  companies  may  be 
granted  by  the  commander-in-chief.  No  new  company, 
however,  shall  be  organized  if  thereby  the  whole  force 
shall  exceed  five  thousand  officers  and  men.  When  a 
county  does  not  raise  its  quota,  the  commander-in-chief 
may  grant  petitions  to  complete  the  prescribed  number  in 
other  counties. 

Section  15.  "Whenever  a  volunteer  company  is 
formed,  the  members  thereof  shall  sign  an  enlistment  roll 
issued  from  the  office  of  the  adjutant-general ;  but  no 
election  of  officers  shall  be  ordered  in  a  company  here- 
after organized,  unless  at  least  fifty  men  have  been  enlisted 
therein.  Upon  the  enlistment  of  that  number,  and  notifi- 
cation given  to  the  commander-in-chief  by  one  or  more 


1873.— Chapter  313,  765 

petitioners  for  the  company,  attested  by  the  mayor  and 
aldermen  or  selectmen,  an  election  of  officers  may  be 
ordered ;  and  if  there  is  no  officer  of  the  volunteer  militia 
conveniently  located  to  preside  at  such  election,  the  com* 
mander-in-chief  may  issue  an  order  for  that  purpose  to 
one  or  more  of  the  selectmen  or  mayor  and  aldermen  of 
the  place  where  a  majority  of  the  petitioners  reside.  And 
after  such  election  has  taken  place,  the  company  shall  be 
attached  to  a  regiment  or  battalion  of  inftmtry,  when  it 
shall  be  mustered  into  the  service  of  the  Commonwealth 
upon  said  rolls,  under  oath,  by  the  mustering  officer  of 
the  regiment  or  battalion ;  and  if  a  company  of  artillery 
or  cavahy,  by  any  mustering  officer  to  be  designated  by 
the  adjutant-general.  Companies  now  in  the  service  shall  j^^^^vrd^to^^r 
at  once  reorganize  under  the  provisions  of  this  act,  by  organize  and  be 
their  members  signing  proper  enlistment  rolls  and  being 
mustered  into  the  service  of  the  Commonwealth,  but  such 
companies  need  not  hold  new  elections  of  officers  upon 
reorganization,  the  officers  now  in  commission  beinor  yq- 
tained  unless  discharged  for  some  cause  as  provided  in 
section  forty-four.  Such  companies  not  reorganizing  as 
herein  provided,  on  or  before  the  first  day  of  August, 
eighteen  hundred  and  seventy-three,  shall  be  disbanded 
by  order  of  the  commander-in-chief;  but  for  the  pur- 
poses of  such  reorganization  thirty-five  shall  be  considered 
the  minimum  of  infantry  companies  until  the  first  day 
of  May,  eighteen  hundred  and  seventy-four,  when  the 
minimum  shall  be  as  provided  in  the  preceding  section. 

Section  16.  Non-commissioned  officers  and  privates  Enlisted  men  to 
shall  enlist  and  be  mustered  in  for  a  term  of  three  years,  forThree  y^arl 
and  shall  not  be  discharged  during  that  time  except  as 
provided  in  section  one  hundred  and  fifty.  Muster-in 
rolls  shall  be  made  in  triplicate,  one  of  which  shall  be  re- 
tained at  the  headquarters  of  the  regiment  by  the  muster- 
ing officer,  the  original  shall  be  forwarded  to  the  adjutant- 
general's  office,  within  ten  days  from  any  muster  of  men, 
and  one  roll  shall  be  retained  by  the  company  commander. 

Section  17.     No  officer  or  soldier   shall  be  liable  to  Notiiabieto 
jury  duty  while  in  the  active  militia  service.  jury  duty. 

Section  18.     The  militia,  under  the  command-in-chief  Officers  of  the 
of  the  governor  of  the  Commonwealth,  shall  be  organized 
as  follows  : — The  staff"  of  the    commander-in-chief  shall 
consist  of  an  adjutant-general,  who  shall  be  the  chief  of 
the  staff  with  the  rank  of  major-general,  and  may  be  also 


766 


1873.— Chapter  313. 


the  inspector-general  of  the  militia ;  a  quai-termaster-gen- 

and  judge-advocate-general,    each 


sursfeon-general 


Quartermaster- 
general. 

Commissary- 
general. 

Officers  of  divis- 
ion. 


Officers  of  bri- 
gade. 


Officers  of  regi- 
ment. 


eral, 

with  the  rank  of  brigadier-general ;  and  four  aides-de- 
camp, each  with  the  rank  of  colonel,  and  such  additional 
officers  of  the  general  staff  as  the  public  service  may  re- 
quire, with  such  rank  as  the  commander-in-chief  may 
designate ;  and  if  the  good  of  the  service  demands,  the 
office  of  inspector-general  may  be  separated  from  that  of 
adjutant-general,  but  in  such  case  the  rank  of  the  inspec- 
tor-general shall  be  that  of  brigadier-general. 

In  times  of  peace  the  duties  of  quartermaster-general 
shall  be  performed  by  the  adjutant-general. 

The  quartermaster-general  shall  also  be  chief  of  ord- 
nance and  commissary-general  of  subsistence. 

To  each  division  there  shall  be  one  major-general, 
whose  staff  shall  consist  of  an  assistant-adjutant-general, 
who  shall  also  be  chief  of  staff,  with  the  rank  of  colonel ; 
one  assistant-inspector-general,  with  the  rank  of  lieu- 
tenant-colonel ;  one  medical-director,  who  shall  be  a  sur- 
geon and  shall  have  the  rank  of  colonel ;  one  assistant- 
quartermaster,  with  the  rank  of  lieutenant-colonel ;  two 
aides-de-camp,  one  engineer  of  division,  and  one  judge- 
advocate,  who  shall  be  a  justice  of  the  jDcace,  each  with  the 
rank  of  major. 

To  each  brigade  there  shall  be  one  brigadier-general, 
whose  staff  shall  consist  6f  one  assistant-adjutant-general, 
with  the  rank  of  lieutenant-colonel ;  a  medical  director  of 
brigade,  with  rank  of  lieutenant-colonel ;  one  assistant- 
inspector-general,  who  shall  be  brigade  mustering  officer, 
with  rank  of  major  ;  one  assistant-quartermaster,  one  aide- 
de-camp,  one  engineer  of  brigade,  and  one  judge-advocate, 
who  shall  be  a  justice  of  the  peace,  and  one  provost- 
marshal,  each  with  the  rank  of  captain. 

To  each  regiment  there  shall  be  one  colonel,  one  lieu- 
tenant-colonel, and  one  major;  also  one  adjutant,  one 
regimental  quartermaster,  and  one  regimental  mustering 
officer,  who  shall  be  regimental  paymaster,  each  with  the 
rank  of  first  lieutenant ;  one  regimental  surgeon,  with  the 
rank  of  major ;  one  regimental  chaplain,  to  be  borne  on 
the  field  and  staff-roll  next  after  the  surgeon ;  one  regi- 
mental assistant-surgeon,  with  the  rank  of  first  lieutenant ; 
one  sergeant-major,  one  quartermaster-sergeant,  one  com- 
missary-sergeant, one  hospital  steward,  and  one  drum- 
major. 


1873.— Chaptee  313.  *    767 

The  governor  shall,  if  the  emergency  exists  for  increas- 
ing the  number  of  batteries  of  light  artillery,  organize 
them  into  a  regiment  on  the  basis  of  a  regiment  of  artillery 
of  the  United  States  army. 

To  each  separate  battalion  there  shall  be  one  major;  officers  of  bat 
also  one  adjutant,  and  one  battalion-quartermaster,  and  °"* 
one  battalion  mustering  officer  who  shall  be  battalion  pay- 
master, each  with  the  rank  of  first  lieutenant ;  one  surgeon 
with  the  rank  of  major ;  one  sergeant-major,  one  quarter- 
master-sergeant, and  one  hospital-steward.  The  governor 
may  commission  a  lieutenant-colonel  duly  elected,  in 
addition  to  the  officers  allowed  to  a  separate  battalion. 

Section  twenty-three  of  chapter  two  of  the  General 
Statutes  shall  not  apply  to  any  officer  to  be  appointed 
under  the  provisions  of  this  act. 

To  every  company  there  shall  be  one  clerk.  To  each  officers  of  cadet 
of  the  companies  of  cadets  in  Boston  and  Salem,  there  *'°™p''"'*'*- 
shall  be  one  commanding  officer  with  the  rank  of  lieu- 
tenant-colonel, one  major,  one  surgeon  with  the  rank  of 
major,  one  captain,  who  shall  in  addition  to  his  other 
duties  be  paymaster;  one  adjutant  and  one  quartermaster, 
each  with  the  rank  of  first  lieutenant,  one  sergeant-major, 
one  quartermaster-sergeant,  one  hospital  steward  and  such 
number  of  company  officers  not  exceeding  six  first  lieu- 
tenants and  four  second  lieutenants,  together  with  such 
number  of  non-commissioned  officers,  musicians  and  pri- 
vates, as  the  commander-in-chief  may  from  time  to  time 
deem  expedient  for  instruction  in  the  school  of  the  bat- 
talion. These  companies  of  cadets  shall  be  instructed, 
armed  and  equipped,  and  receive  the  same  compensation 
and  allowances  as  battalions  of  infantry ;  they  may  be 
attached  to  the  same  or  to  separate  divisions,  or  remain 
unattached  as  the  commander-in-chief  shall  direct. 

Companies  of  cavalry  and  artillery  when  attached  to  staff  officers  of 
brigades,  as  provided  in  the  succeeding  section,  shall  be  a°r"andlrtir' 
entitled  to  an   adjutant   and   one  assistant-surgeon  each,  lached  to*!)?!- 
with  the  rank  of  first  lieutenant,  to  be  appointed  by  the  ^'**^*^^- 
commanding  officers  of  said  companies  respectively,  and 
commissioned  by  the   commander-in-chief,    and   to   hold 
their  commissions,  as  other  staff  officers  now  do,  or  until 
the  companies  to  which  they  are  attached  are  organized 
into  battalions  or  regiments  of  the  same   arm ;    and  an 
adjutant  and  assistant-surgeon  so  appointed  and  commis- 
sioned shall  receive  the  same  compensation  as  is  allowed 


768 


1873.— Chapter  313. 


Volunteer  mili- 
tia to  be  ar- 
ranged into  di- 
visions, bri- 
gades, &c.,  and 
numbered. 


Officers  of  the 
line  to  be  elect- 
ed. 
Major-generals. 


Brigadier-gen- 
erals. 


Field  officers. 


Captains  and 
subalterns. 


to  other  officers  of  such  companies ;  such  companies  shall 
also  be  allowed  a  quartermaster-sergeant  and  a  com- 
missary-sergeant, who  shall  be  paid  as  non-commissioned 
staff  officers  of  regiments. 

Section  19.  The  commander-in-chief  may  arrange  the 
volunteer  militia,  when  they  exist  in  sufficient  numbers 
and  are  conveniently  located,  into  divisions,  brigades, 
regiments  and  battalions,  conformably  to  the  laws  of  the 
United  States,  and  make  such  alterations  as  from  time  to 
time  may  be  necessary.  Each  division,  brigade,  regiment 
and  battalion  shall  be  numl)ered  at  the  formation  thereof, 
and  a  record  thereof  made  in  the  office  of  the  adjutant- 
general. 

Companies  of  cavalry  and  artillery  inconveniently 
located  for  such  organization,  may  be  attached  to  such 
brigades  as  the  commander-in-chief  shall  order. 

Companies  attached  to  divisions  or  brigades,  and  not  to 
regiments,  shall,  until  otherwise  organized,  be  subject  to 
the  immediate  orders  of  the  commanders  of  such  divisions 
or  brigades,  who  shall  receive  the  returns  and  orders, 
have  the  authorit}^  and  perform  the  duties,  with  regard  to 
such  companies,  which  are  prescribed  for  the  commanders 
of  regiments,  and  battalions  with  regard  to  their 
companies. 

Section  20.  The  officers  of  the  line  of  the  militia 
shall  be  elected  as  follows : — Major-generals,  by  the 
senate  and  house  of  representatives,  each  having  a 
negative  upon  the  other.  Brigadier-generals,  by  the 
written  votes  of  the  field  officers  of  the  respective 
brigades.  Field  officers  of  regiments  and  battalions,  by 
the  written  votes  of  the  captains  and  subalterns  of  the 
companies  of  the  respective  regiments  or  battalions ; 
captains  and  subalterns  of  companies,  by  the  written 
votes  of  the  non-commissioned  officers  and  privates  of  the 
respective  companies.  But  no  officer,  under  major- 
generals,  so  elected,  shall  be  commissioned  for  a  period 
beyond  thirty  days  till  he  shall  be  approved  by  an 
examining  board  as  provided  in  the  following  section. 
And  any  regimental  commander,  with  the  approval  of  the 
brigade  commander,  may  direct  any  officer  under  him 
already  in  commission,  or  the  commander-in-chief  may 
order  any  officer  below  the  rank  of  major-general,  to 
appear  before  said  board,  and  if  such  officer  cannot  pass 
said  board,  his  commission  shall  be  considered  as  vacated 


1873.— Chapter  313.  769 

on  the  filing  of  the  proper  certificate  of  said  board  with 
the  adjutant-general. 

Section  21.     All  oflicers  elected   as   provided  in  the  officers  elected 
preceding  section,  shall  at  once,  upon  the  receipt  of  the  anexa^^g"""^ 
conditional  commission,  as  therein  provided,  appear  before  ''°^'■•^• 
an  examining   board   to    consist  of    the  judge-advocate- 
general   and  two   persons   well   qualified   as   to   military 
matters,    to    be   designated   by   the   commander-in-chief. 
The  board  shall  examine  the  candidate  for  a  full  com- 
mission as  to  his  military  and  general  qualifications,  and  if 
in  their  opinion  he  is  duly  qualified,   the  fact  shall  be 
properly  certified,  and  he  be  entitled  to  a  full  commission, 
which  shall  be   issued   forthwith   by  his    excellency   the 
governor. 

Section  22.  The  stafi"  officers  of  the  militia  shall  be  staff  officers, 
appointed  in  manner  following : — The  staff  of  the  com- 
mander-in-chief by  the  commander-in-chief;  the  staff  of  a 
major-general  commanding  a  division,  by  the  major- 
general;  the  staff  of  a  brigade  commander  by  the 
brigadier-general  commanding  the  brigade  ;  the  regimental 
staff  by  the  colonel  of  the  regiment ;  the  battalion  staff 
and  the  staff  officers  of  the  cadet  companies  by  their 
respective  commandino;  officers.     No  surgeon  or  assistant-  surgeons  to  fur. 

o  cj  nisii  GviQGncG  oi 

surgeon  shall  be  commissioned  until  he  shall  have  furnished  competency. 
satisfactory  evidence  to  the  commander-in-chief  that  he  is 
competent  to  perform  the  duties  of  his  office. 

Section  23.  The  non-commissioned  staff  shall  be  Non-commis. 
appointed  in  manner  following  : — That  of  a  regiment  by  cera.^*^  **'*^  ° 
the  commander  of  the  regiment ;  that  of  a  battalion 
and  of  the  companies  of  cadets  by  their  respective  com- 
manders. Non-commissioned  officers  of  companies,  by 
the  respective  captains,  who  shall  forthwith  return  the 
same  in  writino^  to  the  commanding;  officer  of  the  regiment 

o  o  o 

or  battalion.  Clerks  by  the  commanding  officers  of  the 
respective  companies. 

Every  non-commissioned  officer's  warrant  shall  be 
given  and  signed  by  the  commanding  officer  of  his  regi- 
ment or  battalion.  Clerks  shall  have  their  appointments 
certified  on  the  back  of  their  warrants  by  the  commanding 
officers  of  their  respective  companies. 

In  case  no  one  will  accept  the  office  of  clerk  of  com- 
pany, the  commanding  officer  of  the  company  may  detail 
a  member  to  act  as  such,  but  not  for  a  period  exceeding 
three  months.  In  such  cases  the  records  shall  be  under 
the  direct  supervision  of  the  commander. 


770 


1873.— Chapter  313. 


Officers  to  take 
rank  according 
to  date  of  com- 
mission. 


When  an  office 

is  vacant,  the 
officer  next  in 
rank  shall  com- 
mand. 


If  a  company  is 
without  officers, 
an  officer  to  be 
detailed  to  com- 
mand it. 


Major-generals 
to  be  notified  of 
their  election. 


Major-generals 
to  order  elec- 
tions to  fill  va- 
cancies. 


Section  24.  Commissioned  officers  shall  take  rank 
according  to  the  date  of  their  commissions.  When  two  of 
the  same  grade  bear  an  even  date,  the  rank  shall  be 
determined  by  lot  drawn  before  the  commander  of  the 
division,  brigade,  regiment,  battalion,  company  or  detach- 
ment. The  day  of  the  appointment  of  an  officer  shall  be 
expressed  in  his  commission,  and  considered  as  the  date 
thereof.  When  he  is  transferred  to  another  corps  or 
station  of  the  same  grade,  the  date  of  the  original 
appointment  shall  be  expressed  and  considered  the  date  of 
his  commission. 

Section  25.  When  the  office  of  major-general,  brig- 
adier-general, colonel,  lieutenant-colonel,  major  or  captain 
is  vacant,  or  such  officer  is  sick  or  absent,  the  officer  next 
in  rank  shall  command  the  division,  brigade,  regiment, 
battalion  or  company,  until  the  vacancy  is  supplied. 

Section  26.  When  a  company  is  first  enrolled,  and  an 
election  of  officers  is  ordered,  if  such  company  neglects  or 
refuses  to  elect  any  officer,  or  the  persons  elected  shall  not 
accept  or  be  commissioned,  or  if  from  any  cause  the 
company  be  without  officers,  the  commander  of  the  regi- 
ment or  battalion  to  which  it  belongs  shall  detail  some 
officer  of  the  staff  or  line  of  the  regiment  to  train  and 
discipline  said  company  imtil  some  officer  is  elected  or 
appointed  by  the  commander-in-chief.  Such  officer  shall 
have  the  same  power,  and  be  subject  to  the  same  liabilities, 
as  if  he  were  cajatain  of  said  company ;  shall  keep  the 
records  of  the  company,  and  prosecute  for  all  fines  and 
forfeitures,  in  like  manner  as  a  company  commander 
might  do ;  and  all  meetings  of  such  company  shall  be 
notified  as  provided  in  section  ninety-one. 

Section  27.  Major-generals  shall  be  notified  of  their 
election  by  the  secretary  of  the  Commonwealth,  and, 
unless  within  thirty  days  after  such  notice  they  signify  to 
the  secretary  their  acceptance  of  office,  shall  be  taken  to 
have  refused  the  same. 

Section  28.  Major-generals  of  division  shall  order 
elections  to  fill  all  vacancies  which  occur  in  their  respective 
divisions,  in  the  office  of  brigadier-general,  field  officer, 
captain  or  subaltern.  Such  elections  shall  be  held  at  the 
place  most  convenient  for  the  majority  of  the  electors,  and 
shall  be  ordered  throughout  each  division  at  least  once  in 
each  year ;  the  elections  of  company  officers  first,  and 
those  of  field  officers  next. 


1873.— Chapter  313.  771 

Section  29.     Electors  shall  be  notified  of  elections  at  Electors  to  have 

•  1        1  A  •      •  1   ''"''"  days'  no- 

least  four  days  previously  thereto.     A  non-commissioned  tice. 

a^  .       ^  •!  1  ^      i*  Penalty  for  ab- 

officer   or   private    unnecessarily   absent    irom    company  sence. 
election,  shall  forfeit  one  dollar,  to  be  recovered  on  com- 
plaint of  the  company  commander,  and  he  shall  also  be 
liable  to  punishment  for  neglect  of  duty. 

Section  30.     Officers  orderinor  elections  may  preside.  Presiding offi- 

/.         •      1  1  1      J  .IT.       cers  at  elections. 

or  detail  some  officers  of  suitable  rank  to  preside,  and  in 
case  no  officer  of  sufficient  rank  resides  within  the  county 
where  such  election  is  to  be  held,  the  chairman  of  the 
selectmen  of  the  town  in  which  such  company  is  organized 
may  preside  at  such  election. 

Section  31.     A  captain  or  staff  officer  of  the  rank  of  ^,^,^P*f JJ  ^^T 
captain,  may  preside  at  the  election  of  an  officer  of  equal  "jgu^ltern'" 
or  inferior  grade  within   the  limits  of  his   regiment  or 
battalion ;  but  no  candidate  for  the  vacancy  shall  preside 
at  the  election,  except  to  adjourn  the  meeting  if  no  proper 
officer  appears  to  preside. 

At  all  elections  such  presiding  officer  shall  keep  a 
record  of  the  proceedings,  and  make  return  thereof  to  the 
commanding  officer  of  the  battalion,  regiment,  brigade  or 
division,  as  may  be  proper.  If  the  company  is  un- 
attached, such  return  shall  be  made  to  the  adjutant- 
general. 

Section  32.  The  person  who  has  a  majority  of  the  officers  to  be 
written  votes  of  the  electors  present  at  a  meeting  duly  JorUy  vot^.*  ™*" 
notified,  shall  be  deemed  elected,  and  the  presiding  officer 
shall  forthwith  notify  him  of  his  election,  and  make 
return  thereof,  or  of  neglect  or  refusal  to  elect,  to  the 
commander  of  the  division.  Every  person  so  elected  and 
notified,  shall  accept,  if  a  brigadier-general  or  field  officer, 
within  ten  days,  or  if  a  company  officer,  within  three 
days ;  otherwise  he  shall  be  taken  to  have  refused.  If 
before  the  meeting  for  the  election  of  any  officer  is 
dissolved,  the  person  chosen  signifies  to  the  presiding 
officer  his  refusal  to  accept,  the  same  shall  be  recorded  and 
make  part  of  the  return,  and  the  electors  shall  proceed  to 
another  election.  Elections  may  be  adjourned,  not 
exceeding  twice,  and  each  adjournment  for  a  period  not 
exceeding  two  days  ;  but  no  election  shall  be  legal  unless 
it  is  notified  in  the  manner  prescribed  in  section  twenty- 
nine,  or  at  any  adjournment  of  a  meeting  so  notified,  not 
exceeding  four  days. 

The  roster  of  the  brigade,  regiment  or  battalion,  or  the 

38 


772 


1873.— Chapter  313. 


Return  of  elec- 
tion to  be  made 
to  the  adjutant- 
general  within 
three  days. 


If  electors  neg- 
lect  to  fill  va- 
cancy,  com- 
mander-in-chief 
may  appoint. 


Company  neg. 
lecting  may  be 
disbanded. 


Acceptance  of 
an  office  to  va- 
cate  any  before 
held. 


Transmission  of 
commissions. 


Upon  non-ac- 
ceptance new 
election  to  be 
ordered. 


Soldier  on  duty 
not  to  be  arrest- 
ed on  civil  pro- 
cess. 


Officers  to  be 
sworn. 


roll  of  the  company,  as  the  case  may  be,  shall  be  pro- 
duced at  such  elections,  by  the  person  having  the  legal 
custody  thereof. 

Section  33.  The  presiding  officer  at  any  election  shall 
make  a  certified  return  of  such  election,  within  three 
days  thereafter,  to  the  adjutant-general,  for  the  informa- 
tion of  the  commander-in-chief. 

Section  34.  When  the  electors  neglect  or  refuse  to 
elect  to  fill  a  vacancy,  the  commander-in-chief  shall 
appoint  a  suitable  person.  The  commanding  officer  of  the 
division  shall  return  all  elections,  and  refusals  or  neglect 
to  elect,  to  the  commander-in-chief,  and  unless  he  is 
notified  by  the  commander  in  chief  of  his  intention  to 
make  an  appointment,  he  may,  if  necessary,  order  a  new 
election. 

Section  35.  If  a  company  is  without  commissioned 
officers,  and,  having  been  twice  ordered  to  fill  vacancies, 
neglects  or  refuses  to  fill  them,  such  company  shall  be 
forthwith  disbanded  by  the  commander-in-chief. 

Section  36.  When  an  officer  holding  a  military  com- 
mission is  elected  or  appointed  to  another  office  in  the 
militia,  and  accepts  the  same,  such  acceptance  shall 
constitute  a  part  of  the  return  of  the  presiding  officer, 
and  shall  vacate  the  office  previously  held,  but  such 
officer  may  continue  to  serve  until  his  successor  is  qualified 
in  his  stead. 

Section  37.  Commissions  shall  be  transmitted  to  the 
commanding  officers  of  divisions,  and  by  them  through 
the  proper  officers,  to  the  officers  elect. 

Section  38.  When  a  person  elected  or  appointed  to 
an  office  refuses  to  accept  his  commission  or  qualify  at  the 
time  of  acceptance,  the  major-general  shall  certify  the 
fact  on  the  back  thereof,  and  return  it  to  the  adjutant- 
general  ;  and  if  the  office  is  elective  a  new  election  shall 
be  ordered. 

Section  39.  No  officer  or  soldier  shall  be  arrested  on 
civil  process  while  going  to,  remaining  at,  or  returning 
from  a  place  where  he  is  ordered  to  attend  for  election  of 
officers  or  military  duty. 

Section  40.  Every  commissioned  officer,  before  he 
enters  on  the  duties  of  his  office  or  exercises  any  com- 
mand, shall  take  and  subscribe  before  a  justice  of  the 
peace,  or  general  or  field  officer  who  has  previously  taken 
and  subscribed  them  himself,  the  following  oaths  and 
declarations  : — 


1873.— Chapter  313.  773 

"I,  A  B,  do  solemnly  swear  that  I  will  bear  true  faith  and  allegi-  Form  of  oath. 
ance  to  the  Commonwealth  of  Massachusetts,  and  will  support  the 
constitution  thereof.     So  help  me,  God." 

"I,  A  B,  do  solemnly  swear  and  aflSrm,  that  I  will  faithfully  and 

impartially  discharge  and  perform  all  the  duties  incumbent  on  me  as 

,  according  to  the  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." 

"  I,  A  B,  do  solemnly  swear  that  I  will  support  the  constitution  of 
the  United  States.     So  help  me,  God." 

And  on  the  back  of  every  commission  the  following 
certificate  shall  be  printed  and  signed  by  the  person  before 
whom  such  officer  is  qualified  ; — 

"  This  may  certify  that  A  B,  commissioned  as  within  on  this  Certificate  of 
day  of  ,  A.  D.  ,  personally  appeared  and  took  qualification. 

and  subscribed  the  oaths  required  by  the  constitution  and  laws  of  this 
Commonwealth  and  a  law  of  the  United  States,  to  qualify  him  to 
discharge  the  duties  of  his  office. 

Before  me,  ." 

Section  41.     Every   clerk   of  a   company,  before   he  cierktobe 
enters  upon  his  duties,  shall  take  the  following  oath  before  '*°"- 
the    commanding   officer   of    the    company   to  which    he 
belongs,  viz.  : — 

"I,  AB,  do  solemnly  swear  that  I  will  faithfully  and  impartially  Form  of  oath. 
perform  all  the  duties  incumbent  on  me,  as  clerk  of  the  company  to 
which  I  belong,  according  to  the  best  of  my  abilities  and  under- 
standing.   So  help  me,  God." 

The  commander  of  sjch  company  shall,  at  the  time  of  Certificate, 
administering  the  oath,  certify  on  the  back  of  the  warrant 
of  the  sergeant  appointed  to  be  clerk  that  he  was  duly 
qualified  by  taking  the  oath  required  by  law. 

Section  42.  When  an  officer  requests  in  writing  his  Discharge  of 
discharge  from  office,  with  the  approval  of  the  com-  own^qSe^t.'^^^ 
manders  of  the  regiment  or  battalion,  brigade  and  division 
to  which  he  belongs,  the  commander-in-chief  may  dis- 
charge him.  If  such  officer  belong  to  an  unattached 
company  he  may  be  discharged  in  the  same  manner  with 
the  approval  of  the  adjutant-general. 

Section  43.     No  commanding  officer  shall  approve  a  Resignations  not 
resignation  under  the  preceding  section,  unless  the  reasons  uniMsTfaToM^ 
for  such  resignation  are  urgent  and  proved  to  his  satisfac-  '"""  satisfactory. 
tion ;  and  the  rolls,  orderly  book,  roster  documents,  and 
all   other   military  property  belonging  to  the   Common- 
wealth in  the  custody  of  the  officer  resigning  shall,  before 


774 


1873.— Chapter  313. 


in-chief  in  cer 
tain  cases, 


his  discharge  is  delivered  to  him,  be  deposited  with  the 
officer  having  a  right  to  the  custody  of  the  same. 

If  an  officer  unreasonably  refuses  to  approve  an  applica- 
tion for  discharge,  and  it  is  so  made  to  appear  to  the 
commanders  above  him,  they  may  approve  the  same,  and 
the  commander-in-chief  may  discharge  the  applicant. 
Officers  may  be  SECTION  44.  No  officcr,  othcr  than  a  staff  officer 
the  commander-  appointed  by  thc  commander-iu-chief,  shall  be  discharged 
by  the  commander-in-chief,  unless  upon  his  own  request, 
except  as  follows  : — When  it  appears  to  the  commander- 
in-chief  that  he  has  become  unable  or  unfit  to  discharge 
the  duties  of  his  office,  or  to  exercise  proper  authority 
over  his  inferior  officers  and  soldiers,  or  that  he  has  been 
convicted  of  an  infamous  crime  ;  when  the  commander  of 
his  brigade  certifies  that  he  has,  either  before  or  after 
receiving  his  commission,  removed  his  residence  out  of 
the  bounds  of  his  command  to  so  great  a  distance  that  in 
the  opinion  of  such  commanding  officer  it  is  inconvenient 
to  exercise  his  command ;  when  such  commander  certifies 
that  he  has  been  absent  from  his  command  more  than  one 
year  without  leave ;  upon  address  of  both  houses  of  the 
legislature  to  the  governor ;  upon  sentence  of  competent 
military  tribunal,  after  trial  according  to  law ;  when  the 
corps  to  which  he  belongs  is  disbanded ;  or  when  it  shall 
appear  that  such  officer  has  heretofore  been  dishonorably 
discharged  from  the  service  of  the  United  States  or  the 
militia  of  this  Commonwealth,  or  fails  to  pass  a  successful 
examination  before  the  board  provided  for  in  section 
twenty-one,  in  which  cases  he  may  be  so  discharged ;  and 
all  staff  officers  may  be  discharged  upon  the  request  in 
writing  of  their  commanding  officers,  by  the  commander- 
in-chief.  Every  officer,  except  when  under  arrest,  shall 
perform  the  duties  of  his  office  until  he  is  discharged. 

Section  45.  When  an  officer  accepts  an  appointment 
in  the  army  or  navy  of  the  United  States,  his  office  shall 
thereby  become  vacant ;  and  if,  after  accepting  such 
appointment,  he  exercises  any  of  the  powers  and  authority 
of  such  office,  he  shall  forfeit  not  exceeding  three  hundred 
dollars. 

Section  46.  The  commissions  of  staff  officers  ap- 
pointed by  any  other  officer  than  the  commander-in-chief 
shall  expire  as  soon  as  the  successor  of  such  appointing 
officer  is  commissioned.  Staff  officers  appointed  by  the 
commander-iu-chief  shall  hold  their  offices  for  one  year 


Discharge  by 
appointment  in 
the  U.  S.  army 
or  navy. 


Tenure  of  office 
of  Btaff  officers. 


1873.— Chapter  313.  775 

and  until  their  successors  are  appointed  and  qualified,  but 
may  be  removed  at  any  time  by  tlie  commander-in-chief. 

Section  47.     Officers   under   arrest   shall   not  resign,  officers  under 
but  shall  be  suspended  from  exercising  the  duties  of  office,  sign. 

Section  48.     A  non-commissioned  officer  or  clerk  of  a  Resignation  of 

.,.>v>j_j.i  T  m  non-commis- 

company  may  resign  his  office  to  the  commanding  officer  sioned  officers. 
of  his  company,  who  may  accept  such  resignation ;  non- 
commissioned officers  of  companies  may  be  reduced  to  the 
ranks  by  the  company  commanders  for  proper  cause,  on 
approval  of  the  commander  of  the  regiment  or  battalion. 

Section  49.     The  commander  of  a  regiment,  battalion  Bands  for  regi. 

..,T  -iii  T    ,      ments,  battal- 

or  unattached  comj)any,  may  raise  by  voluntary  enlist-  ions  and  unat- 
ment,  and  warrant  and  organize,  within  the  limits  of  his  ^'l^^''*^ ''o'"?^- 
commaiid,  to  be  under  his  direction  and  command  at  en- 
campments, or  at  any  parade  ordered  by  the  commander- 
in-chief,  a  baud  of  musicians,  not  to  exceed  eighteen, 
inclusive  of  a  master  and  deputy-master.  The  master, 
and  in  his  absence  the  deputy-master,  shall  teach  and 
command  the  band  and  issue  all  orders  directed  by  such 
commander.  Each  member  of  the  band  shall  keep  him- 
self provided  with  such  uniform  as  may  be  directed  by  the 
commander-in-chief,  and  such  instrument  as  the  com- 
mander of  his  regiment  or  battalion  prescribes,  under 
penalty  for  each  neglect,  or  deficiency,  or  for  misconduct, 
of  dismissal  from  the  band  by  such  commander,  and  of 
not  less  tlian  ten  nor  more  than  twenty  dollars,  to  be 
recovered  on  complaint  by  the  adjutant  or  company  com»- 
mander.  Members  of  bands  need  not  be  mustered  in  as 
provided  for  enlisted  men,  unless  by  special  orders  of  the 
commander-in-chief. 

Section  50.     The  adjutant-general  shall  distribute  all  Adjutant-gener. 
orders   from   the    commander-in-chief;  attend   all   public  aii  orders  from 
reviews  when   the  commander-in-chief  shall   review  the  InXef"'''"'^^''' 
militia,  or  any  part  thereof;  obey  all  orders  from  him 
relative  to  carrying  into  execution  and  perfecting  the  sys- 
tem of  military  discipline  established  by  the  laws  of  the 
state  and  of  the  United  States  ;  furnish  blank  forms  of  the 
different   returns   and   rolls   that   may   be    required,  and 
explain  the  principles  on  which  they  should  be  made  ; 
prescribe  forms  of  oath  for  muster-in  of  men ;  distribute 
all  books  required  to  be  furnished  at  the  public  expense  ; 
receive   from   the   several  officers  of  the  different  corps 
throughout  the  state  returns  of  the  militia  under  their 
command,  reporting  the  actual  condition  of  their  uniforms, 


776  1873.— Chapter  313. 

arms,  accoutrements  and  ammunition,  their  delinquencies 
and  every  other  thing  which   relates  to  the  general  ad- 
vancement of  good  order  and  discipline,  all  of  which  the 
several  officers  of  the  divisions,  brigades  and  regiments 
are  hereby  required  to  make  in  the  usual  manner,  so  that 
the   adjutant-general   may   be   furnished   therewith ;   and 
from  all  said  returns  he   shall  make  proper  abstracts  and 
To  make  an  an-  lay  the  samc  anuually  before  the  commander-in-chief;  and 
the" commander,  lie  shall  anuually,  ou  or   before  the  first  Monday  in  Jan- 
ui-chief.  uary,  make  a  return  in  duplicate  of  the  militia  of  the  state, 

with  the  condition  of  their  uniforms,  arms,  accoutrements 
and  ammunition,  according  to  such  directions  as  he  may 
receive  from  the  secretary  of  war  of  the  United  States, 
one  copy  of  which  he  shall  deliver  to  the  commander-in- 
chief,  and  the  other  of  which  he  shall  transmit  to  the 
president  of  the  United  States. 
Quartermaster.        SECTION   51.     The    quartermastcr-general,    under    the 

CGncral  to  pur-  o  ^ 

chase  and  issue  dlrcctiou  aud  supcrvislou  of  the  commander-in-chief,  shall 

ordnance  stores  i  ■%      •  ii  n  .  ,.11 

and  other  mill-    purchasc    aud   issuc    all    ordnance  stores,  artillery,  arms, 
tary  property.     ^^^  accoutrcmeuts,  clothing,  camp  equipage  and  military 
stores  generally,  except  such  as  are  expressly  directed  by 
law  to   be  purchased  by  other  officers.     He  shall,  under 
the  orders  of  the  commander-in-chief,  procure  and  provide 
means  of  transport  for  the  militia,  and  for  all  its  imple- 
ments, munitions  of  war  and  military  supplies,  and  shall 
To  be  keeper  of  j^g  ^]^g  keeper  of  the  public  magazines  and  of  all  military 
zines,  &c  property  of  the   Commonwealth,  excepting  such  as  is  by 

law  expressly  intrusted  to  the  keeping  of  other  officers. 
To  give  bond-  jje  sliall  givc  boud  to  the  state  in  the  penal  sum  of  twenty 
thousand  dollars,  with  two  sureties  at  least,  to  be  approved 
by  the  governor  and  council,  conditioned  faithfully  to  dis- 
charge the  duties  of  his  office ;  to  use  all  necessary  dili- 
gence and  care  in  the  safe-keeping  of  military  stores  and 
property  of  the  Commonwealth  committed  to  his  custody ; 
to  account  for  the  same,  and  deliver  over  to  his  successor, 
or  to  any  other  person  authorized  to  receive  the  same, 
such  stores  and  property.  And  any  other  officer  to  whom 
any  arms,  equipments,  stores  or  other  property  of  the 
Commonwealth  shall  at  any  time  be  issued,  may  be  re- 
quired to  give  a  bond  to  the  satisfaction  of  the  governor 
and  council,  with  the  like  condition. 
snrgeon.generai      SECTION  52.     The  surgeoii-geueral,  under  the  direction 

to  purchase  and  ..  /«i  -i         •i./>iii 

issue  medical      and  supcrvisiou  of  the  commander-in-chief,  shall  purchase 
*upp  es.  ^^^  issue  all  medical,  surgical  and  hospital  supplies,  and 


1873.— Chapter  313.  777 

perform  all  such  other  duties  appertaining  to  his  office  as 
the  commander-in-chief  shall  from  time  to  time  direct. 

Surgeons  of  brigades,  regiments,  battalions  or  other 
organizations  shall,  after  each  tour  of  duty,  and  within 
ten  daj's  thereof,  report  to  the  surgeon-general,  through 
proper  channels,  of  all  that  pertains  to  their  office  which 
relates  to  such  duty. 

Section  53.     The  adjutant-general,  quartermaster-gen-  Adjutant-gener- 

•,,  1111  J.  r>j^  iali  quartermaB- 

eral  and  surgeon-general  shall  account  as  otten  as  may  be  ter-generai  and 
required  by   the   commander-in-chief,  and  at  least   once  to  rlnTefyeariy 
yearly,  to  the  commander-in-chief,  in  such  manner  as  he  accounts. 
shall  prescribe,  for  all  property  which  shall  have  passed 
through  their  hands,  or  the  hands  of  the  subordinate  offi- 
cers of  their  respective  departments,  or  that  shall  be  in 
their  care  or  possession,  and  for  all  moneys  which  they 
shall  expend  in  discharging  their  respective  duties  ;  and 
they  shall  annually,  in  January,  lay  before  the   auditor 
accounts  with  vouchers  of  their  expenditures  during  the 
previous  year. 

Section    54.     Neither  the   adjutant-general,    quarter-  Adjutant.gener. 
master-general    or    surgeon -general,  nor  any  assistant    of  fntereVted^in'* 
either  of  them,  nor  any  subordinate  officer  of  their  depart-  ck-rfo'/th/ir  de- 
ments, shall  be   concerned,  directly  or  indirectly,  in  the  partmente. 
purchase  or  sale  of  any  article  intended  for,  making  a  part 
of,  or  appertaining  to  their  respective  departments,  ex- 
cept for  and  on  account  of  the  Commonwealth,  nor  shall 
they  or  either  of  them  take  or  supply  to  his  or  their  own 
use  any  gain  or  emolument,  for  negotiating  or  transacting 
any  business  in  their  respective  departments,  other  than 
what  is  or  may  be  allowed  by  law. 

Section  55.     When  the  service  will  permit,  the  com-  Duties  of  quar. 
mander-in-chief  may  require  the  duties  imposed  upon  the  IraTma^Sr. 
quartermaster-general  by  this  act  to  be  performed  by  any  o°™/membe°rof 
member  of  his  staff,  who  shall  in  that  case  give  a  bond  to  ^taflf. 
the  state  in  like   manner  as  is  required  of  the  quarter- 
master-general. 

The  inspector-general,  or  some  assistant  inspector-gen-  Property  in 
eral  detailed  by  the  commander-in-chief,  shall  twice  in  llfbfinJpS^ 
each  year,  and  oftener  if  deemed  necessary,  carefully  in-  ^'^n^'^^i^y- 
spect  all  the  state  property  in  the  possession  of  the  militia. 

Section  56.     All  commissioned  officers  shall  provide  officers  to  pro. 
themselves  with  such  uniforms  and  arms  complete  as  the  wuhumrms** 
commander-in-chief  shall   prescribe,  subject   to   such   re-'"'^^™*- 
strictions,  limitations  and  alterations  as  he  may  order. 


778 


1873.— Chapter  313. 


Companies  to  be 
supplied  with 
uniforms,  &c. 


Uniform  to  be 
prescribed  by 
the  governor 
and  council. 


Uniforms  not  to 
be  issued  until 
those  in  use  are 
condemned. 

Uniforms,  &c., 
continue  to  be 
the  property  of 
the  Common- 
wealth. 


Uniforms  to  be 
turned  over  to 
the  regimental 
quartermaster 
when  company 
is  disbanded. 


Every  officer  shall  hold  his  uniform,  arms  and  accou- 
trements, required  by  law,  free  from  all  suits,  distresses, 
executions  or  sales,  for  debt  or  payment  of  taxes. 

Section  57.  Every  company  of  cavalry,  artillery, 
cadets  and  infantry  duly  organized  under  the  militia  laws 
of  the  Commonwealth,  shall  be  furnished,  at  the  expense 
of  the  Commonwealth,  with  such  uniforms,  arms  and 
equipments  as  are  required  for  the  performance  of  military 
duty  in  the  manner  prescribed  by  the  provisions  of  this 
act,  upon  the  written  requisition  of  the  commanding  offi- 
cer of  such  companies  respectively,  approved  by  the 
regimental  commander. 

Section  58.  Each  arm  of  the  service  shall  be  uni- 
formed by  a  regulation  uniform  to  be  prescribed  by  the 
governor  and  council. 

No  company  now  in  the  service  shall  be  uniformed  as 
herein  provided,  until  it  shall  be  reorganized  on  the  basis 
of  this  act  as  provided  in  section  fifteen,  and  no  uniforms 
shall  be  issued  to  such  companies  till  those  now  in  u.se 
shall  have  been  inspected  and  condemned  by  the  assistant 
inspector-general  and  assistant  quartermaster  of  the  bri- 
gade to  which  such  company  belongs  ;  such  inspection  and 
condemnation  being  subject  to  the  approval  of  the  brigade 
commander  and  of  the  commander-in-chief. 

Section  59.  Uniforms  shall  not  be  issued  hereafter  to 
any  company,  except  new  organizations,  till  those  in  use 
are  condemned  as  provided  in  preceding  section. 

Section  60.  The  uniforms,  arms  and  equipments  so 
furnished  shall  remain  and  continue  to  be  the  property 
of  the  Commonwealth,  to  be  used  for  military  purposes 
only ;  and  such  as  shall  not  have  been  properly  expended 
in  such  use,  shall  be  returned,  when  called  for  by  proper 
authority ;  or  if  the  same  is  wilfully  or  negligently  wasted 
or  destroyed  by  an  officer  or  company,  the  commander-in- 
chief  may,  upon  satisfactory  evidence  to  that  effect,  dis- 
honorably discharge  the  officer  and  disband  the  company. 

Section  61.  Any  militia  company  which  has  been 
uniformed  under  the  provisions  of  chapter  three  hundred 
and  thirty-two  of  the  acts  of  the  year  one  thousand  eight 
hundred  and  sixty-nine,  or  under  this  act,  and  which  shall 
hereafter  be  disbanded,  shall  turn  its  uniforms  over  to  the 
quartermaster  of  the  regiment  to  which  the  disbanded 
company  is  attached ;  such  uniforms  to  be  held  by  the 
quartermaster,  subject  to  the   direction   of  the   quarter- 


\ 


1873.— Chapter  313.  779 

master-general  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  companies  in  the  service 
of  the  state ;  but  if  such  uniforms  are  inspected  and  con- 
demned as  provided  in  section  fifty-eight,  they  may  be 
sold  by  the  quartermaster-general,  and  the  proceeds  paid 
into  the  treasury  of  the  Commonwealth. 

Regiments,  battalions,  or  unattached  companies,  may,  ^^^'^^^^\'^^''-' 
however,  adopt  any  other  uniform  than  that  prescribed  by  otiurumtormat 
the  governor  and  council,  if  they  see  fit,  but  at  their  own  penL? w^th  the 
expense ;  such  uniforms  shall  be  approved  by  a  majority  commrnder-hr 
of  the  commissioned  officers  of  such  organizations  and  by  '^^^^'^• 
the   commander-in-chief,  but  such  uniforms  shall  not  be 
worn  by  troops  on  duty,  by  order  of  the  commander-in- 
chief,  or  at  any  other  time  except  b}^  his  permission. 

Section  62.     Every  commanding  officer  of  a  company,  Bchcduieofaiti. 

,    y .  ,     ~  1    <"1<?*  required  to 

upon  makmg  a  requisition  upon  the  quartermaster-general  be  furnished  by 
or  other  officer  charged  with  the  custody  of  the  military  ingtheTeqursi' 
property  of  the  Commonwealth,   for  the  uniforms,  arms  '^'°"' 
and  equipments  required  for  the  use  of  his  company,  shall 
furnish  to  the  oflicer  upon  whom  the  requisition  is  made,  a 
schedule  of  the  articles  of  military  property  required,  and 
no  such  uniforms,  arms  or  equipments  shall  be   issued  to, 
or  for  the  use   of,  any  company,  unless  the  said  company 
shall  have  at  least  forty-eight  ofiicers,  non-commissioned 
officers  and  privates  actually  belonging  thereto,  and  duly 
enrolled  and  mustered  for  the  performance  of  active  duty. 

Sectiox  63.     Upon    delivery    of  uniforms,    arms    and  ^^^.n^fyCilicer 
equipments,  the   officer  receiving  the  same   shall  receipt  ^p^II!*!^'''^'-'''-^"' 
therefor  in  duplicate  in  manner  following,  to  wit : — 

"  I,  A  B,  (rank)  of  company  ,  of  the  regi- 

ment, brigade,  division  (or  unattached   company,  as 

the  case  may  be),  of  the  militia  of  Massachusetts,  do  hereby  acknowl- 
edge that  I  have  received  of  C.  D.  (adjutant-general,  quartermaster- 
general  or  ordnance  oflScer,  as  the  case  may  be,)  the  several  articles 
of  military  property  set  forth  in  the  schedule  hereto  annexed,  to  be 
used  by  said  company  for  the  perfomiance  of  militan,-  duty  in  con- 
formity with  the  laws  of  this  Commonwealth,  and  for  no  other  pur- 
pose." 

Section    64.      All    arms,    equipments    and    militarv  Military  proper 

/.  T  ..  I'liT,   T/.  iT^V  furnished  by 

property  of  every  description,  which  shall  be  furnished  to  tVie  state  to  be" 
the  several  companies  under  the  provisions  of  tliis  act,  Si^? 
shall  be  deposited  in  the  armories  of  said  companies  re- 

39 


780 


1873.— Chapter  313. 


All  articles  re- 
ceived for  use  to 
be  returned  to 
the  armory 
within  three 
days  after  tour 
of  duty. 


Every  officer 
and  soldier  held 
personally  re- 
sponsible for  ar- 
tides  of  proper- 
ty delivered  to 
them. 


Penalty  for  ■wil- 
fully injuring 
militarj-  proper- 
ty of  the  state. 


Uniforms,  See, 
not  to  be  used 
except  upon  pa- 
rades. 


spectively,  for  safe-keeping,  and  be  used  only  for  the 
performance  of  military  duty  according  to  law. 

Section  65.  It  shall  be  the  duty  of  every  officer,  non- 
commissioned officer  and  soldier,  to  return  to  the  armory 
or  other  place  of  deposit  each  article  of  military  property 
of  the  Commonwealth  issued  to,  and  received  by  him  for 
use  in  the  military  service,  and  not  properly  expended, 
within  three  days  after  such  tour  of  duty,  or  forthwith 
upon  order  of  his  commanding  officer.  And  the  pos- 
session of  any  article  of  such  property  by  the  person  to 
whom  it  was  issued,  not  being  in  the  armory  or  designated 
place  of  deposit,  shall  be  deemed  and  taken  to  he  prima 
facie  evidence  of  embezzlement  of  such  article  of  property 
by  the  person  to  whom  it  was  issued,  and  he  shall  be 
liable  to  be  punished  therefor  upon  conviction,  or  judged 
as  provided  in  section  one  hundred  and  sixty-live. 

Section  GQ.  Every  officer,  non-commissioned  officer 
and  soldier,  to  whom  a  uniform  or  other  article  of  military 
property  shall  be  delivered,  in  pursuance  of  the  provisions 
of  this  act,  shall  be  held  personally  responsible  for  its 
care,  safe-keeping  and  return;  he  shall  use  the  same  for 
military  parades  only,  and  upon  receiving  a  discharge  or 
otherwise  leaving  the  military  service,  or  upon  the  Avritten 
demand  of  his  commanding  officer,  shall  forthwith  sur- 
render and  deliver  up  the  said  uniform,  together  with  all 
other  articles  of  military  property  that  may  be  in  his 
possession,  to  the  said  commanding  officer,  in  as  good 
order  and  condition  as  the  same  were  at  the  time  he  re- 
ceived the  same,  reasonable  use  and  ordinary  wear  thereof 
excepted. 

Section  67.  Whoever  shall  wilfully  or  maliciously 
destroy,  injure  or  deface  any  uniform  or  other  article  of 
military  property  belonging  to  the  Commonwealth,  or 
shall  retain  any  properly  in  violation  of  the  provisions  of 
the  preceding  section,  shall  be  punished  by  a  line  not  ex- 
ceeding double  the  amount  of  the  value  of  such  uniform 
or  other  property  so  injured,  destroyed,  defaced  or  re- 
tained, to  be  recovered  on  complaint  of  the  commander  of 
the  company  to  which  such  delinquent  belongs,  as  pro- 
vided in  section  one  hundred  and  sixty-five  ;  and  he  shall 
be  imprisoned  in  the  house  of  correction  until  such  fine  is 
paid,  or  until  he  shall  be  discharged  therefrom  by  process 
of  law. 

Section  68.  AVhoever  uses  or  wears,  except  upon 
public  parades  or  by  special  permission  of  his  command- 


1873.— Chapter  313.  '       781 

ing  oflScer,  any  uniform  or  other  article  of  military  prop- 
erty, belonging  to  the  Commonwealth,  shall  be  punished  Penalty. 
by  a  tine  not  exceeding  twenty  dollars  for  every  such 
offence,  to  be  recovered  in  manner  referred  to  in  the  pre- 
ceding section. 

Section  G9.  Any  officer  receiving  public  property  for  officer  not  to  be 
military  use,  shall  be  accountable  for  the  articles  so  re-  charged  nntii he 
ceived  by  him,  and  shall  not  be  honorably  discharged  fora^iiSie^ 
from  the  service  until  he  has  returned  to  the  adjutant-  received  by  him, 
general  a  receipt  from  his  successor  in  command,  or  a 
proper  accounting  officer,  for  the  articles  issued  to  him,  in 
good  order  and  condition,  reasonable  use  and  wear  thereof 
excepted,  or  shown  to  the  adjutant-general  by  satisfactory 
proof,  tiiat  any  article  not  so  accounted  has  been  properly 
expended  in  the  service,  or  defaced,  injured,  lost  or  de- 
stroyed, without  any  default  or  neglect  on  his  part ;  and 
if  lost,  or  wilfully  defaced  or  destroyed  through  the  mis- 
conduct of  any  person,  that  reasonable  efforts  have  been 
made  by  him  to  recover  or  prosecute  for  the  same.  And 
in  addition  he  shall  be  liable  to  make  good  to  the  Com- 
monwealth all  such  property  so  defaced,  injured,  destroyed 
or  lost  by  any  neglect  or  defiiult  on  his  part,  and  for  the 
recovery  of  which  he  has  made  no  reasonable  effort,  to  be 
recovered  in  an  action  of  tort,  to  be  instituted  by  the 
judge-advocate  of  his  division,  by  order  of  the  adjutant- 
general,  in  the  name  of  the  Commonwealth. 

Section  70.     Whenever   any  corns    or  detachment  of  camp  equipage 

,  .....  ,  ,.  I.''  ^         -.     ,  ,    .  ,,        ftiid  ammunition 

the  militia  is  ordorec  to  perform  any  duty  requu-mg  the  to  he  furnished 
use  thereof,  the  quartermaster-general  shall  deliver  to  the  ^^  estate. 
commanding  officer  of  such  corps  or  detachment,  upon  his 
requisition,  duly  approved,  such  tents,  fixtures  and  other 
camp  equipage,  and  such  ammunition  as  may  be  necessary 
for  the  discharge  of  such  duty ;  and  each  officer  to  whom 
such  property  is  delivered,  shall  be  responsible  for  the 
safe-keeping  of  the  same,  which  shall  not  have  been 
properly  expended,  and  return  said  property  to  the  quar- 
termaster-general, when  the  duty  shall  have  been  per- 
formed for  which  the  same  was  issued,  together  with  a 
correct  list  of  the  same  ;  and  it  shall  be  the  duty  of  every 
officer  having  property  delivered  to  him  on  his  requisition, 
or  receiving  the  same,  on  the  first  day  of  December, 
annually,  to  make  to  the  chief  of  the  department  from 
which  such  property  shall  have  been  issued,  a  full  return 
of  all  property  so  received  by  him,  and  for  which  he  is  by 
law  accountable. 


782        V  1873.— Chapter  313. 

Colors  for  regi-        Section  71.     Each    rcgimeiit   and   battalion    shall   be 
tafkinsf"    ^      furnished  by  the  state  with  the  national  and  state  colors, 
their  staffs,  belts  and  sockets,  and  the  commander  of  such 
regiment  or  battalion  shall  be  responsible  for  their  safe- 
keeping. 
Musical  instru-        SECTION  72.     Eacli  Company  of  militia   shall  be  fur- 
nished with  such  instruments  of  music  as  the  commander- 
in-chief  shall  order. 
Commanders  of       SECTION  73.     Each  commandcr  of  a  brigade  may  make 
m^ke'r^e^ulL     rcquisitious   upon   the    quartermaster-general,    or    officer 
andfMtmmentg  acting  as  such,  iu  favor  of  the  commanders  of  regiments, 
of  music.  battalions  and  companies,  for  colors   and   instruments   of 

music.  Commanders  of  companies  shall  be  responsible 
for  the  safe-keeping  of  the  instruments  delivered  to  them 
for  the  use  of  their  companies. 
Companies  to  Toe  Section  74.  Each  compauy  of  the  volunteer  militia, 
arms'^^ind  equip,  ou  application  of  the  commaudcr  thereof  to  the  adjutant- 
mo"y''hl8b°een  general,  and  producing  satisfactory  evidence  that  a  suita- 
provided.  |jjg    amioiy   or   place    of  deposit    is    provided   therefor, 

agreeably  to  section  eighty-three,  shall  be  furnished  with 
such  appropriate  arms  and  equipments  as  shall  be  deter- 
mined by  the  commander-in-chief. 
Officers  to  exer-      SECTION  75.     It  shall  be  the  duty  of  the  commissioned 
f-a're  of  property  officcrs  of  cvcry  compaiiy  of  the  volunteer  militia  respec- 
thdrcompa°nies.  tivcly  to  excrcisc  the  strictest  care  and  vigilance  for  the 
preservation  of  the  uniforms,  arms,  equipments  and  mili- 
tary property  furnished  to  their  several  companies  under 
the  provisions  of  this  act ;  and  in  case  of  any  loss  thereof 
or  damage  thereto,  by  reason  of  the  wilful  neglect  or  de- 
fault of  such  officers,  or  either  of  them,  to  exercise  such 
care  and  vigilance,  he  or  they  shall  be  held  to  make  com- 
pensation tlierefor,  to  be  recovered  by  an  action  of  con- 
tract brought  by  the  quartermaster-general  against  ull  or 
any  of  such  officers  ;  which  action  it  shall  be  the  duty  of 
the  judge-advocate    of  division,    at   the   request   of    the 
quartermaster-general,  to  bring. 
Relieved  from         SECTION  76.     lu  casc  of  the  discharge  or  death  of  an 
uponaccounting  officcT,  hc   or  liis   legal  representative    shall   be   relieved 
for  property,      f^om  responsibility  for  the  safe-keeping,  preservation  and 
return  of  the  military  property  furnished  to  and  iu  the 
possession  of  such  officer  by  provisions  of  law,  upon  com- 
plying with  the  provisions  of  law  relating  to  the  account- 
ing for  public  military  property. 
When  company       Section  77.     Upou   the    disbandmcut   of  a  volunteer 

is  disbanded  i  .    i      i  '        t  •  n  •  i. 

officers  respon-   compauy  which  has  received  uniforms,  arms,  equipments 


1873.— Chapter  313.  783 

or  equipage  from  the  quartermaster-general,  in  accordance  sibie for  leuun 
witli  the  provisions  of  this  act,  the  commissioned  officers  °  p™p«''*J- 
of  such  company  shall  be  responsible  for  the  safe  return 
to  the  custody  of  the  quartermaster-general  of  all  public 
property  in  possession  of  said  company  ;  and  for  any  loss 
or  damage  thereto  compensation  may  be  obtained  in  man- 
ner provided  in  section  seventy-five. 

Section  78.     Each  company  of  artillery  shall  be  pro- Aituiery  to 
vided  by  the  quartermaster-general  with  the  battery  of  prescribed  by  * 
manoeuvre  prescribed  for  that  arm  by  the  war  department  partmlnt/^"' 
of  the  United  States ;  with  caissons,  harness,  implements, 
laboratory  and  ordnance  stores,  which  may,  from  time  to 
time,  be  necessary  for  their  complete  equipment  for  the 
field,  and,  when  target-practice  is  expedient  in  the  opinion 
of  the  commander-in-chief,  such  quantity  of  ammunition 
annually  as  he  deems  necessary  to  be  expended  in  experi- 
mental gunner3^     The  commissioned  officers  of  each  com- 
pany shall  be  held  accountable  for  the  preservation  of  the 
pieces,  apparatus  and  ammunition  aforesaid,  and  for  the 
proper  expenditure  of  the  ammunition. 

Section  79.     The  commanding  officer  of  such  company,  charges  for 
when  it  is  ordered  to  march  out  of  the  city  or  town  where  w'terconipany 
the  gun-house  is  situated,  and  on  occasions   of  parade  for  for°duty!'^  °"' 
experimental  gunnery  or  camp  duty,  shall  provide  horses 
to  draw  the  field-pieces  and  caissons,  and  present  his  ac- 
count of  the  expense  thereof,  as  provided  in  section  one 
hundred  and  thirty-nine.     On  all   other  occasions,  when 
ordered  out  by  an  officer  of  competent  authority  for  camp 
or  salute  duty,  the  charges  far  horses,  powder  and  neces-    . 
sary  expenses,  shall  be  defrayed  by  the  quartermaster- 
general. 

Section  80.  The  commissioned  and  non-commissioned  Books  of  tactics 
officers  of  the  volunteer  militia  shall  be  furnished  with  iTtloM™^  ^^^' 
such  books  of  instruction  in  tactics  and  army  regulations 
as  the  commander-in-chief  shall  deem  expedient,  which 
books  shall  continue  to  be  the  property  of  the  Common- 
wealth, and  shall  be  carefully  kept  and  delivered  by  such 
commissioned  and  non-commissioned  officers  to  their  suc- 
cessors. 

Section  81.     The  commander-in-chief,  with  the  advice  Military  stores 
and  consent  of  the  council,  may  sell  or  exchange,  from  Sang«i. 
time  to  time,  such  military  stores  belonging  to  the  quar- 
termaster-general's department  as  are  found  unserviceable 
or  in  a  state  of  decay,  or  which  they  think  it  for  the  in- 
terest of  the  state  to  sell  or  exchano:e. 


784  1873.— Chaptee  313. 

Arsenaitobe         SECTION  82.     TliG  Committee  of  the  legislature  on  the 
mitteeonhe™'   militia   shall   amiually  visit  the  arsenal  or   state    camp- 
legisiature.        ground  and  storehouses,  and  make  a  thorough  examination 
into  the  condition  of  the  same,  of  the  arms  and  munitions 
of  war  and  other  property  of  the  state  or  general  govern- 
ment dej)osited   there,  and  report   the    condition    of  the 
arsenal  and  property  to  the  legislature  for  that  year. 
Armories  to  be        SECTION  83.     The  mayor  and  aldermen  and  selectmen 
dti'e^saudtlfwBB.  shall  pi'ovide  for  each  comj^any  of  the  volunteer  militia 
■within   the    limits    of  their   respective  cities  or  towns  a 
suitable  armory,  for  the  deposit  and  safe-keeping  of  the 
arms,  equipments,  uniforms  and  other  military  property 
furnished  it  by  the  state,  and  for  the  purposes  of  drill, 
and   shall   also   provide   suitable   places   for  the  parade, 
target-practice  and  company-drill  of  the  militia  belonging 
Regimental  and  to  their  rcspcctive  cltics  and  towns.     They  shall  also  pro- 
quarterl'to'^be'   vldc  for  the  hcadquai'ters  of  each  regiment  or  battalion,  a 
provided.  majority  of  the  companies  of  which  shall  be  within  their 

respective  limits,  a  suitable  room  for  the  keeping  of  books, 
the  transaction  of  business  and  the  instruction  of  officers. 
Cities  and  towns  in  which  batteries  are  located  are  hereby 
authorized  to  raise  money,  by  taxation  or  otherwise,  for 
the  purpose  of  erecting  suitable  armories.  When  a  com- 
pany is  formed  from  different  places,  the  location  of  such 
armory  shall  be  determined  by  a  majority  of  its  members, 
subject  to  the  approval  of  the  adjutant-general.  Armories 
provided  for  the  militia  shall  not  be  used  for  any  purpose 
whatever  other  than  the  legitimate  uses  of  the  companies 
occupying  them,  and  the  commander  of  any  company  who 
shall  allow  the  armory  of  his  company  to  be  let  for  other 
than  the  use  of  his  company,  unless  by  approval  of  the 
commander-in-chief,  shall  be  liable  to  a  fine  of  two  hun- 
dred dollars,  to  be  recovered,  on  complaint,  by  the  adju- 
tant-general. 
Amountpaidfor  Section  84.  The  mayor  and  aldermen  of  cities  and 
br^ertmedto"  selectmen  of  towns  shall  annually,  in  October  or  Novem- 
g^nwir^"*"  ber,  transmit  to  the  office  of  the  adjutant-general  a  certifi- 
cate, verified  by  the  oath  or  affirmation  of  at  least  two  of 
their  board,  showing  the  name  of  each  company  furnished 
with  an  armory,  and  of  each  regiment  or  battalion  fur- 
nished with  headquarters,  the  amount  paid  for  the  rent 
thereof,  and  stating  that  a  majority  of  their  board  consider 
such  armory  or  headquarters  necessary  for  the  use  of  such 
command,  and  that  the  rent  charged  therefor  is  fair  and 


1873.— Chapter  813.  785 

reasonable,  according  to  the  value  of  real  estate  in  their 
place. 

Section  85.  The  adjutant-general  shall  annually  ex-  pJte"au^LT* 
amine  all  certificates  so  returned  to  his  office,  institute  and  paid. 
any  inquiries  he  deems  expedient  relative  thereto,  and 
allow  them  in  whole  or  in  part,  to  an  amount  not  exceed- 
ing six  hundred  dollars  for  one  company  of  infantry, 
artillery  or  cavalry,  and  not  exceeding  three  hundred  dol- 
lars for  each  regimental  or  battalion  headquarters.  He 
shall,  within  ten  days  after  such  examination,  file  in  the 
office  of  the  auditor  his  certificate,  stating  the  sums 
allowed,  the  name  of  the  command  for  whose  use  each 
sum  is  allowed,  and  the  place  to  which  it  belongs  ;  and 
shall  thereupon  notify  the  mayor,  aldermen  or  selectmen 
of  the  sum  allowed  to  their  place,  which  sum  shall  be  paid 
upon  the  warrant  of  the  governor  to  such  mayor  and 
aldermen  or  selectmen. 

Section  86.     A  city  or  town  receiving  from  the  treas-  ^^°ffi*^t^°''*'"^^ 
ury  of  the  Commonwealth,  by  reason  of  a  false  return  or 
certificate,  under  section  eighty-four,  any  money  to  which 
such  place  is  not  entitled,  shall  forfeit  a  sum  not  exceed- 
ing four  times  the  amount  of  money  so  received. 

Section  87.     The  commander-in-chief  may  at  any  time  Armory  and 
detail  an  officer  to  examine  any  armory  and  report  the  aminJd  at  any'"^' 
condition  thereof,  and  of  the  arms,  equipments  and  equip-  *''^^- 
age  therein  deposited. 

Section  88.  Orders  from  the  commander-in-chief  ^^'^t/j.^^^t'°'i  °*' 
shall  be  distributed  by  the  adjutant-general ;  division 
orders  and  brigade  orders  by  their  respective  assistant 
adj  utants-general ;  regimental  and  battalion  orders  by  the 
adjutant ;  company  orders  by  the  clerk  or  by  any  non- 
commissioned officer  or  private  when  so  required  by  the 
commanding  officer.  General,  division,  brigade,  regi- 
mental and  battalion  orders  may,  in  cases  of  emergency, 
be  transmitted  by  telegraph ;  and  all  such  orders  so  trans- 
mitted shall  be  deemed  to  have  been  legally  transmitted 
within  the  meaning  of  this  act.  When  any  such  order 
shall  be  transmitted  by  telegraph,  a  copy  thereof  shall  be 
immediately  forwarded  by  mail. 

Section  89.     When  a  commander  orders  out  his  com-  ^°^?gfg'°f°^ 
pany  for  military  duty,  or  for  election  of  officers,  he  shall  companies  or- 

T  c    J_^  ••ijB  dered  out  for 

order  one   or  more  oi  the   non-commissioned  omcers  or  duty. 
privates  to   notify  the  men  belonging  to  the  company  to 
appear  at  the  time  and  place  appointed.     Such  non-com- 


786 


1873.— Chapter  313. 


Notice  to  bo 
given  verbally, 
or  left  at  usual 
place  of  abode. 


Notification  of 
companies  with- 
out commis- 
sioned officers. 


Clerlis  of  com- 
panies to  record 
orders,  &c. 


System  of  dis- 
cipline. 


missioned  officer  or  private  shall  give  notice  of  such  time 
and  place  to  every  person  whom  he  is  ordered  to  notify  ; 
if  he  fsiils  so  to  do,  he  shall  forfeit  not  less  than  twenty 
nor  more  than  one  hundred  dollars,  to  be  recovered  on 
complaint  of  the  commander  of  the  company,  as  provided 
by  law. 

Section  90.  No  notice  shall  be  legal,  unless  given  by 
such  non-commissioned  officer  or  private  to  each  man 
verbally,  or  by  delivering  to  him  in  person  or  leaving  at 
his  usual  place  of  abode  a  written  or  printed  order  signed 
by  such  officer  or  private,  four  days  at  least  previous  to 
the  time  appointed;  but  in  case  of  invasion,  insurrection, 
riot,  or  an  unforeseen  or  sudden  occasion,  a  verbal,  written- 
or  printed  notice,  however  short,  shall  be  legal.  When  a 
company  is  paraded,  the  commanding  officer  may  verbally 
notify  the  men  to  appear  at  a  future  day,  not  exceeding 
thirty  daj's  from  the  time  of  such  parade,  which  shall  be 
sufficient  notice  as  respects  the  persons  present ;  and  all 
commanders  of  companies  may  on  parade,  read  division, 
brigade  or  regimental  orders,  and  notify  the  soldiers  of 
their  several  commands  to  appear  as  by  such  orders  re- 
quired ;  which  notice  shall  be  a  sufficient  warning. 

Section  91.  When  a  company  is  without  commis- 
sioned officers,  the  commander  of  the  regiment  or  bat- 
talion to  which  it  belongs,  or  the  officer  detailed  b}^  him 
to  discipline  the  same  as  provided  in  section  twenty-six, 
shall  in  writing  order  any  non-commissioned  officers  or 
privates  to  notify  the  persons  liable  to  do  duty  in  such 
company,  to  appear  for  duty  required  by  law,  at  the  time 
and  place  mentioned  in  such  order ;  and  if  a  non-commis- 
sioned officer  or  private  refuses  or  neglects  so  to  notify, 
he  shall  forfeit  not  less  than  twenty  nor  more  than  one 
hundred  dollars,  to  be  recovered  on  complaint  by  the 
commander  thereof. 

Section  92.  Clerks  of  companies  shall  record  in  the 
orderly  book  company  orders  and  notifications ;  but  such 
record  shall  not  be  necessary  to  the  recovery  of  a  penalty  ; 
and  the  records  of  clerks  shall  at  all  proper  times  be  open 
to  the  inspection  of  members  of  the  company. 

Section  93.  The  system  of  discipline  and  field-exer- 
cise ordered  to  be  observed  by  the  army  of  the  United 
States,  in  the  different  corps,  or  such  other  system  as  may 
hereafter  be  directed  for  the  militia  by  laws  of  the  United 
States,  shall  be  observed  by  the  militia. 


1873.— Chapter  313.  787 

Section  94.     The   volunteer   militia   shall   parade   by  Annual  parade 

.  ,  •,  n  J.1        1       J.  for  inspection  on 

companies,  unless  otherwise  ordered,  annually,  on  the  last  theiastwednes. 
Wednesday  in  May,  for  inspection,  company-drill  and  De^OTaUonb^iy. 
manoeuvre,  and  also  for  target-practice,  and  for  this  pur- 
pose the  quartermaster-general  is  hereby  authorized  to 
issue  upon  the  requisition  of  the  commanding  officers  of 
companies  respectively  the  necessary  ammunition.  The 
commander-in-chief  may,  by  general  or  special  orders  or 
regulations,  direct  that  the  parade  in  May,  of  the  volunteer 
militia,  or  of  any  portion  thereof,  be  by  companies,  bat- 
talions, regiments  or  parts  of  regiments,  as  he  may  deem 
expedient,  or  as  may  be  directed  by  the  commanding 
officers  of  the  respective  divisions,  brigades,  regiments  or 
battalions ;  and  he  may  by  general  orders  authorize  regi- 
mental and  battalion  commanders,  in  their  discretion,  to 
order  the  May  parade  on  Decoration  Day,  so  called. 

Section  95.     The  commanding  officer  of  every  regi-  Elementary 

O  ./  o       drill 

ment,  battalion  or  detached  company  may  order  out  the 
commissioned  and  non-commissioned  officers  under  his 
command,  for  elementary  drill,  two  separate  days,  be- 
tween the  middle  of  May  ;  and  the  middle  of  July  in  each 
year,  at  such  place  as  he  shall  deem  most  convenient ;  and 
if  the  place  of  any  such  commissioned  or  non-commissioned 
officer  in  any  company  shall  be  vacant  from  any  cause,  it 
shall  be  the  duty  of  the  commanding  officer  of  such  com- 
pany to  detail  from  the  enlisted  men  under  his  command  a 
number  sufficient  to  make  up  the  complement  of  commis- 
sioned and  non-commissioned  officers  to  which  by  law  his 
company  is  entitled. 

And  each  person  so  ordering  and  so  ordered,  that  shall  CompenBation. 
attend  any  such  drill,  shall  receive  for  his  service  the  sum 
of  two  dollars. 

Section  96.     The  amount  to  which  each  person  is  en-  Amount  of  com. 
titled  as  aforesaid,  shall  be  certified  to  the  adjutant-gen-  certified'tJ'the^ 
eral,    under    oath,    by   the   commanding   officer   of  each  Sroatr"'"' 
regiment,  battalion  or  detached  company,  and  the  same 
shall  be  paid  from  the  treasury  of  the  Commonwealth,  as 
follows,  viz.  :     That   portion   for   commissioned    officers, 
non-commissioned  officers  and  enlisted  men  of  companies, 
to  the  commanding  officers  thereof,  and  that  portion  for 
field  and  staff"  officers  of  regiments  or  battalions,  to  the 
commanding  officers  thereof  respectively,  to  be  by  them 
paid  over  to  the  parties  entitled  thereto. 

40 


788  1873.— Chaptee  313. 

wKfmcutiooaLd      Sectiox  97.     The  commander  of  any  regiment  or  bat- 
within  radius  of  talion,  whose    companies    are    located  within  a  radius  of 

three  miles  may     ,  „  .  ji-tj  it  •  -i 

be  ordered  for     tlirec  mucs,  IS  autiiorizcd  to  asscmble  said  companies  or 
evemng  n  ,      ^y^^  officcrs  thcrcof,  for  evciiing  drill,  instruction,  inspec- 
tion or  other  business,  at  such  times  as  he  may  judge  best 
for  the  promotion  of  discipline  in  his  command  ;  and  com- 
manders of  all  regiments,  battalions  or  detached  companies 
are  authorized  to  order  inspections  whenever  the  good  of 
the  service  demands,  and  evening  drills  by  companies  not 
exceeding  once  in  two  months,  and  neglect  on  the  part  of 
subordinate  officers  or  enlisted  men  to  appear  accordingly 
shall  be  punishable  as  for  disobedience  of  orders. 
bebT'ifr'^a'dei'°      Section  98.     Uulcss  thc  commandei'-iu-chief  prcscribcs 
or  regiments  un-  tlic  tiuic,  placc  aiid  mauucr  of  assemblino^  the  troops  for 
ordered  by  com.  the  pui'poses  dcclarcd  ill  this   section,  each  commander  of 

mander-in-chief.    t-'iii  n  ^  ii^i* 

division  shall  annually  order  an  encampment  oi  his 
division,  by  brigades  or  regiments,  at  some  time  between 
the  middle  of  July  and  the  middle  of  September.  The 
orders  for  encampment  by  brigade  shall  be  promulgated 
in  the  brigade  thirty  days  before  the  time  appointed  for 
the  encampment ;  the  orders  for  encampment  by  regiment 
shall  be  promulgated  in  the  regiment  twenty  days  before 
such  time.  The  place,  and  if  no  time  is  designated  by 
the  commander  of  division,  the  time  of  encampment  shall 
be  designated  by  the  commander  of  the  troops  to  be 
assembled,  and  regard  shall  always  be  had  to  the  con- 
venience, proximity  and  accommodation  of  the  troops  to 
be  assembled  ;  but  no  ground  shall  be  occupied  for  an 
encampment  in  time  of  peace  without  the  consent  of  the 
selectmen  of  the  town,  or  mayor  and  aldermen  of  the 
city,  Avhere  the  encampment  is  to  be  made,  unless  by 
order  of  the  commander-in-chief;  such  ground  to  be  paid 
for  by  the  state  on  contracts  to  be  approved  by  the  adju- 
tant-general. 
All  encamp-  In  casc  of  the  purchase  of  a  state  camp-ground,  as  pro- 

by  division  to  be  vidcd  for  ill  cliaptcr  two  hundred  and  sixteen,  acts  of 
camp^'ground!'"'  eighteen  hundred  and  seventy-two,  all  encampments,  less 
than  division  encampments,  shall  be  held  upon  the  same, 
miless  otherwise  directed  by  the  commander-in-chief; 
said  state  camp-ground  shall  be  under  the  care  and  con- 
trol of  the  adjutant-general  or  quartermaster-general,  and 
the  expense  of  keeping  it  in  repair  and  of  storing  and 
guarding  the  state  property  upon  said  ground,  or  of  taking 


1873.— Chapter  313.  789 

proper  care  of  the  arsenal  and  state  property  at  Cam- 
bridge, shall  be  provided  for  iu  the  annual  appropriation 
for  quartermaster's  supplies. 

Section  99.  No  larger  body  than  a  brigade  shall  be  Parade  of  more 
ordered  to  parade  at  the  same  time  and  place  except  by  ^^^n  a  brigade. 
order  of  the  commander-in-chief. 

Section  100.     Each  encampment  shall  last  five  da3's,  Encampment  to 
and  the  troops  shall  be  inspected,  reviewed  and  thoroughly  ^^^t  five  days. 
exercised,  as  companies,  battalions    or   brigades,  in   the 
whole  routine  of  camp  and  field  duty. 

Section  101.     Each  company  and  baud  roll-call  shall  ^a^'rou-caii 
be  made  during  the  term  of  encampment  under  the  super- 
vision and  in  the  presence  of  a  commissioned  officer  or 
band-master  thereof;  and  each   day   the    company    com-  swom pay.roii 
manders  and  band-masters    shall  provide  the  regimental  '^"^.^e  furnished 
paj'master  with  a  sworn  pay-roll  of  the  men  actually  on 
duty  that  day  in  their  respective  commands;  these  rolls  Roiis  tobeveri- 
shall  be  verified  by  the  paymaster  by  actual  presence  of  ten    ^  p^^™^*' 
the  parties  whose  names   appear   thereon,  and   by  their 
signatures  either  iu  his  presence  or  of  some  staff  officer. 

Section  102.     "VYhen  a  company  without  commissioned  officer  to  be  de- 

tuilGQ  to  com- 

officers  parades  with  other  troops,  the  officer  in  command  mand  company 
shall  detail  one  or  more  commissioned  officers  present  to  ^^'  °^ 
command  it,  unless  the  officer  detailed  by  the  commander 
of  the  regiment  to  command  it  is  present. 

Section  103.     The  assistant  inspectors-general,  under  Assistant  in. 
the  orders  of  their  respective  commanding  officers,  shall  to  auend^e'^n-*^'^^^ 
attend  the  annual  encampments  of  the  regiments  and  bat-  f^ampments,  in- 

,  ,  1  O  spect  arms,  ana 

talions  in  their  brigades  while  encamped  separately,  and,  report  to  the  ad- 
while  they  are  under  arms,  inspect  their  arms,  uniforms,  J"  ^"  "^''°*^''^  • 
ammunition  and  accoutrements,  and  shall  make  report  to 
the  adjutant-general  at  the  close  of  tour  of  duty,  such  re- 
ports being  made  through  proper  channels  and   consoli- 
dated by  superior  commands. 

Section  104.     B^^   permission   of  the   officer   in  chief  oriii  in  camp  in 

1  ij'xi'  •  tj  •  /v»  undress  uni- 

command,  and  ot  their  own  immediate  superiors,  officers,  form. 
privates  and  musicians  may  drill  and  manoeuvre  in  camp 
in  undress  uniform  or  fatigue  dress,  and  mounted  officers 
may  discharge  their  duties  on  foot. 

Section    105.     Every   commanding   officer,   when   on  Bounds  of  pa. 
duty,  may  ascertain  and  fix  necessary  bounds  and  limits  fixtd'i'y^com. 
to  his  parade  or  encampment  (not  including  a  road  so  as  nia°<iing  officer. 
to  prevent  passing) ,  within  w^hich  no  spectator  shall  enter 
without  leave  from  such  commanding  officer.     Whoever 


790 


1873.— Chapter  313. 


Punishment  for 

intrusion. 


Not  holJen  to 
duty  on  days  of 
certain  election. 


Escort  duty. 


Companies  may 
have  volunteer 
parades. 


May  own  and 
keep  personal 
property  and  be 
under  their  con- 
trol. 


intrudes  within  the  limits  of  the  parade  or  encampment, 
after  being  forbidden,  may  be  confined  under  guard  during 
the  time  of  parade  or  encampment,  or  a  shorter  time,  at 
the  discretion  of  the  commanding  officer ;  and  whoever 
resists  a  sentry  who  attempts  to  put  him  or  keep  him  out 
of  such  limits,  may  be  arrested  by  order  of  the  command- 
ing officer,  and  carried  before  a  judge-advocate  or  judge- 
advocate-general  on  duty  at  the  encampment,  or  other 
court  or  justice  having  jurisdiction  of  the  place,  to  be 
examined  or  tried  upon  complaint  for  such  assault  or  dis- 
turbance or  breach  of  the  peace. 

Section  106.  No  officer  or  soldier  shall  be  holden  to 
perform  military  duty  except  in  case  of  invasion,  insur- 
rection, riot  or  tumult,  made  or  threatened,  or  in  obedience 
to  the  orders  of  the  commander-in-chief,  on  a  day  ap- 
pointed for  a  meeting  in  the  town  in  which  he  resides  for 
the  election  of  governor,  lieutenant-governor,  senators, 
electors  of  president  and  vice-president  of  the  United 
States,  or  representatives  to  congress  or  the  general 
court ;  and  an  officer  parading  his  company,  or  ordering 
it  to  parade  contrary  to  the  provisions  of  this  section, 
shall,  besides  being  liable  to  a  trial  before  the  military 
judge,  forfeit  not  less  than  fifty  nor  more  three  hundred 
dollars. 

Section  107.  The  commander-in-chief  may  order  out 
any  portion  of  the  militia  for  escort  and  other  duties. 

Section  108.  Nothing  herein  contained  shall  be  con- 
strued to  prevent  any  company  from  meeting  for  the 
purpose  of  drill,  funeral  or  other  escort,  or  a  voluntary 
service,  nor  to  impair  the  obligation  arising  under  consti- 
tutional articles  of  agreement  adopted  by  the  company, 
so  far  as  regards  the  members  who  have  signed  the  same ; 
but  such  articles  of  agreement,  approved  by  the  com- 
mander-in-chief, shall  be  valid  and  binding  on  all  who 
have  signed  them,  unless  they  are  repugnant  to  law.  But 
no  parade  or  voluntary  service  shall  be  performed  under 
arms  or  with  state  uniform,  unless  by  approval  of  regi- 
mental or  battalion  commander,  or,  if  unattached,  by  the 
adjutant-general.  And  any  military  organization  leaving 
the  state,  without  permission  from  the  commander-in-chief, 
shall  forthwith  be  disbanded.  Volunteer  companies  shall 
have  the  right  to  own  and  keep  personal  property  which 
shall  belong  to  and  be  under  the  control  of  the  active 
members  of  the  company,  and  the  commanding  officer  of 


1873.— Chapter  313.  791 

any  volunteer  company  may  recover  for  the  use  of  the 
company  any  debts  or  effects  belonging  to  the  company, 
or  damages  for  the  injury  thereof,  as  provided  in  section 
one  hundred  and  sixty-five,  and  no  suit  or  complaint 
pending  in  his  name  shall  be  abated  by  his  ceasing  to  be 
commanding  officer  of  the  company,  but  upon  the  motion 
of  the  commander  succeeding  him  such  commander  shall 
be  admitted  to  prosecute  the  suit  or  complaint  in  like 
manner  and  with  like  effect  as  if  it  had  been  originally 
commenced  by  him. 

Section  109.     Any  soldier  quitting  his  guard,  section,  Penalty  for  quit- 
platoon  or  company,  may  be  put  and  kept  under  guard  by  comla^ify!  °' 
the  commander  of  the  company,  regiment,  or  of  the  field, 
for  a  time  not  extending  beyond  the  term  of  service  for 
which  he  is  then  ordered. 

Section  110.  Soldiers   in   companies  without  oflicers,  soidsers in  com. 
when  ordered  out  to  be  trained  and  disciplined,  shall,  for  officerViLbieto 
absence,   deficiency,  misconduct  or  neglect,  be  lial^le  to  ^"*"'' 
the  fines  prescribed  for  offences  in  other  companies,  to  be 
recovered  upon  complaint  of  the  officer  so  detailed. 

Section  111.     The  assistant  adjutants-general  of  each  Division  ami 
division  and  brigade,  and  the  adjutant  of  each  regiment,  andordedy"" 
battalion  or  corps,  shall  constantly  keep   a  correct  roster  kepu"*"'''^ 
of  the  command  to  which  he  belongs,  and  an  orderly  book 
in  which  he  shall  record  orders  received  and  issued. 

Section  112.  A  fair  and  exact  roll  of  each  company  company loiis 
shall  be  kept  by  the  clerk,  under  the  direction  of  the  derkulfder^he' 
commander,  with  the  state  of  the  arms  and  equi})ments  commaudor.'^''^ 
furnished  to  each  mau,  in  the  form  prescribed  for  the 
returns  of  the  militia  by  the  commander-in-chief.  Such 
rolls  shall  be  annually  revised  in  the  month  of  May,  and 
corrected  from  time  to  time,  as  the  state  of  the  company 
and  alterations  in  it  may  require.  The  commander  of 
each  company  shall  annually,  during  said  month  of  May, 
furnish  the  mayor  and  aldermen  or  selectmen  of  his  city 
or  towu,  a  sworn  copy  of  such  roll,  for  the  purposes  set 
forth  in  section  seventeen  of  this  act.  The  clerk  of  the 
ancient  and  honorable  artillery  company  shall  furnish 
annually,  as  provided  herein,  the  mayor  and  aldermen  of 
the  city  of  Boston  with  sworn  rolls  of  all  active  members 
belonging  to  the  company. 

Section  113.     An  orderly  book  shall  also  be  kept  in  company  order. 
each  company,  by  the  clerk,  under  the  direction  of  the  kept'bythe'^ 
commander,  and  the  proceedings  of  the  company,  orders  '^^'^'^^' 


792 


1873.— Chapter  313. 


Commanders  of 
companies  to 
make  triplicate 
returns  on  each 
day  of  encamp- 
ment. 


Master  of  band 
to  make  return 
within  ten  days 
after  a  parade. 


Commanders  of 
regiments  to 
make  rolls  of 
field  and  etaft' 
oiEcers. 


received  and  issued,  and  exact  details  of  drafts  and 
detachments  shall  be  recorded  therein.  Fines  and  forfeit- 
ures, with  the  time  when,  and  the  oifence,  neglect,  default 
or  deficiency  for  which  they  were  incurred,  money 
collected  by  him  or  the  company  commander,  with  the 
names  of  the  persons  from  whom  collected,  and  all  delin- 
quencies and  deficiencies,  shall  be  recorded  in  said  book, 
which  shall  not  be  alienated  from  the  company,  and  shall 
always  be  open  to  the  inspection  of  its  members. 

Section  114.  At  the  conclusion  of  each  tour  of  camp 
duty,  commanders  of  companies  shall  make  correct  tripli- 
cate returns  of  their  several  companies,  which  shall  certify 
the  manner  in  which  such  company,  on  each  of  the  days 
of  encampment,  performed  the  duties  required  by  law. 
He  shall  deliver  one  of  such  returns  to  the  inspecting 
officer  on  duty  in  camp,  and  the  others  to  the  commander 
of  his  regiment  or  battalion,  who  shall  retain  one  and  send 
the  third  direct  to  the  adjutant-general  within  ten  days 
after  said  tour  of  camp  duty.  The  returns  of  companies 
attached  to  divisions  or  brigades,  and  not  to  regiments, 
shall  be  sent  to  the  commanding  officers  of  divisions  or 
brigades,  respectively,  and  consolidated  and  transmitted 
by  them  to  the  adjutant-general. 

Section  115.  The  master  of  every  regimental,  bat- 
talion or  other  band  on  duty  with  the  militia  shall,  within 
ten  days  after  a  parade  thereof,  made  under  order  of  the 
commander  of  the  regiment,  battalion  or  unattached 
company  to  which  such  band  belongs,  make  and  transmit 
to  the  adjutant-general  an  alphabetical  list  of  the  men 
who  appeared  in  uniform  and  performed  duty  on  such  day, 
the  last  return  to  be  made  on  or  before  the  tenth  day  of 
November ;  upon  which  the  commanding  officer  to  whom 
the  band  was  ordered  to  report  for  duty,  shall  certify  the 
manner  in  which  said  duty  was  performed. 

Section  116.  On  the  last  day  of  each  tour  of  camp 
duty,  commanders  of  regiments  and  battalions  shall  make 
correct  certified  rolls  of  the  field  and  stafi"  officers  of  their 
several  commands  on  duty  for  each  day,  specifying  the 
names,  rank  and  duty  done  by  each  officer  who  appeared 
armed,  uniformed  and  equipped  on  any  day,  and  deliver 
the  same  to  the  inspecting  officer  of  the  camp,  and  every 
commanding  officer  of  regiment  or  battalion  shall,  within 
ten  days  after  each  tour  of  camp  duty,  forward  to  his  com- 
mander a  consolidated  return  of  his  whole  command. 


i 


1873.— Chapter  313.  793 

Section    117.      Assistant     inspectors-general     Avithin  Assistant  in. 
twenty  days    after    each    tour    of   camp    duty    done    by  to  maiie  return 
their  respective  brigades,  or  the  regiments  and  liattalious  ofb^S"*^" 
thereof,  shall  make  and  transmit  to  the  commander  of  the 
brigade    a   correct    return   of    such    brigades,    reporting 
therein  the  condition   of  the    uniforms,   arms,  accoutre- 
ments and  ammunition  of  the  several  corps,  with  such 
suggestions  relating  to  the  government  of  the  militia  and 
the  advancement  of  order  and  discipline  as  in  his  judg- 
ment may  be  required. 

Section  118.     Commanders   of  brigades   shall,  within  commanders  of 
thirty  days  after  each  tour  of  camp  duty  performed  by  ^"nsmit  return 
the  troops  under  their  respective  commands,  transmit  to  ofdM^o^ns^^"^^ 
the   commanders  of  their  divisions,  a  correct  return  of 
their   respective  brigades,  as   furnished  by  the    assistant 
inspectors-general  under  the  preceding  section,  and  also 
in  like  manner  make  and  transmit  to  the  commander  of 
division  a  certified   roll    of    the   general,  field    and  statf 
ofiicers  of  their  several  brigades,  specifying  the  rank  of 
and  duty  done  by  each  one  who  appeared  uniformed  and 
equipped  and  performed  duty  on  any  day.     Commanders  commanders  of 
of  divisions  shall,  within  ten  days  after  the  receipt  of  such  fransmumurns 
returns    of   brigades    under   their   respective    commands,  g°nerJ''^"*^"*" 
transmit  to  the   adjutant-general  correct  returns   of   the 
state    of  their  divisions,   as  derived  from'  such    brigade 
re  urns. 

Section  119.     Commanders  of  divisions  shall  annually,  commanders  of 
on  or  before  the  first  day  of  December,  make  and  transmit  transmit  roii  of 
to   the    adjutant-general  a  certified   roll  of  the  general,  fnTsTaffoffi^ 
field  and  statf  officers  in  their  respective  divisions,  specify-  *='^'^- 
ing  the  name,  rank  and  duty  done  by  each  one  who  has 
appeared  armed,  uniformed  and  equipped,  and  performed 
duty    on   any   day.      The    adjutant-general   shall,    on    or  Adjutant-gen- 
before  the  twenty-fifth  da}^  of  January  in  each  year,  make  ro'u  to  audiwr. 
out  a  certified  roll  of  the  names  of  all  general,  field  and 
stafi"  officers  that  appear  by  ihe  returns  made  to  him  under 
this  and  the  three  next  preceding  sections  to  be  entitled  to 
the  pay  under  section  one  hundred  and  twenty-eight,  and 
submit  such  roll  with  amounts  due,  to  the  auditor,  and 
the  governor  shall  draw  his  warrant  on  the  treasury  for 
such  sums  as  may  be  necessary  to  pay  such  officers. 

Section  120.     When  an  invasion  of  or  insurrection  in  Miiitiamaybe 
the  state  is  made  or  threatened,  the  commander-in-chief  pennvasL^n  a'nd 
shall  call  upon  the  militia  to  repel  or  suppress  the  same  ;  reTuon!* '°*"'^' 


794 


1873.— Chapter  313. 


Drafts  and  de- 
tail of  officers. 


If  company 
without  officers 
is  called  out,  an 
officer  to  be  de- 
ailed  to  com- 
mand. 


Penalty  for  neg- 
lecting to  appear 
■when  ordered. 


Selectmen,  &c., 
to  provide  car- 
riages to  attend 
with  supplies. 


Penalty. 


and  may  order  out  divisions,  brigades,  regiments,  bat- 
talions or  companies ;  or  may  order  to  be  detached  parts 
of  companies  thereof,  or  any  number  of  men  to  be 
drafted  therefrom,  and  may  cause  officers  to  be  detailed, 
sufficient  with  those  attached  to  the  troops,  to  organize 
the  forces.  If  such  invasion  or  insurrection,  or  imminent 
danger  thereof,  in  any  part  of  the  state,  is  so  sudden  that 
the  commander-in-chief  cannot  be  informed  and  his  orders 
received  and  executed  in  season  to  resist  or  suppress  the 
same,  a  commander  of  division  in  such  part  of  the  state 
may  order  out  his  division  or  any  part  thereof,  as  the 
commander-in-chief  might  do. 

Section  121.  When  a  draft  from  the  militia  is 
ordered,  the  non-commissioned  officers  and  privates, 
except  so  many  as  offer  to  serve  voluntarily,  shall  be 
drafted  by  lot  from  the  company,  and  the  officers  regularly 
detailed  from  the  roster. 

Section  122.  If  a  company  without  officers  is  ordered 
to  march,  or  a  draft  or  detachment  is  ordered  therefrom, 
the  commander  of  the  regiment  or  battalion  shall  detail  an 
officer  to  command,  who  shall  have  the  same  authority  to 
order  them  to  appear,  to  command  them  in  the  field,  or  to 
make  a  draft  or  detachment  therefrom,  as  the  captain  of 
such  company  would  have,  and  shall  be  under  the  same 
responsibility. 

Section  123.  Every  person  so  ordered  out,  detached 
or  drafted,  who  does  not  appear  according  to  law  at  the 
appointed  time  and  place,  or  provide  a  substitute,  or 
within  twenty-four  hours  pay  to  the  captain  of  his  com- 
pany, or  officer  to  whom  he  is  ordered  to  report,  one 
hundred  dollars,  to  be  paid  into  the  treasury  of  the 
Commonwealth,  shall  be  taken  to  be  a  soldier  absent 
without  leave. 

Section  124.  The  selectmen  of  a  town  and  the  mayor 
and  aldermen  of  a  city  to  Avhich  men  so  ordered  out, 
detached  or  drafted  belong,  when  required  in  writing  by  a 
commander  of  a  regiment  or  detachment,  shall  provide 
carriages  to  attend  them  with  further  supplies  of  pro- 
visions and  to  carry  necessary  baggage,  and  provide 
necessary  camp  equipage  and  utensils,  until  notified  by  the 
commanding  officer  to  desist ;  and  shall  present  their 
accounts  as  provided  in  section  one  hundred  and  thirty- 
nine.  For  any  neglect  by  such  mayor  and  aldermen  or 
selectmen,   under   this   section,  such  city  or   town  shall 


1873.— Chapter  313.  795 

forfeit,  to  the  use  of  the  Commonwealth  not  less  than 
twenty  nor  more  than  five  hundred  dollars.  The  officer 
to  whom  any  articles  above  mentioned  are  delivered  shall 
be  responsible  that  care  is  taken  of  the  same. 

Sectiox  125.  When  there  is  in  any  county  a  tumult,  Troops  may  be 
riot,  mob  or  a  body  of  men  acting  together  by  force  with  case  of  riot. 
attempt  to  commit  a  felony,  or  to  offer  violence  to  persons 
or  property,  or  by  force  and  violence  to  break  and  resist 
the  laws  of  the  Commonwealth,  or  when  such  tumult,  riot 
or  mob  is  threatened,  and  the  ffict  is  made  to  appear,  to 
the  commander-in-chief,  or  the  mayor  of  a  city,  or  to  a 
court  of  record  sitting  in  said  county,  or  if  no  such  court 
is  sitting  therein,  then  to  a  justice  of  said  court,  or  if  no 
such  justice  is  within  the  county,  then  to  the  sherifi"  thereof, 
the  commander-in-chief  may  issue  his  order,  or  such 
mayor,  court,  justice  or  sheriff  may  issue  a  precept, 
directed  to  any  commander  of  a  division,  brigade,  regi- 
ment, battalion  or  company,  directing  him  to  order  his 
command,  or  part  thereof  (describing  the  kind  and 
number  of  troops)  to  appear  at  a  time  and  place  therein 
specified,  to  aid  the  civil  authority  in  suppressing  such 
violence  and  supporting  the  laws,  which  precept,  if  issued 
by  a  court,  shall  be  in  substance  as  follows  : — 

gi^  Form  of  pre- 

COMMONWEALTH   OF    MASSACHUSETTS.  '^^^^' 

L.  S. 

To  (insert  (he  officer'^s  title)  A  B,  commanding  (insert  his  command). 

Whereas  it  has  been  made  to  appear  to  our  justices  of  our  , 

now  holden  at  ,  within   and  for  the  county  of  ,  that 

(here  state  one  or  more  of  the  causes  above  inentioned),  in  our  county 
of  ,  and  that    military  foi'ce  is  necessary  to  aid  the  civil 

authority  in  suppressing  the  same  ;  now  therefore,  we  command  you 
that  you  cause  (here  state  the  number  and  kind  of  troojjs  required), 
armed,  equipped,  and  with  ammunition,  as  the  law  directs,  and  with 
proper  officers,  either  attached  to  the  troops,  or  detailed  by  you,  to 
parade  at  ,  on  ,  then  and  there  to  obey  such  oi'ders  as 

may  be  given  them,  according  to  law.  Hereof  fail  not  at  your  peril, 
and  have  you  there  this  writ,  with  your  doings  returned  thereon. 

Witness  L  S,  Esq.,  at  ,  on  the  day  of  ,  in 

the  year 

C  D,  Clerk. 

And  if  the  same  is  issued  by  a  mayor,  justice  or  sheriff, 
it  shall  be  under  his  hand  and  seal,  and  otherwise  varied 
to  suit  the  circumstances  of  the  case. 

Section  126.     The  officer  to  whom  the  order  of  the  Penalty  for  re. 
commander-in-chief    or    such   precept   is    directed,   shall  iectrrfg°to"oifey 

order. 
41 


796 


1873.— Chapter  313. 


Troops  to  ap- 
pear armed  and 
equipped. 


Pay  of  general, 
field  and  com. 
missioned  staff 
oflScers. 


Judge-advooate- 
general. 


forthwith  order  the  troops  therein  mentioned  to  parade  at 
the  time  and  place  appointed.  If  he  refuses  or  neglects 
to  obey  such  order  or  precept,  or  if  an  officer  neglects  or 
refuses  to  obey  an  order  issued  in  pursuance  thereof,  he 
shall  be  cashiered  and  punished  by  fine  or  imprisonment 
not  exceeding  six  months,  as  a  court-martial  may  adjudge. 
Any  person  neglecting  or  refusing  to  appear  at  the  place 
of  parade  to  obey  an  order  issued  in  such  case,  or  any 
person  advising  or  endeavoring  to  persuade  another  to 
refuse  or  neglect  to  appear  at  such  place,  or  to  obey  such 
order,  shall  forfeit  to  the  use  of  the  Commonwealth,  five 
hundred  dollars. 

Section  127.  Such  troops  shall  appear  at  the  time 
and  place  appointed,  armed  and  equipped,  and  with  am- 
munition as  for  inspection  of  arms,  and  shall  obey  and 
execute  such  orders  as  they  may  then  and  there  receive 
according  to  law. 

Section  128.  General,  field  and  commissioned  staff 
officers,  and  commanders  of  batteries,  shall  receive  for 
each  day's  duty  in  camp  or  under  sections  one  hundred 
and  seven  and  one  hundred  and  twenty-five,  or  in  visiting 
officially  regimental  or  battalion  encampments  in  their 
commands,  six  dollars,  and  such  officers,  shall  be  entitled 
to  five  dollars  per  day  for  keeping  and  forage  of  horse, 
except  when  serving  on  special  duty  not  requiring  them 
to  be  mounted  ;  non-commissioned  staff  officers,  except 
non-commissioned  stafl'  officers  of  companies  shall  receive 
three  dollars  a  day,  to  be  paid  them  from  the  state 
treasury,  upon  the  warrant  of  the  governor  and  council 
according  to  a  pay-roll  made  up  by  the  adjutant-general, 
as  provided  in  section  one  hundred  and  nineteen. 

Whenever  the  commander-in-chief  shall,  by  general  or 
special  orders  or  regulations,  direct  that  companies  shall 
parade  or  drill  by  regiments  or  battalions  instead  of  by 
companies,  according  to  the  provisions  of  section  ninety- 
four  of  this  act,  such  regimental  or  battalion  field  and  staff 
officers  shall  be  allowed  and  paid  therefor  the  same  com- 
pensation as  is  allowed  them  for  other  duty. 

The  judge-advocate-general  shall  receive  an  annual 
salary  of  fifteen  hundred  dollars,  to  be  paid  quarterly  by 
the  treasurer  of  the  Commonwealth ;  and  he  shall  be 
allowed  an  additional  sum  of  five  hundred  dollars  per 
annum,  which  shall  be  in  full  for  mileage  and  all  contin- 
gent expenses  of  his  office,  and  shall  be  paid  quarterly  in 
same  manner  as  provided  for  his  salary. 


1873.— Chapter  313.  797 

Mustering  officers  and  paymasters  shall  be  allowed  the  Mustering  om- 
pay  of  their  rank  for  each  day's  service  in  the  discharge  masters/'*^' 
of  their  special  duties. 

Section  129.     Assistant  adjutants-general  of  divisions  Pay  of  assistant 
and  brigades,  and  adjutants  of  regiments  or  battalions,  or  erai,  adjutinTs, 
of  companies  of  cadets,  of  volunteer  militia,  shall  receive  ^°" 
twenty-five  dollars  annually,  in  addition  to  their  pay  as 
herein  provided.      Assistant  inspectors-general  shall  re- 
ceive six  dollars  a  day  and  five  cents  a  mile  for  travel  to 
and  from  the  place  of  inspection,  for  duties  performed 
under  section  one  hundred  and  three. 

Section  130.     Every  other  commissioned  officer  of  the  Payofcommis- 
volunteer  militia  shall  receive  for  each  day's  duty  in  camp 
or  under  sections  ninety-four,  one  hundred  and  seven  and 
one  hundred  and  twenty-five,  three  dollars  and  fifty  cents. 

Every  non-commissioned  officer  and  soldier  shall  receive  Non-commis- 
for  each  day's  duty  in  camp  or  under  sections  ninety-four,  and  sowi^rs.'* 
one  hundred  and  seven  and  one  hundred  and  twenty-five, 
two  dollars  and  fifty  cents. 

There  shall  be  allowed  and  paid  to  each  officer  and  ^"veTf"""  ^°' 
soldier  in  the  militia,  obliged  by  law  to  travel  to  an 
annual  encampment,  or  to  perform  special  duty,  the  actual 
expenses  incurred  by  him  for  transportation,  such  ex- 
penses to  be  paid  on  sworn  returns  to  be  furnished  by 
assistant  adjutants-general  and  commanders  of  companies 
at  same  time  and  corresponding  with  returns  called  for  in 
sections  one  hundred  and  one,  one  hundred  and  fourteen, 
one  hundred  and  fifteen  and  one  hundred  and  seventeen. 

Every  member  of  a  band  serving  Avith  the  militia  shall  Members  of 
receive  for  services,  in  obedience  to  an  order  of  his  com- 
mander, at  the  rate  of  five  dollars  a  day  while  on  duty ; 
and  the  bugler  to  a  company  of  cavalry  or  artillery,  shall 
receive  five  dollars  a  day.  For  the  duty  required  to  be 
performed  on  the  last  Wednesday  in  May,  and  for  each 
day's  duty  in  camp  as  required  by  the  provisions  of  this 
act,  and  also  for  each  day  of  special  duty  performed  under 
the  orders  of  the  commander-in-chief,  issued  in  pursuance 
of  the  provisions  of  section  one  hundred  and  seven,  every 
mounted  non-commissioned  officer  and  every  member  of  a 
mounted  company  or  band  shall  receive  five  dollars  a  day 
in  addition  to  the  compensation  herein  before  provided, 
which  shall  include  keeping  and  forage  for  horses.  Such 
sums  shall  be  computed  by  the  adjutant-general  on  the 
company  and  band  pay-rolls,  made  out,  certified  and  re- 


798 


1873.— Chapter  313. 


Pay  rolls  to  be 
transmitted  to 
paymasters. 


Paymasters  to 
give  bond. 


Rolls  to  be  com. 
pared  with  mus- 
ter-in rolls,  &c. 


Compensation 
forfeited  for  de; 
fault  iu  making 
returns. 


Personal  service 
requisite  for 
compexisation. 


turned  under  sections  one  hundred  and  one,  one  hundred 
and  fourteen  and  one  hundred  and  fifteen . 

After  such  computation  of  suras  due  companies  and 
bands,  the  pay-rolls  shall  be  transmitted  at  once  to  the 
resjiective  paymasters  of  regiments  and  battalions,  who 
shall  immediately  notify  commanders  of  companies  and 
masters  of  bands  that  they  are  ready  to  pay  their  respec- 
tive commands.  These  rolls,  after  computation  of  sums 
due  on  them,  shall  be  laid  before  the  auditor  of  the  Com- 
monwealth, and  upon  his  approval  the  governor  and 
council  shall  draw  a  warrant  on  the  treasury  for  the  re- 
spective amounts  required  by  the  several  paymasters,  and 
on  receipt  of  the  money  on  such  warrant,  the  paymasters 
shall  meet  the  several  companies  and  bands  in  their 
respective  armories  or  headquarters,  and  pay  the  members 
the  amounts  due  them,  taking  proper  vouchers  in  dupli- 
cate for  such  payment,  and  at  once  after  paying  all  the 
troops  in  their  respective  commands,  file  with  the  treasurer 
of  the  Commonwealth  an  account  of  their  payments  with 
the  duplicates  of  their  vouchers  ;  and  such  accounts  shall 
be  audited  by  the  state  auditor  and  the  several  paymasters 
held  to  account  for  any  and  all  discrepancies  which  may 
be  found  to  exist. 

Paymasters  shall  give  bond  in  the  penal  sum  of  ten 
thousand  dollars,  with  two  sureties  at  least,  to  be  approved 
by  the  governor  and  council,  conditioned  faithfully  to  dis- 
charge the  duties  of  their  office. 

Section  131.  The  computation  provided  for  in  the 
preceding  section  to  be  made  by  the  adjutant-general, 
shall  be  made  from  rolls  required  iu  sections  one  hundred 
and  one,  one  hundred  and  fourteen  and  one  hundred  and 
fifteen,  in  connection  or  comparison  with  the  muster-in 
rolls  and  last  preceding  muster  pay-rolls  of  companies. 

Section  132.  The  compensation  provided  for  com- 
manders of  companies  shall  be  forfeited  for  default  in 
making  the  returns  required  by  sections  one  hundred  and 
one,  one  hundred  and  fourteen  and  one  hundred  and  fifteen  ; 
and  no  person  shall  receive  compensation  who  does  not 
remain  in  camp  and  perform  all  duties  required  during 
the  period  of  encampment ;  except  that  a  person  who 
once  appears  and  is  excused  from  further  duty  shall  be 
entitled  to  compensation  for  the  time  he  is  actually  engaged 
in  service. 

Section  133.  No  officer  or  soldier  in  the  volunteer 
militia  shall  receive  the  compensation  provided   iu  this 


1873.— Chapter  313.  799 

chapter,  unless  he  personally  performs  the  duties  required 
by  law  ;  and  no  substitute  shall  be  allowed  compensation 
for  service  belonging  to  another  to  perform  ;  nor  shall  ex- 
cuses granted  for  absence  from  or  non-performance  of 
militar}^  duty  entitle  the  person  excused  to  receive  such 
compensation. 

Section  134.     The  adjutant-general  shall  present  his  Expenses  of  in. 

,    f.  •  1     •       J.^  J?  i?!'      spector-general. 

account  tor  expenses  mcurred  ni  the  pertormance  ot  his 
duty  as  inspector-general  to  the  auditor  of  accounts  for 
allowance. 

Section  135.  Officers  obliged  to  go  out  of  the  city  Allowance  for 
or  town  of  their  residence  to  attend  a  military  election,  tarreie°tio™.' ' 
shall  be  allowed  ten  cents  a  mile  each  way  for  travel. 

Section  136.  Officers  composing  military  boards,  and  ^iXnce°o*tmui 
witnesses,  both  for  the  Commonwealth  and  the  accused,  tary  boards  and 
attendiug  before  them,  shall  receive  live  cents  for  every 
mile  they  necessarily  travel  in  going  to  and  returning 
from  tl»e  place  of  trial,  and  the  following  sums  for  each 
day  of  attendance  :  The  president  of  a  military  board,  six 
dollars  ;  the  judge-advocate  of  the  same,  six  dollars,  which 
shall  be  in  full  compensation,  also,  for  all  services  of  pre- 
paring papers  before  and  making  copies  after  any  investi- 
gation ;  the  marshal  and  other  members  of  such  board, 
four  dt)llars  ;  each  witness  attending  on  such  board,  or 
before  the  judge-advocate-general,  one  dollar  and  seventy- 
five  cents.  Fees  for  subpoenas  and  service  of  them  shall 
be  the  same  as  in  civil  cases. 

Members  of  board  provided  in  section  twenty-one,  other 
than  the  judge-advocate-general,  shall  receive  for  each 
day's  duty  on  such  board  six  dollars,  and  five  cents  a  mile 
each  way  for  travel,  to  be  paid  by  the  treasurer  of  the 
Commonwealth,  upon  the  certificate  of  the  military  judge, 
approved  by  the  adjutant-general. 

No  allowance  shall  be  made  for  pay  or  rations  for  a 
military  guard,  unless  such  guard  is  ordered  by  the  officer 
appointing  the  board,  or  by  the  judge-advocate-general, 
nor  shall  the  above  compensation  be  made  to  officers  in 
actual  service  and  receiving  pay. 

Officers  or  men  tried  by  a  military  board,  board  of  ex-  officers,  &c., 
aminers,    the  judge-advocate-general  or  judge-advocates  wdYobepaiiC 
shall,  if  acquitted,  be  allowed  the  pay  of  their  rank,  to  be  'f'^^i"'""!- 
paid  out  of  the  treasury  on  the  certificate  of  the  president 
of  the  board  or  the  judge-advocate,  to  be  approved  by  the 
adj  utant-general. 


800  1873.— Chapter  313. 

ReUefofdis-  SECTION  137.     If  an  oiScei'  or  soldier  is  wounded  or 

otherwise  disabled,  or  is  killed  or  dies  of  wounds  received 
while  doing  military  duty,  he,  his  widow  or  children  shall 
receive  from  the  general  court  just  and  reasonable  relief. 

Pay  and  rations       Section  138.     Tlic  militia  wliile  in  actual  service  shall 

while  in  actual  •  j  i  i         i  •  j  i  t  i  r» 

service.  rcccivc  the  Same  pay  and  rations  as  the  regular  troops   or 

the  United  States  ;  and  the  rations  when  conmiuted  shall 
be  valued  at  the  rate  fixed  by  the  regulations  of  the  United 
States  army  in  force  at  the  time.     When  the  militia  are 
discharged  from  actual  service  they  shall  be  allowed  pay 
and  rations  to  their  respective  homes. 
All  military  ac-       Section  139.     All  military  accounts,  including  claims 
transmitted  to     agalust  tlic  statc  for  moucy  expended  in  the  transmission 
generaion'orbe.  of  military  documcuts  to  and  from  the  department  of  the 
fore  January  6.    adjutaut-gcueral,  uulcss  it  is  otherwise  specially  provided 
by  law,  shall  annually,  on  or  before  the  fifth  day  of  Jan- 
uary, be  transmitted  to  the  adjutant-general  and  examined, 
and  if  found  correct,  certified  by  him.     They  shall  then, 
unless  it  is  otherwise  specially  provided  by  law,  be  pre- 
sented to  the  state  auditor  for  allowance,  and  upon  such 
allowance  certified  by  him  to  the  governor,  shall  be  paid 
to  the  persons  to  whom  they  are  personally  due,  or  to 
their  order,  at  the  treasury  of  the  Commonwealth.     And 
no  military  account  shall  be  certified  by  the  adjutant-gen- 
eral or  allowed  by  the  auditor,  unless  presented  to  the 
adjutant-general  for  allowance  within  the  time  prescribed 
by  law. 
ExcusBB  for  not       Section  140.     No  officcr  shall  be  excused  from  duty 

performing  mill-  j_     i  ii  i         •         i  •    /• 

taryduty.  cxccpt  by  the  commauder-in-chiet,  upon  proper  cause 
shown  upon  application. 

No  enlisted  man  shall  be  excused  from  service  except 
upon  physician's  certificate  of  disability  to  do  duty  as 
provided  in  section  twelve,  or  for  other  imperative  cause, 
and  excuses  shall  be  granted  only  by  the  regimental  or 
battalion  commander  for  proper  cause  shown  upon  appli- 
cation. 

Excuses  for  the  non-appearance  of  a  soldier  shall  be 
made  to  the  commanding  officer  of  his  company,  or  the 
officer  detailed  to  train  and  discipline  the  company,  within 
twenty  days  after  a  training  or  other  military  duty  from 
which  he  has  been  absent ;  and  on  the  delinquent's  pro- 
ducing satisfactory  evidence  of  his  inability  to  appear, 
such  officer  may  excuse  him,  with  the  approval  of  the 
commander   of  the   regiment ;  but   no   such  officer  shall 


1873.— Chapter  313.  801 

receive  an  excuse  for  non-appearance  after  the  expiration 
of  the  twenty  clays.  No  excuse  shall  avail  such  soldier, 
on  a  prosecution  for  the  recovery  of  a  fine  or  forfeiture, 
unless  proved  to  have  been  made  to  such  officer  before  the 
expiration  of  the  twenty  daj's,  unless  the  delinquent  satis- 
fies the  tribunal  before  whom  the  case  is  tried  that  it  was 
not  in  his  power  to  make  such  excuse  within  the  time. 
Such  officers  shall  inform  their  clerks  of  all  excuses 
allowed  for  non-appearance. 

Section   141.     No    commanders    of    companies    shall  Deficiency  of 

r         ^    n    •  '  c  •  j.  ectujpment. 

receive  excuses  tor  denciencies  ot  equipment. 

Section  142.  When  a  person  is  entitled  to  exemption  Excuses  of  con- 
from  military  duty,  upon  presenting  evidence  of  the  cause  empt^!^^*' 
of  his  exemption  to  his  commanding  officer  within  or  be- 
fore a  certain  time,  as  provided  in  sections  ten,  eleven  and 
twelve,  and  omits  so  to  present  such  evidence,  it  shall  not 
avail  him  by  way  of  excuse  upon  a  prosecution  for  a  par- 
ticular absence  or  default,  unless  he  makes  his  excuse  to 
the  commanding  officer  within  twenty  days  after  the  train- 
ing, or  satisfies  the  court  or  justice  it  was  not  in  his  power 
to  make  such  excuse  within  the  time. 

Section  143.     The  commander-in-chief  may,  in  addi-  Military  board 
tion  to  the  board  provided  in  section  twent3'"-one,  from  ?d to  ex.miine 
time  to  time,  and  at  any  time,  appoint  a  military  board  of  and  proprietj- of 
examiners  of  not  less  than  three  nor  more  than  five  offi-  ^°°J^'^°*°f<'ffl- 
cers,  whose   duty  it   shall   be   to    examine  the    capacity, 
qualifications,  propriety  of  conduct  and  efficiency  of  any 
commissioned   officer   under   the  rank  of  major-general, 
who  may  be  reported  to  them  as  a  fit  subject  for  examina- 
tion, and  upon  the  report  of  such  board,  if  adverse  to  such 
officer  and  approved  by  the  commander-in-chief,  the  com- 
mission of  such  officer  shall  be  vacated  :  provided,  always, 
that  if  practicable,  two  members  at  least  of  such  board 
shall  be  of  military  rank  at  least  equal  to  that  of  the  officer 
to   be   examined.      The    commander-in-chief    may   also, 
when  in  his  opinion  it  is  necessary,  call  boards  of  officers 
for  settling  military  questions,  or  for  other  purposes  rela- 
tive to  good  order  and  discipline. 

Section  144.     In  this  chapter  the  word  ''soldier,"  shall  £°"^!.™f*'°,° "'^ 

.__  ,,  iTi*  WOl  QS        sot' 

mchide  musicians  and  all  persons  in  the  volunteer  or  en-  f'i«"and"com- 
roUed  militia  except  commissioned  officers,  and  the  word  ^^°^' 
"  company  "  may  include  battery. 

Section  145.     If  elders  or  overseers   of  a  society  of  P<=°^]|y^f°'' g'y- 
Quakers  or  Shakers  give  the  certificate  provided  in  the  cate  that  a  per. 


802  1873.— Chapter  313. 

son  is  a  Quaker,  tenth  SGctioii  to  a  persoii  who  does  not  profess  the  relig- 
ious faith  of  their  society,  or  who  is  not  a  member  thereof, 
or  who  is  not  conscientiously  scrupulous  of  bearing  arms, 
each  elder  or  overseer  so  offending  shall  forfeit  two  hun- 
dred dollars  to  the  use  of  the  Commonwealth,  and  be 
imprisoned  not  exceeding  six  months.  And  any  person 
claiming  to  be  exempted  from  enrolment  by  virtue  of  such 
a  certificate,  who  does  not  profess  the  religious  faith  or  is 
not  a  member  of  the  society  named  therein,  or  who  is  not 
conscientiously  scrupulous  of  bearing  arms,  shall  be  liable 
to  the  same  penalty. 

Penalty  on  civil       Section  146.     Civil  officers  named  lu  thls  chapter  neff- 

othcers.  i       j.-  c      •  ^  •  ••  'iti  * 

lectmg  or  reiusing  to  oljey  its  provisions  shall,  except  as 
otherwise  specially  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars. 
"Selectmen "to       SECTION  147.     The  pi'ovisious  of  this  chapter  concern- 

include  mayor       .  ,1  i     -i       ■  /•    1  i  /. 

and  aldermen.     iDg  the  powcrs  and  duties  01  the  selectmen  of  towns,  shall 

be  construed  to  include  the  mayor  and  aldermen  of  any 

city. 

Companies  may       Section  148.     A  compauy  may  remain  unattached  to 

tached  or  be  at-  auy  rcgimeiit,  brigade  or  division,  or  may  be  attached  to 

tached  to  divis-  i*i  !•••  1  •       J_^  ■     •  />ji 

ions  or  brigades,  a  brigade  or  division  whenever  in  the  opinion  of  the  com- 
mander-in-chief the  interests    of  the  service  require  it ; 
and  the  commanding  oiEcer  of  any  such  unattached  com- 
'  pany    shall  sign  the    warrants  of  the    non-commissioned 
officers   of  said  company,  who  may  have  been   duly  ap- 
jDointed,  and  any  warrant  so  signed  shall  be  in  all  respects 
valid  :  provided,  that  any  company  attached  to  a  brigade 
or  division  shall  be  subject  to  the  immediate  orders  of  the 
commander  of  the  brigade  or  division  to  which  such  com- 
pany may  be  so  attached,  according  to  the  provisions  of 
the  nineteenth  section  of  this  act. 
Citizens  above         Section  149.     No  citizcii  of  tlic  Commoiiwealth  above 
tive,  or  not  en-    the  age  of  foi'ty-fivc  ycai'S  shall  on  account  of  such  age, 
gibie  to°offlc°e!  '  be  ineligible  to  office  in  the  militia  nor  incapable  of  serv- 
ing in  a  volunteer  company,  and  no  citizen  of  the  Com- 
monwealth, otherwise  qualified,  shall  be  ineligible  to  office 
in  the  militia  from  not  having  been  enrolled  therein. 
Non-coniniis-  Section  150.     The  commander-iii-chief  may  dischar2:e 

610116(1  oiiicGrs  ^ 

and  soldiers  aiiy  iiou-commissioned  officer  or  soldier  on  application 
Si'a^ged  by  the  showiug  that  applicant  has  removed  from  the  state,  oris 
chi^firc^'ruin  physically  disabled,  disability  to  be  established  by  regi- 
cases.  mental  surgeon,  or  when  two-thirds  of  the  members  of  a 

company  desire  the  discharge  of  one  of  their  number  on 


1873.— Chapter  313.  803 

the  ground  of  his  being  habitually  troublesome,  and  of 
such  character  as  to  degrade  the  company  ;  and  the  com- 
mander-in-chief may,  whenever  in  his  opinion  the  interests 
of  the  service  require  it,  discharge  any  non-commissioned 
oflScer  or  private  of  a  volunteer  company  ;  in  all  cases 
facts  to  be  fully  set  forth  in  the  application  which  may 
come  from  any  company  officer,  to  be  forwarded  through 
proper  channels,  and  approved  by  intermediate  com- 
manders. 

Section  151.     Any  company  now  organized,  or  that  ^etoband^d^ 
may  hereafter  be  ororanized  under  the  provisions  of  law,  when  its  number 

V  kd  a  is  uclow  lortv- 

may  be  disbanded  and  their  officers  discharged  by  the  eight. 
commander-in-chief,  whenever  the  number  of  officers,  non- 
commissioned officers  and  privates  duly  enrolled  therein 
for  active  service  duty  shall  be  less  than  forty-eight : 
provided,  that  such  officers  shall  first  have  returned  or  Proviso. 
accounted  to  the  quartermaster-general  for  all  uniforms, 
arms,  equipments  and  other  property  belonging  to  the 
Commonwealth  for  which  they  may  be  responsible ;  and 
when  it  appears  to  the  commander-in-chief  that  a  company 
of  militia  has  failed  to  comply  with  the  requisitions  of  the 
law  in  matters  of  uniform,  equipment  and  discipline,  so 
that  it  is  incapacitated  to  discharge  the  duties  required  of 
it,  such  company  may  be  disbanded  by  the  commander-in- 
chief. 

Section  152.     It  shall  not  be  lawful  for  any  body  of  No^e  but  regu- 

,  111  11  •        -\  'arly  organized 

men  whatsoever,  other  than  the  regularly  organized  corps  companies  ai. 
of  the  volunteer  militia,  the  troops  of  the  United  States,  °'''*'  topa^a  e. 
and  the  ancient  and  honorable  artillery  company,  and  the 
veteran  artillery  association  of  Newburyport,  to  associate 
themselves  together  as  a  military  company  or  organiza- 
tion, or  to  parade  in  public  with  arms  in  any  city  or  town 
of  this  Commonwealth  without  the  license  of  the  governor 
thereof,  which  may  at  any  time  be  revoked ;  nor  shall  it 
be  lawful  for  any  city  or  town  to  raise  or  appropriate  any 
money  toward  arming,  equipping,  uniforming  or' in  any 
way  supporting,  sustaining  or  providing  drill-rooms  or 
armories  for  any  such  body  of  men  :  provided,  that  asso- 
ciations wholly  composed  of  soldiers  honorably  discharged 
from  the  service  of  the  United  States,  may  parade  in 
public  with  arms,  iqoon  the  reception  of  any  regiments  or 
companies  of  soldiers  returning  from  said  service,  and  for 
the  purpose  of  infiintry  escort  duty  at  the  burial  of 
deceased  soldiers,  having  first  obtained  the  written  per- 

42 


804  1873.— Chapter  313. 

mission  so  to  do  of  the  mayor  and  aldermen  or  selectmen 

of  the  cities  or  towns  in  which  they  desire  to  parade. 

Uiwfui  m^mtar"y        Section  153.     Whocver  oftends  against  the  provisions 

parades.  of  the  preceding  section,  or  belongs  to  or  parades  with 

any  such  unauthorized  body  of  men,  with  arms,  shall  be 

punished  by  a  fine  not  exceeding  the  sum  of  ten  dollars, 

or  by  imprisonment  in  the  house  of  correction  or  common 

jail  for  a  term  not  exceeding  six  months. 

The  ancirat^and      Section  154.     Nothing  contained  in  this  act  shall  be 

lery  company  to  coustrucd  as  afFcctiug  the  right  of  the  ancient  and  honora- 

contlnue  its  or-     ^  ■,  ..i,  ^       ,  •     j.    •         'j.  •       j.* 

ganization.  blc  artillery  company  to  manitam  its  organization  as  a 
military  company  according  to  ancient  usage,  and  agreea- 
bly to  the  provisions  of  its  constitution  and  by-laws,  pro- 
vided the  same  are  not  repugnant  to  the  laws  of  this 
Commonwealth,  or  do  not  restrain  the  lawful  parades  or 
exercise  of  the  active  militia. 
'^e'^fraf'^'bra*"  Section  155.  The  governor  shall  appoint  and  corn- 
pointed,  mission,  with  the  rank  of  brigadier-general,  a  judge-advo- 
cate-general, who  shall  be  skilled  in  the  law  and  in 
military  usages,  and  he  shall  hear  and  determine,  from 
time  to  time,  all  military  otiences  which  shall  be  brought 
before  him,  finding  the  facts  of  the  accusation  in  all  in- 
stances, andi^vhether  the  accused  is  guilty  or  not  guilty  of 
the  oflence  charged,  and  awarding  sentence  within  the 
limits  of  the  law,  which  findings  and  sentence  shall  be  by 
him  reduced  to  writing  and  forwarded  for  the  approval  of 
To  be  the  court-  the  commauder-iu-chief ;  and  said  judge-advocate-general 
militia.  shall  be  the  court-martial  of  the  militia.  In  case  of  ap- 
proval, said  judge-advocate-general  may  issue  his  warrant, 
under  his  hand  and  seal,  reciting  the  conviction  and  sen- 
tence, and  the  approval  of  the  governor,  and  directed  to 
the  sherifts,  deputy-sheriffs,  constables  and  jailers,  direct- 
ing execution  of  the  sentence  to  be  done  ;  which  warrant 
shall  be  executed  in  like  manner  as  a  Avarrant  or  execution 
from  a  court  of  criminal  jurisdiction  might  be. 

Said  judge-advocate-general  shall  hold  courts  as  may 
be  necessary,  and  at  such  times  as  the  commander-in-chief 
may  order,  and  said  courts  shall  be  continued  by  adjourn- 
ment till  the  cases  to  be  tried  are  disposed  of. 
Accusations  to  Seotion  156.  Evciy  accusatioii  against  any  officer  or 
charges  and  culistcd  man,  shall  be  in  the  form  of  charges  stating  the 
legal  nature  of  the  offence  imputed,  and  specifications  set- 
ting forth  the  particular  facts  constituting  the  offence, 
with  reasonable  clearness,  accuracy  and  conciseness,  and 


epeciflcations. 


1873.— Chapter  313.  805 

shall  be  signed  by  the  party  preferring  the  same,  and  en- 
dorsed witli  the  names  of  the  witnesses  to  the  facts  of  the 
specification  ;  and  no  accusation  shall  be  preferred  for  any 
act  occurring  more  than  two  years  previous. 

Sectiox  157.     When  an  accusation  is  preferred  against  ^'''^"^^f^Jg^W^^^f 
any  officer  or  enlisted  man,  it  shall  be  forwarded  through  it  reaches  a  bri- 
the  proper  channels,  until  it  reaches  a  brigade  or  division  fomm°andl7.'''°'^ 
commander,  who  shall  refer  it  to  his  judge-advocate  to  To  be  referred 
determine    if  the   accusation   is    in   proper  form,  and  to  cat^  ^^'^  '"" 
report  whether  or  not  it  is  expedient  to  prosecute  ;  and 
upon  receipt  of  his  report,  such  commander  shall  order 
the  prosecution  to  be  made,  or  not  to  be  made,  or  trans- 
mit the  accusation  and  report  for  instructions  as  may  seem 
expedient. 

And  in  case  a  prosecution  is  ordered,  the  accused  shall  ^rX^fd^^wuh 
be  furnished  with  a  copy  of  the  accusation  by  the  judge-  copy,  &c. 
advocate,  at  least  ten  days  before  his  trial,  and  may  be 
suspended  from  command  till  his  case  has  been  heard,  if 
the  brigade  commander  shall  so  determine,  or  in  extreme 
cases  may  be  j^laced  under  arrest  by  any  superior,  before 
an  accusation  is  preferred. 

Section  158.  The  judge-advocate-general  may  pre-  judge-advocate- 
serve  order  in  his  court  with  the  same  authority  as  a  court  punish  a^ofacer 
of  record,  and  on  any  accusation  against  an  ofiicer  may  pi^ifonm°Jn^&c. 
fine  him  not  exceeding  two  hundred  dollars,  and  sentence 
him  in  one  or  more  of  the  following  ways  :  to  be  repri- 
manded in  orders,  or  to  be  imprisoned  not  exceeding 
thirty  days,  or  to  be  dismissed  the  service  and  disqualified 
from  military  ofiice  for  life  or  for  a  term  of  years,  accord- 
ing to  the  nature  of  his  offence ;  and  on  an  accusation 
against  an  enlisted  man,  may  fine  him  not  exceeding  fifty 
dollars,  or  sentence  him  to  be  reprimanded  in  orders ;  or 
if  a  non-commissioned  officer  to  be  reduced,  or  to  be  dis- 
honorably discharged  according  to  the  nature  of  his 
offence.  The  judgment  of  disqualification  may,  after  ap- 
proval, be  reversed  in  the  whole  or  part  by  the  com- 
mander-in-chief,- but  all  other  parts  of  the  sentence,  when 
approved,  shall  remain  in  full  force. 

Section  159.     Every    commissioned    ofiicer    may    be  offences  for 
tried  for  the  following  ofiences :    for  unmilitary  or  un-  ^oned'^offlM?''*' 
oflicer-like  conduct  when  on  duty;    for  neglect  of  duty;  "^•''yt'e tried. 
for  disobedience  of  orders,  or  an  act  contrary  to  the  pro- 
visions of  this  chapter;  for  oppression  or  injury  of  any 
under  his  command;    for   a   combination   or  attempt  to 


806  1873.— Chapter  313. 

break,  resist  or  evade  the  laws  or  lawful  orders  given  to  a 
person,  or  advising  any  person  so  to  do ;  for  insult  to  a 
superior  officer  in  the  exercise  of  his  office  ;  for  presum- 
ing to  exercise  his  command  while  under  arrest  or 
suspension,  in  which  case,  if  guilty,  he  shall  be  removed 
from  office ;  for  neglect  or  refusal,  when  commanding 
officer,  to  order  out  the  troops  under  his  command  when 
required  by  law  or  ordered  by  his  superior  officer ;  for 
excusing,  as  commanding  officer  of  a  company,  any 
person  under  his  command,  for  deficiency  or  unnecessary 
absence,  or  after  the  expiration  of  the  time  allowed  by 
law ;  for  neglect  or  refusal  to  make  a  draft  or  detachment 
when  legally  ordered  to  do  so ;  for  neglect  or  refusal  to 
cause  prosecutions  to  be  commenced  for  fines,  when  it  is 
necessary  ;  for  parading  the  troops  under  his  command  on 
days  of  election,  contrary  to  law ;  for  receiving  any  fee 
or  gratuity,  as  surgeon  or  assistant-surgeon,  for  a  certifi- 
cate of  inability  to  do  military  duty ;  for  neglect,  when 
detailed  to  train  and  discipline  a  company,  to  make  com- 
plaint for  neglect  or  violation  of  duty  as  provided  by  law, 
or  for  any  other  neglect  for  which  a  commanding  officer  of 
the  company  would  be  liable  ;  for  neglect  or  refusal  to 
march,  to  make  a  draft,  or  for  disobedience  to  an  order, 
in  case  of  rebellion  or  insurrection,  as  provided  by  law,  in 
which  case  the  offender  shall  be  cashiered ;  for  refusal  or 
neglect  to  obey  a  precept  or  order  to  call  out  the  militia, 
or  an  order  issued  in  obedience  thereto,  in  case  of  tumult, 
riot  or  other  cause  as  provided  by  law,  or  for  advising  any 
officer  or  soldier  to  do  the  like,  in  which  cases  the  offender 
shall  be  cashiered,  besides  being  subject  to  fine  and 
imprisonment ;  or  for  any  other  conduct  unbecoming  an 
officer  and  gentleman,  or  to  the  prejudice  of  good  order 
and  military  discipline,  and  affecting  him  in  the  exercise 
of  his  office  or  ability  to  command  or  retain  the  respect  of 
those  under  him. 
Offences  for  SECTION  160.     Auv  culisted  man  maybe  tried  before 

which  an  enlist-     ,^  •      -,  ■,  ,  ^      r  t       ^       i^-  /»  i 

ed  man  may  be  thc  judge-advocate-geuerai  lor  disobedience  or  orders, 
disrespect  to  his  superiors,  mutiny,  exciting  or  instigating 
disrespect  to  the  constituted  authorities  of  the  state  or  of 
the  United  States,  or  conduct  to  the  prejudice  of  good 
order  and  military  discipline,  committed  while  on  duly  or 
under  arms,  or  participating  in  any  parade,  inspection, 
encampment,  drill  or  meeting,  which  shall  be  duly 
ordered  by  his  superior  officer,  or  prescribed  by  company 


tried. 


1873.— Chapter  313.  807 

constitution,  or  volunteered  by  vote  of  the  company  to 
which  he  belongs. 

Section  1(51.     All  fines  and  forfeitures  incurred  by  an  Enlisted  men 
enlisted  man  under  section  one  hundred   and   sixty-two  "JTied  forftnes 
may  be  prosecuted  for  by  complaint  of  commander  of  his  vocateof'the"''^" 
company    before   the  judge-advocate    of    the    brigade    in  brigade. 
which  said  company  belongs,  or  before  the  judge-advocate 
of   the   division  in  case   of   divisionary  corps,   and   said 
judge-advocate  shall  have  the  same  powers  with  regard  to 
such  prosecutions  as   municipal  courts  now  have.     And  t^'fuperio?^*^"^ 
from  the  sentence  of  any  such  judge-advocate  the  accused  <=o"''- 
may  appeal  to  the  next  term  of  the  superior  court  in  like 
manner  as  from  a  conviction  before  a  municipal  court,  in 
criminal  cases  ;  but  no  warrant  need  be  issued  to  bring 
the  offender  before  the  judge-advocate. 

Section  162.     Everv    enlisted    man    absent    without  Fines  for  ab- 

■^  •>!  1111        sence  from  duty. 

leave  from  duty,  when  legally  notihed  to  appear,  shall  be 
fined  as  follows,  with  costs :  For  absence  from  May 
inspection,  four  dollars.  For  absence  from  elementary 
drill,  three  dollars.  For  absence  from  encampment  or 
review,  for  each  day's  absence,  five  dollars.  For  absence 
from  special  duty  when  ordered  by  the  commander-in- 
chief,  for  each  day's  absence,  three  dollars.  For  absence 
from  any  parade,  meeting  or  other  service  prescribed  by 
company  constitution  or  duly  volunteered  by  vote  of  his 
company,  for  each  day's  absence,  three  dollars. 

And  every  enlisted   man    appearing   at   any  parade  or  For  deficiency 
drill  required  by  law  or  duly  volunteered,  deficient  in  all  forS^&c."'" 
or  any  of  the  arms,   ammunition,  equipment  or  uniform 
furnished  by  the  state,  or  unserviceable  or  in  bad  condition, 
if  from  his  own  neglect,  shall  forfeit  five  dollars. 

And  every  enlisted  man  who  without  order  or  unneces- 
sarily comes  to  parade  with  loaded  arms,  or  loads  upon 
duty,  or  discharges  his  piece  without  orders  either  upon 
or  on  the  way  to  or  from  his  tour  of  duty,  shall  forfeit 
not  less  than  five  nor  more  than  twenty  dollars. 

And  every  enlisted  man  neglecting  his  guard,  or 
quitting  his  post  of  duty,  shall  forfeit  two  dollars. 

In  lieu  of  said  fines,  enlisted  men  may  be  dishonorably  iniieuoffines 

T      1  -in  Ji  •  i.    •    1  •  1     1    •  enlisted  men 

discharged  Irom  the  service,  upon  trial,  as  provided  m  sec-  maybedishon. 
tion  one  hundred  and  sixty-one  ;  but,  in  case  of  sentence  charged/^ 
to  dishonorable  discharge,  there  shall  be  an  appeal  to  the 
judge-advocate-general.     Any  enlisted  man  so  discharged 
shall  be  debarred  from  holdinsf  office  in  the  militia. 


808 


1873.— Chapter  313. 


Fines  collected 
of  company  offi- 
cers and  men  to 
be  paid  into  the 
company  treas- 
ury. 


When  fines  are 
not  collected  on 
warrant,  &c., 
record  to  be  re- 
turned to  supe- 
rior court. 


Judge-advocate 
may  render 
judgment  in  al- 
ternative for  res- 
toration of  prop- 
erty  or  damages. 


Fees  of  prose- 
cuting officers. 


Fees  of  judge- 
advocates. 


Section  163.  All  fines  and  forfeitures  under  the 
militia  laws,  which  may  be  collected  of  company  officers 
or  of  men  shall  be  paid  into  the  treasury  of  the  company 
to  which  the  party  paying  the  fine  belongs,  for  the  general 
expenses  of  the  company.  All  other  fines  and  forfeitures 
shall  upon  collection  be  paid  into  the  treasury  of  the 
Commonwealth. 

Section  164.  Fines  and  forfeitures  not  collected  on 
warrant  or  execution  may  be  collected  b}^  returning  the 
record  of  conviction  before  the  judge-advocate-geueral  or 
judge-advocate  into  the  superior  court  for  the  county  in 
which  the  offence  occurred,  to  be  recorded,  and  issuing 
scire  facias  thereon. 

Section  165.  Prosecutions  by  commanders  of  com- 
panies to  recover  possession  of  state  or  company  property, 
wrongfully  withheld  by  any  person,  or  damages  for  the 
loss  or  injury  to  the  same  may  be  made  by  complaint, 
setting  forth  the  facts  and  the  value  of  the  property  and 
the  relief  demanded,  before  the  brigade  or  division  judge- 
advocate,  who  may,  if  the  nature  of  the  case  require, 
render  judgment  in  the  alternative  for  the  restoration  of 
the  property  or  for  liquidated  damages  to  be  paid  to  the 
prosecutor  for  the  use  of  the  state  or  company  entitled  to 
the  property  wrongfully  withlield,  lost  or  injured ;  and 
with  regard  to  such  cases,  the  judge-advocate  shall  have 
the  same  powers  as  a  municipal  court  Avould  have  in  civil 
cases,  and  the  parties  to  the  cause  the  same  rights  of 
appeal  or  otherwise,  and  execution  shall  be  issued  as  in 
civil  cases.  When  the  amount  in  dispute  is  beyond  the 
jurisdiction  of  municipal  courts,  prosecutions  under  this 
section  shall  be  brought  in  the  superior  court  of  the 
county  in  which  the  defendant  resides. 

Section  166.  Prosecuting  officers  shall  receive  the 
per  diem  of  officers  on  special  duty  and  the  docket-fee,  to 
be  paid  upon  certificate  of  the  judge-advocate-general,  or 
judge-advocate,  from  the  treasury  of  the  Commonwealth, 
on  approval  of  the  adjutant-general. 

Judge-advocates  shall  receive  for  the  cases  tried  before 
them  the  same  fees  as  trial  justices,  to  be  paid  from  the 
treasury  of  the  Commonwealth  on  their  certificate  and 
affidavit.  Witnesses  and  process  officers  shall  be  paid  at 
the  same  rate  as  witnesses  and  process  officers  in  courts  of 
law  on  the  certificate  of  the  judge-advocate  from  the 
treasury  of  the  Commonwealth,  on  the  approval  of  the 
adj  utaut-general . 


1873.— Chapter  313.  809 

Section  167.     Costs  of  prosecution  shall  in  cases  of  cuuon°^'^''°*^' 
conviction  be  at  the  same  rates  as  in  the  criminal  courts, 
and  a  docket-fee  of  four  dollars  shall  in  all  cases  be  taxed 
to  the  prosecuting  officer  for  each  day  spent  in  the  trial. 

Section  168.     The  judge-advocate-general  or  a  judge-  judge-advocate- 
advocate  may  be  detailed  by  the  commander-in-chief  to  detaTduT at^** 
attend  any  encampment,   and  shall  have  during  the  en-  ^"^jg'  encamp. 
campment  within  the  encampment,  and  for  a  distance  of 
one   mile    from   the    guard-line    the    jurisdiction    of    a 
municipal  court  over  all  offences  committed  in  said  time. 

Section  169.     Any     officer,     band-master     or     other  Penalty  on  om. 

Tj_  i  11  n  .  /.  cer  or  other  per- 

person  required  to  muster  and  make  rolls  or  returns  ot  eon  neglecting 
men   or   property,  neglecting   the   same,   shall   be   fined  makeroiL^aud 
twenty-five  dollars,   and  if   an  inspecting   or   mustering  returns. 
officer,   seventy-five   dollars ;    and   any   officer    or   band- 
master making  a  false  nuister-roll  or  return  of  men  or 
property  shall  forfeit  one  hundred  dollars,  and  if  a  muster- 
ing or  inspecting  officer,  three   hundred    dollars,    to    be 
recovered  on  complaint  of  the  officer  to  whom  the  return 
is   due,    before   the    judge-advocate-general,     subject    to 
appeal  to  the  superior  court  of  the  county  in  which  the 
defendant  resides. 

Section  170.     In   time   of    insurrection,    invasion    or  Powers  of 
active  service  within  the    state,   the    commander-in-chief  general  may  be" 
may  confer  the  powers   of  judge-advocate-general   or  of  auotbV/officer" 
judge-advocate  upon  any  officer  serving  with  troops,   or  rec't?on,*'&c?*"'^" 
may  order  military  ofiences  to  be  tried  as  provided  in  the 
United  States  service. 

Section  171.  Chapters  two  hundred  and  nineteen  of  the  k^p^^i- 
acts  of  eighteen  hundred  and  sixtj^-six  ;  two  hundred  and 
sixty-six  of  the  acts  of  eighteen  hundred  and  sixty-seven  ; 
two  hundred  and  five  and  three  hundred  and  thirty-two  of 
the  acts  of  eighteen  hundred  and  sixty-nine  ;  two  hundred 
and  ninety-eight  of  acts  of  eighteen  hundred  and  seventy  ; 
one  hundred  and  ten,  one  hundred  and  eighty-seven  and 
two  hundred  and  ninety-eight  of  acts  of  eighteen  hundred 
and  seventy-two,  and  all  other  acts  and  parts  of  acts 
inconsistent  with  the  provisions  of  this  act,  are  repealed  ; 
but  this  section  shall  not  be  construed  as  reviving  or  in 
any  manner  restoring  any  former  acts  or  parts  of  acts 
inconsistent  with  the  provisions  of  this  act,  that  were 
repealed  by  either  of  the  chapters  herein  before  named. 

Section  172.     This  act  shall  take  effect  upon  the  first  ^^t"'*'*^'''" 
day  of  June  next.  Approved  May  29, 1873. 


810 


1873.— Chapter  314. 


West  Roxbury 
annexed  to  Bos- 
ton, and  to  be- 
come part  of 
SuffolJi  county. 


Proviso. 


Election  of 
members  of 
legislature, 
councillor  and 
member  of  con- 
gress. 


Ch       314:     ^^  ^^^   ^^  UNITE   THE   CITY   OF   BOSTON    AND   THE   TOAYN   OF  WEST 

KOXBURY. 

Be  it  enacted,  &c.,  asfolloxvs: 

Section  1.  All  the  territory  now  comprised  within 
the  limits  of  the  town  of  West  Roxbiuy  in  the  county  of 
Norfolk,  with  the  inhabitants  and  the  estates  therein,  is 
annexed  to  and  made  part  of  the  city  of  Boston  in  the 
county  of  Suffolk,  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  immunities  in  all  respects  as  the  said  city  of  Boston  : 
jprovided,  hoivever,  that  until  constitutionally  and  legally 
changed,  said  territory  shall  continue  to  be,  for  the 
purpose  of  electing  members  of  the  house  of  representa- 
tives, part  of  the  county  of  Norfolk,  constituting  the 
second  representative  district  thereof;  for  the  purpose  of 
electing  a  senator,  part  of  the  first  Norfolk  senatorial 
district ;  for  the  purpose  of  electing  a  councillor,  part  of 
the  third  council  district,  and  for  the  purpose  of  electing 
a  representative  in  congress,  part  of  congressional  district 
number  eight,  as  the  same  is  now  constituted. 

All  the  duties  now  required  by  law  to  be  performed  by 
the  selectmen  and  town  clerk  of  said  town,  or  either  of 
them,  pertaining  to  the  election  of  representatives  in 
congress,  state  councillors,  senators  and  meml)crs  of  the 
house  of  representatives,  shall  in  like  manner  devolve 
upon  and  be  performed  by  the  board  of  aldermen  and 
city  clerk  of  said  city. 

It  shall  l)e  the  duty  of  the  ward  officers  of  the  ward, 
erected  out  of  said  territory  as  hereinafter  provided,  to 
make  to  the  city  clerk  of  said  city  a  return  of  all  votes 
that  may  be  cast  therein,  from  time  to  time,  for  repre- 
sentatives in  congress,  state  councillors,  senators,  members 
of  the  house  of  representatives,  and  for  all  other  national, 
state,  district,  county,  municipal  and  ward  officers. 

Section  2.  All  the  public  property  of  said  town  shall 
be  vested  in  and  is  declared  to  l3e  the  property  of  said 
city.  And  said  city  shall  succeed  to  all  the  rights,  claims, 
causes  of  action,  rights  to  uncollected  taxes,  liens,  uses, 
trusts,  duties,  privileges  and  immunities  of  said  town. 
The  town  treasurer  of  said  town  on  or  before  the  second 
Monday  of  January,  in  the  year  eighteen  hundred  and 
seventy-four,  under  the  direction  of  the  selectmen  of  said 
town,  who  shall  for  this  purpose  and  for  all  other  pur- 


Duties  of  select- 
men, town  clerk 
and  ward  offi- 
cers. 


Public  property 
to  be  vested  in 
Boston. 


Treasurer  of 
West  Roxbury 
to  turn  over 
property,  &c.,  to 
treasurer  of  Bos- 
ton. 


1873.— Chapter  314.  811 

poses  necessaiy  to  cany  into  full  effect  the  provisions  of 
this  act,  continue  to  hold  their  offices,  shall  transfer, 
deliver,  pay  over  and  account  for  to  the  city  treasurer  of 
said  city,  all  books,  papers,  moneys  and  other  property  in 
his  possession  as  town  treasurer  of  said  town  when  this 
act  takes  effect ;  and  said  city  shall  become  liable  for  and 
subject  to  all  the  debts,  obligations,  duties,  responsibilities 
and  liabilities  of  said  town.  All  actions  and  causes  of 
action  which  may  be  pending,  or  which  shall  have  accrued 
at  the  time  this  act  takes  effect,  in  behalf  of  or  against 
said  town,  shall  survive,  and  may  be  prosecuted  to  final 
judgment  and  execution  in  behalf  of  or  against  said  city. 

Sectiox  3.     The  several  courts  within  the  county  of  J"''f^'5''°"  °^ 

*j       ■      courts  in  A  or- 

Suffolk,  except  the  municipal  court  for  the  southern  fo'k:"i<isiifioik 
district  of  the  city  of  Boston,  and  the  municipal  court  of 
the  Dorchester  district,  after  this  act  takes  effect,  shall 
have  the  same  jurisdiction  over  all  causes  of  action  and 
proceedings  in  civil  causes,  and  over  all  matters  in  probate 
and  insolvency,  which  shall  have  accrued  within  said 
territory  hereby  annexed,  that  said  courts  now  have  over 
like  actions,  proceedings  and  matters  within  the  county  of 
Suffolk :  provided,  that  the  several  courts  within  the 
county  of  Norfolk  shall  have  and  retain  jurisdiction  of  all 
actions,  proceedings  and  matters,  that  shall  have  been 
rightfully  commenced  in  said  courts  prior  to  the  time  when 
this  act  takes  effect ;  and  the  supreme  judicial  court  and 
the  superior  court  wdthin  the  county  of  Suliblk,  after  this 
act  takes  effect,  shall  have  the  same  jurisdiction  of  all 
crimes,  offences  and  misdemeanors  that  shall  have  been 
committed  within  the  said  territory,  that  the  supreme 
judicial  court  and  superior  court  within  the  county  of 
Norfolk  now  have  :  but  if  before  this  act  takes  effect, 
proceedings  shall  have  been  commenced  in  any  of  the 
courts  within  the  county  of  Norfolk,  for  the  prosecution 
of  said  crimes,  offences  and  misdemeanors,  the  said  courts 
within  the  county  of  Norfolk  shall  have  and  retain 
jurisdiction  of  the  same  for  the  full,  complete  and  final 
disposition  thereof.  All  suits,  actions,  proceedings,  com- 
plaints and  prosecutions,  and  all  matters  of  prol)ate  and 
insolvency  which  shall  be  pending  within  said  territory 
before  any  court  or  justice  of  the  peace,  when  this  act 
takes  effect,  shall  be  heard  and  determined  as  though 
this  act  had  not  passed. 

43 


812  1873.— Chapter  314. 

^artofdytri^*^  Section  4.  Said  territory  shall  be  added  to  and 
under  jurisdic-  coustitute  a  part  of  the  judicial  district  under  the  jurisdic- 
parcourtof"Bo8-  tion  of  the  municipal  court  of  the  city  of  Boston.  Said 
^°°'  court  shall  have  the  same  civil  and  criminal  jurisdiction  in 

said  territory  as  it  now  has  by  law  in  its  district  as  it  now 

exists. 
To  constitute  SECTION  5.     The  Said  territory  shall  constitute  a  ward 

ward  seventeen        n     ■,  .  t,  -n  iiii 

ofBoBtou.  of  the  City  of  Boston  to  be  called  w^ard   seventeen,  and 

shall  so  remain  until  the  alteration  of  the  ward  limits  of 
the  city  of  Boston,  provided  by  law,  and  the  ward  so 
established  shall  be  entitled  to  all  the  municipal  and  ward 
officers  to  which  each  of  the  other  wards  of  said  city  is 
entitled,  except  as  hereinafter  provided. 

ward^offlcers  to  SECTION  6.  If  this  act  sliall  be  acccptcd  as  hereinafter 
provided,  said  territory  shall,  after  the  fourth  day  of 
November  in  the  year  eighteen  hundred  and  seventy- 
three,  constitute  a  ward  of  said  city,  to  be  called  ward 
seventeen,  for  all  the  purposes  mentioned  iu  this  section 
and  in  section  seven  of  this  act.  And  the  board  of 
aldermen  of  said  city  shall,  in  due  season,  issue  their 
warrant  for  a  meeting  of  the  legal  voters  of  said  ward,  to 
be  held  on  the  second  Monday  of  December  in  the  year 
eighteen  hundred  and  seventy-three,  at  some  place  within 
said  ward,-  which  shall  be  designated  in  said  warrant, 
there  first  to  choose  a  warden,  clerk  and  five  inspectors 
of  elections  for  said  ward,  who  shall  hold  their  offices 
until  the  first  Monday  of  January  in  the  year  eighteen 
hundred  and  seventy-four,  and  until  others  shall  be 
chosen  and  qualified  in  their  stead  ;  second,  to  give  in 
their  ballots  for  the  several  municipal  and  ward  officers  for 
the  year  eighteen  hundred  and  seventy-four,  for  which 
the}^  shall  be  entitled  to  vote  by  virtue  of  the  provisions 
of  this  act. 

School  commit-  Xhc  votcTS  of  Said  Ward  shall  designate,  by  their  ballots 
cast  at  said  meeting,  the  term  of  service  for  which  each  of 
the  six  school  committee  men  Avho  shall  be  chosen  in  said 
ward,  shall  serve,  so  that  two  of  the  number  so  chosen 
shall  serve  for  three  years,  two  for  two  years,  and  two  for 
one  year.  The  board  of  aldermen  of  said  city  shall  pre- 
pare lists  of  all  the  legal  voters  in  said  ward,  to  be  used 
at  said  meeting,  and  shall  do  all  other  things  which  they 
are  now  by  laAV  required  to  do  in  respect  to  like  elections 
in  other  wards  of  said  city ;  and  at  said  meeting,  any 
legal  voter  of  said  w^ard  may  call  the  citizens  to  order. 


tee, 


1873.— Chapter  314.  .  813 

and  preside  until  a  warden  is  chosen  and  qualified.     All 
Avard  officers  whose  election  is  provided  for  in  the  pre- 
ceding section,  shall  be  qualified  according  to  law.     The  citizens  may 
citizens  of  said  territory  shall  have  the  same  right  to  vote  dpai  offl"eTof 
for  municipal  officers,  at  the  annual  municipal  election  in  Boston  in  is-s. 
said  city,  in  the  year  eighteen  hundred  and  seventy-three, 
as  they  would  have  had  if  said  territory  had  formed  part 
of  said  city  for  more  than  six  months  next  before  said 
election. 

Section  7.     After    the   present    municipal    year    the  Entitled  to  two 
board  of  aldermen  of  the  city  of  Boston  shall  consist  of  common^coim-'' 
twelve   members,    and     in    addition    to    the    number  of  "^* 
mem])ers  of  the  common  council  otherwise  provided  for 
by  law,  the  territory  hereby  annexed  shall  be  entitled  to 
elect  two  members  of  said  council. 

Sectiox  8.     The  several  police  officers,  watchmen  and  Police  officers, 

^  .  f^         .  .  -,  ^,  ,.  no  wixtcnmen  and 

firemen  in  office  in  said  town  when  this  act  takes  enect,  liremen  to  con- 
shall  thereafter  continue  in  the  discharge  of  their  respec-  charge  of  their 
tive  duties,  in  the  same  manner  as  if  they  were  police 
officers,   watchmen  or  firemen  of  said  city,  until  others 
are  appointed  in  their  stead. 

Section  9.     All  the  interest  which  said  town  now  has  interest  in  coun. 
in    the    public   property    of    the    county    of   Norfolk,    is  iLsId^to^Nor!" 
released  and  acquitted  to  said  county  of  Norfolk.     Such  f""'««"°ty- 
portion  of  the    debts    and    obligations    of  the  county  of 
Norfolk,  existing  when  this  act  takes  fall  effect,  over  and 
above  the  value   of   all  the  property  belonging   to    said 
county,  as  should  proportionally  and  equitably  be  paid  by 
the  inhabitants  and  property  owners  of  said  territory  l)y 
this  act  annexed  to  said  city,  shall  be  paid  by  said  city  to  Boston  to  pay 
said  county  of  Norfolk ;    and  the  supreme  judicial  court  T/de'bt'^^oTNor. 
shall  have  jurisdiction  in  equity  to  determine  the  amount  ^""^°°™*y- 
(if  any),  and   enforce  the  payment  of  the  same  upon  a 
suit  ill  equity  in  the  name  of  said  county,  to  be  brought 
therefor  within  six  months  after  this  act  goes  into  full 
operation,  by  the  county  commissioners  of  said  county  of 
Norfolk,  if  they  deem  such  suit  for  the  interest  of  said 
county ;   but  no    such    suit  shall  be    instituted  after  said 
six  months. 

Nothing  contained  in  this  act  shall  impair  the  obliga-  obligation  of 
tioii  of  contracts  ;  and  the  property  and  the  inhabitants  of  be'imparred. 
said  territory  shall  continue  liable  to  the  existing  creditors 
of  the  county  of  Norfolk  in  like  manner  as  if  this  acl;  had 
not  been  passed :  jprovided^  that  if  any  person,  by  reason  Proviso. 


su 


1873.— Chapter  314. 


of  bis  being  an  inbabitant  of  or  owning  property  in  said 
territory,  sball  be  compelled  to  pay  any  part  of  an 
existing  debt  or  obligation  of  tbe  county  of  Norfolk,  the 
amount  of  such  payment  shall  constitute  a  debt  to  him 
from  said  county  as  hereafter  to  be  constituted,  exclusive 
of  said  territory,  and  may  be  recovered  in  like  manner  as 
other  debts  against  the  county  of  Norfolk. 
Subject  to  ac-  SECTION  10.     This  act  sliall  not  take  full  effect  unless 

majority  vote  of  acccptcd  by  a  majority  of  the  legal  voters  of  the  city  of 
anrBos'ton!^'^^  Bostou  prcscut  and  voting  thereon  by  ballot,  at  meetings 
which  shall  be  held  in  the  several  wards  of  said  city,  and 
also  by  a  majority  of  the  legal  voters  of  the  town  of  West 
Roxbury,  present  and  voting  thereon  by  ballot,  at  a 
meeting  which  shall  be  held  in  said  town.  All  said  meet- 
ings shall  be  held  simultaneously  on  the  seventh  day  of 
October  of  the  present  year,  and  upon  notice  thereof  duly 
given  at  least  seven  days  before  the  time  of  said  meetings  ; 
and  the  polls  shall  be  opened  at  nine  o'clock  in  the  fore- 
noon of  said  day,  and  shall  be  closed  at  six  o'clock  in  the 
afternoon.  In  case  of  the  absence  of  any  ward  officer  at 
any  ward  meeting  in  said  city,  held  for  the  purpose 
aforesaid,  or  of  any  of  the  selectmen,  or  of  the  town 
clerk,  at  any  meeting  in  said  town  held  for  said  purpose, 
a  like  officer  may  be  chosen,  pi'o  tempore,  by  hand  vote, 
and  shall  be  duly  qualified,  and  shall  have  all  the  powers, 
and  be  subject  to  all  the  duties  of  the  regular  officer  at 
said  meetings.  Said  ballots  shall  be  "j^es"  or  "no,"  in 
answer  to  the  question,  "Shall  an  act  passed  by  the 
legislature  of  this  Commonwealth,  in  the  year  eighteen 
hundred  and  seventy-three,  entitled  'An  Act  to  unite  the 
City  of  Boston  and  the  Town  of  West  Roxbury,'  be 
accepted?"  Such  meeting  in  said  town  shall  be  called, 
notified  and  warned  by  the  selectmen  of  said  town,  in 
the  same  manner  in  which  meetings  for  the  election  of 
town  officers  in  said  town  are  called,  notified  and  warned  ;  and 
such  meeting  in  the  city  of  Boston  shall  be  called,  notified 
and  warned  by  the  board  of  aldermen  of  said  city  in  the 
same  manner  in  which  meetings  for  the  election  of  muni- 
cipal officers  in  said  city  are  called,  notified  and  warned. 

The  ballots  shall  be  assorted,  counted  and  declared  in 
the  ward  meetings  in  which  they  are  given  in  the  city  of 
Boston,  in  open  ward  meeting,  and  shall  be  registered  in 
the  ward  records  ;  and,  in  the  town  of  West  Roxbury, 
the  ballots  shall  be  assorted,  counted  and  declared  in  open 


Result  of  ballot- 
ing to  be  re- 
corded. 


1873.— Chapter  314.  815r 

town  meetins:,  and  shall  be  recorded  upon  the  records  of 
the  town.  The  clerk  of  each  ward  in  the  city  of  Boston 
shall  make  return  of  all  ballots  given  in  his  ward,  and  the 
number  of  ballots  in  ftivor  of  the  acceptance  of  this  act, 
and  the  number  of  ballots  against  said  acceptance,  to  the 
board  of  aldermen  of  said  cit}^ ;  said  returns  to  be  made 
within  forty-eight  hours  of  the  close  of  the  polls. 

It  shall  be  the  duty  of  the  board  of  aldermen  of  said  Returns  to  be 

'J  ,  /.111  made  to  secre- 

city,  to  certify,  as  soon  as  may  be,  the  uumoer  ot  ballots  taiyoftheCom.- 
cast  in  said  city,  and  the  number  of  ballots  cast  in  favor  of 
the  acceptance  of  this  act,  and  the  number  of  ballots  cast 
against  said  acceptance,  to  the  secretary  of  the  Common- 
wealth. 

The  selectmen  and  town  clerk  of  the  town  of  West 
Eoxbury  shall,  as  soon  as  may  be,  make  a  like  return  of 
the  ballots  cast  in  said  town,  and  the  number  of  ballots 
cast  in  favor  of  acceptance  of  this  act,  and  the  number  of 
ballots  cast  against  said  acceptance,  to  the  secretary  of  the 
Commonwealth . 

And  if  it  shall  appear  that  a  maiority  of  the  votes  cast  Secretaryto 

.,.  -,'■'■,.  f     ^  .  •!  issue  certificate 

m  said  city,  and  a  majority  of  the  votes  cast  in  said  town,  if  act  is  accepted. 
respectively,  are  in  favor  of  the  acceptance  of  this  act,  the 
said  secretary  shall   immediately  issue    and   publish   his 
certificate,  declaring  this  act  to  have  been  duly  accepted. 

Section  11.     So  much  of  this  act  as  authorizes  and  fart  of  act  to 

.      .  .  ^  «  take  eflrect  upon 

directs  the  submission  of  the  question  of  acceptance   of  its  passage, 
this  act  to  the  legal  voters  of  said  city  and  said  town, 
respectively,  provided  for  in  the  tenth  section  of  this  act, 
shall  take  effect  upon  its  passage. 

Sectiox  12.  If  this  act  shall  be  accepted  as  herein  when  to  take- 
provided,  it  shall  take  effect  on  the  fifth  day  of  November,  edf'^^'^  «ccept- 
in  the  year  eighteen  hundred  and  seventy-three,  so  far  as 
to  authorize,  legalize  and  carry  into  effect  the  acts  and 
provisions  of  the  sixth  and  seventh  sections  of  this  act ; 
but  for  all  other  purposes  (except  as  mentioned  in  section 
eleven  of  this  act) ,  it  shall  take  effect  on  the  first  Monday 
of  January,  in  the  year  eighteen  hundred  and  seventy- 
four. 

Section  13.     If  any  election   or  balloting   upon   the  Proceedings  in 
question  of  the  acceptance  of  this  act,  by  either  said  city  dare  balloting 
or   said   town,    shall   within   two   months   thereafter    be  ''°^^' 
declared  void  by  the  supreme  judicial  court,  upon  sum- 
mary proceedings,  which  may  be  had  in  an}^  county  on  the 
petition  of  fifty  voters  of  either  said  city  or  said  town, 


816 


1873.— Chapter  315. 


Ch.   315. 


Tax  upon  bank 
shares  to  be 
assessed  to 
owners  In  towns 
where  bank  is 
located. 


Bank  to  pay 
taxes  to  collec- 
tor of  town 
where  bank  is 
located. 


the  question  of  accepting  siiid  act  shall  be  again  submitted 
to  the  legal  voters  of  said  city  or  town,  and  a  meeting 
therefor  shall  within  thirty  days  thereafter  be  called,  held 
and  conducted,  and  the  votes  returned  and  other  pro- 
ceedings 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  May  29, 1873. 

An  Act  relatlng  to  the  taxation  of  bank  shares. 
Be  it  enacted,  (fee,  as  follows: 

Section  1.  All  the  shares  of  stock  in  banks,  whether 
of  issue  or  not,  existing  by  authority  of  the  United  States, 
or  of  this  Commonwealth,  and  located  within  this  Com- 
monwealth, including  shares  in  the  capital  stock  of  the 
Mercantile  Savings  Institution  in  the  city  of  Boston,  shall 
be  assessed  to  the  owners  thereof  in  the  cities  or  towns 
where  such  banks  are  located,  and  not  elsewhere,  in  the 
assessment  of  all  state,  county  and  town  taxes  imposed 
and  levied  in  such  place  by  the  authority  of  law,  whether 
such  owner  is  a  resident  of  said  city  or  town  or  not,  at  the 
fair  cash  value  of  such  shares  on  the  first  day  of  May  of 
the  year  in  which  the  tax  shall  be  assessed,  first  deducting 
therefrom  the  proportionate  part  of  the  value  of  the  real 
estate  belonging  to  the  bank,  at  the  same  rate,  and  no 
greater,  than  that  at  which  other  moneyed  capital  in  the 
hands  of  citizens  and  subject  to  taxation  is  by  law  as- 
sessed. And  the  persons  or  corporations  who  appear 
from  the  records  of  the  banks  to  be  the  owners  of  shares 
at  the  close  of  the  business  day  next  preceding  the  first 
day  of  May  in  each  year,  shall  be  taken  and  deemed  to 
be  the  owners  thereof  for  the  purposes  of  this  section. 

Section  2.  It  shall  be  the  duty  of  every  such  bank  or 
other  corporation  to  pay  to  the  collector  or  other  person 
authorized  to  collect  the  taxes  of  the  city  or  town  in  which 
such  bank  or  other  corporation  is  located,  at  the  time  in 
each  year  when  other  taxes  assessed  in  the  said  city  or 
town  become  due,  the  amount  of  the  tax  so  assessed  in 
such  year  upon  the  shares  in  such  bank  or  other  corpora- 
tion. If  such  tax  shall  not  be  so  paid,  the  said  bank  or 
other  corporation  shall  be  liable  for  the  same ;  and  the 
said  tax,  with  interest  thereon  at  the  rate  of  twelve  per 


1873.— Chapter  315.  817 

centum  per  annum  from  the  day  when  the  tax  became 
due,  may  be  recovered  in  an  action  of  contract  brought 
by  the  treasurer  of  such  city  or  town. 

Section  3.     The  shares  of  such  banks  or  other  cor- corporation  to 
porations  shall  be  subject  to  the  tax  paid  thereon  by  the  shires  for^taxes 
corporation  or  the  olficers  thereof,   and  the    corporation  ^^"^• 
and  the  officers  thereof  shall  have  a  lien  on  all  the  shares 
in  such  bank  or  other  corporation,  and  on  all  the  rights 
and  property  of  the  shareholders  in  the  corporate  property 
for  the  payment  of  said  taxes. 

Section  4.     Assessors  of  cities   and  towns  in  which  Rate  of  taxation 

-     ,         ,  1         1   •  •    j_'  •       1  J.     1     i?        i'l  places  where 

any  national  bank  or  banking  association  is  located,  tor  bauka  are  locat- 
the  purpose  of  ascertaining  the  rate  at  which  taxes  shall  ^^' 
be  assessed,  shall  omit  from  the  valuation  upon  which  the 
rate  is  to  be  based,  the  value  of  all  shares  held  by  non- 
residents of  said  cities  and  towns,  and  no  tax  of  any  city 
or  town  shall  be  invalidated  by  reason  of  any  excess  of 
the  amount  thereof  over  the  amount  to  be  raised  in  con- 
sequence of  the  provisions  of  this  act. 

Section  5 .     It  shall  be  the  duty  of  the  cashier  of  every  cashier  to  make 
such  bank  to  make  and  deliver  to  the  assessors  of  the  city  loAlsclslr^t^ 
or  town  in  which  such  bank    is  located,  on  or  before  the  "ha"ehofders°^ 
tenth  da}^  of  jNlay  in  each  year,  a  statement  veriried  by 
the  oath  of  such  cashier  showing  the  name  of  each  share- 
holder, with  his  residence  and  the  number  of  shares  be- 
longing to  him  at  the  close  of  the  business  day  next  pre- 
ceding the  first  day  of  May,  as  the  same  then  appeared 
on  the  books  of  said  bank.     In    case   the   cashier  shall  Assessors  to  oh- 

J?    xi  'j.       tain  list  of  share- 

fail  to    make    such    statement,   the    assessors  ot   the  city  holders  if  cash-  . 

or  town  in  which  the   bank   is   located    shall   forthwith ,  ^^'^  "^^ '^'^  *' 

upon  such  failure,  proceed  to  obtain  a  list  of  shareholders, 

with  the  residence  of  and  number  of  shares  belonging  to 

each. 

In  either  case  the  assessors  of  each  city  and  town  shall.  Assessors  to 

T     ,     1  ix*'  iTi_  j_j_  J.J.  transmit  state- 

immediately  upon  obtaining  such  list  or  statement,  trans-  mentto  tax  com- 
mit to  the  tax  commissioner  a  true  copy  of  the  same,  and  °"«*'°'^«''- 
shall  further,  by  notice  in  writing,  inform  saitl  commis- 
soner  of  the  rate  per  centum  upon  the  valuation  of  the 
city  or  town  of  the  total  tax  in  such  city  or  town  for  the 
year,  immediately  upon  the  ascertainment  thereof,  and 
also  of  the  amount  assessed  upon  the  shares  of  each  bank 
located  therein,  under  the  provisions  of  this  act. 

Section    6.     Said   commissioner   shall   thereupon,    as  commissioner 
soon  as  may  be,  determine  from  the  returns  provided  for  amount™f°offset 


818 


1873.— Chapter  315. 


agaiust  pay- 
ments to  be 
made  to  the 
town. 


Conimisslonev 
to  determine 
amount  which 
shall  become  a 
credit  to  town. 


Commissioner 
to  inform  asses- 
sors of  the  ag- 
gregate amount 
of  charges  and 
credits. 


Right  of  appeal 
from  determina- 
tion of  assessor. 


Commissioner 
to  certify  to  state 
treasurer  aggre- 
gate amount  of 
charges  and 
credits. 


by  section  five  of  this  act,  and  otherwise,  the  proportionate 
amount  of  the  tax  so  assessed  upon  the  shares  in  each  of 
said  banks  which  has  been  assessed  upon  shares  w^hich 
according  to  the  provisions  of  chapter  eleven  of  the  Gen- 
eral Statutes  would  not  be  taxable  in  said  city  or  town, 
which  amounts,  as  finally  determined  under  the  provis- 
ions of  this  act,  shall  be  a  charge  to  said  city  or  town  as 
an  offset  against  any  payments  to  be  made  from  the 
treasurer  of  the  Commonwealth  to  said  city  or  town. 

Section  7.  Said  commissioner  shall,  in  like  manner, 
determine  the  proportionate  amount  of  tax  so  assessed 
upon  shares  in  each  of  said  banks,  which,  according  to 
the  provisions  of  chapter  eleven  of  the  General  Statutes, 
would  be  taxable  in  each  city  or  town  in  this  Connnon- 
wealth  other  than  that  in  which  the  bank  is  located,  which 
amounts,  as  finally  determined  under  the  provisions  of 
this  act,  shall  become  a  credit  to  such  city  or  town. 

Section  8.  Said  commissioners  shall,  by  written  or 
printed  notice,  delivered  at  the  assessors'  office  or  sent  by 
mail,  inform  the  assessors  of  each  city  or  town  aftected 
thereby,  of  the  aggregate  amount  of  charges  and  credits 
agaiust  and  in  favor  of  such  city  or  town  under  the  sixth 
and  seventh  sections  of  this  act,  as  determined  by  him, 
forthAvith,  upon  the  determination  thereof.  From  this 
determination  an  appeal  may  be  made  by  said  assessors, 
within  ten  clays  from  the  date  of  said  notice,  to  the  board 
of  appeal  created  under  the  thirteenth  section  of  the  two 
hundred  and  eighty-third  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-five,  which  board  shall  hear 
such  appeal,  decide  the  matter  in  question,  and  notify 
said  commissioner  and  the  party  appealing  thereof,  and 
their  decision  shall  be  final. 

Section  9.  Said  commissioner  shall,  at  the  expiration 
of  ten  days  after  notice  given,  as  provided  in  section 
eight,  or  upon  being  informed  of  the  decision  of  the 
board  of  appeal,  if  an  appeal  is  made,  certify  to  the 
treasurer  and  receiver-general  the  aggregate  amount  of 
charges  mentioned  in  section  six  against  each  city  and 
town  iu  the  Commonwealth,  and  also  the  aggregate  of 
credits  mentioned  in  the  seventh  section  in  favor  of  each 
city  or  town,  as  finally  determined  under  the  provisions 
of  sections  six,  seven  and  eight,  and  the  treasurer  shall 
thereupon  withhold  out  of  any  sums  of  money  which  are 
or  may  become  payable  out  of  the  state  treasury  to  any 


1873.— Chapter  315.  819 

city  or  town  against  which  a  charge  is  certified,  the 
amount  so  certified ;  and  shall  allow  or  pa}^  over  to  each 
city  or  town  in  favor  of  which  a  credit  is  certified  the 
amount  so  certified. 

Section  10.     In  the  adjustment  and  determination  of  ^n"°^r"cen?um 
amounts  due  under  the  provisions   of  this   act,  an  allow-  ^"gJ^Xgand^ 
ance  of  one  per  centum  upon  the   amount  assessed  and  collecting  tax. 
collected  under  this  act  shall  be  made  for  the  expenses  of 
assessing  and  collecting  the   same,  and  no   city  or  town 
shall  be  entitled  to  any  allowance  of  credits  or  payments 
under  this  act,  or  under  the  two  hundred  and  eighty-third 
chapter   of  the  acts   of  the  year  eighteen  hundred  and 
sixty-five,  in  any  year,  until  the  assessors  thereof  shall 
have  complied  with  the  requirements  of  this  act. 

Section  11.  Chapter  three  hundred  and  twenty-one  Repe'-^i  of  1872, 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-two 
is  repealed,  but  this  repeal  shall  not  revive  any  former 
acts  by  said  act  repealed,  or  defeat  any  rights  which  have 
already  accrued,  and  no  bank,  the  shares  in  which  are 
made  taxable  by  this  act,  shall  be  subject  to  taxation 
under  the  provisions  of  chapter  two  hundred  and  eighty- 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
five,  and  the  acts  in  addition  thereto,  nor  shall  the  share- 
holders be  taxable  for  state,  county  or  town  purposes, 
except  under  the  provisions  of  this  act  in  respect  to  their 
shares  therein. 

Section  12.     The  amount  actually  paid  into  the  treas-  A^°™* Pf^'*^ t, 
ury  of  the   Commonwealth  in  each  year,  under  the  pro-  savingsbanks 

..  Pii'  1  1         n       ^  '11  and  insurance 

Visions  ot  this  act,  on  account  ot  shares  in  baiiKs  or  companies  un- 
bankiiig  associations  which  on  the  first  day  of  May  are  the  deductedaVnext 
absolute  property  of  any  savings  bank  or  institution  for  payment,  &c. 
savings  sulyect  to  taxation  under  the  provisions  of  chapter 
two  hundred  and  tw^enty-four  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-two,  and  acts  in  amendment 
thereof,  or  of  any  insurance  corporation  which  is  subject 
to  taxation  under  the  provisions  of  chapter  two  hundred 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-five,  and  acts  in  amendment  thereof,  shall  be 
deducted  from  the  tax  payalile  under  the  provisions  of 
said  acts  by  such  savings  bank,  institution  for  savings  or 
insurance  corporation  at  the  next  payment  to  the  Com- 
monwealth after  the  assessment  of  bank  shares  as  herein 
provided.  The  tax  commissioner  may  require  a  statement 
of  all  such  shares  so  owned  by  any  such  savings  bank,  in- 
44 


820 


1873.— Chapter  315. 


Commiasioner 
to  determine 
amount  to  be  de- 
ducted. 


Commissioner 
tocertify  to  trea- 
surer amonnt 
assessed  and  col- 
lected. 


Owner  of  shares 
to  be  furnished 
with  certificate 
of  exemption 
from  taxation. 


Shares,  &c„  to 
be  included  in 
returns  required 
under  1865,  283, 
§2. 


Tax  to  be  re- 
funded when 
paid  under  1872, 
321,  §  7,  and 
owners  also  spe- 
cifically taxed. 


stitution  for  savings  or  insurance  corporation,  to  be  made 
in  a  form  approved  by  him,  and  signed  and  sworn  to  by 
the  treasurer  or  like  financial  officer  thereof.  He  shall, 
from  such  statement  and  other  evidence,  and  subject  to 
appeal  by  such  corporation,  as  herein  provided  in  similar 
cases,  determine  the  amounts  to  be  deducted,  and  certify 
the  same  to  the  treasurer  of  the  Commonwealth  upon  the 
final  determination  thereof. 

Section  13.  The  tax  commissioner  shall,  as  soon  as 
may  be  after  the  first  Monday  in  December  in  each  year, 
certify  to  the  treasurer  the  amount  assessed  and  collected 
for  that  year,  in  respect  of  shares  in  such  banks  or  other 
corporations  owned  absolutely  by  any  society,  district  or 
institution  of  any  of  the  classes  specified  in  the  third, 
fourth  and  ninth  divisions  of  section  five  of  chapter  eleven 
of  the  General  Statutes,  and  the  treasurer  shall  thereupon 
pay  over  such  amounts  to  the  corporations  owning  such 
shares. 

Section  14.  It  shall  be  the  duty  of  the  assessors  of 
each  city  or  town,  upon  request  of  any  person  resident  in 
such  city  or  town,  who  is  the  owner  of  any  shares  in  such 
banks  or  other  corporations  which,  under  the  provisions 
of  the  tenth  and  thirteenth  divisions  of  section  five  of 
chapter  eleven  of  the  General  Statutes  would  be  entitled 
to  exemption  from  taxation,  to  give  such  owner  a  certifi- 
cate 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,  immediately,  upon  the  allowance  of  the  amount 
which  shall  be  made  to  such  city  or  town  under  the  pro- 
Visions  of  this  act. 

Section  15.  Shares  in  such  banks  and  other  corpora- 
tions shall  be  included  in  the  returns  required  to  be  made 
by  the  provisions  of  section  two  of  chapter  two  hundred 
and  eighty-three  of  the  acts  of  the  year  eighteen  hundred 
and  sixty -five. 

Section  16.  Whenever  it  shall  be  made  to  appear  to 
the  tax  commissioner  by  certificate  of  the  assessors  or  a 
majority  of  them  or  other  satisfactory  evidence,  that  any 
tax  assessed  in  accordance  with  the  provisions  of  the 
seventh  section  of  chapter  three  hundred  and  twenty-one 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-two, 
which  has  been  paid  over  or  accounted  for  to  the  state 


1873.— Chaptee  315.  821 

treasury  in  conformity  with  said  act,  has  been  assessed  in 
respect  to  shares  in  banks  upon  which  the  owners  have 
also  been  specifically  taxed  for  the  said  year  in  the  city  or 
town  in  which  such  owner  resides,  for  state,  county  and 
town  purposes,  the  tax  commissioner  shall,  within  a  rea- 
sonable time  thereafter,  certify  to  the  treasurer  and 
receiver-general,  the  name  of  the  person  who  appears  to 
be  the  owner  of  such  shares,  and  the  amount  so  paid  or 
credited  in  each  case,  and  the  treasurer  shall  thereupon 
pay  over  to  said  person  such  amount. 

Section  17.  Whenever  it  shall  be  made  to  appear  to  Abatement  of 
the  assessors  of  any  city  or  town  that  any  tax  assessed  in 
such  city  or  town  for  the  year  eighteen  hundred  and 
seventj^-two,  in  accordance  with  the  provisions  of  the 
seventh  section  of  chapter  three  hundred  and  twenty-one 
of  the  acts  of  said  year,  which  has  not  been  paid  over  or 
accounted  for  to  the  state  treasury,  has  been  assessed  in 
respect  to  shares  in  banks,  upon  which  the  owners  have 
also  been  specifically  taxed  for  the  said  year  for  state,  county 
and  town  purposes,  in  the  city  or  town  in  which  such 
owner  was  taxable  for  personal  property  under  the  pro- 
visions of  the  General  Statutes  ;  upon  request  therefor  by 
the  owner  of  said  share  or  his  proper  reiDrescntative,  made 
prior  to  the  first  day  of  December,  in  the  year  eighteen 
hundred  and  seventy-three,  such  assessors  shall  abate  the 
same,  and  the  rights  of  the  owner  shall  thereupon  be  the 
same  in  respect  to  such  taxes  as  are  provided  by  law  in 
other  cases  of  abatement  of  taxes. 

Section  18.     It  shall  be  the  duty  of  the  assessors  for  AsBessorsto 
the  time  being  of  the  several  cities  and  towns,  upon  the  feuingfoniffact 
request  of  any  person  or  persons,  who  shall  appear  from  of^aBsesement, 
their  records  to  have  been  assessed,  under  the  provisions 
of   the   seventh   section   of   chapter   three   hundred   and 
twenty-one  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two,  or  any  other  section  of  said  act,  to  give  such 
person  or  persons  a  certificate,  setting  forth  the  fact  of 
such  assessment,  with  the  name  of  the  bank,  the  number 
of  shares  in  respect  to  which  such  assessment  was  made, 
and  the  amount  of  tax  so  assessed.     Such  certificate  shall 
be  competent  evidence  of  facts  to  authorize  an  abatement 
under   the    provisions    of  the    seventeenth    section,  or   a 
refundhig  under  the  sixteenth  section,  both  of  this  act. 

Section  19.     The  list  of  shareholders  required  by  the  List  of  share- 
fifth  section  of  this  act  may  be  made  for  the  present  year,  by  fift'jsecuonf 


822  1873.— Chapter  316. 

may  be  made  the  at  aiiy  time  OH  01'  before  the  tenth  day  of  June,  and  a  tax 

any''time'^before  shall  be  Uud  and  collected  under  the  provisions  of  this  act, 

juneiu.  £yj^.  ^j^g  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  20.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1873. 

Ch.      316     ^^  ^^^  ^^  ESTABLISH  A  HARBOR  LINE  ON  MERRIMAC   RIVER  IN  NEW- 

BURYPORT. 

Be  it  enacted,  &c.,  as  follows : 
Harbor  line  68-        Section  1.     The  line  hereinafter  described  is  hereby 

tabhsbedon  ^  ■,•    ^       -t  t  it  •!  ty  -\r         • 

Merrimac  River  established  as  a  liiie  aloug  the  southerly  side  oi  JMerrimac 

p"ort.^^  ^'^^"  River  in  Newburyport,  beyond  Avhich  no  wharf,  pier  or 
other  structure  shall  ever  hereafter  be  extended  in  or  over 
the  tide-water  of  the  Commonwealth. 

Description  of  SECTION  2.  The  Said  liuc  bcgius  at  tlic  iiortli-eastei'ly 
corner  of  the  base  of  the  southerly  abutment  of  the  New- 
buryport bridge  over  Merrimac  River,  and  runs  easterly 
in  a  straight  line  to  a  point  distant  ninety-five  feet  north- 
erly from  the  north-westerly  corner  of  Mercantile  Wharf, 
measuring  on  the  line  of  the  westerly  side  of  said  wharf 
extended  ;  thence  running  easterly  again  in  a  straight  line 
to  the  north-easterly  corner  of  Cross'  Wharf;  thence  run- 
ning easterly  again  in  a  straight  line  to  the  north-westerly 
corner  of  Commercial  Wharf;  thence  running  easterly 
again  along  the  northerly  end  of  said  wharf,  to  the  north- 
easterly corner  thereof;  thence  running  easterly  again  in 
a  straight  line  to  the  most  north-westerly  corner  of  Huse's 
solid  pier. 

No  structure  or       SECTION  3.     No  wharf,  pier,  building,  structure  or  in- 

ineumbrance  •      i        i      ii  i  p  i  ^        i     i 

to  be  extended  cumbraiice  of  auy  kind  shall  ever  hereafter  be  extended 
eyon  e  me.  j^gy^j-^j  ^Y\q  said  line  iiito  or  over  the  tide-water  of  said 
river,  nor  shall  any  wharf,  pier  or  other  structure  which 
is  now  erected  on  the  inner  side  of  said  line  extend 
further  towards  the  said  line  than  such  wharf,  pier  or 
structure  now  stands,  or  than  the  same  might  have  been 
lawfully  enlarged  or  extended  before  the  passing  of  this 
act,  without  leave  first  obtained  according  to  law. 

Penalty.  SECTION    4.     Evciy   pcrson   or   corporation   offending 

against  the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor  and  shall  be  liable  to  be  prosecuted  therefor 
by  indictment  or  information  in  any  court  of  competent 
jurisdiction,  and  on  conviction  shall  be  punished  by  a  fine 
not  less  than   one  thousand  dollars   nor  more  than  five 


1873.— Chapters  317,  318,  319.  823 

thousand  dollars  for  every  oflence,  and  any  structure  or  structure  may 
obstruction  which  shall  be  made  contrary  to  the  provisions 
and  intent  of  this  act  shall  be  liable  to  be  removed  and 
abated  as  a  public  nuisance  in  the  manner  provided  for 
the  removal  and  abatement  of  nuisances  in  the  public 
highway  or  in  any  other  manner  authorized  by  law. 

Approved  May  29,  1873. 

An  Act  in  relation  to  the  peremptory  challexging  of  jurors.  Qj^     317. 
Be  it  enacted,  &c.,  asfolloios : 

Sectiox  1.     The  riofht  to  challeno-e  peremptorily  any  challenge  after 

~  ~         .  1.  ^  A,     detertniuation 

person  called  or  returned  to  serve  as  a  juror,  may  be  ex-  that  juror  is  in- 
ercised  after  it  has  been   determined  that  the  person  so      ''^''^ ' 
called  or  returned  stands  indifferent. 

Section  2.     Chapter  one  hundred  and  fifty-one  of  the  Amendment  to 
acts  of  the  year  eighteen  hundred  and  sixty-nine  is  amended 
in  the  fourth  line  thereof  as  printed  in  the  supplement  to 
the  General  Statutes,  by  striking  out  the  word  "  five  "  and 
substituting  therefor  the  word  "ten." 

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

Approved  May  29,  1873. 

An   Act   for   the  protection  of  sea-fowl  in  the  waters  of  (JJi^    318. 

edgartown. 
Be  it  enacted,  &c.,  as  foUoivs : 

Section  1.     No  person  shall  drive,   chase  or  pursue  sea.fowitobe 
with  boats,  or  shoot  at  Avith  rifles  or  shot  guns  from  boats,  their  feeding 
on  their  feeding  grounds,  in  the  waters  in  and  bordering  Idgaitown. 
upon  the  town  of  Edgartown,  except  upon  that  part  of 
said  waters  lying  south  of  the  south  beach  and  Chappa- 
quiddick,  any  of  the  birds  commonly  called  sea-fowl. 

Section  2.     Any  person  offending  against  the  provis-  Penalty. 
ions  of  the  preceding  section,  shall  forfeit  and  pay  for  each 
offence  a  fine  of  not  more  than  five  dollars. 

Ajiproved  May  29,  1873. 

An  Act  concerning  witnesses  in  criminal  prosecutions  in  other  (JJ^^^    319. 

states. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     If  the  clerk  of  any  court  of  record  in  any  witness  resid- 
state  adjoining  to  this  Commonwealth,  shall  certify  that  a  mfybesum-^'' 
criminal  prosecution  is  pending  in  such  court,  and  that  a  ""acriminir*^ 
person  residing  in  this  Commonwealth  is  supposed  to  be  a  Jofning  Xte"!" 
material  witness  therein,  any  justice  of  the  peace  for  the 
county  in  which  such  witness  ma}-  reside,  shall,  on  receipt 
of  suqIi  certificate,  issue  a  summons  requiring  such  witness 


824  1873.— Chapter  320. 

to  appear,  and  testify  at  the  court  in  which  such  cause  is 
pending. 
Penalty  for  neg.      SECTION  2.     If  the  pcrsou  ou  whom  such  summous  is 

lecting  to  attend  ,  ,  ,  .'-.-.  ,  iiiiiii' 

at  court.  served,  and  to  whom  is  paid  or  tendered  double  the  lees 

allowed  by  law  for  travel  and  attendance  of  witnesses  in 
the  supreme  judicial  court  of  this  Commonwealth,  besides 
double  travelling  expenses  for  the  whole  distance  out  and 
home  by  the  ordinary  travelled  route,  shall  neglect  without 
a  reasonable  excuse,  to  attend  as  a  Avitness  at  the  court  in 
such  summons  mentioned,  he  shall  forfeit  a  sum  not  ex- 
ceeding three  hundred  dollars  for  the  use  of  the  Common- 
wealth. A2n:>roved  May  29,  1873. 

Oh        S20     "^^  -^^^  '^'^  AMEND  CHAPTER  FIFTY-FIVE   OP   THE   GENERAL   STATUTES 

RELATING  TO  LIMITED  PARTNERSHIPS. 

Be  it  enacted,  t&c,  as  follows : 
ac*know*ed*ed'^      Section  1.     No   limited   partnership   hereafter   estab- 
by  all  the  part-   lislicd  sliall  bc  dccmcd  to  havc  been  formed  until  a  certifi- 
the  secretary's    catc  madc  as  providcd  in  the  third  section  of  chapter  fifty- 
office.  ^^^  ^£  ^1^^  General  Statutes,  shall  have  been  acknowledged 
by  all  the  partners  before  a  justice  of  the  peace  and  tiled 
in  the  office  of  the  secretary  of  the  Commonwealth  and  re- 
corded in  said  office  in  a  book  to  be  kept  for  that  purpose, 
and   open   to   public  inspection.     If  a  false  statement  is 
made  in  such  certificate,  all  the  persons  interested  in  the 
partnership  shall  be  liable,  as  general  partners,  for  all  the 
engagements  of  the  partnerships. 
certific-.te  to  be      SECTION  2.     The  partners  shall,  once  a  week  for  six 

published  in  a  .  t       •  t    j    ^         a  iz?t  i  i 

newspaper  in     succcssivc  wccks  immediately  alter  such  filing  and  record- 
pril°ei^,^  place    ingi  pubUsh  a  copy  of  the  certificate  above  mentioned  in  a 
newspaper  published  in  the  county  where  their  principal 
place  of  business  is  situated ;  or  if  no  such  paper  is  there 
published,  then  in  a  newspaper  published  in  the  city  of 
Boston.     If  such  publication  is  not  so  made,  the  partner- 
ship shall  be  deemed  general. 
Certificate  to  be       SECTION  3.     Upoii  cveiy  rciicwal  OT  continuatioii  of  a 
lished  when  "    limited   partnership    beyond   the   time   originally   agreed 
conMnuedbe'-*    Up  Oil  for  its  duratiou,  a  certificate  thereof  shall  be  made, 
time^  ""^'"'^^     acknowledged,  filed  and  published  in  like  manner  as  is 
herein  provided  for  the  original  formation  of  limited  part- 
nerships ;  and  every  such  partnership  not  renewed  in  con- 
formity with  the  provisions  of  this  section  shall  be  deemed 
a  general  partnership. 
Names  of  gen-        SECTION  4.     The  busiiicss  of  the  partnership  shall  be 
only  to^e'uled.  couductcd  uudcr  a  firm  in  which  the  names  of  the  gejieral 


of  business  is 
situated 


1873.— Chapter  321.  825 

partners  only  shall  be  inserted,  without  the  addition  of 
the  word  company  or  any  other  general  term.  If  the  firm 
consists  of  more  than  three  general  partners,  all  their 
names  need  not  be  inserted  in  the  style  of  the  firm.  If 
the  name  of  any  special  partner  is  used  in  such  firm  with 
his  consent  or  privity,  he  shall  be  deemed  and  treated  as  a 
general  partner,  but  if  his  surname  is  the  same  as  that  of 
any  general  partner  in  the  firm  such  surname  may  be  used 
in  the  style  of  the  firm. 

Section  5.  No  dissolution  of  a  limited  partnership  Dissolution  of  a 
hereafter  established  shall  take  place  except  by  operation  eWp."  p*'"*""' 
of  law  before  the  time  specified  in  the  certificate  before 
mentioned,  unless  a  notice  of  such  dissolution  is  filed  and 
recorded  in  the  office  of  the  secretary  of  the  Common- 
wealth, nor  unless  such  notice  is  also  published  once  a 
W'Cek  for  six  consecutive  weeks  in  some  newspaper  pub- 
lished in  the  county  where  the  principal  place  of  business 
of  such  partnership  is  situated,  or,  if  no  such  paper  is 
there  published,  then  in  some  newspaper  published  in  the 
city  of  Boston. 

Section  6.  Sections  four,  five,  six,  seven  and  ten  of  Repe»i. 
the  fifty-fifth  chapter  of  the  General  Statutes,  and  so  much 
of  section  one  of  said  chapter  as  prohibits  the  formation 
of  limited  partnerships  for  the  purpose  of  banking  are 
repealed :  provided,  however,  that  the  provisions  of  said 
sections  four,  seven  and  ten  shall  continue  to  apply  to 
partnerships  formed  before  the  passage  of  this  act. 

Approved  May  29,  1873. 

Ax  Act  REQUIRING  RETURNS  IN  RELATION  TO  STEAM-BOILERS.  QJl.      321. 

Be  it  enacAed,  &c.,  as  follows  : 

Section  1.     The  assessors  of  each  city  and  town  shall,  ^ad^/^Vasee^s- 
in  each  year,  at  the  time  of  making  the  returns  required  sors  to  tax  com. 
by  the  first  section  of  chapter  two  hundred  and  eighty-  ceming  steam- 
three  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
five,  return  to  the  tax  commissioner  a  statement  showing 
the  whole  number  of  steam-boilers  located  in  their  respec- 
tive cities  and  towns  on  the  first  day  of  May  then  next 
preceding ;  by  whom  and  when  built,  and  the  aggregate 
estimated  amount  of  horse-power  which  such  boilers   are 
capable  of  furnishing.     Such  return   shall  also  state  the 
number  of  accidents  causing  permanent  injuries  to  persons 
which  have  arisen  from  the  use  of  such  boilers  during  the 
year,  with  the  causes  thereof,  as  far  as  may  be  ascertained 
by  the  assessors. 


826 


1873.— Chapter  322. 


Commissioner 
to  furnish 
blanks  for  re- 
turns and  make 
report  to  legis- 
lature. 


Gh.   322, 


Westfield  to  be 
supplied  with 
pure  water. 


To  file  in  regis- 
try of  deeds  a 
description  of 
the  land  taken. 


May  build  aque- 
ducts and  main- 
tain dams. 


Liability  for 
damages. 


Sectiox  2.  The  tax  commissioner  shall  in  due  season 
forward  to  the  assessors,  blanks  suitable  for  making  the 
returns  required  by  the  first  section,  and  shall  include  in 
his  annual  report  to  the  legislature  a  tabular  statement  of 
statistics  derived  from  such  returns. 

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

Approved  May  29,  1873. 

An  Act  to  supply  the  town  of  westfield  with  pure  water. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  town  of  Westfield  is  authorized  to 
take,  hold  and  convey,  into  and  through  said  town,  the 
water  of  the  Pochassie  Brook,  in  Montgomery,  or  the 
water  of  any  natural  pond  or  ponds,  brook  or  brooks 
within  said  town,  north  of  the  Westfield  River,  to  supply 
itself  and  its  inhabitants  with  pure  w\ater,  to  extinguish 
fires,  generate  steam,  and  for  domestic  and  other  uses, 
and  may  establish  public  fountains  and  hydrants,  and 
regulate  their  use,  and  ma}"  discontinue  the  same,  and  may 
collect  such  rents  as  may  be  fixed  for  the  use  of  such 
Avater. 

Section  2.  The  town  of  Westfield,  within  sixty  days 
from  the  time  they  take  any  lands  for  the  purposes  of  this 
act,  shall  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  coiive3^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  w^ater  commissioners  herein- 
after named. 

Section  3.  The  said  town  may  make,  build  and  lay 
down  aqueducts  and  pipes,  from  such  sources  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  maintain  reservoirs  within  or  without  said 
town ;  and  may  make,  erect  and  maintain,  and  carry  on 
sucli  other  works  as  may  be  necessary  or  proper  for 
raising  the  water  into  the  same,  and  forcing  and  distribut- 
ing the  water  through  and  about  said  town. 

Section  4.  Said  'town  of  Westfield  shall  lie  liable  to 
pay  all  damages  sustained  b}-  any  persons  or  corporations 
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 


1873.— Chapter  322.  827 

aforesaid.  If  any  person  or  corporation  sustaining 
damages  as  aforesaid,  cannot  agree  witli  the  town  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  aggrieved 
by  the  doings  of  said  commissioners  in  the  estimation  of 
said  damages,  may  have  the  same  settled  by  a  jury,  and 
if  the  dauiages  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  com- 
missioners 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  5.     The  rights,  powers  and  authorities  granted  foTvLfeTin  a 
to  the  town  of  Westtield  by  this  act,  shall  be  vested  in  board  of  ^yatel• 

•'  .       .  .  commissioners. 

and  exercised  by  a  board  oi  water  commissioners,  consist- 
ing of  live  citizens  of  said  town,  who  shall  be  elected  by 
the  legal  voters  of  said  town  at  an  election  which  shall  be 
legally  ordered  and  held  at  the  same  time  and  date  that 
the  said  town  shall  vote  upon  the  acceptance  of  this  act. 
The  said  commissioners  shall  serve  until  the  first  day  of 
January,  eighteen  hundred  and  seventy-six.  Thereafter 
the  rights,  powers  and  authority  granted  to  the  said  town 
by  this  act  shall  be  vested  in  and  exercised  by  a  board  of 
water  commissioners,  consisting  of  three  citizens  of  said 
town  who  shall  be  chosen  by  the  legal  voters  of  said  tpwn, 
one  for  the  term  of  one  year,  from  the  first  day  of  January 
eighteen  hundred  and  seventy-six,  one  for  the  term  of  two 
years,  one  for  the  term  of  three  years,  and  annually 
thereafter  one  water  commissioner  shall  be  so  chosen  to> 
serve  for  the  term  of  three  years.  Vacancies  may  be 
filled  at  any  town  meeting  duly  called  for  the  purpose.. 
The  said  commissioners  shall  receive  such  compensation  compensatioB 

■  1         .  (.  -,17-       i /^    1  1  •^  -I  •       -J.  j7  of  commiggion- 

as  the  town  ot  VVestneld  may  prescribe,  and  a  majority  or  era. 
said  commissioners  shall  be  a  quorum  for  the  exercise  of 
the  powers  and  duties  prescribed  by  this  act. 

Section  6.     For  the  purposes  of  paying  all  necessary  ^^fl'^'^^,,, 
expenses  and  liabilities  incurred  under  the  provisions  of  may  be  issued 
this  act  said  town  shall  issue  bonds,  signed  by  the  treasurer  $2M,ooo'at°^ 
of  said  town  and  countersigned  by  the  chairman  of  the  interes^t"  '^'^"^' 
board   of   water  commissioners,  denominated   "Westfield 
Water  Bonds,"  to    an    amount  not  exceedmg  two  kuu- 

45 


828  1873.— Chapter  322. 

dred  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  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  towards  payment  of  the 
principal  of  said  bonds,  except  the  year  in  which  the  same 
or  any  part  thereof  may  become  due. 
Prices  for  use  of      SECTION  7.     Said  Water  commissioners  may,  from  time 
to  time,  establish  prices  or  rents  for  the  supply  or  use  of 
said  water. 
Penalty  for  un-        SECTION  8.     If  auy  pcrsou  shall  usc  auy  water  taken 
or  maliciously     uudcr  this  act  witliout  the  consent  of  said  town,  or  shall 
ovrlndMrZlxt'  wautouly  or   maliciously  divert   the   water   or   any  part 
impure.  thcrcof,   taken  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  damage  assessed 
therefor,  to  be  recovered  in  an  action  of  tort,  and  on 
conviction  of  either  of  the  wanton  or  malicious  acts  afore- 
said, may  be  also  punished  by  fine  not  exceeding  three 
hundred  dollars,  or  by  imprisonment  in  jail  not  exceeding 
one  year. 
Occupant  of  SECTION  9.     The  occupaut  of  any  tenement  shall   be 

for  water  rent,    liable  for  the  payment  of  the  rent  for  the  use  of  the  water 
in  such  tenement,  and  the  owner  shall  also  be  liable  if,  on 
being  notified  of  such  use,  he  does  not  object  thereto. 
Repeal.  SECTION  10.     Upou  the  acccptauce  of  this  act  by  the 

town  of  Westfield,  chapter  ninety-five  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-one  is  repealed. 
Subject  to  ac  SECTION  11.     This  act  shall  be  void  unless  accepted  by 

onhTt^own.^"  ^  a  majority  of  the  legal  voters  of  said  town  of  Westfield, 
present  and  voting  thereon  at  a  legal  meeting  held  for  the 
purpose,  within  one  year  from  the  passage  of  this  act. 
Section  12.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  29,  1873. 


1873.— Chapters  323,  324,  325,  326.  829 

An  Act  concerning  the  newburyport  city  railroad  company,  (jj^^    323. 
Be  it  enacted,  tfec,  as  follows  : 

The  time  specified  for  the  construction  of  the  Newbury-  Time  for  con- 
port  City  Railroad,  as  specified  in  the  thirteenth  section  of  tended. 
an   act   to   incorporate   the   Newbur^qDort   City   Railroad 
Company,  passed  on  the  twelfth  of  June,  in  the  year  one 
thousand  eight  hundred  and  sixty-nine,  is  extended  two 
years  beyond  the  time  fixed  in  said  act. 

Approved  May  29,  1873. 

An  Act  to  authorize  the  old  colony  railroad  company  to  (J]^^    324. 

CHANGE     the     location     OK     ITS     RAILROAD     IN     THE    TOWN    OF 
PROVINCETOWN. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  Old  Colony  Railroad  Company  may,  May  change  lo- 
with  the  approval  of  the  board  of  selectmen  of  the  town  provincetown. 
of  Provincetown,  change  the  location  of  its  railroad  in 
said  town. 

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

Aj^proved  May  29,  1873. 
An  Act  to  legalize  certain  votes  passed  by  the  inhabitants  rij,      325 

OF   the   town   of   DUNSTABLE. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  votes  of  the  inhabitants  of  the  town  votes  ratified 
of  Dunstable,  passed  at  their  last  annual  meeting,  whereby  *"  ma  evai  . 
they  voted  to  raise  money  and  appropriate  the  same  "for 
the  celebration  of  the  two  hundredth  anniversary  of  the 
incorporation  of  the  town,"  are  ratified,  confirmed  and 
made  valid  to  the  same  extent  as  if  said  town  had  been 
specially  authorized  to  pass  such  votes. 

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

Approved  May  29,  1873. 

An  Act  to  establish  the  city  of  newton.  (JJi^    326 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  inhabitants  of  the  town  of  Newton  city  of  Newton 
shall  continue  to  be  a  body  politic  and  corporate,  under  e^''*^^*^*^- 
the  name  of  the  cit}^  of  Newton,  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,  pru-  Government 
dential  and  municipal  affairs  of  the  said   city,  with  the  IndcUyc^ncu! 
government  thereof,  shall  be  vested  in  one  officer,  to  be 


830  1873.— Chapter  326. 

called  the  mayor,  one  council  of  six,  to  be  called  the  board 
of  aldermen,  and  one  council  of  twelve  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 
respective  duties.  A  majority  of  each  board  shall  consti- 
tute a  quorum  for  the  transaction  of  business,  and  no 
member  of  either  board  shall  receive  any  compensation  for 
his  services. 

Division  of  town  Section  3.  It  shall  bc  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.  The  city  council 
may,  in  the  year  eighteen  hundred  and  seventy-five,  and 
in  every  fifth  year  thereafter,  make  a  new  division  of  said 
wards,  so  that  they  shall  contain,  as  nearly  as  may  be 
consistent  with  well  defined  limits  to  each  ward,  an  equal 
number  of  voters  in  each  ward,  according  to  the  census  to 
be  taken  in  the  month  of  May  or  June  in  said  years. 

Annual  election.  SECTION  4.  The  clectiou  of  city  and  ward  ofiicers  shall 
take  place  on  the  first  Tuesday  of  December,  annually, 
and  the  municipal  year  shall  begin  on  the  first  Monday  of 
January  following. 

Election  of  ward  SECTION  5.  On  the  first  Tuesday  of  December,  annu- 
all}^,  there  shall  be  elected,  by  ballot,  in  each  of  said 
wards,  a  warden,  clerk  and  three  inspectors  of  elections, 
who  shall  be  diflerent  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,  w^ith  the  powers  of  modera- 
tors at  town  meetings  ;  and  if  at  any  meeting  the  warden 
is  not  present,  the  clerk  shall  preside  until  a  warden  pro 
tempore  is  elected  by  ballot :  if  both  the  warden  and  clerk 
are  absent,  the  senior  in  age  of  the  inspectors  present  shall 
preside  uutil  a  warden  pro  tempore  is  so  elected ;  and  if 
all  said  officers  are  absent,  any  legal  voter  in  said  ward 
may  preside  until  a  warden  pro  tempore  is  so  elected. 
When  any  ward  officer  is  absent  or  neglects  to  perform 

Clerk  and  in-      his  duty,  his  officc  sliall  be  filled  ^>7'o  tempore.     The  clerk 

specters.  shall  rccord  all  the  proceedings  and  certify  the  votes,  and 

deliver  to  his  successor  in  office  all  the  records,  journals, 
documents  and  papers  held  by  him  in  his  said  capacity. 


1873.— Chapter  326.  831 

The  inspectors  shall  assist  the  warden  in  receiving,  assort- 
ing and  countino;  the  votes.     All  of  said  officers  shall  be  ward  officers  to 
sworn  to  a  faithful  discharge  of  their  duties,  said  oath  to  ^««^°™- 
be  administered  by  the  clerk  to  the  warden,  and  by  the 
warden  to  the  clerk  and  to  the  inspectors,  or  to  either  of 
said  officers  by  any  justice  of  the  peace.     Certificates  of 
such  oaths   shall  be  made  by  the   clerk  upon  the  ward 
records.     All  warrants  for  meetings   of  the   citizens  for  Meetings  of 
municipal  purposes,  to  be  held  either  in  wards  or  in  gen-  ""''®"'*- 
eral  meetings,  shall  be  issued  by  the  mayor  and  aldermen, 
and  shall  be  in  such  form,  and  served  and  returned  in  such 
manner,  and  at  such  times,  as  the  city  council  shall  direct. 
The  compensation  of  the  ward  officers  shall  be  fixed  by 
concurrent  vote  of  the  city  council.. 

Section  6.     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  following  his  election,  and  until  another  shall  have 
been  elected  and  qualified  in  his  place. 

Section  7.  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  follow- 
ing their  election,  and  until  a  majority  of  the  new  board 
shall  be  elected  and  qualified  in  their  places. 

Section  8.     Two  common  councilmen  shall  be  elected  Common  conn. 

cilmen. 

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  9.     On  the  first  Tuesday  of  December,  annu-  Election  on  first 
ally,  the  qualified  voters  in  the  several  wards  shall  give  in  Jembe^mu^'^" 
their  votes,  by  ballot,  for  mayor,  aldermen  and  common  ^"y- 
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  of  votes 
given  for  each,  to  be  written  in  the  ward  record  at  length. 
The  clerk  of  the  ward  within  twenty-four  hours  thereafter,  certificates  of 
shall  deliver  to  the  persons  elected  members  of  the  com- 
mon council,  certificates  of  their  elections,  respectively, 
signed  by  the  warden  and  the  clerk  and  a  majority  of  the 


832 


1873.— Chapter  326. 


Mayor  elect  to 
be  notified  by 


Vacancy  in 
office  of  mayor, 
how  filled. 


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  aforesaid,  and  shall  cause  the  person 
who  shall  have  been  elected  mayor,  to  be  notified  in 
writing,  of  his  election ;  but  if  the  person  elected  shall 
refuse  to  accept  the  oflice,  the  board  shall  issue  warrants 
for  a  new  election,  and  the  same  proceedings  shall  be  had 
in  all  respects  as  are  herein  before  provided  for  the  elec- 
tion of  mayor,  and,  from  time  to  time,  shall  be  repeated, 
until  a  mayor  shall  be  elected  and  shall  accept  said  oflice. 
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  oflSce  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  the  mayor  thus  elected  shall  hold 
his  office  until  his  inability  causing  such  vacancy  shall  be 
removed,  or  until  a  new  election ;  each  aldermen  shall  be 
notified  in  writing  of  his  election  by  the  mayor  and  alder- 
men for  the  time  l)eing.  The  oath  prescribed  by  this  act 
shall  be  administered  to  the  mayor  by  the  city  clerk  or  by 
any  justice  of  the  peace.  The  aldermen  and  common 
councihnen  elect,  shall,  on  the  first  Monday  of  January, 
at  ten  o'clock  in  the  forenoon,  meet  in  convention,  when 
the  oath  required  l>y  this  act  shall  be  administered  to  the 
members  of  the  two  boards  present,  by  the  mayor,  or  by 
any  justice  of  the  peace ;  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  admiuis- 
rzed"hy'chof(feof  tcrcd  as  aforcsald,  the  two  boards  shall  separate,  and  the 
cierki^'"'  ""'^  common  council  shall  be  organized  by  the  election  of  a 
president  and  clerk,  to  hold  their  offices  respectively  dur- 
ing the  pleasure  of  the  common  council,  the  clerk  to  be 
sworn  to  the  faithful  performance  of  the  duties  of  his 
office  ;  *  and  his  compensation  shall  be  fixed  by  concurrent 
vote  of  the  city  council. 
City  council  to        jj^  ^.^^q  Qf  h^q  abseucc  of  the  mayor  elect  on  the  first 

organize  in  ao-  ^  ^ 

senceornon-      Mouday  of  Jauuary,  or  if  a  mayor  shall   not  then  have 
mayor,  who  may  Ijccu  clectcd,  the  city  couucil  sliall  orgauizc  itself  in  the 


Aldermen  and 
councihnen  to 
meet  in  conven- 
tion first  Mon- 
day of  January 
and  be  sworn. 


Common  coun- 
cil to  be  organ 


1873.— Chapter  326.  833 

manner  herein  before  provided,  and  may  proceed  to  busi-  be^swom  after- 
ness  in  the  same  manner  as  if  the  mayor  were  present ; 
and  the  oath  of  office  may  at  any  time  thereafter,  in  con- 
vention of  the  two  boards,  be  administered  to  the  mayor, 
and  any  member  of  the  city  council  who  may  have  been 
absent  at  the  org-anization.     In  the  absence  of  the  mayor.  President  of 

O  •  T  /r>  board  of  alder- 

the  board  of  aldermen  may  elect  a  presidmg  olncer  pro  men  pro  tem. 
tempore,  who  shall  also  preside  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  proceedings. 
case  of  vacancy  in  either  board,  the  mayor  and  aldermen 
shall  issue  their  warrants  for  a  new  election. 

Section  10.     The  mayor  shall  be  the  chief  executive  Mayor  to  be 
officer  of  the  city.     It  shall  be  his  duty  to  be  active  and  ofllce/of the*^^ 
vigilant  in  causing  the  l.iws  and  regulations  of  the  city  to  ''"y- 
be  enforced,  and  to  keep  a  general  supervision  over  the 
conduct  of  all  subordinate  officers  ;  and  he  may,  whenever  Mayremoveoffi- 

,   .  .     .  -,  ,  ,.  ,  .  "  .,,     cers  with  con- 

m  his  opmion  the  public  good  may  require,  remove,  with  sent  of  the  ap- 
the   consent   of  the   appointing   power,  any   officer  over  p°""^"^  power. 
whose  appointment  he  has,  in  accordance  with  the  pro- 
visions of  this  charter,  exercised  the  power  of  nomination. 
He  may  call  special  meetings   of  the  boards   of  aldermen 
and  common  council,  or  either  of  them,  when  in  his  opin- 
ion the  interests  of  the  city  require  it,  by  causing  notice 
to  be  left  at  the  usual  place  of  residence  of  each  member 
of  the  board  or  boards  to  be  convened.     He  shall  from 
time  to  time  communicate  to  both  boards  such  informa- 
tion, and  recommend  such  measures,  as  the  business  and 
interests  of  the  city  may  in  his  opinion  require.     He  shall  ^°  P^^of'^/ijgr 
preside  in  the  board  of  aldermen  and  in  convention  of  the  men  and  in  con- 
two  boards,  but  shall  have  a  casting  vote  only.     His  sal-  salary.' 
ary  for  the  first  five  years,  under  this  charter,  shall  be 
fixed  by  the  city  council,  but  shall  not  exceed  the  sum  of 
one  thousand  dollars  per  annum.     Afterwards  it  shall  be 
fixed  by  concurrent  vote  of  the  city  council.     It  shall  be 
payal)le  at  stated  periods,  but  shall  not  at  any  time  be  in- 
creased or  diminished  during  the  year  for  which  he  is 
elected.     He  shall  receive  no  other  compensation. 

Section  11.     Every   ordinance,    order,    resolution  or  ordersrequir- 
vote,  to  which  the  concurrence  of  the  board  of  aldermen  vote,  and  of 

,/..!  .-.        f,         .  -,       . ,  ,  either  branch  in- 

and  01  the  common  council  oi  said  city  may  be  necessary  voiving  expen- 
(except  on  a  question  of  a  convention  of  the  two  branches,  to'be  p°re™nted' 
or  the  election  of  an  officer),  and  every  order  of  either  p°ovir'^^°'^*^' 


834 


1873.— Chapter  326. 


Proceedings  iu 
case  the  mayor 
does  not  ap- 
prove. 


Executive 
power  to  be 
vested  in  mayor 
and  aldermen. 


Constables  and 
police  officers. 


City  council  to 
"have  care  of 
public  property. 


branch  of  the  city  council,  involving  an  expenditure  of 
money,  shall  be  presented  to  the  mayor  of  the  city.  If  he 
approves  thereof,  he  shall  signify  his  approval  by  signing 
the  same ;  but  if  he  does  not  approve  thereof,  he  shall 
return  the  ordinance,  order,  resolution  or  vote,  with. his 
o])jections  in  writing,  to  the  tbranch  of  the  city  council  in 
which  it  originated.  Such  branch  shall  enter  the  ol)jec- 
tions  of  the  mayor,  at  large,  on  its  records,  and  proceed 
to  reconsider  said  ordinance,  order,  resolution  or  vote ; 
and  if,  after  such  reconsideration,  two-thirds  of  that 
branch  present  and  voting,  notwithstanding  such  ol)jec- 
tions,  agree  to  pass  such  ordinance,  order,  resolution  or 
vote,  it  shall,  together  with  the  objections  of  the  mayor, 
be  sent  to  the  other  branch  of  the  city  council  (if  it 
originally  required  concurrent  action)  where  it  shall  also 
be  reconsidered ;  and  if  approved  by  two-thirds  the 
members  present  and  voting,  it  shall  be  in  force ;  but  iu 
all  cases  the  vote  shall  be  determined  by  yeas  and  nays ; 
and  if  such  ordinance,  order,  resolution  or  vote  is  not 
returned  by  the  maj-'or  within  ten  days  after  it  has  been 
presented  to  him,  the  same  shall  be  in  force. 

Section  12.  The  executive  power  of  said  city  gener- 
ally, with  all  the  powders  heretofore  vested  by  special 
statute  in  the  selectmen  of  the  town  of  Newton  and  in  the 
selectmen  of  towns  generally  by  the  law^s  of  the  Common- 
wealth, 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 
city  marshal  or  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 
jequire  any  person  who  may  be  appointed  a  constable, 
city  marshal  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  pro- 
ceedings 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  super- 
intendence of   the  city  buildings,  and   the    custody  and 


1873.— Chapter  326.  835 

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.  Annual  report 

-.  •■  T    ,       T     /.         i  1  J'  XI         •    1     1  -J.      ^  of  receipts  and 

cause  to  be  published  lor  the  use  ol  the  nihabitants,   a  expenditures. 
particular  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  Appointments 
directed  to  be  made  by  the  mayor  and  aldermen,  the  amfaidermen?'^ 
mayor  shall  have  the  exclusive  power  of  nomination, 
being  subject,  however,  to  confirmation  or  rejection  by 
the  board  of  aldermen ;  and  no  person  shall  he  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  or  election  shall  be  a  member  of  the 
board  of  aldermen  or  of  the  common  council.     All  sittings  sittings,  not  ex- 

/.    ,1  Til  /•  ji  Ml   ecutive,  tobe 

or  the  mayor  and  aldermen,  or  the  common  council  and  public 
of  the  city  council,  shall  be  public,  except  the  sittings  of 
the    mayor   and   aldermen   when    they   are    engaged    in 
executive  business. 

Section  14.     The  city  council  shall  annually,  as  soon  Treasurer, 

/.,  ,  1      .  ,       ..        '^  1  •       j_         1      X    1        clerk,  &c.,  to  be 

after  their  organization  as  may  be  convenient,   elect  by  elected  in  con- 
joint  ballot   in   convention,    a   treasurer,    who    shall    be  "^^''*^'*'^- 
collector  of  taxes,  and  a  city  clerk,   and  by  concurrent 
vote,    may   elect    a    superintendent    of    streets,    a    city 
physician,  a  city  solicitor  and  city  auditor,  who  shall  hold  fuduoTtobe 
their  offices  for  the  term  of  one  year  next  ensuino^,  and  elected  by  con. 

•^  ~  current  vote. 

until  others  shall  be  elected  and  qualified  in  their  stead  : 
2)rovided,  however,  that  either  of  the  officers  named  in  this  Proviso. 
section  may  be  removed  at  any  time  by  the  city  council 
for  sufficient  cause.  Vacancies  occurring  in  the  above 
named  offices  may  be  filled  at  any  time.  The  compensa- 
tion 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  aldermen?^' 
performance  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 

46 


836 


1873.— Chapter  326. 


Fire  department 
may  be  estab- 
lished. 


records,  journals,  documents  and  papers  held  by  him  m 
his  said  capacity. 

Section  16.  The  city  council  may  establish  a  fire 
department  for  said  city,  to  consist  of  a  chief-engineer, 
and  of  as  many  assistant-engineers,  engine-men,  hosemen, 
hook  and  ladder  men,  and  assistants,  as  the  city  council, 
by  ordinance,  shall  from  time  to  time  prescribe  ;  and  said 
council  shall  have  authority  to  fix  the  time  of  their 
appointment  and  the  term  of  their  service,  to  define  their 
oflSce  and  duties,  and  in  general  to  make  such  regulations 
concerning  the  pay,  conduct  and  government  of  such 
department,  the  management  of  fires,  and  the  conduct  of 
persons  attending  fires,  as  they  may  deem  expedient,  and 
may  aflix  such  penalties  for  any  Adolation  of  such  regula- 
tions, or  any  of  them,  as  are  provided  for  the  breach  of 
the  ordinances  of  said  city.  The  appointment  of  all  the 
officers  and  meml^ers  of  such  department  shall  be  vested 
in  the  mayor  and  aldermen  exclusively,  who  shall  also 
have  authority  to  remove  from  office  any  officer  or 
member,  for  cause,  in  their  discretion.  The  engineers  so 
appointed  shall  be  the  firewards  of  the  city,  but  the  mayor 
and  aldermen  may  appoint  additional  firewards.  The 
compensation  of  the  department  shall  be  fixed  b}'-  con- 
current vote  of  the  city  council. 

Section  17.  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  ordinance  they  may 
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 
Public  grounds,  sauic  froui  damage  by  fire.  They  shall  also  have  the  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  and  grow- 
ing in  or  upon  any  of  the  public  streets  and  highways  of 
said  city. 

Section  18.  The  city  council  shall  annually,  as  soon 
after  their  organization  as  may  be  convenient,  elect  by 
concurrent  vote,  six  persons  to  be  overseers  of  the  poor, 
one  from  each  ward,  who  shall  be  resident  therein  at  the 
time  of  their  election,  who  shall  hold  their  offices  for  the 
municipal  year  next  following  their  election,  and  until  a 


City  council 
may  establish 
fire  limits  and 
regulate  the 
construction  of 
buildings. 


Overseers  of  the 
poor  to  be  elect- 
ed by  concur- 
rent vote. 


1873.— Chapter  326.  837 

majority  of  the  new  board  shall  be  elected  and  accept  in 
their   place,    unless    sooner   removed.     The    persons    so 
elected    shall,  with   the   mayor,  constitute   the   board  of 
overseers   of   the  poor.     The  mayor  shall   be   ex   officio  Mayor  to  be 
chairman  of  the  board.     Vacancies  occurring  in  the  board  boarT''"  ° 
may  be  tilled  by  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  compensation. 
overseers  of  the  poor  shall  be  fixed  by  concurrent  vote  of 
he  city  council. 

Section  19.     The  city  council  shall  annually,  as  soon  Assessors  of 
after  their  organization  as  may  be  convenient,  elect  by  Id^by  cVcur!*' " 
concurrent  vote  three  persons  to  be  assessors  of  taKCS,  r^ntvote. 
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  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   constitute   the  board   of  assessors,  and 
shall  exercise  the  powers,  and  be  subject  to  the  liabilities 
and  duties  of  assessors  in  towns.     Vacancies  occurring  in  vacancies. 
the  board  may  be  filled  by  concurrent  vote  of  the  city 
council  at  any  time,  the  member  so  elected  to  hold  office 
only  fur   the   unexpired   term    of  the   member   who  has 
ceased  to  hold  office.     All  taxes  shall  be  assessed,  appor- 
tioned and  collected  in   the   manner   prescribed   by  the 
general  laws  of  the  Commonwealth :  provided,  hoicever, 
that  the  city  council  may  establish  further  or  ajjditional 
provisions  for  the  collection  thereof.     The  compensation  compensaUon. 
of  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  ^°'^' 
concurrent  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  relative  to  persons  and  property  taxal)le  in 
their  respective  wards,  and  they  shall  be  sworn  to  the 
faithful  performance  of  their  duty.     Vacancies  occurring  vacancies. 
may  be  filled  by  concurrent  vote  of  the  city  council  at 
any  time.     The  compensation  of  the  assistant  assessors  compensation. 
shall  be  fixed  by  concurrent  vote  of  the  city  council. 


838  1873.— Chapter  326. 

School  commit-       SECTION  21.     The  school  committee  of  the  city  shall 

tCG  to  UG  CltJCtGU.  *^ 

by  the  voters,     coiisist  of  the  majoF,  the  president  of  the  common  council, 
and  twelve  other  persons,  two  of  whom  shall  be  selected 
from  each  ward,  and  they  shall  be  elected  by  the  qualified 
voters  of  the  city  at  large,  voting  in  their  respective  wards. 
On  the  first  Tuesday  of  December  next  after  the  accept- 
ance of  this  act,  there  shall  be  chosen  members  of  the 
committee  from  wards  one  and  two,  to  serve  for  the  term 
of    three    years,    commencing    on  the    first    Monday  of 
January  then  next   ensuing,  from   wards  three  and  four, 
members  to  serve  for  the  term  of  two  years  commencing 
on  the  first  Monday  of  January  then  next  ensuing,  and 
from  wards  five  and  six,  members  to  serve  for  the  term  of 
one  year  commencing  on   the  first  Monday  of  January 
theil  next  ensuing ;  and  at  each  subsequent  election  there 
shall  be  elected  four  members  of  the  school  committee  to 
hold  their  office  for  the  term  of  three  years  as  successors 
of,  and  from  the  same   wards,   as  those  whose  term  of 
office  expires  at  the  expiration  of  the  then  municipal  year. 
The  school  committee  shall  serve  without  compensation. 
Mayor  to  be       The  mayor  shall  be  ex  officio,  chairman  of  the  board,  and 
boarX*°°    ^^  shall  havc  a  casting  vote.     The  committee  may  elect  from 
their  own  number,  a  chairman,  who  shall  preside  in  the 
absence  of  the  mayor.     The  said  committee  shall  appoint, 
from  their  own  number,  or  otherwise,  a  secretary,  to  be 
Superintendent  uudcr  the  direction  and  control  of  said  committee,  and 
of  schools.         j^.^y  appoint,  but  not  from  their  own  number,  a  super- 
intendent of  the  schools,   and  the  compensation  of  such 
secretary  and  superintendent   shall   be  determined  from 
year  to  year  by  the  school  committee,  both  of  whom  they 
Vacancies  may    may  rcmovc  at  their  pleasure.     Vacancies  occurring  in  the 
blifot^of'dti°'°*  board  may  be  filled  by  the  joint  ballot  of  the  city  council 
schooiVommit-    ^^^^  school  Committee  at  any  time,    in   convention,    the 
*^6-  member  so  elected  to  hold  office  only  for  the  remainder  of 

the  municipal  year.  All  the  rights  and  obligations  of  said 
town  of  Newton,  in  relation  to  the  grant  and  appropria- 
tions of  money  for  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  obligations  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, 


1873.— Chapter  326.  839 

shall  be  made  by  the  city  council  in  the  same  manner  as 
grants  and  appropriations  are  made  for  other  city 
purposes. 

Section  22.     All  city  and  ward  officers  shall  be  held  ^hfrgrthdfdu- 
to  discharge  the  duties  of  the  offices  to  which  they  have  ties  after  re. 

•       11  1  T       •   I     1        T  ^      •  1   Kioval  from  the 

been  respectively  elected,  nothwithstandmg  their  removal  ward. 
after  their  election  out  of  their  respective  wards  into  any 
other  wards  of  the  city  ;  but  a  removal  of  residence  out  of 
the   city  shall  cause  a  vacancy  to   exist  in  the  offices  to 
which  they  were  elected. 

Section  23.     The  city  council  shall  take  care  that  no  city  council  to 
money  is  paid  from  the  treasury  unless  granted  or  appro-  moneys 'pa^d"^ 
priated,  and  shall  secure  a  just  and  proper  accountability,  uXsg'gramTd. 
by  requiring  bonds  with  sufficient  penalties  and  sureties 
from  all  persons  entrusted  with  the  receipt,   custodj^  or 
disbursement  of  money. 

Section  24.     The    city   council   shall   have    exclusive  city  couueii  to 
authority  and  power  to  lay  out  any  new  street  or  town  !,n^d°e'^timate*^ 
way,  and    to   estimate  the  damages  an}'  individual   may  'damages. 
sustain  thereby ;  but  all  questions  relating  to  the  subject 
of  laying  out,  accepting,  altering   or   discontinuing   an}'- 
street  or  way,  shall  lirst  be  acted  upon  by  the  mayor  and 
aldermen,  and  any  person  dissatisfied  with  the  decision  of 
the  city  council  in  the  estimate  of  damages    may  make 
complaint  to  the  superior  court  or  the    county  commis- 
sioners   of   the  county  of   Middlesex,    in   term   time    or 
vacation  within  one  year  after  such  decision,  whereupon 
the  same  proceedings  shall  be  had  as  are  now  provided  by 
the  laws  of  this  Commonwealth,  in  cases  where  persons 
are  aggrieved  by  the  assessment  of  damages  by  selectmen, 
in  the  forty-third  chapter  of  the  General  Statutes. 

Section  25.     The  city  council  ma}'  make  ordinances,  Maymaijeor- 
with     suitable     penalties,    for    the     inspection,    survey,  specuonofium- 
measurement   and  sale  of  lunil)er,  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  is  subject  to  the  action 
of  the  town  thereon.     The  city  council  may  also  make  all  May  make  such 
such  salutary  and  needful  ordinances  or  by-laws  as  towns,  t'ownrha'l^ 
by  the  laws  of  this  Commonwealth,  have  power  to  make  t?°^-^^^^^^^^- 
and  establish,  and  to  annex  penalties  not  exceeding  twenty 
dollars,  for  the  breach  thereof;  which  by-laws  shall  take 


840 


1873.— Chapter  326. 


Proviso. 


Election  of  na- 
tional, state, 
county  and  dis- 
trict officers. 


Lists  of  voters  to 
be  made  bj' 
mayor  and  de- 
livered to  ward 
clerks. 


List  to  be  posted 
in  each  ward. 


General  meet- 
ings of  citizens. 


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,  Iwio- 
ever,  that  all  laws  and  regulations  in  force  in  said  town, 
shall  remain  in  force  until  they  expire  by  their  own 
limitation,  or  are  revised  or  repealed  by  the  city  council. 
All  lines  and  forfeitures  for  the  breach  of  any  by-law  or 
ordinance  shall  be  paid  into  the  city  treasury.  And  any 
complaint  for  any  violation  thereof  may  be  made  by  the 
mayor,  city  clerk,  city  treasurer,  city  marshal,  or  chief  of 
police. 

Section  26.  All  elections  of  national,  state,  county 
and  district  officers  who  are  voted  for  by  the  people,  shall 
be  held  at  meetings  of  the  citizens  qualified  to  vote  at 
such  elections  in  their  respective  wards,  at  the  time  fixed 
by  law  for  these  elections  respectively. 

Sectiox  27.  Prior  to  every  election,  the  mayor  and 
aldermen  shall  make  out  lists  of  all  the  citizens  of  each 
ward  qualified  to  vote  in  such  elections,  in  the  manner  in 
which  selectmen  of  towns  are  required  to  make  out  lists 
of  voters ;  and,  for  that  purpose,  they  shall  have  full 
access  to  the  assessors'  books  and  lists,  and  are  empowered 
to  call  for  the  assistance  of  the  assessors,  assistant 
assessors,  and  other  city  ofiicers ;  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  of  each  ward  shall  be 
posted  in  one  or  more  public  places  in  each  ward  :  pro- 
vided, 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  28.  General  meetings  of  the  citizens  qualified 
to  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  upon  the  request,  in  writing,  setting  forth  the 


1873.— Chapter  326.  841 

purposes  thereof,  of  fifty  qualified  voters,  shall  be  duly 
warned  l)y  the  mayor  and  aldermen. 

Skction  29.  All  power  and  authority  now  vested  by  Board  of  health. 
law  in  the  board  of  health  for  said  town,  or  in  the  select- 
men thereof,  shall  be  transferred  to  and  vested  in  the 
mayor  and  aldermen,  until  the  city  council  shall  otherwise 
provide,  who  shall  have  authority  to  establish  a  board  of 
health. 

Section  30.     The  power  and  authority  vested  in  said  The  act  to  sup. 

n    ^-r  1  1  1  1  IT  T      f        J  !•  P^y  t^*^  town  of 

town  of  Newton  by  chapter  three  hundred  and  torty-lour  Newton  with 
of  the  acts  of  the  year  one  thousand  eight  hundred  and  iL^rce?"  "'""^ 
seventy-two,  entitled,  "An  Act  to  supply  the  town  of 
Newton  with  water,"  and  by  the  vote  of  said  town 
accepted  in  accordance  with  the  provisions  of  said  act, 
shall  continue  in  force.  The  powers  thereby  conferred 
shall  be  exercised  by  the  city  council. 

Section  31.  All  acts  and  parts  of  acts  inconsistent  Repeal. 
with  this  act,  are  hereby  repealed ;  provided,  however,  proviso. 
that  the  repeal  of  the  said  acts  shall  not  afiect  any  act 
done,  or  any  right  accruing  or  accrued  or  established,  or 
any  suit  or  proceeding  had  or  commenced  in  any  civil  case 
before  the  time  when  such  repeal  shall  take  eflect,  and 
that  no  offence  committed  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  said  repeal,  for  any  off'ence  committed  or 
for  the  recovery  of  any  penalty  or  forfeiture  incurred 
under  said  act,  shall  be  affected  by  said  repeal ;  and 
provided,  also,  that  all  persons  who  at  the  time  of  said  Proviso. 
repeal  taking  effect  shall  hold  any  office  under  the  said 
acts,  shall  continue  to  hold  the  same  until  the  organization 
of  the  city  government  contemplated  by  this  charter  shall 
be  completely  effected. 

Section  32.  For  the  purpose  of  organizing  the  First  meeung 
system  of  government  hereby  established,  and  putting  the  citVofficers."^ 
same  in  operation  in  the  first  instance,  the  selectmen  of 
the  town  of  Newton,  for  the  time  being,  shall  issue  their 
warrants  seven  days  at  least  previous  to  the  first  Tuesday 
of  December  next  after  the  acceptance  of  this  act,  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  pro- 


842 


1873.— Chapter  327. 


be  prepared  by 
selectmen, 


vided  for  in  the  preceding  sections  of  this  act ;  and  the 
transcripts  of  the  records  in  each  ward,  specifying  the 
votes  given  for  the  several  officers  aforesaid,  certitied  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. 
Lists  of  voters  to  At  Said  first  mcetino;,  a  list  of  voters  in  each  ward,  pre- 
pared  and  corrected  by  the  selectmen  for  the  time  being, 
shall  be  delivered  to  the  clerk  of  each  ward,  when  elected, 
to  be  used  as  herein  before  provided.  After  the  election 
of  the  city  officers  as  aforesaid,  the  selectmen  shall 
appoint  a  place  for  their  tirst  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,  imraediatelj^  after  the  first  organization, 
to  carry  into  effect  the  several  provisions  of  this  act. 

Section  33.  This  act  shall  be  void  unless  the  inhabit- 
ants of  the  town  of  Newton,  at  a  legal  meeting  called  for 
that  purpose,  to  be  held  within  two  years  from  the  passage 
of  this  act,  shall,  by  a  vote  of  a  majority  of  the  voters 
present,  voting  thereon  as  hereinafter  provided,  deter- 
mine to  adopt  the  same.  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.  Any  meeting  for  this 
purpose  shall  not  be  held  prior  to  the  first  day  of  October 
next,  and  shall  not  be  held  in  the  month  of  November  or 
December.  And  if  at  any  such  meeting  this  act  shall 
not  be  accepted,  the  same  shall  not  be  again  submitted  to 
the  vote  of  said  inhabitants  at  any  subsequent  meeting 
held  within  six  months  from  the  date  of  the  prior 
meetino'. 
Section  34. 


Act  void  unless 
accepted  by  a 
majority  vote 
within  two 
years. 


Ch.   327. 


Corporations 
dissolved. 


This  act  shall  take  effect  upon  its  passage. 

Ap2)rovcd  June  2, 187o. 

An  Act  to  dissolve  certain  corporations. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Such  of  the  following  corporations  as  are 
not  already  legally  dissolved,  viz.  : — 

Adams  Cotton  and  Woolen  Manufactory,  The. 
Adams  North  Village  Cotton  Factory. 


i 


1873.— Chapter  327.  843 

Adams  South  Village  Manufacturing  Company.  _  di°sIo°ved.°"* 

^tna  Mills,  which  was  organized  under  General  Laws  m  1863. 

Agricultural  and  JMechanic  Hall  Association. 

Albion  Coffee  Huller  Company. 

American  Arms  Company. 

American  Bituminized  Pipe  Company. 

American  Cordage  Company. 

American  Factory. 

American  Flax  Cotton  Company. 

American  Hosiery  Company. 

Anaerican  Leather  Peg  Company. 

American  Machine  Company. 

American  Machine  Works. 

American  Metallic  Packing  Company.  • 

American  Nail  Company. 

American  Nail  Machine  Company. 

American  Nut  and  Arms  Company. 

American  Safety  Steam  Engine  Company. 

Amesbury  Ferry  Aqueduct,  The  Proprietors  of  the. 

Amesbury  Flannel  Manufacturing  Company. 

Amesbury  Nail  Factoiy  Company,  The. 

Amherst  Manufacturing  Company. 

Andrews  Fishing  Company  in  Harwich. 

Aqueduct  in  Greenfield,  The  Proprietors  of  the. 

Aqueduct  in  Hopkinton,  The  Proprietors  of  the. 

Aqueduct  in  Lancaster,  The  Proprietors  of  the. 

Aqueduct  in  Stockbridge,  The  Proprietors  of  the, 

Ashburnham  Leather  Manufactory. 

Ashuelot  Manufacturing  Company. 

Athol  Manufacturing  Company. 

Atlantic  Silk  Company. 

Atlantic  Wharf  Company. 

Ballard  Vale  Machine  Shop. 

Bathing  House  in  Newburyport,  Proprietors  of  a. 

Bellingham  Woollen  and  Cotton  Manufactory. 

Bellingham  Cotton  Manufacturing  ComiJany. 

Bellingham  Steam  Engine  Company. 

Belvidere  Manufacturing  Company. 

Bemis  Company. 

Bemis  Manufacturing  Company. 

Beoli  Company. 

Berkshire  Cotton  Company. 

Berkshire  Glass  Company. 

Berkshire  Iron  Company. 

Beverly  Cotton  Manufactory,  The  Proprietors  of  the. 

Beverly  Ruliber  Company. 

Blumvale  Iron  Company. 

Bolivar  Manufacturing  Company. 

Boston  and  BaiTe  Company,  The. 

Boston  and  Canton  Manufacturing  Company. 

Boston  and  Chelsea  Iron  and  Screw  Company. 

Boston  and  Colonial  Steamship  Company. 

Boston  and  Gloucester  Granite  Company. 

Boston  and  Gloucester  Steamboat  Company. 

Boston  and  Lynn  India  Rubber  Manufacturing  Company. 

Boston  and  New  Brunswick  Hemlock  Bark  Extract  Company. 

Boston  and  New  York  Steamboat  Company. 

47 


844  1878.— Chapter  327. 

dissolved °°*       Bostoii  and  Roxbury  Patent  Leather  and  Cloth  Company. 
Boston  Oil  Creek  Company. 
Boston  and  Southern  Steamship  Company. 
Boston  and  Stoneham  Marble  Company. 
Boston  and  Walpole  Woollen  Manufacturing  Company. 
Boston  Bolt  and  Machine  Company. 
Boston  Carpet  Company. 
Boston  Chemical  Company. 
Boston  Chemical  Paint  Company. 
Boston  Chrome  and  Chemical  Company. 
Boston  Copper  Manufacturing  Company. 
Boston  House  Company. 
Boston  Iron  Tube  Company. 
Boston  Locomotive  Works. 
Boston  Milling  Company. 
Boston  Paper  Company. 
Boston  Planing  and  Moulding  Company. 
Boston  Steam  Engine  Company. 
Boston  Temperance  Hall  Association. 
Boston  Water  Power  Cordage  Manufactory. 
Boston  White  Flint  Marble  Company. 
Bottomly  Manufacturing  Company. 
Boylston  Company. 
Bradford  Flax  Company. 

Bridgewater  Cotton  Gin  Manufacturing  Company. 
Briggs  Iron  Company. 

Bi'ookline  and  Back  Bay  Street  Railroad  Company. 
Brookline  Hotel  Company,  which  was  chartered  in  1856. 
Burleigh  Tunnel  and  Mining  Company. 
Caleb's  Pond  Company. 
Cambridge  Stamping  Company. 
CambridgejDort  Aqueduct  Company. 
Canton  Hardware  Company. 
Cape  Ann  Telegi'aph  Company. 
Cape  Cod  Foundry  Company. 
Carbon  Lamp  Company,  The. 
Centi'al  Coffee  House  Company. 
Central  Wharf  Company. 

Centi-alville  Cotton  and  Woollen  Manufacturing  Company. 
Charles  River  Woollen  Manufacturing  Company. 
Chatham  and  Harwich  Manufacturing  Company. 
Chelmsford  Company. 
Cheriy  Valley  Cooperative  Association. 
City  Wliarf  Company, 
Clear  Creek  Tunnel  Company. 
Cocasset  Coal  Mining  Company. 
Cochituate  Lead  Company. 
Colton  Refrigerator  Company. 
Concord  Mill  Dam  Company. 
Concord  Steam  Mill  Company. 
Consolidated  Gas  Company. 
Conway  Tool  Company. 
Cordaville  Manufacturing  Company. 
Cordaville  Mills. 

Coj's  Brook  Fishing  Company  in  Harwich. 
Crispin  Cooperative  Company. 
Crown  and  Eagle  Mills,  Proprietors  of  the. 


1873.— Chaptee  327.  845 

Curtisville  Cotton  Manufacturing  Company.  '  Sive^""^ 

Curtis  Hat  Factory. 

Dadmun  Manufacturing  Company. 

Dalton  Cotton  and  Paper  Manufacturing  Company. 

Dana  Manufacturing  Company. 

Danvers  Cotton  Factoi-y  Company,  The. 

Davenport  Car  Comjiany. 

Davis  Manufacturing  Company. 

Dedham  Manufacturing  Company,  The. 

Dedham  Sugar  Refinery. 

Dedham  Worsted  Factory. 

Diamond  ISIanufacturing  Company. 

Dimon  Manufactimng  Company. 

Dighton  Furniture  Comjjany. 

Dorchester  Cotton  and  Iron  Factory 

Dorchester  Whaling  Company. 

Dorr  Manufacturing  Company. 

Douglass  Cotton  Manufactiu-ing  Company. 

Dudley  Cotton  Manufacturing  Company. 

Dudley  Woollen  Manufacturing  Company. 

Duxbury  Manufacturing  Company,  The. 

Duxbury  South  River  Manufacturing  Company. 

Duxbury  "Whaling  Company. 

Eagle  Manufacturing  Company. 

Eagle  Steel  Company. 

East  Boston  Wharf  Company. 

East  Bridgewater  INIanufacturing  Company. 

East  Mansfield  Manufacturing  Company. 

East  Medway  IManufacturing  Company. 

East  Sandwich  Dyking  Company. 

Easton  Lead  and  Silver  Mining  and  Manufacturing  Company. 

Easton  Manufacturing  Comjjany,  The. 

Edgeworth  Company. 

Eliot  Mills. 

Elliot  Manufacturing  Company. 

Emery  House  in  Springfield,  Proprietors  of  the. 

Essex  County  Health  Insurance  Company. 

Essex  Printing  Company. 

Essex  Steam  Mills. 

Ethridge  Improved  Boot  and  Shoe  Company. 

European  Wharf  Company. 

Fall  River  Whaling  Company. 

Faneuil  Iron  Company. 

Fitchburg  Cotton  Manufacturing  Corporation,  The. 

Foxborough  Cotton  Manufacturing  Company,  The. 

Framingham  Hotel  Company. 

Franklin  Laboratory. 

Franklin  Locomotive  Company. 

Franklin  Machine  Company. 

Franklin  Manufacturing  Company. 

Fredonian  Manufacturing  Company. 

Gay  Cotton  Manufacturing  Company. 

Glendale  Company. 

Glendale  Mills. 

Glendon  Rolling  Mill. 

Globe  Steam  Mills. 

Gloucester  Canal,  Proprietors  of  the. 


846  1873.— Chapter  327. 

dfssolved""^      Gloucester  Fishing  Company. 

Goodman  Paper  Manufacturing  Company. 
Grafton  Manufacturing  Company. 
Grand  Junction  Wliarf  Company. 
Granite  Steam  Mill  Company. 
'  Great  Falls  Paper  Manufacturing  Company. 

Green  River  Hemp  and  Flour  Company. 
Green  River  Manufacturing  Comjiany. 
Groveland  Linen  Company. 
Hadley  Falls  Company. 
Hampden  Brewery,  Proprietors  of  the. 
Ham^Dshire  and  Hampden  Mining  Company. 
Hampton  Paper  Company. 
Hancock  Mills. 

Hanson  Manufacturing  Company. 
Haverhill  Cotton  and  Wool  Manufactoiy. 
Hermitage  Mining  Company. 
Hingham  Malleable  Iron  Company. 
Hingham  Umbrella  Manufacturing  Company. 
Hingham  Woollen  Manufactory,  The. 
Holliston  Cloth  Manufactory,  The. 
Holliston  Cotton  and  Woollen  Manufactory,  The. 
Hoosack  Cotton,  Woollen  and  Linen  Manufactory. 
Hope  Oyster  Company. 
Hopkinton  Cotton  Manufacturing  Company. 
Housatonic  Manufacturing  Company. 
Hubbardston  Copperas  Manufacturing  Company. 
Hyde  Park  Company. 
Indian  Orchard  Canal  Company. 
Keith  Iron  Company. 
Lake  Rock  Granite  Company. 
Lanesborough  Marble  Company. 
Lawi'ence  Paper  Company. 
Lead  Pipe  Manufacturing  Company. 
Lee  Boot  and  Shoe  Company. 
Leicester  Manufacturing  Company. 

Linden  Carriage  Sj)ring  and  Axle  Manufacturing  Company, 
Lowell  Brewery. 
Lowell  Museum. 

Lowell  Power  Harness  Company. 

Ludlow  Manufacturing  Company,  which  was  chartered  in  1815. 
Ludlow  Manufacturing  Company,  wliich  was  chartered  in  1849. 
Lyceum  Hall  and  Chapel  Building,  Proprietors  of  the. 
Lynn  Long  Wharf  Company,  The. 
Lynn  Mineral  Spring  Company. 
Lynn  Printing  Company. 
Lynn  Union  Wharf  Company,  The. 
Lynn  Wire  Manufacturing  Company. 
Lynn  Workingmen's  Co-operative  Association. 
Magic  Paper  Collar  Company. 
Maiden  Canal  Company. 
Maiden  Nail  Manufactory,  The. 
Maiden  Tube  Works. 
Manomet  Iron  Comi^any. 
Mansfield  Coal  and  Mining  Company 
Mansfield  Cotton  Manufacturing  Company. 
Marblehead  Cordage  Company. 


1873.— Chapter  327.  847 

Martha's  Vineyard  Steamboat  Company.  dissolved. 

Massachusetts  Beach  Grass  Paper  Company. 

Massachusetts  File  Manufacturing  Company,  The.   . 

Massachusetts  Glass  Company. 

Massachusetts  Hemp  Company. 

Massachusetts  Wood  Preserving  Company. 

Matfield  Manufacturing  Company. 

Mattapan  Iron  Company. 

Maverick  Woolens  Company. 

McKay  Turned  Shoe  Company. 

Mechanic  Hall  in  Lynn,  Proprietors  of. 

Mechanics'  Steam  Mill  Company. 

Medlord  Branch  Canal  and  Locks,  The  Proprietors  of  the. 

Medford  Citizens'  Union  Store  Association. 

Medford  Wire  and  Screw  Factory  Company,  The. 

Medway  Cotton  Manufactory,  The. 

Merchants'  Boston  and  New  Orleans  Steamship  Company. 

Merino  Wool  Factory  Company,  The. 

Merrimack  River  Lumber  Comjmny. 

Merrimack  Steam  Navigation  Company. 

Metallic  Art  Works. 

Middleborough  Manufacturing  Company,  The. 

Middlesex  Bridge,  The  Proprietors  of  the. 

Middlesex  Iron  Company. 

Middlesex  Merrimack  River  Bridge,  Proprietors  of  the. 

Midneag  Manufacturing  Company. 

Milford  Academy,  Proprietors  of. 

Milford  Hotel  Company. 

Mill  River  Reservoir  Company. 

Mill  Dam  Foundry,  Proprietors  of  the. 

Miller's  River  Bridge  Corporation. 

Mills  Steam  Company. 

Monitorial  School  in  the  City  of  Boston,  Proprietors  of  the. 

Monson  and  Brimfield  Manufactiiring  Company,  The. 

Monson  Woollen  Manufacturing  Company,  The. 

Monterey  Hydraulic  Company. 

Mount  Pleasant  Cotton  and  Woollen  Manufactiuing  Company. 

Mount  Washington  Avenue  Corporation. 

Munroe  Company,  The. 

Nahant  Hotel,  Proprietors  of. 

Nahant  Steamboat  Company. 

Nantucket  Lyceum. 

Nantucket  Steamboat  Company. 

Natick  Paper  Company. 

National  Elective  Gas  Lighting  Company. 

Naukeag  Manufacturing  Company. 

New  Bedford  South  Shore  Boot  and  Shoe  Company,  The. 

Neponset  Company. 

Neponset  Cotton  Factory  Company,  which  was  chartered  in  the  year 

1814. 
Neponset  Manufacturing  Company. 
Neponset  Paper  Mills. 
Neponset  Wharf  Company. 
New  Bedford  and  Fairhaven  Railway  Company. 
New  Bedford  Sti'eet  Railroad  Company. 
New  England  Chemical  Laboratory. 
New  England  Coal  Company. 


84:8  1873.— Chaptek  327. 

Corporations      j^ew  Englaucl  Coal  Mining  Company. 
18S0  ve  .  -^^^  England  Concrete  Pavement  Company. 

New  England  Cordage  Company. 
New  England  Cordage  Manufacturing  Company. 
New  England  Crown  Glass  Company. 
New  England  Diamond  Drill  Company. 
New  England  Electric  Gas  Lighting  Company. 
New  England  Ice  Comjiany. 
New  England  Nicolson  Pavement  Company. 
New  England  Painted  Floor  Cloth  Company. 
New  England  Pharmaceutical  Company. 
New  England  Portable  Pump  Company. 
New  England  Silk  Company. 
New  Market  Manufacturing  Company,  The. 
Newburyport,  Boston  and  Haverhill  Steamboat  Company. 
Newburyport  Hosiery  Company. 
Newburyport  Hosiery  Manufacturing  Company. 
Newbuiyport  Steam  Cotton  Factory. 
Newburyport  Submarine  and  Wrecking  Company. 
Newburyport  Woollen  Manufactory,  The  Proprietors  of  the. 
Newton  Factories. 

Newton  Mills,  which  was  chartered  in  the  year  1853. 
Newton  Wire  Manufactory,  The. 
Nobscusset  Point  Pier  Company,  The. 
Norfolk  Cotton  Manufactory,  Proprietors  ot  the. 
Norfolk  House,  Proprietors  of  the. 
Norfolk  Laboratory,  Proprietors  of  the. 
Norfolk  Lead  Company. 
North  Adams  Iron  Company. 
North  Adams  Water  Company. 

North  Bridgewater  Cooperative  Grocery  Association. 
North  Oxford  Manufacturing  Company. 
North  Wayne  Tool  Company. 
North  Wharf  Company. 

Northampton,  Hadley  and  Amhei'st  Street  Railway  Company. 
Northbridge  Cloth  Manufacturing  Company. 
Northbridge  Cotton  Manufacturing  Company. 
Norton  Manufacturing  Company, 
Oakdale  Hotel  Company. 
Old  Colony  Cordage  Company. 
Old  Colony  Oil  Company. 
Orange  Cotton  Factory  Company,  The. 
Orr  Manufacturing  Company. 
Otter  River  Manufacturing  Company. 
Oxford  Central  Manufacturing  Company  The. 
Oxford  Woollen  Manufacturing  Company. 
Palmer's  River  Manufacturing  Company. 
Pemberton  Collar  Company. 
Pemberton  Manufacturing  Company. 
Pemberton  Mill. 

Pembroke  Cotton  and  Wool  Manufactory. 
Pembroke  Steamboat  Company. 
Perkins  Mills. 

Petersham  Cotton  Factoiy,  The. 

Phillipston  Cotton  and  Woollen  Manufacturing  Company. 
Pitchewan  Manufacturing  Comjjany. 
Plymouth  Cotton  Manufactory,  The. 


1873.— Chapter  327.  849 

Pneumatic  Drill  Company.  toKd*^"^ 

Pocasset  Iron  Company. 

Pocumtuck  Hotel  Company. 

Powow  River  Mills. 

Prescott  Manufacturing  Company. 

Provincetown  Marine  Railway. 

Quincy  Granite  Company. 

Quinsig'amond  House,  Proprietoi's  of  the. 

Quinsigamond  Paper  Mills  Company. 

Rivulet  Manufacturing  Company,  The, 

Robbins  Cordage  Company. 

Rock  Harbor  River  Company. 

Roxbury  Colour  and  Chymical  Manufactoiy 

Roxbury  Hair  Cloth  Company. 

Roxbury  India  Rubber  Factory, 

Roxbury  Silk  Factory. 

Roxbury  Wool  and  Worsted  Company, 

Rubber  Clothing  Company. 

S.  P.  Ruggles  Power  Press  Manufacturing  Company. 

Sagamore  Hotel  Company  in  Lynn,  Proprietors  of  the. 

Salem  Union  Street  Corporation. 

Salisbury  Manufacturing  Company. 

Sanchachantacket  Fishing  Company. 

Sargent's  Wharf,  Proprietors  of. 

Second    Universalist  Meeting-House   in    the    Town  of  Cambridge, 

Proi^rietors  of  the. 
Second  Universalist  Meeting-House  in  Lowell,  Proi^rietors  of  the. 
Sharon  Cotton  Manufacturing  Compan}^  The. 
Shawmut  Gas  Light  Company. 

Shawmut  Gas  Light  Company  in  the  City  of  Boston. 
Shawmut  Sugar  Refining  Company. 
Shii'ley  Manufacturing  Company. 
South  Lee  Manufacturing  Comijany. 
South  Randolph  Cooperative  Association. 
South  Wilbraham  Manufacturing  Company. 
Southworth  Manufacturing  Company. 
Springfield  Ames  Paper  Manufacturing  Company. 
Springfield  Canal  Company. 
SiJringfield  Car  and  Engine  Company. 
Springfield  Card  Manufacturing  Company. 
Springfield  Cork  Manufacturing  Company. 
Springfield  Manufacturing  Company, 
Si^ringfield  Satinet  Company,  The. 
Sj^ringfield  Water  Power  Company. 
Spy  Pond  Water  Company. 

Steep  Brook  Cotton  and  Woollen  Manufacturing  Company. 
Stockbridge  Cotton  Manufacturing  Company. 
Stoueham  Manufacturing  Company. 
Stoneham  Marble  and  Lime  Company. 
Stoneville  Manufacturing  Company. 
Stony  Brook  Manufacturing  Company,  The, 
Stoughton  Woolen  and  Cotton  Manufacturing  Company. 
Stratton  Cotton  Manufacturing  Company. 
Suffolk  and  Tremont  Mills, 
Suffolk  Cordage  Company. 
Suffolk  Gas  Company. 
Swanzey  Paper  Company. 


850  1873.— Chapter  327. 

Corporations      Swanzev  Union  Manufacturing  Company,  The. 
dissolved.  rj.^^^^  p'l^^^  Company. 

Temperance  Hall  Association  in  Dedham. 

Three  Rivers  Manufacturing  Company. 

Townsend  Leather  Company. 

Tremont  House,  The  Proprietors  o£ 

Tremont  Iron  Company. 

Tremont  Oil  Company. 

Truro  Pond  Harbor  Corporation,  The. 

Truro  Wharf  and  Break^Tater  Company. 

Tufts  Manufacturing  Company. 

Type  Setting  and  Justifying  Machine  Company. 

Union  Hall  Society. 

Union  Heel  Manufacturing  Company. 

Union  Mills,  The. 

Union  Patent  Knife  and  Needle  Company. 

Union  Wharf  Company,  Truro,  which  was  chartered  in  1831. 

Union  Wheel  Factory  Company,  The. 

Unitarian  Meeting-House  in  Greenfield,  Proprietors  of  the. 

United  States  Glass  Company. 

United  States  Hotel  Company  in  Lawrence. 

United  States  Standard  Nut  Company. 

Upper  Falls  Meeting-House  in  Newton,  Proprietors  of  the. 

Upton  Hotel,  Proprietors  of  the. 

Uxbridge  Woollen  Manufacturing  Company. 

Van  Deusenville  Manufacturing  Company. 

Village  Factory. 

Wading  River  Reservoir  Company,  which  was  chartered  in  1846. 

Wadsworth  Woollen  Company. 

Wales  Manufacturing  Company. 

Wales  Woolen  Manufacturing  Company. 

Walomopogge  Manufacturing  Company,  The. 

Walpole  Manufacturing  Company. 

Waltham  Cotton  and  Wool  Factory  Company,  The. 

Wanalancett  Iron  and  Tube  Company. 

Ward  Manufacturing  Company. 

Ward  Mills. 

Ware  Gas  Light  Company. 

Wareham  Cotton  Mills. 

Wareham  Iron  Company. 

Washburn  Steam  Works. 

Watatick  Manufacturing  Company. 

Webster  Slate  Company. 

West  Brook  Company. 

Westfield  Manufacturing  Company,  The. 

Westfield  Paper  Mills. 

Westfield  White  Lead  Company. 

Weweantitt  Bridge,  Proprietors  of  the. 

Weymouth  Aqueduct  Corporation. 

Wheaton  Manufacturing  Company. 

Whitney  Chair  Company. 

Wickersham  Nail  Company. 

Williamstown  Manufacturing  Company,  which  was  chartered  in  1828. 

Willimansett  Manufacturing  Company. 

Winchendon  Manufacturing  Company. 

Wolf  Hill  Lead  Mine  and  Manufacturing  Company. 

Woodbridge  Manufacturing  Company. 


1873.— Chapter  828.  851 

Worcester  Coal  Mining  Company.  Sived!"''^ 

Worcester  Machine  Shop  Company. 

Woi'cester  Peat  Company. 

Worthen  Manufacturing  Company. 

Wrentham  Carpet  Companj'. 

Wrentham  Manufacturing  Company,  The. 

Yarmouth  Port  Ice  Company. 

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 

/V.J.  'J.  T_T_  '      1.  J.*         not  to  be  affect- 

aiiect  any  suits  now  pending  by  or  against  any  corporation  ed. 
mentioned  in  the  first  section  of  this  act,  nor  any  suit  now 
pending  or  hereafter  brought  for  any  liability  now  exist- 
ing 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  supposed  corporations  mentioned  in  said  first 
section. 

Section  3.     Suits  upon  choses  in  action  arising  out  of  ofcontrlctfsoid 
contracts  sold  or  assigned  by  any  corporation  dissolved  by  may  be  prose- 
this  act  may  be  brought  or  prosecuted  in  the  name  of  the  srgnee.^'*'' 
purchaser  or  assignee.     The  fact  of  sale  or  assignment, 
and  of  purchase  by  the  plaintiif,  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  corpora- 
tion, had  it  not  been  dissolved  by  this  act. 

Section  4,     This  act  shall  take  eifect  upon  its  passage. 

Approved  June  2,  1873. 

An  Act  in  fukther  addition  to  an  act  concerning  the  >ianu-  pj^      090 

FACTUKE  AND  SALE  OF  INTOXICATING  LIQUORS.  ^'^*      '^-^* 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Section  forty -nine  of  chapter  four  hundred  Amendment  to 
and  fifteen  of  the  acts  of  the  year  eighteen  hundred  and  ^^^^'  '*^'^'  ^  *^' 
sixty-nine  is  amended  by  striking  out  the  words  "and  by 
publishing  an  attested  copy  at  least  twice  in  some  news- 
paper printed  in  the  county  where  the  seizure  is  made,  if 
there  is  any  such  paper,"  and  also  by  striking  out  the 
words  "and  the  first  publication  in  the  newspaper." 

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

Approved  June  2,  1873. 
48 


852 


1873.— Chapters  329,  330,  331. 


$150,000  addi- 
tional capital 
stock. 


Cll.      329.   ^^  ^^^  ^^   AUTHORIZE   THE   SOUTH  BOSTON  RAILROAD  COMPANY  TO 

INCREASE  ITS   CAPITAL   STOCK. 

Be  it  enacted,  &c.,  as  follows  : 

The  South  Boston  RaUroad  Company  may  increase  its 
capital  stock  by  adding  thereto  a  sum  not  exceeding  one 
hundred  and  fifty  thousand  dollars.     Approved  June  2, 1873. 

Ch.      330.  ^  ^^^  ^^   RELATION   TO   THE   WORCESTER  ACADEMY. 

Be  it  enacted,  &c.,  as  follows: 
So^'beiio™'"      Section  1.     Hereafter,  the  number  of  trustees  of  the 
less  than  fifteen  Worccstcr  Acadcmv,  an  institution  incorporated  by  act 

nor  more  tiitxn  •/  ■*  a  */ 

twenty-five.        of  the  legislature   of  eighteen  hundred   and   thirty-four, 
shall  not  be  less  than  fifteen,  nor  more  than  twenty-five. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Aj)j)rovcd  June  2,  1873. 

Ch.      331.   ^'^  -^^'^  ^*^   ESTABLISH  A  STANDARD  FORM  FOR  INSURANCE  POLICIES. 

Be  it  eiiacted,  &c.,  asfolloivs: 

Section  1.  Any  insurance  company  authorized  to 
issue  policies  in  this  Commonwealth  may  print  upon  their 
policies  the  words  "Massachusetts  Standard  Policy," 
provided  that  the  printed  parts  of  such  policies  are  in  the 
following  form  and  language,  and  that  all  other  provisions 
of  said  policies,  except  as  provided  in  section  two,  are  in 


Prescribed  form 
of  the  "Massa- 
chusetts Stand- 
ard Policy  "  o!f 
insurance. 


writing : — 


Premium. 
Amount  insured. 


The  Insurance  Company,  of 

,  in  consideration  of  dollars, 

insures 
to  the  amount  of  dollars,  on 


Property  insured. 
Property  not  cov- 
ered by  policy. 


Bills  of  exchange,  notes,  accounts,  evidences  and 
securities  of  property  of  eveiy  kind,  books,  wearing 
apparel,  plate,  money,  jewels,  musical  instruments,  medals,  paint- 
ings, sculpture,  and  curiosities  are  not  included  in  said  insured 
property,  unless  specially  mentioned. 

Said  property  is  insured  for  the  term  of 
Term.  beginning  on  the  day  of 

in  the  year  one  thousand  eight  hun- 
at  noon,  and  continuing  until  the 
in  the  year  one  thousand  eight  hundred  and 
at  noon,  against  all  loss  or  damage 
by  fire,  originating  in  any  cause  except  invasion, 
foreign  enemies,  civil  commotions,  riots,  or  any  mili- 
tary or  usurped  power  whatever ;  the  amount  of  said 
loss  or  damage  to  be  estimated  according  to  the  actual  value  of  the 
insured  property  at  the  time  when  such  loss  or  damage  happens,  but 
not  to  incliide  loss  or  damage  caused  by  explosions  of  any  kind, 
unless  fire  ensues,  and  then  to  include  that  caused  by  fire  only. 

This  policy  shall  be  void  if  any  material  fact  or 
Matters  avoiding  circumstance  stated  in  writing  has  not  been  fairly 
policy-  represented  by  the  insured, — or  if  the  insured  now 


dred  and 
day  of 


Perils  insured 
against. 


1873.— Chapter  331.  853 

has  or  shall  hereafter  make  any  other  insurance  on  the  said  property 
without  the  written  assent  of  the  company,— or  if,  without  such 
assent,  the  said  property  shall  be  removed,  unless  such  removal  shall 
be  necessary  for  its  preservation  from  fire, — or  if,  without  such 
assent,  the  situation  or  circumstances  affecting  the  risk  shall,  by 
or  with  the  advice,  agency  or  consent  of  the  insured,  be  so  altered 
as  to  cause  an  increase  of  such  risk,  the  non-occupancy  of  the 
premises  insured  or  containing  the  propei-ty  insjn-ed  not  being 
deemed,  however,  to  cause  such  increase, — or  if,  without  such 
assent,  the  said  property  shall  be  sold,  or  this  policy  assigned,— or 
if  the  insured  shall  make  any  attempt  to  defraud  the  company, — or 
if  gunpowder  or  other  articles  sulyect  to  legal  restriction  shall  be 
kept  in  quantities  or  manner  different  from  those  allowed  or  pre- 
scribed by  law, — or  if  cami^hene,  benzine,  naphtha,  or  other  chem- 
ical oils  or  burning  fluids  shall  be  used  by  the  insured  on  the  premises 
insured,  except  that  what  is  known  as  refined  peti-oleum,  kerosene,  or 
coal  oil,  may  be  used  in  stores  or  dwellings  for  lighting. 

If  the  insured  property  shall  be  exposed  to  loss  or  Assured  to  pro- 
damage  by  fire,  the  insured  shall  make  all  reasonable  clfse^of^e^xposure 
exertions  to  save  and  protect  the  same.  to  Are. 

In  case  of  any  loss  or  damage  under  this  policy,  a 
statement  in  writing,  signed  and  sworn  to  by  the  in-  statement  by  in- 
sured, shall  be  forthwith  rendered  to  the  company,  \olt  '"  '^'^^^  ° 
setting  forth  the  value  of  the  property  insured,  the 
interest  of  the  insured  therein,  all  other  insurance  thei'eon,  the 
purposes  for  whicli  and  the  persons  by  whom  the  building  insured, 
or  containing  the  property  insured,  was  v;sed,  and  the  time  at  which 
and  manner  in  which  the  fire  originated,  so  far  as  known  to  the 
insured.  The  company  may  also  examine  the  books  of  account  and 
vouchers  of  the  insured,  and  make  extracts  from  the  same. 

In  case  of  any  loss  or  damage,  the  company,  within 
sixty  days  after  the  insured  shall  have  submitted  a     payment  of  loss 
statement,  as  provided  in  the  preceding  clause,  shall     eo'da^^lffttr"^'" 
either  pay  the  amount  for  which  it  shall  be  liable,     proof,  unless 
or  rejilace  the  jH-operty  with   other  of  the  same  kind      to^epiace^or'* 
and  goodness, — or  it  may  within  [fifteen]  days  after     repair. 
such  statement  is  submitted,  notify  the  insured  of  its 
intention  to  rebuild  or  repair  the  premises,  and  shall  thereupon  enter 
upon  said  premises  and  proceed  to  rebuild  or  repair  the  same  with 
reasonable  expedition.    It  is  moreover  understood  that  there  can  be 
no  abandonment  of  the  property  insured  to  the  company,  and  that 
the  company  shall  not  in  any  case  be  liable  for  more  than  the  sum 
insui'ed,  with  interest  thereon  from  the  time  when  the  loss  shall 
become  payable,  as  above  provided. 

If  there  shall  be  any  other  insurance  on  the  prop-      Apportionment 
ei'ty  insured,  whether  prior  or  subsequent,  the  insured      other  insurance? 
shall  recover  on  this  policy  no  greater  proportion  of 
the  loss  sustained  than  the  sum  hereby  insured  bears  to  the  whole 
amount  insured  thereon.     And  whenever  the  company 
shall  pay  any  loss,  the  insured  shall  assign  to  it,  to  the      insured  to  assign 
extent  of  the  amount  so  paid,  all  rights  to  recover      ciaimragamst 
satisfaction  for  the  loss  or  damage  from  any  person,      ^^^^  parUes. 
town,  or  other  coi'i^oration,  excepting  other  insurers  ; 
or  the  insured,  if  requested,  shall  prosecute  therefor  at  the  chai'ge 
and  for  the  account  of  the  company. 


854  1873.— Chapter  331. 

This  policy  may  be  cancelled  at  any  time  at  the 
Cancellation  of       request  of  the  insured,  who  shall  thereupon  be  entitled 
'^^^^'  to  a  return   of  the  portion   of  the   above  premium 

remaining,  after  deducting  the  customaiy  monthly  short  rates  for  the 
time  this  policy  shall  have  been  in  force.  The  company  also  reserves 
the  I'ight,  after  giving  written  notice  to  the  insured,  and  tendering  to 
the  insured  a  ratable  proportion  of  the  premium,  to  cancel  this 
policy  as  to  all,  risks  subsequent  to  the  expiration  of  ten  days  from 
such  notice. 

If  this  policy  shall  be  made  payable  to  a  mortgagee, 
^'^case^the^'^cfi-  ^°  *^*'  ^^  default  of  the  insured  shall  affect  such  mort- 
icy  is^made  payl  gagcc's  right  to  recovcr  in  case  of  loss :  provided,  that 
ga"ee'°  ^  ^^^^'  ^^  shall,  on  demand,  pay  according  to  the  established 
scale  of  rates  for  any  increase  of  risks  not  paid  for  by 
the  insured,  and  shall,  if  the  company  shall  elect  upon  the  happening 
of  a  loss  to  pay  him  the  whole  amount  secured  by  this  mortgage, 
assign  to  the  company,  upon  such  payment,  his  said  mortgage, 
together  with  the  note  and  debt  thereby  secured,  and  all  other  securi- 
ties held  by  him  as  collateral  for  the  same 

In  case  any  difference  of  opinion  shall  arise  as  to 
suta^u'dV'r'f'  ^^^  rights  of  the  parties  under  this  policy,  the  subject 
erees.  "     thereof  shall  be  referred  to  three  disinterested  men, 

the  company  and  the  insured  each  choosing  one  out 
of  three  persons  to  be  named  by  the  other,  and  the  third  being 
selected  by  the  two  so  chosen,  and  the  decision  of  a  majority  of 
said  referees  shall  be  final  and  binding  on  the  parties. 

In  witness  ivhereof  the  said  company  has  caused  this  policy  to  be 
signed  by  its  president   and    countersigned  by  its    secretary  this 
day  of  in  the  year  one  thousand  eight 

hundred  and 

Presidtnt. 
Secretary. 

Name,  location,      Section  2.     The  provisioiis  of  the  preceding  section 

date  of  incorpo-      in.  .  /»  •    i-  • 

ration,  &o.,  may  shall  iiot  prevciit  any  company  irom  printing  on  or  in  any 
pouoy?*'''^ '"  policy  so  to  be  designated  as  "Massachusetts  Standard 
Policy"  the  name,  location  and  date  of  incorporation  of 
the  company,  the  amount  of  its  capital  stock,  the  names 
of  its  officers  and  agents,  and  the  number  and  date  of  the 
policy ;  and  shall  not  prevent  the  use  of  printed  forms  of 
description  and  specification  of  the  property  insured  under 
said  policies,  nor,  in  case  any  such  policy  is  issued 
through  any  agent  of  such  company  shall  said  provisions 
prevent  the  company  from  printing  on  or  in  any  policy  the 
following  words  : — "  This  policy  shall  not  be  valid  until 
countersigned  by  the  duly  authorized  agent  of  the  com- 
pany at  ." 
Penalty  on  agent      SECTION  3.     Auy  iusuraucc  Company,  and  any  agent 

or  company  for        -  .  •'  i.         ./  '  T    •!• 

not  conforming   01    any   iiisurancc    company,    or    auy    person    soliciting 

to  provisionB  of    •  i  in'  i-  c     •  i. 

this  act.  insurance,   who  shall  issue  any  policy  or   insurance  not 

conforming   to   the   provisions    of  this   act,    which  shall 


1873.— Chapter  331.  855 

contain  on  or  in  such  policy  the  words  "Massachusetts 
Standard  Policy,"  or  any  other  similar  designation,  shall 
for  each  offence  forfeit  and  pay  to  the  use  of  the  Common- 
wealth one  thousand  dollars,  to  be  sued  for  and  recovered 
with  costs,  in  the  name  of  the  Commonwealth,  in  an 
action  of  tort. 

Section  4.     Any  insurance  company,  and  any  agent  of  ^^^^'1'  ^"^^ 
such  company  or  other  person  soliciting  insurance,  who  "Standard" 
shall  after  July  first,  eighteen  hundred  and  seventy-three,  commiseioner  a 
issue  or  dehver  any 'policy  of  insurance  against  loss  or  theJkfJnd^to 
damage  by  fire,  differing  as  to  any  of  its  printed  words  "^• 
from  the  form  set  forth  in  this  act,  shall  first  file  with  the 
insurance  commissioner  a  copy  of  the  printed   form   of 
contract  or  policy  intended  to  be   thereafter   used   and 
issued  by  said  company,  agent,   or  person  in  this  Com- 
monwealth, and  thereafter  in  case  of  any  change  in  such 
printed  form,  a  statement  thereof  shall  also  be  filed  with 
the  insurance  commissioner   prior  to  the  use  of  a  form 
containing  such  change  in  printed  words,  and  any  com- 
pany, agent  or  person  failing  or  refusing  to  comply  with 
the  provisions  of  this  section,  may  be  enjoined  on  com- 
plaint of  the  insurance  commissioner   from  issuing  any 
more  policies  of  insurance  in  this  Commonwealth.     And, 
upon  a  request  made  by  the  secretary  of  any  incorporated 
board  of  trade,  chamber  of  commerce,  or  corn  exchange, 
said  insurance  companies,  agents,  or  persons  shall  furnish 
them,  through  the  insurance  commissioner,  with  copies  of 
the   printed   forms    of   policy   used   or   issued   by   them 
respectively  in  this  Commonwealth,  and  of  all  changes 
made  in  such  forms  as  above  provided. 

Section  5.     It   shall   be    the   duty   of    the    insurance  Forms  of  poii. 

,1  1     c  f  1^         1  T  z'  cies  to  be  kept 

commissioner  to  keep  such  forms  oi  contract  or  polic}^  oi  by  commission 
insurance,  and  changes  therein,  in  a  book  provided  for  gpeXo°n*^fthe 
such  purpose,  and   also  to  examine  such  forms,  and  to  p"^i»<'- 
note  in  said  book,  in  a  convenient  manner  for  reference, 
the  material  variations  of  such  forms  from  the  form  set 
forth  in  this  act,  which  book  shall  be  open  to  the  inspec- 
tion of  the  public,  at  the  office  of  the  insurance  commis- 
sioner.    Said  insurance  commissioner  shall  furnish  a  copy 
of  such  variations  to  any  person  applying  for  the  same, 
and  may  charge  a  fee  not  exceeding  one  dollar  for  each 
such  service,  provided  such  service  shall  be  performed  in 
his  individual  capacity,  and  that  the  Commonwealth  shall 
not  assume  any  responsibility  therefor. 


856  1873.— Chaptee  332. 

vtoiatioroftws       Section  6.     Any  policy  of  insurance  issued  or  deliverd 
act  to  be  binding  in  this  Commonwealth  in   violation    of  any  of  the   pro- 

upon  company.        ..  /•ji-  iin  t     ^  ■,       i  •     -,•  ^ 

Visions  01  this  act,  shall  nevertheless  be  binding  upon  the 
company  issuing  the  same.  Ajjproved  June  3, 1873. 

Ch.      332.  -^^  -^CT  TO  ESTABLISH -HARBOR  LINES  ON  NEPONSET  RIVER. 

Be  it  enacted,  <6c.,  as  follows : 
Sbiiahedon^i^  Section  1.  The  liues  hereinafter  described  are  estab- 
pouset  River.  Ushcd  as  lincs  on  the  westerly  and  easterly  sides  of  Ne- 
ponset  River  respectively,  beyond  which  no  wharf,  pier 
or  other  structure  shall  ever  hereafter  be  extended  in  or 
over  the  tide-water  of  the  Commonwealth. 
Desci-iption  of  SECTION  2.  The  Kiie  ou  the  westerly  side  of  Neponset 
ly  side  of  river.  Rivcr  herciii  established  begins  at  the  point  N,  defined  in 
the  fourth  section  of  the  two  hundred  and  ninety-third 
chapter  of  the  acts  of  the  year  eighteen  hundred  and  fifty- 
six,  and  runs  thence  south-easterly  to  the  point  O  shown 
on  the  harbor  commissioners'  plan  of  harbor  lines  on  Ne- 
ponset River,  dated  the  first  day  of  May  of  the  year  eigh- 
teen hundred  and  seventy- three,  which  point  is  distant 
fourteen  hundred  and  sixty  feet  from  the  rail  mentioned 
in  said  fourth  section,  measuring  at  right  angles  therewith, 
from  a  point  distant  twenty-six  hundred  and  seventy  feet 
north-westwardly  from  the  draw  mentioned  in  said  fourth 
section  ;  thence  south-eastwardly  again  to  the  point  P  dis- 
tant sixteen  hundred  and  thirty  feet  from  said  rail,  meas- 
uring at  right  angles  therewith,  from  a  point  distant 
twenty-one  hundred  and  fifty  feet  north-westwardly  from 
said  draw ;  thence  south-eastwardly  again  to  the  point  Q 
distant  seventeen  hundred  feet  north-eastwardly  from  said 
rail,  measuring  at  right  angles  therewith  from  a  point 
distant  sixteen  hundred  feet  north-westwardly  from  said 
draw ;  thence  south-eastwardly  again  to  the  point  R  dis- 
tant fifteen  hundred  and  ninety  feet  south-eastwardly  from 
said  rail,  measuring  at  right  angles  therewith  from  a  point 
ten  hundred  and  ninety  feet  north-westwardly  from  said 
draw ;  thence  south-eastwardly  again  tp  the  point  S  dis- 
tant thirteen  hundred  and  forty  feet  north-eastwardly  from 
said  rail,  measuring  at  right  angles  therewith  from  a  point 
distant  six  hundred  and  thirty  feet  north-westwardly  from 
said  draw ;  thence  southerly  to  the  point  T  distant  eleven 
hundred  and  forty  feet  south-eastwardly  from  said  rail, 
measuring  at  right  angles  therewith  from  a  point  distant 
three  hundred  and  eighty  feet  north-westwardly  from  said 


1873.— Chapter  332.  857 

draw;  thence  south-westwardly  to  the  point  U  distant 
eight  hundred  and  fifty  feet  south-eastwardly  from  said 
rail,  measuring  at  right  angles  therewith  ft'om  a  point  dis- 
tant two  hundred  and  seventy  feet  north-westwardly  from 
said  draw  ;  thence  south-westwardl}'  again  to  the  point  W 
on  the  south-eastwardly  corner  of  James  Jenkins'  wharf, 
formerly  so  called ;  thence  south-westerly  again  to  the 
point  X  on  the  south-eastwardly  corner  of  W.  H.  Cham- 
berlin's  wharf,  formerly  so  called ;  thence  continuing 
south-westwardly  along  the  south-eastwardly  ends  of  said 
Chamberlin's  wharf  and  of  Edward  Preston's  wharf,  form- 
erly so  called,  to  the  point  Y  on  the  eastwardly  side  of 
the  Neponset  Bridge. 

So  much  of  said  two  hundred  and  ninety-third  chapter 
of  the  acts  of  the  year  eighteen  hundred  and  fifty-six  as 
establishes  the  harbor  line  from  the  point  N  to  the  point 
S  as  therein  described,  is  hereby  repealed. 

Section  3.  The  line  on  the  easterly  side  of  Neponset  Description  of 
River  commences  at  the  point  A^ ,  shown  on  said  harbor  sidroTriven '  ^ 
commissioners'  plan,  on  the  north-easterly  side  of  the  Old 
Colony  Railroad  bridge,  distant  four  hundred  feet  south- 
eastwardly  from  the  harbor  line  herein  before  described, 
on  the  opposite  side  of  the  river,  between  the  points  W 
and  X,  measuring  at  right  angles  ft-om  said  line,  and  runs 
noi-th-eastwardly  parallel  to  the  line  ^NU  herein  before 
described  on  the  opposite  side  of  the  river  to  the  point  B^ 
distant  four  hundred  feet  south-eastwardly  from  the  point 
U,  measuring  at  right  angles  to  the  said  line  WU ;  thence 
north-eastwardly  again  to  the  point  C^  distant  four  hun- 
dred and  fifty  feet  south-eastwardly  from  the  said  opposite 
point  T,  measuring  on  a  line  bisecting  the  angle  at  said 
point  T;  thence  northwardly  to  the  point  D^  distant  four 
hundred  and  fifty  feet  eastwardly  from  the  said  opposite 
point  S,  measuring  on  a  line  bisecting  the  angle  at  said 
point  S ;  thence  north  a  little  westwardly  to  the  point  E^ 
distant  four  hundred  and  fifty  feet  eastwardly  from  the 
said  opposite  point  R,  measuring  on  a  line  bisecting  the 
angle  at  said  point  R ;  thence  north  still  more  westwardly 
to  the  point  F^  distant  four  hundred  and  fifty  feet  north- 
eastwardly from  the  said  opposite  point  Q,  measuring  on 
a  line  bisecting  the  angle  at  said  point  Q ;  thence  north- 
westwardly to  the  poiu  G^  distant  five  hundred  feet  from 
the  said  opposite  point  P,  measuring  on  a  line  bisecting 
the  angle  at  said  point  P ;  thence  north-westwardly  again 


858  1873.— Chapter  333. 

to  the  point  H^  distant  six  hundred  feet  north-eastwardly 
from  the  said  opposite  point  N,  measm-ing  on  a  line 
bisecting  the  angle  at  said  point  N ;  thence  north-west- 
wardly  more  northwardly  to  the  point  I^  distant  six  hun- 
dred feet  eastwardly  from  the  opposite  point  M,  defined 
in  the  fourth  section  of  chapter  two  hundred  and  ninety- 
three  of  the  acts  of  the  year  eighteen  hundred  and  fifty-six, 
measuring  on  a  line  bisecting  the  angle  at  said  point  M ; 
thence  northwardly  to  the  point  Ji  distant  eight  hundred 
feet  eastwardly  fi"om  the  said  opposite  point  L,  defined  in 
said  fourth  section  measuring  on  a  line  at  right  angles  to 
the  line  ML,  defined  as  aforesaid. 
No  structure  to       SECTION  4.     No  wharf,  pier,  building,  structure,  or  in- 

be  extended  be-  ■•  /.  i*TT.n  \.  rj.        v.  a.        t     i 

yond  the  estab-  cumbrancc  oi  any  kind  shall  ever  hereaiter  be  extended 
hshed  lines.  beyoud  the  said  lines  into  or  over  the  tide-water  of  said 
river,  nor  shall  any  wharf,  pier  or  other  structure  which 
is  now  erected  on  the  inner  side  of  either  of  said  lines  ex- 
tend further  towards  the  said  line  than  such  wharf,  pier 
or  structure  now  stands,  or  than  the  same  might  have 
been  lawfully  enlarged  or  extended  before  the  passing  of 
this  act,  without  leave  first  obtained  according  to  law. 
Penalties.  SECTION  5.     Evciy   pei'sou    or    Corporation    offending 

against  the  provisions  of  this  act  shall  be  deemed  guilty  of 
a  misdemeanor,  and  shall  be  liable  to  be  prosecuted  there- 
for by  indictment  or  information  in  any  court  of  competent 
jurisdiction,  and  on  conviction  shall  be  punished  by  a  fine 
not  less  than  one  thousand  dollars  nor  more  than  five 
thousand  dollars  for  every  offence,  and  any  structure  or 
obstruction  which  shall  be  made  contrary  to  the  provisions 
and  intent  of  this  act,  shall  be  liable  to  be  removed  and 
abated  as  a  public  nuisance,  in  the  manner  provided  for 
the  removal  and  abatement  of  nuisances  in  the  public  high- 
way or  in  any  other  manner  authorized  by  law. 

Aiyproved  June  3, 1873. 

fir      qqo    Ak  Act  to  amend  an  act  in  relation  to  the  capital,  of  gas 

Kyll.      OOD.  CORPORATIONS. 

Be  it  e7iacted,  &c.,  as  follows : 
Amendment  to        SECTION  1.     Scctioii  ouc  of  chaptcr  thirtv-mne  of  the 

-iQ-rq    qq    g  -i  X  </ 

'  ' '  ■  acts  of  the  present  year  is  amended  by  adding  at  the  end 
thereof  the  following  words,  to  wit :  "  and  with  the  further 
exception  that  such  shares  of  stock  may  be  offered  for 
sale  either  in  the  town  or  city  where  the  coi'poration  is 
located,  or  in  the  city  of  Boston,  or  in  both  places." 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  3, 1873. 


1873.— Chapter  334.  859 

An  Act  in  addition  to  an  act  making  appropriations  to  meet  qj^^    334, 
certain  expenditures  authorized  the  present  year,  and  for 
other  purposes. 

Be  it  enacted,  &c.,  asfolloios: 

Section  1.     The  sums  hereinafter  mentioned  are  ap-  Appropriation 
propriated  to  be  paid  out  of  the  treasury,  from  the  ordi-  ^" 
nary  revenue,  except  in  cases  otherwise  ordered,  for  the 
purposes    specified   in    certain    acts    and  resolves    of  the 
present  year,  and  for  other  purposes,  to  wit : — 

In  the  resolve,  chapter  seven,  in  favor  of  certain  insur-  insuranca 
ance  agents,  in   re-imbursement   for   taxes  overpaid,  one  ^^^^^' 
hundred  and  thirty-six  dollars  and  twenty-eight  cents. 

In  the  resolve,  chapter  ten,  in  favor  of  George  Downes,  GeorgeUownes. 
the  sum  of  twenty-four  dollars,  on  account  of  state  aid. 

In   the   resolve,  chapter   thirteen,  in    favor  of  Ella  J.  EiiaJ.  Buxton. 
Buxton,  the  sum  of  one  hundred  and  seventy-five  dollars, 
on  account  of  state  aid. 

In  the  resolve,  chapter  fifteen,  in  favor  of  George  H.  Son'^^^^"^"'"' 
Johnston,  for  expenses  incurred  in  trial  by  court  of  in- 
quiry, the  sum  of  two  hundred  and  sixty-two  dollars. 

In   the   resolve,  chapter   sixteen,  in  favor  of  Timothy  Timothy Mur- 
Murphy,  for  injuries  received  at  the  Hoosac  Tunnel,  the  ^  ^' 
sum  of  two  hundred  dollars . 

In  the  resolve,  chapter  seventeen,  in  favor  of  the  disa-  Disabled  sot 
bled  soldiers'  employment  bureau,  the  sum  of  three  thou- 
sand dollars. 

In  the  resolve,  chapter  eighteen,  in  favor  of  the  town  west Boyiston. 
of  West  Boyiston,  for  the  support  of  a  state  pauper,  the 
sum  of  two  hundred  and  seventy-eight  dollars  and  twenty 
cents . 

In  the  resolve,  chapter  nineteen,  in  favor  of  the  Mas-  Eye  and  Ear 
sachusetts  Charitable  Eye  and  Ear  Infirmary,  the  sum  of  °  ''^^'^^' 
ten  thousand  dollars. 

In  the  resolve,  chapter  twenty,  authorizing  the  sergeant-  insurance  de- 
at-arms  to  lease  a  suitable  building  for  the  use  of  the  in-  p'"'*'^®"*" 
surance  department,  and  for  other   purposes,  a  sum  not 
exceeding  six  thousand  dollars. 

In  the  resolve,  chapter  twenty-one,  in  favor  of  Myra  E.  MyraKReoord. 
Record,   the  sum  of  twenty-four  dollars,  on  account   of 
state  aid. 

In  the  resolve,  chapter  twenty-two,  in  favor  of  Hattie  Hattie  Lemij, 
Lemly,  the  sum  of  sixty-six  dollars,  on  account  of  state 
aid. 

In  the  resolve,  chapter  twenty-four,  in  favor  of  the  city  Lawrence. 

49 


860 


1873.— Chapter  334. 


Mnrdock  Matlie- 
■on. 


State  library. 


State  library. 


Halifax. 


Discharged  fe- 
male prisoners. 


Gay  Head. 


Edward  J. 
Jones. 


Ruesell  Gray. 


Lunatic  hospital 
at  Taunton. 


Amos  Cum- 
mings. 


Assistant  dis- 
trict attorney  for 
Suffolk. 


of  Lawrence,  for  the  support  of  a  state  pauper,  the  sum 
of  two  hundred  and  fourteen  dollars  and  twenty-six  cents. 

In  the  resolve,  chapter  twenty-five,  in  favor  of  Murdock 
Matheson,  for  injuries  received  while  in  service,  as  captain 
of  company  B,  first  battalion  of  cavalry,  Massachusetts 
volunteer  militia,  the  sum  of  one  thousand  dollars. 

In  the  resolve,  chapter  twenty-eight,  authorizing  the 
secretary  of  the  Commonwealth  to  furnish  the  state  library 
with  copies  of  the  General  Statutes  and  supplements  for 
foreign  and  domestic  exchange,  a  sum  not  exceeding  five 
hundred  dollars. 

In  the  resolve,  chapter  twenty-eight,  in  favor  of  the 
state  library,  for  assistance  and  incidentals,  the  sum  of 
three  hundred  dollars. 

In  the  resolve,  chapter  twenty-nine,  in  favor  of  the 
town  of  Halifax,  for  rent  of  armory  for  company  B,  third 
regiment  of  infantry,  Massachusetts  volunteer  militia,  for 
the  year  eighteen  hundred  and  seventy-two,  the  sum  of 
fifty  dollars. 

In  the  resolve,  chapter  thirty-two,  in  favor  of  discharged 
female  prisoners,  a  sum  not  exceeding  one  thousand  five 
hundred  dollars. 

In  the  resolve,  chapter  thirty-four,  in  favor  of  the  town 
of  Gay  Head,  for  the  support  of  its  public  schools,  the 
sum  of  one  hundred  dollars,  to  be  paid  from  the  moiety 
of  the  income  of  the  Massachusetts  school  fund  applicable 
to  the  support  of  public  schools. 

In  the  resolve,  chapter  thirty-five,  in  favor  of  Edward 
J.  Jones,  for  costs  and  damages  paid  by  him,  while  chief 
constable  of  the  Commonwealth,  a  sum  not  exceeding  one 
hundred  and  ten  dollars  and  twenty-five  cents. 

In  the  resolve,  chapter  thirty-six,  in  favor  of  Russell 
Gray,  for  services  in  preparing  a  consolidation  of  railroad 
laws,  a  sum  not  exceeding  two  hundred  dollars. 

In  the  resolve,  chapter  thirtj^-eight,  in  favor  of  the  state 
lunatic  hospital  at  Taunton,  for  enlarging  and  repairing 
the  same,  a  sum  not  exceeding  one  hundred  and  twenty- 
five  thousand  dollars. 

In  the  resolve,  chapter  thirty-nine,  in  favor  of  Amos 
Cummings,  for  compensation  and  expenses  in  attending  a 
court-martial,  a  sum  not  exceeding  one  hundred  and 
thirty-seven  dollars  and  fifty  cents. 

In  the  act,  chapter  eighty-nine,  establishing  the  salary 
of  the  assistant  district  attorney  for  Sufiblk  district,  a  sum 
not  exceeding  five  hundred  dollars. 


1873.— Chapter  334.  861 

In  the  act,  chariter  one  hundred  and  fifty-five,  providinor  Erection  of  new 

'.  i  .  J.  -I     ^^^^  prison. 

for  the  erection  of  a  new  state  prison,  a  sum  not  exceed- 
ing one  million  dollars,  to  be  paid  in  accordance  with  the 
provisions  of  said  chapter,  upon  vouchers  properly  ap- 
proved and  filed  with  the  auditor. 

In  the  act,  chapter  two  hundred  and  forty-seven,  relat-  Camp.ground. 
ing  to  the  establishment  of  a  military  camp-ground,  a  sum 
not  exceeding  fifteen  thousand  dollars. 

For  expenses  of  the  codification  of  the  general  railroad  codification  of 
laws,  and  the  indexing  of  the  charters  and  special  laws  re-  \1^Z^ 
lating  to  railroad  corporations,  as  authorized  by  chapter 
seventy-one   of  the   resolves    of    eighteen   hundred   and 
seventy,  a  sum  not  exceeding  five  thousand  dollars. 

For  advertising  joint  rule  number  nineteen,  by  order  of  Advertising 
the   legislature   of    the   present   year,  two   hundred    and  ^l.^^^    ^°^ 
twenty-four  dollars  and  seventeen  cents. 

For  the  payment  of  mileage  to  the  volunteer  militia  for  Mileage  of  mui- 
the  year  eighteen  hundred  and  seventy-two,  a  sum  not 
exceeding   one   hundred    and    seventy-two    dollars    and 
twenty  cents. 

For  expenses  incurred  in  placing  the  busts  of  Henry  Busts  of  Henry 
Wilson  and  George  S.  Boutwell  in  the  state  library,  as  G^eorge  I^Bout- 
authorized   by  chapter   five    of  the   resolves    of  eighteen  ■^^^^• 
hundred  and  seventy-one,  and  chapter   fifty-four   of  the 
resolves  of  eighteen  hundred  and  seventy-two,  three  hun- 
dred and  fifty  dollars. 

For  printing  the  pamphlet  edition  of  the  general  acts  Pamphlet  edi- 
and  resolves  of  the  present  year,  for  distribution  in  the  act^andTe^'* 
Commonwealth,  a  sum  not  exceeding  one  thousand  dollars,  ^^^^^^' 
the  same  to  be  in  addition  to  the  amount  heretofore  ap- 
propriated. 

For  the  reproduction  of  the   stereotype  plates  of  the  stereotype 
General  Statutes  and  supplements  thereto,  destroyed  in  GeDtraistft. 
the  late  conflagration  in  the  city  of  Boston,  as  authorized  "*''*• 
by  chapter  seventy-one  of  the  resolves  of  eighteen  hun- 
dred and  seventy-two,  a  sum  not  exceeding  one  thousand 
and  eighty-four  dollars  and  sixty-six  cents. 

For  assessors'  books   and  registration   blanks  for  the  Assessor's 
secretary's  department,  a  sum  not  exceeding  three  hun-  trTtJn^biankf!^' 
dred  dollars,  the  same  to  be  in  addition  to  the  appropria- 
tion heretofore  made  for  the  present  year. 

For  the  publication  of  the  Provincial  Statutes,  as  au-  provincial  stat. 
thorized  by  the  resolves  of  eighteen  hundred  and  sixty-  "''^''' 
five,  chapter   forty-three,  and   of  eighteen   hundred   and 


862 


1873.— Chapter  334. 


Reprinting  vol- 
umes of  public 
series  of  docu- 
ments. 


Printing,  &c., 
public  docu- 
ments. 


Printing  and 
binding  "blue 
book." 


Roads  in  Mash- 
pee. 


Secretary,  cleri- 
cal assistance. 


Expenses  of 
committees. 


Massachusetts 
Infant  Asylum. 


General  Stat- 
utes and  supple- 
ments. 


Repairs  and  fur- 
niture  in  state 
house. 


sixty-six,  chapter  thirty-five,  a  sum  not  exceeding  five 
thousand  dollars. 

For  the  reprinting  of  volumes  two,  three  and  four  of 
the  public  series  of  documents,  for  eighteen  hundred  and 
seventy-one,  as  authorized  by  an  order  of  the  legislature 
of  the  present  year,  a  sum  not  exceeding  fifteen  thousand 
dollars. 

For  printing  and  binding  the  series  of  public  documents 
in  the  last  quarter  of  the  year  eighteen  hundred  and 
seventy-two,  a  sum  not  exceeding  twelve  thousand  dollars. 

For  printing  and  binding  the  "  blue  book "  edition  of 
the  acts  and  resolves  of  the  present  year,  a  sum  not  ex- 
ceeding one  thousand  dollars,  the  same  to  be  in  addition 
to  the  amount  heretofore  appropriated. 

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  one  hundred  and  fifty  dollars. 

For  such  additional  clerical  assistance  as  the  secretary 
may  find  necessary,  a  sum  not  exceeding  one  thousand 
five  hundred  dollars  in  addition  to  the  amount  heretofore 
appropriated  for  the  present  year. 

For  the  authorized  expenses  of  committees  of  the 
present  legislature,  the  same  to  include  clerical  assistance 
to  committees  authorized  to  employ  the  same,  a  sum  not 
exceeding  five  thousand  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,  and  chapter 
ninety-eight  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-two,  for  the  reimbursement  of  the  Massachusetts 
Infant  Asylum  for  the  support  of  infants  having  no  known 
settlement  in  the  Commonwealth,  amounting  to  one  thou- 
sand six  hundred  and  twenty  dollars  and  thirty-eight  cents, 
is  made  applicable  for  the  same  purpose  for  the  present 
year. 

For  forty  sets  of  the  General  Statutes  and  supplements, 
for  the  use  of  the  present  legislature,  as  authorized  hy  an 
order  of  said  legislature,  a  sum  not  exceeding  two  hun- 
dred and  sixty  dollars. 

For  repairs,  improvements  and  furniture  of  the  state 
house,  as  authorized  by  order  of  the  present  legislature,  a 
sum  not  exceeding  nine  hundred  dollars. 


1873.— Chapters  335,  336,  337.  863 

lu  the  act,  chapter  two  hundred  and  fifty-four,  estab-  Attomey-gen- 
lishing  the  salary  of  the  attorney-general,  a  sum  not  ex-  ^""^^ 
ceeding  one  thousand  five  hundred  dollars. 

For  the  reimbursement  of  cities  and  towns  for  expenses  Reimbursement 

,  11  1    oi  expenses  rc- 

incurred  under  the  statutes  relatmg  to  small-pox  and  lating  to  eonta- 
other  contagious  diseases,  and  any  expenses  connected  ^'""^^ 
therewith,  a  sum  not  exceeding  one  hundred  and  twenty 
thousand  dollars  in  addition  to  the  appropriation  hereto- 
fore made,  the  same  to  be  applicable  to  the  present  and 
pre\dous  years.  Payments  to  be  made  upon  vouchers 
approved  by  the  board  of  state  charities. 

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

Approved  June  4,  1873. 

An  Act  to  authorize  towns  to  appropriate  money  for  head-  (jf^^    335. 

STON-ES  or  other   MONUMENTS   AT   THE   GRAVES  OF  DECEASED  SOL- 
DIERS AND  SAILORS. 

Be  it  enacted,  &c.,  asfollotos: 

Section  1.     Towns   may   at   any  legal   meeting   vote  Towns  may  ap- 
such  sums  of  money  as  they  judge  necessary ,  for  the  pur-  fo7monume°nte^ 
pose   of  erecting  headstones   or   other  monuments  at  the  cLSTd  solvere" 
graves    of  persons  who    served   in  the  military  or  naval  and  sailors. 
service  of  the  United  States  in  the  war  of  the  rebellion : 
provided,  that  no  town  shall  expend  money  raised  under 
this  act  except  in  cases  where  the  soldier  or  sailor  shall 
have  been  accredited  to  the  quota  of  said  town. 

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

Approved  June  4, 1873. 
An  Act  concerning  the  compensation  of  the  police  commis-  (J]^     336. 

SIGNERS. 

Be  it  enacted,  &c.,  as  follows : 

The  third  section  of  chapter  three  hundred  and  ninety-  compensation 
four  of  the  acts  of  the  year  eighteen  hundred  and  seventy-  mis^ionlrs?'^' 
one,  is  amended  by  striking  out  the  first  sentence  of  said  i^n,  394,  §3. 
section   and   substituting   therefor   the    following :      The 
compensation  of  said  commissioners  shall  be  at  the  rate  of 
eight  hundred  dollars  each  per  annum  payable  quarterly 
from  the  treasury  with  their  actual  travelling  expenses. 

Approved  June  4,  1873. 

An  Act  relating  to  the  election  of  overseers  of  the  poor  in  rjjj^    337. 

the  city  of  CAMBRIDGE. 

Be  it  enacted,  &c.,  asfolloivs: 

The  qualified  voters  of  the  city  of  Cambridge  at  the  first  '-'J®' toTe  eie^^t 
annual  meeting  for  the  election  of  municipal  officers  after  ed  by  districts. 
the  passage  of  this  act,  shall  elect  six  persons  to  be  over- 


864  1873.— Chapters  338,  339. 

seers  of  the  poor,  two  from  the  district  comprising  the  first 
and  fifth  wards  ;  two  from  the  district  comprising  the  second 
and  fourth  wards,  and  two  from  the  district  known  as  the 
To  hold  office  third  Ward,  as  Said  wards  are  now  constituted.  The  per- 
or  wo  J  ears.  ^^^  receiving  the  highest  number  of  votes  in  each  district 
shall  hold  oflice  for  two  years,  and  the  other  person 
elected  shall  hold  office  for  one  year :  provided,  that  in 
case  the  two  persons  elected  from  a  district  shall  have  the 
same  number  of  votes,  the  person  who  is  senior  in  age 
shall  hold  office  for  two  years,  and  the  other  person  shall 
hold  office  for  one  year,  and  at  every  subsequent  annual 
meeting  for  the  choice  of  municipal  officers,  one  person 
shall  be  elected  overseer  of  the  poor  from  each  district  to 
hold  office  for  two  years  and  until  his  successor  is  chosen 
and  qualified.  Approved  June  4, 1873. 

m*        ^^S     ^^  "^^^  ^^  AMEND   AN  ACT   TO   PROVIDE   FOR   THE    REGULATION  AND 
KjH.      OOO.        inspection   of   buildings,  the   more  EFFECTUAL  PREVENTION  OF 

FIRE,  AND  THE  BETTER  PRESERVATION  OF  LIFE  AND  PROPERTY  IN 

BOSTON. 

Be  it  enacted,  &c.,  asfollmvs  : 
Amendment  to        SECTION  1.     The  clausc  of  scctiou  secoud,  chapter  two 

1871  280   S  2  • 

'  '  '  hundred  and  eighty,  of  the  acts  of  eighteen  hundred  and 
seventy-one,  defining  a  "tenement  house,"  is  amended  in 
the  fifth  line  thereof  by  inserting  the  word  "  one  "  before 
the  word  "  another." 

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

Approved  June  4,  1873. 

Oh        ^^0     ^  ^^^  AUTHORIZING  THE  TAKING  OF  LAND   FOR  THE  PURPOSES  OF  A 
l_//i.      OOO.  STATE  PRISON. 

Be  it  enacted,  &c.,  as  follows : 

Commissioners       SECTION  1.     The  commissioucrs  for  locating  and  con- 
may  take  lands       ,,.  ,,  .  •    .     -i  iiv 

for  a  state         sti'uctmg   a   statc   pi'isou,   appointed   under  chapter   one 
prison.  hundred  and  fifty-five  of  the  acts  of  the  year  one  thousand 

eight  hundred  and  seventy-three  may  purchase  or  other- 
wise take  any  lands  required  for  the  location  and  erection 
of  a  state  prison,  and  for  other  purposes  connected  there- 
with, subject  to  the  approval  of  the  governor  and  council. 
Description  of  SECTION  2.  A  Certificate  of  such  taking,  containing  a 
mid  to*le^8try  descriptiou  of  the  land  sufficiently  accurate  for  identifica- 
tion shall  be  recorded  in  the  registry  of  deeds  in  the  dis- 
trict in  which  such  lands  are  situated,  and  such  certificate, 
so  recorded,  shall  be  conclusive  evidence  of  the  time  of 
such  taking,  and  the  title  of  the  Commonwealth  in  the 
lauds  so  taken. 


of  deeds. 


1873.— Chapter  340.  865 

Section  3.     If  the  commissioners  fail  to  offer  in  pay- Matter  of  dam. 

.    /.      ,  J.       All      ages  may  be 

ment  for  any  land  so  taken,  a   sum   satisiactory   to  the  tried  by  a  jury. 

owner  thereof,  such  owner  may  within  one  year  thereafter, 

petition  the  superior  court  for  the  county  in  which  said 

lands  are  situated,  and  the  matter  of  his  damages  shall  be 

tried  by  a  jury,  and  the  proceedings  shall  be  conducted 

in  the  manner  provided  in  case  of  damages  by  laying  out 

highways.     If  the  damages  found   by  the  jury,    exceed 

any  amount  offered  by  the  commissioners,  the  damages 

and  all  charges   shall   be   paid   by   the   Commonwealth ; 

otherwise,  the  charges  arising  on  such  petition  shall  be 

paid  by  the  petitioner. 

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

Approved  June  5,  1873. 

An  Act  to  authorize  the  raising  op  the  grade  of  certain  Qh^    340 

LANDS  EN  THE  CITY  OF  BOSTON,  FOR  THE  PURPOSE   OF  PRESERVING 
THE  PUBLIC  HEALTH  IN  SAID  CITT. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  city  council  of  the  city  of  Boston,  cuyconncu 
may  order  the  owners  of  lands  in  said  city,  situated  and  MsUfiuup^- 
lying  within  the  disti'ict  which  is  bounded  north-westerly  Bo8t«n°'^^  "^ 
by   Washington   Street,  south-westerly   by  Eustis  Street 
and   Mall   Street,  south-easterly   by  Albany  Street,  and 
north-easterly  by  Northampton   Street,    or   any  of  such 
owners  to  raise  the  grade  of  their  said  lands,  filling  up  the 
same  with  good  materials  to  such  permanent  grade  as 
may  be  deemed  necessary  by  the  board  of  aldermen  in 
order  to  secure  a  complete  drainage  thereof,  so  as  to  abate 
and  prevent  nuisances,  and  to  preserve  the  public  health 
of  the  city. 

Section  2.     All   orders   under  the  preceding  section  orders  to  be 
shall  be  made  and  served  upon  said  owners  or  occupants,  owne^s^ifr^Saai- 
or  their  authorized  agents  as  prescribed  by  section  nine  of  p*°**- 
chapter  twenty-six  of  the  General  Statutes  for  the  service 
of  orders  of  the  boards  of  health,  and  if  the  owner  of  any  if  owner  fails  to 
such  lands  fails  to  comply  with  any  such  order  within  six  couifcu'may 
months  after  such  sei-vice,  the  city  council  shall  raise  the  '■^ise  the  grade. 
grade  of  his  said  lands,  and  the  private  streets,  waj's  and 
courts  thereon,  filling  up  the  same  with  good  materials  to 
the  grade  authorized  by  the  preceding  section  and  speci- 
fied  in   the   order ;  and  all  necessary  expenses  incurred 
thereby  shall  constitute  a  lien  upon  the  lands  filled,  and 
a  lien  upon  all  buildings  upon  such  lands,  and  may  be 
collected,   and    the    city   collector    may    purchase    such 


866  1873.— Chapter  340. 

lands,   or  lands   and  buildings    in    behalf    of    the    city ; 
all  as   is   provided   by   law   for  the    collection   of  taxes 
upon   real   estate   and   in   case    of  land   sold  for   taxes. 
If  the  owner  of  any  estate  so  assessed  for  such  expenses 
desires  to  have  the  amount  of  said  assessment  apportioned 
he   shall  give  notice  thereof  in  writing  to  the  board  of 
aldermen  at  any  time  before  a  demand  is  made  upon  him 
for  the  payment  thereof;  and  said  board  shall  thereupon 
apportion  the  said  amount  into  three  equal  parts,  which 
apportionment  shall  be  certified  to  the  assessors  and  the 
said  assessors   shtdl  add  one  of  said  equal  parts  to  the 
annual  tax  of  said  estate  each  year  for  the  three  years 
next  ensuing. 
Parties  dissatis-       Sectton  3.     Any  pcrsou  entitled  to  any  estate  in  any 
m'enrof^expeMe  land,  the  grade  of  which  shall  be  raised  under  the  pre- 
appiyfofrjury.  ccdiug  scctiou,  who  is  dissatisficd  with  the  assessment  of 
the  expense  of  raising  the  grade  of  his  land,  may,  within 
twelve  months  after  receiving  notice  of  such  assessment, 
apply  for  a  jury  by  petition  to  the  superior  court   and 
have  the  expenses  assessed  in  the  same  manner  as  better- 
ments for  the  laying  out  and  widening  of  streets  and  high- 
ways in  the  county  of  Suffolk  may  be  assessed. 
Land  to  be  taken       SECTION  4.     lustcad    of  making   such   complaiut,  any 
partyyveVno-   pcrsou  dissatisficd  witli  the  assessment  of  the  expense  of 
monito!^^"  ^^    raising  the  grade  of  his  said  land,  may  give  notice  thereof 
to  the  city  council  within  six  months  after  such  assessment 
is  made,  and  the  city  shall  thereupon  take  said  land,  and 
shall  within  sixty  days  thereafter  file  in  the   ofiice  of  the 
registry  of  deeds  for  the  county  of  Sufiblk  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  abso- 
lutely in  the  city. 
If  damages  are        SECTION  5.     If  au}^  pcrsou  whosc  land  is  takcu  under 
^rount"to°be     the  preceding  section,  agrees  with  the  eity  upon  the  dam- 
paid  forthwith,    g^gg  clone  to  him  by  such  taking,  making  due  allowance 
for  the  improvement  in  raising  the  grade  of  such  land,  the 
If  not  agreed      samc  shall  bc  forthwith  paid  to  him  by  the  city.     If  any 
•Jttiedb/a^ury.  such  pcrsou  shall  uot  SO  agree,  he  may,  at  any  time  within 
twelve   months  from   the   filing   of  such  description  and 
statement,  apply  for  a  juiy  as  provided  in  section  three  of 
this  act ;  and  in  determining  the  damages  due  allowance 


1873.— Chapters  341,  342.  867 

shall  be  made  for  the  improvement  by  raising  the  grade 
of  said  land.  The  damages  awarded  by  the  jury  shall  be 
paid  by  the  city,  and  if  the  damages  are  increased  above 
the  sum  before  offered  by  the  city,  all  legal  charges  aris- 
ing on  such  application  shall  be  paid  by  the  city ;  other- 
wise, by  the  apphcant. 

Section  6.     The  city,  at  its  own  exiDcnse,  shall  raise  streets  border. 

„,,  ,1.  T  •        .  1         J  T  A      ing  upon  land 

the   grade    of  all   public   and  private  streets  and  courts  mieduptobe 
bordering  upon  any  lands  the  grade  of  which  is  ordered  to  grade  by  th?^ 
be  raised  under  this  act,  filling  up  such  streets  and  courts  "^y- 
with  good  materials  to  the  grade  established  by  the  board 
of  aldermen  of  said  city. 

Sectiox  7.  This  act  shall  not  be  construed  as  in  any  city  not  exempt- 
way  exempting  the  city  of  Boston  from  any  obligation  it  ageJt^abutters. 
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  proceed- 
ing hereunder. 

Section  8.     The  city  of  Boston  is  authorized  to  lay  Railroad  tracks 

1  J,.,.,   *^    may  be  laid  in 

railroad  tracks  through  any  street  or  streets  oi  said  city,  streets. 
and  to  maintain  them  so  long  as  necessary  for  transporting 
earth  and  other  material  under  the  provisions  of  this  act. 

Section  9.     If  in  the  execution  of  the  provisions  of  if  g^l^^g^f^treet 
this  act  it  shall  be  deemed  necessary  to  change  the  grade  ^'^p^^j^^p^^^ 
of  any  street,  now  established  by  law,  which  change  shall  ings. 
require   the    raising   of  any  buildings   which   have   been 
erected  in  conformity  to  said  grade,  the  city  of  Boston 
shall  pay  the   expense  incurred  in  consequence  of  such 
change,  or  be  liable  to  damages  as  now  provided  by  law  in 
cases  of  change  of  grade.  Approved  June  5, 1873. 

An  Act  concerning  fees  of  toavn  clerks  for  obtadhng  ant)  qj^^    341. 

recording  the  facts  relating  to  deaths. 
Be  it  enacted,  &c.,  as  follows  : 

Chapter  one  hundred  and  thirty-eight  of  the  acts  of  the  Amendment  to 
year  eighteen  hundred  and  sixty-six  is  amended  by  strik- 
ing out  the  words  "  twenty  cents  "  at  the  close  of  section 
one,   and   substituting    therefor    the    words    "thirty-five 
cents."  Approved  June  6, 1873. 

An  Act  in  relation  to  the  compensation  of  auditors.  QJi^    342. 

Be  it  enacted,  &c.,  as  follows: 

Section  fifty  of  chapter  one  hundred  and  twenty-one  of  ^^^^^^5*5^ 
the  General  Statutes,  as  amended  by  chapter  sixty-seven  isw.'eT. ' 

50 


868 


1873.— Chapters  343,  844. 


Intoxicating 
liquors  not  ex- 
empt from  being 
taken  on  execu- 
tion. 
G.  B.  124,  §  SI. 


of  the  acts  of  the  year  eighteen  hundred  and  sixty-seven, 
is  further  amended  by  adding  at  the  end  thereof  the  fol- 
lowing words  :  "  and  the  court  may  make  all  orders  and 
decrees  and  issue  any  process  which  to  it  may  appear 
necessary  or  proper  to  enforce  the  payment  of  such  com- 
pensation to  auditors."  Ax>x>rovecl  Ju?ie  6, 1873. 
Ch,    343.  An   Act   in  relation  to  the    oath  for  the  relief  of  poor 

DEBTORS. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Intoxicating  liquors  shall  not  be  consid- 
ered a  part  of  the  estate  by  law  exempt  from  being  taken 
on  execution  within  the  meaning  of  the  oath  set  forth  in 
the  twenty-first  section  of  the  one  hundred  and  twenty- 
fourth  chapter  of  the  General  Statutes. 

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

Approved  Juiie  6,  1873. 
Ch.    344.  An  Act  to  authorize  the  town  of  newton  to  aid  the  newton 

CEMETERY  CORPORATION. 

Be  it  enacted,  &c.,  asfolloios : 

Section  1.  The  town  of  Newton  is  authorized  to  raise, 
by  issuing  its  bonds,  or  by  loan,  a  sum  of  money  not  ex- 
ceeding forty  thousand  dollars,  and  to  loan  the  same,  or 
such  bonds,  to  the  Newton  Cemetery  Corporation,  to  be 
applied  for  increasing  the  value  of  the  lots  of  the  town  of 
Newton  in  the  cemetery  of  said  corporation  by  enlarging 
and  improving  said  cemetery  of  said  corporation,  situated 
in  said  town ;  such  bonds  to  be  issued  and  such  loan  to 
be  made  for  a  period  not  exceeding  fifteen  years  from  the 
respective  dates  thereof,  and  at  a  rate  of  interest  not  ex- 
ceeding seven  per  centum  per  annum,  payable  semi-annu- 
ally. 

Section  2.  Before  said  corporation  shall  receive  any 
loan,  or  bonds,  in  pursuance  of  the  preceding  section  it 
shall  make  and  deliver  to  said  town  such  a  mortgage  or 
mortgages  on  its  cemetery,  as  shall  be  agreed  upon  by  the 
parties. 

Section  3.  The  said  town  shall  not  exercise  any  of 
the  authority  conferred  by  this  act,  unless  two-thirds  of 
the  voters  present  and  voting  thereon  shall  vote  to  accept 
the  provisions  of  this  act,  at  the  annual  meeting  in  Novem- 
ber next,  notice  thereof  being  given  in  the  warrant  calling 


Town  may  raise 
$40,000  and  loan 
the  same  to  the 
Newton  Ceme- 
tery Corpora- 
tion. 


Cemetery  to  be 
mortgaged  as  se. 
curity  for  loan. 


Subject  to  ac- 
ceptance by  a 
two-thirds  vote, 


said  meeting. 
Section  4. 


This  act  shall  take  effect  upon  its  passage. 
Approved  June  6, 1873. 


1873.— Chapters  345,  346.  869 

An  Act  to  amend  the  charter  of  the  city  of  Cambridge.         (7A.    345. 
Be  it  enacted,  &c.,  as  folloivs  : 

Section  1 .     The  city  treasurer  of  the  city  of  Cambridge  Deputy  coiiec 
may,  as  collector  of  taxes,  appoint  such  deputy  collectors  b°e'^appo^Ted'by 
of  taxes  as  he  may  from  time  to  time  deem  expedient,  ^^  treasurer. 
who  shall  give  bonds  for  the  faithful  discharge  of  their 
duties  in  such  sums  as  the  board  of  aldermen  of  said  city 
shall  from  time  to  time  prescribe,  and  such  deputies  shall 
have  the  same  powers  as  collectors  of  taxes  of  towns. 

Section  2.     Said  treasurer  may,  as  collector  of  taxes,  Treasurer  may 

-,.  ij.j.1  ^        -IP       i^    J_^  J.  !•      issue  warrants 

issue   his  warrants   to   the    sherin   or   the  county  or  his  for  collection  of 
deputy,  or  any  of  the  constables  of  the  city  of  Cambridge,  *^^^^" 
returnable  in  thirty  days,   requiring  them  to  collect  any 
or  all  taxes  due,  and  such  warrant  shall  be  in  substance 
the  same,  and  confer  the  same  and  like  powers  as  warrants 
issued  by  assessors  to  collectors. 

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

Approved  June  6,  1873. 

An  Act  to  authorize  the  governor  and  council  to  expend  ri-L      Qj^fi 
TWO  hundred  thousand  dollars  in  completing  the  hoosac  0'±\J. 

TUNNEL  and  ITS  APPROACHES,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  folloivs: 

Section  1 .     In  addition  to  the  provisions  made  under  $200,000  may  be 
the  contract  with  Messrs.  W.  &  F.   Shanly,  the  governor  complettafthe 
and  council  are  authorized  to  expend  not  exceeding  two  ^"^^-fg'' J"^®' 
hundred  thousand  dollars  in  completing  the  Hoosac  Tun-  proaches. 
nel  and  its  approaches,  and  in  laying  a  track  on  the  same, 
and  are  authorized  to  relocate,  where  necessary,  the  tracks 
of  the  Troy  and  Greenfield  Eailroad,  and  to  take  and  hold 
additional  lands  necessary  for  the  enlargement  of  its  depot 
accommodations  or  for  straightening  or  improving  its  line, 
the  compensation  therefor  being  ascertained  in  the  method 
prescribed  by  law  in  case  of  land  taken  by  railroad  cor- 
porations ;  and  in  making  such  surveys  and  investigations, 
as  they  deem  necessary  to  enable  them  to  report  to  the 
next  general  court  such  plan  as  they  think  best  for  the  in- 
terests of  the  Commonwealth  to  adopt  in  reference  to  said 
tunnel   and   the   Troy  and   Greenfield   Railroad,  and  the 
probable  cost  of  improving  and  completing  the  same  for 
railroad  service. 

Section  2.     The  governor  and  council  may  at  any  time  Lands  inay  be 
purchase  for  and  in  behalf  of  the  Commonwealth  any  lands  sar/.^^ndiS' 
which,  in  their  judgment,  may  be  necessary  for  the  pur-  maVbSd. 
pose  of  completing  the  tunnel  or  the  approaches  thereto, 


870 


1873.— Chapter  347. 


Appropriation 
of  $200,000. 


Provisions  of 
1872, 180,  §  1,  not 


and  for  the  same  purpose  they  may  determine  or  adjust 
any  claims  upon  lands  or  other  property  held  by  the 
Commonwealth,  and  may  sell  such  lands  situated  without 
the  location  of  the  railroad,  and  now  held  by  the  Common- 
wealth, as  are  not  required  for  railroad  purposes. 

Section  3.  The  sum  of  two  hundred  thousand  dollars 
is  hereby  appropriated  to  be  expended  as  above  descriljed  ; 
the  same  to  be  raised  in  accordance  with  the  provisions 
contained  in  chapter  three  hundred  and  thirty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-eight. 

Section  4.     The  provisions  of  section  one  of  chapter 
To  apply  to  roads  ouc  huiidrecl  and  eighty  of  the  acts  of  the  year  eighteen 
has  a  terminus    liuudrcd  and  sevciity-two  shall  not  apply  to  any  two  rail- 
in  Boston.         j,Qj^^|  corporations,  each  of  which  has  a  terminus  in  the 
city  of  Boston. 

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

Approved  June  9,  1873. 

Oh.      347.   ^^    ^^^    '^^    INCORPORATE    THE    FALL    RIVER    BANKING    AND    TRUST 

COMPANY. 

Be  it  enacted,  &c.,  as  follows  : 

Corporators.  SECTION  1.     Charlcs  P.  Stickuey,  S.  H.  Miller,  Frank 

S.  Stevens,  Thomas  J.  Borden,  Samuel  M.  Luther, 
Stephen  Davol,  all  of  Fall  Kiver,  their  associates  and 
successors,  are  made  a  corporation  by  the  name  of  the 
Fall  River  Banking  and  Trust  Company,  to  be  located  at 
Fall  River,  for  the  purpose  of  receiving  on  deposit, 
storage  or  otherwise,  money,  in  sums  of  one  hundred 
dollars  and  upwards,  government  securities,  stocks,  bonds, 
coin,  jewelry,  plate,  valuable  papers  and  documents, 
evidences  of  debt  and  other  property  of  every  Idnd,  and 
of  collecting  and  disbursing  the  interest  or  income  upon 
such  of  said  property  received  on  deposit  as  produces 
interest  or  income,  and  of  collecting  and  disbursing  the 
principal  of  such  of  said  property  as  produces  interest  or 
income,  when  it  becomes  due,  upon  terms  to  be  prescribed 
by  the  corporation,  and  for  the  purpose  of  advancing 
money  or  credits  on  real  and  personal  security,  on  terms 

Powers  and  du-  that  may  bc  agreed  upon ;  and  all  the  powers  and 
^'  privileges  necessary  for  the  execution  of  this  purpose  are 

hereby  granted,  subject,  nevertheless,  to  the  duties, 
restrictions  and  liabilities  set  forth  in  the  sixty-eighth 
chapter  of  the  General  Statutes,  and  in  all  the  general 
laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  such  corporations. 


Name  and  pur 
pose. 


1873.— Chapter  347.  871 

Section  2.     Such  corporation  shall  at  all  times  have  To  have  on  ^na 
on  hand,  as  a  reserve,  in  lawful  money  of  the  United  teen  per  cent,  of 
States,  an  amount  equal  to  at  least  fifteen  per  centum  of  wTtiXlwai,  &^ 
the    aggregate    amount    of    all    its    deposits,    which    are 
subjectto  withdrawal  upon  demand  or  within  ten  days ; 
and  whenever  said  reserve  of  such  corporation   shall  be 
below  such   per    centum    of    such   deposits   it    shall   not 
increase  its  Habilities  b}'  making  any  new  loans,  until  the 
required  proportion  between  the  aggi-egate  amount  of  such 
deposits  and  its  reserve  shall  be  restored ;  provided,  that  Proviso. 
in   lieu    of  lawful   money,   one-third  of  said   fifteen    per 
centum  may  consist  of  balances,  payable  on  demand,  due 
from  any  national  bank  doing  business  in  this  Common- 
wealth approved  by  the  commissioner  of  savings  banks, 
and  one  other  third  of  said  fifteen  per  centum  may  consist 
of  bonds  of  the  United  States  or  of  this  Commonwealth, 
the  absolute  property  of  such  corporation. 

Sectiox  3.     Any  court  of  law  or  of  equity,  including  Courts  mayor- 
courts  of  probate  and  insolvenc}^  of  this  state,  may,  by  initTcontr^to 
decree    or    otherwise,    direct   any   moneys   or   properties  wUhThis'^i^rpo- 
under   its    control,  or  that   may  be    paid  into    court  by  '■*"°°- 
parties  to  any  legal  proceedings,  or  which  may  be  brought 
into  court  by  reason  of  any  order  or  judgment  in  equity 
or  otherwise,  to  be  deposited  with  said  corporation,  upon 
such  terms  and  subject  to  such   instructions  as  may  be 
deemed  expedient:  provided,  however,  that  said  coi'pora-  xottobere- 
tion  shall  not  be  required  to  assume  or  execute  any  trust  tmJt wuhoutul 
without  its  own  assent.     Said  corporation  shall  also  have  o"^i consent. 
power  to  receive  and  hold  moneys  or  property  in  trust,  or 
on    deposit,    from   executors,    administrators,    assignees, 
guardians  and  trustees,  upon  such  terms  or  conditions  as 
may  be  obtained  or  agreed  upon:  provided,  also,  that  all  Loans  and  in- 
such  money's  or  properties  received  under  the  provisions 
of  this  section,  shall  be  loaned  on  or  invested  only  in  the 
authorized  loans  of  the  United  States,  or  of  any  of  the 
New  England  states,  or  cities  or  counties  or  towns  of  this 
state,    or   stocks    of  state    or   national   banks,   organized 
within  this  Commonwealth,  or  the  first  mortofag'e  bonds  of 
any  raih'oad  company  incorporated  by  any  of  the  Xew 
England  states,  which  has  earned  and  paid  regular  divi- 
dends on  its  stocks,  for   two  years  next  preceding  such 
loan  or  investment,  or  the  bonds  of  any  such  railroad  com- 
pany unencumbered  by  mortgage  or  first  mortgages  on 
real  estate,  in  this  Commonwealth,  or  in  any  securities  in 


872 


1873.— Chapter  347. 


Proviso. 


Total  liability  of 
any  person  not 
to  exceed  one- 
lifth  of  capital. 


Returns  to  be 
made  semi-an- 
nually to  the 
commissioner 
of  savings 
banks. 


which  savings  banks  are  allowed  to  invest  or  upon  the 
notes,  with  two  sureties,  of  manufacturing  corporations 
created  under  the  laws  of  this  state,  or  of  individuals 
with  a  sufficient  pledge  as  collateral  of  any  of  the  afore- 
said securities ;  (but  all  real  estate,  acquired  by  fore- 
closure of  mortgages,  or  by  levy  of  execution,  shall  be 
sold  at  public  auction  within  two  years  of  such  foreclosure 
or  levy :)  provided,  also,  that  all  such  money  or  property 
received,  invested  or  loaned  under  this  section  shall  be  a 
special  deposit  in  said  corporation,  and  the  accounts 
thereof  shall  be  kept  separate,  and  such  funds  and  the 
investment  or  loans  of  them  shall  be  specially  appro- 
priated to  the  security  and  pajnnent  of  such  deposits,  and 
not  be  subject  to  the  other  liabilities  of  the  cori^oration ; 
and  for  the  purpose  of  secm'ing  the  observance  of  this 
proviso,  said  corporation  shall  have  a  trust  department, 
in  which  all  business  authorized  by  this  section  shall  be 
kept  separate  and  distinct  from  its  general  business. 

Section  4.  The  total  liabilities  to  this  corporation, 
of  any  person,  firm  or  corporation,  other  than  cities  or 
towns,  for  money  borrowed,  including  in  the  liabilities  of 
a  company  or  firm  the  liabilities  of  its  several  members, 
shall,  at  no  time,  exceed  one-fifth  part  of  such  amount  of 
the  capital  stock  of  this  corporation  as  is  actually  paid  up. 

Section  5.  Said  corporation  shall  semi-annually  make 
a  return  to  the  commissioner  of  savings  banks  in  this 
Commonwealth  on  or  before  the  second  Mondays  of  May 
and  November,  and  at  two  other  times  during  the  year 
when  said  commissioner  shall  from  time  to  time  by  written 
notice  direct  the  same  to  be  made,  which  shall  be  signed 
and  sworn  to  by  a  majority  of  its  board  of  directors  ;  and 
said  return  shall  specify  the  following,  namely :  capital 
stock;  amount  of  all  moneys  and  property,  in  detail,  in 
the  possession  or  charge  of  said  company  as  deposits ; 
amount  of  deposits  payable  on  demand  or  within  ten 
days,  trust  funds  or  for  purposes  of  investment;  number 
of  depositors ;  investments  in  authorized  loans  of  the 
United  States  or  any  of  the  New  England  states,  cities, 
counties  or  towns,  in  bank  stock,  in  railroad  stock,  and  in 
railroad  bonds  ;  loans  on  notes  of  corporations,  stating 
amount  in  each ;  loans  on  notes  of  individuals ;  loans  on 
mortgage  of  real  estate  ;  cash  on  hand  ; — all  as  existing  at 
the  date  of  making  of  such  return,  with  the  rate,  amount 
and  date  of  dividends   since  last  return.     The  commis- 


1873.— Chapter  347.  873 

sioner  of  saviuo^a  banks  shall  have  access  to  the  vaults,  commiasioner 

,-,  -,  ^  r.,1  1'i.inil'      to  have  access  to 

books  and  papers  oi  the  company,  and  it  snail   be  ms  books  and  pa- 
duty  to  inspect,  examine  and  inquire  into  its  aflairs,  and  p'^"* 
to  take  proceedings  in  regard  to  them  in  the  same  manner 
and   to  the    same  extent   as   if  this  corporation  were  a 
savings  bank,  subject  to  the  general  laws  which  now  are 
or  hereafter  may  be  in  force  relating  to  such  institutions 
in  this  regard.     Abstracts  of  such  returns,  showing  the  f^j^/t^V^e  "^ut, 
resources  and  liabilities  of  said  corporation,  in  a  form  to  ushed. 
be  approved  by  said  commissioner,  shall  be  published  in  a 
newspaper  in  the  city  of  Fall  River  at  the  expense  of  such 
corporation. 

Section  6.     Said  corporation  shall  be  subject  to  the  subject  to  pro- 

..  ^ixj.  1  11  T'ij.j.1  i?  visions  of  1865, 

provisions  of    chapter  two  hundred  and  eighty-three  ot  283. 
the  acts  of  the  year  eighteen  hundred  and  sixty-five,  and 
any  acts  now  existing,  or  which  may  hereafter  be  passed  in 
amendment  thereof. 

Section  7.     Said    corporation  .  shall     also     annually,  statement  under 
between  the  first  and  tenth  days  of  May,  return  to  the  turned  to^ax 
tax  commissioner  a  true  statement,  attested  by  the  oath  of  pereonlfprop-'^' 
some  ofiicer  of  the  corporation,  of  all  personal  property  ^^ust^^^^"* 
held  upon  any  trust  on  the  first  day  of  May,  which  would 
be  taxable  if  held  by  an  individual  trustee  residing  in  this 
Commonwealth,  and  the  name  of  every  city  or  town  in 
this  Commonwealth  where  any  beneficiary  resided  on  said 
day,   and  the  aggregate   amount  of  such  property  then 
held  for  all  beneficiaries  resident  in  each  of  such  cities 
and  towns,    and   also   the   aggregate    amount    held    for 
beneficiaries  not  resident  in  this   Commonwealth,  under 
the  pains  and  penalties  provided  in  section  fourteen  of 
chapter  two  hundred   and  eighty-three    of  the    acts   of 
the   year  eighteen  hundred  and   sixty-five,    and   acts   in 
amendment  thereof,  for  corporations  failing  to  make  the 
returns  provided  by   said   act.       Said   corporation   shall  Tax  to  be  paid 

n  j_i  f    1        /-T  11  to  treasurer  of 

annually  pay  to  the  treasurer  ot  the  Commonwealth  a  sum,  the  common. 
to  be  ascertained  by  assessment  by  the  tax  commissioner,  ^ 
upon  an  amount  equal  to  the  total  value  of  such  property, 
at  the  rate  ascertained  and  determined  by  him,  under 
section  five  of  chapter  two  hundred  and  eighty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-five,  and  acts 
in  amendment  thereof. 

Section  8.     Said     corporation    shall     also     annually,  Retumatobe 
between  the  first  and  tenth  days  of  May,  return  to  the  depo'siteHpon 
tax  commissioner  a  true  statement,  verified  by  the  oath  of  ^'^^^^^^^- 


874:  1873.— Chapter  347. 

some  officer  of  the  corporation,  of  the  amount  of  all  sums 
deposited  with  it  on  interest  or  for  investment,  other  than 
those  specified  in  the  seventh  and  tenth  sections  of  this 
act,  together  with  the  name  of  every  city  and  town  in  this 
Commonwealth  where  any  beneficial  owner  resided  on  said 
first  day  of  May,  and  the  aggregate  amount  of  such 
deposits  then  held  for  the  benefit  of  persons  residing  in 
each  of  such  cities  and  towns,  under  a  like  penalty.  Said 
Tax  to  be  paid  corporatiou  shall  annually  pay  to  the  treasurer  of  the 
into  state  treas-  Commonwealth  a  sum,  to  be  ascertained  by  assessment  by 
the  tax  commissioner,  upon  an  amount  equal  to  the  total 
value  of  such  deposits,  at  three-fourths  the  rate  ascertained 
and  determined  by  him,  under  section  five  of  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five,  and  acts  in  amendment  thereof. 
County  or  town       SECTION  9 .     No  taxcs  shall  bc  asscsscd  in  any  city  or 

taxes  not  to  be      .  /,  ,     .  .  .  • 

assessed  upon  towu  lor  statc,  couuty  or  town  purposes,  upon  or  m 
t/us^tr&c.^''^*^  ^"^  respect  of  any  such  property  held  in  trust  or  any  such 
amounts  deposited  on  i*nterest,  or  for  investment,  but  such 
proportion  of  the  sum  so  paid  by  said  corporation  as 
corresponds  to  the  amount  of  such  property  held  for 
beneficiaries  or  payable  to  persons  resident  in  this  Com- 
monwealth, shall  be  credited  and  paid  to  the  several  cities 
and  towns  where  it  appears  from  the  returns  or  other 
evidence  that  such  beneficiaries  resided  on  the  first  day  of 
May  next  preceding,  according  to  the  aggregate  amount 
so  held  for  beneficiaries  and  persons  residing  in  such  cities 
and  towns  respectively ;  and  in  regard  to  such  sums  so  to 
be  assessed  and  paid  as  aforesaid,  said  corporation  shall 
be  subject  to  sections  eleven,  twelve,  thirteen,  the  last 
paragraph  of  section  fifteen,  and  section  seventeen  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five  and  acts  in  amend- 
ment thereof,  so  far  as  the  same  are  applicable  thereto. 
Taxation  of  de-  SECTION  10.  Dcposits  with  Said  corporatiou  which  can 
d^awabTe  on  de-  bc  withdrawn  ou  demand  shall  for  purposes  of  taxation 
™*°'''  be  deemed  money  in  possession  of  the  person  to  whom 

the  same  is  payable. 
Mayactasagent       Section  11.     The  Said  corporatioii  is  also  authorized 

for  issuing  and      ,  ,  j/»,i  n    •  •  •    j.      ' 

countersigning    to  act  as  agcut  lor  the  purpose  oi  issuing,  registering,  or 

bonds,  &c.         countersigning  the  certificates  of   stock,  bonds  or  other 

evidences  of  indebtedness  of  any  corporation,  association, 

municipality,  state  or  public  authority,  on  such  terms  as 

may  be  agreed  upon. 


1873.— Chapters  348,  349.  875 

Section  12.  The  capital  stock  of  said  corporatiou  capital  stock. 
shall  be  oue  hundred  thousand  dollars,  with  the  privilege 
to  increase  the  same  from  time  to  time  to  not  exceeding 
five  hundred  thousand  dollars,  and  the  same  shall  be  paid 
for  at  such  time  and  in  such'  manner  as  the  board  of 
directors  shall  decide  :  ijrovided,  that  no  business  shall  be 
transacted  by  the  corporation  until  the  whole  amount  is 
subscribed  for  and  actually  paid  in,  and  no  shares  shall  be 
issued  until  the  par  value  of  such  shares  shall  have  been 
actually  paid  in  in  cash. 

Sectiox  13.     Said    corporatiou   shall    be   entitled    to  Real  estate. 
purchase  and  hold,  for  its  own  use,  real  estate  not  exceed- 
ing in  value  twenty-five  per  cent,  of  its  paid-up  capital. 

Section  14.     The    shareholders    of    said    corporation  shareholders  to 
shall  be  held  individually  lialjle,  equally  and  ratably,  and  uaiiy  iiabie for 
not  one  for  another,  for  all  contracts,  debts  and  engage-  uon.^'^ 
ments  of  such  association,  to  the  extent  of  the  amount  of 
their  stock  therein  at  the  par  value  thereof,  in  addition  to 
the   amount    invested   in   such    shares.     The    provisions 
contained  in  chapter  two  hundred  and  twenty-four  of  the 
acts  of  the  year  eighteen  hundred  and  seventy,  sections 
forty  to  forty-nine  inclusive,  shall  apply  to  and  regulate 
the  enforcement  of  this  liability. 

Section  15.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  9, 1873. 
An  Act  to  authorize  the  boston,  barre  and  Gardner  rail-  (Jj^^    348. 

ROAD  corporation  TO  MORTGAGE  ITS  PROPERTY. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  Boston,  Barre  and  Gardner  Railroad  May  mortgage 

.  .  1        •        n  11  franchise  and 

Corporation  is  authorized  to  mortgage  all  or  any  part  of  property. 
its  property,  real  or  personal,  including  its  franchise,  to 
secure  its  bonds  to  an  amount  not  exceeding  four  hundred 
thousand  dollars. 

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

Approved  June  9,  1873. 
An  Act  to  prevent  the  defacement  of  natural  scenery,  and  /^t      Q4.Q 

FOR  other  purposes.  \jll'      O^U. 

Be  it  enacted,  <fec.,  as  follows: 

Whoever  paints  or  puts  upon,  or  in  any  manner  affixes  penalty  for  de- 
to,  any  fence,  or  structure,  or  to  or  upon  any  rock  or  mrXTenery.^" 
other  natural  object,  the  property  of  another,  any  words, 
device,  trade-mark,  advertisement  or  notice,  without  first 
obtaining  the  consent  thereto  of  the  owner  of  such  prop- 
erty, shall  upon  complaint  of  the  owner  or  tenant  of  such 

51 


876 


1873.— Chapters  350,  351,  352. 


Commissioners 
on  public  lands 
to  convey,  by 
deed,  Berkeley 
street  to  tlie  city 
ofBoston. 


property,  or  the  city  or  town  authorities,  be  punished  by  a 
fine  not  exceeding  ten  dollars  for  each  offence  :  jjvovided, 
that  this  act  shall  not  apply  to  any  notice  required  by  law 
to  be  posted  in  a  particular  place.        Ajjjyroved  June  9, 1873. 

Ch.      350.  -^  ^CT  TO  PROVIDE  FOR  THE  CONVEYANCE  OF  BERKELEY  STREET  TO 

THE  CITY  OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  commissioners  on  public  lands  are 
hereby  authorized  and  directed  to  convey  to  the  city  of 
Boston  that  part  of  Berkeley  Street  which  is  situated  on 
the  Commonwealth's  lands  in  the  back  bay,  by  deed  in 
the  same  form  as  that  executed  by  said  commissioners 
August  twenty-third,  eighteen  hundred  and  sixty-six,  and 
approved  by  the  governor  and  council  on  the  thirty-first 
day  of  August  following,  except  that  the  words  "may,  so 
long  as  they  shall  deem  it  expedient,"  shall  be  omitted  in 
the  proviso,  and  the  words  "shall,  until  after  ninety  days' 
notice  to  the  contrary,"  shall  be  inserted  instead  thereof. 

Section  2.  Chapter  three  hundred  and  thirty-eight  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-seven,  is 
repealed. 

Section  3.  This  act  shall  take  effect  upon  its  accei^t- 
ance  by  the  board  of  aldermen  of  the  city  of  Boston. 

A2)2J7'oved  Jwie  9,  1873. 

Ch        S'll      "^  ^*^^  ^^  PROVIDE  FOR  THE  INVESTMENT   OF   COMPENSATION    FUNDS 
l^/l.      OOX.  j^^jj  HARBORS  OF  THE  COMMONWEALTH. 

Be  it  ctiacfed,  &c.,  as  follows : 
ftiMrforh!i°r°         Section  1.     It  shall  be  the  duty  of  the  treasurer  of  the 
borsoftheCom-  Commonwealth  to  invest  any  compensation  fund,  accumu- 

mo  DWG  nit  11  to  D6  %/  1.  -* 

invested  by  hitcd  uudcr  the  provisious  of  the  fourth  section  of  the  one 
hundred  and  forty-ninth  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  sixty-six,  in  proper  securities,  and 
at  the  beginning  of  every  fiscal  year  to  add  to  the  princi- 
pal fund  and  invest  as  a  part  of  the  same  the  income  for 
the  preceding  year  that  shall  not  have  been  expended,  or 
for  the  payment  of  which  warrants  have  not  been  drawn 
by  the  governor. 

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

Ax)proved  June  10,  1873. 

Ch.      352.   -^  ^^^  CONCEKNING  THE  ARREST  AND  DISCHARGE  OF  POOR  DEBTORS. 

Be  it  enacted,  &c.,  as  follows: 
Poor  debtor  ar-       Section  1.     Whenever   a   person   arrested    on   mesne 

rested  on  mesne  .  .  •  i      -i     i  -^i 

process  may       proccss  has  recoguizcd  or  given  bail,  he  may,  without  a 


Repeal. 


Subject  to  ac- 
ceptance by  al 
dermen. 


1873.— Chapter  353.  877 

surrender  by  his  surety  or  sureties,  take  the  oath  that  he  take  the  oath 
does  not  intend  to  leave  the  state,  or  the  oath  for  the  re-  render  by 
lief  of  poor  debtors,  and  the  taking  of  either  of  said  oaths  ®"'"^^^" 
by  such  person   shall  be   a   discharge   of  his    surety  or 
sureties. 

Section  2.     No   person   shall   be   arrested   on    mesne  Arrest  on  mesne 

■*•       n    ,        .  -,  ji  ^    •     J '  ir>  process  in  action 

process  in  an  action  of  tort  unless  the  plamtin  or  some  of  tort. 
person  in  his  behalf  makes  oath  to  the  satisfaction  of  some 
magistrate  named  in  section  one,  chapter  one  hundred  and 
twenty-four  of  the  General  Statutes,  that  he  believes,  and 
has  reason  to  believe,  that  he  has  a  good  cause  of  action 
against  the  defendant,  that  he  has  reasonable  expectation 
of  recovering  a  sum  equal,  at  least,  to  one- third  the  dam- 
ages claimed  in  the  writ,  and  that  he  believes  and  has 
reason  to  believe  that  the  defendant  intends  to  leave  the 
state,  so  that  if  execution  be  obtained  it  cannot  be  served 
upon  him ;  and  such  affidavit,  with  a  certificate  of  the 
magistrate,  that  he  is  satisfied  the  same  is  true,  shall  be 
annexed  to  the  writ. 

Section  3.     When  a  person  is  arrested,  or  has  given  Discharge  of 
bail,  or  is  imprisoned  on  mesne  process,  or  is  arrested  or  re^tOTin"pris^- 
imprisoned  on  any  execution,  he  may  be  discharged  in  the  g°a*"i24  §5 
same  manner,  and  subject  to  the  same  provisions  of  law  as 
a  person  arrested  on  an  execution  mentioned  in  section 
five  chapter  one  hundred  and  twenty-four  of  the  General 
Statutes. 

Section  4.     Sectioiib   two   and   twenty-three,  chapter  Rep«ai  of  g.  s. 
one  hundred  and  twenty-four  of  the  General  Statutes  are  ^^'^'  ^^ "'  ^' 
repealed. 

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

A2)2)fovecl  June  11,  1873. 

An  Act  to  give  a  right  of  action  against  owners  op  railroads  pi^      q/^q 
TO  persons  who  perform  labor  or  furnish  materials  in  and  ooo. 

for  the  construction  of  said  roads. 
Be  it  enacted,  &c.,  as  folloios : 

Section  1.     Any  person  to  whom  a  debt  is  due  for  RigM  of  action 
labor  performed,  or  for  materials  furnished  and  actually  rfnroad'foriL"^ 
used  in  constructing  any  railroad,  by  virtue  of  an  agree-  andmlteriX'^ 
ment  with  the  owner  of  such  railroad,  or  with  any  person  furnished. 
having  authority  from  or  rightfully  acting  for  such  owner 
in  procuring  or  furnishing  such  labor  or  materials,  shall 
have  a  right  of  action  against  the  owner  of  such  railroad 
to  recover  such  debt  with  costs,  except  as  is  provided  in 
the  following  sections. 


878  1873.— Chapter  354. 

Contractor  not  SECTION  2.  No  person  who  has  contracted  to  construct 
unless  contract  the  wholc  or  auy  specified,  part  of  such  raih'oad  shall  have 
18  wi   owner,     ^^^j^  right  of  actioD,  unless  his  contract  is  with  the  owner 

of  the  railroad. 
Written  state-         SECTION  3.     No  pei'sou  shall  havc  such  right  of  actiou, 

ment  under  oath  ,  ,  ..*■  j?    .-,•  j.      j?         ii  e  i 

to  be  served  on   uuder  the  provisious  01  this  act,   tor   labor  periormed, 
amount°of  debt,  uulcss  he  shall,  witliiu  thirty  days  after  ceasing  to  perform 
&c.,  for  labor,     guch  labor,  serve  on  the  owner  of  the  railroad  a  written 
statement  under  his  oath,  of  the  amount  of  the  debt  so  due 
him,  and  of  the  name  of  the  person  or  persons  for  whom 
and  by  whose  employment  the  labor  was  performed,  by 
causing  said  statement  to  be  filed  in  the  office  of  the  clerk 
of  any  city  or  town  in  which  any  of  said  labor  shall  have 
been  performed  or  said  materials  furnished.     But  such 
right  of  action  shall  not  be  lost  by  any  mistake  made  in 
stating  the  amount  due ;  but  the  claimant  shall  not  re- 
cover as  damages  a  larger  amount  than  is  named  in  said 
statement  as  due  him,  with  interest  thereon. 
statement  of^^^       g^CTiON    4.     No  pcrsoii  shall  havc  a  right  of  action 
rials  to  be  served  uiidcr  the  provisious  of  this  act  for  materials  furnished, 
onawner.         nnless  before  beginning  to  furnish  the  same,  he  shall  have 
served  written  notice  of  his  intention  to  claim  such  right 
in  the  manner  provided  for  serving  the  statement  named 
in  the  preceding  section. 
Actions  to  be         SECTION  5.     No  actiou  uudcr  the  provisions  of  this  act 
wMiin  sixty       shall  bc  maintained,  unless  commenced  within  sixty  days 
fnlto^perform'  after  the  plaintiff  therein  ceased  to  perform  the  labor  or  to 
furnish  the  materials,  as  the  case  may  be. 

Approved  June  11,  1873. 


labor. 


CJl       354.  "^^  ^'^^  RELATING  TO  THE  TAXATION  OF  INCOMES. 

Be  it  enacted,  <fec.,  as  follows : 
Income  in  ex-         Section  1.     Scctioii  four  of  chaptcr  elcvcu  of  the  Gcu- 
subject  to'taxa-   eral  Statutcs  is  so  far  amended  that  the  income  subject  to 
^^°^'  taxation  shall  be  only  so  much  as  exceeds  two  thousand 

dollars,  and  which  has  accrued  to  any  person  during  the 

year  ending  on  the  first  day  of  May  of  the  year  in  which 

the  tax  is  assessed. 
Act  to  have  the       Section  2.     This  act  shall  take  cfiect  upou  its  passagc, 

same  effect  as  if  -iin  ixj^i  a        i*  j_  /"ii  ^ 

in  force  on  May  and  shall  apply  to  the  assessment  oi  taxes  tor  the  present 

1st,  18T3.  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. 

Approved  June  11, 1873. 


1873.— Chapters  355,  356,  357.  879 

An  Act  relating  to  certiorari  and  mandamus.  Ch.    355. 

Be  it  enacted,  &c.,  asfolloius: 

Sectiox  1.     Petitions    for   the   wi-it   of    certiorari   or  Petitions  for  cer- 

,  •       ,-  o  l.^  tiorari  or  man- 

mandamus  may  be  presented  to  any  justice  ot  tne  supreme  damns  may  be 

judicial  court  in  any  county,  in  term  time  or  vacation,  and  ^e^^timeOTva. 
such  justice  may,  upon  due  notice  to  all  parties,  hear  and  ^eard  i^an? 
determine  the  same,  or  may  reserve  questions  of  law  upon  ^P^^^y  *** '^''y 
exceptions  or  otherwise,  arising  thereon,  for  the  determina- 
tion of  the  full  court,  who  may  hear  and  determine  the 
same  at  any  time  in  any  county  as  justice  shall  seem  to 
them  to  require. 

Section  2.     If  on  such  hearing  it  is  ordered  that  the  issue  and  return 
writ  issue,  it  may  be  issued  from  the  clerk's  office  in  any  ''^"^'*- 
county  and  be  made  returnable  as  the  court  shall  direct. 

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

Approved  June  11,  1873. 

An  Act  in  addition  to  an  act   for   supplying   the  city  of  qj^^    356. 

FALL  river  with   PURE   WATER. 

Be  it  eymcted,  &c.,  as  follows : 

Section  1.  The  city  of  Fall  River  is  authorized  to  May  issue  addi- 
issue  scrip,  notes  or  certificates  of  debt,  to  be  denomi-  bondi.^**^^' 
nated  Water  Bonds  of  the  city  of  Fall  River,  to  an  amount 
not  exceeding  three  hundred  thousand  dollars,  in  addition 
to  the  amount  authorized  by  chapter  one  hundred  and 
thirty-three  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-one. 

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

Ajyproved  June  11, 1873. 

An   Act  to   provide  for   the  discontinuance  of  the  grade  qj^     357. 

crossings    of   railroads   in   somerville,  charlestown  and 

boston. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The   Fitchburg    Railroad    Company,  the  Railroads  may 
Boston  and  Maine  Railroad,  the  Eastern  Railroad  Com-  soastrdiscon-' 
pany,  the  Boston  and  Lowell   Railroad    Coi-poration  and  g^aTe'^cxosJings. 
the  Boston  and  Albany  Railroad  Company  as  owners  of 
the    property    and    franchises    of    the    Grand    Junction 
Railway,  may  make  with  each  other  such   contracts  and 
agreements  and  such  exchanges  of  their  lands,  property 
and  franchises  in  Somerville,   Charlestown  and   Boston, 
and  may  so  alter  and  re-arrange  their  roads,  stations  and 
terminal  grounds  in  said  cities,  as  will  enable  them  to 
discontinue  the  use  of  their  grade  crossings  therein,  or  of 
any  of  said  crossings,  and  to  better  accommodate  their 


880  1873.— Chapter  357. 

terminal  business  ;  and  for  these  purposes  may  pay  to  and 
receive  from  each  other  such  compensation  in  money  or 
otherwise  as  may  be  agreed,  and  may  increase  their 
capital  stocks  by  the  net  amounts  severally  expended  by 
Subject  to  ap-    them  under  this  act :  provided,  that  nothino:  shall  be  done 

proval  by  rail-  -*■  ^ 

road  commis-     uudcr  the  authoHty  granted  by  this  section  until  approved 

by  the  board  of  railroad  commissioners. 
Changes  in  SECTION  2.     All  chaugcs   and  alterations  made  under 

tide- water  sub-   this  act  in  structm'cs  over  tide-water,  and  all  new  struct- 
lrfharbM-^co°m^^  urcs   built  ovcr  tide-water,  shall  be  made  subject  to  the 
missioners.        approval  of  the  board  of  harbor  commissioners,   and  in 
accordance  with  the  general  laws  concerning  the  building 
of  structures  over  tide-water. 
May  purchase         SECTION  3.     If    either  of  Said   corporations   desire  to 
consent  of  S.J.  acquirc    any   lauds   or  property  not   owned   by  railroad 
^may  a  e    e  corporations,  or  used  for  other  public  purposes,  for  the 
13urposes  of  this  act,  it  may  purchase  the  same ;  or,   if 
unable  so  to  do,  may  petition  the  supreme  judicial  court 
in  the  county  wherein  such  land  or  property  is  situated 
for  authority  to  take  the  same,  setting  forth  a  description 
thereof,  the  reason  why  it  is  unable  to  purchase  the  same, 
the  purpose  for  which  it  is  sought  to  be  taken,  and  the 
names  and  residences  of  the  owners  thereof  if  known  to 
the  petitioner  ;  and  if  the  court,  upon  the  verdict  of  a  jury, 
if  a  jury  shall  be  demanded  by  any  party  interested,  shall 
decide  that  it  is  necessary  to  take  such  laud  or  property, 
the  petitioner  may  take  the  same  in  the  manner  provided 
^^'IgeT*'""  °^  for  the  taking  of  land  for  railroad  purposes,  except  that 
instead  of  the  county  commissioners  three  disinterested 
persons  shall  be  appointed  by  the  supreme  judicial  court, 
on  proper  application,  as  a  board  of  commissioners,  to 
adjudicate    the    damages    for    the    taking    of    the    same, 
from  whose  decision   an  appeal   to  a  jury  shall   lie,  on 
behalf  of  either  party,  as  is  provided  in  case  of  lands 
taken  for  railroad  purposes.     And  like  proceedings  shall 
be   had   before    said   commissioners   for   the    purpose   of 
ascertaining,  securing  and  obtaining  payment  of  damages 
as  are  provided  by  the  General  Statutes  upon  an  applica- 
tion to  county  commissioners  in  like  cases,  except  that 
warrants  of  distress  to  compel  payment  of  damages  shall 
Proviso.  }^Q  issued  by  the  supreme  judicial  court :  provided,  that 

except  as  is  herein  otherwise  provided,  the  Boston  and 
Lowell  Eailroad  Corporation  shall,  with  respect  to  all 
lauds   or   property  acquired   or   taken   by  it  under  this 


1873.— Chapters  358,  359.  881 

section,  be  subject  to  all  the  duties,  restrictions  and 
liabilities,  and  have  all  the  powers  and  privileges  pro- 
vided in  all  general  laws  which  now  are  or  hereafter 
may  be  in  force  relating  to  railroad  corporations ;  pro-  Proviso. 
vided,  also,  that  nothing  in  this  act  shall  authorize  the 
taking  of  any  lands  covered  at  any  time  by  tide-water, 
unless  such  taldng  shall  be  approved  by  the  harbor  com- 
missioners and  the  governor  and  council. 

Section  4.     Each  of  said  corporations  shall  make  full  ^^rtT coi^?/. 
report  to  the  board  of  railroad  commissioners  during  the  ^^^^^^^^^l^^l 
last  week  of  December  next  of  their  doings  under  this  port  to  legisia- 
act,  and  said  board  shall,  during  the  month  of  January 
next  communicate    said   report,  with   their   own   recom- 
mendations, if  any,  to  the  general  court. 

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

Approved  June  11, 1873. 

An  Act  to  authorize  the    boston,  clinton   and   fitchburg  (JJ^^    358. 
railroad  colvrpany  to  build  a  branch  railroad  in  framing- 
HAM. 

Be  it  enacted,  &c.,  as  follows: 

Section.  1.     The  Boston,  Clinton  and  Fitchburg  Kail-  ^.^^ .''if |.ioid  in 
road  Company  is  authorized  to  construct  and  maintain  a  Framingham  t» 
branch  railroad,  beginning  at  a  point  in  the  present  track  tary  eamp. 
of  their  railroad  between  the  stations  of  Framingham  and  s''^™*^- 
South  Framingham,    thence   running  by   as  direct  a  line 
as  practicable  to  some  convenient  point  on  land  in  said 
Framingham   recently  purchased   by  the   Commonwealth 
for  a  camp-ground  for  the  militia,  the  route  of  the  said 
branch  railroad  to  be  fixed  and  determined  according  to 
the  provisions  of  the  general  laws. 

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

Aiyproved  June  11,  1873. 

An  Act  to  authorize  the  second  congregational  society  in  (JJ^^    359. 

MARBLEHEAD   TO   PURCHASE   AND  HOLD  REAL  ESTATE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The   Second    Congregational    Society   of  ^ay  purchase 
Marblehead  may  purchase  and  hold  real  estate,  in  addition  sonage,  &c. 
to   its  meeting-house,   for  a  parsonage  and  other  parish 
purposes,  to  an  amount  not  exceeding    fifteen  thousand 
dollars. 

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

Approved  Jtme  11, 1873. 


882 


1873.— Chapter  360. 


May  construct 
tracks  for 
freight  purposes 
iu  Cliarlestown. 


Cll  360  ^  ^^'^  ^^  AUTHORIZE  THE  EASTERN  RAILROAD  COMPANY  TO  CON- 
STRUCT A  FREIGHT  TRACK  AND  TAKE  LANDS  FOR  FREIGHT  PUR- 
POSES IN  CHARLESTOWN,   AND  FOR   OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  Eastern  Railroad  Company  may  con- 
struct, operate  and  maintain  one  or  more  tracks  for 
fi'eight  pui-poses  in  Cliarlestown,  in  the  county  of  Middle- 
sex, beginning  on  the  northerly  side  of  Cambridge  Street, 
so  called,  in  said  Cliarlestown,  upon  land  of  the  said 
Eastern  Railroad  Company ;  thence  crossing  said  Cam- 
bridge Street  to  the  land  and  flats  of  the  said  company ; 
thence  upon  piles  or  solid  filling  over  land  and  flats  of 
said  company  in  Charlestown ;  and  thence  through  said 
Charlestown  crossing  at  grade  said  Cambridge  Street  and 
Austin  Street  in  Charlestown,  and  the  lands  and  flats  of 
the  Commonwealth  outside  of  the  enclosure  of  the  state 
prison  to  the  lands  hereinafter  named ;  and  may  fill  from 
time  to  time  with  solid  filling  the  lands  and  flats  of  said 
company  in  Charlestown  :  provided,  lioicever,  that  the  Com- 
monwealth may  at  any  time  upon  a  sale  of  the  state  prison 
lands,  for  the  sake  of  obtaining  the  full  market  value 
thereof,  alter  the  location  of  the  said  railroad*  across  the 
same  :  and  jwovided,  further,  that  whenever  the  Common- 
wealth elects  to  sell  said  prison  lands,  the  Commonwealth, 
by  its  governor  and  council,  may  abandon  the  whole  of 
said  lands  to  said  company,  and  thereupon  the  Common- 
wealth shall  have  the  same  rights  against  the  company  as 
are  provided  for  the  owners  of  estates  taken  under  the 
provisions  of  the  second  section  of  this  act. 

Section  2.  The  said  Eastern  Railroad  Company  may 
take  at  any  time  within  one  year  from  the  passage  of  this 
act,  for  the  purposes  of  a  freight  station,  all  the  land  in 
CharlestoAvn  bounded  and  described  as  follows,  or  so 
much  thereof  as  they  may  deem  necessary :  Beginning  at 
the  north-easterly  corner  of  Lynde  and  Austin  Streets ; 
thence  running  southerly  on  said  Austin  Street  to  Front 
Street ;  thence  running  easterly  on  said  Front  Street  to 
Jeuner  Street ;  thence  northerly  on  said  Jeiiner  Street  to 
Bow  Street ;  thence  on  said  Bow  Street  to  Arrow  Street ; 
thence  by  said  Arrow  Street  and  Lynde  Street  to  the 
point  of  beginning,  with  the  right  to  close  all  streets, 
lanes,  courts  and  highways  of  every  description  now  in 
any  wise  crossing  or  upon  the  said  premises  or  any  part 
thereof,  which  may  be  taken  by  them  under  the  provisions 


Proviso. 


Proviso. 


May  take  land 
in  Obarlestown 
at  any  time 
within  one  year. 


Description  of 
land. 


1873.— Chaptek  361.  883 

of  this  act :  provided,  hoivever,  that  if  said  Eastern  Rail-  Proviso. 
road  Company,  under  the  provisions  of  this  act,  takes  a 
portion  of  an}^  estate,  th6  owner  or  o^vners  of  such  estate 
shall  at  his  or  their  election,  signified  within  one  month 
after  such  taking,  be  entitled  to  alDandon  the  whole  of 
such  estate  to  said  company,  and  shall  have  the  same 
rights  against  the  company  as  if  it  had  taken  the  whole  of 
such  estate. 

Section  3 .     All  general  laws  relatinsf  to  the  taking  of  Adjudication  of 

o  111-  1  damages. 

land  for  railroad  purposes  and  the  location  and  construc- 
tion of  railroads,  shall  be  apphcable  to  and  govern  the 
proceedings  in  the  taking  of  lands  provided  for  in  the 
second  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 
commissioners  to  adjudicate  the  damages  for  the  taking  of 
said  lands  and  property,  fi'om  whose  decision  an  appeal  to 
a  jury  shall  lie  in  behalf  of  any  party  whose  land  may  be 
taken  or  who  may  suffer  any  damage  by  reason  of  said 
taking  or  location  or  of  any  act  done  by  said  company 
under  said  second  section,  as  is  provided  in  case  of  lands 
taken  for  railroad  purposes. 

Section  4.     Said  Eastern  Railroad  may,  for  the  pur-  Mayincreaee 
poses  of   this  act,   by   a  vote  of  its  stockholders,   at  a ''^p"^^^^''^- 
meeting  duly  called  for  the  purpose,  increase  its  capital 
stock  to  an  amount  equal  to  the  amount  expended  under 
this  act,  not  exceeding  one  million  dollars   beyond   the 
amount  now  authorized  by  law. 

Section  5.     Lands  acquired,  taken  or   purchased   by  Lands  not  to  be 
said  corporation  under  this  act  shall  not  be  exempt  from  talS^n.  °^ 
taxation. 

Section  6.     No   lands  covered  at  any  time  by  tide-  Lands  covered 
water  shall  be  taken  or  used  under  the  provisions  of  this  takra^h'ap- 
act,  unless  such  taking  or  use  shall  be  approved  by  the  commis^^ionlrs!' 
harbor,  commissioners,  and  compensation   shall  be  made  compensation 
for  all  lands   of  the  Commonwealth  taken  or  used  under  coi^OTweaUh. 
this  act  to  the  satisfaction  of  the  governor  and  council. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

A])proved  June  11,  1873. 

An  Act  en  relation  to  con'Necting  railroads.  rij,      ogi 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  provisions  of  section  one  of  chapter  provisions  of 
one  hundred  and  eighty  of  the  acts  of  the  year  eighteen  noWapp^y'to 
hundred  and  seventy-two  shall  not  authorize  any  lease  or  ^^°  '■°=*'^^  ^''^- 


52 


ing  termmi  in 
Boston. 


884 


1873.— Chapter  362. 


Ch.   362. 


Assessment 
of  cities  and 
towns. 


Barnstable 
ounty. 


Berkehire 
county. 


contract  between  any  two  railroad  corporations,  each  of 
which  has  a  terminus  in  the  city  of  Boston. 

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

Approved  June  11,  1873. 

An  Act  to  apportion  and  assess  a  state  tax  of  two  million 

two  hundred  and  fifty  thousand  dollars. 
Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  Each  city  and  tow^n  in  this  Commonwealth 
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, 
Brewster,    . 
Chatham,    . 
Dennis, 
Eastham,     . 
Falmouth,  . 
Harwich,    . 
Mashpee,    . 
Orleans, 
Provincetown, 
Sandwich,  . 
Truro, 
Wellfleet,    . 
Yarmouth, . 


Four  thousand  seven  hundred  two 
dollars  and  fifty  cents,    .        .    , 

One  thousand  two  hundred  eighty- 
two  dollars  and  fiftj'  cents,     . 

One  thousand  nine  hundi'ed  twelve 
dollars  and  fifty  cents,    . 

Two  thousand  seven  hundred  and 
forty-five  dollars,     . 

Four  hundred  seventy-two  dollars 
and  fifty  cents, 

Two  thousand  two  hundred  seventy 
two  dollars  and  fifty  cents,     . 

Two  thousand  two  hundred  twenty 
seven  dollars  and  fifty  cents, 

One  hundred  and  eighty  dollars, 

One  thousand  one  hundred  and 
twenty -five  dollars, 

Three  thousand  six  hundred  and 
ninety  dollars,         .... 

Two  thousand  six  hundred  thirty- 
two  dollars  and  fifty  cents,     . 

Seven  hundred  forty-two  dollars  and 
fifty  cents, 

One  thousand  six  hundred  and  sixty- 
five  dollars, 

Two  thousand  five  hundred  and 
sixty-five  dollars,    .... 


BERKSHIRE    COUNTY. 


Adams, 


Eleven  thousand  two  hundred  and 
five  dollars, 


$4,702  50 

1,282  50 

1,912  50 

2,745  00 

472  50 

2,272  50 

2,227  50 
180  00 

1,125  00 
3,690  00 
2,632  50 
742  50 
1,665  00 
2,565  00 


$28,215  00 


$11,205  00 


1873.— Chapter  362. 

BERKSHIRE  COUNTY— Continued. 


885 


Berkshire 
county. 


Alford, 
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, 


Fovir  hundred  and"ninety-five  dollars. 
Nine  hundred  and  ninety  dollars, 

One  thousand  five  hundred  fifty-two 
dollars  and  fifty  cents,    . 

Four  hundred  and  seventy-two  dol- 
lars and  fifty  cents, 

One  thousand  six  hundred  and  sixty- 
five  dollars,     .... 

Nine  hundred  sixty-seven  dollars 
and  fifty  cents, 

Six  hundred  and  seven  dollars  and 
fifty  cents,       .... 

Seven  thousand  one  hundred  thirty- 
two  dollars  and  fifty  cents,     . 

Seven  hundred  eighty-seven  dollars 
and  fifty  cents,        ... 

One  thousand  five  hundred  and  sev- 
enty-five dollars,     ... 

One  thousand  three  hundred  twenty- 
seven  dollars  and  fifty  cents,  . 

Three  thousand  eighty-two  dollars 
and  fifty  cents, 

Two  thousand  three  hundred  and 
forty  dollars,  .... 

Five  hundred  and  eighty-five  dollars, 

One  hundred  and  eighty  dollars, 

One  hundred  and  eighty  dollars. 

One  thousand  six  hundred  and  sixty- 
five  dollars,     .... 
Six  hundred  and  seventj'-five  dollars. 

Three  hundred  and  sixty  dollars. 

Thirteen  thousand  three  hundred  and 
twenty  dollars,        .        .        .        . 
Nine  hundred  and  ninety  dollars, 

One  thousand  and  thirty-five  dollars. 

Five  hundred  sixty-two  dollars  and 
fifty  cents,       .... 

Two  thousand  two  hundred  twenty- 
seven  dollars  and  fifty  cents, . 

Three  thousand  six  hundi*ed  and 
ninety  dollars. 

Five  hundred  seventeen  dollars  and 
fifty  cents,       .... 


|495  00 
990  00 

1,552  50 

$472  50 

1,665  00 

967  50 

607  50 

7,132  50 

787  50 

1,575  00 

1,327  50 

3,082  50 

2,340  00 
585  00 

180  00 

180  00 


1,665  00 
675  00 

360  00 


13,320  00 
990  00 

1,035  00 


562  50 
2,227  50 
3,690  00 

517  50 


886 


Berkshire 
county. 


1873.— Chapter  362. 

BERKSHIRE  COUNTY— Concluded. 


Bristol  county. 


Washington, 

Five  hundred  seventeen  dollars  and 

fifty  cents, 

f517  50 

W.  Stockbridge, 

One  thousand  six  hundred  eighty- 

seven  dollars  and  fifty  cents,  . 

1,687  60 

Williamstown,    . 

Two  thousand  eight  hundred  twelve 

dollars  and  fifty  cents,    . 

2,812  50 

Windsor,     . 

Five  hundred  and  eighty-five  dollars, 

585  00 

$65,790  00 

Acushnet,   . 
Attleborough, 
Berkley, 
Dartmouth, 
Dighton,     . 
Easton, 
Fairhaven, . 
Fall  River, . 
Freetown,  . 
Mansfield,  . 
New  Bedford, 
Norton, 
Raynham,  . 
Rehoboth,  . 
Seekonk,     . 
Somerset,   . 
Swanzey,    . 
Taunton,     . 
Westport,   . 


BRISTOL    COUNTY 


hundred    and 


and 
and 


and 


One  thousand  one  hundred  and 
twenty-five  dollars, 

Four  thousand    nine 
ninety-five  dollars. 

Six  hundred  and  seven  dollars  and 
fifty^  cents, 

Three  thousand  six  hundred  sixty- 
seven  dollars  and  fifty  cents, . 

One  thousand  five  hundred  fifty-two 
dollars  and  fifty  cents,    . 

Four    thousand    five    hundred 
forty-five  dollars,    . 

Two   thousand   seven  hundred 
forty-five  dollars,    . 

Forty    thousand    six    hundred 
eighty  dollars,         .... 

One  thousand  three  hundred  seventy- 
two  dollars  and  fifty  cents,     . 

One  thousand  seven  hundred  and  ten 
dollars, 

Thirty-six  thousand  three  hundred 
and  fifteen  dollars, .... 

One  thousand  four  hundred  sixty- 
two  dollars  and  fifty  cents, 

One  thousand  eight  hundred  and 
ninety  dollars,         .        .        .        . 

One  thousand  four  hundred  sixty-two 
dollars  and  fifty  cents,    . 

Nine  hundred  and  ninety  dollars. 

One  thousand  seven  hundred  and  ten 
dollars, 

One  thousand  one  hundred  and  sev- 
enty dollars, 

Twenty-three  thousand  six  hundred 
and  twenty-five  dollars, . 

Two  thousand  five  hundred  and 
sixty-five  dollars,  .        .        .        . 


$1,125  00 
4,995  00 
607  50 
3,667  50 
1,552  50 
4,545  00 
2,745  00 

40,680  00 
1,372  50 
1,710  00 

36,315  00 

1,462  50 

1,890  00 

1,462  50 
990  00 

1,710  00 

1,170  00 

23,625  00 

2,565  00 

$134,190  00 


1873.     Chapter  362. 

887 

DUKES     COUNTY. 

Dukes  county. 

Chilmark,   . 

Five  hundred  and  sixty-two  dollars 

and  fifty  cents,        .... 

$562  50 

Gay  Head,  . 

Forty-five  dollars,       .... 

45  00 

Edgartown, 

One    thousand    nine    hundred    and 

eighty  dollars,         .... 

1,980  00 

Gosnold,     . 

Two  hundred  and  twenty-five  dol- 

lars,          

225  00 

Tisbury, 

One  thousand  three  hundred  twenty- 

seven  dollars  and  fifty  cents. 

1,327  50 

$4,140  00 

ESSEX    COUNTY. 

Essex  county. 

Amesbury, . 

Four  thousand  seven  hundred  ninety- 

two  dollars  and  fifty  cents,     . 

|4,792  50 

Andover,    . 

Five  thousand  one  hundred  ninety- 

seven  dollars  and  fifty  cents, . 

5,197  50 

Beverly, 

Nine   thousand   sixty-seven    dollars 

and  fifty  cents. 

9,067  50 

Boxford, 

One  thousand  two  hundred  thiity- 

seven  dollars  and  fifty  cents, . 

1,237  60 

Bradford,    . 

One  thousand  nine  hundred  twelve 

dollars  and  fifty  cents,    . 

1,912  50 

Danvers,     . 

Four  thousand  nine  hundred  and  fifty 

dollars, 

4,950  00 

Essex, 

One  thousand  five  hundred  ninety- 

seven  dollars  and  fifty  cents,. 

1,597  50 

Georgetown, 

One  thousand  six  hundred  eighty- 

seven  dollars  and  fifty  cents,  . 

1,687  50 

Gloucester, 

Thirteen   thousand    and  ninety-five 

dollars, 

13,095  00 

Groveland, . 

One  thousand    five    hundred  seven 

dollars  and  fifty  cents,    . 

1,507  50 

Hamilton,  . 

Eight  hundred  and  fifty-five  dollars. 

855  00 

Haverhill,  . 

Fifteen  thousand  five  hundred  and 

seventy  dollars,       .... 

15,570  00 

Ipswich, 

Three  thousand  and  fifteen  dollars,  . 

3,015  00 

Lawrence,  . 

Lynn, . 
Lynnfield,  . 
Manchester, 


Twenty-nine  thousand  five  hundred 
and  forty-two  dollars  and  fifty 
cents, 

Thirty-four  thousand  four  hundred 
two  dollars  and  fifty  cents,     . 

One  thousand  and  eighty  dollars, 

One  thousand  nine  hundred  and 
thirty-five  dollars,  .        .        .        . 


29,542  50 

34,402  50 
1,080  00 


1,935  00 


888 

Essex  county. 


Franklin 
county. 


1873.— Chapter  362. 

ESSEX  COUNTY— Continued. 


Marblehead, 

Metliuen,    . 

Middleton, 

Nahant, 

Newbury,   . 

Newburyport, 

North  Andover, 

Peabody, 

Rockport, 

Rowley, 

Salem, 

Salisbury, 

Saugus, 

Swampscott, 

Topsfield, 

Wenham, 

West  Newbury, 


Six  thousand  four  hundred  fifty-seven 

dollars  and  fifty  cents,    . 
Three  thousand  three  hundred  and 

seventy-five  dollars, 
Seven  hundred  eighty-seven  dollars 

and  fifty  cents. 
Six  thousand  seven  hundred  seventy 

two  dollars  and  fifty  cents,     . 
One  thousand  three  hundred  seventy 

two  dollars  and  fifty  cents,     . 
Thirteen  thousand  four  hundred  and 

fifty-five  dollars, 
Three  thousand  four  hundred  forty- 
two  dollars  and  fifty  cents,     . 
Eight  thousand   eight  hundred  and 

twenty  dollars,        .        .        .         . 
Three  thousand  and  sixty  dollars, 

Nine  hundred  and  ninety  dollars. 

Thirty-six  thousand  four  hundred 
twenty-seven  dollars  and  fifty 
cents, 

Three  thousand  three  hundred  fifty- 
two  dollars  and  fifty  cents, 

Two  thousand  thx'ee  hundred  and 
forty  dollars, 

Three  thousand  one  hundred  and  five 
dollai's, 

One  thousand  two  hundred  and  sixty 
dollars, 

Eight  hundred  seventy-seven  dollar 
and  fifty  cents,         .... 

One  thousand  nine  hundred  and 
thirty-five  dollars,  .... 


$6,467  50 

3,375  00 

787  50 

0,772  50 

1,372  50 

13,455  00 

3,442  50 

8,820  00 
3,060  00 

990  00 


36,427 

50 

3,352 

50 

2,340 

00 

3,105 

00 

1,260  00 

877 

50 

1,935 

00 

1229,275 

00 

FRANKLIN     COUNTY 


Ashfield, 
Bernardston, 
Buckland,   . 
Charlemont, 
Colrain, 


One  thousand  and  thirty-five  dollars, 

Eight  hundred  thirty-two  dollars  and 
fifty  cents, 

One  thousand  three  hundred  and  five 
dollars, 

Seven  hundred  and  sixty-five  dollars, 

One  thousand  two  hundred  eighty- 
two  dollars  and  fifty  cents,     . 


f  1,035  00 


832  50 

1,305  00 
765  00 


1,282  50 


1873.— Chaptee  362. 

FRANKLIN  COUNTY— Contintjed. 


889 


FrankUn 
cotuity. 


Conway, 

One  thousand  four    hundred  sixty- 

two  dollars  and  fifty  cents, 

$1,462  50 

Deerfield,  . 

Two  thousand  six  hundred  seventy- 

seven  dollars  and  fifty  cents, . 

2,677  50 

Erving, 

Five  hundred  and  forty  dollars. 

540  00 

GiU,    . 

Seven  hundred  eighty-seven  dollars 

and  fifty  cents,         .... 

787  50 

Greenfield, . 

Three  thousand  nine  hundred  thirty- 

seven  dollars  and  fifty  cents. 

3,937  50 

Hawley, 

Four  hundred  and  five  dollars,  . 

405  00 

Heath, 

Five  hundred  and  forty  dollars, 

540  00 

Leverett,     . 

Six  hundred  ninety-seven  dollars  and 

fifty  cents,        ..... 

697  50 

Leyden, 

Four  hundred  twenty-seven  dollars 

and  fifty  cents,        .... 

427  50 

Monroe, 

One  hundred  and  thirty-five  dollars, 

135  00 

Montague,  . 

One    thousand    nine    hundred    and 

eighty  dollars,         .... 

1,980  00 

New  Salem, 

Seven  hundred  and  twenty  dollars,  . 

720  00 

Northfield,  , 

One  thousand  four  hundred  sixty-two 

dollars  and  fifty  cents,    . 

1,462  50 

Orange, 

Two  thousand  two  hundred  twenty- 

seven  dollars  and  fifty  cents. 

2,227  50 

Rowe, 

Four  hundred  and  five  dollars,  . 

405  00 

Shelburne,  . 

One  thousand  six  hu^ndred  eighty- 

seven  dollars  and  fifty  cents. 

1,687  50 

Shutesbury, 

Four  hundred  twenty-seven  dollars 

and  fift}^  cents,        .... 

427  50 

Sunderland, 

Seven  hundred  eighty-seven  dollars 

and  fifty  cents,         .... 

787  50 

Warwick,    . 

Five  hundred  sixty-two  dollars  and 

fifty  cents, 

562  50 

Wendell,     . 

Four  hundred  and  five  dollars,  . 

405  00 

Whately,     . 

One  thousand  three  hundred  and  five 

dollars, 

1,305  00 

f28,800  00 

HAMPDEN    COUNTY. 

Hampden 
coiuity. 

Agawam,    . 

One  thousand  six  hundred  eighty- 

seven  dollars  and  fifty  cents, 

$1,687  50 

Blandford,  . 

Nine  hvmdred  and  forty-five  dollars. 

945  00 

890 


Hampden 
county. 


1873.— Chapter  862. 

HAIVIPDEN  COUNTY— Continued. 


Brimfield,  . 
Chester, 
Chicopee,    . 

Granville,  . 
Holland, 
Holyoke,     . 
Longmeadow,    . 
Ludlow, 
Monson, 
Montgomery, 
Palmer, 
Russell, 
Southwick, . 
Springfield, 
Tolland,      . 
Wales, 
Westfield,  . 
West  Springfield, 
Wilbraham, 


One  thousand  two  hundred  and  fif- 
teen dollars, 

Nine  hundred  and  ninety  dollars. 

Seven  thousand  eight  hundred 
ninety-seven  dollars  and  fifty 
cents, 

Nine  hundred  and  forty-five  dollai's, 

Two  hundred  and  seventy  dollars,   . 

Ten  thousand  six  hundred  and 
twenty  dollars,        .... 

One  thousand  eight  hundred  and 
forty-five  dollars,    .... 

Eight  hundred  seventy-seven  dollars 
and  fifty  cents,        .... 

Two  thousand  four  hundred  seven 
dollars  and  fifty  cents,    . 

Two  hundred  ninety-two  dollars  and 
fifty  cents,       ..... 

Two  thousand  six  hundred  and  ten 
dollars, 

Five  hundred  seventeen  dollars  and 
fifty  cents, 

One  thousand  one  hundred  ninety- 
two  dollars  and  fifty  cents,     . 

Forty-three  thousand  one  hundred 
and  ten  dollars,       .... 

Five  hundred  seventeen  dollars  and 
fifty  cents, 

Six  hundred  ninety-seven  dollars  and 
fifty  cents, 

Eight  thousand  three  hundred  ninety- 
tAvo  dollars  and  fifty  cents,     . 

Three  thousand  three  hundred  fifty- 
two  dollars  and  fifty  cents,     . 

One  thousand  six  hundred  and  sixty- 
five  dollars, 


$1,215  00 
990  00 


7,897  50 
945  00 

270  00 


10,620  00 

1,845  00 

877 

50 

2,407 

50 

292 

50 

2,610 

00 

517 

50 

1,192 

50 

43,110  00 

517 

50 

697 

50 

8,392  50 

3,352 

50 

1,665 

00 

$92,047 

50 

Hampshire 
county. 


HAMPSHIRE    COUNTY. 

Amherst,     . 

Four   thousand   nine    hundred    and 

ninety-five  dollars, 

$4,995 

00 

Belchertown, 

Two  thousand  and  two  dollars  and 

fifty  cents, 

2,002 

50 

Chesterfield, 

Seven  hundred  forty-two  dollars  and 

fifty  cents, 

742 

50 

1873.— Chapter  362. 

HAMPSHIRE  COUNTY— Continued. 


891 


Cummington, 

Easthampton,     . 

Enfield,       . 

Goshen, 

Granby, 

Greenwich, 

Hadley, 

Hatfield,     , 

Huntington, 

Middlefield, 

Northampton,     . 

Pelham, 

Plainfield,  . 

Prescott, 

South  Hadley,    . 

Southampton,     . 

Ware, 

Westhampton,    . 

Williamsburg,    . 

Worthington, 


Seven  hundred  forty-two  dollars  and 
fifty  cents,       .... 

Four  thousand  three  hundred  eighty' 
seven  dollars  and  fifty  cents, 

One  thousand  one  hundred  ninety- 
two  dollars  and  fifty  cents,     . 

Two  hundred  ninety-two  dollars  and 
fifty  cents,       .... 

Nine  hundred  twenty-two  dollars 
and  fifty  cents, 

Five  hundred  and  eighty-five  dollars, 

Two  thousand  four  hundred  fifty-two 

dollars  and  fifty  cents,  . 
Two  thousand  four  hundred  seven 

dollars  and  fifty  cents,  . 
Nine  hundred  and  ninety  dollars. 

Six  hundred  and  ninety-seven  dol- 
lars and  fifty  cents. 

Eleven  thousand  four  hundred  fifty- 
two  dollars  and  fifty  cents,     . 

Four  hundred  twenty-seven  dollars 
and  fifty  cents, 

Five  hundred  seventeen  dollars  and 
fifty  cents,        .... 

Four  hundred  and  five  dollars,  . 

Three  thousand  and  eighty-two  dol- 
lars and  fifty  cents, 
One  thousand  and  thirty-five  dollars. 

Three  thousand    one   hundred  and 

five  dollars,     .... 
Six  hundred  and  seventy-five  dollars. 

Two  thousand  four  hundred  ninety- 
seven  dollars  and  fifty  cents. 
Seven  hundred  and  twenty  dollars. 


Hampshire 
county. 


$742  50 

4,387  50 

1,192  50 

292  50 

922  50 

585  00 

2,452  50 


2,407 
990 

50 
00 

697 

50 

11,452 

50 

427 

60 

517 

405 

60 
00 

3,082 
1,035 

60 
00 

8,105 
675 

00 
00 

2,497  50 
720  00 

,327  50 


MIDDLESEX    COUNTY. 

Acton, 

One  thousand   seven   hundred   sev- 

enty-seven dollars  and  fifty  cents. 

f  1,777  50 

Arlington,  . 

Five  thousand  six  hundred  ninety- 

two  dollars  and  fifty  cents,     . 

6,692  50 

Ashby, 

Nine  hundred  sixty-seven  dollars  and 

fifty  cents,        .        .        . 

967  50 

Middlesex 
county. 


53 


892 


1873.— Chapter  362. 


Middlesex 
county. 

MIDDLESEX  COUNTY— Continued. 

Ashland,     . 

Two  thousand  one  hundi-ed  thirty- 

seven  dollars  and  fifty  cents, . 

$2,137  50 

Ayer,  . 

One    thousand     six    hundred    and 

twenty  dollars,        .... 

1,620  00 

Bedford,     . 

Nine    hundred    twenty-two    dollars 

and  fifty  cents,        .... 

922  50 

Belmont,     . 

Three  thousand  six  hundred  dollars, 

3,600  00 

Billerica,     . 

Two  thousand   four  hundred  seven 

dollars  and  fifty  cents,    . 

2,407  50 

Boxborough, 

Four  hundred   twenty-seven  dollars 

and  fifty  cents,        .... 

427  50 

Brighton,    . 

Nine  thousand    nine    hundred    and 

ninety  dollars,         .... 

9,990  00 

Burlington, 

Seven  hundred  eighty-seven  dollars 

and  fifty  cents, 

787  50 

Cambridge, 

Sixtj'-five  thousand  nine  hundred  two 

dollars  and  fifty  cents,    . 

65,902  50 

Carlisle, 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

Charlestown, 

Forty-two  thousand    nine    hundred 

and  seventy-five  dollars, 

42,975  00 

Chelmsford, 

Two  thousand  seven  hundred  sixty- 

seven  dollars  and  fifty  cents,  . 

2,767  50 

Concord,     . 

Three  thousand  five  hundred  thirty- 

two  dollars  and  fifty  cents,     . 

3,632  50 

Dracut, 

Two  thousand  two  hundred  and  fifty 

dollars, 

2,250  00 

Dunstable, . 

Five  hundred  and  forty  dollars, 

540  00 

Everett, 

Three  thousand    two   hundred  and 

forty  dollars, 

3,240  00 

Framingham, 

Six  thousand  and  thirty  dollars, 

6,030  00 

Groton, 

Two  thousand  five  hundred  eighty- 

seven  dollars  and  fifty  cents, . 

2,587  50 

Holliston,   . 

Three  thousand    one   hundred  sev- 

enty-two dollars  and  fifty  cents,     . 

3,172  50 

Hopkinton, 

Tliree     thousand     seven     hundred 

twelve  dollars  and  fifty  cents. 

3,712  50 

Hudson, 

Two    thousand    five    hundred    and 

sixty-five  dollars,   .... 

2,565  00 

Lexington, . 

Three  thousand  three  hundred  and 

seventy-five   dollars, 

3,375  00 

Lincoln, 

One  thousand  one  hundred  and  two 

dollai'S  and  fifty  cents,    . 

1,102  50 

Littleton,     . 

One  thousand  one  hundi-ed  and  sev- 

enty dollars, 

1,170  00 

Lowell, 

Forty-three  thousand  four  hundred 

two  dollars  and  fifty  cents,     . 

43,402  50 

Maiden, 

Nine  thousand  seven  hundred   and 

sixty-five  dollars,    .... 

9,765  00 

Marlborough,     . 

Five  thousand  eight  hundred  twenty- 

seven  dollars  and  fifty  cents, . 

5,827  50 

1873.— Chapter  362. 

AODDLESEX  COUNTY— Concluded. 


893 


Middlesex 
county. 


Maynard,    . 
Medford,     . 
Melrose, 
Natick, 
Newton, 
North  Reading, 
Pepperell,  . 
Reading,     . 
Sherborn,   . 
Shirley, 
Somerville, 
Stoneham,  . 
Stow,  . 
Sudbury,     . 
Tewksbury, 
Townsend, . 
Tyngsborough, 
Wakefield,  . 
Waltham,   . 
Watertown, 
Wayland,   . 
Westford,   . 
Weston, 
Wilmington, 
Winchester, 
Woburn,     . 


One  thousand  six  hundred  eighty- 
seven  dollars  and  fifty  cents. 

Nine  thousand  one  hundi'ed  and 
eighty  dollars,         .... 

Four  thousand  one  hundred  seven- 
teen dollars  and  fifty  cents,    . 

Five  thousand  five  hundred  and 
eighty  dollars, 

T-went^'-six  thousand  four  hundi-ed 
eighty-two  dollars  and  fifty  cents. 

Nine  hundred  twenty-two  dollars 
and  fifty  cents,        .... 

One  thousand  nine  hundred  and 
eighty  dollars,         .... 

Two  thousand  eight  hundred  and 
eighty  dollars,         .... 

One  thousand  four  hundi-ed  sixty- 
two  dollars  and  fifty  cents.     . 

One  thousand  four  hundred  and 
eighty-five   dollars. 

Twenty  thousand  t\vo  hundred  and 
five  dollars, 

Four  thousand  seventy-two  dollars 
and  fifty  cents,         .... 

One  thousand  two  hundred  and  sixty 
dollars, 

One  thousand  five  hundred  ninety- 
seven  dollars  and  filty  cents, 

One  thousand  five  hundred  and 
thirty  dollars, 

One  thousand  five  hundred  ninety- 
seven  dollars  and  fifty  cents, 

Five  hundred  sixty-two  dollars  and 
fifty  cents, 

Five  thousand  one  hundred  fifty-two 
dollars  and  fifty  cents,    . 

Twelve  thousand  one  hundred  and 
ninety-five  dollars, .... 

Seven  thousand  one  hundred  thii-ty- 
two  dollars  and  fifty  cents,     . 

One  thousand  two  hundred  thirt}^- 
seven  dollars  and  fifty  cents, . 

One  thousand  eight  hundred  sixty- 
seven  dollai's  and  fifty  cents, . 

One  thousand  nine  hundred  fifty- 
seven  dollars  and  fifty  cents, . 

Eight  hundred  seventy-seven  dollars 
and  fift}^  cents,        .        .        .        . 

Four  thousand  nine  hundred  and  five 
dollars, 

Eleven  thousand  eight  hundred  and 
thirty-five  dollars,  .        .        .        , 


?1,687  50 
9,180  00 
4,117  50 
5,580  00 

26,482  50 
922  50 
1,980  00 
2,880  00 
1,462  50 
1,485  00 

20,205  00 
4,072  50 
1,260  00 
1,597  50 
1,530  00 
1,597  50 
562  50 
5,152  50 

12,195  00 
7,132  50 
1,237  50 
1,867  50 
1,957  50 
877  50 
4,905  00 

11,835  00 


,617  50 


894 


Nantucket 
county. 


Nantucket, , 


Norfolk  county. 


Bellingham, 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxborough 

Franklin, 

Holbrook, 

Hyde  Park, 

Medfield, 

Medway, 

Milton, 

Needham, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 

Walpole, 


1873.— Chapter  362. 
nantucket  county 


Three  thousand  eight  hundred  forty- 
seven  dollars  and  fifty  cents, . 


NORFOLK    COUNTY. 


Nine  hundred  and  ninety  dollars. 

Three  thousand  eight  hundred  and 
twenty-five  dollars, 

Twenty-seven  thousand  two  hun- 
dred and  ninety-two  dollars  and 
fifty  cents, 

Four  thousand  three  hundred  and 
eighty-seven  dollars  and  fifty  cents. 

Two  thousand  nine  hundred  and 
twenty-five  dollars, 

Seven  thousand  two  hundred  sixty- 
seven  dollars  and  fifty  cents. 

Six  hundred  and  seventy-five  dollars. 

Two  thousand  five  hundred  eighty- 
seven  dollars  and  fifty  cents, . 

Two  thousand  five  hundred  eighty- 
seven  dollars  and  fifty  cents. 

One  thousand  nine  hundred  and 
thirty-five  dollars,  .... 

Seven  thousand  five  hundred  and 
fifteen  dollars,         .... 

One  thousand  three  hundred  and 
fifty  dollars, 

Two  thousand  nine  hundred  ninety- 
two  dollars  and  fifty  cents,     . 

Seven  thousand  two  hundred  twenty- 
two  dollars  and  fifty  cents,     . 

Four  thousand  seven  hundred  two 
dollars  and  fifty  cents,    . 

Eight  hundred  seventy-seven  dollars 
and  fifty  cents,        .... 

One  thousand  nine  hundred  and 
thirty-five  dollars,  .... 

Seven  thousand  nine  hundred  forty- 
two  dollars  and  fifty  cents. 

Three  thousand  five  hundred  thirty- 
two  dollars  and  fifty  cents,     . 

One  thousand  three  hundred  and 
ninety-five  dollars. 

Four  thousand  two  hundred  and 
thirty  dollars, 

Two  thousand  two  hundred  and  five 
dollars, 


5,847  50 


$990  00 


3,825  00 


27,292 

50 

4,387 

50 

2,925  00 

7,267 
675 

50 
00 

2,587 

50 

2,587 

50 

1,935 

00 

7,515  00 

1,350  00 

2,992 

50 

7,222  60 

4,702  50 

877 

50 

1,935 

00 

7,942 

50 

3,532 

50 

1,395  00 

4,230 

00 

2,205  00 

1873.— Chapter  362. 


895 


NORFOLK  COUNTY— Continued. 

Norfoli 

county. 

WestRoxbury,  . 

Twenty  thousand  eight  hundred  and 

eighty  dollars,         .... 

$20,880  00 

Weymouth, 

Eight  thousand  nine  hundred   sev- 

enty-seven dollars  and  fifty  cents,  . 

8,977  50 

Wrentham, 

Two  thousand  and  two  dollars  and 

fifty  cents, 

2,002  60 

$132,232  50 

PLYMOUTH    COUNTY. 

Plymouth 
county. 

Abington,   . 

Seven  thousand  nine  hundred  and 

sixty-five  dollars,    .... 

$7,965  00 

Bridgewater, 

Three  thousand  eight  hundred  two 

dollars  and  fifty  cents,    . 

3,802  50 

Carver, 
Duxbury,    . 

One  thousand  and  thirty-five  dollars. 
Two  thousand  one  hundred  and  sixty 

1,035  00 

dollars, 

2,160  00 

E.  Bridgewater, . 

Two  thousand  four  hundred  seven 

• 

dollars  and  fifty  cents,    . 

2,407  50 

Halifax, 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

Hanover,    . 

One  thousand   six  hundred  eighty- 

seven  dollars  and  fifty  cents. 

1,687  50 

Hanson, 

One  thousand   twelve    dollars    and 

fifty  cents, 

1,012  50 

Hingham,   . 

Five    thousand    two    hundred    and 

twenty  dollai-s,        .... 

5,220  00 

Hull,   . 

Three    hundred    eighty-two   dollars 

and  fifty  cents,        .... 

882  50 

Kingston,   . 

Two  thousand  one  hundred  eighty- 

two  dollars  and  fifty  cents,     . 

2,182  50 

Lakeville,  . 

One  thousand  and  thirty-five  dollars, 

1,035  00 

Marion, 

Eight  hundred  thirty-two  dollars  and 

fifty  cents, 

832  50 

Marshfield,. 

One    thousand    five    hundred    and 

thirty  dollars, 

1,530  00 

Mattapoisett, 

One    thousand    one    hundred    and 

twenty-five  dollars, 

1,125  00 

Middleborough, . 

Four  thousand  three  hundred  and 

twenty  dollars,        .... 

4,320  00 

No.  Bridgewater, 

Six  thousand  seven  hundred  seventy- 

two  dollars  and  fifty  cents,     . 

6,772  50 

Pembroke,  . 

One  thousand  one  hundred  ninety- 

two  dollars  and  fifty  cents,     . 

1,192  50 

Plymouth,  . 

Six  thousand  one  hundred  and  sixty- 

five  dollars, 

6,165  00 

Plympton,  . 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

896 


Plymouth 
county. 


Suffolk  county. 


Worcester 
county. 


1873.— Chapter  362. 

PLYMOUTH  COUNTY— Continued. 


Rochester,  . 

Nine  hundred  and  forty-five  dollars, 

$945  00 

Scituate, 

Two    thousand    forty-seven    dollars 

and  fifty  cents,        .... 

2,047  50 

South  Scituate,  . 

One  thousand  seven  hundred  and  ten 

dollars, 

1,710  00 

Wareham,  . 

Two  thousand  two  hundred  and  five 

dollars, 

2,205  00 

W .  Uriclgewater, 

One    thousand    five    hundred    and 

seven  dollars  and  fifty  cents, . 

1,507  50 

$60,457  50 

SUFFOLK    COUNTY, 


Boston, 

Eight    hundred    and    twenty-eight 
thousand  five  hundred  and  forty 

dollars,    ...... 

$828,640  00 

Chelsea, 

Nineteen  thousand   seven    hundred 

and  fifty-five  dollars, 

19,755  00 

Revere, 

One  thousand  five  hundred  ninety- 

seven  dollars  and  fifty  cents,  . 

1,597  50 

Winthrop,  . 

Seven  hundred  eighty-seven  dollars 

and  fifty  cents,        .... 

787  50 

$850,680  00 

WORCESTER    COUNTY 


Ashburnham, 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone, 

Bolton, 

Boylston,    . 

Brookfield, . 

Charlton,    . 


One  thousand  eight  hundred  twenty- 
two  dollars  and  fifty  cents,     . 

Three  thousand  six  hundred  sixty- 
seven  dollars  and  fifty  cents, . 

Nine  hundred  twenty-two  dollars 
and  fifty  cents,        .... 

Three  thousand  and  fifteen  dollars,  . 

Eight  hundred  thirty-tn^o  dollars  and 
fifty  cents, 

Three  thousand  nine  hundred  eighty- 
two  dollars  and  fifty  cents,     . 

One  thousand  and  twelve  dollars  and 
fifty  cents, 

Eight  hundred  seventy-seven  dollars 
and  fifty  cents,        .... 

Two  thousand  two  hundred  and  fifty 
dollars, 

One  thousand  eight  hundred  dollars. 


$1,822  50 

3,667  50 

922  50 
3,015  00 

832  60 
3,982  50 
1,012  50 

877  50 

2,250  00 
1,800  00 


1873.— Chapter  362. 


897 


WORCESTER  COUNTY— Continued. 

Worcester 
county. 

Clinton, 

Four    thousand    nine  hundred    and 

ninety-five  dollars. 

$4,995*00 

Dana, 

Five  hundred  sixty-two  dollars  and 

fifty  cents, 

562  50 

Douglas,     . 

One  thousand  eight  hundred  twenty- 

two  dollars  and  fifty  cents,     . 

1,822  50 

Dudley, 

One  thousand   eight  hundred  sixty- 

seven  dollars  and  fifty  cents,  . 

1,867  50 

Fitchburg,  . 

Seventeen    thousand    one    hundred 

and  forty-five  dollars. 

17,145  00 

Gardner,     . 

Three  thousand  one    hundred    sev- 

enty-two dollars  and  fifty  cents,     . 

3,172  50 

Grafton, 

Three      thousand     three      hundred 
ninety-seven     dollars     and    fifty 

cents 

3,397  50 

Hardwick,  . 

One    thousand    nine    hundred    and 

eighty  dollars,         .... 

1,980  00 

Harvard,     . 

One  thousand  six  hundred  and  sixty- 

five  dollars, 

1,665  00 

Holden, 

One  thousand  six  hundred  and  sixty- 

five  dollars, 

1,665  00 

Hubbardston, 

One  thousand  five  hundred  fifty-two 

dollars  and  fifty  cents,    . 

1,552  50 

Lancaster,  . 

Three  thousand    two  hundred  and 

forty  dollars, 

3,240  00 

Leicester,    . 

Three  thousand  three  hundred  and 

thirty  dollars, 

3,330  00 

Leominster, 

Four  thousand   nine    hundred    and 

five  dollars, 

4,905  00 

Lunenburg, 

One  thousand  two  hundred  and  sixty 

dollars 

1,260  00 

Mendon, 

One    thoisand    one    hundred    and 

niuetj'-two  dollars  and  fifty  cents, 

1,192  50 

Milford,       . 

Eight  thousand  eight  hundred  and 

sixty-five  dollars,   .... 

8,865  00 

Millbury,    . 

Tliree  thousand  five  hundred  and  ten 

dollars, 

3,510  00 

New  Braintree,  . 

Nine  hundred  dollars. 

900  00 

Northborough,    , 

Two  thousand  and  two  dollars  and 

fifty  cents, 

2,002  50 

Northbridge, 

Three  thousand  two  hundred  seven- 

teen dollars  and  fifty  cents,    . 

3,217  50 

North  Brookfield, 

Three   thousand  one  hundred   sev- 

enty-two dollars  and  fifty  cents,     . 

3,172  50 

Oakham,     . 

Six    hundred    ninety-seven    dollars 

and  fifty  cents,        .... 

697  50 

Oxford, 

Two  thousand  three  hundred  sixty- 

two  dollars  and  fifty  cents. 

2,362  50 

Paxton, 

Six  hundred  seven  dollars  and  fifty 

cents, 

607  50 

Petersham, 

One  thousand  two  hundred  and  sixty 

dollars, 

1,260  00 

898 


Worcester 
county. 


1873.— Chapter  862. 

WORCESTER  COUNTY— Concluded. 


Pkillipston, 
Princeton,  . 
Royalston,  . 
Rutland, 
Shrewsbury, 
Southborough,    . 
Southbridge, 
Spencer, 
Sterling,     . 
Sturbridge, 
Sutton, 
Templeton, 
Upton, 
Uxbridge,  . 
Warren, 
Webster,     . 
Westborough,     , 
West  Boylston,  . 
West  Brookfield. 
Westminster, 
Winchendon, 

Worcester, . 


and 
and 


and 


Five  hundred  sixty-two  dollars  and 
fifty  cents, 

One  thousand  four  hundred  and 
eighty-five  dollars,  ... 

One  thousand  four  hundred  seven- 
teen dollars  and  fifty  cents,     . 

Nine  hundred  twentj'-two  dollars 
and  fifty  cents,        .... 

One  thousand  eight  hundred  twenty- 
two  dollars  and  fifty  cents,     . 

Two  thousand  two  liundred  twenty- 
seven  dollars  and  fifty  cents, . 

Four  thousand  one  hundred  sixty- 
two  dollars  and  fifty  cents,    . 

Three    thousand    six    hundred 
ninety  dollars. 

One    thousand    nine    hundred 
eighty  dollars, 

One  thousand   seven   hundred 
fifty-five  dollars,     .... 

Two  thousand  one  hundred  and  fif- 
teen dollars, 

Two  thousand  two  hundred  and  five 
dollars, 

One  thousand  five  hiindred  ninety- 
seven  dollars  and  fifty  cents, . 

Three  thousand  and  fifteen  dollars,  . 

Two  thousand,  five  hundred  and 
sixty-five  dollars,    .... 

Three  thousand  nine  hundred  eighty- 
two  dollars  and  fifty  cents,     . 

Three  thousand  four  hundred  forty- 
two  dollars  and  fifty  cents. 

Two  thousand  and  two  dollars  and 
fifty  cents, 

One  thousand  five  hundred  seven 
dollars  and  fifty  cents,    . 

One  thousand  five  hundred  ninety- 
seven  dollars  and  fifty  cents, . 

Three  thousand  three  hundred 
ninety-seven  dollars  and  fifty 
cents,       ...... 

Fifty-seven  thousand  three  hundred 
ninety-seven  dollars  and  fifty 
cents, 


$562  50 

1,485  00 

1,417  50 

922  50 

1,822  50 

2,227  50 

4,162  50 

3,690  00 

1,980  00 

1,755  00 

2,115  00 

2,205  00 

1,597  50 
3,015  00 

2,565  00 

3,982  50 

3,442  50 

■  2,002  50 

1,507  50 

1,597  50 

3,397  50 

57,397  50 

f205,380  00 

1873.— Chapter  362. 


899 


RECAPITULATION. 


Recapitulation 
by  counties. 


Barnstable  Co., 
Berkshire  Co., 
Bristol  County, 

Dukes  County, 
Essex  County, 

Franklin  County, 
Hampden  Co.,  . 
Hampshire  Co.,  . 

Middlesex  Co.,   . 

Kantucket  Co.,  . 
Norfolk  County, . 

Plymouth  Co,,  . 
Suflfblk  County,  . 
Worcester  Co.,   . 


Twenty-eight  thousand  two  hundred 
and  fifteen  dollars. 

Sixty-five  thousand  seven  hundred 
and  ninety  dollars, 

One  hundred  and  thirty-four  thou- 
sand one  hundred  and  ninety  dol- 
lars,          

Four  thousand  one  hundred  and 
forty  dollars, 

Two  hundred  twenty-nine  thousand 
two  hundred  and  seventy-five  dol- 
lars,          

Twenty-eight  thousand  eight  hun- 
dred dollars, 

Ninet}'-two  thousand  forty-seven  dol- 
lars and  fifty  cents, 

Forty-six  thousand  three  hundred 
twenty-seven  dollars  and  fifty 
cents,       ...... 

Three  hundred  sixty-eight  thousand 
six  hundred  seventeen  dollars  and 
fifty  cents, 

Three  thousand  eight  hundred  forty- 
seven  dollars  and  fifty  cents, . 

One  hundred  thirty-two  thousand 
two  hundred  thirty-two  dollars 
and  fifty  cents,        .         .        .        . 

Sixty  thousand  four  hundred  fifty- 
seven  dollars  and  fifty  cents, 

Eight  hundred  fifty  thousand  six 
hundred  and  eighty  dollars,  . 

Two  hundred  five  thousand  three 
hundred  and  eighty  dollars,  . 


$28,215  00 
65,790  00 

134,190  00 
4,140  00 

229,275  00 
28,800  00 
92,047  50 

46,327  50 

368,617  50 
3,847  50 

132,232  50 

60,457  50 

850,680  00 

205,380  00 


$2,250,000  00 


Section  2.  The  treasurer  of  the  Commouwealth  shall  ^reasurer  of^  ^ 
forthwith  seud  his  warrant,  with  a  copy  of  this  act,  directed  to  issue  warrant. 
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   re 
quire  the  said  selectmen  or  assessors  to   pay 
their  several  warrant  or  warrants  requiring  the  treasurers  cuy 
of  their  several  cities  or  towns  to  pay  to  the  treasurer  of  treasurers 

54 


To  require 
.       .  selectmen  or 

or  to  issue  assessors  to 

issue  warrant  to 
or  town 


900  1873.— Chapter  363. 

the  Commonwealth,  on  or  before  the  first  day  of  December, 
in  the  y.ear  one  thousand  eight  hundred  and  seventy- 
three,  the  sums  set  against  said  cities  or  towns  in  the 
schedule  aforesaid ;  and  the  selectmen  or  assessors, 
respectively,  shall  return  a  certificate  of  the  names  of 
such  treasurers,  with  the  sum  which  each  may  be  required 
to  collect,  to  the  treasurer  of  the  Commonwealth  at  some 
time  before  the  first  day  of  October  next. 
commo'nweluh  SECTION  4.  If  the  auiouut  duc  from  any  city  or  town, 
to  notify  deiin-  as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the 
town  treasurer.  Commonwcaltli  witliiu  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  information  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  warrant  of  distress  may  issue  against 
such  city  or  town,  to  enforce  the  payment  of  said  taxes, 
under  such  penalties  as  said  court,  or  the  justice  thereof 
before  whom  the  hearing  is  had,  shall  order. 

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

Approved  June  11,  1873. 

Gil       363     ^^  ^^^  ^^  PROVIDE    A    CLEKK   FOR  THE    MUNICIPAL   COURT    OF    THE 
*  '  DORCHESTER  DISTRICT  OF   THE  CITY  OF  BOSTON. 

Be  it  enacted^  &c.,  as  folloivs : 
^ointed  to  h^id      Section  1.     The  governor,  with  the  advice  and  con- 
office  untu  next  sent  of  the  council,  shall  nominate  and  appoint  a  clerk  of 
of^cVrks.*^"*''^'^  the  municipal  court  of  the  Dorchester  district  of  the  city 
of  Boston,  who  shall  hold  his  oflice  until  the  next  regular 
election   of  clerks  of  the  municipal,  district   and   police 
courts  of  the  Commonwealth,  unless  sooner  removed  by 
the  governor  and  council. 
To^peJ-fojm  SECTION  2.     Said   clerk   shall   perform   all  the  duties 

scribed  by  G.  8.  now  prescribed  by  the  General  Statutes  for  clerks  of  police 

for  clerks  of  •    .  /»  • 

police  courts,  couits  ;  and  all  the  provisions  of  law  now  applicable  to 
clerks  of  police  courts  shall  apply  to  said  clerk. 

Salary  of  $800.  SECTION  3.  Said  clcrk  shall  receive  an  annual  salary 
of  eight  hundred  dollars,  to  be  paid  from  the  treasury  of 
the  Commonwealth. 


1873.— Chapters  364,  365,  366.  901 

Section  4.     This  act  shall  take  eiFect  so  far  as  the  ap-  '^^l^^^'^^ 
poiutmeut,  commissioning  and  qualifjdng  of  said  clerk  are 
concerned,  upon  its  passage,  and  it  shall  take  full  effect 
on  the  first  day  of  July,  in  the  year  eighteen  hundred  and 
seventy-three.  Approved  June  11, 1873. 

An  Act  in  addition  to  an  act  m  relation  to  the  smelt  fishery,  rij,      o£?j 
Be  it  enacted,  &c.,  as  follows : 

Section  1 .     ^Vhoever  takes  any  smelts  with  a  net  of  smeits  not  to  be 
any  kind  or  in  any  other  manner  than  l3y  naturally  or  arti-  by  balted'^hooks 
ficially  baited  hooks  and  hand  lines  shall  forfeit  for  each  ^'^i  hand  lines. 
smelt  so  taken,  the  sum  of  twenty-five  cents  :  jyrovided,  that  Provigo. 
nothing  herein  contained  shall  apply  to  any  person  catch- 
ing smelts  in  any  seine  or  net  in  Taunton  Great  Eiver  or 
Dukes  County  during  the  time  and  in  the  manner  a  person 
may  lawfully  fish  for  herrings  or  ale  wives,  or  to  any  person 
lawfully  fishing  for  perch  or  alewives  in  Bass  River  or  its 
tributaries  in  the  towns  of  Yarmouth  and  Dennis,  or  to 
any  person  lawfully  fishing  for  perch,  herring  or  alewives 
in  North  River  in  Scituate,  or  in  either  branch  of  West- 
port  River. 

Section  2.     Section  one  of  chapter  two  hundred  and  Repeal  of  ms, 
eleven  of  the  acts  of  the  year  eighteen  hundred  and  seven- 
ty-three is  repealed.  Aiiproved  June  11, 1873. 

An  Act  to  authorize  the  appointment  of  two  additional  mas-  /^x      ^fiK 

TERS  in  chancery  for  SUFFOLK  COUNTY.  ^"'*      ^^^^ 

Be  it  enacted,  &c.,  asfolloios : 

Section  1.     The  governor,  by  and  with  the  advice  and  two  additional 

.       ^   ,  1  M      •  ii        •        1    J  •    1    /  -IT     masters  in  chan- 

consent  oi  the  council,  is  authorized  to  appoint  two  addi-  eery  may  be 
tional   masters   in    chancery,    in  and  for   the    county  of  suffX^co^ty. 
Suffolk,  and  hereafter  the  number  of  masters  in  chancery 
for  said  county  of  Suffolk  shall  be  nine. 

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

Approved  June  11, 1873. 


Ch.   366. 


An  Act  to  authorize  a  change  in  the  harbor  lines  in  Glou- 
cester harbor. 
Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     The   board    of  harbor   commissioners   is  Harboriines 
hereby  authorized,  with  the  approval  of  the  governor  and  Harbor  may  be 
council,  to  change  the  harbor  line  in  Gloucester  harbor,  changedbycom- 
between   the    easterly    corner    of    the   wharf  of    Brown 
Brothers   and  the   south-westerly   corner  of  the  westerly 
wharf  of  John  Pew,  if  after  investigation  it  shall  be  found 
expedient,  and  to  authorize  the  extension  of  wharves  and 


miBsioners. 


902  1873.— Chapters  367,  368,  369. 

other  structures  to  such  new  harbor  line  established  in 
said  locality  under  this  act,  any  existing  law  to  the  con- 
Provisos.  trary  notwithstanding :  provided,  such  new  line  shall  be 

established  as  herein  authorized,  within  one  year  after  the 
passage  of  this  act;  Siwd. provided, further,  that  said  new 
line  shall  at  no  point  be  more  than  ten  feet  beyond  the  ex- 
isting harbor  line. 

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

Approved  June  11,  1873. 

nii      QAT'    ^N  Act  for  the  better  protection  of  neglected  and  destitute 

^""      ^^^-  CHILDREN. 

Be  it  enacted,  &c.,  as  follows: 
Guardian  may        SECTION  1.     The  statutcs  relating  to  the  appointment 
and  have  cub-     of  guardiaus  to  miuors  are  so  amended  as  to  authorize  the 
whlnlarmu^'  appointment  of  a  guardian  who  shall  have  the  custody  of 
are  unfit.  any  miuor  child,  whose  parents  or  surviving  parent  the 

probate  court,  upon  a  hearing,  after  such  notice  to  the 

parents  or  surviving  parent  as  the  court  may  direct,  shall 

find  to  be  unfit  to  have  such  custody. 

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

Approved  June  11,  1873. 

/-Y7         ^fiS     -^  -^CT  TO  AMEND  THE   SEVERAL   ACTS    OF    THE    PRESENT    YEAR   FOR 
KyfL.      OyXD,        ^jjg    ANNEXATION    OF   WEST   ROXBURY,  BROOKLINE  AND   BRIGHTON 
TO  THE  CITY  OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows : 
tmi'^i^X^  ^  Section  1.  Section  six  of  chapter  two  hundred  and 
1873;  303!  §  e!  ninety,  section  six  of  chapter  three  hundred  and  three,  and 
section  SIX  of  chapter  three  hundred  and  fourteen  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-three,  are 
amended  by  striking  from  each  of  said  sections,  the  words 
"  second  Monday  of  December,"  and  inserting  in  place 
thereof  the  words  "second  Tuesday  of  December." 

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

A])proved  June  11, 1873. 

Ch      QAO    An  Act  to  incorporate  the  springfield  banking  and  trust 
0/^.    DOJ.  company. 

Be  it  enacted,  &c.,  as  follows: 
Corporators.  Section  1.     Hcury    Alexander,    junior,    Charles    O. 

Chapin,  Smith  R.  Phillips,  Samuel  B.   Spooner,   Samuel 

Palmer,  their  associates  and  successors,  are  made  a 
Name  and  pur-  corporatiou  by  the  name  of  the  Springfield  Banking  and 
pose.  Trust   Company,    to   be    located   at    Springfield   for   the 

purpose  of  receiving   on   deposit,  storage  or  otherwise, 


1873,  314,  §  6. 


1873.— Chapter  369.  903 

money  in  sums  of  one  hundred  dollars  and  upwards, 
government  securities,  stocks,  bonds,  coin,  jewelry,  plate, 
valuable  papers  and  documents,  evidences  of  debt  and 
other  property  of  every  kind,  and  of  collecting  and  dis- 
bursing the  interest  or  income  upon  such  of  said  property 
received  on  deposit  as  produces  interest  or  income,  and 
of  collecting  and  disbursing  the  principal  of  such  of  said 
property  as  produces  interest  or  income,  when  it  becomes 
due,  upon  terms  to  be  prescribed  by  the  corporation ;  and 
for  the  puipose  of  advancing  money  or  credits  on  real 
and  personal  security,  on  terms  that  may  be  agreed  upon  ; 
and  all  the  powers  and  privileges  necessary  for  the  execu-  Powers  and 
tion  of  this  purpose  are  granted,  subject,  nevertheless,  to 
the  duties,  resti'ictions  and  liabilities  set  forth  in  the 
sixty-eighth  chapter  of  the  General  Statutes,  and  in  all  the 
general  laws  which  now  are  or  hereafter  may  be  in  force 
relating  to  such  corporations. 

Section  2.     Such  corporation  shall  at  all  times  have  on  to  have  on  hand 
hand,  as  a  reserve,  in  lawful  money  of  the  United  States,  reBMve"efte^  * 
an  amount  equal  to  at  least  fifteen   per   centum   of  the  P^oSnt  of°d€ 
aggregate  amount  of  all  its  deposits  which  are  subject  to  posits,  subject 
withdrawal  upon  demand,  or  within  ten  days  ;  and  when-  ondlmand. 
ever  said  reserve  of  such  corporation  shall  be  below  such 
per   centum   of   such   deposits   it   shall   not   increase  its 
liabilities,  by  making  any  new  loans,  until  the  required 
proportion  between  the  aggregate  amount  of  such  deposits 
and  its  reserve  shall  be  restored ;  provided,  that  in  lieu  of  i''o^>«o- 
lawful  money,  one-third  of  said  fifteen  per  centum  may 
consist  of  balances,  payable  on  demand,  due  from  any 
national   bank    doing    business   in   this    Commonwealth, 
approved  by  the  commissioner  of  savings  banks,  and  one 
other  third  of    said  fifteen  per  centum  may  consist   of 
bonds  of  the  United  States  or  of  this  Commonwealth,  the 
absolute  property  of  such  corporation. 

Section  3.  Any  court  of  law  or  of  equity,  including  Any  court  may 
courts  of  probate  and  insolvency  of  this  state,  may  by  moneyfunder 
decree  or  otherwise  direct  any  moneys  or  properties  under  "^l  depos'iw''^ 
its  control,  or  that  may  be  paid  into  court  bv  parties  to  with  this  cor. 

1  1  T  1-1  1         -11.  poration. 

any  legal  proceedings,  or  which  may  be  brought  into 
court  by  reason  of  any  order  or  judgment  in  equity  or 
otherwise,  to  be  deposited  with  said  corporation,  upon 
such  terms  and  subject  to  such  instructions  as  may 
be  deemed  expedient :  provided,  however,  that  said  cor-  Proviso. 
poration  shall  not  be  required  to  assume  or  execute  any 


904  1873.— Chaptek  369. 

trust  without  its  own  assent.  Said  corporation  shall  also 
have  power  to  receive  and  hold  moneys  or  property  in 
trust,  or  on  deposit,  from  executors,  administrators, 
assignees,  guardians  and  trustees,  upon  such  terms  or 
inveatments.  couditious  as  may  be  obtained  or  agreed  upon  :  provided^ 
also,  that  all  such  moneys  or  properties  received  under 
the  provisions  of  this  section,  shall  be  loaned  on  or 
invested  only  in  the  authorized  loans  of  the  United  States, 
or  of  any  of  the  New  England  states  or  cities,  or  counties, 
or  towns  of  this  state,  or  stocks  of  state  or  national 
banks,  organized  within  this  Commonwealth,  or  in  the 
first  mortgage  bonds  of  any  railroad  company  incorporated 
by  any  of  the  New  England  states,  which  has  earned  and 
paid  regular  dividends  on  its  stocks,  for  two  years  next 
preceding  such  loan  or  investment,  or  in  the  bonds  of  any 
such  railroad  company  unencumbered  by  mortgage  or  in 
first  mortgages  on  real  estate  in  this  Commonwealth  or  in 
any  securities  in  which  savings  banks  are  allowed  to  invest, 
or  upon  the  notes  with  two  sureties  of  manufacturing 
corporations  created  under  the  laws  of  this  state,  or  of 
individuals  with  a  sufficient  pledge  as  collateral  of  any  of 
the  aforesaid  securities  (but  all  real  estate,  acquired  by 
foreclosure  of  mortgages,  or  by  levy  of  execution,  shall 
be  sold  at  public  auction  within  two  years  after  such  fore- 
closure, or  levy)  :  provided,  also,  that  all  such  money  or 
property  received,  invested  or  loaned  under  this  section 
shall  be  a  special  deposit  in  said  corporation,  and  the 
accounts  thereof  shall  be  kept  separate,  and  such  funds 
and  the  investment  or  loans  of  them  shall  be  specially 
appropriated  to  the  security  and  payment  of  such  deposits, 
and  not  be  subject  to  the  other  liabilities  of  the  corpora- 
tion ;  and  for  the  pui*pose  of  securing  the  observance  of 
this  proviso,  said  corporation  shall  have  a  trust  depart- 
ment, in  which  all  business  authorized  by  this  section  shall 
be  kept  separate  and  distinct  from  its  general  business. 
Liabilities  of  SECTION  4.     The  total  liabilities  to  this  corporation  of 

other  than        any  pcrsou,  firm  or  corporation,  other  than  cities  or  towus, 

towns  not  to  ex-    r>  i  i        •       i      t  •        ai         t    t,'iv  i?     „ 

ceed  one-fifth     lor   mouey  borrowed,    mcludmg   in   the   liabilities    or    a 

^p^itei.^^"^       company  or  firm  the   liabilities  of   its  several  members 

shall,  at  no  time,  exceed  one-fifth  part  of  such  amount  of 

the  capital  stock  of  this  corporation  as  is  actually  paid  up 

To  make  semi-        SECTION  5.     Said  corporatioii  shall  semi-aiinually  make 

annual  returns  .  ^   ,  .  i        i         •        j.i  • 

to  commissioner  a  rctum  to  the  commissioucr  01    savings  banks  in  this 
o^vings         Commonwealth  on  or  before  the  second  Mondays  of  May 


1873.— Chapter  369.  905 

and  November,  aud  at  two  other  times  during  the  year, 
when  said  commissioner  shall  from  time  to  time  by  written 
notice  direct  the  same  to  be  made,  which  shall  be  signed 
and  sworn  to  by  a  majority  of  its  board  of  directors  ;  and 
said  return  shall  specify  the  following,  namely :  capital 
stock ;  amount  of  all  moneys  and  property  in  detail,  in 
the  possession  or  charge  of  said  company  as  deposits, 
amount  of  deposits  paj'able  on  demand  or  within  ten 
days,  trust  funds  or  for  purposes  of  investment;  number 
of  depositors ;  investments  in  authorized  loans  of  the 
United  States  or  any  of  the  New  England  states  or  cities 
or  counties,  or  towns,  stating  amount  in  each;  invest- 
ments in  bank  stock,  stating  amount  in  each ;  investments 
in  railroad  stock,  stating  amount  in  each ;  investments  in 
raih'oad  bonds,  stating  amount  in  each ;  loans  on  notes  of 
coiporations,  stating  amount  in  each ;  loans  on  notes  of 
individuals ;  loans  on  mortgage  of  real  estate ;  cash  on 
hand,  all  as  existing  at  the  date  of  making  of  such  re- 
turn ;  with  the  rate,  amount  and  date  of  di^ddends  since 
last  return.     The  commissioner  of   savings   banks  shall  commiesioner 

1  J.J.I  Till  T  I'  ji  to  have  access 

nave  access  to  the  vaults,  books  and  papers  oi  the  com-  to  books  and 
pany,  and  it  shall  be  his  duty  to  inspect,  examine  and  paEy!^  °^ '^°™' 
inquire  into  its  affairs,  and  to  take  proceedings  in  regard 
to  them  in  the  same  manner  and  to  the  same  extent  as  if 
this  corporation  were  a  savings  bank  subject  to  all  the 
general  laws  which  now  are  or  hereafter  may  be  in  force, 
relating  to  such  institutions  in  this  regard.  Abstracts  of 
such  returns,  showing  the  resources  and  liabilities  of  said 
corporation,  in  a  form  to  be  approved  by  said  commis- 
sioner, shall  be  published  in  a  newsj^aper  in  the  city  of 
Springfield  at  the  expense  of  such  corporation. 

Section  6.     Said  corporation  shall  be  subject  to  the  subject  to  pro- 
provisions  of  chapter  two  hundred  and  eighty-three  of  the  wT""^  °^  ^^^^' 
acts  of  the  year  eighteen  hundred  and  sixty-five,  and  any 
acts  now  existing,  or  which  may  hereafter  be  passed  in 
amendment  or  lieu  thereof. 

Section  7.     Said    corporation     shall    also     annually,  to  make  annual 
between  the  first  and  tenth  days  of  May,  return  to  the  cSssio^r 
tax  commissioner  a  true  statement,  attested  by  the  oath  °^  p*''!'"'?,^^ 

n  rn  n    1  '  property  neia 

ot  some  onicer  oi  the  corporation,  of  all  personal  propertj^^  intrust. 
held  upon  any  trust  on  the  first  day  of  Ma}^  which  would 
be  taxable   if  held  by  an  individual  trustee,  residing  in 
this  Commonwealth,  and  the  name  of  every  city  or  town 
in  this  Commonwealth  where  any  beneficiary  resided  on 


906 


1873.— Chapter  369. 


To  pay  a  tax 
iiito  State 
treasury. 


To  make  an- 
nual return  of 
amount  deposit- 
ed on  interest 
or  for  invest- 
ment. 


No  taxes  to  be 
assessed  in  any 
town  on  prop- 
erty held  in 
trust  or  deposit- 
ed on  interest 
or  for  invest- 
ment. 


said  day,  and  the  aggregate  amount  of  such  property  then 
held  for  all  beneficiaries  resident  in  each  of  such  cities 
and  towns,  and  also  the  aggregate  amount  held  for  bene- 
ficiaries not  resident  in  this  Commonwealth,  under  the 
pains  and  penalties  provided  in  section  fourteen  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  and  acts  in  amend- 
ment thereof,  for  corporations  failing  to  make  the  returns 
provided  by  said  act.  Said  corporation  shall  annually  pa}'^ 
to  the  treasurer  of  the  Commonwealth  a  sum  to  be 
ascertained  by  assessment  by  the  tax  commissioner,  upon 
an  amount  equal  to  the  total  value  of  such  property,  at 
the  rate  ascertained  and  determined  by  him,  under  section 
five  of  chapter  two  hundred  and  eighty-three  of  the  acts 
of  the  year  eighteen  hundred  and  sixtj^-five,  and  acts  in 
amendment  thereof. 

Section  8.  Said  corporation  shall  also  annually, 
between  the  first  and  tenth  days  of  May,  return  to  the 
tax  commissioner  a  true  statement,  verified  by  the  oath  of 
some  officer  of  the  corporation,  of  the  amount  of  all  sums 
deposited  with  it  on  interest  or  for  investment,  other  than 
those  specified  in  the  seventh  and  tenth  sections  of  this 
act,  together  with  the  name  of  every  city  and  town  in  this 
Commonwealth  where  any  beneficial  owner  resided  on 
said  first  day  of  May,  and  the  aggregate  amount  of  such 
deposits  then  held  for  the  benefit  of  persons  residing  in 
each  of  such  cities  and  towns  under  a  like  penalty.  Said 
corporation  shall  annually  pay  to  the  treasurer  of  the 
Commonwealth  a  sum  to  be  ascertained  hy  assessment  b}' 
the  tax  commissioner  upon  an  amount  equal  to  the  total 
value  of  such  deposits  at  three-fourths  the  rate  ascertained 
and  determined  by  him,  under  section  five  of  chapter  two 
hundred  and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five,  and  acts  in  amendment  thereof. 

Section  9.  No  taxes  shall  be  assessed  in  any  city  or 
town  for  state,  county  or  town  purposes,  upon  or  in 
respect  of  any  such  property  held  in  trust  or  any  such 
amounts  deposited  on  interest,  or  for  investment,  but  such 
proportion  of  the  sum  so  ptiid  by  said  corporation  as 
corresponds  to  the  amount  of  such  property  held  for 
beneficiaries  or  payable  to  persons  resident  in  this  Com- 
monwealth, shall  be  credited  and  paid  to  the  several  cities 
and  towns  where  it  appears  from  the  returns  or  other 
evidence  that  such  beneficiaries  resided  on  the  first  day  of 


1873.— Chapter  369.  907 

May  next  preceding,  according  to  the  aggregate  amount  so 
held  for  beneficiaries  and  persons  residing  in  such  cities 
and  towns  respectively  ;  and  in  regard  to  such  sums  so  to 
be  assessed  and  paid  as  aforesaid,  said  corporation  shall  be 
subject  to  sections  eleven,  twelve,  thirteen,  the  last 
paragraph  of  section  fi.fteen  and  section  seventeen  of 
chapter  two  hundred  and  eighty-three  of  the  acts  of  the 
year  eighteen  hundred  and  sixty-five,  and  acts  in  amend- 
ment or  lieu  thereof,  so  far  as  the  same  are  applicable 
thereto. 

Sectiox  10.     Deposits  with  said  corporation  which  can  Deposits  with. 
be   withdrawn    on   demand,  shall,   for  purposes  of  taxa-  de^nd, deemed 
tion  be    deemed  money  in  possession  of  the   person   to  payee! '^*"°°  °^ 
whom  the  same  is  payable. 

Section  11.     The  said  corporation  is  also  authorized  May  act  as 

.  ,  .    c         .^  ^      t.   .  .  '    ^       •  agent  for  issuing 

to  act  as  agent  tor  the  purpose  ot  issuing,  registering,  or  tonds  for  any 
countersigning  the  certificates  of  stock,  Ijonds  or  other  '^°^°^°'  °°' 
evidence  of  indebtedness  of  any  corporation,  association, 
municipality,  state  or  public  authority,  on  such  terms  as 
may  be  agreed  upon. 

Section  12.  The  capital  stock  of  said  corporation  capital  stock. 
shall  be  one  hundred  thousand  dollars,  with  the  privilege 
to  increase  the  same  from  time  to  time  to  not  exceeding 
five  hundred  thousand  dollars,  and  the  same  shall  be  paid 
for  at  such  time  and  in  such  manner  as  the  board  of 
directors  shall  decide :  provided,  that  no  business  shall  be  ProTiso. 
transacted  by  the  corporation  until  the  whole  amount  is 
subscribed  for  and  actually  paid  in,  and  no  shares  shall  be 
issued  until  the  par  value  of  such  shares  shall  have  been 
actually  paid  in  in  cash. 

Section  13.     Said   corporation    shall    be   entitled    to  Real  estate. 
purchase  and  hold  for  its  own  use,  real  estate  not  exceed- 
ing in  value  twenty-five  thousand  dollars. 

Section  14.     The    shareholders    of    said    corporation  stockholders  to 
shall  be  held  individually  liable,  equally  and  ratably  and  vfduauy  ulbie 
not  one  for  another,  for  all  contracts,  debts  and  enofaofe-  for  debts  of  cor. 
ments  of  such  association,  to  the  extent  of  the  amount  of 
their  stock  therein  at  the  par  value  thereof,  in  addition  to 
the    amount   invested   in   such    shares.     The    provisions 
contained  in  chapter  two  hundred  and  twenty-four  of  the 
acts  of  the  year  eighteen  hundred  and  seventy,  sections 
forty  to  forty-nine  inclusive,  shall  apply  to  and  regulate 
the  enforcement  of  this  liability. 

Section  15.     This  act  shall  take  efiect  upon  its  passage. 

Approved  Junie  11,  1873. 
55 


poration. 


Penalty  for  pro-      SECTION  1.     WhoGver   falselj   pei'sonates    another    or 
testimony  to  be  Wilfully  aiicl  fraudulently  procures  any  person  to  personate 


908  1873.— Chapters  370,  371. 

Ch.      370.   ^^    ^^"^    '^^    AUTHORIZE    LEONARD    BRIGHTJIAN     TO     CONSTRUCT     A 

WHARF  m  FALL  RIVER. 

Be  it  enacted,  &c.,  asfolloivs :    . 

^wharf  inFau       Section  1.     Liceuse  is  granted  to  Leonard  Brightman 

^*^^*"-  to  construct  a  wharf  on  his  land  in  Fall  Kiver,  subject  to 

the  provisions  of  chapter  four  hundred  and  thirty-two  of 

the  acts  of  the  year  eighteen  hundred  and  sixty-nine. 

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

Apjjroved  Ju7ie  11,  lS]o. 

C7l.      371.   -^    ^^^    '^'^    PREVENT    FRAUDS    IN    PROCURING     DIVORCE,    AND     TO 
AMEND   THE  LAW  IN   RELATION   THERETO. 

Be  it  enacted,  &c.,  asfolloivs  . 

filt for  diVorc*.  another,  or  fraudulently  procures  any  false  testimony  to 
be  given,  or  makes  a  false  or  fraudulent  return  of  service 
of  process  in  any  suit  for  divorce,  or  any  proceeding 
connected  therewith,  shall  be  punished  by  a  fine  not 
exceeding  one  thousand  dollars,  or  by  imprisonment  in 
jail  not  exceeding  two  years. 
Decree  of  SECTION  2.     No  decrcc  of  divorcc  nisi,  except  as  pro- 

to^brente?ld°  vldcd  in  chapter  two  hundred  and  twenty-two  of  the  acts 
^^ierini867t  of  eighteen  hundred  and  sixty-seven,  shall  hereafter  be 
222-  entered,    but   an   absolute    divorce   from    the    bonds    of 

matrimony  may  be  granted   for  any  cause  for  which   a 
Proviso.  divorce   nisi   may  now   be   granted :   provided,    that   no 

divorce  shall  be  granted  for  desertion  unless  the  desertion 
has  continued  for  at  least  three  consecutive  years  next 
prior  to  the  filing  of  the  libel  for  divorce. 
Divorce  from  SECTION  3.     Ou    petition    of    any   party   to   whom  a 

mony  ou  pcti-  divoTcc  uisi  or  a  divorce  from  bed  and  board  has  been 
whpm  (fivorce''  dccrccd,  a  divorcc  from  the  bonds  of  matrimony  may  be 
blln  decreed,  dccrccd,  with  such  tci'ms  respecting  alimony  and  custody 
Proviso.  of  children  as  to  the  court  seem  just :  provided,  that  in 

all  cases  where  a  divorce  nisi  or  a  divorce  from  bed  and 
board  has  been  granted  on  the  ground  of  desertion,  a 
divorce  from  the  bonds  of  matrimony  shall  not  be  granted 
until  the  parties  have  lived  separately  at  least  three  con- 
secutive years  next  prior  to  the  date  of  the  decree  of 
divorce  from  the  bonds  of  matrimony, 
s.  J.  c.  may  SECTION  4.     In   all    cascs  where  a   divorce   from   the 

verse  party  bouds  of  matriuiouy  has  been  or  may  hereafter  be  granted, 
bon°d8of  mXi.  the  justices  of  the  supreme  judicial  court,  upon  petition 
f  a"n  *°  "''"''^^    fil^^  ^y  *^^  P^i'ty  against  whom  the  divorce  was  granted 


1873.— Chaptees  372,  373.  909 

and  iipon  such  notice  as  the  court  may  order,  may  author- 
ize such  party  to  marry  again. 

Section  5.  Sections  three  and  five  of  chapter  four  Repeal, 
hundred  and  four  of  the  acts  of  the  year  eighteen  hundred 
and  seventy,  are  hereby  repealed,  but  nothing  herein 
contained  shall  be  construed  to  revive  sections  nine,  ten  or 
thirty-eight  of  chapter  one  hundred  and  seven  of  the 
General  Statutes. 

.Section  6.     Section  two  of  chapter  four  hundred  and  f^o^'mT^!'' 
four   of   the   acts   of  eighteen   hundred   and    seventy  is 
amended   by  striking   out  the   words   "contracted    after 
marriage." 

Section  7.     When  a  divorce  is  decreed  for  any  cause,  y^^^^^il"^^^ 
the  court  2frantinff  it  may  decree  alimony  to  the  wife,  or  any  cause,  court 

<^  o  *'  iii'ii  J.  r  ™ay  decree  ali- 

any  part  of  her  estate  to  her  husband  in  tne  nature  oi  mony,  and  also 
alimony,  and  the  court  shall  have  full  powej."  to  make  all  of  rnkTo^ciiiu' 
such  decrees  in  relation  to  the  care,  custody  and  support  ^^'''''■ 
of  the   minor   child   or   children   of    the   parties    during 
minority,  as  to  the  court  shall  seem  fit  and  proper  and  for 
the  best  interest  of  such  child  or  children. 

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

Approved  June  11,  1873. 

Ak  Act  establishing  the  salaries  of  certain  officers.  QJi^    372. 

Be  enacted,  &c.,  as  follows  : 

Section  1.     The  salary  of  the  private  secretary  of  the  Private  secre- 
governor  shall  be  twenty-five  hundred  dollars  per  annum,  crnor"^  *^^  ^'^^' 

Section  2.     The  salary  of  the  assistant  messenger  to  Assistant  mes- 
the  governor  and  council   shall  be  one  thousand  dollars  ^^'^^"- 
per  annum. 

Section  3.     The  salary  of  the  assistant  clerk  of  the  Assistant  cierk, 
senate  shall  be  nine  hundred  dollars. 

Section  4.     The  salary  of  the  assistant  clerk  of  the  Assistant  cierk, 
house  of  representatives  shall  be  nine  hundred  dollars.         resentatives. 

Section  5,     The  foregoing  salaries  shall  be  paid  from  salaries  to  be 
the  first  day  of  January  in  the  year  eighteen  hundred  and  i.'^isTS."'" 
seventj'-three. 

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

Ap>2}roved  June  12,  1873. 

An  Act  to  establish  the  salaries  of  the  watchmen  of  the  qj^     ofro 

STATE  house. 

Be  enacted,  &c.,  as  follows : 

Section  1.     The  watchmen  of  the  state   house    shall  salaries  of 
each  receive  a  salary  of  fifteen  hundred  dollars  per  annum,  state  house. 


in  Boston. 


910  1873.— Chapters  374,  375,  376. 

and  the  assistant  watchman  shall  receive  a  salary  of  twelve 
hundred  dollars  per  anmim ;  provided,  that  the  watchmen, 
in  addition  to  their  present  duties,  shall  perform  the 
duties  of  messengers  to  the  treasurer,  auditor  and  insur- 
ance commissioner. 
jaViSf'"""  Section  2.  The  above  salaries  shall  be  paid  from  the 
first  day  of  January,  one  thousand  eight  hundred  and 
seventy-three. 

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

AjJj^roved  June  12,  1873. 

Ch.      374.   -^'^  ^^^  ^  ADDITION  TO  AN  ACT  RELATING  TO  THE  FIRE  DEPARTMENT 

OF  THE  CITY  OF  BOSTON. 

Be  e?iactecl,  &c.,  as  follows  : 
Fire  department      SECTION  1.     The  officcrs  aiid  men  of  the  fire  depart- 
way^n*^s"feet8°    mcut  of  the  city  of  Bostou,  with  the  engines  and  apparatus 
thereof,  shall  have  the  right  of  way,  while  going  to  a  fire 
upon  any  alarm  thereof,  through  any  street,  lane  or  alley 
in  the  said  city,  subject  to  such  rules  and  regulations  as 
the    city  council   may  prescribe.     Whoever   wilfully  and 
maliciously  obstructs  or  retards  the  passage  of  such  engines 
and  apparatus  while  so  going  to  a  fire  as  aforesaid,  shall 
be  punished  by  imprisonment  in  the  jail  not  exceeding 
three  months,  or  by  fine  not  exceeding  fifty  dollars. 
Amendment  to        SECTION  2.     The  first  scctioii  of  chapter  two  hundred 
'     '     ■      and  sixty-two  of  the  acts  of  the  year  eighteen  hundred  and 
fifty  is  hereby  amended  by  adding  at  the  end  of  the  pro- 
viso thereto,  the  words  "  unless  the  said  city  council  shall, 
by  ordinance,  otherwise  provide  for  their  appointment." 
Section  3.     This  act  shall  take  efi*ect  upon  its  passage. 

Approved  June  12,  1873. 

rijL      QfTft    An  Act  for  fixing  the  time  and  place  of  holding  probate 

\yfl.      OtO.  courts  in  the  county  of  SUFFOLK. 

Be  enacted,  &c.,  asfolloivs: 
Courts  to  be  Section  1.     The  sessions  of  the  probate  court  in  the 

day  ore7ch^°°"  couuty  of  Suffolk  shall  be  held  at  Boston  every  Monday 
in  each  month  in  the  year. 

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

Approved  June  12,  1873. 


month. 


Gil.  376. 


An  Act  to  prevent  fraud  at  elections  in  cities. 
Be  enacted,  &c.,  as  follows: 
Supervisors  of        Section  1.     Wheiievcr  prior  to  an  election,  five  legal 

elections  to  be  .  ^  i/«'j.inii  •  -i.'     ™ 

appointed  by      votcrs  of  any  ward  ot  a  city  shall  make  known  in  writing 
fhe'^re^uoFt^of     to  a  justlcc  of  the  suprcmc  judicial  court,  in  term  time  or 

five  legal  voters. 


1873.— Chapter  376.  911 

vacation,  their  desire  to  have  such  election  guarded  and 
scrutinized,  it  shall  be  the  duty  of  such  justice,  upon  such 
notice  as  he  shall  deem  meet,  or  without  notice,  prior  to 
such  election,  to  appoint  and  commission  two  legal  voters 
of  such  ward  who  shall  be  of  different  political  parties, 
and  shall  be  known  and  designated  as  supervisors  of  elec- 
tion. Before  entering  upon  the  duties  of  their  office,  the 
said  supervisors  shall  be  duly  sworn  to  the  faithful  and 
impartial  discharge  of  the  same.  Nothing  herein  contained 
shall  authorize  or  require  the  appointment  of  more  than 
one  set  of  supervisors  in  each  ward  for  any  election. 

Section  2.  It  shall  be  the  duty  of  said  supervisors  to  to  attend  meet- 
attend  the  meeting  of  such  ward  held  for  such  election,  to  sola^uy  inspect 
challenge  any  vote  offered  by  any  person  whose  qualifica-  ^hiSTvotlL  "is 
tions  the  supervisors,  or  either  of  them,  shall  doubt,  to  be  <ione  and  check- 
and  remain  where  the  ballot-box  or  boxes  are  kept  at  all  &c. 
times  after  the  polls  are  open  until  each  and  every  vote 
cast  at  such  time  and  place  shall  be  counted,  the  canvass 
of  all  votes  polled  (be)  wholly  completed  and  the  proper 
and  requisite  certificates  and  returns  made  out  and  the 
votes  duly  sealed  up  according  to  law,  and  to  personally 
inspect  and  scrutinize  from  time  to  time  and  at  all  times 
on  the  day  of  election,  the  manner  in  which  the  voting  is 
done  and  the  way  and  method  in  which  the  check-lists  are 
kept,  and  the  manner  in  which  the  checking  of  the  names 
of  voters  is  done,  and  to  the  end  that  each  candidate  for 
any  office  voted  for  at  such  election,  shall  obtain  the  bene- 
fit of  every  vote  cast  for  him,  the  said  supervisors  are  re- 
quired to  personally  scrutinize,  count  and  canvass  each 
and  every  ballot  cast  in  such  ward  at  such  election,  and  in 
the  event  of  a  disagreement  between  the  count  and  canvass 
of  the  said  supervisors  or  either  of  them  and  the  count 
and  canvass  of  the  ward  officers  of  such  ward,  to  make  a 
full  return  of  the  result  of  their  count  and  canvass,  or  of 
either  of  them,  to  the  mayor  and  aldermen  of  said  city 
forthwith.  Said  supervisors  and  officers  of  such  ward 
shall  not  make  any  announcement  of  the  result  of  their 
count  of  votes  until  after  the  close  of  the  polls. 

Section  3.     The  said  supervisors  are  authorized  and  To  occupy  such 
directed,  at  such  elections,  to  take,  occupy  and  remain  in  enable  them  to 
such  position  or  positions,  from  time  to  time,  in  the  ward-  who^offeM'^Ss" 
room  as  will  in  their  judgment,  best  enable  them,  or  either  ^°*®* 
of  them,  to  see  each  person  offering  to  vote,  and  as  will 
best  conduce  to  the  most  rigid  scrutiny  of  the  manner  in 


912 


1878.— Chapter  377. 


Penalty  for  ob- 
structing super- 
visor in  per- 
formance of  his 
duty. 


No  statement  to 
be  made  of  the 
number  of  bal- 
lots east  until 
the  close  of  the 
polls. 


Penalty  on  in- 
spector or 
supervisor. 


which  the  voting  is  being  conducted ;  and  at  the  closing 
of  the  polls  they  are,  and  each  of  them  is  required,  to 
place  themselves  and  himself  in  such  position  in  relation 
to  the  ballot-box  or  boxes,  for  the  purpose  of  engaging 
in  the  work  of  canvassing  the  ballots,  in  such  ballot-box  or 
boxes  contained,  as  will  enable  them  or  him  to  fully  per- 
form the  duties  of  such  canvass  provided  in  this  act,  and 
shall  there  remain  until  every  duty  in  respect  to  said  can- 
vass, certificates  and  returns  shall  have  been  wholly  com- 
pleted. 

Section  4.  Whoever  shall  do  any  act  with  the  intent 
to  intimidate,  hinder  or  interrupt  any  supervisor  of  elec- 
tion in  the  legal  performance  of  his  duty  or  the  exercise 
of  his  rights  under  this  act,  Avhether  said  intent  is  efiected 
or  not,  shall  be  punished  by  imprisonment  in  the  jail  not 
exceeding  two  years,  and  by  fine  not  exceeding  one  thou- 
sand dollars. 

Section  5.  Until  the  close  of  the  polls  and  the  public 
declaration  of  the  vote  at  an  election,  no  statement  shall 
be  made  by  any  supervisor,  warden,  inspector  or  clerk,  of 
the  number  of  ballots  cast,  the  number  of  voters  present, 
the  number  of  votes  given  for  any  person  or  for  any  ofli- 
cer,  the  name  of  any  person  who  has  voted,  the  name  of 
any  person  which  has  been  voted  on,  nor  of  any  other  fact 
tending  to  show  the  state  of  the  polls. 

Section  6.  Any  inspector  or  supervisor  violating  the 
provisions  of  this  act  shall  be  punished  by  a  fine  of  not 
more  than  one  hundred  dollars  or  imprisonment  in  the 
house  of  correction  for  twenty  days. 

Approved  June  12,  1873. 


Ch.  377. 


Visiting  agent, 
state  charities. 


Clerks  of  senate 
and  house  of 
representatives. 


Sergeant-at- 
arms. 


Adjutant-gen- 
eral. 


An  Act  relating  to  the  salaries  of  certain  state  officers  and 

employees. 
Be  enacted,  &c.,  as  follows  : 

Section  1.  The  salary  of  the  visiting  agent  of  the 
board  of  state  charities  shall  be  at  the  rate  of  three  thou- 
sand dollars  per  annum. 

Secton  2.  The  salaries  of  the  clerks  of  the  senate  and 
of  the  house  of  representatives  shall  be  at  the  rate  of  three 
thousand  dollars  each  per  annum. 

Section  3.  The  salary  of  the  sergeant-at-arms  shall 
be  at  the  rate  of  three  thousand  dollars  per  annum. 

Section  4.  The  salary  of  the  adjutant-general  shall  be 
at  the  rate  of  three  thousand  dollars  per  annum. 


1873. 


1873.— Chapter  378.  913 

Section  5.     The  salary  of  the  chief  of  the  bureau  of  Bureau  of  stat- 
statistics  on  the  subject  of  labor,  shall  be  at  the  rate  of 
three  thousand  dollars  per  annum. 

Section  6.     The   salary  of  the  clerk   of  the  railroad  ^^^^fg^g^^nei 
commissioners  shall  be  at  the  rate  of  two  thousand  five 
hundred  dollars  per  annum. 

Section  7.     The  salaries  of  the  extra  clerks  in  the  de-  cierks,  auditor. 
partment  of  the  auditor,  shall  be  at  the  rate  of  fifteen  hun- 
dred dollars  each  per  annum. 

Section  8.     The   salaries    of  the   extra  clerks  in  the  cierks,  secre- 
department  of  the  secretary  of  the   Commonwealth  shall  °'^^' 
be  at  the  rate  of  fifteen  hundred  dollars  each  per  annum. 

Section  9.     The  salary  of  the  messenger  of  the  sur-  Messenger,^ sur- 
geon-general shall  be  at  the  rate  of  twelve  hundred  dol- 
lars per  annum.     The  salary  of  the  clerk  of  the  board  of 
agriculture  shall  be  at  the  rate  of  twelve  hundred  dollars 
per  annum. 

Section  10.     The   increase   of  salaries  established  by  increase  of  sai- 
the  precedins:  sections  shall  be  paid  from  the  first  of  Jan-  mence  jan.  i, 

1.  O  A  TQ7Q 

uary  of  the  present  year,  except  in  cases  of  officers  whose 
term  of  service  has  commenced  since  that  time,  and  in 
such  cases  the  increase  shall  be  paid  from  the  commence- 
ment of  their  respective  terms  of  service. 

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

Approved  June  12, 1873. 
An  Act  in  further  addition  to  an  act  making  appropriations  rij,      ^79, 

TO  MEET  CERTAIN  EXPENDITURES  AUTHORIZED  THE  PRESENT  YEAR,  ' 

AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  sums  hereinafter  mentioned  are  ap-  Appropriations 
propriated  to  be  paid  out  of  the  treasury  of  the  Common-  *"*'^°"^®<^- 
wealth,  from  the  ordinary  revenue,  except  in  cases  other- 
wise ordered,  for  the  purposes  specified  in  certain  acts 
and  resolves  of  the  present  year,  and  for  other  purposes, 
to  wit : — 

In  the  resolve,  chapter  forty,  for  fitting  up  the  building  Building  in 
in  Pemberton  Square  leased  by  the  state,  and  for  furnish-  squared  °" 
ing  the  rooms  occupied  by  the  insurance  department,  and 
the  bureau  of  statistics  of  labor,  a  sum  not  exceeding  fif- 
teen thousand  dollars. 

In  the  resolve,  chapter  forty-one,  in  favor  of  Charles  J.  charies  j.  cox. 
Cox,  the  sum  of  ninety  dollars  on  account  of  state  aid. 

In  the  resolve,  chapter  forty-three,  in  favor  of  the  town  oroton. 
of  Groton,  the  sum  of  one  hundred  and  seventy-four  dol- 


914 


1873.— Chapter  378. 


Normal  school, 
Bridgewater. 


Normal  art 
school. 


Publication  of 
Q.  Statutes. 


Repairs  state 
house. 


Reform  school, 
Westborough. 


Museum  of 
Zoology. 


Worcester  hos- 
pital. 


Boundaries  of 
state  prison 
lauds. 


Dukes  county. 
Fifth  battery. 
Henry  F.  Hale. 


Alfred  Brad- 
bury. 


Teachers'  insti- 
tutes. 


Militia. 


lars  and  twenty-five  cents,  the  same  to  be  paid  from  the 
Massachusetts  school  fund. 

In  the  resolve,  chapter  forty-six,  authorizing  the  erec- 
tion of  an  addition  to  the  normal  school  boarding-house  at 
Bridgewater,  a  sum  not  exceeding  thirty-six  thousand 
dollars. 

In  the  resolve,  chapter  forty-seven,  in  relation  to  a  state 
normal  art  school,  a  sum  not  exceeding  seven  thousand 
five  hundred  dollars. 

In  the  resolve,  chapter  fifty-one,  in  favor  of  the  com- 
missioners on  the  publication  of  the  General  Statutes,  the 
sum  of  five  hundred  dollars. 

In  the  resolve,  chapter  fifty-two,  providing  for  certain 
repairs  and  improvements  of  the  state  house,  a  sum  not 
exceeding  three  thousand  eight  hundred  and  ninety-five 
dollars. 

In  the  resolve,  chapter  fifty-four,  providing  for  repairs 
and  improvements  at  the  state  reform  school  at  West- 
borough,  a  sum  not  exceeding  seven  thousand  five  hundred 
dollars. 

In  the  resolve,  chapter  fifty-five,  in  favor  of  the  trustees 
of  the  museum  of  zoology,  the  sum  of  twenty-five  thousand 
dollars. 

In  the  resolve,  chapter  fifty-six,  in  favor  of  the  Worces- 
ter lunatic  hospital,  the  sum  of  twenty-five  thousand  dol- 
lars. 

In  the  resolve,  chapter  fifty-seven,  to  provide  for  ex- 
penses of  establishing  the  boundary  lines  of  the  state 
prison  lands,  a  sum  not  exceeding  five  hundred  dollars. 

In  the  resolve,  chapter  sixty,  in  favor  of  the  treasury  of 
Dukes  County,  a  sum  not  exceeding  eight  hundred  dollars. 

In  the  resolve,  chapter  sixty-two,  in  favor  of  the  fifth 
light  battery,  a  sum  not  exceeding  five  hundred  dollars. 

In  the  resolve,  chapter  sixty-three,  in  favor  of  Henry 
F.  Hale,  the  sum  of  four  hundred  and  sixty  dollars. 

In  the  resolve,  chapter  sixty-four,  in  favor  of  Alfred 
Bradbury,  the  sum  of  one  hundred  and  fifty  dollars. 

In  the  act,  chapter  two  hundred  and  ninety-two,  relat- 
ing to  teachers'  institutes,  the  sum  of  one  thousand  dollars, 
payable  from  the  moiety  of  the  iucome  of  the  Massachusetts 
school  fund,  aiDplicable  to  educational  purposes. 

In  the  act,  chapter  three  hundred  and  thirteen,  con- 
cerning the  militia  of  the  Commonwealth,  a  sum  not  ex- 
ceeding fourteen  thousand  five  hundred  dollars  for  the 


1873.— Chapter  378.  915 

transportation  of  troops,  fifteen  thousand  dollars  for  uni- 
forms, ten  thousand  dollars  for  quartermasters'  supplies, 
fourteen  thousand  one  hundred  dollars  for  rents  of  armories 
and  headquarters,  two  thousand  two  hundred  dollars  for 
printing  muster  and  pay  rolls,  seven  hundred  dollars  for 
printing  and  binding  the  new  law,  eight  hundred  dollars 
for  additional  clerical  assistance  in  the  department  of  the 
adjutant-general,  and  one  thousand  one  hundred  sixty-six 
dollars  and  sixty-seven  cents  for  the  salary  of  the  judge- 
advocate-general,  the  same  to  be  in  addition  to  any 
appropriations  heretofore  made  for  the  present  year. 

For  the  repayment  of  taxes,  as  authorized  by  section  Repayment  of 
sixteen  of  chapter  three  hundred  and  fifteen  of  the  acts  of 
the  present  year,  a  sum  not  exceeding  ten  thousand  dol- 
lars. 

For  such  clerical  assistance  as  the  tax   commissioner  Tax  commis- 
shall  find  necessary,  a  sum  not  exceeding  six  thousand 
dollars,  and  for  incidental  expenses,  a  sum  not  exceeding 
one  thousand  dollars,  the  same  to  be  in  addition  to  the 
appropriations  heretofore  made. 

For  the  incidental  expenses  of  the   adjutant-general's  Acijutant-gen- 
department,  a  sum  not  exceeding  five  hundred  dollars,  in  ^^'^' 
addition  to  the  appropriation  heretofore  made. 

For  paging  and  binding  the  census  returns  of  the  year  census  returns. 
eighteen  hundred  and  seventy,  under  the  direction  of  the 
secretary  of  the  Commonwealth,   a  sum   not   exceeding 
four  hundred  dollars. 

For  such  clerical  and  other  assistance  as  the  treasurer  Treasurer. 
may  find  necessarj^  a  sum  not  exceeding  one  thousand 
five  hundred  dollars  in  addition  to  the  amount  heretofore 
appropriated. 

For   the    authorized    expenses    of   committees   of   the  committees  of 
legislature,  a  sum  not  exceeding  five  thousand  dollars,  in  ''^f '*'•"'■''• 
addition  to  the  amounts  heretofore  appropriated  for  the 
present  year. 

For  exiDcnses  incurred  in  the  construction  and  repair  of  ?''P,*i'' °^  ^^^ 

-,      .       .\       .  p  -\  r      1  11  1  .    .  1°  Mashpee. 

roads  m  the  town  ot  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  one  hundred  and  fifty  dollars,  in  addition  to 
the  amount  heretofore  appropriated. 

For  the  compensation  of  the  doorkeepers,  messengers  Doorkeepers, 
and  pages  of  the  senate  and  house  of  representatives,  a  pages"^''"^ 

56 


916 


1873.— Chapter  378. 


Boston,  Hart- 
ford and  Erie 
Railroad. 


Experts  em- 
ployed by  gov- 
ernor. 


Visiting  agent 
state  charities. 


Police  commis- 
sioners. 


Printing  and 
binding. 


Clerk  municipal 
court  of  Dor- 
chester. 


Private'secre- 
tary  and  asst. 
messenger  of 
governor. 

Asst.  clerks. 


Watchmen. 


Laws  of  extra 
session. 


Salaries  of 
clerks,  &c. 


sum  not  exceeding  seven  thousand  five  hundred  dollars, 
in  addition  to  the  amount  heretofore  appropriated. 

For  any  expenses  incurred  in  accordance  with  the 
provisions  of  chajDter  four  of  the  resolves  of  eighteen 
hundred  and  seventy-one,  relating  to  the  rights  and 
interests  of  the  Commonwealth  in  connection  with  the 
Boston,  Hartford  and  Erie  Railroad,  a  sum  not  exceeding 
five  thousand  dollars. 

For  such  expenses  as  the  governor  may  find  necessary 
for  the  employment  of  experts,  a  sum  not  exceeding  one 
thousand  dollars,  which  shall  be  allowed  and  paid. 

For  such  clerical  assistance  as  the  visiting:  ao^ent  of  the 
board  of  state  charities  may  find  necessary,  a  sum  not 
exceeding  eight  hundred  dollars  in  addition  to  the  amount 
heretofore  appropriated. 

In  the  act,  chapter  three  hundred  and  thirty-six, 
establishing  the  compensation  of  the  police  commissioners, 
a  sum  not  exceeding  six  hundred  dollars,  in  addition  to 
the  amount  heretofore  appropriated. 

For  printing  and  binding  ordered  by  the  senate  or 
house  of  representatives  or  by  the  concurrent  order  of  the 
two  branches,  a  sum  not  exceeding  two  thousand  dollars, 
in  addition  to  the  amount  heretofore  appropriated. 

In  the  act,  chapter  three  hundred  and  sixty-three,  to 
provide  a  clerk  for  the  municipal  court  of  the  Dorchester 
district  of  the  city  of  Boston,  a  sum  not  exceeding  four 
hundred  dollars  for  the  salary  of  said  clerk. 

In  the  act,  chapter  three  hundred  and  seventy-two, 
establishing  the  salaries  of  the  private  secretary  of  the 
governor,  the  assistant-messenger  to  the  governor  and 
council,  the  assistant-clerk  of  the  senate  and  the  assistant- 
clerk  of  the  house  of  representatives,  a  sum  not  exceed- 
ing two  thousand  five  hundred  dollars. 

In  the  act,  chapter  three  hundred  and  seventy-three, 
establishing  the  salaries  of  the  watchmen  of  the  state 
house,  the  sum  of  one  thousand  four  hundred  dollars,  the 
same  to  be  in  addition  to  the  amount  heretofore  appropri- 
ated. 

For  the  publication  of  the  laws  passed  at  the  extra 
session  of  the  legislature  of  eighteen  hundred  and  seventy- 
two,  a  sum  not  exceeding  two  hundred  and  fifty  dollars. 

In  the  act,  chapter  three  hundred  and  seventy-seven 
establishing  the  salary  of  the  visiting  agent  of  the  board 
of  state  charities,  the  clerk  of  the  senate,  the  clerk  of  the 


1873.— Chapter  378.  917 

house  of  representatives,  the  sergeant-at-arms ,  the  adju- 
tant-general, the  chief  of  the  bureau  of  statistics  on  the 
subject  of  labor,  the  clerk  of  the  railroad  commissioners, 
the  extra  clerks  in  the  auditor's  department,  the  extra 
clerks  in  the  secretary's  department,  the  clerk  of  the 
secretary  of  the  board  of  agriculture  and  the  messenger 
of  the  surgeon-general,  a  sum  not  exceeding  six  thousand 
two  hundred  dollars,  the  same  to  be  in  addition  to  the 
appropriations  heretofore  made  for  the  present  year. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12, 1873. 


RESOLVES, 

GENEEAL     AI^D    SPECIAL. 


Chap.   1. 

Treasurer  may 
borrow  money 
to  meet  the  or- 
dinary demands 
upon  the  treas- 
ury. 


Chap.  2. 

Commissioners 
to  reprint  so 
much  of  pro- 
vincial laws  as 
was  destroyed 
by  fire. 


Chap.  3. 

Allowance  to 
inspectors  of 
state  prison  for 
expenses. 


Resolve  authorizing  the  treasurer  to  borrow  money  in  an- 
ticipation OF  THE  revenue. 

Resolved,  That  the  treasurer  and  receiver-general  be, 
and  he  hereby  is,  authorized  to  borrow,  in  anticipation  of 
the  receipts  of  the  present  year,  such  sums  of  money  as 
may  from  time  to  time  be  necessary  for  the  payment  of 
the  ordinary  demands  on  the  treasury,  at  any  time  before 
the  expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sum  he  may  borrow 
under  this  resolve,  as  soon  as  money  sufficient  for  the 
purpose,  and  not  otherwise  appropriated  shall  be  received 
into  the  treasury.  Approved  January  28, 1873. 

Resolve  in  relation  to  the  provincial  laws  of  Massachusetts. 
Resolved,  That  the  commissioners  for  printing  the  pro- 
vincial laws  of  the  late  province  of  Massachusetts  Bay 
cause  to  be  restereotyped  and  reprinted  so  much  of  the 
second  volume  of  said  provincial  laws  as  has  been  destroyed 
in  the  late  conflagration  in  the  city  of  Boston ;  and  that 
the  sum  of  six  thousand  dollars  is  appropriated  to  defray 
the  expense  of  the  same.  Approved  February  14, 1873. 

Resolve  authorizing  payment  for  certain  expenses  incurred 

BY  the  inspectors  OF  THE  STATE  PRISON. 

Resolved,  That  the  sum  of  two  hundred  and  ninety- 
seven  dollars  and  fourteen  cents  be  allowed  and  paid  under 
the  direction  of  the  inspectors  of  the  state  prison,  for  cer- 
tain expenses  incurred  by  them  under  chapter  thirty-nine 
of  the  resolves  of  the  year  eighteen  hundred  and  seventy- 
two.  Approved  February  14,  1873. 


1873.— Chaptees  4,  5,  6.  919 

Resolve  to  provide  for  TESTiMO>fiALS  to  certain  persons  ap-  Qfi^v^^    4^ 

POINTED  IN  THE  NAVY.  ^  ' 

Resolved,  That  the  adjutant-general  deliver  testimonials,  ^e*^"^°°!g^*t^ 
provided  for  in  the  fifty-third  chapter  of  the  resolves  of  the  certain  persons 
year  eighteen  hundred  and  sixty-nine,  to  all  persons  who  nUy! 
were  appointed  to  positions  in  the  United   States  navy 
during  the    rebellion,    upon   their  producing  satisfactory 
proof  that   they  were  residents  of  Massachusetts  at  the 
time  of  their  appointment,  and  have  been  honorably  dis- 
charged from  service  :  provided,  that  the  person  so  ap- 
pointed shall  have  been  held  to  service  in  the  same  man- 
ner as  commissioned  oflicers  and  enlisted  men. 

Approved  February  17,  1873. 


EeSOLVE  providing  for  expenses   INCURRED   IN   THE   SUPER\^SION 
OF  THE  HOOSAC  TUNNEL. 


Chap.  5. 

Resolved,  That   there  be   allowed  and   paid   from  the  Allowance  of 
treasury   of   the   Commonwealth   a   sum    not    exceeding  fn^nee/hig 
twenty-five  thousand  dollars    for   expenses   incurred   for  expenses. 
engineering  and  other  exjDenses  connected  with  the  Com- 
monwealth's supervision  of  the  Hoosac  Tunnel,  aud  the 
same  is  hereby  appropriated.  Approved  March  3, 1873. 

Resolves  concerning  the  universal  exposition  at  vienna.        ChaT)     6 
Resolved,  That  the  governor,  with  the  advice  and  con-  Governor  to 
sent  of  the  council,  is  authorized  to  appoint  a  citizen  of  fo  vuiuhf™^ 
this  Commonwealth  and  such  associates  as  may  be  neces-  Jienua  Exposi- 

.    ,  .  .    .  .  ''  .        tion. 

sary,  to  visit  the  universal  exposition  at  Vienna,  to  assist 
the  contributors  from  tnis  state,  to  examine  the  various 
industries,  manufactures  and  economies  which  may  be 
exhibited,  or  presented,  and  to  report  thereon  to  the  leg- 
islature of  eighteen  hundred  and  seventy-four. 

Resolved,  That  there  be  appropriated  to  be  paid  out  of  Appropriation 
the  treasury  such  a  sum,  not  exceeding  twelve  thousand  expanses  of' 
dollars,  as  the  governor  and  council  may  deem  necessary  ^^'^""y* 
to  carry  into  eflect  the  provisions  of  the  foregoing  resolve. 

Resolved,  That  there  be  appropriated  to  be  paid  out  of  f  PPf°P"'*"°? 

^    T.     ^      ,  1  1     T    11  $3,000  to  aid  in 

the  treasury,  a  sum  not  exceeding  three  thousand  dollars,  representing  the 

.       1  -11  111  T  ••  /»   j_i  1   Massachusetts 

to  be  expended  under  the  direction  oi  the  governor  and  system  of  edu- 
council,  for  the  purpose  of  aiding  in  the  proper  represen-  °^^^°^- 
tation  at  the  exposition  of  our  system  of  education,  and 
of  obtainiug  therefrom  information  for  the  promotion  of 
our  educational  interests.  Approved  March  3  1873. 


920 


1873.— Chapters  7,  8,  9,  10. 


Cha]).  7. 


Allowance  to 
insurance 
agents  for  over- 
paid taxes. 


Chap.  8. 


Allowance  for 
lands  occupied 
for  military 
encampments. 


Glia]). 


Resolve  for  the  reembuhsement  of  certain  taxes  overpaid  by 
insurance  agents. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  William  Archer,  nine  dollars  and  four  cents, 
to  John  M.  Daggett,  nine  dollars  and  eighty-four  cents,  to 
Easton  and  Milne,  forty  dollars  and  eighty-three  cents,  to 
Amos  G.  Hulbert,  five  dollars  and  sixty-nine  cents,  to  S. 
A.  Rowland,  thirty  dollars  and  eight  cents,  to  S.  A. 
Macintire,  twelve  dollars  and  fifty-seven  cents,  to  C.  G. 
Stevens  and  Son,  two  dollars,  to  Hiram  Van  Campen,  four- 
teen dollars  and  seventy-eight  cents,  to  Alexander  New- 
comb,  eleven  dollars  and  forty-five  cents,  in  reimburse- 
ment of  taxes  overpaid  to  the  treasurer. 

^Approved  March  5,  1873. 

Resolve  providing  compensation  for  lands  used  for  military 
encampments  during  the  year  eighteen  hundred  and  seven- 
TY-TWO. 

Resolved,  That  a  sum  not  exceeding  two  thousand  dol- 
lars be  appropriated,  to  be  paid  out  of  the  treasury  of  the 
Commonwealth,  upon  vouchers  certified  by  the  adjutant- 
general  and  approved  by  the  commander-in-chief,  on 
account  of  expenses  incurred  for  the  use  of  lands  occupied 
for  military  encampments  during  the  year  eighteen  hun- 
dred and  seventy-two.  Approved  March  7, 1873. 


Q  Resolve  to  confirm  and  make  valid  a  deed  made  by  the  exec- 
utors NAMED  IN  THE  WILL  OF  EBENEZER  CRAFTS,  DECEASED,  AND 
BY  A  TRUSTEE  UNDER  SAID  WILL. 


Deed  confirmed 
and  made  valid. 


Resolved,  For  the  reasons  set  forth  in  the  petition  of 
Otis  H.  Weed  and  others,  that  the  deed  made  by  William 
A.  Crafts  and  Henry  B.  Brigham,  named  as  executors  in 
the  will  of  Ebenezer  Crafts,  late  of  Koxbury,  deceased, 
and  by  Warren  Tilton,  trustee  under  said  will,  to  Otis  H. 
Weed,  dated  April  thirtieth,  in  the  year  eighteen  hundred 
and  seventy-two,  and  recorded  in  the  registry  of  deeds 
for  the  county  of  Suffolk,  in  book  eleven  hundred  and 
nine,  folio  one  hundred  and  seventy-four,  be,  and  the 
same  hereby  is  confirmed  and  made  valid. 

Approved  March  8,  1873. 

Resolve  in  favor  of  george  downes. 

Allowance  of         Resolved,  That  there  be  allowed  and  paid  out  of  the 
$24  for  state  aid.  treasury  to  George  Downes,  the  sum  of  twenty-four  dol- 
lars, for  arrears  of  state  aid.  Apx)roved  March  15,  1873. 


Chap.lO. 


1873.— Chapters  11,  12,  13,  14.  921 

Resolve  to  pay  bounties  to  certain  agkicultural  societies.      Chap.  11. 
Resolved,  That  the  bounties  for  the  year  eighteen  hun-  Bounties  to  be 
dred  and  seventy-three,  as  provided  in  chapter- sixty-six  of  ^g^cXrar'' 
the  General  Statutes,  be  allowed  and  paid  to  the  Marsh-  «°"e«^«- 
field,    Essex,   and   Hampshire,    Franklin,   and   Hampden 
Agricultural  Societies,  in  the  same  manner  as  if  the  certifi- 
cates and  returns  required  by  said  chapter  had  been  filed 
and  made  in  due  time.  Approved  March  15, 1873. 

Resolve  granting  county  taxes.  Chap. 12. 

Resolved,  That  the  sums  placed  against  the  names  of  the  county  taxes. 
several  counties  in  the  following  schedule  are  granted  as  a 
tax  for  each  county,  respectively,  to  be  collected  and  ap- 
plied according  to  law  : — 

Barnstable. — Fifteen  thousand  dollars. 

Berkshire. — Eighty  thousand  dollars. 

Bristol. — Eighty-seven  thousand  five  hundred  dollars. 

Dukes. — Five  thousand  five  hundred  dollars. 

Essex. — One  hundred  and  forty  thousand  dollars. 

Franklin. — Thirty-five  thousand  dollars. 

Hampden. — Eighty-nine    thousand   nine   hundred   and 
fifty-eight  dollars. 

Hampshire. — Thirty-eight  thousand  dollars. 

Middlesex. — Two  hundred  and  ten  thousand  dollars. 

Norfolk. — Ninety  thousand  dollars. 

Plymouth. — Forty-five  thousand  dollars. 
Worcester. — One  hundred  and  fifty  thousand  dollars. 

Approved  March  24,  1873. 

Resolve  in  favor  of  ella  j.  buxton.  Chap.lB. 

i^e.so/vecZ,  That  for  reasons  set  forth  in  the  petition  of  Allowance  of 
Henry  Reed,  guardian  of  Ella  J.  Buxton,  there  be  allowed  |ji^^5  for  state 
and  paid  out  of  the  treasury  to  the  said  guardian,  for  the 
benefit  of  his   said  ward,  the  sum  of  one  hundred  and 
seventy-five  dollars,  for  arrears  of  state  aid. 

Approved  March  24,  1873. 

Resolve  confirming  certain  deeds  of  ebenezer  and  sarah  w.  Chav.  14. 

Resolved,  That  the  deeds  of  Ebenezer  Hale  and  Sarah  Deeds  confirmed 
W.  Hale  to  the  James  Steam  Mills,  dated  August  twelfth, 
eighteen  hundred  and  forty-six,  and  recorded  in  tlie  Essex 
registry  of  deeds,  book  three  hundred  and  seventy-one, 
leaf  one  hundred  and  fifteen ;  and  of  Ebenezer  Hale  and 
Sarah  W.  Hale  to  Francis  Skinner  and  Charles  J.  Brock- 
way,  dated  October  twenty-ninth,  eighteen  hundred  and 


and  made  valid. 


922  1873.— Chapters  15,  16,  17,  18,  19. 

forty-five,  recorded  in  the  Essex  registry  of  deeds,  book 
tliree  hundred  sixty-eight,  leaf  two  hundred  and  ninety- 
two,  are  confirmed  and  made  valid. 

Approved  March  26,  1873. 

Chap.  ^5,  Resolve  in  favor  of  george  h.  johnston. 

Allowance  of         Hesolved,  That  by  reason  of  the  cost  incurred  by  Colonel 

S*^62  to  Col.  '  •/  %/ 

g"!  H.  Johnston.  Gcorgc  H.  Johustou,  for  his  trial  by  court  of  inquiry, 
there  be  allowed  and  paid  to  him  out  of  the  treasury,  the 
sum  of  two  hundred  and  sixty-two  dollars. 

Approved  March  27,  1873. 

Chap.  16.  Resolve  in  favor  of  timothy  murphy. 

Annuity  of  $200      Resolved,  That  during  the  period  of  five  years  from  the 

tor  live  years.  • 

first  day  of  January  in  the  year  eighteen  hundred  and 
seventy-three,  an  annuity  of  two  hundred  dollars  be 
allowed  and  paid  to  Timothy  Murphy,  in  equal  quarterly 
payments.  Approved  March  27, 1873. 


Hhn^  17   Resolve  in  favor  of  the    disabled    soldiers'    employment 

^"'^F'^*'  BUREAU. 

^eawedsoi*-"  Resolved,  That  there  be  allowed  and  paid  out  of  the 

diers'  employ,    trcasury  the  sum  of  three  thousand  dollars  to  the  disabled 

ment  bureau.  t  t         i  i  j   i 

soldiers'  employment  bureau.  Approved  March  27, 1873. 

Ohcip.  TlS.  Resolve  in  favor  of  the  town  of  west  boylston. 

Allowance  of         JResolved,   That  there  be  allowed  and  paid  out  of  the 

port'of  a°etatr  trcasury  to  the  town  of  West  Boylston,  the  sum  of  two 

pauper.  hundred  and  seventy-eight  dollars  and  twenty  cents,  for 

money  paid  to  the  treasury  of  the  state  lunatic  hospital  at 

Worcester,    for   the    support  of  Margaret  Drinkwine,   a 

state  pauper.  Approved  March  27,  1873. 


Resolve  in  favor  of  the  Massachusetts  charitable  eye  and 
ear  infirmary. 


Chap.l9. 

*io*o^o'^°^  °^  ^^^olved,  That  there  be  allowed  and  paid  out  of  the 

treasury  the  sum  of  ten  thousand  dollars  to  the  Massachu- 
setts Charitable  Eye  and  Ear  Infirmary,  to  be  expended 
under  the  direction  of  the  managers  thereof,  for  the  chari- 
table purposes  of  said  infirmary  during  the  present  year ; 
Managers  to       aud  the  Said  managers  shall  report  to  the  board  of  state 
of^s°tate°chari-'^    chai'ities,  as  required  by  chapter  two  hundred  and  forty- 
ties,  three  of  the  acts  of  the  year  eighteen  hundred  and  sixty- 
seven.  Approved  March  29,  1873. 


1873.— Chapters  20,  21,  22,  23,  24,  25.  923 

Resolve  authorizing  the  sergeant-at-arms  to  lease  a  build-  (JJkij)^  20. 

ikg  for  the  insurance  department  and  for  other  state  "' 

purposes. 

Resolved,  That  the  sergeant-at-arms  be  and  is  hereby  Building  to  be 
alithorized,  under  the  dn-ection  of  the  committee  on  the  ton^for  state*" 
state  house,  and  with  the  approval  of  the  insurance  com-  p"^""?"^^- 
missioner,  to  lease  a  suitable  building  in  Boston  for  the 
accommodation  of  the  insurance  department,  and  for  other 
state  purposes.  Approved  March  31, 1873. 

Resolve  in  favor  of  mtra  e.  record.  Chap.2\. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  to   the  guardian  of   Myra  E.   Record,  for  her  ^'**^*^'^' 
benefit,   the    sum   of  twenty-four   dollars,    and    also   the 
amount  of  state  aid  to  which  she  would  be  entitled  from 
and  after  January  first,   eighteen  hundred  and  seventy- 
three,  had  she  been  born  during  the  life  of  her  father. 

Ajyproved  April  7,  1873. 

Resolve  in  favor  of  hattie  lemly.  (JJi(ip.'2i2. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  to  Norman  Shores,  guardian  of  Hattie  Lemly  of  ^*^'®^'^- 
Otis,  for   her   benefit,  the    sum   of    sixty-six   dollars   as 
state  aid.  Approved  April  7, 1873. 


Resolve  providing   compensation  for  the  general  officers 
of  the  militia  and  their  staffs. 


Chap.23. 

Resolved,  That  a  sum  not  exceeding  one  thousand  and  Allowance  to 
fifty  dollars  be  approp-iated,  to  be  paid  out  of  the  treas-  of  the  miiitia. 
ury,  upon  pay-rolls  certified  by  the  adjutant-general,  to 
the  general  of  division  and  his  staff  and  the  brigadier- 
generals  and  their  staffs,  for  services  while  on  duty  at  the 
several  encampments  of  the  militia  during  the  year 
eighteen  hundred  and  seventy-two.    Approved  April  7, 1873. 

Resolve  in  favor  of  the  city  of  lawrence.  Chap.  24:. 

Resolved,  That  there  be  allowed,  and  paid  out  of  the  Allowance  of 
treasury  to  the  city  of  Lawrence,  the  sum  of  two  hundred  |ort  of  i°8tate " 
and  fourteen  dollars  and  twenty-six  cents,  for  money  paid  v^^^p^^- 
to  the  state  lunatic  hospital  at  Worcester,  for  the  support 
of  Marion  E.  Eobinson,  a  state  pauper. 

Approved  April  14,  1873. 

Resolve  in  favor  of  Murdoch  ulatheson.  Clion  2^ 

Resolved,  That   on    account   of   injuries    sustained   by  ^no^ang*  ^y  * 
Murdoch  Matheson  while  captain  of  company  B,  of  the  injuries  received 

■'•        ''  while  perform- 

67 


924 


1873.— Chapters  26,  27,  28,  29,  30. 


ing  military 
duty. 


first  battalion  of  cavalry,  there  be  allowed  and  paid  to 
him  out  of  the  treasury,  the  sum  of  one  thousand  dollars. 

Aj)provecl  April  14, 1873. 
Resolve  to  aid  in  the  suppression   of  contagious  diseases 

AMONG   cattle. 

Resolved,  That  there  be  appropriated,  allowed  and  paid 
out  of  the  treasury  a  sum  not  exceeding  five  hundred  dol- 
lars, to  be  expended  under  the  direction  of  the  cattle  com- 
missioners, for  the  purpose  of  exterminating  contagious 
cattle  diseases  in  the  state.  Approved  April  14, 1873. 

Resolve  authorizing  the  attorney-general  to  discontinue 
certain  legal  proceedings  against  the  eastern,  and  the 
norwich  and  worcester  railroad  companies. 

Resolved,  That  the  attorney-general  is  authorized  to 
discontinue  the  legal  proceedings  instituted  against  the 
Eastern  Railroad  Company  and  the  Norwich  and  Wor- 
cester Railroad  Company,  under  the  provisions  of  chapter 
twenty-three  of  the  resolves  of  the  year  eighteen  hundred 
and  seventy.  Approved  April  14, 1873. 

Resolves  in  aid  of  the  state  library. 

Resolved,  That  the  secretary  of  the  Commonwealth  be 
authorized  to  furnish  for  the  state  library,  copies  of  the 
General  Statutes  and  supplements  of  the  same,  as  they 
may  be  needed  for  foreign  and  domestic  exchanges. 

Resolved,  That  a  sum  not  exceeding  three  hundred 
dollars  per  annum  be  allowed  and  paid  out  of  the  treasury, 
in  addition  to  the  amount  now  authorized,  for  assistance 
and  incidental  expenses  in  the  state  library,  to  be  ex- 
pended under  the  direction  of  the  trustees  and  librarian. 

Approved  April  16,  1873. 

Resolve  in  favor  of  the  town  of  Halifax. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
$50  for  armory   trcasury  to  the  town  of  Halifax,  the  sum  of  fifty  dollars 
^^^^'  in  reimbursement  for  rent  paid  by  said  town  for  an  armory 

for  company  A,  of  the  third  regiment  of  infantry,  Massa- 
chusetts volunteer  militia,  for  the  year  ending  December 
thirty-first  eighteen  hundred  and  seventy-two. 

Approved  April  19,  1873. 

riJ        ^n   Resolve  instructing  the  board  of  railroad  commissioners  to 

L'/iap.OKJ.  EXAMINE  the  CROSSING  OF  BROADWAY,  IN  LAWRENCE,  BY  THE 
BOSTON  AND  MAINE  RAILROAD,  AND  REPORT  THEREON  TO  THE 
NEXT  LEGISLATURE. 

Railroad  com-        Resolved,  That  the   petitions    of    A.    I.    Perkins    and 
"eporr^'next     othcrs,  for  change  of  location  of  the  bridge  of  the  Boston 


Chap.26. 

Allowance  for 
exterminating 

cattle  diseases. 


Chaj).27. 


Legal  proceed- 
ings against  the 
Eastern  and 
Nor.  and  Wor. 
Railroads  to  be 
discontinued. 


Chap.2S, 

General  Statutes 
to  be  supplied 
to  the  state 
library  for  ex- 
changes. 


Allowance  of 

$300  for  assist- 
ance, &c. 


C7iap.2Q. 


1873.— Chapters  31,  32,  33.  925 

and    Maine    Eailroad    across    the    Merrimac    River,    in  legislature  con- 
Lawrence,  be  referred  to  the  board  of  railroad  commis-  of'B."lM?E^u 
sioners,  with  instructions  to  consider  and  report  to  the  Jeuce!"^'"'^' 
next  general  court  what  change,  if  any,  should  be  made  in 
the  location  of  said  railroad  in  the  city  of  Lawrence,  or 
what  change,  if  any,  should  be  made  in  any  highway  in 
said  city,  for  the  purpose  of  obviating  the  present  cross- 
ing of  Broadway  in  said  city  at  gi-ade  by  the  tracks  of  the 
said  railroad  corporation ;  and  also  a  plan  for  the  equitable 
apportionment  between  any  railroad  corporations  inter- 
ested, the  city  of  Lawrence  and  any  town  in  the  county 
of  Essex,  of  the   expense  of   any  change    of  grade   or 
location  either  of  the  railroad  or  of  any  highway  which  in 
the  judgment  of  the  board  may  be  required  by  considera- 
tions of  public  safety  and  convenience. 

Approved  April  19,  1873. 

Resolve  in  favor  of  asahel  p.  squires.  (7^«7?.31. 

Resolved,  That   there  be    appropriated    and    paid    to  Auowanceof 
Asahel  P.  Squires,  out  of  the  treasury,  the  sum  of  eight  l^aheiR 
hundred  and  forty-one  dollars  and  fifty  cents,  for  services  Squires. 
rendered   and   expenses  incurred  on  behalf  of  the  Com- 
monwealth in  the  arrest  of  the  Grafton  Bank  robbers. 

\_The  foregoing  Resolve  having  been  laid  before  the 
Governor  on  the  fourteenth  of  April,  and  not  being 
returned  by  him  with  his  objections  within  five  days  after 
receiving  the  same,  as  prescribed  by  the  Constitution, 
became  a  late  on  the  19th  of  April,  inst.'] 

Resolve  in  aid  of  discharged  female  prisoners.  Chci'D.S^. 

Resolved,  That   there   be  allowed  and  paid   from   the  Allowance  for 
treasury,  under  the  direction  of  the  governor,  a  sum  not  charge'd^feSaie 
exceeding   fifteen   hundred   dollars,    for   the    purpose   ofp^^oners. 
assisting  discharged  female  prisoners. 

Approved  April  22,  1873. 
Resolve  relating  to  malden  river.  OhciV.SS. 

Resolved,  That  the  harbor  commissioners  inquire  into  Harbor  commis 
the  expediency  and  feasibility  of  straightening  and  deep-  glderix^ed"*" 
ening  the  channel  of  Maiden  River,  between  the  head  of  iency  of 
navigation  and  Mystic  River ;  and  that  if,  in  their  judg-  chTnLiTf"^ 
ment,  such  an  improvement  is  advisible,  they  report  |^q  ^^^iden  River, 
the  next  legislature,  during  the  first  week  of  the  session, 
a   plan   for   such    improvement,    showing    the    probable 
expense  thereof  and  how  such  expense  should  be  borne. 

Approved  April  25, 1873. 


926  1873.— Chaptees  34,  35,  36,  37,  38,  39. 

Chap. 34:.  K.ESOLVE   GKANTING    AID    TO    THE    TOWN    OF    GAT    HEAD,   FOR    THE 
^  '         '  SUPPORT  OF  ITS  PUBLIC  SCHOOLS. 

Gay  mfad  for         Besolved,  That  there  be  allowed  and  paid  out  of  the 

aSook/''^'  treasury  to  the  town  of  Gay  Head,  for  the  supjaort  of  its 
public  schools,  the  sum  of  one  hundred  dollars,  the  same 
to  be  charged  to  the  moiety  of  the  income  of  the  school 
fund,  applicable  to  the  support  of  schools  for  the  present 
year.  Aiiproved  April  25,  1873. 

Cha'p.S5.  Resolve  in  favor  of  edward  j.  jones. 

Allowance  of         JResolvcd,  That  there  be  allowed  and  paid  to  Edward  J. 

war^j.^jo^es.  J^ncs,  latc  coustablc  of  the  Commonwealth,  the  sum  of 
one  hundred  and  ten  dollars  and  tAventy-five  cents,  for 
costs  and  damages  paid  by  him  in  a  suit  brought  for  the 
irregular  seizure,  by  his  deputies,  of  alleged  obscene 
papers.  Apjyroved  May  2,  1873. 

Chcip.3Q.  Resolve  in  favor  of  russell  gray. 

Allowance  of         Hcsolved,  That  there  be  allowed  and  paid  out  of  the 
G^^Ty!'*  ^''***'"   treasury  to  Kussell  Gray  the  sum  of  two  hundred  dollars, 
for  services  in  preparing  a  consolidation  of  the  general 
laws  concerning  railroads.  Ajjproved  May  2,  1873. 

ChClV   37     K,ESOLVE    TO    AUTHORIZE     THE     COUNTY     COMMISSIONERS     FOR     THE 
■^'         '  COUNTY  OF  ESSEX  TO  BORROW  MONEY. 

County  commis-      Besolved.     That    the    county    commissioners    for    the 

sioners  of  Ebbcx  '  .'  i  t         ^ 

may  borrow  couuty  of  Esscx  are  authorized  to  borrow,  on  the  credit  of 
°"*'^'  said  county,  a  sum  not  exceeding  fifty  thousand  dollars, 

to  be  expended  in  building  an  addition  to  the  Lawrence 
house  of  correction  and  jail,  at  Lawrence  in  said  county. 

App)roved  May  2,  1873. 

Char)   38     I^ESOLVE  in  favor   of  THE   STATE   LUNATIC   HOSPITAL  AT  TAUNTON. 

Allowance  of  Besolved,  That  there  be  allowed  and  paid  out  of  the 
$125,000  for  treasury,  a  sum  not  exceeding  one  hundred  and  twenty- 
ton  Lunatic'  five  thousand  dollars,  to  be  expended  under  the  direction 
uoc^pitai.  ^^  ^^^  trustees  of  the  Taunton  Lunatic  Hospital,  for  the 

purpose  of  enlarging  the  hospital  and  for  other  necessary 
repairs.  Approved  May  2, 1873. 


Chap.  39 

Allowance  of 


Resolve  in  favor  of  amos  cummings. 

^.uw....u.  Besolved,  That  there  be  allowed  and  paid  out  of  the 

^sT.srtrAmos  treasury,  to  Amos  Cummings  of  Boston,  the  sum  of  one 

CummingB.        jj^^^jj^cd  aud  thirty-scveu  dollars  and  fifty  cents,  in  full 

compensation  for  attendance   at  a  court-martial   and  for 

expenses  incurred  in  the  payment  of  witness  fees. 

Approved  May  6,  1873. 


1873.— Chapters  40,  41,  42,  43,  44.  927 

Resolve  pkovldikg  for  the  expense  of  refitting  a  building  (Jhaj).40. 

IN  PEMBERTON  SQUARE.  -^' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  of 
treasury   a  sum  not  exceeding   fifteen  thousand   dollars,  fining  building 
to    be    exjjeuded    by    the    sergeant-at-arms    under    the  itatif  ^^*^^ 
direction  and  with  the  approval  of  the  commissioners  on 
the  state  house  for  the  pui-pose  of  defraying  the  expenses 
of  altering,    fitting   up    and   fm-nishing   the   building   on 
Pemberton   Square,    in   Boston,    recently   leased  by   the 
state  and  numbered  thirty-three.        Ajjjjroved  May  12, 1873. 

Resolve  in  favor  of  charles  j.  cox.  Chap.  41. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  &r 
treasury,  to  Charles  J.  Cox  of  Duxbury,  the  sum  of  ninety  ^^'^'^  ^*^- 
dollars  for  state  aid.  And  that  on  and  after  the  first  day 
of  April,  in  the  j^ear  eighteen  hundred  and  seventy-three, 
the  said  Charles  J.  Cox  shall  be  taken  and  deemed  to  be 
entitled  to  receive  the  same  amount  of  state  aid  that  he 
would  be  entitled  to,  if  in  receipt  of  a  pension  of  eight 
dollars  per  month.  Approved  May  12, 1873. 

Resolve  in  favor  of  abner  j.  pierce.  Chap.  42. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  AUowancefor 
treasury,  to  the  guardian  of  Abner  J.  Pierce,  for  his  bene-  st'*^'^^*^- 
fit,  the  amount  of  state  aid  to  which  he  would  have  been 
entitled  from  and  after  February  first,  eighteen  hundred 
and  seventy-three,  had  he  been  born  during  the  life  of  his 
father.  Approved  May  12,  1873. 

Resolve  in  favor  of  the  to-wn  of  groton.  Chap.  43. 

Resolved,  That  the  town  of  Groton  be  relieved  from  Relieved  from 
the  obligation  of  maintaining  a  high  school  until  its  lia-  Sgh^^S." 
bility  thereto  shall  be  determined  by  the  next  public 
census  or  by  other  provisions  of  law  ;  and  that  said  town 
be  paid  out  of  the  treasury  its  share  of  the  income  of  the 
Massachusetts  school  fand  for  the  year  ending  in  eighteen 
hundred  and  seventy-two.  Appiroved  May  12, 1873. 

Resolve  in  favor  of  the  towtj  of  belchertown.  Chaj)  44 

Resolved,  That  there  be  allowed  and  paid  out  of  the  ^uo^jmce&r 
treasury,  to   the   town    of  Belchertown,  for  the  relief  of  ^^/^''^g^^g^ 
John  H.  Eaton,  alleged  to  be  a  state  pauper,  whose  wife  pauper. 
has  a  legal  settlement  in  this  Commonwealth,  during  the 
period  of  his  disability,  a  sum  not  exceeding  the  weekly 
rate  paid  to  the  several  cities  and  towns  under  the  second 
section  of  the  two  hundred  and  thirty-fourth  chapter  of 


928  1873.— Chapters  45,  46,  47,  48. 

the  acts  of  eighteen  hundred  and  sixty-six,  and  the  alleged 
facts  shall  be  verified  and  the  account  of  said  town  for 
said  Eaton  shall  be  audited  under  the  direction  of  the 
board  of  state  charities.  Aiyproved  May  12, 1873. 

ChciJ).4:5.  I^ESOLVE  PROVIDING  FOR  THE  CODIFICATION  OF  THE  GENERAI,  LAWS 
"'         '  RELATING  TO  INSURANOE  AND  FOR  OTHER  PURPOSES 

^s^foner  to°""       Resolvecl,  That  the  insurance  commissioner  is  directed 

Sn'^of  °ei^"    ^°  prepare  a  codification  of  the  general  laws  relating  to 

era!  laws  reiat-    insuraucc  aud  insuraucc    companies ;   also  to  investigate 

&c.  '  the  subject  of  the  feasibility  of  any  system  of  state  or 

municipal  insurance,  and  of  the  necessity  of  any  change 

in  the  existing  system  ;  and  to  report  in  print  to  the  next 

general   court   on   or   before   the    second  Wednesday   of 

January,  eighteen  hundred  aud  seventy-four. 

Ax)proved  May  12,  1873. 

ChaV   46.   I^ESOLVE  IN  FAVOR  OF  THE  STATE  NORMAL  SCHOOL  AT  BRIDGE  WATER. 

Allowance  for  Resolved,  That  there  be  allowed  and  paid  out  of  the 
erection  of  addi-  trcasury,  a  sum  not  exceeding  thirty-six  thousand  dollars 
horuse  at  nonnai  for  the  crectioii  of  an  addition  to  the  boarding-house  at 
Bcio^oiat  n  ge-  ^^^  gtatc  uormal  school,  at  Bridgewater,  to  be  expended 
under  the  direction  of  the  board  of  education. 

Approved  May  12,  1873. 
CJia/D'  47.  Resolve  in  relation  to  a  state  norimal  art-school. 

Allowance  for  Resolved,  That  there  be  allowed  and  paid  out .  of  the 
«tete°normai\rt  trcasury,  tlic  sum  of  seventy-five  hundred  dollars  for  the 
school.  expenses  of   a   state  normal  art-school,    the  same  to  be 

expended  under  the  direction  of  the  board  of  education. 

Ap)proved  May  14,  1873. 
CllCiV  48  Resolves  in  favor  of  Walter  and  francis  shanlt. 

Certificate  of  Resolvcd,  That  the  governor  and  council  be  authorized 

conditional  in-    to  issuc  aud  dcHver  to  Walter  Shanly  and  Francis  Shanly, 

QGOtGClnGBS  to  uG  v    ' 

issued  to  con-     couti'actors  for  the  work  of  constructing  the  Hoosac  Tun- 
foMUurting       nel,  certificates  of  conditional  indebtedness  for  the  sum  of 
Hoosac  Tunnel.  ^^^   hmidrcd   thousaud   dollars,  payable   to   the  Messrs. 
Shanly  or  order,  but  to  be  made  payable  only  upon  the 
final   completion    of  the    contract  and  acceptance  of  the 
work  by  the  governor  and  council ;  said  certificates  to  be 
delivered  only  on  the  surrender  of  the  two  hundred  thou- 
sand  dollars    of  certificates   of  conditional  indebtedness 
heretofore  delivered  to  the  Messrs.  Shanly. 
Amount  to  be         Resolved,  That  the  sum  of  two  hundred  thousand  dol- 
the  completion    lars  represented  by  said  certificates  shall  be  reserved  and 

of  the  contract. 


1873.— Chapters  49,  50,  51.  929 

retained  in  the  treasury  of  the  Commonwealth,  and  an 
additional  sum  of  one  hundred  and  fifty  thousand  dollars 
until  the  final  completion  of  the  said  contract  and  accept- 
ance of  the  work  by  the  governor  and  council ;  and  that, 
subject  to  the  said  reservation,  the  full  amounts  already 
earned  or  hereafter  to  be  earned  by  the  Messrs.  Shanly 
shall  be  paid  over  to  them.  But  interest  at  the  rate  of 
five  per  cent,  per  annum  shall  be  charged  to  and  accounted 
for  b}'  the  Messrs.  Shanly,  at  the  completion  of  the  con- 
tract, upon  all  sums  received  by  them  under  this  resolve, 
in  anticipation  of  the  time  when  the  same  would  have 
been  received  by  the  terms  of  the  original  contract. 

Resolved,  That  the  mortgage  heretofore  given  to  the  Mortgage  upon 
Commonwealth  by  the  Messrs.  Shanly  upon  their  tools  discharged!^  ^^ 
and  machinery,  under  the  provisions  of  chapter  forty-seven 
of  the  resolves  of  eighteen  hundred  and  seventy- two,  to 
secure  the  sum  of  one  hundred  thousand  dollars,  be  re- 
leased and  discharged  by  the  treasurer  of  the  Common- 
wealth. '  Approved  May  16,  1873. 


Resolve  DiRECTrxG  the  railroad  commissioners  to  report  to 

THE  KEXT  general  COURT  A  CODIFICATION  OF  THE  RAILROAD 


Chap.iQ, 

LAWS. 

Resolved,  That   the   board   of   railroad   commissioners  Bin  for  codifi. 
present  to  the  next  legislature,  during  the  first  week  of  road^aws'^to  be 
the  session,  a  bill  for  the  codification  of  the  general  laws  presented  to 
relating  to  railroads.  Approved  May  23,  1873. 

Resolve  authorizing  the  trustees  of  the  state  lunatic  hos-  f^jj^,^  Kf) 

PITAL  AT  NORTHAMPTON  TO  EXCHANGE  CERTAIN  LANDS.  KyflClp.  0\J. 

Resolved,  That  the  trustees  of  the  state  lunatic  hospital  May  exchange 
at  Northampton  are  authorized  to  exchange  certain  lands, 
not  exceeding  one  acre,  for  two  small  tracts  now  owned 
by  Messrs.  Wright  and  Rust.  Ai^proved  May  23,  1873. 

Resolve  m  favor  of  the  commissioners  on  the  publication  of  f^j         r-j 

THE  GENL:RAL  statutes.  L'flClp.  ol. 

Resolved,  That  there  be  allowed  and  paid  to  the  com-  Allowance  to 
missioners  on  the  publication  of  the  General  Statutes  ap-  on^ubueation 
pointed  by  chapter  one  hundred  and  forty  of  the  resolves  of  the  General 
of  the  year  eighteen  hundred  and  fifty-nine,  the  sum  of 
five  hundred  dollars  for  their  services  under  chapter  sev- 
enty of  the  resolves  of  the  year  eighteen  hundred  and  sev- 
enty-two, in   the   preparation    and   printing    of  the   new 
edition  of  the  General  Statutes  and  supplements  thereto, 
in  addition  to  the  amount  named  in  the  last  mentioned 
resolve.  Approved  May  23, 1873. 


930 


1873.— Chapters  52,  53,  54,  55,  56. 


C7iap.52. 

Repairs  and  im- 
provements of 
state  house. 


Need  not  have 
headquarters  at 
state  bouse. 


Resolve  providing  for  certain  repairs  and  improvements  of 
the  state  house. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  a  sum  not  exceeding  three  thousand  eight  hun- 
dred and  ninety-five  dollars,  for  repairs  and  improvements 
of  the  state  house,  to  be  expended  by  the  sergeant-at- 
arms,  under  the  direction  and  with  the  approval  of  the 
commissioners  on  the  state  house.     Approved  May  29, 1873. 

Chap.  5^.  Resolve  est  relation  to  the  bureau  of  statistics  op  labor. 
Resolved,  That  so  much  of  chapter  one  hundred  and  two 
of  the  resolves  of  the  year  eighteen  hundred  and  sixty- 
nine  as  requires  the  bureau  of  statistics  on  the  subject  of 
labor  to  have  its  headquarters  in  the  state  house,  is  re- 
pealed. Approved  May  29,  1873. 

Chaj).  54.  Resolve  providing  for  repairs  and  improvements  in  the  state 

"'       '  reform  school. 

Repairs  and  im-      Resolved,  That  there  be  allowed  and  paid  out  of  the 

provements  at  /.        - 1  j-  i  •  •  i     • 

state  reform       trcasury  lor  the  puri3ose  oi  makme:  repairs  and  improve- 

school  at  West  o  i.  i. 

borough.  ments,  introducing  trades,  and  employing  additional  assist- 

ance in  the  state  reform  school  at  Westborough,  the  sum 
of  seven  thousand  five  hundred  dollars,  to  be  expended 
under  the  direction  of  the  board  of  trustees  and  the  super- 
intendent ;  said  appropriation  to  be  payable  upon  properly 
approved  vouchers  filed  with  the  auditor . 

Approved  June  2, 1873. 


Chap.  55. 

Conditional 
allowance  for 
Museum  of 
Comparative 
Zoology. 


Resolve  in  favor  of  the  trustees  of  the  museum  of  compara- 
tive ZOOLOGY. 

Resolved,  That  there  be  allowed  and  paid  from  the 
treasury  to  the  trustees  of  the  Museum  of  Comparative 
Zoology  the  sum  of  twenty-five  thousand  dollars  to  be 
expended  under  the  direction  of  the  trustees  of  said  in- 
stitution for  the  purposes  thereof:  provided,  that  all 
colleges  and  schools  in  this  Commonwealth  shall  have 
equal  right  to  the  enjoyment  of  the  privileges  and  facilities 
of  said  museum ;  and  provided,  also,  that  said  museum 
shall  have  realized  during  the  current  year  a  like  sum  from 
private  donations  ;  a  sworn  certificate  of  which  shall  be 
deposited  with  the  auditor  before  said  sum  of  twenty-five 
thousand  dollars  is  paid  from  the  treasury. 

Approved  Jtme  4,  1873. 
Chav  56  Resolve  in  favor  of  the  Worcester  lunatic  hospital. 

Allowance  of         Resolved,  That  the  sum  of  twenty-five  thousand  dollars 
ff8te?Luniufc'"  ^^  allowcd  and  paid  out  of  the  treasury  to  the  trustees  of 

Hospital. 


1873.— Chaptees  57,  58,  59,  60.  931 

the  Worcester  Lunatic  Hospital,  in  order  to  carry  out  the 
purposes  named  in  chapter  seventy-nine  of  the  resolves 
of  eighteen  hundred  and  seventy-one. 

Approved  June  4, 1873. 

Resolve  to  provide  for  the  paitnient  of  expenses  under  the  QJiqv).  57. 

ACT    TO    provide    FOR    ESTABLISHING    THE    BOUNDARY    LINES    OF  ^' 

THE   STATE   PRISON   LANDS. 

Resolved,  That  the   sum   of  five   hundred   dollars   be  Allowance  for 
allowed  and  paid  from  the  treasury,  upon  the  order  of  boundary  imee 
the  governor,  to  defray  the  expense  of  surveys,  examina-  "fn^***' ^"*°° 
tion  of  titles,  and  the  Commonwealth's  share  of  exiDcuses, 
under  the  act  to  provide  for  establishing  the  boundary 
lines  of  the  state  prison  lands,  approved  May  fifteenth, 
eighteen  hundred  and  seventy-one. 

Approved  June  6,  1873. 


Chap.  58. 


Resolve  to  authorize  the  transfer  of  certain  books  and 

PAPERS   to   the   state   OF  MAINE. 

Resolved,  That  the  commissioners  of  public  lands  be  Books  and 
authorized  to  transfer,  with  the  approval  of  the  governor,  lands  to  be 
to  the  land  agent  of  the  state  of  Maine,  on  his  application  iInd\g"ntof 
therefor,  such  of  the  books,  plans,  field-notes,  and  other  ^^"^^* 
archives  of  Maine  lands,  now  in  their  office,  as  in  their 
opinion  can  be  so  transferred  without  detriment  to  the 
interests  of  this  Commonwealth.         Approved  June  6, 1873. 

Resolve  relative  to  printing  additional  copies  of  the  re-  (JJiar).^^. 

PORT   OF   the   state   BOAKD   OF  AGRICULTURE.  -^^ 

Resolved,  That  hereafter  the  secretary  of  the  board  of  JaTuonai'^*^ 
agriculture  cause  two  thousand  additional  copies  of  the  copies  to  be 
report  of  said  board,  to  be  printed  for  the  use  of  the  legis-  lature. 
latm-e.  Approved  June  6, 1873. 

Resolve  to  reimburse  the  treasury  of  dukes  county.  Cho/p.GO. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  AUowanceof 
treasury,  for  the  purpose  of  reimbursing  the  treasury  of  furse^trel^ry 
Dukes  County,   such  sum  not  exceeding  eight  hundred  coiS^y.^^ 
dollars,  as  it  shall  appear  said  county  has  expended  in 
addition  to  the  sum  of  five  thousand  dollars  appropriated 
by  the  fifth  section  of  chapter  two  hundred  and  thirteen, 
of  the  acts  of  the  year  eighteen  hundred  and  seventy,  for 
the  purpose  of  laying  out  and  constructing  a  road  from 
the  line  of  Chilmark  and  Gay  Head  to  the  light-house  on 
Gay  Head.  Approved  June  10, 1873. 

58 


932  1873.— Chaptees  61,  62,  63,  64,  65. 


(JJiav.&l.  Resolve  assigning  rooms  for  the  state  normal  art  school. 

Rooma  for  State      Resolved,  That  the  sergeant-at-arms  with  the  consent 

ichwf '^'^'       and  approval  of  the  commissioners  on  the  state  house  be 

authorized  to  assign  the  rooms  on  the  third  floor  of  the 

house  number  thirty-three  Pemberton  Square,  to  the  board 

of  education  for  the  use  of  the  State  Normal  Art  School. 

Ax)X>roved  June  11, 1873. 


Chap.62. 


Resolve  to  supply  the  fifth  light  battery  with  a  safe  and 
serviceable  armament. 
Fifth  battery  to       Resolved,  That   the  adiutant-o-eneral  of  the  Common- 
with  two  addi-    wealth  be  instructed  to  furnish  the  fifth  liglit  battery  of  the 
guns.       j^\j.^  brigade  of   the    militia   with   two    additional    ten- 
pounder  parrott  guns,  in  place   of  the  unserviceable  six- 
pounder  bronze  guns,  now  in  their  possession,  at  a  cost 
not  to  exceed  five  hundred  dollars.     The  adjutant-general 
is  instructed    to    cause    said    unserviceable    six-pounder 
bronze  guns  to  be  broken  up  and  sold. 

Apjjroved  June  11,  1873. 

(JJiav.Gd.  Resolve  in  favor  of  henry  f.  hale. 

Allowance  for         Hesolved,  That  there  be  allowed  and  paid  out  of  the 

injuries  received  trcasurv   to   Heurv  F.  Hale  the    sum   of  three   hundred 

while  perform-  t    /.  i  •  -i      • 

ing  military       dollars,    to   dciray   the   necessary   expenses    mcurred   in 
^^'  consequence    of    the    loss    of   an    arm,    which    occurred 

while  in  the  discharge  of  his  duty  as  a  member  of  the 
fourth  battery  of  light  artillery ;  and  that  from  and  after 
the  first  day  of  July  of  the  present  year  there  be  allowed 
and  paid  to  him  the  sum  of  twenty  dollars  per  month. 

Apxiroved  June  11,  1873. 

Chap.  04:.  Resolve  in  favor  of  alfred  bradbury. 

Allowance  for         Resolved,  That  there  be  allowed  and  paid  out  of  the 

wMe^perform!*^  trcasury  to  Alfred  Bradbury  the  sum  of  one  hundred  and 

du^""""'*'^^       fifty  dollars,  to  defray  the  necessary  expenses  incurred  in 

consequence  of  and  in  compensation  for  the  loss  of  a 

thumb,  which  occurred  while  in  the  discharge  of  his  duty 

as  a  member  of  the  fourth  light  battery. 

Ajjjyroved  Jwie  11,  1873. 

Chart  65  Resolve  to  authorize  certain  expenditures  in  connection 
-^*  *  with  the  building  in  pemberton  square,  leased  by  the 
state. 
Allowance  for  Resolvcd,  That  the  commissioners  on  the  state  house  be 
building  for  use  autliorizcd  to  cxpcud  a  sum  not  exceeding  five  thousand 
of  state  police.    ^^-^^^^^^    j^    mhig    up    the    bascmcut    of   the    building 

numbered  thirty-three,  Pemberton  Square,  for  the  use  of 


1873.— Chapter  66.  933 

the  state  police ;  and  a  further  sum  not  exceeding  one 
thousand  six  hundred  and  eighty-seven  dollars,  for 
incidental  eij^penses,  fuel  and  lights,  janitor,  and  water 
rates  in  connection  with  said  building,  and  said  sums  are 
hereby  appropriated.  Aj)proved  June  12, 1873. 

Resolve  relative  to  the  bureau  of  statistics  of  labor.       ChciV.66. 

Resolved,  That  in  addition  to  the  sum  of  five  thousand  Allowance  for 
dollars  heretofore  appropriated  for   the  purposes   of  ex-  cfe^kaTser^ces. 
penses  and  clerical  services  of  the  bureau  of  statistics  of 
labor,  there  be  allowed  and  paid  out  of  the  treasury  the 
further  sum  of  twenty-five  hundred  dollars,  which  sum  is 
hereby  appropriated.  Approved  June  12, 1873. 


The  General  Court  of  1873  passed  three  hundred  and  seventy- 
eight  Acts,  and  sixty-six  Resolves,  which  received  the  approval  of  the 
Governor.  In  addition  to  these,  "An  Act  in  relation  to  the  Lee  and 
New  Haven  Railroad  Company"  was  laid  before  the  Governor  for  his 
approval,  and  was  returned  by  him  to  the  House,  in  which  body  it 
originated,  with  his  objections  thereto ;  and  being  put  upon  its  final 
passage,  in  the  manner  provided  by  the  Constitution,  two-thirds  of 
the  members  present  and  voting  thereon  having  failed  to  "  agree  to 
pass  the  same"  it  was  declared  lost,  and  thereby  without  force  and 
effect.  A  "Resolve  in  favor  of  Asahel  P.  Squires"  was  laid  before 
the  Govei'uor,  and  having  failed  of  his  approval,  and  not  having  been 
returned  within  five  days  after  receiving  the  same,  the  legislature  not 
having  adjourned  in  the  meantime,  said  Resolve  acquired  the  force 
of  law,  and  has  been  so  certified. 

The  Acts  may  be  classified  as  follows :  General  Statutes,  or  Acts 
of  a  public  character,  TWO  hundred  and  nineteen  ;  Special  Acts 
relating  to  private  property,  persons  and  corporate  bodies,  one  hun- 
dred AND    FIFTY-NINE. 

The  Legislature  was  prorogued  on  Thursday,  June  12,  the  session 
having  occupied  one  hundred  and  sixty-three  days. 


INAUGURAL  ADDRESS 


HIS  EXCELLENCY  WILLIAM  B.  WASHBUKN. 


At  twelve  o'clock  on  Thursday,  the  second  day  of  Janu- 
ary, His  Excellency  the  Governor,  accompanied  by  his 
Honor  the  Lieutenant-Governor,  the  members  of  the 
Executive  Council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint  com- 
mittee of  the  two  Houses,  met  the  Senate  and  House  of 
Representatives,  in  Convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  Senate  and  of 

the  House  of  Representatives: 
In  accordance  with  the  will  of  the  people,  we  have 
assembled  here  to  assume  the  duties  of  the  executive  and 
legislative  branches  of  the  government  of  the  Common- 
wealth for  the  current  year.  As  we  stand  upon  the  thres- 
hold of  this  new  epoch,  with  gratitude  in  our  hearts  for 
the  abundant  mercies  of  the  past,  let  us  look  to  Him,  the 
source  of  all  power,  for  wisdom  and  courage  to  meet  the 
responsibilities  of  the  future,  and  dedicate  ourselves  in  all 
sincerity  to  resolute  and  vigilant  faithfulness  in  the  tasks 
set  for  our  performance. 

StHMMARY   OF   FINANCE. 

While  disaster  has  seriously,  though  temporarily,  crip- 
pled and  embarrassed  many  of  the  industrial  and  commer- 
cial interests  of  the  Commonwealth,  her  public  finances 
exhibit  gratifying  evidence  of  thrift  and  security.  Under 
the  wise  and  provident  policy  of  the  State, — creating 
ample  sinking  funds  for  the  liquidation  of  every  maturing 


936  Goveenor's  Address. 

instalment  of  the  public  debt, — more  than  three  millions 
of  the  funded  liabilities  have  been  extinguished  during  the 
past  year,  without  recourse  to  ordinary  revenue,  taxation 
or  temporary  loans.  The  amount  thus  retired  included 
upwards  of  two  and  a  half  millions  of  the  Massachusetts 
5-20  War  Fund  Loan  not  absolutely  maturing  till  1886, 
but  which  the  surplus  accumulation  of  the  sinking  fund 
established  for  its  payment  rendered  it  advisable  to  antici- 
pate. With  an  addition  of  more  than  a  million  to  the 
Troy  and  Greenfield  Railroad  and  Hoosac  Tunnel  Loan, 
by  a  further  issue  of  scrip  on  that  account,  there  still 
remains  a  net  reduction  of  the  funded  debt  of  the  Com- 
monwealth amounting  to  nearly  two  millions  of  dollars. 
The  appended  statement  exhibits  the  transactions  of  the 
year  in  this  connection  ; — 

Funded  debt,  January  1,  1872,     .         .     S29,629,364  00 

Amounts  liquidated  during  the  year  : — 

Massachusetts  War  Fund 

loan,  .         .  .  $2,551,500  00 

Union  Fund  loan,  1861,  363,700  00 
State  Almshouse  loan,  .  100,000  00 
Loan   of  1861   (funding 

debt),        .         .         .        100,000  00 


3,115,200  00 


Balance  remaining,         .         .         .     $26,514,164  00 

Added  during  the  year  on  account  of  the 
Troy  and  Greenfield  Railroad  and 
Hoosac  Tunnel  loan,  .         .         .         1,178,540  00 


Total, $27,692,704  00 

With  these  changes,  the  existing  debt, 
all  of  which  is  funded,  may  be  thus 
classified : — 

Railroad  loans,      .  $13,303,016  00 

War  loans,    .         .  .  13,519,688  00 

Ordinary  loans,     .  .        870,000  00 

Funded  debt,  . $27,692,704  00 


Govekn-or's  Address.  937 

The  only  unfunded  liabilities  remaining  consist  of  small 
sums,  for  the  payment  of  which  the  treasury  is  amply 
provided. 

With  the  extinguishment  in  1872  of  the  last  instalment 
of  the  loan  of  1861  for  funding  the  public  debt,  there 
remain  now  no  funded  liabilities  for  the  payment  of  which 
the  State  has  not  provided  a  sinking  fund  ;  and  any  deficit 
likely  to  occur  in  one  or  two  of  these  funds  can  be  easily 
supplied,  either  by  transfer  of  surplus  accumulations,  or 
from  other  available  resources. 

During  the  present  year  $425,000  more  of  the  funded 
debt  will  reach  maturity,  viz.  :  of  the  Union  Fund  Loan, 
$300,000  ;  State  House  Enlargement  Loan,  $65,000  ;  and 
Almshouse  Loan,  $60,000, — all  of  which  will  be  paid 
from  their  several  sinking  funds. 

The  Finances  of  1873. 

Accepting  the  results  of  the  past  year  as 

a  basis  of  judgment  for  the  present, 

the  ordinary  revenues    of  the    State 

may  be  estimated  at  .  .  .  .  $2,300,000  00 
Adding  to  this  sum  the  unexpended  cash 

on   the  same   account,  will   put   the 

treasury  in  possession  of  something 

like $2,900,000  00 

The  ordinary  expenses  of  the  year,  esti- 
mated upon  present  information,  can 

scarcely  be  less  than  .         .         .       $4,420,000  00 

With  the  material  reduction  of  ordinary  revenues  under 
the  repealing  legislation  of  1872,  the  amount  necessary  to 
be  raised  by  a  state  tax  may  not  be  less  than  two  millions 
of  dollars,  exclusive  of  any  provision  for  temporary 
emergencies  or  special  grants  by  the  present  legislature. 

THE   TUNNEL   AND   ITS   CONNECTIONS. 

The  opening  of  the  Hoosac  Tunnel  from  the  eastern 
portal  to  the  central  shaft,  which  event,  as  you  are  already 
aware,  took  place  on  the  twelfth  ultimo,  with  scarcely  an 
appreciable  difierence  in  the  working  lines  from  the  two 
faces,  must  have  demonstrated  the  entire  practicability  of 
this  great  enterprise  to  the  most  sceptical  mind. 

The  unprecedented  flow  of  water  from  the  heading  west 


938  Governor's  Address. 

of  the  central  shaft,  obliged  the  contractors  to  discontinue 
work  at  that  point  some  six  months  ago.  The  completion 
of  the  connection  eastward  affords  natural  drainage,  and 
they  will  soon  be  relieved  from  delay  or  expense  on  that 
account.  In  a  few  months  the  tunnel  will  be  finished  to 
the  shaft  from  the  eastern  portal,  and  thenceforward  the 
work  will  be  confined  to  two  faces.  Between  the  shaft 
and  the  western  portal  there  now  remains  about  3,125  feet 
of  rock  to  penetrate,  and  through  this  the  contractors, 
who  have  prosecuted  their  labors  during  the  season  with 
commendable  diligence,  expect  to  have  an  opening  some 
time  before  the  end  of  the  present  year.  In  order  to 
present  the  tunnel  in  a  completed  state  at  the  expiration 
of  the  contract,  it  will  be  necessary  to  push  forward  every 
branch  of  the  work  with  the  utmost  energy. 

Under  chapter  47,  Resolves  of  1872,  there  has  been 
advanced  to  the  Messrs.  Shanly  since  the  adjournment  of 
the  last  legislature,  the  sum  of  $100,000  from  the  reserve 
fund,  to  secure  the  payment  of  which  a  mortgage  of  their 
tools  and  machinery  was  taken.  There  has  also,  under 
the  second  clause  of  said  Resolve,  been  issued  to  them 
certificates  of  indebtedness  to  the  amount  of  $200,000, 
payable  without  interest  on  the  completion  and  acceptance 
of  the  tunnel. 

The  Commonwealth  should  immediately  prepare  itself 
to  reap  every  legitimate  benefit  to  which  it  will  be  entitled 
upon  the  consummation  of  this  vast  undertaking.  By 
means  of  the  tunnel  our  chief  city  may  not  only  be 
brought  into  shorter  and  more  direct  communication  with 
the  great  lakes  of  the  West,  but  through  this  channel 
Chicao-o  will  be  brought  nearer  to  the  tide-water  of  our 
own  State  than  it  now  is  to  New  York  city.  In  this  view 
of  the  matter,  the  interests  at  stake  are  of  such  conse- 
quence that  they  cannot  properly  be  remitted  to  a  careless 
or  secondary  consideration. 

While  the  tunnel  proper  has  been  well  constructed,  the 
road  thereto  from  Greenfield,  like  all  others  of  which  the 
engineer  and  contractor  are  one  and  the  same  person,  is 
wholly  unfit  for  any  considerable  traffic.  Built  for  a 
temporary  purpose,  and  in  the  cheapest  possible  manner, 
the  necessities  of  the  immediate  future  require  an  improve- 
ment of  the  grade  at  many  points,  a  straightening  of  the 
location  at  others,  a  protection  of  the  embankments,  an 
enlargement  and  a  strengthening  of  the  bridges  and  cul- 


Governor's  Address.  939 

verts,  and  a  general  renewal  of  the  road-bed  and  super- 
structure. Furthermore,  a  considerable  expenditure  must 
soon  be  made  upon  the  Fitchburg  and  the  Vermont  and 
Massachusetts  roads  if  we  would  avail  ourselves  of  the 
opportunities  to  be  aflbrded  by  the  tunnel.  In  the  loca- 
tion of  the  Vermont  and  Massachusetts  changes  are  re- 
quired to  shorten  the  distance,  improve  the  grade,  and 
lessen  the  number  of  bridges,  while  the  road-bed  and 
superstructure  must  be  in  great  part  renewed,  and  a 
double  track  laid  for  the  whole  or  a  portion  of  its  length. 
Without  commenting  on  the  general  management  of  the 
Fitchburg  road,  it  must  be  said  that  its  equipment  is  not 
equal  to  the  necessities  of  a  greatly  increased  business  ; 
its  facilities  need  to  be  multiplied  at  least  fom'fold,  by  the 
construction  of  several  first-class  grain  elevators,  and  the 
adoption  of  various  approved  appliances  for  receiving  and 
handling  freight. 

What  shall  be  done  to  secure  the  requisite  improvements 
on  these  several  roads,  so  that  the  Commonwealth  may 
obtain  the  business  naturally  coming  to  the  seaboard  by 
way  of  the  tunnel,  is  one  of  the  most  important  questions 
now  waiting  legislative  answer.  Properly  managed,  this 
line  from  Boston  to  the  State's  western  frontier  will  be 
one  of  the  best  investments  ever  made.  I  am  fully  per- 
suaded it  cannot  be  operated  to  the  satisfaction  of  the 
public  while  in  the  hands  of  several  separate  organiza- 
tions. To  secure  efficiency  of  action  and  direct  responsi- 
bility, the  entire  route  must  be  brought  under  the  im- 
mediate control  of  one  body,  and  be  operated  by  one  head. 
And  in  my  judgment  the  necessary  improvements  are 
more  likely  to  be  made  in  a  proper  manner  by  one  au- 
thority working  for  the  general  interest,  than  by  several 
working  each  for  its  own  specific  interest.  I  am  in  favor, 
therefore,  of  the  early  consolidation  of  these  roads  so  that 
they  may  be  operated  and  managed  as  a  single  line. 

I  very  well  know  that  serious  objections  to  such  a  com- 
bination exist  in  many  minds.  There  is  a  fear  that  the 
railway  interest,  already  so  powerful  that  it  frequently 
exercises  an  injurious  influence  upon  legislation,  will  be 
rendered  even  more  dangerous  by  such  a  union.  But  the 
practical  question  in  this  exigency  is  simply  whether  one 
corporation  will  be  more  or  less  dangerous  to  the  public 
welfare  than  three  or  four.  It  seems  to  me  that  there 
wiU  be  greater  difficulty  in  contending  with  several  organ- 

59 


940  Governor's  Address. 

izations,  each  proud  of  its  independence,  but  ready  to 
shirk  its  responsibility,  and  swift  to  combine  with  the 
others  to  carry  any  desired  measure,  than  with  one  con- 
trolled by  a  single  head  which  can  be  made  accountable  to 
the  people  and  the  legislature  for  its  acts.  And  no  one  at 
this  day  doubts  that  an  unbroken  line  is  more  efficiently 
managed  by  one  corporation  than  by  several.  Looking 
at  the  problem  from  every  point  of  view,  and  carefully 
weighing  all  the  advantages  and  disadvantages  of  either 
solution,  I  am  decided  in  the  conviction  that  the  tunnel 
route  should  be  consolidated  at  the  earliest  practicable  day. 

In  providing  for  this  consolidation,  as  in  chartering  any 
new  line,  the  Commonwealth  does  not  abdicate  its  supreme 
authority  in  the  premises.  The  corporation  will  be  but 
the  servant  of  the  State,  entrusted  with  certain  powers  to 
be  used  for  the  public  good.  If  at  any  time  it  becomes 
false  to  its  trust,  and  uses  those  powers  for  private  and 
selfish  ends  to  the  detriment  of  the  general  welfare,  it  will 
be  the  duty  of  the  State  to  resume  its  own. 

I  trust  your  honorable  bodies  may  be  able  to  frame  an 
equitable  Act  of  Consolidation  which  will  be  accepted  by 
the  roads  interested  in  good  faith.  Should  either  of  them 
refuse  to  accept  the  legislative  terms  proposed  after  care- 
ful consideration  of  the  whole  issue,  much  as  I  should 
regret  the  necessity  for  such  a  procedure,  the  interests  of 
the  State  are  so  manifold  and  imperative  that  I  see  nothing 
for  her  to  do  but  take  the  matter  into  her  own  hands, — 
the  end  of  paramount  importance  being  to  put  the  entire 
line  in  readiness  as  soon  as  possible  for  the  great  work 
coming  to  it  with  the  completion  of  the  tunnel. 

As  the  funds  for  building  the  tunnel  are  drawn  from  the 
public  treasury,  we  must  take  care  that  the  line  using  it 
does  not  become  a  monopoly.  Provision  should  be  made 
in  the  act  of  consolidation  for  harmonious  relations  with 
connecting  and  neighboring  lines.  Every  other  road  in 
the  State  so  desiring  to  do  should  be  allowed  to  intersect 
the  through  line  and  receive  and  discharge  freight  and 
passengers  on  a  fair  and  an  equitable  basis,  that  it  in 
turn  may  be  enabled  to  deliver  to  the  dwellers  along  its 
route  a  portion  of  the  benefits  of  this  new  avenue  for 
commerce  and  transportation.  With  the  proposed  con- 
solidation effected,  and  these  distributing  agencies  made 
possible,  I  doubt  not  we  shall  speedily  find  the  tunnel 
route  a  favorite  with  shippers  and  travellers,  and  a  great 
source  of  revenue  and  advantage  to  our  people. 


Governor's  Address.  9^1 


THE    GENERAL    RAILROAD    LAW. 

So  far  as  I  can  learn,  the  general  railroad  Act  passed 
last  spring  has  fully  realized  the  hopes  of  its  friends. 
While  on  the  one  hand  no  company  has  organized  under 
it,  on  the  other  hand  it  has  not  prevented  the  building  of 
any  road  deemed  necessary  by  the  community.  It  retards 
no  legitimate  enterprise,  has  been  of  salutary  influence 
upon  existing  roads,  and  works  injury  to  no  section  of 
the  Commonwealth.  It  has  received  the  approval  of  the 
public,  is  recognized  as  an  important  step  in  the  right 
direction,  and  responds  to  the  growing  conviction  among 
the  people  that  legislation,  as  far  as  practicable,  should 
seek  the  benefit  of  the  many  rather  than  of  the  few. 

Doubtless  special  Acts  will  be  sought  at  your  hands  to 
secure  special  advantages  ;  but  these  must  be  denied  if  the 
vitality  of  the  general  Act  is  to  be  maintained.  Should 
privileges  or  restrictions  not  embraced  in  that  law  be 
requested,  you  may  wisely  consider  whether  the  statute  is 
not  open  to  amendment  without  detriment  to  its  general 
application. 

Your  predecessors,  impressed  with  the  danger  of  rail- 
way crossings  at  grade,  and  convinced  that  such  crossings 
might  mostly  be  avoided  with  little  additional  expense, 
declared  against  them  in  the  general  law.  This  provision, 
though  having  a  commendable  end  in  view,  seems  to  me 
of  doubtful  wisdom.  Under  our  broad  system  of  railroad 
network,  instances  will  occur  where  it  is  all  but  impossi- 
ble to  avoid  such  crossings,  and  where  there  would  be 
little  danger  therefrom.  It  does  not  appear  to  be  a  legis- 
lative function  to  determine  when  such  an  exigency  has 
arisen.  The  question  is  simply  one  of  fact,  to  be  settled 
by  personal  inspection,  eminently  requiring  personal  re- 
sponsibility ;  and,  in  my  opinion,  the  determination  of 
the  issue  should  be  entrusted  to  a  tribunal  that  can  pass 
upon  the  exigency  at  any  time.  I  therefore  suggest  the 
propriety  of  an  amendment,  authorizing  the  railroad  com- 
missioners to  permit  such  crossings  when  in  their  judg- 
ment the  public  interest  so  requires. 

THE    LABOR    BUREAU. 

Three  annual  reports  by  the  Bureau  of  Labor  Statistics 
have  been  laid  before  the  public,  and  the  fourth  will  be 


942  Goyernoe's  Address. 

submitted  to  you  in  due  time.  Those  who  were  most  in- 
strumental in  the  creation  of  this  bureau  generally  admit 
that  it  has  not  fulfilled  their  expectations.  Nearly  every 
branch  of  the  labor  movement  has  openly  and  decidedly 
expressed  dissatisfaction  with  its  methods  and  its  results, 
and  I  am  not  aware  that  capitalists  and  employers  have 
expressed  any  particular  gratification  therewith.  What 
course  shall  be  pursued  in  reference  to  this  department,  is 
a  question  that  challenges  your  careful  and  thoughtful 
deliberation. 

While  it  may  be  confessed  that  the  investigations  of  the 
bureau  have  not  been  so  thorough  and  complete  as  to 
commend  its  conclusions  to  universal  assent,  it  must  be 
borne  in  mind  that  its  reports  contain  our  only  official 
statements  on  the  subjects  of  which  they  treat,  and  have 
been  printed  and  circulated  by  public  authority.  They 
are  referred  to  now,  and  will  be  referred  to  hereafter,  by 
those  seeking  information  as  to  the  social  condition  of 
Massachusetts.  They  have  been  cited,  and  will  again  be 
cited,  in  the  debates  of  Congress  upon  measures  proposed 
for  the  protection  and  enlargement  of  our  industries,  as 
showing  how  the  benefits  of  such  protection  are  distribut- 
ed. If  they  give  a  false  or  partial  picture  of  the  relations 
of  labor  to  capital  in  our  Commonwealth,  the  remedy  for 
complaint  on  this  head  must  be  sought,  not  in  discontinu- 
ing the  investigation  upon  which  we  have  entered,  but  in 
lifting  it  to  higher  and  broader  level,  making  it  more 
thorough,  and  conducting  it  with  larger  aims. 

Whether  a  laborer  can  accomplish  as  much  in  one  hour 
as  he  can  in  two,  whether  the  machinery  in  a  well-managed 
factory  can  turn  out  as  many  yards  of  cloth  in  eight  hours 
as  in  ten — these  problems  the  Massachusetts  Yankee  may 
safely  be  left  to  solve  for  himself  without  official  aid  or 
prompting.  But  we  ought  approximately  to  know,  for 
instance,  how  many  grown  persons  there  are  in  the  State, 
not  prevented  from  labor  by  vice,  indolence  or  physical 
infirmity,  who  cannot  procure  comfortable  homes  for 
themselves  and  their  dependents,  fair  education  for  their 
children,  adequate  provision  for  sickness  and  old  age,  and 
sufficient  leisure  for  the  comprehension  and  discharge  of 
the  duties  of  citizenship.  The  incapacity  to  procure  this 
is  poverty.  We  ought  to  know  whether  the  proportion 
of  such  persons  is  increasing  or  diminishing, — whether 
our  legislation  hastens  or  can  be  made  to  hasten  the  de- 


Goveenor's  Address.  943 

crease  or  counteract  the  increase.  If  there  is  carried  on 
in  the  State  any  business  so  unremunerative  that  it  will 
not  permit  the  employers  to  pay  those  employed  such 
wages  as  are  necessary  to  keep  them  from  poverty,  how- 
ever desirable  that  business  may  be,  it  ought  to  cease. 
And  surely  we  ought  to  know,  if  it  be  possible  to  ascer- 
tain, whether  there  are  really  among  us  employers  who 
are  laying  up  great  riches  for  themselves  by  keeping  their 
employes  in  a  condition  of  impoverished  dependence. 

In  order  to  secure  statistical  information  on  these  and 
other  related  issues,  diflferent  instrumentalities  from  those 
now  in  use  will  be  required.  A  schedule  should  be  care- 
fully prepared  by  the  legislature,  with  the  aid  of  com- 
petent assistance,  indicating  the  facts  desired  from  every 
city  and  town  in  the  Commonwealth.  In  the  small  towns 
these  facts  might  be  gathered  by  the  assessors ;  in  the 
larger  towns  under  the  direction  and  superintendence  of 
the  selectmen;  and  in  the  cities,  by  wards,  through  ap- 
pointees of  the  mayor  and  aldermen.  Special  returns 
should  also  be  required  from  all  the  savings  banks  and 
such  other  institutions  as  can  throw  light  on  the  general 
inquiry.  Statistics  from  a  few  scattered  points  or  isolated 
establishments  will  not  suffice ;  they  must  be  compre- 
hensive, or  the  conclusions  founded  on  them  will  be  value- 
less and  misleading. 

There  may  be  objections  to  the  plan  thus  suggested  for 
solving  the  difficulty  in  which  we  now  find  ourselves.  K 
your  honorable  bodies  will  present  a  better  one  I  shall  be 
most  happy  to  join  you  in  its  adoption.  But  in  my  judg- 
ment, neither  the  well-being  of  our  people  nor  the  good 
name  of  our  State  will  permit  us  to  rest  in  non-action. 
The  relations  of  capital  and  labor,  of  employer  and  em- 
ployes,— these  are  issues  that  will  not  down  at  any  man's 
bidding.  The  questions  they  present  are  among  the 
gravest  and  most  vital  of  the  time  ;  they  cannot  be  thrust 
aside  ;  they  will  be  heard  ;  they  must  be  discussed  ;  they 
justly  insist  upon  a  practical  answer. 

THE    STATE    PKISON. 

By  a  Eesolve  of  the  last  General  Court  the  Inspectors 
of  the  State  Prison  were  required  to  submit  to  you  a 
special  report  concerning  that  institution — embodying 
facts,    figures   and    opinions   as   to   the   practicability   of 


944  Governor's  Address. 

enlarging  and  improving  the  buildings  now  occupied,  and 
as  to  the  policy  of  selling  the  property  in  Charlestown 
and  putting  up  a  new  prison  at  another  point.  In  obey- 
ing this  order  of  the  legislature  the  inspectors  have 
incurred  a  slight  necessary  expense,  for  the  payment  of 
which  I  cannot  doubt  you  will  cheerfully  make  provision. 
Their  report  is  to  be  submitted  at  an  early  date.  The 
question  which  it  will  present  for  your  consideration  is  one 
of  great  importance,  and  I  ask  you  to  give  to  its  deter- 
mination your  best  judgment  and  calmest  forethought. 

Society  rightfully  demands  the  restraint  and  correction 
of  criminals.  Its  welfare  is  imperilled  by  attempts  to 
shield  the  violators  of  law  from  merited  doom.  The 
certainty  of  punishment  is  one  of  the  guarantees  of  safety. 
But  we  by  no  means  discharge  our  full  duty  when  we 
enact  laws  for  the  punishment  of  offenders  and  provide  a 
place  for  their  confinement.  Even  in  their  worst  state 
they  are  men  with  necessities  and  possibilities  for  which 
we  must  have  regard.  "We  are  ourselves  guilty  of  in- 
humanity if  we  wilfully  neglect  what  is  requsite  to  their 
health  while  restrained  of  freedom.  And  we  ought 
always  to  keep  their  reformation  before  our  minds  as  an 
object  of  hope  and  purpose.  As  a  means  to  the  first  of 
these  ends,  we  must  have  light,  ventilation,  good  drain- 
age, and  other  conditions  on  which  physical  vigor  depends. 
As  an  essential  to  success  in  reformatory  endeavor,  we 
must,  in  my  judgment,  have  a  classification  of  prisoners 
and  a  graded  system  of  government. 

Whether  any  reasonable  expenditure  on  the  existing 
State  Prison  will  make  it  such  an  institution  as  becomes 
this  Commonwealth,  is  the  question  first  to  be  considered. 
The  inspectors,  after  careful  examination,  are  of  the 
opinion  that  an  appropriation  of  not  less  than  $150,000 
will  be  required  for  necessary  changes  and  repairs.  Con- 
siderable improvements  of  one  kind  or  another  might 
undoubtedly  be  made  by  a  judicious  use  of  this  amount. 
But  the  plan  of  the  establishment  is  so  radically  at  fault, 
that  its  culinary  afifiirs  must  always  be  carried  on  at  a 
great  disadvantage.  The  ventilation  of  the  building  is 
very  imperfect,  and  its  deficiencies  in  this  regard  can  be 
no  more  than  partially  remedied.  Moreover,  the  drain- 
age ot  the  site  is  wholly  inadequate,  and  the  tide- water 
rises  to  a  point  so  nearly  on  a  level  with  the  floors  of  the 
building,   that   it  is  impossible  to    secure  the  necessary 


Governor's  Address.  945 

outflow.  There  is  an  alarming  prevalence  of  pulmonary 
disease  in  the  institution,  and  the  number  of  fatal  cases 
of  illness  is  much  greater  than  formerly.  And  the 
gravest  objection  of  all  that  may  be  urged  against  this 
building  is,  that  no  proper  classification  of  prisoners  can 
be  made  within  its  walls.  The  warden  performs  his 
diflSicult  duties  with  vigor  and  discretion,  but  the  situation 
is  such  that  he  can  do  only  a  small  part  of  what  it  is 
desired  to  accomplish. 

The  inspectors  fix  the  value  of  the  present  prison 
property  at  about  $800,000.  They  will  submit  a  plan,  in 
general  outline,  for  a  new  prison,  with  the  figures  of  an 
architect  as  to  its  probable  cost.  From  these  data,  with 
an  allowance  for  land,  depending  on  quantity  and  location, 
a  fair  estimate  can  be  formed  of  the  necessary  expense 
that  will  ensue  upon  a  determination  to  abandon  what  we 
now  have  and  establish  the  prison  elsewhere.  Figures, 
however,  constitute  but  one  of  the  elements  in  the 
problem  to  be  solved,  and  the  fact  that  it  will  cost  some- 
what more  to  build  on  another  site  than  to  enlarge  and 
repair  on  the  present,  cannot  be  a  very  weighty  argument 
against  the  proposed  policy  if  the  faults  and  deficiencies 
of  the  existing  prison  are  without  remedy. 

While  of  the  opinion  that  the  site  now  occupied  is  unfit 
for  the  purpose,  I  still  deem  it  advisable  that  our  State 
Prison  should  be  located  in  the  neighborhood  of  our  chief 
city,  from  which  a  majority  of  its  inmates  come.  It 
should  be  placed  in  a  healthy  situation,  upon  dry  soil, 
where  perfect  drainage  will  be  possible,  and,  for  the  con- 
venience of  oflicials  and  those  humanely  interested  in  the 
welfare  of  prisoners,  on  the  line  of  a  good  double-track 
railroad.  Connected  with  it  should  be  twenty-five  or 
thirty  acres  of  land,  afibrding  room  for  large  and  well- 
ventilated  workshops,  and  furnishing  out-door  occupation 
for  prisoners  at  such  times  as  health  requires  open-air 
exercise.  Of  course  the  buildings  should  be  of  the  most 
approved  plan  in  every  respect,  with  capacity  equal  to 
probable  future  demands  as  well  as  those  of  the  present 
time. 

In  the  Charlestown  institution  proper  separation  of 
prisoners  cannot  possibly  be  made.  The  young  man  of  a 
single  crime,  for  which  the  charitable  heart  may  perhaps 
find  more  or  less  extenuation,  is  necessarily  confined  in 
immediate  proximity  to  the  most  hardened  and  hopeless 


946  Goveenor's  Addeess. 

crimiuals.  All  his  surroundings  minister  to  evil  tenden- 
cies ;  the  associations  of  the  corridor  and  workshop  are 
contaminating ;  the  very  atmosphere  he  breathes  every 
day  of  his  confinement  is  polluted.  Thus  condemned  to 
contact  and  fellowship  with  vice,  his  mental  and  moral 
condition  on  leaving  prison  is  too  often  worse  than  when 
he  entered.  Surely  the  Commonwealth  cannot  permit 
this  state  of  afiairs  to  exist  much  longer.  Enlightened 
men  and  women  on  every  side  are  satisfied  that  a  work  of 
reform  must  be  undertaken.  The  basis  of  reform  lies  in 
separation  and  classification.  Those  who  have  but  just 
entered  on  vicious  courses  must  not  be  compelled  to 
constant  association  with  those  who  have  become  veterans 
in  crime. 

With  the  separation  that  might  be  secured  in  planning 
and  erecting  a  new  prison,  would  come  the  opportunity 
for  a  graded  system  of  management.  In  the  highest 
grade  might  perhaps  be  placed  those  guilty  of  but  a 
single  oifence,  as  well  as  those  whose  good  conduct  and 
purpose  to  reform  entitled  them  to  recognition.  In  the 
lowest  grade  would  necessarily  be  habitual  and  hardened 
offenders,  whose  evil  passions  must  be  kept  in  check  by 
stern  and  rigorous  punishment.  Between  those  two 
should  be  at  least  one  intermediate  grade,  with  a  chance 
for  promotion  from  the  lowest  to  the  highest,  and  a 
certainty  of  degradation  for  cause  from  the  highest  to  the 
lowest.  To  those  in  the  upper  grade  should  be  accorded 
comforts  and  privileges  uniformly  denied  to  those  in  the 
lower  grades,  so  that  an  incentive  to  good  conduct  and 
genuine  reformation  would  continually  exist.  Thus  the 
majority  of  prisoners  might  be  inspired  with  the  hope  of 
bettering  their  condition  in  the  prison  ;  and  the  fact  that, 
when  they  left  it  by  expiration  of  sentence,  they  were  in 
the  upper  grade,  would  be  a  recommendation  to  the 
community ;  while  the  fact  that  a  released  convict  came 
from  one  of  the  lower  grades,  would  lead  the  public  to  be 
on  its  guard. 

I  deeply  feel  that  some  plan  of  this  sort  ought  to  be 
adopted  in  the  prison.  I  have  sketched  it  in  the  merest 
outline,  but  it  would  not  be  difficult  to  complete  the 
detail  if  we  had  a  properly-built  institution.  Whatever 
has  been  said  of  our  prison  system  in  the  past,  it  is  very 
far  from  being  what  our  present  stage  of  civilization 
demands.     The  plan  I  have  suggested  has   two  specific 


Governor's  Address.  947 

ends  in  view  :  it  makes  punishment  a  direct  and  obvious 
sequence  of  conduct,  and  reformation  materially  as  well 
as  spiritually  desirable.  I  very  well  comprehend  that  no 
system  can  guarantee  the  complete  restoration  of  criminals 
to  integrity,  but  good  men  and  women  would  have  special 
euccairagement  to  help  such  as  had  tried  to  help  them- 
selves. From  the  endeavor  of  the  Commonwealth  to 
temper  justice  with  mercy  in  its  dealings  with  offenders 
sincerely  penitent,  I  trust  would  spring  a  new  purpose 
among  our  people  generally,  and  thus  many  of  those  who 
have  entered  criminal  ways  might  be  saved  to  honor  and 
usefulness. 

STATE    CHARITIES. 

Under  authority  given  the  Executive  by  chapter  68, 
Acts  of  1872,  the  Nautical  School  has  been  discontinued. 
Such  of  the  boys  on  the  school  ship  as  the  trustees 
thought  it  inexpedient  to  release  on  probation,  were  from 
time  to  time,  as  arrangements  for  their  reception  could  be 
made,  transferred  to  the  Reform  School  at  Westborough, 
and  early  in  July  the  vessel  was  sold  at  public  auction. 
The  sale  of  the  property  netted  $12,753.73,  which  sum 
was  paid  into  the  state  treasury. 

The  State  Almshouses  at  Monson  and  Bridgewater 
were  abolished  by  chapter  45,  Acts  of  1872.  The  trans- 
fer of  paupers  to  Tewksbury  provided  for  in  that  act  has 
•taken  place,  though  under  the  discretionary  authority 
granted  the  Board  of  State  Charities,  a  few  (less  than 
fifty)  yet  remain  at  each  of  the  other  points, — those  at 
Bridgewater  being  mostly  infant  children  of  women 
convicts  confined  there,  and  those  at  Monson  being 
retained  to  assist  in  the  work  of  the  Primary  School 
establishment.  The  number  of  paupers  at  Tewksbury  is 
about  800,  to  whom  nearly  two-fifths  are  insane  or  im- 
becile persons. 

Coupled  with  my  recommendation  to  the  .General 
Court  of  1872,  that  the  Nautical  School  be  abolished,  was 
a  suggestion  that  provision  be  made  at  Bridgewater  for 
the  boys  in  that  school,  and  other  boys  of  corresponding 
age  who  might  be  found  guilty  of  offences  punishable  by 
confinement.  This  suggestion  was  not  carried  into  effect 
by  your  predecessors.  In  making  it  I  had  no  decided 
preference  for  the  point  named  over  others  that  might 
have  been  selected,  but  was  actuated  by  a  desire  to  get 
these   lads   into   a   secure   place,    where   they  would   be 

60 


948  Goveenoe's  Addeess. 

subjected  to  proper  discipline  and  might  receive  proper 
instruction,  and  especially  where  they  could  be  kept 
employed  in  pursuits  adapted  to  their  years  and  circum- 
stances. 

I  have  serious  doubts  whether  the  objections  to  the 
proposition  thus  submitted  were  of  such  gravity  as  to 
warrant  the  removal  of  the  school-ship  boys  to  West- 
borough.  The  institution  there  was  not  in  a  condition  to 
furnish  for  them  either  adequate  security  or  proper  em- 
ployment ;  and  the  effect  of  bringing  them  mto  immediate 
contact  with  the 'younger  boys  has  been  very  prejudicial 
to  the  interests  of  the  latter.  From  what  has  already 
been  said,  it  will  readily  be  inferred  that  I  deem  it  im- 
peratively necessary  to  the  well-being  of  these  younger 
boys,  who  for  the  most  part  are  ignorant  of  criminal 
habits,  that  they  should  be  kept  free  from  the  contaminat- 
ing influence  of  the  older  ones,  the  majority  of  whom 
have  made  a  definite  advance  in  paths  of  vice.  More- 
over, while  our  first  aim  with  respect  to  those  of  from 
fifteen  to  eighteen  years  of  age,  should  be  to  develop  and 
strengthen  their  mental  and  moral  capabilities,  their  physi- 
cal powers  cannot  be  either  safely  or  prudently  neglected. 
They  should  have  no  idle  hours  on  their  hands.  A  fair 
proportion  of  the  day  having  been  given  to  study  and 
recreation,  the  remainder  should  be  assiduously  devoted 
to  labor,— not  chiefly  for  its  profit,  but  because  wisely- 
conducted  labor  is  in  itself  the  best  of  reformatory  agen-' 
cies.  They  should  be  instructed  in  trades,  so  that  when 
they  are  released  from  confinement  an  honest  living  will 
be  easy  of  attainment.  The  Westborough  institution  has 
not  the  requisites  necessary  to  successful  dealing  with  these 
boys,  nor  can  they  be  furnished  there  except  at  what  I 
regard  as  an  impolitic  expenditure  of  money. 

I  have  given  this  and  connected  questions  a  large  degree 
of  attention  during  the  last  six  or  eight  months,  and  now 
beg  to  recommend  to  your  honorable  bodies  the  discon- 
tinuance of  the  establishment  at  Bridge  water,  and  the 
creation  of  a  State  Workhouse  at  some  other  point,  in 
which  shall  be  confined  criminal  boys  above  the  age  of 
fifteen  or  sixteen  years,  and  the  class  of  male  convicts  sent 
under  existing  laws  to  Bridgewater.  No  new  building 
will  be  required  for  this  purpose.  We  have  jails  and 
workhouses  enough  in  the  Commonwealth  for  the  accom- 
modation and  proper  classification  of  our  entire  body  of 


Governor's  Address.  949 

minor  offenders.  We  simply  need  to  utilize  them  to  the 
best  advantage  for  the  general  welfare.  Make  provision 
so  that  the  State  can  take  one  of  our  county  houses  of 
correction,  transfer  to  it  the  hundred  men  now  at  Bridge- 
water  and  about  the  same  number  of  the  older  and  most 
vicious  boys  at  Westborough,  and  there  are  responsible 
business  firms  standing  ready  to  contract  for  the  services 
of  all  these  persons  for  a  term  of  years  on  satisfactory 
conditions.  It  would  be  a  benefit  to  the  boys  to  associate 
them  in  labor  with  those  older  than  themselves,  and,  thus 
employed  for  a  portion  of  their  time,  they  would  become 
familiar  with  occupations  from  which  to  make  a  respect- 
able and  comfortable  livelihood  when  restored  to  freedom. 
I  ask  your  serious  and  considerate  investigation  of  this 
subject,  in  the  hope  that  your  inquiries  will  lead  you  to 
conclusions  similar  to  those  I  have  reached. 

Throughout  the  State  are  various  private  institutions  for 
the  care  of  one  or  another  class  of  the  friendless  or  un- 
fortunate. Of  late  years  there  has  grown  up  a  custom  of 
granting  aid  to  some  of  them  from  the  public  treasury. 
In  my  judgment  this  is  an  unwise  policy.  So  far  as  I 
know,  these  several  institutions  are  doing  good  work  in 
their  respective  fields  of  voluntary  labor.  Certainly  I 
wish  them  abundant  success  in  their  merciful  endeavors. 
But  if  any  one  of  them  is  aided  in  its  mission  by  the  State, 
the  claim  of  some  other  one  is  equally  valid  and  pressing, 
and  a  continuance  of  the  policy  will  soon  subject  us  to  an 
enormous  expense.  To  see  the  evil  in  which  it  results  we 
have  but  to  look  to  some  of  our  sister  States.  The  legis- 
lature of  1872  declined  to  grant  any  of  these  outside  ap- 
propriations, and  I  believe  its  course  in  this  respect  was  ' 
approved  by  the  great  body  of  our  people. 

PRISON   FOR  WOMEN. 

The  Commonwealth  has  been  somewhat  agitated  for  a 
year  or  two  on  the  question  of  a  separate  prison  for  women. 
I  am  in  favor  of  such  a  prison.  But  I  fail  to  see  that  we 
ought  to  erect  a  new  building  for  it.  Having  advised  the 
withdrawal  of  the  male  convicts  from  Bridge  water,  I  re- 
commend the  conversion  of  the  state  institution  there  into 
a  woman's  prison,  and  in  this  recommendation  the  Prison 
Commission  will  virtually  concur.  I  grant  that  neither 
for  situation  nor  arrangement  is  the  Bridgewater  building 
exactly  what  we  want.     But  it  is  better  fitted  for  this  than 


950  Goveknor's  Address. 

any  other  necessary  use,  and  if  it  is  needful  to  make  some 
slight  changes  in  its  construction,  even  if  it  should  be 
found  advisable  to  add  a  new  wing,  the  expense  would  be 
small  in  comparison  with  the  cost  of  a  new  institution. 

The  estimated  average  of  woman  convicts  for  the  year 
is  about  650,  distributed  as  follows  : — at  the  state  work- 
house, 150  ;  in  houses  of  correction,  200  ;  in  the  house  of 
industry,  300.  The  aggregate  now  under  sentence  is 
somewhat  in  excess  of  this  average,  but  still  not  beyond 
the  capacity  of  the  Bridgewater  establishment.  With  all 
our  female  convicts  confined  there,  suitable  employment 
could  readily  be  provided,  such  classification  as  might  be 
deemed  best  could  be  made,  and  the  broadest  and  most 
humanitarian  reformatory  principles  of  prison  discipline 
might  be  fairly  tried.  After  much  conference  with  those 
who  have  the  good  of  fallen  women  at  heart,  I  am  satisfied 
the  Commonwealth  cannot  do  better  than  put  the  present 
state  workhouse  building  to  the  use  I  suggest. 

COUNTY   JAILS. 

The  Prison  Commission  will  bring  to  your  notice  a  com- 
prehensive plan  for  the  improvement  and  classification  of 
the  county  jails  and  workhouses,  with  some  suggestions 
as  to  a  change  in  our  laws  and  customs  respecting  the 
treatment  of  vagrants  and  drunkards.  Our  present  method 
of  fine  and  costs  in  dealing  with  drunkards,  not  only  gen- 
erally fails  of  beneficial  results  to  them,  but  in  the  case  of 
married  men  frequently  subjects  their  unofiending  families 
to, privations  of  a  serious  character.  Should  you  be  able 
to  devise  a  scheme  calculated  to  reform  those  given  to  in- 
temperance, with  the  minimum  of  hardship  to  their  de- 
pendents, you  may  anticipate  Executive  approval  therefor. 
Having  already  sufiiciently  indicated  my  views  in  favor  of 
classification,  I  have  only  to  add  that  while  some  of  our 
jails  are  well  adapted  for  their  purposes,  others  are  little 
less  than  a  disgrace  to  the  Commonwealth.  For  the 
suggestions  of  the  Commission  I  bespeak  your  candid 
attention. 

MILITARY   MATTERS. 

The  Governor  and  Council  have  not  yet  made  the  camp- 
ground purchase  authorized  by  an  act  of  your  predecessors. 
Several  sites  have  been  examined  with  such  care  as  was 
necessary,  but  it  is  diflicult  to  find  one  combining  all  the 


Governor's  Address.  951 

requisites  desired.  There  is  a  reasonable  prospect,  how- 
ever, that  success  will  attend  the  effort  to  secure  a  suitable 
location. 

During  the  year  the  Surgeon-General's  office  has,  with- 
out expense  to  the  recipients,  collected  $71,013  from  the 
general  government  on  the  claims  of  soldiers  and  their 
families  for  pensions,  bounty,  back  pay,  prize  money,  etc., 
which  is  an  excess  of  $23,411  over  the  aggregate  collected 
during  thf  previous  year.  The  total  amount  of  these 
claims  collected  since  the  work  began,  about  six  years  ago, 
is  $734,933.  The  manner  in  which  the  labors  of  this  office 
are  performed,  and  the  style  in  which  its  records  are  kept, 
merit  general  commendation. 

The  work  of  the  Adjutant-General's  office  is  substan- 
tially up  to  date.  The  management  of  the  department  is 
marked  by  efficiency  and  promptness.  The  two  thousand 
dollars  appropriated  last  spring  to  pay  the  expense  ot 
issuing  soldiers'  diplomas  has  been  nearly  expended,  and 
since  it  was  put  at  the  command  of  the  Adjutant-General 
about  12,000  of  these  diplomas  have  been  made  and  de- 
livered. The  department  will  require  no  unusual  appro- 
priation this  year,  except  for  a  single  clerk  to  aid  in  com- 
pleting this  work  of  patriotic  appreciation,  and  I  recom- 
mend that  such  provision  be  made  at  an  early  day. 

The  condition  of  the  active  militia  is  about  the  same  as 
it  was  last  year.  The  ordinary  military  expenditure  of 
the  year  has  been  ri5l50,085.  This  is  about  $16,000  less 
than  that  of  1871.  The  number  of  men  in  camp  was 
5,040,  a  slight  falling  off  from  last  year.  The  fifty  thou- 
sand dollars  appropriated  two  years  ago  for  breech-loading 
arms,  has  been  expended,  on  the  unanimous  recommenda- 
tion of  a  board  of  officers  appointed  by  my  predecessor, 
in  the  purchase  of  2,941  Peabody  Rifles,  nearly  all  of 
which  have  been  transferred  to  the  hands  of  the  militia. 
I  recommend  the  repeal  of  chapters  187  and  298  of  the 
Acts  of  1872. 

Accompanied  by  members  of  my  staff,  who  by  reason 
of  actual  service  during  the  late  war  were  specially  quali- 
fied to  aid  me,  I  made  a  careful  inspection  of  the  whole 
body  of  active  militia  at  the  annual  encampment.  As 
each  regiment  and  battalion  went  into  camp  by  itself,  an 
unusual  sense  of  responsibility  for  the  character  of  the 
encampment  was  felt.  With  one  exception,  I  heard  noth- 
ing but  well-deserved  praise  bestowed  upon  the  several 


952  Governor's  Address. 

organizations  for  the  bearing  and  sobriety  of  tlie  men. 
This  was  owing  in  no  small  degree  to  the  fact  that  peremp- 
tory orders  were  given  by  the  general  officers  against  the 
introduction  of  intoxicating  liquors  upon  the  camp  grounds. 
However  they  may  differ  as  to  the  use  of  this  article  at 
other  times,  they  agree  as  to  the  necessity  for  banishing 
everything  of  the  kind  from  camp,  if  good  conduct  and 
good  discipline  are  expected  of  the  entire  force. 

The  expense  of  our  militia  is  more  than  double  that  of 
most  States  for  a  like  number  of  men,  and  serviceable  as 
the  force  proved  at  the  time  of  the  Boston  fire,  and  doubt- 
less would  prove  on  any  other  occasion,  its  efficiency  is 
not  what  it  should  be.  We  maintain  altogether  too  many 
organizations,  and  too  few  of  them  are  up  to  the  proper 
standard.  We  annually  expend  a  hundred  thousand  dol- 
lars for  encampments,  that  the  men  ma}^  be  drilled  and 
taught  the  duties  and  obligations  of  soldiers  ;  but  a  large 
proportion  of  those  instructed  this  year  were  neither  in 
camp  last  year  nor  will  be  next  year.  The  members  of 
the  companies  come  and  go  at  their  own  pleasure,  and 
many  elect  to  withdraw  before  they  have  fairly  learned 
the  soldier's  first  lesson,  so  that  it  is  scarcely  an  exaggera- 
tion to  say  that  we  are  continually  at  work  on  beginners. 
Half  the  number  of  our  present  organizations,  filled  to  the 
maximum  with  good  men,  who  could  in  some  way  be  re- 
tained for  a  moderately-long  specific  period,  would  give 
us  a  militia  twice  as  efficient  as  we  can  get  under  our 
present  system.  In  this  judgment  I  do  not  doubt  you 
will  find  large  concurrence  among  the  best  men  connected 
with  the  service. 

I  beg  you  carefully  to  consider  whether  it  would  not  be 
well  to  provide  for  a  three-years  enlistment  and  mustering 
of  the  men  in  the  active  militia.  With  discrimination  on 
the  part  of  mustering  officers,  and  a  proper  spirit  in  the 
line  and  staff,  those  who  belonged  to  the  service  would 
feel  a  genuine  and  commendable  pride  in  their  respective 
organizations,  and  in  a  short  time  we  should  have  a  body 
of  citizen  soldiery  of  the  very  best  quality.  It  is  advisa- 
ble to  require  the  forwarding  of  the  enlistment  rolls  of 
this  force  to  the  Adjutant-General's  office,  so  that  you 
may  have  what  you  now  have  not, — a  record  at  head- 
quarters of  the  men  actually  in  the  service. 

Whatever  step  you  take  as  to  the  rank  and  file,  I  can- 
not doubt  the  pro^Driety  of  amending  the  militia  law  so  as 


Governoe's  Address.  953 

to  provide  brigade  boards  for  the  examination  of  all  elec- 
tive officers.  These  boards  might  consist  of  three  officers 
each,  appointed  by  the  respective  brigadier-generals,  and 
no  commission  should  issue  except  on  the  certificate  of  the 
proper  board  that  the  person  therein  named  has  been  ex- 
amined and  found  qualified  for  the  position  to  which  he 
has  been  chosen. 

THE   LIQUOR   LAW. 

I  should  be  gratified,  as  doubtless  most  of  you  would 
be,  to  see  the  day  when  no  further  legislation  was  required 
in  reference  to  the  use  and  sale  of  intoxicating  liquors, — 
when  the  laws  on  this  subject  were  such  as  to  satisfy  the 
great  majority  of  the  good  and  sensible  people  of  the 
Commonwealth.  While  human  nature  remains  what  it  is, 
we  cannot  reasonably  cherish  the  expectation  of  a  period 
when  there  will  be  no  class  in  the  State  with  new  theories 
and  fresh  discoveries  upon  this  question ;  but  I  do  hope 
for  the  time  when  the  body  of  our  citizens  will  feel  that 
no  more  thought  and  labor  need  be  spent  in  perfecting  the 
law.  If  you  can  hasten  this  time  by  the  exercise  of  your 
wisdom  and  foresight,  you  will  deserve  and  receive  the 
gratitude  of  your  constituents  and  coming  generations. 

Unquestionably  there  are  some  who  incline  to  the  belief 
that  a  stringent  license  law,  rigidly  executed, — such  a  law 
as  has  recently  been  enacted  in  two  or  three  States  of  the 
Union, — would  correct  the  evils  we  are  trying  to  extirpate. 
But  that  law  has  not  yet  shown  any  special  efficacy  in 
bringing  about  the  reform  for  which  we  are  striving. 
Moreover,  this  Commonwealth  has  so  declared  for  pro- 
hibition, again  and  again,  that  we  are  not  placed  in  the 
least  doubt  as  to  the  will  of  the  people.  For  my  own 
part,  I  do  not  think  any  radical  changes  of  policy  either 
necessary  or  advisable,  and  I  have  but  two  or  three  modi- 
fications of  the  existing  statute  to  sugfcrest. 

This  statute  is  founded  on  the  principle  that  distilled 
spirits  may  be  sold  for  medicinal  and  mechanical  purposes 
only,  while  the  State,  through  its  agent,  duly  appointed 
and  subject  to  rigid  rules,  shall  furnish  a  pure  article  at  a 
reasonable  price,  to  those  only  who  have  been  legally  au- 
thorized to  keep  a  supply  for  the  purposes  specified. 
Regulations  as  to  the  price  at  which  liquors  shall  be  fur- 
nished, requiring  all  to  bear  the  stamp  of  the  State 
Assayer  as  a  proof  that  the  quality  is  up  to  the  legal 


954  Goveenoe's  Addeess. 

standard,  constitute  a  guarantee  against  fraud  and  extor- 
tion, and  a  pledge  that  the  Commonwealth  is  ready  to  do 
what  it  can  to  protect  the  town  and  city  agents  against 
imposition.  I  see  no  other  practicable  way  in  which 
proper  supervision  can  be  exercised. 

But  to  the  full  success  of  this  supervisory  plan  it  is 
essential  that  every  local  agent  should  purchase  from  the 
state  agent  only.  If  three-fourths  of  them  are  allowed  to 
obtain  their  liquors  where  they  please,  the  guarantee  as 
to  quality  is  wholly  lost,  while  the  state  agency  cannot  be 
sustained  by  the  purchases  of  the  other  fourth.  I  see  no 
valid  reason  why  apothecaries,  if  appointed  to  local  agen- 
cies, should  not  be  subjected  to  the  restrictions  laid  upon 
other  citizens  so  appointed ;  and  I  therefore  recommend  a 
change  of  the  law  in  this  regard,  so  that  all  toAvn  and  city 
agents  shall  be  on  an  equal  footing. 

If  under  licenses  to  sell  ale  and  beer,  sales  could  be 
confined  to  those  articles,  though  in  most  cases  a  thirst 
for  stronger  drinks  Avould  be  created,  the  evil  resulting 
from  such  licenses  would  be  comparatively  small.  But 
the  Chief  Constable  of  the  Commonwealth  expresses  the 
opinion  that  at  least  nine-tenths  of  our  beer-shops  use 
their  licenses  as  a  cover  for  the  sale  of  distilled  spirits. 
A  beer-shop,  so  called,  has  come  to  mean  generally  a  place 
where  all  kinds  of  intoxicating  liquors  are  furnished.  And 
if  we  are  to  accept  the  evidence  of  those  who  have  had  the 
most  painful  experience  of  the  miseries  produced  by  these 
places,  they  are  among  the  greatest  obstacles  to  the  social 
and  moral  progress  of  the  community.  The  testimony  of 
criminals  of  every  degree  is,  that  they  were  drawn  by 
frequenting  beer-houses  into  offences  and  violations  of  law 
of  which  they  might  otherwise  have  remained  innocent. 
The  wise  and  prudent  legislator  will  not  cease  his  eiforts 
for  the  diminution  of  crime  till  every  measure  has  been 
adopted  which  experience  proves  needful. 

I  am  convinced  that  a  large  majority  of  the  legal  voters 
of  the  Commonwealth  are  opposed  to  the  open  bar  in  any 
form  or  in  any  place  ;  and  if  it  were  possible  to  obtain  the 
views  of  our  women  on  this  important  question,  I  doubt 
not  that  at  least  four-fifths  of  them  would  promptly  pro- 
nounce in  favor  of  the  speedy  closing  up  of  all  these  dens 
of  vice  and  crime.  And  I  commend  the  subject  to  your 
reflection,  confidently  trusting  you  will  agree  with  me  in 
the  conclusion  that  the  time  has  come  when  the  legality 


Govebnor's  Address.  955 

of  a  beer  and  ale  shop  should  no  longer  be  sustained  by 
our  statutes. 

If  the  law  in  reference  to  the  liquor  traffic  is  not  en- 
forced, the  general  impression  seems  to  prevail  that  the 
fault  must  be  either  in  the  Executive  or  the  police  officer. 
It  is  easy  and  perhaps  natural  to  lay  sins  of  omission  in 
this  regard  at  their  doors. 

But  at  a  recent  term  of  the  court  in  one  of  our  counties, 
through  the  efforts  of  an  officer,  a  common  seller,  one 
who  had  been  found  guilty  three  or  four  times,  was  again 
brought  to  trial  and  conviction,  and  sentenced  to  a  fine  of 
ten  dollars  and  costs,  which  sum  his  clerk  easily  made  in 
profits  on  sales  during  the  trial.  In  another  county,  a 
party  found  guilty  of  the  same  offence  was  sentenced  to  a 
fine  of  two  hundred  dollars  and  costs,  and  imprisonment 
in  the  house  of  correction  for  six  months.  This  sentence 
made  the  violation  of  the  law  not  only  unprofitable  but 
decidedly  disagreeable. 

In  the  one  case  the  prosecuting  officer  and  the  court 
evidently  do  not  intend  to  accomplish  either  of  these  re- 
sults, and  the  work  of  the  police  officer  is  so  neutralized 
that  though  he  pile  his  complaints  against  offenders  moun- 
tain high  he  has  no  reasonable  prospect  of  suppressing  the 
traffic.  In  the  other  case  the  officers  of  the  law  are  all 
laboring  for  one  result,  and  there  your  statute  is  a  terror 
to  evil-doers, — the  officials  believe  in  the  rigid  enforce- 
ment of  the  law,  while  juries  and  people  are  in  harmony 
with  them  and  gladly  second  their  endeavors.  With  like 
action  and  sympathy  in  every  county,  we  should  have 
similar  results,  with  a  beneficial  effect  upon  all  classes  of 
society. 

My  object  in  referring  to  these  facts  is  not  to  criticise 
the  course  of  any  tribunal,  but  rather  to  impress  upon 
your  minds  that  the  enforcement  of  the  liquor  law,  like 
that  of  every  other  law,  depends  not  upon  the  action  of  a 
particular  officer  alone,  but  upon  unity  of  action  among  all 
officials.  If  the  prosecuting  officer  is  willing  to  shield  the 
criminal;  if  jurors  or  witnesses  are  lacking  in  firmness  or 
integrity  ;  if  the  court,  with  its  large  discretionary  powers, 
looks  out  for  the  mildest  possible  sentence,  we  have  a  con- 
dition of  things  which  not  only  prevents  a  fair  enforcement 
of'  the  law,  but  actually  invites  its  violation,  in  spite  of  all 
effort  that  can  be  made  by  the  police  or  the  Executive. 

Nor  should  it  be  overlooked  or  forgotten  that  the  exe- 

61 


956  Goveenor's  Addeess. 

cution  of  this  law  is  almost  wholly  required  at  the  hands 
of  the  state  police.  In  contending  with  other  forms  of 
vice  and  crime  they  generally  receive  the  assistance  and 
co-operation  of  the  local  police,  but  when  it  comes  to  the 
treatment  of  oifences  arising  under  the  liquor  law,  I  regret 
to  say  that  they  not  only  rarely  receive  assistance  from 
the  local  force,  but  are  too  often  hindered  and  thwarted  in 
their  own  labors.  I  am  gratified  to  believe  that  there  is 
of  late,  in  some  sections  at  least,  a  growth  of  higher  public 
sentiment  on  this  matter,  and  I  trust  the  day  is  quite  near 
at  hand  when  all  officers  will  be  obliged  to  do  their  whole 
duty  with  respect  to  every  statute. 

THE    STATE   POLICE. 

Some  three  months  ago.  Major  Edward  J.  Jones  ten- 
dered his  resignation  as  Chief  Constable  of  the  Common- 
wealth. His  high  executive  ability,  and  his  long  experi- 
ence in  the  duties  of  the  position,  made  him  an  officer 
whom  it  was  particularly  desirable  to  retain.  But  his 
health  had  become  impaired  by  the  trials  and  perplexities 
of  the  office,  which  are  sufficient  to  tax  to  the  utmost  the 
mental  and  physical  powers  of  the  strongest  man,  and 
there  seemed  no  alternative  but  to  yield  to  the  necessities 
of  the  case  and  accept  his  resignation. 

After  a  patient  and  careful  investigation,  Captain 
George  W.  Boynton,  who  had  been  connected  with  the 
force  for  several  years,  and  had  proved  himself  a  most 
efficient  officer,  was  appointed  to  the  succession.  We 
have  good  reason  to  believe  that  he  will  discharge  the 
duties  of  the  post  with  fidelity,  resolution  and  active  in- 
telligence. 

The  report  of  the  Police  Commissioners  will  show  you 
that  the  force  has  been  increased  by  an  addition  of  thirty 
men,  in  accordance  .with  the  legislation  of  the  last  General 
Court.  These  have  been  distributed  in  difierent  sections 
of  the  State,  where  the  commissioners  believed  their  ser- 
vice would  be  most  useful. 

The  value  of  the  State  Police,  not  alone  in  the  enforce- 
ment of  a  particular  law,  but  in  the  preservation  of  good 
order  and  the  suppression  of  crime  generally,  has  never 
been  more  heartily  appreciated  than  at  the  present  time. 
Immediately  after  the  great  fire  in  this  city,  nearly  the 
whole  force  was  ordered  here  for  duty,  and  the  service  it 
then  rendered  is  beyond  computation  in  figures.     And  I 


GovERN'OE^s  Address.  957 

may  add  that  in  most  parts  of  the  State,  whenever  there 
is  a  large  gathering  of  the  people,  enough  members  of  the 
constabulary  are  present  to  insure  quiet  and  an  observance 
of  the  laws. 

While  there  may  be  a  few  exceptions,  the  force,  as  a 
whole,  is  believed  to  be  a  faithful  and  trustworthy  body 
of  men.  Whenever  evidence  is  furnished  that  any  mem- 
ber, whether  by  reason  of  character  or  inefficiency,  is  unfit 
for  the  position  he  holds,  a  change  will  at  once  be  made. 
The  principle  governing  in  this  matter  is,  that  the  minister 
of  the  laws  must  neither  violate  them  himself,  nor  connive 
with  those  who  are  violators, — that  the  true  test  of  the 
worth  of  a  man  in  a  given  position  is  what  he  accom-  ' 
plishes,  and  that  in  this  calHng  especially  he  must  be 
judged  by  his  works.  If  he  cannot  stand  by  this  judg- 
ment, then  he  must  give  place  to  one  who  can. 

Senators  and  Representatives  : 

By  faithful  devotion  to  business  and  reasonable  care  of 
legislation,  your  immediate  predecessors  acquitted  them- 
selves, at  their  regular  session,  in  a  manner  that  met  the 
general  approval  of  the  public.  But  no  other  act  of  theirs 
gained  for  them  such  universal  commendation  as  the  ter- 
mination of  their  labors  at  a  date  four  or  five  weeks 
earlier  than  the  average  of  several  previous  years.  If 
your  efibrts  in  the  official  duties  upon  which  you  are  about 
to  enter,  are  characterized  by  the  energy  and  diligence 
ordinarily  displayed  in  private  afiaire,  so  that  the  respon- 
sible trusts  committed  to  your  hands  are  properly  dis- 
charged, and  the  session  brought  to  a  close  a  month  sooner 
than  that  of  1872,  I  am  confident  you  will  receive  the 
hearty  and  unanimous  praise  of  yom*  constituents. 


958  Special  Messages. 


SPECIAL    MESSAGhES. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  BY  HIS 

EXCELLENCY  THE  GOVERNOR,  TO  THE  LEGISLATURE, 

DURING  THE  ANNUAL  SESSION. 

[To  the  Senate  and  House  of  Representatives,  January  9.] 

By  chapter  50,  Eesolves  of  1860,  the  Governor  and 
Council  are  requested,  in  the  month  of  January  of  each 
year,  to  communicate  to  the  General  Court  a  list  of  the 
pardons  granted  during  the  year  next  preceding,  with  such 
detailed  statements  as  in  their  judgment  the  2:)ublic  good 
may  require.  In  compliance  with  this  Resolve  I  have  the 
honor  herewith  to  lay  before  the  General  Court  a  report 
of  the  pardons  issued  by  the  Governor  and  Council  during 
the  year  1872. 

1872. 

No.  1.  George  D.  Gallagher.  Convicted  of  assault 
and  battery :  Municipal  Court,  Boston,  January  2,  1872. 
Sentenced  to  fine  and  costs.  Pardon  granted  January  11, 
1872,  from  Suffolk  County  jail,  on  petition  of  person  as- 
saulted. Shown  to  the  satisfaction  of  the  governor  and 
council  that  the  assault  was  a  slight  affair,  and  Gallagher's 
first  offence,  and  that  one  of  his  children  had  just  died, 
while  two  others  and  his  wife  were  ill. 

No.  2.  Levi  Friedman.  Convicted  of  peddling  with- 
out license:  Municipal  Court,  Boston,  January  16,  1872. 
Sentenced  to  fine  and  costs.  Pardon  granted,  January  23, 
1872,  from  Sufiblk  County  jail,  on  petition  of  Sheriff 
Clark.  Shown  to  the  governor  and  council  that  Friedman 
was  a  German,  just  arrived  in  this  country,  ignorant  of 
our  laws  and  language,  with  a  wife  and  four  small  children 
in  a  state  of  great  destitution. 

No.  3.  Michael  Mullarkey.  Convicted  of  larceny 
from  person  :  Superior  Court,  Suffolk  County,  December 
Term,  1870.  Sentenced  to  five  years  in  state  prison. 
Pardon  granted  January  24,  1872,  on  petition  of  Hon. 


Special  Messages.  959 

Henry  Splaine,  Patrick  Donahoe,  Esq.,  Samuel  B.  Locke, 
and  twenty  other  citizens  of  Boston.  Pliysician  of  the 
prison  certified  that  Mullarkey  was  in  the  last  stages  of 
Bright's  disease.     Has  since  died. 

No.  4.  Ja^ies  Butler.  Sentenced  to  fine  and  cost, 
for  keeping  liquor  nuisance :  Superior  Court,  Bristol 
County,  December  Term,  1871.  Pardoned  from  New 
Bedford  house  of  correction,  January  26,  1872,  on  recom- 
mendation of  district-attorney,  who  certified  that  through 
his  mistake  Butler  was  improperly  sentenced. 

No.  5.  William  Rier.  Convicted  of  larceny  from 
building  :  Superior  Court,  Middlesex  County,  July  Term, 
1870.  Sentenced  to  two  years  in  house  of  correction. 
Pardon  granted,  February  16,  1872,  on  his  own  petition, 
endorsed  by  owner  of  property  taken,  and  other  citizens 
who  testified  to  his  general  good  character.  Appeared 
that  he  took  certain  tools  to  secure  wages  due  him,  and  the 
district-attorney,  on  re-examination  of  the  case,  doubted 
if  there  was  any  felonious  intent. 

No.  6.  Albert  Stevexs.  Convicted  of  malicious  mis- 
chief:  Trial  Justice  of  Marlborough,  Middlesex  County, 
November,  1871.  Sentenced  to  six  months  in  house  of 
correction.  Subsequently  sent  to  lunatic  hospital  at  Wor- 
cester, and  after  partial  recovery  was  pardoned,  February 
29,  1872,  on  memorial  of  selectmen  and  overseers  of  poor, 
that  he  might  be  transferred  to  the  Marlborough  poor- 
house,  of  which  he  had  been  for  many  years  an  inmate. 

No.  7.  Charles  Carter.  Sentenced  February  21, 
1872,  by  Police  Court  of  Charlestown,  to  three  months  in 
house  of  correction,  for  larceny.  Pardon  granted  March 
13,  1872,  on  recommendation  of  police  justice  and  chief 
of  police  of  that  city.  No  larceny  was  committed,  and 
Carter  plead  guilty  on  supposition  that  the  charge  was 
drunkenness. 

No.  8.  Isaac  N.  C.  Savels.  Convicted  of  adultery  :  ' 
Superior  Court,  Norfolk  County,  September  Term,  1871. 
Sentenced  to  one  year  in  house  of  correction.  Pardon 
granted  March  27,  1872,  on  prayer  of  Hon.  Adin  Tliayer, 
Hon.  Henry  L.  Pierce,  Hon.  George  B.  Blake,  Hon.  Hen- 
ry Jones,  the  city  marshal  of  Worcester,  the  deputy  sheriflf 
of  Stoughton  and  twenty  other  prominent  citizens  of  those 
places.  Phj^sician  of  house  of  correction  certified  that 
Savels  was  sufiering  from  a  form  of  heart  disease  which 
threatened  his  life,  and  was  greatly  aggravated  by  confine- 


960  SpEoiAii  Messages. 

ment.  Shown  to  the  satisfaction  of  the  governor  and 
council  by  new  evidence  that  the  offence  was  fornication 
rather  than  adultery. 

No.  9.  John  McQuiLLON.  Convicted  of  assault  while 
drunk  :  Trial  Justice  Hopkins,  of  North  Truro,  Barnstable 
County,  November  25,  1871.  Sentenced  to  six  months  in 
house  of  correction.  Pardon  granted  March  27,  1872. 
Kecommended  by  the  trial  justice,  sheriff,  jailer,  overseers 
of  the  house  of  correction,  selectmen  of  Provincetown, 
and  a  number  of  other  citizens,  who  believed  that  the  ends 
of  justice  were  satisfied,  and  that  McQuillon  would  not 
again  offend. 

No.  10.  Catherine  Howard.  Convicted  of  larceny 
from  person :  Superior  Court,  Essex  County,  October 
Term,  1870.  Sentenced  to  three  years  in  house  of  cor- 
rection. Pardon  granted  March  27,  1872,  on  recom- 
mendation of  the  district-attorney,  sheriff  of  the  county, 
and  overseers  of  the  house  of  correction.  Prisoner's  mind 
had  become  disordered,  and  relatives  in  Maine  wished  to 
take  charge  of  her. 

No.  11.  Henry  O'Brien.  Convicted  of  entering  with 
intent  to  steal :  Superior  Court,  Suffolk  County,  December 
Term,  1869.  Sentenced  to  three  years  in  state  prison. 
Pardoned  April  11,  1872,  on  prayer  of  his  father  and 
brothers.  Physician  of  the  prison  certified  that  he  was  in 
last  stages  of  tubercular  consumption.  Died  shortly  after 
being  released. 

No.  12.  Michael  Maher.  Convicted  of  assaulting 
an  oiBcer  while  drunk :  Superior  Court,  Norfolk  County, 
December  Term,  1871.  Sentenced  to  six  months  in  house 
of  correction.  Pardon  granted  April  16,  1872,  on  peti- 
tion of  several  citizens  of  Roxbury.  Recommended  by 
officer  assaulted,  and  Roxbury  chief  of  police,  and  con- 
curred in  by  district-attorney. 

No;  13.  John  Haynes.  Convicted  of  larceny  from  a 
building  and  receiving  stolen  goods :  Superior  Court, 
Suffolk  County,  January  Term,  1869.  Sentenced  to  state 
prison  for  three  years  and  six  months  on  one  indictment, 
and  eighteen  months  in  house  of  correction  on  the  other. 
Pardon  granted  April  23,  1872,  at  expiration  of  first  sen- 
tence. Recommended  by  inspectors  of  state  prison,  who 
expressed  the  opinion  that  he  would  not  again  offend. 
Physician  certified  to  several  attacks  of  bleeding  from  the 


Special  Messages.  961 

lungs,  and  that  serious  pulmonary  disease  would  probably 
result  if  he  were  kept  imprisoned  many  months  longer. 

No.  14.  Bartholomew  Delaney.  Convicted  of  lar- 
ceny from  the  person :  Superior  Court,  Norfolk  County, 
April  Term,  1871.  Sentenced  to  two  years  in  house  of 
correction.  Pardon  granted  April  23,  1872.  Recom- 
mended by  district-attorney  and  overseers  of  house  of  cor- 
rection. Physician  certified  that  he  was  suffiering  from 
tubercular  consumption  and  could  probably  live  but  a  short 
time.     Subsequently  died — three  weeks  after  his  release. 

No.  15.  William  Roonan.  Convicted  of  assault  and 
battery  :  Superior  Court,  Suffolk  County,  October  Term, 
1871.  Sentenced  to  one  year  in  house  of  correction. 
Pardon  granted  April  24,  1872.  Several  respectable  citi- 
zens of  Boston  by  whom  he  had  been  employed  certified 
to  his  general  good  character,  and  evidence,  not  introduced 
at  time  of  trial,  showed  that  Roonan  acted  in  self-defence. 

No.  16.  Stephen  Barry.  Convicted  of  larceny  from 
building :  Superior  Court,  Hampden  County,  December 
Term,  1870.  Sentenced  to  two  years  and  three  months  in 
house  of  correction.  Pardon  granted  May  2,  1872,  on 
prayer  of  several  citizens  of  Holyoke,  where  Barry  had 
lived  for  some  time.  Master  and  physician  of  house  of 
correction  united  in  certifying  that  his  feeble  health  and 
mental  condition  made  it  advisable  to  release  him  from 
further  confinement. 

No.  17.  Peter  Cunninghaivi.  Convicted  of  drunken- 
ness :  Municipal  Court,  Worcester.  Sentenced  to  fine  and 
costs.  Pardoned  from  house  of  correction.  May  2,  1872, 
at  the  expiration  of  three  months,  on  payment  of  fine,  in 
accordance  with  recommendation  of  prosecuting  ofiicer. 

No.  18.  William  H.  Daniels.  Convicted  of  arson  : 
Superior  Court,  Berkshire  County,  July  Term,  1870. 
Sentenced  to  five  years  in  house  of  correction.  Pardon 
granted  May  3,  1872,  on  petition  of  Hon.  F.  P.  Brown, 
.Judge  James  T.  Robinson,  Hon.  S.  P.  Dresser,  State 
Constable  McKay,  Willard  Ballon,  J.  Q.  Robinson,  Wm. 
P.  Porter  and  nearly  one  hundred  other  citizens  of  North 
Adams  and  vicinity.  Recommended  by  master  and  physi- 
cian of  house  of  correction,  who  certified  that  Daniels  was 
sufiering  from  acute  chronic  rheumatism,  had  been  several 
months  in  hospital,  was  hardly  able  to  walk  even  with 
crutches ,  and  would  probably  soon  lose  the  use  of  his  legs 
entirely  unless  released. 


962  Special  Messages. 

No.  19.  George  M.  Griffin.  Convicted  of  escaping 
from  jail  and  assaulting  an  officer :  Superior  Court,  Essex 
County,  January  Term,  1870.  Sentenced  to  three  years 
in  house  of  correction.  Pardon  granted  May  6,  1872. 
Recommended  by  district-attorney,  sheriff  of  county,  and 
physician  of  the  house  of  correction.  Had  been  in  hos- 
pital most  of  the  time  for  two  years,  and  was  not  likely  to 
live  long  unless  given  benefit  of  fresh  air  and  out-door 
exercise. 

No.  20.  Mary  B.  Fairbanks.  Convicted  of  receiv- 
ing and  aiding  to  conceal  stolen  property  :  Superior  Court, 
Worcester  County,  August  Term,  1870.  Sentenced  to 
two  years  in  house  of  correction.  Pardon  granted  May 
31,  1872,  on  prayer  of  ladies  of  Worcester  who  believed 
she  had  reformed  and  would  lead  reputable  life  if  released. 
Recommended  by  sheriff  and  matron  of  house  of  correc- 
tion, and  concurred  in  by  district-attorney. 

No.  21.  William  Burtch.  Convicted  of  obtaining 
goods  on  ftilse  pretences :  Superior  Court,  Hampden 
County,  December  Term,  1870.  Sentenced  to  three  years 
in  house  of  correction.  Pardon  granted  May  31,  1872. 
He  was  seventy-eight  years  of  age,  incapable  of  doing  any 
work  even  when  well,  and  in  hospital  most  of  the  time. 
Family  wished  to  receive  and  take  care  of  him.  Release 
advised  by  district-attorney  and  by  oflicers  of  the  house 
of  correction,  as  well  as  by  the  parties  from  whom  goods 
were  obtained. 

No.  22.  Andrew  Crawford.  Convicted  of  an  as- 
sault on  a  member  of  his  family  while  drunk :  Municipal 
Court,  Boston.  Sentenced  March  13,  1872,  to  three 
months  in  house  of  correction.  Pardon  granted  May 
31,  1872,  on  prayer  of  his  family,  who  believed  that  by 
securing  his  release  they  would  the  better  be  enabled  to 
keep  him  from  indulgence  in  liquor.  Recommended  by 
Hugh  J.  Toland  and  others  well  informed  as  to  circum- 
stances of  case  and  condition  of  family. 

No.  23.  TniOTHY  Hannagan.  Convicted  of  assault 
and  batteiy :  Trial  Justice  Bumpus,  Norfolk  County,  May 
16,  1872.  Sentenced  to  two  months  in  house  of  correc- 
tion. Pardon  granted  June  14,  1872,  on  petition  of  Wey- 
mouth citizens,  endorsed  by  the  trial  justice,  who  said  he 
imposed  the  sentence  under  misapprehension  of  certain 
facts  bearino:  on  the  case. 


Special  Messages.  963 

No.  24.  John  Rogers.  Convicted  of  rape  :  Supreme 
Court,  October  Term,  1858.  Sentenced  to  state  prison 
for  life.  Pardon  granted  June  14,  1872.  Petitioned  for 
by  ftither  and  mother  of  the  girl  on  whom  rape  was  com- 
mitted, the  selectmen  of  Freetown,  Wareham  and  Roches- 
ter, and  twenty  other  citizens  of  that  section.  Prisoner 
was  sixty-four  years  of  age,  had  behaved  well  in  prison, 
was  of  feeble  intellect  and  in  poor  health.  Had  a  brother 
who  would  give  him  a  comfortable  home. 

No.  25.  Lyman  N.  Curtis.  Convicted  of  larceny : 
Superior  Court,  Norfolk  County,  December  Term,  1871. 
Sentenced  to  one  year  in  house  of  correction.  Pardon 
granted  June  20,  1872,  on  his  own  petition — physician  and 
overseers  certifying  that  he  had  pulmonary  consumption, 
and  probably  could  live  but  a  short  time. 

No.  26.  Israel  Wood.  Convicted  of  larceny  :  Trial 
Justice  Duall,  Worcester  County,  May  20,  1872.  Sen- 
tenced to  three  months  in  house  of  correction.  Pardon 
granted  June  20,  1872.  Recommended  by  the  trial  jus- 
tice and  the  selectmen  of  Spencer.  Evidence  was  sub- 
mitted not  accessible  at  the  time  of  trial,  showing  an 
absence  of  criminal  intent  on  part  of  Wood,  who  simply 
wore  off  an  overcoat  belonging  to  a  fellow-workman,  with- 
out any  attempt  at  concealment. 

No.  27.  Patrick  Mullane.  Convicted  of  maintain- 
ing liquor  nuisance  :  Superior  Court,  Suifolk  County,  Sep- 
tember Term,  1871.  Sentenced  to  fifty  dollars  fine  and 
three  months  in  house  of  correction.  Case  subsequently 
taken  into  Supreme  Court  on  writ  of  error.  Pardon 
granted  June  20,  1872,  on  recommendation  of  the  attor- 
ney-general of  the  Commonwealth,  after  payment  of  fine. 
Three  Boston  physicians  of  high  standing  certified  that  in 
their  opinion,  considering  MuUane's  mental  and  physical 
condition,  imprisonment  would  seriously  endanger  his  life. 
He  gave  pledges  that  he  would  not  again  have  anything  to 
do  with  liquor-selling. 

No.  28.  Cornelius  HoRG AN.  Convicted  of  forgery  : 
Superior  Court,  Suffolk  County,  August  Term,  1871. 
Sentenced  to  eighteen  months  in  house  of  correction. 
Pardon  granted  June  28,  1872.  Physician  of  house  of 
correction  certified  that  Horgan  had  been  in  hospital  for 
more  than  a  year ;  that  he  was  very  sick  with  consump- 
tion, and  could  probably  live  but  a  few  weeks. 

No.  29.     Mart   Fitzh arris.      Convicted   of  larceny : 

62 


964  Special  Messages. 

Police  Court,  Lowell,  April  26,  1872.  Sentenced  to  four 
months  in  house  of  correction.  Pardon  granted  June  28, 
1872,  on  petition  of  mayor,  city  marshal  and  other  citi- 
zens of  Lowell.  Additional  evidence  showed  that  the 
prisoner,  a  girl  of  seventeen,  took  home  a  clock,  which 
she  knew  her  mother  had  bought  of  a  neighbor,  and  had 
reason  to  suppose  had  been  paid  for  in  full.  There  was 
apparently  no  criminal  intent. 

No.  30.  Daniel  Keen.  Convicted  of  assault  and 
theft :  Superior  Court,  Middlesex  County,  October  Term, 
1871.  Sentenced  to  two  years  and  six  months  in  house  of 
correction.  Pardon  granted  July  25,  1872,  on  petition  of 
chief  of  police  of  Charlestown.  Recommended  by  dis- 
trict attorney  and  physician  in  charge.  The  boy  had  lost 
the  sight  of  one  eye,  and  was  losing  that  of  the  other ; 
released  that  he  might  be  put  under  proper  treatment. 
Subsequently  became  totally  blind. 

No.  31.  Lafayette  Carpenter.  Convicted  of  at- 
tempting to  extort  money  :  Superior  Court,  Worcester 
County,  January  Term,  1872.  Sentenced  to  one  year  in 
house  of  correction.  Pardon  granted  July  25,  1872. 
Prisoner  was  in  jail  several  months  before  sentence,  and 
release,  on  ground  of  feeble  condition,  was  recommended 
by  master  of  house  of  correction,  late  city  marshal  of 
Worcester,  the  complainant,  and  many  other  good  citizens 
conversant  with  the  case. 

No.  32.  JohnConlisk.  Convicted  of  larceny  in  build- 
ing :  Superior  Court,  Middlesex  County,  July  Term,  1870. 
Sentenced  to  three  years  in  house  of  correction.  Pardon 
granted  July  25,  1872,  on  petition  of  citizens  of  Troy, 
New  York,  where  he  formerly  lived.  Recommended  by 
sheriff  of  Middlesex  County,  master  of  house  of  correc- 
tion, and  several  citizens  of  Lowell,  on  gi-ound  that  sen- 
tence was  severe,  that  Conlisk  had  previously  borne  good 
character,  and  that  poor  health  kept  him  in  hospital  much 
of    he  time. 

No.  33.  James  Godley.  Convicted  of  keeping  a 
liquor  nuisance  :  Superior  Court,  Bristol  County,  June  24, 
1872.  Sentenced  to  three  months  in  the  house  of  correc- 
tion. Pardon  granted  August  13,  1872,  on  his  own  peti- 
tion, showing  that  he  gave  up  liquor-selling  several  months 
before  his  case  was  presented  to  the  grand  jury.  Recom- 
mended by  Hon.  James  Buffinton,  the  district-attorney, 
and  the  state  constable  who  prosecuted. 


Special  Messages.  965 

No.  34.  James  Tyrell.  Convicted  of  adultery  :  Su- 
perior Court,  Berkshire  County,  January  Term,  1872. 
Sentenced  to  one  year  in  house  of  correction.  Pardon 
granted  August  23,  1872.  Petitioned  for  by  Hon.  Henry 
L.  Dawes,  Hon.  Sylvander  Johnson,  Hon.  Shepard 
Thayer,  Jacob  Coon,  the  comphiinant,  B.  F.  Phillips  and 
M.  D.  Hodge,  of  the  trial  jury,  and  a  number  of  other 
citizens  of  North  Adams  and  that  neighborhood.  Com- 
mittee of  executive  council  gave  the  case  a  careful  inves- 
tigation, and  reported  that  in  their  judgment,  the  prisoner 
was  convicted  on  insufficient  evidence. 

No.  35.  John  J.  Jacobs.  Convicted  of  breaking  and 
entering  with  intent  to  steal :  Superior  Court,  Suffolk 
County,  November  Term,  1870.  Sentenced  to  two  years 
in  house  of  correction,  to  begin  in  March,  1871,  at  the 
expiration  of  a  previous  sentence.  Pardon  granted 
August  23,  1872,  on  his  own  petition,  indorsed  by  Hon. 
Moody  Merrill,  Hon.  Browuell  Granger,  Hon.  Albert 
Palmer,  Hon.  Geo.  Bartholmesz,  Patrick  Donahoe,  John 
L.  Swift  and  others.  Prisoner  was  a  young  man  who  had 
been  led  astray  by  evil  companions,  and  committee  of 
executive  council  were  satisfied  that  he  had  thoroughly 
reformed. 

No.  36.  Thomas  Burns.  Convicted  of  drunkenness  : 
Police  Court,  Newburyport,  June  27,  1872.  Sentenced 
to  three  months  in  house  of  correction.  Pardon  granted 
August  30,  1872,  with  concurrence  of  police  justice  who 
imposed  sentence,  and  on  petition  of  Hon.  D.  T.  Wood- 
well  and  thirty  other  citizens  of  Newburyport.  Burns 
signed  pledge  of  total  abstinence  from  intoxicating  liquors, 
and  the  petitioners  believed  he  would  keep  it  and  hence- 
forward give  no  cause  for  complaint. 

No.  37.  De  Forrest  Peterson.  Convicted  of  adul- 
tery :  Superior  Court,  Franklin  County,  March  Term, 
1872.  Sentenced  to  two  years  and  six  months  in  state 
prison.  Pardon  granted  Sept.  6,  1872,  on  petition  of 
Hon.  Wm.  Keith,  C.  C.  Conant,  David  Aiken,  Humphrey 
Stevens  and  twenty-five  other  citizens  of  Greenfield, 
Shown  to  the  satisfaction  of  the  governor  and  council 
that  the  wife  of  Peterson,  with  whom  he  had  lived  for 
some  years  in  Greenfield,  supposed  herself  divorced  from 
a  former  husband  and  at  liberty  to  marry  again,  and  that 
there  was  no  guilty  intent  on  the  part  of  prisoner. 


966  Special  Messages. 

No.  38.  John  McDeemott.  Convicted  of  larceny: 
Superior  Court,  Middlesex  County,  July  Term,  1871. 
Sentenced  to  eighteen  months  in  house  of  correction. 
Pardon  granted  Sept.  28,  1872,  on  petition  of  complainant. 
Recommended  by  district-attorney,  mayor  and  chief  of 
police,  Charles  H.  Taylor  and  other  citizens  of  Somer- 
ville.  Prisoner's  character  previously  good  and  sentence 
thought  to  be  unduly  severe. 

No.  39.  George  H.  Foley.  Convicted  of  larceny : 
Superior  Court,  Suffolk  County,  May  Term,  1872.  Sen- 
tenced to  four  years  in  state  prison.  Pardon  granted 
Sept.  28,  1872,  on  petition  of  his  mother.  He  was  in 
the  last  stages  of  consumption,  and  lived  but  a  short  time 
after  his  release. 

No.  40.  Jaihes  Murphy.  Convicted  of  robbery  :  Su- 
perior Court,  Bristol  County,  June  Term,  1869.  Sen- 
tenced to  five  years  in  state  prison.  Pardon  granted 
Sept.  28,  1872,  on  recommendation  of  the  prison  inspec- 
tors, that  he  might  die  at  home,  which  he  soon  afterward 
did,  of  consumption. 

No.  41.  John  Haydock.  Convicted  of  larceny  from 
the  person :  Superior  Court,  Middlesex  County,  July 
Term,  1870.  Sentenced  to  three  years  in  house  of  cor- 
rection. Pardon  granted  Oct.  15,  1872,  on  petition  of 
prisoner  and  his  mother,  endorsed  by  Hon.  C.  H.  Fiske, 
of  Boston.  Haydock's  previous  character  was  excellent, 
his  offence  had  mitigating  circumstances,  and  he  had  been 
several  months  in  hospital.  Advised  by  present  and 
former  district-attorneys,  and  physician  of  the  house  of 
correction. 

No.  42.  George  Sproul.  Convicted  of  larceny  ; 
Police  Court,  Charlestown,  June  3,  1872.  Sentenced  to 
six  months  in  house  of  correction.  Pardon  granted  Oct. 
15,  1872,  on  petition  of  his  mother  endorsed  by  a  number 
of  citizens.  Eecommeuded  by  the  chief  of  police  of 
*  Charlestown,  the  officer  who  made  the  arrest,  and  the  jus- 

.  tice  who  tried  the  case.     This  was  Sproul's  first  offence  ; 

the  officers  said  he  was  not  a  bad  youth,  and  they  believed 
pardon  would  make  a  good  man  of  him. 

No.  43.  John  Crane.  Convicted  of  cheating:  Su- 
perior Court,  Middlesex  County,  November  Term,  1870. 
Sentenced  to  two  years  in  house  of  correction.  He  was 
kept  in  jail  several  weeks  after  conviction,  and  pardoned 
on  recommendation  of  Sheriff  Kimball,  for  good  conduct, 


Special  Messages.  967 

Oct.  15,  1872,  the  date  at  which  his  term  would  have  ex- 
pired if  he  had  been  removed  to  house  of  correction  as 
soon  as  sentenced. 

No.  44.  Kerax  Dowling,  Convicted  of  assault : 
Municipal  Court,  Boston,  May  16,  1872.  Sentenced  to 
six  mouths  in  house  of  correction.  Pardon  granted  Oct. 
31,  1872,  on  petition  of  his  mother,  endorsed  by  several 
citizens  of  South  Boston.  Eecommended  by  the  police 
officers  who  arrested  and  prosecuted.  Released  two  weeks 
before  end  of  his  sentence,  that  he  might  accept  an  offer 
of  steady  employment  at  good  wages,  for  the  benefit  of 
his  mother  and  sisters,  who  were  left  in  a  state  of  great 
destitution  by  the  sudden  death  of  Dowling's  father. 

No.  45.  Warren  H.  Clemens.  Convicted  of  steal- 
ing: Superior  Court,  Suffolk  County,  June  Term,  1872. 
Sentenced  to  one  year  in  house  of  correction.  Pardon 
granted  Oct.  31,  1872,  on  certificate  of  attending  and  ex- 
amining physicians,  that  he  might  be  put  into  South  Bos- 
ton lunatic  hospital. 

No.  46.  John  M.  Crosby.  Convicted  of  forgery : 
Feb.  Term,  1869,  Superior  Court,  Suffolk  County.  Sen- 
tenced to  five  years  in  state  prison.  Pardon  granted  Oct. 
31,  1872,  on  petition  of  his  son.  The  prisoner  was  sixty- 
six  years  of  age,  in  feeble  health,  had  been  in  hospital 
much  of  time  for  several  mouths,  was  suffering  from  an 
incurable  disease,  and  his  children  were  prepared  to  give 
him  a  comfortable  home  and  such  medical  attendance  as 
he  needed.  Warden  Chamberlain  certified  that  his  con- 
duct in  prison  had  been  excellent,  and  that  he  manifested 
an  earnest  purpose  to  lead  a  correct  life. 

No.  47.  Charles  Kelly.  Convicted  of  assault  and 
disturbance :  Municipal  Court,  Southern  District  of  Bos- 
ton. Sentenced  August  24,  1872,  to  fine  and  costs  on 
three  indictments,  and  committed  to  house  of  correction 
for  non-payment.  Pardon  granted  November  15,  1872, 
on  his  own  petition.  The  justice  who  sentenced  him 
certified  to  the  governor  and  council  that,  under  the  inter- 
pretation of  law  accepted  by  the  authorities  in  charge,  the 
prisoner  was  getting  thrice  as  long  a  term  of  confinement 
as  the  court  intended  he  should  have. 

No.  48.  FranivLin  Cutting.  Convicted  of  assault  and 
battery :  District  Court,  Pittsfield,  September  6,  1872. 
Sentenced  to  three  months  in  house  of  correction.  Par- 
don granted  November  15,  1872,   on  petition  of  person 


968  Special  Messages. 

assaulted.  Recommended  by  state  constable  who  made 
the  arrest,  and  justice  who  tried  the  case.  This  was  Cut- 
ting's first  offence,  and  the  officers  believed  he  would  not 
again  offend. 

No.  49.  Heney  Phillips.  Convicted  of  arson  :  Court 
of  Common  Pleas,  Norfolk  County,  April  Term,  1859, 
and  sentenced  to  state  prison  for  life.  Pardoned  for 
Thanksgiving  day,  1872.  The  release  of  this  prisoner 
was  advised  by  the  late  warden  of  the  prison  two  years 
ago,  and  such  proceedings  were  had  as  led  him  to  inform 
Phillips  that  he  would  be  pardoned  for  Thanksgiving  day, 
and  the  necessary  preparations  for  his  release  on  that 
occasion  were  made  accordingly.  Pardon  was  not  granted. 
The  effect  of  what  took  place  at  that  time  was  bad  upon 
Phillips,  and  also  upon  other  prisoners,  who  felt  that  he 
had  not  been  quite  fairly  treated,  and  some  of  whom 
asked  the  present  warden  to  urge  his  pardon.  His  con- 
duct in  prison  was  uniformly  good,  and  he  gave  evidence 
of  a  sincere  disposition  to  lead  a  correct  life. 

No.  50.  John  Hurley.  Convicted  of  burglary  on 
two  indictments  :  Superior  Court,  Suffolk  County,  August 
Term,  1865.  Sentenced  to  ten  years  in  state  prison  on 
each  indictment.  Pardoned  for  Thanksgiving  day,  1872. 
Recommended  by  the  attorney-general  of  the  Common- 
wealth, Hon.  Thomas  Russell,  who  imposed  the  sentences, 
and  Hon.  Geo.  P.  Sanger  and  Hon.  P.  R.  Guiney,  who 
represented  the  State  at  the  time  of  trial.  It  was  con- 
ceded by  all  these  gentlemen  that  the  sentences  ought  not 
to  have  exceeded  five  years  on  each  indictment,  and  cer- 
tain features  of  the  trial  rendered  it,  in  their  judgment, 
advisable  to  release  the  prisoner  by  pardon.  In  this 
judgment  the  governor  and  council  concurred. 

No.  51.  Charles  Lynch.  Convicted  of  larceny: 
Police  Court,  Lawrence,  January  20,  1872.  Sentenced 
to  one  year  in  house  of  correction.  Pardon  granted  De- 
cember 12,  1872,  on  recommendation  of  physician  and 
master  of  house  of  correction.  Prisoner  was  very  low 
with  consumption,  and  had  friends  who  wished  to  provide 
what  was  necessary  for  his  comfort. 

No.  52.  Martin  Cheesbro.  Convicted  of  arson  on 
two  indictments  :  Superior  Court,  Berkshire  County,  July 
Term,  1870.  Sentenced  to  seven  years  in  state  prison. 
Pardon  granted  December  13,  1872,  on  recommendation 
of  the  inspectors  and  physician  of  the  prison,  because  in 


Special  Messages.  969 

last  stages  of  consumption,  and  could  probably  live  but  a 
few  weeks.     Parents  took  him  home. 

No.  53.  Adolfus  Berger.  Sentenced  from  Police 
Court,  Lawrence,  November  2,  1872,  to  sixty  days  in 
house  of  correction,  for  peddling  without  license.  Sub- 
sequently shown  to  satisfaction  of  the  court  and  the  gover- 
nor and  council  that  he  had  been  duly  licensed  by  the 
secretary  of  the  Commonwealth,  and  had  lost  his  papers. 
Pardon  recommended  by  the  court. 

No.  54.  James  INLvnchester.  Convicted  of  breaking 
and  entering :  Superior  Court,  Bristol  County,  December 
Term,  1871.  Sentenced  to  eighteen  months  in  house  of 
correction.  Pardon  granted  for  Christmas  day,  1872,  on 
recommendation  of  district-attorney.  Prisoner's  first  of- 
fence, conduct  in  confinement  excellent,  did  not  belong  to 
criminal  class,  and  pardon  was  asked  for  by  large  number 
of  respectable  persons  who  had  known  him  all  his  life,  and 
were  confident  he  would  not  again  ofiend. 

No.  55.  Maria  Murphy.  Convicted  of  larceny  from 
person:  Municipal  Court,  Boston,  July  27,  1871.  Sen- 
tenced to  two  years  in  house  of  correction.  Pardon 
granted  for  Christmas  day,  1872,  on  recommendation  of 
master  of  the  house  of  correction,  for  good  conduct,  and 
as  the  most  deserving  of  the  female  convicts  in  that  insti- 
tution. 

SUINIMARY. 

Of  the  55  pardons  issued,  10  went  to  the  state  prison,  43 
to  houses  of  correction,  and  2  to  Suffolk  County  jail. 
Nine  were  issued  solely  because  of  what  was  believed  to 
be  fatal  illness,  and  of  these  persons  it  is  known  that  six 
died  soon  after  being  released ;  nine  were  also  issued  to 
correct  errors  of  courts  or  prosecuting  officers,  and  four 
to  persons  partially  insane,  that  they  might  be  put  under 
proper  treatment  elsewhere.  Every  pardon  of  the  year 
contained  the  condition  that  if  the  person  to  whom  it  was 
issued  should,  before  the  expiration  of  the  sentence,  be 
convicted  of  any  crime  punishable  by  imprisonment,  he 
would  be  held  to  serve  out  the  remainder  thereof. 

[To  the  Senate  and  House  of  Representatives,  January  10.] 

Herewith,  for  the  information  and  use  of  the  General 
Court,  I  have  the  honor  to  transmit  the  Annual  Reports 
tor  1872,  of  the  Surgeon-General  of  the  Commonwealth, 
the  Commissioners  of  Inland  Fisheries,  the  Board  of  Police 


970  Special  Messages. 

Commissioners,  and  the  Commissioner  of  the  Mystic  River 
Corporation. 

[To  the  Senate  and  House  of  Representatives,  January  31.] 

I  have  the  honor  to  transmit  herewith,  for  the  informa- 
tion of  the  General  Court,  and  such  disposition  as  may- 
appear  expedient,  the  Tenth  Annual  Report  of  the  Trus- 
tees of  the  Massachusetts  Agricultural  College,  with  ac- 
companying documents. 

[To  the  Senate,  February  10.] 

I  have  the  honor  to  lay  before  you,  for  the  information 
of  the  General  Court,  a  letter  of  the  eighth  instant,  ad- 
dressed to  me  by  the  Honorable  Henry  Wilson,  resigning 
his  seat  in  the  United  States  Senate,  said  resignation  to 
take  eifect  on  the  third  day  of  March  next,  at  the  close  of 
the  forty-second  Congress. 

[To  the  House  of  Representatives,  February  18.] 

By  the  fifth  section  of  chapter  214,  Acts  of  1863,  the 
Commissioners  of  the  Troy  and  Greenfield  Railroad  and 
Hoosac  Tunnel  were  given  authority,  subject  to  the  ap- 
proval of  the  governor  and  council,  to  use  a  sum  of  money 
not  exceeding  fifty  thousand  dollars,  "to  extinguish  any 
liens  or  claims  or  rights  of  redemption,  which  any  person 
or  corporation  may  have,  in  order  to  perfect  the  title  of 
the  Commonwealth  to  said  railroad  and  tunnel." 

On  the  28th  ultimo,  the  house  of  representatives  adopted 
an  order  requesting  the  governor  and  council  to  commu- 
nicate any  information  in  their  possession  relative  to  the 
action  of  the  commissioners  in  this  regard ;  and  to  the 
inquiry  of  your  honorable  body  I  have  the  honor  to  reply 
as  follows  : — 

It  appears  that  the  j)ow^er  conferred  upon  the  commis- 
sioners by  the  statutory  provision  to  which  reference  is 
made,  was  given  for  the  purpose  of  enabling  them  to  pur- 
chase and  extinguish  the  rights  of  holders  of  bonds  secured 
by  a  mortgage  executed  July  30,  1855,  by  the  Troy  and 
Greenfield  Railroad  Company,  to  Jerome  V.  C.  Smith  and 
others  as  trustees.  (See  Report  of  Joint  Special  Legis- 
lative Committee  of  1864,  p.  25,  Senate  Document  No. 
50,  series  of  1865.)  By  an  order  of  the  governor  and 
council,  made  June  2,  1863,  a  committee  of  the  council 
was  directed  to  inquire  and  report  as  to  the  validity  of 
this  mortgage,  and  to  ascertain  what  other  liens  or  incum- 
brances existed  on  any  property  claimed  by  the  Common- 


SPEOiAii  Messages.  971 

wealth  under  its  mortgages ;  and  the  committee  were 
authorized  and  instructed  to  procure  the  opinions  of  the 
attorney-general,  the  Hon.  Isaac  F.  Redfield,  and  the 
Hon.  Emory  Washburn,  upon  the  points  mentioned. 
After  considering  the  report  of  this  committee,  and  the 
opinions  of  the  attorney-general  and  Messrs.  Redfield 
and  Washburn,  the  governor  and  council  declared  them- 
selves satisfied  (June  25,  1863)  that  the  Commonwealth 
had  obtained  complete  possession,  under  its  mortgages,  of 
all  the  property  intended  to  be  conveyed  to  it  by  the  Troy 
and  Greenfield  Railroad  Company ;  and  in  accordance 
with  suggestions  made  in  the  opinions  referred  to,  the 
attorney-general  was  requested  to  obtain  the  decision  of 
the  supreme  judicial  court  of  the  Commonwealth  concern- 
ing the  efiect  and  validity  of  the  mortgage  to  Smith  and 
others,  as  trustees,  and  to  cause  the  same,  if  possible,  "to 
be  set  aside,  or  declared  by  judicial  decree  postponed  to 
all  the  necessary  and  proper  disbursements  of  the  Com- 
monwealth made  in  the  past  and  future  work  of  construct- 
ing both  the  road  and  the  tunnel."  Legal  proceedings 
were  accordingly  instituted  for  this  purpose,  and  it  was 
decided  by  the  court  (March  9,  1865)  that  this  mortgage, 
and  the  bonds  secured  by  it,  were  invalid,  and  that  the 
holders  of  said  bonds  had  no  title  which  they  could  main- 
tain against  the  mortgages  of  the  Commonwealth.  (Vol. 
10,  Allen's  Reports,  pp.  448-459.)  In  consequence  of 
this  decision  no  action  was  had  and  no  expenditure  made 
by  the  commissioners  under  the  section  to  which  the  order 
of  the  House  refers. 

The  second  branch  of  the  legislative  inquiry  requests 
the  governor  and  council  to  furnish  "  any  other  informa- 
tion "  in  their  possession  "  not  heretofore  communicated, 
concerning  the  right  of  the  Commonwealth  in  the  Hoosac 
Tunnel  and  Troy  and  Greenfield  and  Southern  Vermont 
Railroads."  As  a  response  to  this  point,  I  have  to  say 
that  the  executive  oflSice  has  no  information  on  the  subject 
except  what  is  already  at  the  command  of  the  general 
court. 

[To  the  Senate  and  House  of  Representatives,  February  26.] 

I  have  the  honor  to  transmit  herewith,  for  the  informa- 
tion of  the  General  Court,  the  Annual  Report  of  the  Adju- 
tant-General of  the  Commonwealth,  for  the  year  ending 
December  31,  1872. 

63 


972  Special  Messages. 

[To  the  Senate  and  House  of  Representatives,  March  10.] 

I  have  received  a  circular  letter  from  certain  gentlemen 
of  Pennsylvania  who  constitute  the  Meade  Memorial  Exec- 
utive Committee,  in  which  is  urged  the  eminent  propriety 
of  erecting  a  monument  on  the  Gettysburg  battle-field  to 
the  late  General  Meade.  I  have  also  received  a  commui- 
cation  from  Generals  Devens,  Sargent  and  others,  repre- 
senting the  soldiers  of  this  Commonwealth  who  served  in 
the  Army  of  the  Potomac  during  the  late  war,  in  which 
this  suggestion  of  a  monument  is  endorsed,  and  the  idea 
advanced  that  the  position  occupied  on  the  field  by  our 
troops  should  be  appropriately  designated.  These  officers 
recommend  an  appropriation  by  the  State  in  aid  of  the 
purpose  which  they  and  their  comrades  have  at  heart. 
Copies  of  both  documents,  which  are  addressed  to  the 
Legislature  as  well  as  to  myself,  I  have  the  honor  here- 
with, to  lay  before  the  General  Court  for  its  information, 
in  the  conviction  that  you  will  give  the  subject  such  con- 
sideration as  it  merits. 

[To  the  Senate,  April  15.] 

In  compliance  with  the  request  of  the  legislature,  I  have 
the  honor  herewith  to  lay  before  the  Senate,  as  furnished 
me  by  the  Secretary  of  the  Commonwealth,  a  copy  of  the 
Annual  Report  of  the  State  Liquor  Commissioner,  for  the 
year  ending  September  30,  1872. 

[To  the  House  of  Representatives,  May  16.] 

Herewith  I  return  unapproved  to  your  honorable  body, 
in  which  it  originated,  the  bill  entitled  "  An  Act  in  relation 
to  the  Lee  and  New  Haven  Railroad  Company."  Though, 
by  indirection  and  under  the  guise  of  giving  a  construc- 
tion to  an  Act  approved  in  March  of  last  year,  the  efiect 
of  this  measure  is  to  grant  state  aid  to  the  extent  of  three 
hundred  thousand  dollars  to  the  railway  company  named 
in  the  title  of  the  bill,  I  can  neither  give  my  assent  to 
the  proposition  that  this  corporation  has  an  equitable  claim 
on  the  State  for  such  legislation,  nor  to  the  other  proposi- 
tion, that  the  Commonwealth  ought  to  aid  in  the  construc- 
tion of  the  Lee  and  New  Haven  Railroad. 

I  am  aware  that  in  the  early  days  of  railway  building  in 
this  State  the  credit  of  the  Commonwealth  was  sometimes 
loaned  to  what  were  deemed  meritorious  projects,  and 
thereby  some  most  difficult  and  doubtful  undertakings 
were  accomplished  much  earlier  than  they  could  have  been 


Special  Messages.  973 

if  left  wholly  to  private  euterprise.  I  have  never  ques- 
tioned that  this  was  wise  and  far-seeing  policy  for  the  era 
in  which  it  prevailed.  But  when  provision  had  been  made 
for  such  great  thoroughfares  as  were  of  general  advantage 
to  our  people  ;  when  the  matter  of  investing  in  and  man- 
aging railroads  had  become  so  well  understood  that  it 
could  no  longer  be  looked  upon  as  an  experiment  of  un- 
certain results ;  when  private  capital  was  not  only  abun- 
dant for  the  construction  of  all  the  railway  lines  demanded 
by  the  business  interests  of  the  State,  but  was  sufficient  to 
furnish  no  small  part  of  the  means  necessary  for  extend- 
ing the  railway  system  into  new  and  distant  States  and 
territories  ;  when  this  period  in  our  history  was  reached, 
I  supposed  no  conclusive  reason  could  be  given  why  the 
Commonwealth  should  longer  continue  to  aid  in  the 
furtherance  of  railway  projects.  That  the  public  credit 
should  not  be  pledged  in  this  direction  has  been  accepted 
as  the  general  policy  of  the  State  for  the  last  fifteen  years, 
as  may  readily  be  ascertained  by  an  examination  of  our 
statute  books.  It  is  undeniable  that  the  Commonwealth 
has  been  induced  occasionally  to  swerve  from  this  judi- 
cious policy,  but  it  may  be  doubted  whether  every  in- 
stance of  such  departure  has  not  been  to  her  detriment. 

The  general  court  of  1868  conspicuously  disregarded 
that  policy  in  making  generous  gi'ants  of  state  aid  to  the 
Lee  and  New  Haven,  and  the  Boston,  Hartford  and  Erie 
Railways.  We  are  not  permitted  to  assume  other^vise 
than  that  a  majority  of  its  members  then  thought  their 
action  prudent  and  commendable.  But  since  the  time  of 
that  action  we  have  been  making  history  most  rapidly. 
The  increased  burden  of  taxation  for  which  the  people 
have  received  no  just  equivalent,  the  worry  and  expense 
of  manifold  and  interminable  lawsuits  to  which  the  State 
and  her  citizens  have  been  subjected,  the  anxiety  of  the 
present  hour  to  know  how  much  may  be  saved  of  the 
millions  of  dollars  advanced  in  accordance  with  the  legis- 
lation of  that  session, — a  consideration  of  the  facts  thus 
indicated  may  properly  lead  us  to  question  whether  a 
single  member  of  that  majority  would  to-day  deem  it 
advisable  to  repeat  the  state-aid  votes  then  given. 

However  this  may  be,  it  would  seem  that  the  experience 
of  the  past  ought  to  warn  us  against  lending  a  friendly 
ear  to  railway  projects  not  recommended  to  promotion  by 
a  clear  and  indisputable  regard  for  the  interest  of  the  great 


974  Special  Messages. 

body  of  our  people.  In  my  judgment  no  new  proposition 
for  state  aid  to  railroads  should  now  be  favorably  consid- 
ered, and  I  am  not  able  to  foresee  that  any  exigency  war- 
ranting such  aid  can  arise  in  the  future.  Certainly,  until 
our  public  debt  is  greatly  reduced  from  its  present  pro- 
portions, the  utmost  economy  is  demanded  at  the  hands 
of  every  officer  of  the  government,  and  all  expenditures 
of  questionable  necessity  should  be  rigidly  withheld. 

Strongly  as  I  entertain  these  views,  I  should  approve 
the  bill  in  relation  to  the  Lee  and  New  Haven  Railroad 
Company  if  I  believed  that  the  corporation  had  an  equita- 
ble claim  on  the  Commonwealth  for  the  aid  it  grants. 
But  I  do  not  admit  that  the  company  has  any  such  claim. 
By  chapter  313,  Acts  of  1868,  the  State  made  a  contract 
with  this  company  to  loan  it  three  hundred  thousand  dol- 
lars upon  conditions  clearly  specified.  These  conditions 
were  not  complied  with  on  the  part  of  the  beneficiaries, 
and  therefore  the  State  was  never  called  upon  to  furnish 
the  promised  aid.  By  chapter  73,  Acts  of  1872,  the  time 
for  the  construction  of  this  company's  road  was  extended, 
and  it  is  now  intimated  that  ttas  extension  of  time  was 
supposed  to  carry  with  it  an  extension  of  the  state  loan. 
This  alleged  supposition  appears  to  me  incredible.  It 
certainly  has  no  warrant  in  what  was  done  by  your  prede- 
cessors. The  bill  introduced  at  the  instance  of  the  officers 
or  agents  of  the  company  asked  for  nothing  but  an  exten- 
sion of  time  for  the  construction  of  their  line ;  it  is  a  fact 
of  official  record  that  neither  the  legislature  nor  its  appro- 
priate committee  was  ever  informed  that  an  extension  of 
the  aid  granted  by  the  law  of  1868  was  desired ;  and  the 
.  Act  as  passed  without  debate  and  laid  before  the  execu- 

tive for  his  approval,  related  solely  and  explicitly  to  the 
construction  of  the  road.  The  members  of  your  honora- 
ble body  are  as  competent  as  I  am  to  judge  whether  a 
railway  grant  of  this  magnitude  would  have  been  conceded 
by  the  last  general  court  without  opposition  from  any 
quarter ;  but  I  may  say  that  the  executive  would  have 
declined  to  give  his  signature  to  the  Act  of  March,  1872, 
had  there  been  the  least  cause  for  suspecting  that  any  loan 
was  thereby  extended  or  revived.  On  a  careful  consid- 
eration of  all  the  circumstances  bearing  upon  the  question, 
I  am  forced  to  the  conclusion  that  this  corporation  has  no 
claim  in  equity  which  it  is  incumbent  on  us  to  recognize. 
Doubtless  it  will  be  urged  that  steps  have  been  taken 


Special  Messages.  975 

to  build  its  road  iu  the  expectation  that  aid  would  be 
received  from  the  State.  For  such  expectations,  if  they 
are  or  have  been  entertained,  neither  the  legislature  nor  the 
executive  of  last  year  is  responsible  ;  and  by  the  exercise 
of  reasonable  prudence,  any  one  interested  could  readily 
have  ascertained  that  they  were  not  well  founded.  One 
such  person  applied  at  the  executive  department  shortly 
after  the  adjournment  of  the  legislature,  to  know  if  it 
would  be  held  that  the  Act  of  March,  1872,  carried  with 
it  the  state  aid  of  1868,  and  at  his  request  the  executive 
obtained  the  opinion  of  the  attorney-general  of  the  Com- 
monwealth upon  the  question  presented.  That  opinion 
was  in  the  negative,  and  it  was  communicated  from  this 
department  to  the  person  inquiring,  with  the  statement 
that  the  action  of  the  governor  and  council  would  be  based 
thereon,  if  formal  application  was  made  for  state  aid.  If 
any  one  connected  with  the  road  was  not  informed  of 
these  facts,  it  must  have  been  because  no  effort  was  made 
to  ascertain  them.  Whether  the  persons  chosen  to  admin- 
ister the  trusts  of  the  corporation  deliberately  sought  to 
make  up  a  case  on  which  to  appeal  to  the  legislature,  or 
whether  they  have  been  guilty  of  nothing  worse  than  neg- 
ligence in  the  discharge  of  their  duties,  are  questions  I  do 
not  assume  to  answer.  But  in  either  view,  I  fail  to  see 
that  the  public  treasury  should  suffer  from  their  acts. 

I  am  thus  explicit  in  directing  attention  to  the  course 
of  affairs  last  year  with  respect  to  this  railway  company, 
that  the  character  of  the  measure  now  submitted  for  my 
approval  may  be  seen  in  its  true  relations.  I  cannot  re- 
gard it  as  other  than  a  new  proposition  for  the  Common- 
wealth to  loan  its  credit.  If  the  Lee  and  New  Haven 
road  should  receive  aid  from  the  state  funds,  it  is  hard  to 
conceive  of  any  railway  project  that  would  not  have  a 
claim  equally  as  strong.  However  valuable  this  line  may 
be  as  a  means  of  local  development,  it  is  one  in  which  the 
State  at  large  has  a  minimum  of  interest.  If  the  security 
offered  by  its  directors  is  good,  there  can  be  no  serious 
difficulty  in  raising  the  money  required  for  the  construc- 
tion of  the  road  from  private  sources.  If  it  is  not  good, 
then  most  assuredly  the  State  should  not  take  it.  It  may 
be  said  that  individuals  specially  interested  in  the  line 
will  be  grievously  disappointed  if  the  desired  aid  of  the 
Commonwealth  is  not  forthcoming.  No  person  can  more 
deeply  regret  such  disappointment  than  myself,  but  the 


976  Special  Messages. 

desires  of  the  few  should  not  blind  our  vision  to  the  in- 
terests of  the  many.  The  few  always  and  forever  press 
their  claims  with  ardor  and  tenacity  that  know  no  weari- 
ness. The  many,  the  great  majority,  are  silent  and  un- 
obtrusive ;  and  for  this  reason  are  entitled  to  our  highest 
regard.  Their  welfare  we  ought  neither  to  overlook  nor 
forget. 

Perhaps  it  will  be  held  that  the  Lee  and  New  Haven 
Eailroad  Company  is  entitled  to  consideration  on  the 
gi'ound  that  it  has  already  expended  money  in  the  con- 
struction of  its  line.  Such  expenditure,  if  any  has  been 
made,  is  in  direct  violation  of  law.  Under  chapter  383, 
Acts  of  1871,  no  work  could  legally  be  done  till  the  en- 
tire capital  stock  of  the  corporation,  to  the  extent  of  at 
least  fifteen  thousand  dollars  per  mile,  had  been  uncondi- 
tionally subscril)ed  by  responsible  parties,  nor  until  officers 
of  the  company  had  tiled  with  the  secretary  of  the  Com- 
monwealth a  sworn  certificate  setting  forth  that  twenty 
per  centum  of  the  par  value  of  each  and  every  share  of 
stock  had  lieen  paid  into  the  company's  treasury.  Sub- 
stantially the  same  provisions  as  those  of  this  Act  have 
been  in  our  statute  books  for  more  than  twenty  years,  and 
there  can  be  no  valid  excuse  for  a  violation  of  them  at  this 
late  day.  But  it  appears  to  have  been  stated  before  a 
committee  of  your  honorable  body,  by  agents  or  officers 
of  the  company  seeking  the  legislation  now  proposed,  that 
the  capital  stock  of  the  corporation  is  $375,000,  and  that 
about  twenty-five  miles  of  its  projected  road  is  in  this 
Commonwealth,  while  it  is  shown  that  but  al^out  $340,000 
had  been  subscribed  to  its  capital  stock  at  the  time  when 
it  is  alleged  work  began  on  its  road.  And,  moreover, 
though  it  is  also  stated  that  the  contractors  commenced 
operations  so  long  ago  as  last  October,  the  corporation 
has  not  yet  filed  with  the  secretary  of  the  Commonwealth 
the  required  certificate  of  a  twenty  per  centum  payment 
on  sul)scriptions,  and  the  exhibit  of  its  aflairs  to  your 
committee  compels  me  to  the  conclusion  that  no  such 
payment  was  made  before  work  began.  There  does  not 
seem  to  be  any  reason  why  special  favors  should  be 
granted  to  a  company  which  thus  disregards  peremptory 
provisions  of  general  law,  originally  enacted  in  1852,  re- 
tained in  the  General  Statutes  of  1860,  and  more  strin- 
gently reenacted  two  j'-ears  ago. 


Special  Messages.  977 

I  deplore  the  necessity  which  constrains  me  to  differ 
from  the  general  court  in  reference  to  the  measure  under 
consideration.  If  I  looked  upon  it  as  of  minor  conse- 
quence, I  should  not  permit  myself  to  trouble  you  with 
this  communication.  But  I  have  a  clear  and  decided  con- 
viction that  the  incorporation  of  it  into  our  statute  books 
would  be  detrimental  in  no  small  degree  to  the  best  in- 
terests of  the  State,  and  I  should  be  unfaithful  to  the 
trusts  imposed  upon  me  by  the  people  if  I  allowed  myself 
to  become  a  party  to  its  enactment.  I  therefore  feel  com- 
pelled to  return  the  biU  without  my  signature. 


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THE 

CIVIL    GOVERNMENT 

OF   THE 

AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH  FOR 
THE  POLITICAL  YEAR 


66 


EXECUTIVE   DEPAETMENT. 


HIS     EXCELLENCY 

WILLIAM    B.    WASHBUElSr, 

GOVERNOB. 
SIDNEY  ANDREWS,  Private  Secretary. 


HIS     HONOR 


THOMAS    TALBOT, 

LIEUTENANT-GOVERNOR. 


COUNCIL— (By  Districts) 


I.— ALFRED  MACY. 
IL— SETH  TURNER. 
III.— MILO  HILDRETH. 
IV.— RUFUS  S.  FROST. 


v.— DANIEL  H.  STICKNEY. 
VI.— JONATHAN  B.  WINN. 
VII.— GEORGE  WHITNEY. 
VIII.— EDWIN  CHASE. 


OLIYEE    WAEKEE, 

Secretary  of  the  Commonwealth. 
CHARLES  W.  LOVETT,  1st  Clerk.  BENJAMIN  C.  PIPER,  2d  Clerk. 

CHAKLES    ADAMS,  Jr., 

Treasurer  and  Receiver-General. 
DANIEL  H.  ROGERS,  1st  Clerk.  ARTEMAS  HARMON,  2d  Clerk. 

CHAELES    EISTDICOTT, 

Auditor. 
EDWARD  S.  DAVIS,  Is!!  Clerk.  AUGUSTUS  BROWN,  2d  Clerk. 


CHAELES    E.    TEAIK, 

Attorney-General. 
WILLIAM  G.  COLBURN,  Assistant  Attorney -General. 


LEGISLATIVE    DEPAETMENT. 


GENERAL    COURT: 

Arranged  en  accordance  with  the  District  Revision  of  1866. 


SENATE. 


Presideni^GEORGE  B.  LORING. 


District. 

Name  of  Senator. 

Residence. 

First  Suffolk,     . 

Henry  S.  Washburn,  . 

Boston. 

Second  " 

Martin  Grifl&n,    . 

Boston. 

Third     " 

Francis  W.  Jacobs,     . 

Boston. 

Fourth  " 

Julius  K.  Banister,     . 

Boston. 

Fifth      " 

William  H.  Learnard,  Jr., . 

Boston. 

Sixth     " 

Robert  Johnson, 

Boston. 

First  Essex, 

George  D.  Whittle,     . 

Lynn. 

Second  " 

George  B.  Loring, 

Salem. 

Third     " 

Nathan  W.  Harmon,  . 

Lawrence. 

Fourth  " 

David  T.  Woodwell,  . 

Newbuiyport. 

Fifth       " 

Newell  Giles, 

Rockport. 

First  Middlesex, 

Edward  Lawrence,     . 

Charlestown. 

Second  " 

Joseph  S.  Potter, 

Arlington. 

Third     " 

Robert  0.  Fuller, 

Cambridge. 

Fourth  " 

Newton  Morse,  . 

Natick. 

Fifth       " 

Levi  Wallace,     . 

Pepperell. 

•%998 


Senate. 


District. 

Name  of  Senator. 

Residence. 

Sixth  Middlesex, 

Carroll  D.  Wright,     . 

Reading. 

Seventh      " 

Jeremiah  Clark, 

Lowell. 

First  Worcester, 

George  F.  Thompson, 

Worcester. 

Second       " 

Samuel  M.  Griggs,     . 

Westborough. 

Third 

Henry  L.  Bancroft,     . 

Millbury. 

Fourth 

N.  L,  Johnson,    . 

Dana.           • 

Fifth 

George  A.  Torrey, 

Fitchburg. 

First  Hampden, 

Timothy  F.  Packard,  . 

Monson. 

Second       " 

William  Whiting, 

Holyoke. 

Hampshire, 

Rufus  D.  Woods, 

Enfield. 

Franklin,  . 

John  D.  Todd,    . 

Conway. 

Berkshire, 

Edward  Learned, 

Pittsfield. 

Berksh'e  &Hampsh'e, 

Prentiss  C.  Baird, 

Lee. 

First  Norfolk,    . 

Moody  Merrill,  . 

Boston. 

Second    " 

Charles  H.  French,     . 

Canton. 

Third      " 

Erastus  P.  Carpenter, 

Foxborough. 

First  Plymouth, 

George  W.  Lobdell,   . 

Mattapoisett. 

Second      " 

Lloyd  Parsons,    . 

Bridgewater. 

Norfolk  &  Plymouth, 

Jedediah  Dwelley,     . 

Hanover. 

First  Bristol, 

James  Brown,    . 

Taunton. 

Second     " 

Isaac  H.  Coe, 

New  Bedford. 

Third       » 

Charles  P.  Stickney,  . 

Fall  River. 

Cape        " 

Joseph  K.  Baker, 

Dennis. 

Island      " 

Francis  A.  Nye,  . 

Falmouth. 

STEPHEN  N.  GIFFORD,  Clerk. 


EDWARD  ABBOTT,  Chaplain. 
JOHN  MORISSEY,  Sergeant-at-Arms. 


House  of  Kepeesextatives. 


999 


HOUSE    OF   EEPRESENTATIVES 


Speaker— JOITN  E.  SANFORD. 


COUNTY  OF  SUFFOLK. 


Name  of  Representative. 


1st, 
2d, 
8d, 
4th, 
6th, 
6th, 
7th, 

8th, 

9th, 
10th, 


Boston,  Ward  1, 
Boston,  Ward  2, 
Boston,  Ward  3, 
Boston,  Ward  4, 
Boston,  Ward  5, 
Boston,  Ward  6, 
Boston,  Ward  7, 

Boston,  Ward  8, 

Boston,  Ward  9, 
Boston,  Ward  10, 


James  Smith,  . 
Henry  B.  Hill,  . 
Andrew  M.  Morton, . 

Henry  Splaine, 

William  Taylor, 
Dennis  Bonner, 

Stephen  D.  Salmon,  Jr., 
William  H.  Cook,  . 
Daniel  A.  Cronin,     . 

Barney  Hull,    . 
Alfred  A.  Clatur, 
George  G.  Crocker, . 

John  W.  Regan, 
Roger  H.  Scannell,  . 
Horace  L.  Bowker,  . 

Charles  R.  Codman, 
Francis  B.  Hayes,  . 
Lewis  Hayden, 

Hugh  J.  Toland,  . 
John  E.  Fitzgerald, . 
Thos.  F.  Fitzgerald, 

Lucius  W.  Knight,  . 
Heni-y  P.  Shattuck,  . 
Benjamin  Heath, 

Francis  D.  Stedman, 
William  Frost, 

'John  A.  Nowell, 
Samuel  B.  Hopkins, . 


Boston. 
Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston, 
Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 
Boston. 

Boston. 

Boston. 
Boston. 

Boston, 
Boston, 
Boston. 

Boston. 

Boston. 

Boston. 
Boston. 


1000 


House  of  Eepkesen^tatives. 

COUNTY  OF  SUFFOLK— Concluded. 


District. 

Town  or  Ward. 

Name  of  Eepresentatlve. 

Kesidence. 

11th, 

Boston,  Ward  11,    .  < 

Daniel  A.  Patch, 
John  Bigelow, . 
Edward  J.  Jones,     . 

Boston. 
Boston. 
Boston. 

12th, 

Boston,  Ward  12,    .  j 

Liberty  D.  Packard, 
Henry  W.  Wilson,    . 

Boston. 
Boston. 

13th, 

C  Chelsea,  . 
<  Revere,    . 
(  Winthrop, 

Eustice  C.  Fitz, 
John  W.  Fletcher,    . 
Sumner  Carruth, 

Chelsea. 
Chelsea. 
Chelsea. 

COUNTY  OF  ESSEX. 


1st, 

2d, 

3d, 
4th, 

5th, 

6th, 

7th, 

8th, 

9th, 

10th, 


Salisbury, 
Amesbuiy, 
'  West  Newbury, 

Haverhill, 
Bradford, 


^  Lawrence, 
\  Methuen, 

^  Andover,. 

I  North  Andover, 

C  Georgetown, 
}  Groveland, 
(  Boxford,  . 

^  Newburyport, 
I  Newbury, 

^  Ipswich,  . 
I  Rowley,  . 

i  Gloucester, 
I  Essex, 

Rockport, 

^Beverly,  . 
^  Manchester, 
r  Hamilton, 


Richard  F.  Briggs, 
Charles  W.  Momll, 

William  E.  Blunt, 
George  J.  Dean, 
Almond  K.  Lancaster, 

George  E.  Davis, 
Horace  C.  Bacon, 
Granville  E.  Foss, 

Hiram  BeiTy,    . 


Charles  Perley, 

Robert  Couch,  . 
George  W.  Clark,     . 
Ben.  C.  Currier,     ■  . 

John  Perkins,  . 

Addison  Gilbert, 
James  G.  Tarr, 
Fitz  E.  Griffin, . 

James  W.  Bradley,  . 

Francis  E.  Porter,     . 
Francis  R.  Allen, 


Amesbury. 
Salisbuiy. 

Haverhill. 
Haverhill. 
Haverhill. 

Lawrence. 
Lawi'ence. 
Methuen. 

N.  Andover. 


Boxford. 

Newl^uryport. 
Newburyport. 
Newljuiyport. 

Ipswich. 

Gloucester. 
Gloucester. 
Gloucester. 


Rockport. 


Beverly. 
Hamilton. 


House  of  REPKESENTATn^s. 

COUNTY  OF  ESSEX— Concluded. 


1001 


11th, 
12th, 
13th, 
14th, 
15th, 

16th, 
17th, 
18th, 

19th, 
20th, 


Town  or  Ward. 


J  Danvers, . 
I  Wenham, 

Peabody, 


1 


Salem,  Wards  1,  2  ? 
and  3,  .        .        .$ 

Salem,  Wards  4  and  6 

<  Marblehead,  and       ? 
(     Ward  5,  Salem,   .  ^ 

{  Lynn,  Ward  4,  and  } 
I      Nahant,        .         .  ^ 

Lynn,  Wards  2  and  5, 

^  Lynn,  Ward  3,  and  ? 
I     Swampscott,        .  ^ 

J  Lynn,   Wards    1,  6  ? 
I     and  7,  .        .        .  ^ 


{Saugus,    . 
Lynnfield, 
Middleton, 
Topsfield, 


Name  of  Kepresentatlve. 


:j 


George  J.  Sanger,    . 

Charles  V.  Hanson, . 

Willar*  P.Phillips,. 
George  Sanborn, 

William  A.  Creesy,  . 

Thomas  Ingalls, 
Richard  H.  Humphrey, 

Bowman  B.  Breed,  . 

Edward  A.  Berdge, . 

Oliver  M.  Stacey,     . 

Walter  B.  Allen,      . 
Jacob  B.  Calley, 


Danvers. 


Peabody. 

Salem. 
Salem. 

Salem. 

Marblehead. 
Marblehead. 


Lynn. 
Lynn, 
Lynn. 

Lynn. 
SauoTis. 


COUNTY  OF  MIDDLESEX. 


1st, 
2d, 

3d, 

4th, 
6th, 


Charlestown,  W'd  1, 
Charlestown,W'd2, 


Charlestown 


,Wd3,j 


Somerville, 
Maiden,* 

Medford, . 


Robert  R.  Wiley, 

John  Sampson, 
I.  W.  Derby,     . 

Andrew  J.  Bailey, 
John  H.  Studley, 

Quincy  A.  Vinal, 
Alqnzo  H.  Evans, 
Jolin  H.  Abbott, 

Benjamin  F.  Hayes, , 


Charlestown. 

Charlestown. 
Charlestown. 

Charlestown. 
Charlestown. 

Somerville. 

Everett. 

Maiden. 

Medford. 


*  Town  of  Everett  incorporated  March  9,  1870,  embracing  a  portion  of  the  town  of 
Maiden.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until  new  ap- 
portionment. 


1002 


House  of  Representatives. 

COUNTY  OF  MIDDLESEX— Continued. 


6th, 

7th, 

8th, 

9th, 
10th, 

nth, 

12th, 
13th, 

14th, 

15th, 

16th, 
17th, 

18th, 

19th, 
20th, 


Town  or  Ward. 


^  Arlington, 
I  Winchester,     . 

5  Cambridge,  Ward  1, 
I  Ward  5^ 

5  Cambridge,  Ward  2, 
I  Ward  4,' 

Cambridge,  Ward  3, 


^  Newton,  . 
I  Brighton, 

^  Watertown, 
I  Belmont, 

Waltham, 

Natick,     . 

^  Holliston, 
I  Sherborn, 

i  Hopkinton, 
(  Ashland, . 

Framingham, 

Marlborough, 

f  Hudson,  . 
I  Stow,*     . 
I  Boxborough, 
(  LittletoUi 

C  Acton, 

<  Sudbury,* 
(  Wayland, 

C  Concord, 

<  Lincoln,  . 
(  Weston,  , 


Name  of  Representative. 


J.  Winslow  Peirce,  . 

George  P.  Sanger,   . 

John  W.  Hammond, 
Joshua  B.  Smith, 
Asa  P.  Morse,  . 

Samuel  W.  McDaniel,  . 

Ezra  D.  Winslow,    . 
John  W.  Hollis, 

Henderson  J.  Edwards, 

William  Roberts, 
Simeon  Hardy, 

John  M.  Batchelder, 

Moses  L.  Buck, 

Franklin  H.  Sprague, 
Edward  L.  Bigelow, 

Daniel  C.  Fletcher,  . 


Thomas  P.  Hurlbut, 


John  B.  Moore, 


Arlington. 

Cambridge. 

Cambridge. 
Cambridge. 
Cambridge. 

Cambridge. 

Newton. 
Brighton. 

Watei-town. 

Waltham. 
Natick,  . 

Holliston, 

Hopkinton. 

Framingham. 
Marlborough. 

Littleton. 


Sudbury. 


Concord. 


*  Town  of  Maynard  incorporated  April  19,  1871,  embracing  portions  of  the  towns  of 
Stow  and  Sudbury.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until 
new  apportionment. 


House  of  Eepeesentatives. 

COUNTY  OF  MIDDLESEX— Concluded. 


1003 


21st, 

22d, 
23d, 

24th, 

25th, 

26th, 

27th, 
28th, 
29th, 

30th, 

31st, 
32d, 


Town  or  Ward. 


Name  of  Kepresentative, 


(  Lexington, 
!  Bedford,  . 
1  Burlington, 
[Carlisle,  . 

Woburn, . 

Stoneham, 
Wakefield, 
Melrose,  . 

Reading, . 
North  Reading, 
Wilmington, 

Chelmsford, 

Billerica, 

Tewksbury, 


Lowell,  Ward  1, 
'  "  Ward  2, 
;       "        Ward  6, 

Lowell,  Ward  3, 

Lowell,  Ward  4, 

Lowell,  Ward  5, 


f  Dracut,    . 
I  Tyngsborough, 
j  Dunstable, 
l^Westford, 

<  Groton,* 
I  Pepperell, 

C  Townsend, 

<  Ashby,     . 
(  Shirley,*  . 


Elijah  Marion, 


John  Cummings, 

Amos  Hill, 
Richard  Britton, 


John  S.  Coney, 

George  H.  Whitman, 

Joseph  L.  Sargent,  . 
George  A.  Marden,  . 

WilliamH.Loughlin, 
Edward  F.  Watson, . 
Jonathan  Johnson,  . 

J.  Henry  Read, 

Amos  J.  Saunders,  . 
Samuel  S.  Haynes,  . 


Burlinoix)n. 


Woburn. 

Stoneham. 
Wakefield. 


No.  Reading. 

Billerica. 

Lowell. 
Lowell. 

Lowell. 
Lowell. 
Lowell. 

Westford. 

Pepperell. 
Townsend. 


COUNTY  OF  WORCESTER. 


1st, 


Ashburnham,  . 
Winchendon,  . 


Austin  Whitney, 


Ashburnham. 


*  Town  of  Ayer  incorporated  February  14,  1871,  embracing  portions  of  the  towns  of 
Groton  and  Shirley.  Suflfrage  rights  unchanged,  except  for  municipal  purposes,  until 
new  apportionment. 

67 


1004 


House  of  Represei^tatives. 

COUNTY  OF  WORCESTER— Continued. 


Town  or  Ward. 


2d, 
3d, 

4th, 

5th, 

6th, 
7th, 
8th, 

9th, 

10th, 

11th, 
12th, 


J  Royalston, 
I  Athol,      . 

^  Gardner, . 
\  Templeton, 

'  Petersham, 

Dana, 

Phillipston, 
^  Hubbardston, 

Barre, 

Hard  wick, 
^  New  Braintree, 

f  Westminster, 
J  Fitchburg, 
1  Lunenburg, 
[  Leominster, 

C  Lancaster, 

<  Bolton,    . 
(  Harvard, 

C  Clinton,   . 

<  Berlin,     . 

(  Northborough, 

C  Sterling,  . 

<  West  Boylston, 
d  Boylston, 

{Rutland,  . 
Holden,  . 
Princeton, 
Oakham, . 


'Worcester,  Ward  1 
Ward  2 
Ward  3 
Ward  8 

^Paxton,    . 

{Worcester,  Ward  4 
Ward  5 
Ward  6 
Ward  7 

^  Grafton,  . 

I  Shrewsbui-y,    . 


Name  of  Representative. 


George  H.  Hoyt, 

William  N.  Walker, 


Stephen  D.  Goddard, 
Charles  A.  Gleason, 


Rodney  Wallace, 
C.  C.  Field,       . 
William  Baker, 


Augustus  J.  Sawyer, 


John  B.  Parker, 


Joseph  W.  Cross,     . 


Asa  H.  Goddard, 


Samuel  Win  slow,     . 
John  Gates, 
Timothy  "W.Wellington, 


George  P.  Kendrick, 
Samuel  E.  Hildreth, 
Joseph  A.  Titus, 


George  H.  Harlow,  . 


Athol. 
Templeton. 


Petersham. 
N.  Braintree. 


Fitchburg. 

Leominster. 

Lunenburg. 


Harvard. 
Northborough. 
W.  Boylston. 

Princeton. 


Worcester. 
Worcester. 
Worcester. 


Worcester. 
Worcester. 
Worcester. 


Shrewsbury. 


House  of  Repeesentatives. 

COUNTY  OF  WORCESTER— Concluded. 


1005 


13th, 
14th, 

15th, 
16th, 

17th, 
18th, 


Name  of  Representative. 


^  Westboi'ough, . 
(  Southborough, 

^  Northbridge, 
I  Upton, 

plilford,  . 
J  Mendon,  . 
j  Blackstone, 
{  Uxbridge, 

'  Douglas, . 

Webster, . 

J  Dudley,   . 

j  Oxford,    . 

Sutton,     . 
^  Millbuiy, 

r  Auburn,  . 
I  Leicester, 

1  Spencer,  . 
Charlton, 
Southbridge, 

{Sturbridge, 
Brookfield, 
North  Brookfield, 
West  Brookfield, 
Warren,  . 


William  H.  Buck, 


Emory  A.  Howard, 


George  B.  Blake, 
Heniy  C.  Skinner, 
John  C.  Scott,  . 


C.  D.  Morse,     . 
Andrew  J.  Waters, 
Samuel  W.  Heath, 


Chas.  V.  Carpenter, . 
Moses  D.  Woodbury, 


Noah  D.  Ladd, . 
William  B.  Stone, 


Southborough. 
Northbridge. 


Milford. 
Milford. 
Blackstone. 


Millbury. 
Webster. 
Doufflas. 


Southbridge. 
Charlton. 


Sturbridge.' 
W.  Brookfield. 


COUNTY  OF  HAMPSHmE. 


1st, 


2d, 


3d, 


'  Easthampton, . 

Huntington,  . 
<  Northampton, . 

Southampton,  . 
^  Westhampton, 

'  Chesterfield, 

Cummington, 

Goshen,    . 

Middlefield, 

Plainfield, 
^  Worthington, 

Hadley,  . 
Hatfield,  . 
Williamsburg, 


Lewis  J.  Dudley, 
Elijah  N.  Woods, 


Hiram  Packard, 


Franklin  Bonney, 


Northampton. 
Huntington. 


Goshen. 


Hadley. 


1006 


House  of  Eepeesextatives. 

COUNTY  OF  HA^IPSHIRE— Concluded. 


4th, 
5th, 

6th, 


Town  or  Ward. 


^  Amherst,. 
(  South  Hadley, 

C  Belchertown,  . 
<  Granby,  . 
(  Pelham,  . 

r  Enfield,    . 
!  Greenwich, 
1  Prescott,  . 
[Ware,      . 


Name  of  Representative. 


Henry  Burt, 
Addison  Burnett, 

Wales  Aldrich, 


Amherst. 


Belchertown. 


Prescott. 


COUNTY  OF  HAMPDEN. 


1st, 

2d, 

3d, 
4th, 

5th, 

6th, 

7th, 
8th, 
9th, 


TMonson,  . 
I  Brimfield, 
j  Holland,  . 
l^  Wales,     . 

J  Palmer,    . 

I  Wilbraham,     . 

C  Springfield,  Ward  1, 
I  "  Ward  2, 

(  "  Ward  3, 

5  Springfield,  Ward  4, 
I  "  Ward  6, 

C  Springfield,  Ward  5, 
I  "  Ward  7, 

(  "         Ward  8, 

C  Holyoke, . 
<  ChicoiDee, 
(Ludlow,  . 

f  Granville, 
I  Southwick, 
-{  Agawam, 
West  Springfield, 
^  Longmeadow, 

Westfield, 


'Chester,   . 
Blandford, 
Montgomery, 
Russell,    . 

(^  Tolland,  . 


Thomas  J.  Morgan, 


James  B.  Shaw, 


Charles  R.  Ladd, 
H.  M.  French,  . 


A.  L.  Soule, 


Henry  W.  Phelps, 


Edward  W.  Chapin, 
Wm.  R.  Kentfield, 


Oliver  Wolcott, 
Aaron  Bagg,    . 


Lewis  R.  Norton, 


Fi'ancis  W.  Clark, 


Brimfield. 


Palmer. 


Springfield. 
Springfield. 


Springfield. 
Springfield. 


Holyoke. 
Chicopee. 


Longmeadow. 
W.Springfield. 


Westfield. 


Montgomeiy. 


House  or  Representatives. 

COUNTY  OF  FRANKLIN. 


1007 


Name  of  Kepresentative. 


1st, 


2d, 


3d, 


4th, 


5th, 


Warwick, 
'  Orange,  . 
'  New  Salem, 

'  Montague, 
Sunderland, 
Leverett, . 
Shutesbuiy, 

(^Wendell, 

'  Greenfield, 

Colrain,  . 

Leyden,  . 

Bernardston, 

Gill, 

Northfield, 
^Erving,    . 

Deerfield, 
Shelburne, 
Whately, 
Conway, . 
Ashfield, . 
^Hawley,  . 

'  Buckland, 
Charlemont, 
Heath, 
Rowe, 

^Monroe,  .  . 


A.  S.  Atherton, 


Harrison  O.  Field,    . 


Elijah  E.  Belding,    . 
William  Stewart, 


George  W.  Bardwell, 
Charles  Crittenden,  . 


Ezekiel  D.  Bement, . 


Warwick. 


Leverett. 


Northfield. 
Colrain. 


Deerfield. 
Hawley. 


Buckland, 


COUNTY  OF  BERKSHIRE. 


1st, 


2d, 


3d, 


{Hancock, 
Lanesborough, 
New  Ashford, 
Williamstown, 

'  Adams,    . 
Cheshire, 
Clarksburg, 
Florida,   . 

l^  Savoy,     . 

Dalton,  . 
Pittsfield, 
Richmond, 


Kirke  E.  Gardner,    . 


William  C.  Plunkett, 
William  F.  Darby,    . 


James  M.  Barker,    . 
George  Y.  Learned, 


Hancock. 


Adams. 
Adams. 


Pittsfield. 
Pittsfield. 


1008 


House  op  Representatives. 

COUNTY  OF  BERKSHIRE— Concluded. 


4th, 


5th, 


6th, 


7th, 


8th, 


Town  or  Ward. 


( Becket,  . 
I  Hinsdale, 
<!  Peru, 

Washington,    . 
[  Windsor, 

C  Lenox, 

^  Stockbridge,    . 

(  West  Stockbridge, 

{Lee, 
Monterey, 
Otis, 
Tyringham,     . 


Alford,     . 
Effremont, 


j  Great  Barrington, 
[^  Mount  Washington 

C  New  Marlborough 
^  Sandisfield, 
(  Sheffield, 


Name  of  Representative. 


James  L.  White, 


Marcus  Truesdell,    . 


Thomas  M.  Judd,     . 


Seymour  B.  Dewey, 


Austin  Hawley, 


Windsor. 


\V.  Stockbridge. 


Lee. 


Egremont. 


Sandisfield. 


COUNTY  OF  NORFOLK. 

1st, 

Dedham,*t 

Frederick  D.  Ely,     . 

Dedham. 

2d, 

West  Roxbury, 

Robert  Seaver, 

W.  Roxbury. 

3d, 

rRoxbui7,t  Ward  2,^1 
J         "          Ward  3,  i 
^          "           Ward  4,  f 
[         "           Ward  5,j 

Albert  Palmer, 
George  Bartholmesz, 
Brownell  Granger,  . 

Boston. 
Boston. 
Boston. 

4th, 

Roxbury,  Ward  1,  . 

Henry  B.  Chamberlain, 

Boston. 

5th, 

Dorchester,*    .        .  ^ 

Richardson  Hutchinson, 
Albe  C.  Clark,  . 

Boston. 
Boston. 

6th, 

Quincy,    . 

James  A.  Stetson,    . 

Quincy. 

*  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11 ;  Dorcliester  annexed  to  Boston  in  1869.  Suffrage  riglits  unchanged;  except  for 
municipal  purposes,  until  new  apportionment. 

t  Annexed  to  Boston  in  1867.  Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 

J  Town  of  Norwood  incorporated  February  23,  1872,  embracing  portions  of  Dedham 
and  Walpole.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until  new 
apportionment. 


House  of  Kepeesentatives. 

COUNTY  OF  NORFOLK— Concluded. 


1009 


7  th, 

8th, 

9th, 
10th, 

11th, 

12th, 
13th, 

14th, 

15th, 


Braintree, 

Weymouth, 

Randolph,* 
Stoughton, 

f  Canton,   . 
Milton, t  . 
Walpole,J 
\^  Sharon,    . 

C  Foxborough, 
}  Wrentliam,:}: 
(  Meclway,t 

^  Franklin,! 
I  Bellingham, 

C  Needham, 
^  Medfield, 
( Dover,     . 

Brookline, 


Name  of  Kepresentative. 


Rodolphus  Porter,    . 

E.  Atherton  Hunt,    . 
Joseph  Dyer,    . 

A.  J.  Gove, 

Adam  Capen,  Jr.,     . 

Willard  Lewis, 

Sanford  Waters  Billings, 


Alexis  W.  Ide, . 
George  T.  Ryder, 


John  H.  Fisher, 

Amos  W.  Shumway, 
Austin  W.  Benton,   . 


Braintree. 

Weymouth, 
Weymouth. 

Randolph. 

Stouofhton. 


Walpole. 
Sharon. 


Medway. 
Foxborough, 


Franklin, 

Dover, 
Brookline. 


COUNTY  OF  BRISTOL. 


1st, 

Attleborough, , 

Edward  Sanford, 

Attleborough, 

2d, 

<  Mansfield, 
I  Norton,    . 

■] 

Andrew  H.  Sweet,    . 

Norton. 

3d, 

<  Easton,    , 
I  Raynham, 

■} 

George  Copeland,    . 

Easton. 

4th, 

Taunton, , 

John  E.  Sanford, 
William  R.  Black,    . 
Nathan  B.  Seaver,    . 

Taunton. 
Taunton. 
Taunton. 

*  Town  of  Holbrook  incorporated  February  29,  1S72,  embracing  a  portion  of  the  town 
of  Randolph.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until  new 
apportionment. 

t  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11. 

X  Town  of  Norfolk  incorporated  February  23, 1870,  embracing  portions  of  Wrentham, 
Franklin,  Medway  and  Walpole.  Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 


1010 


House  of  Repkesentattves. 

COUNTY  OF  BRISTOL— Concluded. 


District. 


Town  or  Ward. 


6th, 

6th, 

7th, 

8th, 
9th, 

10th, 
11th, 
12th, 


' Seekonk, . 
Kehoboth, 
Dighton, . 
Berkley,  . 

Somerset, 
'  Swanzey, 
I  Freetown, 


Fall  River, 

Westport, 

Dartmouth, 

;  New  Bedford,  W'ds 
1,  2  and  3,    . 

New  Bedford,  W'ds 
4,  5  and  6,    . 

Fairhaven, 
Acushnet, 


Name  of  Representative. 


Charles  Talbot, 


William  Dean, . 

George  O.  Fairbanks, 
Weaver  Osborn, 
Charles  J.  Holmes,  . 

Giles  E.  Brownell,   . 

Benjamin  F.  Wing, . 

Isaac  F.  Sawtell, 
William  C.  Parker,  Jr., 

Elijah  H.  Chisholm, . 
Isaac  D.  Hall,  . 

William  H.  Whitfield,  . 


Dighton. 


Freetown. 

Fall  River. 
Fall  River. 
Fall  River. 

Westport. 

Dartmouth. 

New  Bedford. 
New  Bedford. 

New  Bedford. 
New  Bedford. 

Fairhaven. 


COUNTY  OF  PLYMOUTH. 


1st, 
2d, 

3d, 

4th, 
5th, 


i  Cohasset, 
I  Scituate,  . 

I  Hingham, 
'  Hull, 

■  South  Scituate, 
Hanover, 
Hanson,  . 

Marshfield, 
'  Pembroke, 
'  Halifax,  . 

Duxbury, 
Kingston, 


Joshua  W.  Davis, 


John  Cushing, , 


Calvin  T.  Phillips,   . 


David  P.  Hatch, 


Nahum  Bailey,  Jr.,  . 


Cohasset. 


Hing-ham. 


Hanson. 


Marshfield. 


Kingston. 


House  of  Bepresentatives. 

COUNTY  OF  PLYMOUTH— Concluded. 


1011 


DiBtrict 


6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 


C  Plymouth, 

<  Cai-ver,    . 
(  Plympton, 

<  Wareham, 
I  Marion,    . 

C  Mattapoisett, 

<  Rochester, 
r  Lakeville, 


Middleborough, 

Bridgewater,  . 
West  Bridgewater, 

East  Bridgewater,  . 
North  Bridgewater, 


Abington, 


Name  of  EepresentatiTC. 


Albert  Mason,  . 
Tisdale  S.  White,     . 


Peleg  Blankinship,  . 

Geo.  Purrington,  Jr., 

John  Shaw, 

Lewis  Holmes, . 

E.  Loring  Thayer,    . 
Edward  O.  Noyes,    . 

Jesse  E.  Keith, 
Nathan  S.  Jenldns,  . 


Plymouth. 
Plymouth. 


Marion. 

Mattapoisett. 

Middleboro'. 

Bridgewater. 

N.  Bridgewa'r. 
N.  Bridgewa'r. 

Abington. 
Abinsfton. 


COUNTY  OF  BARNSTABLE. 


1st, 

2d, 
3d, 

4th, 


f  Barnstable,* 
J  Sandwich, 
1  Falmouth, 
[  YaiTuouth, 

C  Dennis,  , 
<  Harwich, 
(  Brewster, 

^  Chatham, 
(  Orleans,  . 

{Eastham, 
Wellfleet, 
Truro,  . 
Provincetown, 


John  B.  D.  Cogswell, 
Nathaniel  Sears, 
Philip  H.  Robinson, . 


Zoeth  Snow,  Jr., 
David  P.  Howes, 


Lot  Higgins, 


Reuben  G.  Sparks, 
Thomas  N.  Stone, 


Yarmouth. 
Barnstable. 
Sandwich. 


Brewster. 
Dennis. 


Orleans. 


Provincetown. 

Wellfleet. 


*  Town  of  Masbpee  incorporated  May  28, 1870,  embracing  the  territory  In  Barnstable 
County  known  as  the  district  of  Marsbpee.  Suffrage  rights  unchanged,  except  for  mu- 
nicipal purposes  until  new  apportionment. 

68 


1012 


House  of  Kepeesentatives. 
dukes  county. 


District. 

Towu. 

Name  of  Representative. 

Residence. 

One. 

r  Edgartown,  .  .^ 
J  Tisbury,  .  .  .1 
'  Chilmark,*       .        .  '" 

_ Gosnold,  .         .        .J 

David  Mayhew, 

Tisbury. 

COUNTY  OF  NANTUCKET. 


One.      Nantueket,       .         .      Edward  McCleave,  .    Nantucket, 


CHARLES  H.  TAYLOR,  Clerk. 


JOHN  MORISSEY,  Serg't-at-Arms. 
ROB'T  G.  SEYMOUR,  Chaplain. 


*  Town  of  Gay  Head  incorporated  April  30,  1870,  embracing  the  territory  in  Dukes 
County  known  as  the  District  of  Gay  Head.  Suffrage  rights  unchanged,  except  for  mu- 
nicipal purposes,  until  new  apportionment. 


JUDICIAL    DEPARTMENT 


SUPREME  JUDICIAL  COURT, 

CHIEF   JUSTICE. 

RELTBEN  A.  CHAPMAN,*  of  Monson. 

ASSOCIATE  JUSTICES. 

HORACE  GRAY,  Jr.,  of  Boston. 
JOHN  WELLS,  of  Brookline. 
JAIilES  D.  COLT,  of  Pittsfielcl. 
SETH  AMES,  of  Brookline. 
MARCUS  MORTON,  of  Andover. 
WILLIAM  C.  ENDICOTT,t  of  Salem. 


SUPERIOR    COURT. 

CHIEF  JUSTICE. 

LmCOLN  F.  BRIGHAM,  of  Salem. 

ASSOCIATE  JUSTICES. 

JULIUS  ROCKWELL,  of  Lenox. 
OTIS  P.  LORD, -0/  Salem. 
EZRA  WILKINSON,  of  JDedham. 
JOHN  P.  PUTNAM,  of  Boston. 
CHARLES  DEVENS,  Jr.,  of  Worcester. 
FRANCIS  H.  DEWEY,  of  Worcester. 
ROBERT  C.  PITMAN,  of  Netv  Bedford. 
JOHN  W.  BACON,  of  Natick. 
WILLIAM  ALLEN,  t  of  Northampton. 

*  Deceased  June  28 ;  vacancy  not  filled. 

t  Appointed  under  Chapter  40,  Acts  of  1873. 

X  Vice  Henry  A.  Scudder,  resigned  August  22, 1872, 


1014 


Judicial  Department. 


JUDGES  OF  PROBATE  MD  INSOLVENCY. 

ISAAC  AMES,  Boston, Suffolk. 

GEORGE  F.  CHOATE,  Salem,    ....  Essex. 

GEORGE  M.  BROOKS,  Concord,        .        .        .  Middlesex. 

HENRY  CHAPIN,  Worcester,      ....  Worcester. 

SAJVIUEL  F.  LYMAN,  Northampton,  .        .        .  Hampshire. 

WILLIAM  S.  SHURTLEFF,  Springfield,    .        .  Hampden. 

CHESTER  C.  CONANT,  Greenfield,  .        .        .  Franklin. 

JAMES  T.  ROBINSON,  (North)  Adams,   .        .  Berkshire. 

GEORGE  WHITE,  Needham,      ....  Norfolk. 

WILLIAM  H.  WOOD,  Middleborough,      .        .  Plymouth. 

EDMUND  H.  BENNETT,  Taunton,    .        .        .  Bristol. 

JOSEPH  M.  DAY,  Barnstable,     .        .        .    •    .  Barnstable. 

JOSEPH  T.  PEASE,  Edgartown,         .        .        .  Dukes. 

JAMES  M.  BUNKER,  Nantucket,       .        .        .  Nantucket. 


REGISTERS  OF  PROBATE  AND  INSOLVENCY. 


PATRICK  R.  GUINEY,  Boston, . 
ABNER  C.  GOODELL,  Salem,    . 
JOSEPH  II.  TYLER,  Cambridge, 
CHARLES  E.  STEVENS,  Worcester, 
LUKE  LYMAN,  Northampton,     . 
SAMUEL  B.  SPOONER,  Springfield,  . 
FRANCIS  M.  THOMPSON,  Greenfield, 
ANDREW  J.  WATERMAN,  Lenox,   . 
JONATHAN  H.  COBB,  Dedham, 
DANIEL  E.  DAMON,  Plymouth, 
WILLIAM  E.  FULLER,  Taunton, 
JONATHAN  HIGGINS,  Orleans, 
HEBRON  VINCENT,  Edgartown,       . 
SAMUEL  SWAIN,  Nantucket,     . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


DISTRICT-ATTORNEYS. 

J.  WILDER  MAY,  Boston,  . 
JOHN  B.  GOODRICH,  Newton, . 
EDGAR  J.  SHERMAN,  Lawrence, 
ASA  FRENCH,  Braintree, 
GEORGE  MARSTON,  New  Bedford, 
WILLIAM  W.  RICE,  Worcester, 
GEORGE  M.  STEARNS,  Chicopee, 
WILLIAM  S.  B.  HOPKINS,  Greenfield, 


Suffolk. 

Northern. 

Eastern. 

South-Eastern. 

Southern. 

Middle. 

Western. 

North-Western. 


Judicial  Departme:n^t. 


t015 


SHERIFFS. 

JOHN  M.  CLAEK,  Boston,  . 
HORATIO  G.  HERRICK,  Lawrence,  . 
CHARLES  KIMBALL,  Lowell,    . 
AUGUSTUS  B.  R.  SPRAGUE,  Worcester, 
HENRY  A.  LONGLEY,  Northampton, 
ADDISON  M.  BRADLEY,  Springfield, 
SOLOMON  C.  ^'^ELLS,  Montague,      . 
GRAHAM  A.  ROOT,  Pittsfield,   . 
JOHN  W.  THOMAS,  Dedham,    . 
WILLIAM  S.  COBB,  New  Bedford,    . 
JA^IES  BATES,  Plymouth, . 
DAVID  BURSLEY,  Barnstable,  . 
HOWES  NORRIS,  Edgaitown,     . 
JOSEPH  McCLEAVE,  Nantucket,       . 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hajipden. 

Franbxin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF  COURTS. 

GEORGE  C.  WILDE,  Boston,  Sup.  Jud.  Court, 
J.  A.  WILLARD,  Boston,  Superior  Ct.,  Civil  T., 
HENRY  HOMER,  Boston,  Criminal  T., 
ALFRED  A.  ABBOTT,  Peabody, 
THEODORE  C.  HURD,  Framingham, 
JOSEPH  MASON,  Worcester,      .        .        .        . 
T\T:LLIAM  p.  STRICKLAND,  Northampton,     . 
ROBERT  O.  MORRIS,  Springfield,     . 
EDWARD  E.  LYMAN,  Greenfield,     . 
HENRY  W.  TAFT,  Pittsfield,      .        .        .        . 
ERASTUS  WORTHINGTON,  Dedham,      . 
SBIEON  BORDEN,  Fall  River,   .        .        .        . 
WILLIAJM  H.  WHITMAN,  Plymouth, 
JAMES  B.  CROCKER,  Yarmouth,       . 
SAMUEL  KENISTON,  Jr.,  Edgartown,      . 
GEORGE  W.  JENKS,  Nantucket, 


Suffolk,  and  by  app't 
of  Justices,  for  Com- 
monwealth. 


>  Suffolk. 


Essex. 

Middlesex. 

Worcester. 

Hajlpshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 


101^  Membees  of  Congress. 


MEMBEES  OF  THE  FOETY-THIRD  CONGEESS. 


[The  Commonwealth  as  districted  for  members  of  Congress,  Acts  of  1872,  Chap.  300.] 


SENATORS. 

CHARLES  SUMNER,  of  Boston. 
GEORGE  S.  BOUTWELL,  of  Oroton. 

REPRESENTATIVES. 

District  I.— JAMES"  BUFFINTON,  of  Fall  River. 

IT.— BENJAJHIN  W.  HARRIS,  of  East  Bridgewater. 
ni.— WILLIAM  WHITING,*  of  Boston. 
IV.— SAMUEL  HOOPER,  of  Boston. 
v.— DANIEL  W.  GOOCH,  of  Melrose. 
VI.— BENJAMIN  F.  BUTLER,  of  Gloucester. 
VII.— E.  ROCKWOOD  HOAR,  of  Concord. 
VHI.- JOHN  M.  S.  WILLIAMS,  of  Cambridge. 
IX.— GEORGE  F.  HOAR,  of  Worcester. 
X.— ALVAH  CROCKER,  of  Fitchburg. 
XL— HENRY  L.  DAWES,  of  Pittsfield. 

*  Deceased  June  29 ;  vacancy  not  filled. 


C0mm0nixr^all^  of  glassat^us^tts. 


Secretary's  Department,  Boston,  > 
July  12,  1873.  5 

I  hereby  certify  the  printed  Acts  and  Resolves  con- 
tained in  this  volume  to  be  true  copies  of  the  originals, 
and  that  the  accompanying  papers  and  other  matters  here- 
with are  transcripts  of  official  records  and  returns  in  tHis 
Department. 

OLIVER  WARNER, 

Secretary  of  the  Commonwealth. 


INDEX. 


A. 

Page 

Absentees  from  school,  provisions  concerning,     .            .            .            688,  708 

Academy,  Lenox,  sale  of  real  estate  authorized, ....  543 

"         Thayer,  town  of  Braintree  may  raise  funds  for,        .            .  511 

"         Worcester,  number  of  trustees,            ....  852 

Accidents  on  Railroads,  commissioners  to  investigate  causes,  .            .  540 
Actions  against  owners  of  railroads  for  labor  and  materials  furnished 

in  building,          ........  877 

Actions  under  laws  relating  to  inland  fisheries,  when  may  be  com- 
menced,   .........  559 

Adams  and  Cheshire  Reservoir  Company,  fish  in  pond  of,  to  preserve,  543 

Address  of  Governor  to  Legislature,          .....  935 

Adjutant-General,  salary  established,        .            .            .            .            .  912 

Administering  of  oaths,  mode  of,    .            .            .            .            .            .  622 

Administrators  irregularly  appointed ;  accountability,  payments  may 
be  confirmed,  S.  J.  Court  may  decree  as  to  rights  of 

parties  interested,            .....  684 

"             may  execute  mortgages  containing  power  of  sale,       .  708 

Advertisements,  penalty  for  affixing  to  fences  or  natural  scenery,       .  875 

Advisory  Board  of  State  Industrial  School,  members  created  trustees,  593 

Agents,  Insurance,  reimbursement  of  overpaid  taxes  to,            .            .  920 

Agricultural  Societies,  certain,  bounties  to,          •            .            .            .  921 

Agriculture,  Board  of,  additional  copies  of  report,          .            .            .  931 

Ale,  vote  of  towns  on  sale  of,  act  authorizing  rej)ealed,             .            .  510 

American  Hide  Seat  Company  in  Rockport,  name  changed,      .            .  494 

"        Print  Works  in  Fall  River,  may  enlarge  wharf,         .            .  502 

Annisquam  Mutual  Fire  Insurance  Company,  charter  extended,          .  536 

Apollo  Club  of  Boston,  incorporated,         .....  557 

Appropriations  : 

Maintenance  of  Government, — 
Supreme  Judicial,  Superior,  Probate  and  Insolvency,  Municipal, 

Police  and  District  Courts,  and  District-Attorneys,  salaries,  .  479 
Maintenance  of  Government,  additional, — 
Legislative,  Executive,  Secretary's,  Treasurer's,  Tax  Commis- 
sioner's,   Auditor's    and   Attorney-General's,    Agricultural, 
Educational  and  Military  Departments,  Commissioners  and 

Board  of  State  Charities,  ......  486 

69 


11 


I]S"DEX. 


Appropriations— Continued :  Page 
Maintenance  of  Govei'iiment,  farther  additional, — 
Legislative,  Executive  and  Agricultural  Departments,  State 
Printing,  Military,  State  House,  Incidental,  Contingent  and 

Miscellaneous  Expenses,    ......  513 

for  expenses  authorized  in  1872  and  previous  years,        .            .  498 
for  expenses  of  1873,  viz. :  State  Almshouse,  Prison  and  Work- 
house, Reform,  Industrial  and  Primary  Schools,  Charitable, 

Reformatory  and  Correctional,     .....  503 

for  expenses  of  1873,  certain,  ....    546,  859,  913 

from  Income  of  School  fund,  etc.,  applicable  to  educational 
purposes :  for  Board  of  Education,  Normal  Schools  and  pupils, 

Teachers'  Institutes  and  Associations,     ....  639 

for  Bureau  of  Statistics  of  Labor,   .....  933 

for  completion  of  Hoosac  Tunnel  and  its  approaches       .            .  869 

for  engineering  expenses  at  Hoosac  Tunnel,          .            .            .  919 

for  erection  of  new  Lunatic  Hospital,        ....  637 

for  fitting  up  building  for  State  Police,      .            .            .            .  932 

for  use  of  lands  for  military  encamiiments  in  1872,          .            .  920 
for  mileage  and  compensation  of  members  and  officers  of  Legis- 
lature,          ........  492 

for  Normal  School  at  Worcester,  appropriation  of  1872  amended,  589 

for  payment  of  general  officers  and  staffs  for  1872,           .            .  923 

for  reprinting  second  volume  of  Provincial  Laws,           .            .  918 

for  suppression  of  contagious  diseases  among  cattle,       .            .  924 

for  Universal  Exposition  at  Vienna,            ....  919 

Aqueduct  and  Water  Companies,  certain,  dissolved,      .            .            .  842 

Archives  and  land  records,  certain,  transferred  to  State  of  Maine,       .  931 

Arlington  Lake  Water  Company,  purchase  by  town  confirmed,           .  640 

Armament,  Fifth  Light  Battery  to  be  furnished  with,    .            .            .  932 
Arrest  of  Poor  Debtors  on  mesne  process  in  actions  of  tort ;  on  mesne 

process  debtor  may  take  oath  without  surrender  by  surety,          .  876 

Art  School,  State  Normal,  allowed  for  expenses,  ....  928 

"        "            "            "      rooms  assigned  to,        .            .            .            .  932 

Assessment  of  Taxes  on  estates  omitted  in  annual  taxation,    .            .  702 

Assessors  of  Taxes,  compensation  increased,        ....  589 

"                   "       duties  in  taxation  of  bank  shares,   .            .            .  816 

"                   "       to  make  returns  concerning  steam-boilers, .            .  825 

Assistant  Clerks  of  certain  Courts,  appointment  provided  for,             .  600 

"              "      of  Legislature,  salaries  established,     .            .            .  909 

Assistant  District  Attorney  for  Suffolk,  salary  established,       .            .  537 

"         Messenger  of  Governor  and  Council,  salary  established,      .  909 

"         Registers  of  Deeds,  appointment  authorized,             .            .  495 

Associate  Justices  of  Supreme  Judicial  Court,  number  increased,       .  509 

Associates,  New  England  Lodge,  in  Cambridge,  incorporated,  .            .  636 

Association,  Essex  Mechanics',  in  Lawrence,  incorporated,        .            .  630 

"           Freemasons'  Hall,  in  Haverhill,  capital  stock  of,   .            .  525 

"           Maiden  Odd  Fellows'  Hall,  incorporated,    .            .            .  506 

"           Odd  Fellows'  Hall,  of  Boston,  capital  and  estate,  .            .  620 

"          South  FramingUam  Camp-Meeting,  incorporated, .           .  518 


Ikdex. 


m 


Page 

Association,  Stoneham  Odd  Fellows'  Hall,  par  value  of  shares, .           .  597 

"           Union  Hall,  may  increase  capital,     ....  521 

Asylum,  Fall  Kiver  Orphan,  may  unite  with  Children's  Friend  Society,  538 

Athol  and  Enfield  Kailroad  Company,  name,  location  of  road,  capital,  494 
Attachments  of  real  estate,  in  Suffolk  County,  and  dissolutions  of 

same,  record  of,  .            .            .            .            .            .            •            .  738 

Attleborougli,  village  of,  supply  of  water  for,      ....  698 

Attorney,  Assistant,  for  Suffolk  District,  salary  established,     .            .  537 

Attorney-General,  salary  increased,            .....  685 

Attornej's,  District,  may  be  allowed  clerical  assistance, .            .            .  707 

Auditor's  Department,  salary  of  extra  clerks,      ....  913 

Auditors  appointed  by  court,  compensation  of,    .            .            .            .  867 

B. 

Bank,  Collateral  Loan  Company,  in  Boston,  interest  on  loans,  .            .  548 

"      Florence  Savings,  in  Northampton,  name  established,    .            .  636 

"      Middleborough  Savings,  incorporated,       .            ...            .  538 

"      Working-men's     Savings,    of    Florence,    incorporated,     name 

changed,       .......            501,  636 

Bank  shares,  taxes  on,  how  assessed  and  collected,  duties  of  tax  com- 
missioner, assessors  and  cashiers,  etc.,            ....  816 

Banking  and  Trust  Company,  Chapin,  in  Springfield,  incorporated,    .  710 
"                     "              "         Fall  Kiver,  incorporated,             .            .  870 
"                     "              "         Springfield,  incorporated,            .            .  902 
Baptist  Society  of  Boston,  North  Bennet  Street  Free-Will,  acts  con- 
firmed,    .......  737 

"             "       of  Newbury  and  Newburyport,  First,  may  sell  estate,  683 

Barlow  River  in  Sandwich,  protection  to  oyster  fishery  in,       .            .  509 
Barnstable,  town  of,  proceedings  abolishing  school  district  system 

confirmed,            ........  630 

Battery,  Fifth,  to  be  supplied  with  guns,              ....  932 

Beaches  in  Scituate,  material  comiiosing  shall  not  be  removed,            .  619 

Bearse,  Owen,  may  build  wharf  in  Quincy,          ....  518 

Beer,  vote  of  towns  on  sale  of,  act  authorizing  repealed,           .            .  510 

Belchertown,  allowed  for  relief  of  alleged  state  pauper,            .            .  927 
Berdell  Bondholders,  organization  as  New  York  and  New  England 

Railroad  Company  confirmed,  ......  726 

Berkeley  Street,  Boston,  conveyance  to  city  provided  for,         .            .  876 

Berkshire  County,  clerk  of  courts  allowed  for  clerk-hire,          .            .  633 

Berkshire  Railroad  Company,  may  unite  with  another  road,    .            .  595 
Betterments,  petitions  to  superior  court  by  parties  aggrieved  by  aj)- 

portionment,        ........  726 

Bu'ds,  Sea-Fowl  in  waters  of  Edgartown,  protection  of,             .            .  823 

Births,  registry  and  return  of,  fees  for,      .....  570 

Bleachery,  Lowell,  may  contract  with  certain  corporations  for  mutual 

insurance,             ........  478 

Board  of  Agriculture,  report  of,  additional  copies  to  be  printed,          .  931 

"                  "           salary  of  clerk  established,           .           .           .  913 


IV 


Index. 


Page 

Board  of  State  Charities,  salary  of  visiting  agent,          .           .           .  912 

Boards  of  Health,  compulsory  examinations  by,            .            .            .  477 
Boilers,  Steam,  returns  concerning,  to  be  made  by  assessors  to  tax 

commissioner,      ........  825 

Bonds  of  Trustees  under  wills,  relating  to,          .            .            .            .  551 

Bonds,  Water  Loan,  city  of  Fall  River  may  issue  additional,   .            .  879 

"                  "            city  of  Lowell,  payment  provided  for,       .            .  523 

"                  "            town  of  South  Hadley  may  issue  additional,        .  548 

"                  "            town  of  Woburn  may  isssue  additional,    .            .  534 

Books  and  Archives  concerning  lands,  transferred  to  State  of  Maine,  931 

Books,  Text,  towns  may  furnish,  to  pupils  in  public  schools,   .            .  544 

Boom  and  Lumber  Company,  Holyoke  and  Northampton,  capital  etc.,  625 

Borden,  Cook,  may  build  wharf  in  Fall  River,     ....  .544 

Boston,  city  of,  conveyance  of  Berkeley  Street  to,           .            .            .  876 
"             "       drainage  and  sewerage,  powers  conferred,        .            ,  619 
"             "       drains  and  sewers  may  be  extended  into  new  chan- 
nel of  Muddy  River, .....  687 

"  "       Fire  Department,  to  have  right  of  way  in  streets; 

appointment  of  officers,         ....  910 

"  "       erecti(m  of  wooden  buildings  for  sanitary  purposes, 

authorized,       ......  478 

"  "       erection,  regulation  and  inspection  of  buildings  in, 

acts  amended,  ....  739,  864 

"             "       grade  of  certain  lands  may  be  raised,    .            .            .  865 
"             "       land  for  post-office  and  sub-treasury.  United  States 

may  purchase,             .....  605 

"             "       land  for  school  purjioses,  sale  to,  authorized,   .            .  620 
"             "       may  appropriate  money  for  relief  of  disabled  firemen 

and  their  families,       .....  687 

"             "       may  build  an  additional  Reservoir,        .            .            .  724 
"             "       Municipal  Court  of,  attendance  of  constables,            .  758 
"             "       Municipal  Court  of  Charlestown  District,  establish- 
ment provided  for,      .....  718 

"  "  and  city  of  Charlestown  may  unite,  .  .  .  716 
"  "  and  town  of  Brighton  msiy  unite,  .  .  747,  902 
"  "  and  town  of  Brookline  may  unite,  .  .  729,  902 
"             "       and  town  of  West  Roxbury  may  unite,  .            .            810,  902 

Boston,  Harbor  of,  filling  of  certain  flats  of  Commonwealth,     .            .  686 

"        Pilots  of,  Cape  Cod  station  established  for,        .            .            .  706 

"        Pilotage  rates  to  be  same  throxigh  the  year,       .            .            .  710 
Boston  and  Albany  Railroad  Company,  certain  rights  and  powers, 

lands  of,    .            .            .  728 
"                     "                "                "            may  change  location  of  road 

in  Russell  and  Montgom-   , 
ery. 


and  other  Railroad  Companies  may  alter  roads 
so  as  to  discontinue  grade  crossings  in  Bos- 
ton, Charlestown  and  Somerville, 


736 


879 


Index.  > 

Page 

Boston,  Barre  and  Gardner  Railroad,  extension  in  Worcester,  .            .  493 

"           "                   "                "         mortgage  of  property  authorized  875 
Boston,  Clinton  and  Fitchbnrg  Railroad  Company,  location  in  Fram- 

ingham,             .  535 
"            "                       "                  "             "          may  build  branch 

in  Framingham,  881 
"             "                         "                   "              "           union  with  other 

companies,       .  497 

Boston  Commercial  Exchange  Building  Company,  incorporated,          .  545 
Boston,  Hartford  and  Erie  Railroad  franchise  vested  in  New  York 

and  New  England  Railroad  Company,           ....  726 

Boston  Land  Company,  may  exclude  tide- water  from  their  lands,       .  692 
Boston  and  Lowell  and  other  Railroad  Companies,  may  alter  roads 
so  as  to  discontinue  grade  crossings  in  Boston,  Charlestown  and 

Somerville,           .            .   *        .            .            .            .            .            .  879 

Boston,  Lynn  and  Peabody  Railway,  location  and  construction,  capi- 
tal reduced,          .            .            .            .            .            .            .            .  683 

Boston  and  Maine  Railroad,  crossing  in  Lawrence,  report  on  ordered,  924 

"                 "              "          Company  may  build  wharf  in  Somerville,  534 
"                 "        and  other  Railroad  Companies  may  alter  roads  so 
as  to  discontinue  grade  crossings  in  Boston,  Charlestown  and 

Somerville,           ........  879 

Boston  Missionary  and  Church  Extension  Society,  name  established,  542 

Boston  Mortgage  Company,  incorporated,            ....  695 

Boston  and  Philadelphia  Steamship  Company,  incorporated,    .            .  511 
Boston  and  Providence  Railroad  Company,  may  guarantee  bonds  and 

hold  stock  of  another  company,          .....  615 

Boston  and  Providence  and  Stoughton  Branch  Railroad  Companies, 

may  unite,  capital  stock,           ......  492 

Boston  and  Roxbury  Mill  Corporation  and  the  Commonwealth,  in- 
denture between,  confirmed,    ......  552 

Boston  Steam  Supply  Company,  incorporated,     ....  524 

Boston  Sunday  School  and  Missionary  Society,    Methodist,  name 

changed, .  542 

Boston  Tow-Boat  Company,  incorporated,            ....  501 

Boundary  line  between  Winchester  and  Wobum,  changed,      .            .  709 

Bounties  to  Soldiers  in  late  War,  town  of  Wakefield  may  pay,             .  702 

Bowen,  Joseph  A.,  may  extend  wharf  in  Fall  River,      .            .            .  738 

Bradbury,  Alfred,  allowance  to,      .            .            .            .            .            .  932 

Bradford,  town  of,  may  be  allowed  portion  of  cost  of  rebuilding  Haver- 
hill Bridge,          ........  629 

Braintree,  town  of,  may  raise  funds  for  Thayer  Academy,         .            .  511 

Bridge  over  Chelsea  Creek,  Cary  Improvement  Company  may  build,  620 
"       over   Connecticut    River   at    Springfield,   free,   construction 

authorized,           .......  661 

"       Cragie,  reconstruction  and  widening  authorized,           .            .  615 
"       over  Fort    Point  Channel,  Old  Colony  Railroad  Company 

may  widen,                   .......  604 


VI 


Index. 


Page 
629 
683 
635 
542 
556 


Bridge,  Haverhill,  rebuilding  of,  authorized,        .  .  .  , 

"      in  Haverhill,  over  Little  River,  city  may  build,  . 
"      in  Manchester,  town  may  construct,  .  .  .  , 

"      over  Merrimac  River  in  Tyngsborough,  time  for  constructing 
"      over  Mystic  River,  town  of  Medford  may  build,  . 
"      over  Westfield  River,  Boston  and  Albany  Railroad  Company 

to  build,   .........  736 

Bridge  Companies,  certain,  dissolved,        .....  842 

Bridge  Company,  Squantum  Free,  incorporated,             .            .            .  694 

Bridges,  Free,  over  Connecticut  River,  fast  driving  on,  prohibited,     .  557 
Bridges  in  Newburyport,  allowance  authorized  to  city,  and  town  of 

Salisbury  for  certain  expenses,             .....  693 

Bridges  in  Saugus,  town  relieved  of  expense  of  repairs,             .            .  590 

Brigham,  Hem-y  B.,  executor,  deed  by,  legalized,            .            .            .  920 

Brightman,  Leonard,  may  build  wharf  in  Fall  River,     .            .            .  908 
Brighton,  town  of,  and  city  of  Boston  may  unite,            .            .            747,  902 

Bristol  County,  Treasurer  of,  salary  established,            .            .            .  538 

Brockway,  Charles  J.,  deeds  of  E.  and  S.  W.  Hale  to,  confirmed,         .  921 

Brokers,  Insurance,  certificates  of  authority,        ....  593 

Brookline,  town  of,  establishment  of  grade  in,    .            .            .            .  507 

"                  "       may  make  new  channel  for  Muddy  River,            .  687 
"                  "       may  unite  with  city  of  Boston,        .            .            729,  902 

Brookline  Gas-Light  Company,  may  manufactiu-e  in  Brighton,            .  605 

Building  in  Boston  for  State  Police,  allowance  for  fitting  up,     .            .  932 
Building  in  Boston  for  State  purposes,  lease  of  authorized,  refitting,  923,  927 

Buildings,  demolition  of,  at  fires,    ......  618 

Buildings,  moving  of,  in  public  streets,  powers  of  road  commissioners,  517 
Buildings  in  Boston,  erection,  regulation  and  inspection,  acts  amended,  739, 864 
Buildings,  Wooden,  in  Boston,  erection  authorized  for  sanitary  pur- 

jioses,        .........  478 

Bureau,  Soldiers'  Employment,  allowance  to,      .            .            .            .  922 

Bureau  of  Statistics  of  Labor,  appropriation  for  expenses  of,    .            .  933 

"                "                   "       location  of  headquarters,            .            .  930 
"                "                   "        salary  of  chief,      .            .            .            .913 

Burying-Grouud  in  North  Bridgewater,  part  may  be  taken  for  high- 
way,         .........  604 

Buxton,  Ella  J.,  allowed  state  aid, ......  921 


Cambridge,  city  of,  collectors  of  taxes  in,  appointment,  .  .  869 

"  "      di-ain  through,  city  of  Somerville  may  build,        .  745 

*•'  "      election  of  overseers  of  poor  in,        .  .  .  863 

"  "      nuisance  in,  filling  of  certain  flats,  etc.  authorized,  753 

Camp-Ground  for  Militia,  governor  and  council  may  take  land  for,    .  681 

Camp-Meeting  Association,  South  Framingham,  incorporated,  .  518 

Canal  Companies,  certain,  dissolved,         .....  842 

Cape  Cod  Station,  established  for  Boston  Pilots,  .  .  .  706 


Index. 


Vll 


Capital  Cases,  juries  in,  how  empanelled, 

Cary  Improvement  Company,  may  build  bridge  over  Chelsea  Creek, 
Cattle,  contagious  diseases  among,  8uj)pression  of, 
Causeway  in  Manchester,  town  may  construct,  . 
Cemetery  Corporation,  Newton,  town  may  loan  money  to, 
Central  Club,  of  Boston,  incorporated. 
Certificates  of  authority  of  Insurance  Brokers,  duration. 
Certiorari,  petitions  for  writ,  when  may  be  presented,  where  heard. 
Challenging  of  Jurors,  peremptory,  right  may  be  exercised  after 
determination  that  juror  is  indifferent,  state  may  in  capital  cases 
challenge  ten,      .  .  . 

Change  of  Names  of  Persons,  ..... 

Chapin  Banking  and  Trust  Company,  in  Springfield,  incorporated, 
Charitable  Eye  and  Ear  Infirmary,  Massachusetts,  additional  mana- 
gers for, 
"  "  "  "  "  allowance  to, 

Charles  River,  harbor  lines  on,  established, 

Charlestown,  lands  in.  Eastern   Railroad  Company  make  take   for 
freight  station,    ....... 

Charlestown  and  Boston,  cities  of,  may  unite, 

Charlestown  District,  Municipal  Court  of,  establishment  provided  for, 
Charlestown  Free  Dispensary  and  Hospital,  incorporated, 
Chelsea,  city  of,  election  of  oflicers,  .... 

"  "       election  of  school  committee,    . 

Chelsea  Creek,  bridge  over,  Cary  Improvement  Company  may  build, 
Chicopee,  town  of,  may  be  supplied  with  water  by  city  of  Springfield, 
Chief  of  Bureau  Statistics  of  Labor,  salary  established. 
Children,  attendance  at  school,  G.  S.  relating  to  amended, 
"  "  at  school  in  other  towns,    . 

"         neglected,  guardian  may  be  appointed  and  have  custody 
when  parents  are  unfit,        .... 

"  truant,  provisions  by  towns  concerning,  duties  of  officers. 

Children's  Home  of  Fall  River,  established. 

Church,  Methodist  Episcopal,  Boston  Missionary  and  Church  Exten 

sion  Society,  name  established, 
"  "  "  in  AVinchendon,  trustees  incorporated, 

"       Winthrop,  in  Holbrook,  enlargement  of  meeting-house, 
Cities,  elections  in,   for  prevention  of   fraud   supervisors  may  be 
appointed,  duties,  penalties,      .... 

"       may  appropriate  money  for  expenses  of  free  libraries,  . 

"       may  make   provisions  respecting  truant   children   and  ab 

sentees  from  school,  .  . 

"       may  contract  for  supply  of  water, 
"        management  of  lock-ups  in,  ...  . 

"       may  charge  interest  on  unpaid  taxes, 
"       may  establish  hospitals  for  temporary  relief  of  poor,   . 
"       may  furnish  pupils  of  public  schools  with  text-books, . 
"       may  take  leases  of  ponds  for  cultivation  of  fish, 


Page 

757 
620 
924 
635 
868 
524 
593 
879 


823 
979 
710 

558 
922 
690 

882 
716 
718 
500 
693 
693 
620 
527 
913 
708 
735 

902 

689,  708 

538 

542 

737 
592 

910 

757 


685 
598 
631 
608 
544 
609 


VUl 


Iot)ex. 


Page 

Cities,  mayors  of,  veto  powers  over  expenditures  of  money,     .  .        560 

"      of  Boston  and  Charlestown  may  unite,   ....        716 

Citizens'  Mutual  Insurance  Company,  in  Brighton,  charter  continued,        520 
City  of  Boston  and  town  of  Brighton  may  unite,  .  .  747,  902 

"  "        and  town  of  Brookline  may  unite, 

"  "        and  town  of  West  Roxbury  may  unite, 

"      Gloucester,  establishment  provided  for,  . 
"      Fall  River,  charter  amended, 
"      Holyoke,  establishment,    . 
"      Newton,  establishment,     . 
"      Springfield,  charter  amended, 

"      Worcester,  city  council  to  have  control  of  public  proiierty. 
City  Mutual  Fire  Insurance  Company,  in  Roxbury,  charter  extended 
Civil  Grovernment,  list  of  state,  district  and  county  offices, 
Clark,  Barnabas,  may  extend  wharf  in  Fall  River, 
Clerk  of  Board  of  Agriculture,  salary  established, 

"      Courts  in  Berkshire  County,  allowed  for  clerk  hire, 
"      District  Court  of  East  Norfolk,  salary, . 
"      Hampshire  County,  salary  increased,     . 
"      Municipal  Court  of  Dorchester  District, 
"      Railroad  Commissioners,  salary  established,    . 
Clerks  and  Assistant-Clerks  of  senate  and  house,  salaries  established,  909, 912 
Clerks  of  cities  and  towns,  fees  for  registry  and  return  of  births  and 

deaths,    .......  570,867 

"     •  certain  courts,  assistant  and  second  assistant,  appointment 
provided  for,     ..... 

"        courts,  may  issue  orders  of  notice  in  vacation, 
"  "       duties  in  recording  copies  of  writs  etc.,  in  suits  in 

U.  S.  Courts  affecting  title  to  real  estate. 
Clerks,  District-Attorneys  may  be  allowed  services  of,  . 
"       extra,  in  Auditor's    and    Secretary's   departments, 
established,  ...... 

Club,  Apollo,  of  Boston,  incorporated,      .  .  , 

"      Central,  ol  Boston,  incorporated,     . 
Coasting  vessels,  exempted  from  compulsory  pilotage,  . 
Collateral  Loan  Company,  in  Boston,  interest  on  loans, 
Collectors  of  taxes  in  Cambridge,  appointment,  . 
College,  Wellesley,  name  established, 

"        Williams,  trustees  of  Delta  Psi  Society,  incorporated, 
"  "  "       of  Sigma  Phi  Society,  incorporated. 

Commercial  Exchange  Building  Company,  Boston,  incorporated, 
"  Freight  Railway  Company,  concerning, 

"  Fertilizers,  shall  be  analyzed  before  sale,   . 

Commissioners,  County,  of  Dukes,  may  build  new  jail  in  Edgartown, 

and  may  borrow  money  for  same,  543, 746 
"  "        of  Essex,  may  allow  Newburyport  and  Salis- 

bury for  certain  bridge  expenses,        693 
"  "  "         may  borrow  money,  .  .  .        926 


salaries 


729,  902 
810,  902 
669 
648 
573 
829 
553 
601 
537 
995 
520 
913 
633 
495 
758 
900 
913 


600 

687 

738 
707 


913 
557 
524 
710 
548 
869 
519 
592 
558 
545 
636 
759 


Index. 


ix 


Page 

Commissioners,  County,  of  Hampden,  may  build  free  bridge,  .            .  616 
"                 '<               "         may  borrow  money  to  pay  certain 

damages,      ....  686 

"  "        of  Plymouth,   may   take   part    of  burying- 

ground  in  North  Bridgewater  for  highway,  604 

Commissioners,  Harbor,  contracts  for  filling  certain  flats  and  lands,  .  686 
"                  "         to  report  on  improvement  of  Maiden  River 

channel,           .....  925 

"  of  Inland  Fisheries,  duties  as  to  leasing  of  great 

ponds,      .......  609 

"            for  Mass.,  in  other  states,  qualification  of,        .            .  491 

"            Police,  compensation  of,  .            .            .            .            .  863 

"            on  Public  Lands,  may  convey  land  to  city  of  Boston,  620,  876 
"                      "           "     may  give  deeds  when  bonds  for  con- 
veyance are  lost,           .....  735 

"            on  publication  of  General  Statutes,  allowance  to,      .  929 

"             Railroad,  to  investigate  causes  of  accidents,  .            .  540 
"                    "         to  report  on  Boston  and  Maine  Railroad 

Crossing  in  Lawrence,        .            .            .  924 

"                    "         to  report  a  codification  of  railroad  laws,     .  929 

"             Road,  powers  and  duties  of,         .            .            .            .  517 

"•            Tax,  duties  in  taxation  of  insurance  companies,         .  562 

"               "          "                "        of  bank  shares,            .            .  816 

Committees,  School,  compensation  increased,      ....  589 

"  "       duties  of,  G.  S.  amended,      .  .  .  .735 

Common  Carriers  of  Persons,  organization  of  Corporations  as,            .  600 

Common  Landing-Places,  certain,  in  Newburyport,  discontinuance,    .  559 
Commonwealth,  and  Boston  and  Roxbury  Mill  Corporation,  indenture 

between  confirmed,       .....  552 

"              Flats  of,  in  Boston  Harbor,  filling  of,  .            .            .  686 

Compensation  Funds  for  harbors  of  Commonwealth,  investment  of,  .  876 

Concord  Free  Public  Library,  incorporated,         ....  541 

Congregational  Society  of  Chicopee,  First,  name  and  estate,   .            .  597 
"                 "        of  Marblehead,  Second,  may  purchase  real 

estate,    ......  881 

"  "        of  Springfield,   Fifth,   acts   legalized,  name 

changed,            .....  597 

"  "       of  West  Tisbury,  sale  of  parsonage  property, 

act  repealed,     .....  518 

Congress,  list  of  Massachusetts  members,             ....  1016 

Connecticut  River,  free  bridge  at  Springfield,  construction  authorized,  616 

Connecticut  River,  free  bridges  over,  fast  driving  on  prohibited,         .  557 

Constables,  attendance  at  Municipal  Court  of  Boston,  salary, .            .  758 

Cooperative  Associations,  certain,  dissolved,        ....  842 

Coroner,  Robert  Vose,  Jr.,  acts  confirmed,            ....  747 

Corporations,  certain,  dissolved,     ......  842 

"            par  value  of  shares  in,         ....            .  507 

"           as  common  carriers  of  persons,  organization  of,  .           .  600 

70 


Index. 


Page 
Corporations,  Gas,  capital  of,  ....  .  508, 858 

"            Insurance,  formation  of,  for  insurance  of  plate-glass,    .  594 

"            Musical,  organization  of,     .            .            .            .            .  599 

"            Kailroad,  formation  of,  act  of  1872  amended,      .            .  550 

"                   "        state  directors  of,  reports,  eligibility,    .            .  632 
County  Commissioners  of  Dukes  may  build  new  jail  in  Edgartown 

and  borrow  money  for  same,             543,  746 
"                   "              of  Esses,  may  allow  Newburyport  and  Salis- 
bury for  certain  bridge  expenses,  693 
"                   "                     "         may  borrow  money,    .            .            .  926 
"                   "              of  Hampden  may  build  free  bridge,     .            .  616 
**                   "                     "         may  borrow  money  to  pay  certain 

damages,      ....  686 

"  "  of   Plymouth   may    take    part    of  burying- 

ground  in  North  Bridgewater  for  highway,  604 

County  Taxes  granted,         .......  921 

County  Treasurer  of  Bristol,  salary  established,             .            .            .  538 

Court,  District,  of  East  Norfolk,  salary  of  clerk,            .            .            .  495 

"       Municipal,  of  Boston,  attendance  of  constables  at,        .            .  758 

"                "         .for  Charlestown  Dist.,  establishment  provided  for,  718 

"                "          of  Dorchester  District,  clerk  for,        .            .            .  900 

"      Probate,  in  Suftblk  County,  time  and  place  of  holding,             .  910 

"       Superior,  trials  may  be  had  in,  instead  of  before  sherifts'  juries,  688 

"       Supreme  Judicial,  number  of  associate  justices  increased,       .  509 

Courts,  clerks  of,  may  issue  orders  of  notice  in  vacation,          .            .  687 

"        certain,  assistant  and  second  assistant  clerks  for,          .            .  600 

Courts  in  Berkshire  County,  allowance  for  clerk  hire,   .            .            .  633 

"       in  Hampshire  County,  salary  of  clerk  increased,            .            .  758 

"       of  Insolvency,  fees  and  deposits  in,           ....  618 

"       Probate,  powers  conferred  for  more  expeditious  settlement  of 

estate  of  deceased  persons,  .....  631,  684 

Courts,  United  States,  recording  of  writs  in  suits  affecting  title  to 

real  estate,  duties  of  registers  of  deeds  and  clerks  of  courts,  738 

Cox,  Charles  J.,  in  favor  of,             ......  927 

Crafts,  Ebenezer,  estate  of,  deed  by  executors  and  trustee  made  valid,  920 

Cragie  or  Canal  Bridge,  reconstruction  and  widening  authorized,       .  615 
Creeks,  Mattakesett,  town  of  Edgartown  may  purchase  ijroprietors' 

franchise,             ........  539 

Criminal  Prosecutions  in  other  states,  witnesses  in  this  state  may  be 

summoned  to  attend,      .......  823 

Cross,  Henry  M.,  may  extend  wharf  in  Newburyport,    .            .            .  501 

Cummings,  Amos,  allowance  to,      .           .           .           .           .           .  926 


D. 

Dams,  proposed  erection  of,  to  injury  of  public  ways,  proceedings,     .        569 
Dams  on  Mill  Kiver,  Taunton,  owners  released  from  constructing  fish- 
ways,        .........        633 


Index. 


XI 


Page 

Deaths,  registry  and  return  of,  fees  of  town  clerks,        .            .            .  867 

Deaths,  returns  of  by  sextons  and  others,  fees  for  making,       .            .  618 

Debtors,  Poor,  arrest  and  discharge  of,      .            .            .            .            .  876 

"  "      intoxicating  liquors  not  exempt  from  being  taken  on 

execution,            ........  868 

Deed  by  executors  and  trustee  under  will  of  Ebenezer  Crafts,  made 

valid, 920 

Deeds  of  Ebenezer  and  Sarah  W.  Hale  confirmed,          .            .            .  921 
Deeds  of  public  lands  may  be  given  when  bonds  for  conveyance  are 

lost, 735 

Deeds,  Registers  of,  may  appoint  assistants,        ....  495 

Defacement  of  natural  scenery  by  advertisements,  to  prevent,            .  875 

Delta  Psi  Society  of  Williams  College,  trustees  incorporated,  .            .  592 
Departments,  certain,  building  for  use  of,            .            .            .             923,  927 

Deputy  Sheriffs,  fees  of,  for  attendance  at  courts,  .        .            .            .  630 

Destitute   Children,  guardian  may  be  appointed  and  have  custody 

when  i^areuts  are  unfit,             ......  902 

Directors,  State,  of  railroad  corporations,  reports,  eligibility,  .            .  632 

Disabled  Soldiers'  Employment  Bureau,  allowance  to,  .            .            .  922 

Discharge  of  Debtors  under  arrest  or  imprisonment,      .            .            .  876 

Discharged  Female  Prisoners,  in  aid  of,    .            .            .            .            .  925 

Diseases  among  Cattle,  contagious,  suppression  of,         .            .            .  924 

Dispensary  and  Hospital,  Charlestown  Free,  incorporated,       .            .  500 

District  Attorney,  Assistant,  for  Sufiblk,  salary  established,      .            .  537 

District  Attorneys  having  no  assistant,  may  have  clerk,            .            .  707 

District  Court  of  East  Norfolk,  salary  of  clerk,  ....  495 

District  School  System,  towns  may  abolish,         ....  539 

"            "            "        in  Barnstable,  acts  of  town  abolishing,  con- 
firmed,   ......  630 

Districts,   School,  in  Hiibbardston,   acts  of  town  relating  to,  con- 
firmed,     .            .            .            .            .            .            .            .            .  757 

Dividends  of  certain  Mutual  Fire  Insurance  Companies,           .            .  599 

Divorce,  law  relating  to  amended,  penalty  for  fraud  in  procirring,      .  908 

Dixie,  Benjamin  D.,  may  extend  wharf  in  Marblehead, .            .            .  502 

Dodge,  John  F.,  and  others  may  build  wharf  in  Quincy,           .            .  518 

Dorchester  District  Municipal  Court,  clerk  for,   ....  900 

DowueH,  George,  allowed  for  state  aid,      .....  920 

Drain  through  Cambridge,  city  of  Somerville  may  maintain,  .            .  745 

Drainage  in  the  city  of  Boston,  powers  conferred,          .            .            .  619 

"         of  Meadows  in  Lexington,  authorized,  ....  622 

Drains  in  Boston  may  be  extended  into  new  channel  of  Muddy  River,  687 
Dukes  County,  Commissioners  may  erect  new  jail  in  Edgartown,  and 

borrow  money  for  same,  .  543, 746 

"             "        reimbursed  for  building  road,       ....  931 

Dunstable,  town  of,  certain  votes  appropriating  money  legalized,       .  829 
Duxbury  and  Cohasset  Railroad,  town  of  Plymouth  may  hold  stock 

in, .498 


xu 


Index. 


E. 


Page 
600 
521 
602 
495 
592 


Easements,  Tield  to  be  real  property,  .... 

East  Boston  Railroad  Company,  incorporated,     . 

East  Mountain  Water  Company,  in  West  Stockbridge,  incorporated, 

East  Norfolk  District  Court,  salary  of  clerk, 

East  Parish  in  Randolph,  may  sell  real  estate. 

Eastern  Railroad  Company,  legal  proceedings  'against  to  be  discon 

tinned,      ........ 

Eastern  Railroad  Company,  may  take  land  and  build  tracks  in  Charles 

town  for  freight  purposes,        ..... 
Eastern  and  other  Railroad  Companies,  may  alter  roads  so  as  to  dis 

continue  grade  crossings  in  Boston,  Charlestown  and  Somerville 
Edgartown,  town  of,  may  purchase  franchise  of  proprietors  of  Mat 
takeesett  creeks,  .... 
"  "        sea-fowl  in  waters  of,  protected,  . 

Election  of  assessors  in  Newburyporti,  provided  for, 

"       of  superintendents  of  public  schools,  concerning, 
Elections  in  cities,  for  prevention  of  fraud  supervisors  may  be  ap 

pointed,  duties,  penalties,         ..... 
Employment  Bureau,  Disabled  Soldiers',  allowance  to,  . 
Encampments,  use  of  laud  for,  payment,  .... 
Essex  County  commissioners,  may  allow  Newburyport  and  Salisbury 

for  certain  bridge  expenses,    . 
"  "  "  may  borrow  money, 

Essex  Mechanics'  Association,  in  Lawrence,  incorporated. 
Estate,  Real,  record  of  attachments  in  Sulfolk  County ;  in  suits  in 

U.  S.  Courts  affecting  title,  duties  of  registers  of  deeds  and  clerks 

of  courts,  ......... 

Estates,  assessment  of  taxes  on,  when  omitted  in  annual  taxation,     . 
Estates  of  deceased  persons,  more  exi>editious  settlement  of,   powers 

granted  probate  courts,  .....  631,  684 


924 

882 

879 

539 
823 
544 
544 

910 
922 
920 

693 
926 
630 


738 
702 


Everett,  town  of,  may  elect  water  commissioners. 

Exchange  Building  ComiJany,  Boston,  incorporated. 

Executions,  levy  of,  on  lands  attached  in  Suffolk,  to  be  recorded  in 
registry  of  deeds,  ...... 

Executors  irregularly  appointed;  accountability,  payments  may  be 
confirmed,  S.  J.  Court  may  decree  as  to  rights  of  parties  in 
terested,   ........ 

Exeter  and  Salisbury  Railway,  time  for  location  and  construction. 

Exposition  at  Vienna,  appointment  of  agents  to,  appropriations. 

Eye  and  Ear  Infirmary,  Massachusetts,  governor  to  appoint  additional 

managers, 
-"  "  "  "  allowance  to. 


523 
545 

738 


684 
595 
919 

558 
922 


F. 

Fall  River,  city  of,  charter  amended, 

"  "        may  issue  additional  water  bonds. 

Fall  River  Banking  and  Trust  Company,  incorporated. 


648 
879 

870 


Index. 


xiu 


Page 

Fall  Eiver  Children's  Home,  established,  .....  538 

"         Street  Railway  Company,  incorporated,        .            .            .  550 
Fall  Eiver,  Warren  and  Providence  llailroad  Company,  may  mortgage 

road  etc., .........  615 

Fees  of  Clerks  and  Registers  for  registry  and  return  of  births  and 

deaths, 570,  867 

"     in  Courts  of  Insolvency,' deposits  for  payment  etc.,            .            .  618 

"    of  Deputy  Sheriffs  for  attendance  at  courts,             .            .            .  630 

"    of  Sextons  and  others  for  making  return  of  deaths,           .            .  618 

"    of  Sheriffs' jurors,          .......  507 

"    of  Sheriffs  for  presiding  over  juries,  .....  619 

Female  Prisoners,  discharged,  in  aid  of,     .            .            .            .            .  925 

Female  Seminary,  Wellesley,  name  changed  to  Wellesley  College,      .  519 
Fences,  penalty  for  affixing  advertisements  to,  by  painting  or  other- 
wise,        .........  875 

Fertilizers,  Commercial,  shall  be  analyzed  before  sale,  .            .            .  759 
Fifth  Congregational  Society  of  Springfield,  acts  legalized,  name, 

estate,      .........  597 

Fifth  Light  Battery,  to  be  supplied  with  guns,  ....  932 

Fines  for  fraudulent  insurance,  one-half  to  be  paid  complainant,        •  568 
Fire  Department  of  Boston,  may  have  right  of  way  in  streets,  appoint- 
ment of  officers  of,         ......           .  910 

Fire  Department  of  Fitchburg,  reorganization,   ....  559 

Fire  Inquests,  complaints  requiring,  when  to  be  made,  .            .            .  710 

Fire  Insurance  Companies,  certain  mutual,  dividends  of,          .            .  599 

Firemen  in  Boston,  disabled,  city  may  relieve,     ....  687 

Fires,  demolition  of  buildings  at ;  powers,  in  whom  vested,     .            .  618 

First  Baptist  Society  of  Newbury  and  Newburyport,  may  sell  estate,  683 

First  Congregational  Society  of  Chicopee,  name,  real  estate,   .            .  597 

First  Parish  in  Newbury,  may  sell  estate, .....  573 

"          "       in  Rowley,  acts  concerning  repealed,           .            .            .  572 
Fish,  cultivation  of,  leasing  of  great  ponds  regulated,   .            .            .  609 
Fish  in  pond  of  Adams  and  Cheshire  Reservoir  Company,  preserva- 
tion of,           .......            .  543 

"     in  Menamsha  Pond,  seining  regulated,         ....  607 

Fisheries,  inland,  leasing  of  great  ponds  regulated,        .            .            .  609 

"              "       prosecutions  under  laws  relating  to,  time  for,          .  559 

Fishery,  Oyster,  in  Barlow  River,  protection  to,  .            .            .            .  509 

"        Smelt,  hook  and  hand  line  only  to  be  used,        .  .  621,  901 

Fishing  Companies,  certain,  dissolved,       .....  842 

Fishing  Insurance  Company,  Gloucester  Mutual,  charter  amended,    .  520 
Fish-ways  on  Mill  River,  Taunton,  owners  of  dams  released  from 

building,  .........  633 

Fitchburg,  city  of,  may  fund  sewerage  debt  and  issue  bonds,  .            .  558 

"               "       may  re-organize  fire  department,       .            .            .  559 

Fitchburg  RaUroad  Company,  concerning,           ....  536 

"                "               "         and  others,  may  alter  roads  so  as  to  dis- 
continue grade  crossings  in  Boston,  Charlestown  and  Somerville,  879 


XIV 


Index. 


Fitchburg  Street  Railway  Company,  incorporated, 

Flats  of  Commonwealtli  in  Boston  Harbor,  certain,  filling  of,  . 

Flats  of  Miller's  Eiver,  in  Cambridge  and  Somerville,  filling  author- 
ized for  abatement  of  nuisance,  .... 

Flats  in  Newburyport,  certain,  city  may  fill, 

Florence  Savings  Bank,  in  Northampton,  name  established,     . 

Fort  Point  Channel,  bridge  across.  Old  Colony  Railroad  Company  may 
widen,  and  extend  wharf, 
"        "  "         harbor  lines  in,  changed, 

Framingham  and  Lowell  Railroad,time  for  location  and  construction. 

Frauds  at  Elections  in  cities,  to  prevent,  supervisors  may  be  aj)- 
pointed ;  duties,  penalties,        ..... 

Frauds  in  procuring  Divorce,  penalty,      .... 

Fraudulent  Insurance,  fines  for,  one-half  to  be  paid  complainant, 

Free  Bridge  Company,  Squantum,  incorporated, . 

Free  Bridge  over  Connecticut  River  at  Springfield,  construction  au 
thorized,  ........ 

Free  Bridges  over  Connecticut  River,  fast  driving  on  prohibited. 

Free  Libraries,  towns  may  appropriate  money  for  expenses  of. 

Free  Library,  Concord,  incorporated,         .... 

Freemasons'  Hall  Association,  in  Haverhill,  capital  stock  of,    . 

Freight  charges  on  Railroads,  i^enalty  for  violating  provisions  of  act 
1871,  

Freight  Railroad  Company,  Union,  shall  receive  and  deliver  passen- 
ger cars  at  connections ;  not  to  affect  rights  of  Commercial  or 
Marginal  Comiianies,     ....... 

Funds,  compensation,  for  harbors,  investment  provided  for,     . 


Page 
572 

686 

753 
559 

636 

604 
634 
535 

910 

908 
568 
694 

616 

557 
757 
541 
525 

638 


636 

876 


G. 

Gas  Light  Companies,  capital  of,    .  .  .  .  .  508,  858 

Gas  Light  Company,  Brookline,  may  manufacture  in  Brighton,           .  605 
"        "             "           Holyoke  Water  Power  Company,  may  make  and 

sell  gas,       ......  517 

"        "             "           Lynn,  may  extend  pipes,    ....  545 

"        "             "               "      proceedings  legalized,          .            .            .  572 
"        "             "          Manufacturers',  of  Fall    River,  may  increase 

capital,       ......  647 

Gay  Head  Herring  Creek,  seining  at  mouth  of,  regulated,         .            .  607 

Gay  Head  schools,  in  aid,     .......  926 

General  Statutes,  commissioners  on  publication  of,  allowance  to,        .  929 

Glass,  Plate,  formation  of  companies  for  insurance  of,   .            .            .  594 

Gloucester,  city  of,  establishment  provided  for,  ....  669 

"           Harbor  of,  change  of  lines  in,             ....  901 

"                  "           rates  of  pilotage  in,          ...            .  632 

Gloucester  Mutual  Fishing  Insurance  Company,  charter  amended,     .  520 

Govei-nor,  Addi-ess  of,  to  legislature,          .....  935 

Governor's  Private  Secretary,  salary  established,           .           .           .  909 


Index. 


XV 


Page 

Grade  of  certain  lands  in  Boston  may  be  raised, ....  865 

Grade  in  town  of  Brookline,  establishment,  ....  507 
Grand  Junction  Railroad,  owners  may  alter  roads  so  as  to  discontinue 

grade  crossings  in  Boston,  Charlestown  and  Somerville,  .  .  879 
Graves  of  soldiers  and  sailors,  towns  may  appropriate  money  for 

monuments,         ........  863 

Gray,  Russell,  in  favor,         .......  926 

Great  Ponds,  leasing  of,  regulated,             .....  609 

Groton,  town  of,  relieved  from  maintaining  high  school,  .  .  927 
Guardians  irregularly  appointed ;  accountability,  payments  may  be 

confirmed,  S.  J.  Court  may  decree  as  to  rights  of  parties  interested,  684 

Guardians  may  execute  mortgages  containing  power  of  sale,    .            .  708 

"  may  be  appointed  and  have   custody  of  minor  children 

when  parents  are  unfit,             ......  902 

Guns  to  be  furnished  Fifth  Light  Battery,            ....  932 


H. 

Hale,  Ebenezer  and  Sarah  W.,  deeds  of,  confirmed, 

Hale,  Henry  F.,  in  favor,      ...... 

Hale,  Moses  E.,  may  build  wharf  in  Newburyport, 

Halifax,  town  of,  in  favor  for  armory  rent, 

Hampden  County  Commissioners,  may  build  free  bridge, 

"  "  "  may  borrow  money  to  pay  certain 

damages,  ........ 

Hampshire  County  Clerk  of  Courts,  salary  increased, 

Harbor  of  Boston,  certain  flats  and  lands  of  Commonwealth,  filling  of. 

Harbor  of  Gloucester,  rates  of  pilotage  in, 

Harbor  Line  on  Merrimac  River  in  Newburyport,  established, 

Harbor  Lines  on  Charles  River,  established, 

"        "      in  Fort  Point  Channel,  changed,    . 

"        "      in  Gloucester  Harbor,  changed, 

"        "      on  Mystic  River,  established, 

"        "      on  Neponset  River,  established. 
Harbors  of  Commonwealth,  compensation  funds  for,  investment, 
Haverhill,  city  of,  election  of  overseers  of  poor,  . 

"  "     may    be    allowed    portion  of    cost  of  rebuilding 

Haverhill  Bridge,  ...... 

Haverhill,  city  of,  may  build  wharf  and  bridge,  shall  maintain  landing, 

Haverhill  Bridge,  rebuilding  of  authorized. 

Health,  Public,  compulsary  examination  by  boards  of  health  ;  penalty 

for  removing  signals  of  infection,        .... 
Hide  Seat  Company,  American,  name  changed  to  Rockport  Hide  Manu 

facturing  Company,       ...... 

Highland  Street  Railway  Company,  may  locate  additional  tracks, 
Highway  in  North  Bridgewater,  alteration  authorized, 

"         in  Saugus,  town  relieved  of  part  expense  of  repairs, 

"         in  Tyngsborough,  time  for  laying  out,  extended, 


921 
932 
555 
924 
616 

686 
758 
686 
632 
822 
690 
634 
901 
633 
856 
876 
637 

629 
683 
629 

477 

494 
561 
604 
590 
543 


XVI 


Il^DEX. 


Higliways,  powers  of  road  commissioners,  over,  . 

"  proposed  erection  of  dams  to  injury  of,  proceedings, 

"  relocation  of,  assessment  of  expense, 

Hinkley  and  Williams  Works,  name  changed, 
Holyoke,  city  of,  established,  ..... 

Holyoke  and  Northampton  Boom  and  Lumber  Company,  concerning. 
Holyoke  Water  Power  Company,  provisions  respecting  canals  of, 

"  "  "  "  may  manufacture  gas, 

Holyoke  and  Westfield  Kailroad,  town  of  Holyoke  may  hold  stock  of. 
Home,  Children's,  of  Fall  River,  established, 

Hoosac  Tunnel,  completion  of,  expenditure  of  $"200,000  authorized, 
"  "         contractors,  certificates  of  indebtedness  to,  release 

of  mortgage,       ....... 

Hoosac  Tunnel,  expenses  of  engineering  at,  allowance  for, 
Hopkinton  Railroad  Company,  may  extend  and  mortgage  road. 
Horse  Railroads.     (See  "  Street  Railway  Corporations.") 
Hospital  and  Free  Dispensary,  Charlestowu,  incorporated, 

"        State  Lunatic,  in  north-eastern  part  of  state,  establishment 
"  "  "  at  Northampton,  exchange  of  certain  lands, 

"  "  "  at  Taunton,  allowance  for  enlargraent, 

"  "  "      .     at  Worcester,  allowance  to. 

Hospitals  for  persons  requiring  temporary  relief,  towns  may  establish 
Hotel  Companies,  certain,  dissolved,  .  .  .  , 

Housatonic  Railroad  Company,  concerning,  ... 
Hubbardston,  town  of,  acts  as  to  school  districts  confirmed,  . 
Humane  and  Religious  Society,  Somerset,  meeting  authorized, 
Humphreys,  William,  may  extend  wharves  in  Marblehead, 


Page 
517 
569 
593 
477 
573 
625 
582 
517 
595 
538 
869 

928 
919 
549 

500 
636 
929 
926 
930 
608 
842 
595 
757 
501 
512 


I. 

Ice  Companies,  certain,  dissolved,  ..... 
Imprisonment,  solitary,  bedding  and  ventilation  of  cells, 
Incomes  exceeding  two  thousand  dollars  to  be  taxed,    . 
Industrial  School  for  Gh-ls,  number  of  trustees  increased  from  ad 

visory  board,        ....... 

Infectious  diseases,  penalty  for  removing  signals  from  premises. 
Infirmary,  Massachusetts  Eye  and  Ear,  governor  to  appoint  additional 

managers,  ....... 

Infirmary,  Massachusetts  Eye  and  Ear,  allowance  to,    . 

Ingalls,  Elias  T.,  may  build  wharf  in  Haverhill, 

Inland  Fisheries,  prosecutions  under  laws  relating  to,  time  for, 

"  "  leasing  of  great  ponds  regulated. 

Inquests  in  cases  of  fire,  complaint  requiring,  when  to  be  made, 
Insane,  new  State  Hospital  for,  erection  authorized. 
Insane  in  Suffolk  County,  certain  trial  justices  to  have  jurisdiction  in 

matters  relating  to,        . 
Insanity,  persons  acquitted  of  murder  by  reason  of,  shall  be  com 

mitted  to  lunatic  hospital  for  life,       .... 
Insolvency  Courts,  fees  and  deposits  in,    .  .  ,  . 


842 
569 

878 

593 
477 

558 
922 
552 
559 
609 
710 
637 

706 

632 
618 


Index. 


XVll 


Inspection  of  Buildings  in  Boston,  acts  amended, 
Inspection  of  Commercial  Fertilizers,  provided  for, 
Inspectors  of  State  Prison,  reports,  when  to  be  made,    . 

"  "  "        payment  of  certain  expenses  authorized. 

Institute  of  Technology,  Massachusetts,  granted  land  in  Boston, 
Institutes,  Teachers',  amount  they  may  receive  from  state. 
Insurance  Agents,  certain,  reimbursement  of  overpaid  taxes  to, 
Insurance  Brokers,  certificates  of  authority,  duration,   . 
Insurance  Commissioner  to  codify  general  laws  and  report  on  state 

or  municipal  insurance,  ..... 

Insurance  Companies,  certain,  dissolved,  .... 

"  "  certain  Mutual  Fire,  dividends  of,  . 

"  "  for  insurance  of  plate-glass,  formation  of, 

"  "  organized  under  act  1872,    when   may    take 

marine  risks,       ....... 

Insurance  Companies,  taxation  of,  .... 

Insurance  Department,  building  to  be  leased  and  refitted  for  use  of, 
Insurance,  Fraudulent,  fines  for,  one-half  to  be  paid  complainant. 
Insurance,  Mutual,  Lowell  Bleachery  and  other  corporations  may 

contract  for,        ..... 
Insurance,  Mutual,  Wamesit  Power  Company  and  other  corporations 

may  contract  for,  ..... 

Insurance  Policies,  standard  form  established,    . 

iNStJRANCE   COMPAXTES: 

Annisquam  Mutual  Fire,  charter  extended, 

Citizens'  Mutual,  in  Brighton,  charter  continued. 

City  Mutual  Fire,  in  Eoxbui'y,  charter  extended, 

Gloucester  Mutual  Fishing,  charter  amended, 

Lynn  Mutual  Fire,  charter  extended, 

Men-imack  Mutual  Fire,  charter  extended, 

South  Danvers  Mutual  Fire,  charter  extended, 

Worcester  Mutual  Fire,  may  hold  real  estate. 

Intoxicating  Liquors,  not  considered  as  estate  exempt  from  being 

taken  on  execution  within  meaning  of  oath  for  relief  of  poor 

debtors,    ......... 

Intoxicating  Liquors,  sale  of,  additional  act  concerning, 
"  "  seizure  of,  publication  of  notice, 


Page 
739,864 
759 


539 
918 
597 
735 
920 
593 

928 
842 
599 
594 

601 

562 

923,  927 

.568 

478 

548 
852 

536 
520 
537 
520 
629 
537 
536 
536 


868 
510 
851 


J. 

Jail  in  Edgartown,  erection  authorized,    .... 

Jails,  cells  for  solitary  confinement,  ventilation  and  bedding  in, 

James  Steam  Mills,  deeds  of  E.  and  S.  W.  Hale  to,  confirmed, 

Johnston,  George  H.,  in  favor, 

Jones,  Edward  J.,  in  favor,  . 

Juries  in  capital  cases,  how  empanelled. 

Juries  of  Sheriffs,  fees  of, 

"  "         fees  of  Sheriffs  for  presiding  over. 


543 
569 
921 
922 
926 
757 
507 
619 


71 


xvin 


Index. 


Juries  of  Sheriffs,  trials  before,  trials  may  be  had  in  superior  court 
instead,     ......... 

Jurors,  peremptory'  challenging  of,  right  niay  be  exercised  after  de- 
termining that  juror  is  indifferent,  state  in  capital  trials  may 
challenge  ten,      ........ 

Jurors  in  Suffolk  County,  service  limited,  .... 

Justice  of  the  Peace,  acts  of  David  B.  Kimball  as,  confirmed,  . 

Justices  of  Supreme  Judicial  Court,  number  increased, 

Justices,  Trial,  of  juvenile  offenders  in  Suffolk  County,  to  have  juris- 
diction in  matters  relating  to  insane  persons, 


Page 


688 


823 
511 
747 
509 

706 


K. 

Kelly,  Elbridge  G.,  may  extend  wharf  in  Newburyport, 
Kenoza  Street  Railway  Company  of  Haverhill,  incorporated, 
Kimball,  Alfred  R.,  may  build  wharf  in  Haverhill, 
Kimball,  David  B.,  acts  as  justice  of  the  peace  confirmed, 


555 
635 
552 

747 


Labor,  Biu-eau  of  Statistics  of,  appropriation  for  expenses, 

"  "  "  location  of  head-quarters, 

Labor  performed  in  construction  of  railroads,  right  of  action  against 
owners  of  road  for,         ...... 

Lager-Bier,  vote  of  towns  on  sale  of,  act  authorizing  repealed. 
Land  in.  Boston,  for  post-office  and  sub-treasury,  United  States  may 
j)urchase,  ..... 

"  *'        sale  to  city  authorized,    .... 

"  "        certain,  grade  may  be  raised,      ... 

Land  for  Camp-ground,  governor  and  council  may  take, 
Land  in  Charlestown,   Eastern    Railroad  Company  may  take  for 
freight  purposes,  ...... 

Land  for  new  State  Prison,  commissioners  may  take,     . 
Land  in  Worcester,  city  may  purchase  and  lease,  for  slaughter-houses 
Land  Company,  Boston,  may  exclude  tide-water  from  their  lands, 
"  "  Cary  Improvement,  may  build  bridge  over  Chelsea 

Creek,       ........ 

Land  and  Improvement  Company,  Turner's  Falls,  charter  amended, 
Landing-Places,  certain,  in  Milton,  discontinued, 

"  "        certain,  in  Newburyport,  city  may  discontinue. 

Lands  of  Lunatic  Hospital,  at  Northampton,  exchange  of, 

"     in  Maine,  certaiu  documents  relating  to,  transferred  to  state  of 
Maine,  ....... 

"     Public,  Commissioners  may  give  deeds  when  bonds  for  convey 
ance  are  lost,  ...... 

"      used  for  military  encampments,  compensation  for, 
"     for  Post-Offices,  jurisdiction  ceded  to  United  States, 
"      of  State  Prison,  payment  for  establishing  boundary  lines  of, 
Lawrence,  city  of,  allowed  for  supjDort  of  state  pauper, 


933 

930 

877 
510 

605 
620 
865 
681 

882 
864 
709 
692 

620 
525 
692 
559 
929 

931 

735 
920 
510 
931 
923 


Ikdex. 


yix 


Page 
Lawrence,  city  of,  crossing  of  Boston  and  Maine  Railroad  in,  report 

on  ordered,  ........  924 

Laws,  relating  to  Insurance,  codification  provided  for,  .  .  .  928 

"     Provincial,  commissioners  to  reprint  second  volume,       .  .  918 

Laws  relating  to  Railroads,  codification  ordered,  .  .  .  929 

Leasing  of  building  for  state  iiur]30ses,  authorized,        .  .  .  923 

Leasing  of  connecting  raili-oads  one  to  other,  act  1872  not  to  apply  to 

roads  having  terminus  in  Boston,        ....  870,  883 

Leasing  of  great  ponds  for  cultivation  of  useful  fishes,  regulated,      .  609 

Lebanon  Springs  Railroad,  act  1869  concerning,  amended,        .  .  540 

Lee  and  Hudson  Railroad  may  cross  track  in  Stockbridge,  may  unite 

with  another  road,  .......  595 

Legislature,  clerks  and  assistant  clerks,  compensation  of,  .  909,  912 

Lemly,  Hattie,  allowed  state  aid,    ......  923 

Lenox  Academy,  sale  of  real  estate  authorized,  ....  543 

Lewis,  William,  may  extend  wharf  in  Vineyard  Haven,            .            .  502 
Lexington,  town  of,  may  di-ain  meadows  near  Central  Village,            .  622 
Lexington  Water  Company,  established,  town  may  purchase  fran- 
chise or  hold  stock  of,    .           .           .           .           .           .           .  7  02 

Libraries,  fr'ee,  cities  and  towns  may  appropriate  money  for  expenses 

of, 757 

Library,  Concord  Free  Public,  incorporated,        ....  541 

Librai'y,  State,  to  be  8upj)lied  with  statutes  for  exchanges,  allowance,  924 

Life  Insurance  Comi^anies,  taxation  of,      .  .  .  .  .  562 

Limited  Partnerships,  formation  of,  certificate  to  be  filed  in  Secre- 
tary's department,  etc.,  dissolutions,  G.  S.  repealed,  .  .  824 
Liquors,  Intoxicating,  not  considered  as  estate  exempt  from  being 

taken  on  execution  within  meaning  of  poor  debtoi"'s  oath,  .  868 

Liquors,  Intoxicating,  sale  of,  additional  act  concerning,  .  .  510 

"  "  seizure  of,  publication  of  notice,  .  .  851 

Little  River,  Haverhill,  city  may  build  wharf  and  a  bridge  over,        .  683 

Loan  Company,  Collateral,  in  Boston,  interest  on  loans,  .  .  548 

Lock-ups,  management  of,   .  .  .  .  .  .  .  598 

Locomotive  Works,  Hinkley,  name  established,  ....  477 

Lowell,  city  of,  jiaymeut  of  water  loan  bonds  provided  for,      .  .  523 

Lowell  Bleachery,  may  contract  with  other  corporations  for  mutual 

insurance,  ........  478 

Lowell  Horse  Railroad  Company,  may  increase  capital,  .  .  596 

Lumber  Comjiany,  Holyoke  and  Northampton,  caiiital,  etc.,     .  .  625 

Lunatic  Hospital,  in  north-eastern  part  of  state,  erection  authorized,  637 

"  "         at  Northampton,  exchange  of  certain  lands,  .  929 

"  "         at  Taunton,  allowance  for  enlargement,       .  .  926 

"  "         at  Worcester,  allowance  to,     .  .  .  .  930 

Lynn  and  Boston  Railroad,  tracks  may  be  used  by  another  company,  625 

Lynn  City  Street  Railway  Comjiany  incorporated,  .  .  .  625 

Lynn  Gas  Light  Company,  may  extend  pijies,     ....  545 

"  "  "         proceedings  legalized,  .  .  .  572 

Lynn  Mutual  Fire  Insurance  Company,  charter  extended,        .  .  629 


XX 


Index. 


M. 

Page 

Maine,  State  of,  transfer  of  certain  land  records  and  archives  to,        .  931 

Maiden  Odd  Fellows'  Hall  Association,  incorporated,    .           .           .  506 

Maiden  River,  improvement  of  channel,   .....  925 

Manchester,  town  of,  may  construct  causeway  or  bridge,          .            .  635 

Mandamus,  petitions  for  writ,  when  may  be  presented,  where  heard,  879 
Mansfield  and  Framingham  Railroad  Comjiany,  union  with  other 

companies,           ........  497 

Manslaughter,  persons  acquitted  of  by  reason  of  insanity,  shall  be 

committed  to  lunatic  hospital  for  life,           ....  632 

Manufacturers'  Gas  Company  of  Fall  River,  capital  increased,           .  ,  647 
Manufacturing  Corporations: 

American  Hide  Seat  Company,  name  changed,      .            .            .  494 

American  Print  Works,  may  enlarge  wharf  in  Fall  River,          .  502 

Brookline  Gas  Light  Company,  may  make  gas  in  Brighton,       .  605 

Hinkley  Locomotive  Works,  name  established,    .           .           .  477 

Holyoke  Water  Power  Company,  may  make  and  sell  gas,          .  517 

James  Steam  Mills,  deeds  of  E.  and  S.  W.  Hale  to,  confirmed,  .  921 

Lowell  Bleachery,  contract  for  insurance, .           .            .           .  478 

Lynn  Gas  Light  Company,  may  extend  pipes,      .            .           .  545 

"           "                  "           proceedings  legalized,            .            .  572 

Manufacturers'  Gas  Company  of  Fall  River,  capital  increased,  647 

Rockport  Hide  Manufacturing  Company,  name  established,      .  494 

Manufacturing  Corporations,  certain,  dissolved,             .            .           .  842 

Manufacturing  Corporations,  Gas,  capital  stock  of,       .  .  508,  858 

Marblehead  and  Lynn  Railroad,  time  for  constructing,.            .           .  478 

Marginal  Freight  Railway  Company,  concerning,           .            .            .  "636 

Marine  Insurance,  when  may  be  taken  by  companies  organized  under 

act  1872, 601 

Market  Company,  Tremont,  in  Boston,  incorporated,    .            .            .  526 
Massachusetts  Charitable  Eye  and  Ear  Infirmary,  appointment  of 

managers,        .  558 

"                      "               "                "           "        allowance  to,      .  922 

"               Institute  of  Technology,  granted  land  in  Boston,       .  597 

Masters  in  Chancery  for  Suifolk  County,  number  increased,     .           .  901 

Materials  furnished  in  construction  of  railroads,  right  of  action  against 

owners  for,           ........  877 

Matheson,  Murdoch,  allowance  for  injuries  received,     .            .           .  923 
Mattakeesett  Creeks,  town  of  Edgartown  may  i)urchase  franchise  of 

proprietors,         ........  539 

Mayors  of  Cities,  veto  power  of,  in  expenditures  of  money,       .           .  560 

Meadows  in  Lexington,  drainage  of,  authorized,             .            .            .  622 

Mechanics'  Association,  Essex,  in  Lawrence,  incorporated,       .           .  630 

Medford,  town  of,  may  build  bridge  over  Mystic  River,             .           .  556 

Menamsha  Pond,  seining  at  certain  seasons  prohibited,            .           .  607 

Merrimack  Mutual  Fire  Insurance  Company,  charter  extended,          .  537 

Merrimack  River,  landing  at  Haverhill,  city  to  maintain,         .            .  683 

"               "       bridge  over,  in  Tyngsborough,  time  for  laying  out,  542 


Index.  xxi 

Page 
Merrimack  River,  harbor  line  at  Newburyport,  established,     .           .  8'22 
Merrimack  Street  Railway  Company,  in  Haverhill,  relating  to,          .  635 
Messenger,  assistant,  of  council,  salary  established,        .            .            .  909 
"            of  surgeon-general,  salary  established,          .            .            .  913 
Methodist  Episcopal  Church,  Boston  Missionary  and  Church  Exten- 
sion Society,  name,      .            .            .  542 
"                 "               "        Winchendon,  trustees  Lucorporated,      .  737 
Middleborough  Savings  Bank,  incorporated,        ....  538 

Middleborough  and  Taunton  Railroad  Company,  may  sell  road,          .  496 

Middlesex  Central  Railroad,  town  of  Lexington,  may  cross  by  culverts,  623 
Milford  and  Woonsocket  Railroad,  union  with  Rhode  Island  and 

Massachusetts  road,        .....>.  627 

Mihtary  Encampments,  payment  for  use  of  lands  for,    .            .            .  920 

mUtia  Act,     .........  760 

Militia,  general  officers  and  their  staffs,  compensation,  .            .            .  923 

Militia  Camp-ground,  governor  and  council  may  take  land  for,            .  681 

Milk,  purchase  of,  and  size  of  cans,  regulated,     ....  600 

Mill  Corporation,  Boston  and  Roxbury,  and  the  Commonwealth,  in- 
denture between  confirmed,      ......  552 

MiU  Dams  on  Mill  River,  Taunton,  owners  released  from  constructing 

fish-ways,             ........  633 

Miller's  River,  flats,  etc.  in  Cambridge  and  Somerville,  filling  au- 
thorized,              ........  753 

Mills,  proposed  erection  of  dams  to  injury  of  public  ways,  proceedings,  569 

Milton,  town  of,  certain  public  landing  places  in,  discontinued,          .  692 

Mining  Corporations,  certain,  dissolved,  .....  842 

Missionary  and  Church  Extension  Society,  Methodist,  Boston,  name,  542 

Money,  treasurer  may  borrow,  in  anticipation  of  revenue,        .           .  918 
Monuments  at  graves  of  Soldiers  and  SaUors,  towns  may  appropriate 

money  for,           ........  863 

Moral  Reform  Society,  New  England,  may  hold  special  meeting,        .  "  479 

Mortgage  Company,  Boston,  incorporated,           ....  695 

Mortgages  by  administrators,  guardians  and  trustees,  may  contain 

power  of  sale,      ........  708 

Moving  of  Buildings  in  public  streets,  powers  of  road  commissioners,  517 
Muddy  River  in  Brookline,  town  may  make  new  channel,  drains  in 

Boston  may  be  extended  into  same,    .....  687 

Municipal  Court,  of  Boston,  attendance  of  constables  at,          .            .  758 

"               "     of  Charlestown  District,  establishment  provided  for,  718 

"  "      of  Dorchester  District,  clerk  for,  .  .  .900 

Municipal  Insmance,  commissioner  to  report  on  subject,          .            .  928 

Murder,  persons  acquitted  by  reason  of  insanity  shall  be  committed 

for  life  to  lunatic  hospital,        ......  632 

Murphy,  Timothy,  allowed  annuity,           .....  922 

Museum  of  Comparative  Zoology,  allowance  to, .            .            .            .  930 

Musical  Corporations,  organization  of,      .            .            .            .            .  599 

Mutual  Fire  Insurance,  Lowell  Bleachery  may  contract  for,  with 

other  corporations,        .......  478 


xxii  Index. 

Page 
Mutual  Fire  Insurance,  Wamesit  Power  Company  may  contract  for, 

with  other  corj)orations,            ......  548 

Mutual  Fire  Insurance  Companies,  certain,  dividends  of,         .           .  599 

Mystic  Kiver,  bridge  over,  town  of  Medford  may  build,            .           •  556 

"        "      harbor  lines  on,  established,           ....  633 

N. 

Nahant,  town  of,  may  build  wharf,           .....  556 

Names  of  Persons,  change  of,           .....            .  979 

Natick,  town  of,  supply  of  water  for,         .....  528 

Natural  Scenery,  defacement  of  by  affixing  advertisements,  to  prevent  875 

Navy  of  United  States,  testimonials  to  certain  persons  in,  .  .  919 
Neglected  Children,  guardian  may  be  appointed  and  have  custody, 

when  parents  are  unfit,             ......  902 

Neponset  Kiver,  bridge  over,  Squantum  Bridge  Company  may  build,  694 

"  "  harbor  lines  on,  established,  ....  856 
New  Bedford  and  New  York  Steam  Propeller  Company,  may  change 

name  and  increase  capital,        ......  506 

New  Bedford  Railroad  Company,  incorporated,  may  unite  with  other 

companies,           ........  495 

New  Bedford  and  Taunton  Eailroad  Company,  may  sell  road, .  .  496 
New  England  Lodge  Associates,  in  Cambridge,  incorporated,  .  .  636 
"  "  Moral  Reform  Society,  may  hold  special  meeting,  .  479 
New  Haven  and  Northampton  Company,  may  increase  capital,  .  494 
New  York  and  New  England  Eailroad  Comj)any,  organization  con- 
firmed,        726 

Newburyport,  City  of.  Election  of  Assessors,        ....  544 

"                       "       harbor  line  on  Merrimack  River,  established,  .  822 

"                       "       may  discontinue  landing  places  and  fill  flats,  559 

Newburyport  and  Amesbury  Horse  Railroad  Company,  may  lease  road,  512 
Newbiu-j^port  Bridges,  allowance  for  certain  expenses  to  city,  and 

town  of  Salisbury,          .......  693 

Newburyijort  City  Railroad,  time  for  construction  extended,   .            .  829 

Newton ,  city  of,  establishment  iirovided  for,        .            .          . .            .  829 

Newton  Cemetery  Corporation,  town  may  loan  money  to,        .            .  868 

Nickerson's  Wharf  Comj)any,  may  hold  estate  in  East  Boston,            .  519 

Norfolk,  East  District  Court,  salary  of  clerk,       ....  495 

Normal  Art  School,  allowance  for  exiieuses  of,     .            .            .            .  928 

"        "        "       rooms  assigned  to,       .           .           .           .           .  932 

Normal  School  at  Bridgewater,  enlargement  of  boarding-house,           .  928 

"        "        at  Worcester,  appropriation  of  1872  amended,    .            .  589 

North  Bennet  Street  Free  Will  Baptist  Society,  Boston,  acts  confirmed,  737 

North  Bridgewater,  highway  in,  alteration  authorized,              .            .  604 

North  Parish  in  Weymouth,  may  sell  parsonage  lands,  .            .            .  604 

Northampton  Street  Railway  Company,  name  established,  capital,    .  512 

Northampton  and  Williamsburg  Street  Railway,  name,  capital,  .  512 
Norwich  and  Worcester  Railroad  Company,  legal  proceedings  against 

to  be  discontinued,        .......  924 


Index.  xxiii 

Page 
Notaries-Public,  may  administer  oaths  and  take  affidavits,       .           .  608 
Notice,  orders  of,  clerks  of  courts  may  issue  when  required,  in  vacation,  687 
Nuisance  in  Cambridge  and  Somerville,  filling  of  certain  flats  au- 
thorized, .........  753 

Nuisances,  examinations  by  boards  of  health,      ....  477 

o. 

Oaths,  mode  of  administering,        ......  622 

Oaths,  Notaries-Public  may  administer,    .....  608 

Oaths  of  office  of  Mass.  Commissioners  in  other  states,  .           .           .  491 

Odd  Fellows'  Hall  Association,  of  Boston,  capital  and  estate,  .           .  620 

"           "          "           "             of  Maiden,  incorporated,          .           .  506 
"            "          "            "              of  New  England  Lodge  in  Cambridge, 

incorporated,           .            .            .  636 

"           "          "           "            of  Stoneham,  par  value  of  shares,       .  597 

Officers,  general,  of  Militia  and  their  Staffs,  compensation,       .           .  923 

Officers  of  State  Prison  to  be  uniformed,   .....  608 

Old  Colony  Railroad  Company,  may  construct  branch  iu  Barnstable 

and  increase  capital,      .......  570 

Old  Colony  Railroad  Company,  may  guarantee  bonds  and  hold  stock 

of  another  comiiany,      .......  615 

Old  Colony  Railroad  Company,  location  of  road  from  Wellfleet  to 

Provincetown,  time  for  construction,  capital  stock,            .            .  486 
Old  Colony  Railroad  Company,  may  change  location  of  road  in  Prov- 
incetown,.          ........  829 

Old  Colony  Railroad  Company,  may  widen  bridge  and  extend  wharf 

on  Fort  Point  Channel,             ......  604 

Old  Colony  Wharf  Company,  incorporated,          ....  647 

Ordway,  Warren,  may  build  wharf  in  Haverhill,            .            .            .  545 
Orphan  Asylum,  Fall  River,  may    unite    with  Children's    Friend 

Society,    .........  538 

Overseers  of  Poor  in  Cambridge,  election  of,        .           .           .           ,  863 

"                 "    in  Haverhill,  election  of,          .           .           .            .  637 

Oyster  Fishery  in  Barlow  River,  Sandwich,  protection  of,        .            .  509 


Parish  in  Newbury,  First,  may  sell  estate,           ....  573 
"      in  Randolph,  East,  may  sell  real  estate,    ....  592 
"      in  Rowley,  Fii'st,  acts  concerning,  repealed,        .            .            .  572 
"      of  West  Tisbury,  sale  of  parsonage  property,  repeal,      .           .  518 
"      in  Wejonouth,  North,  may  sell  parsonage  lands,            .            .  604 
Partnerships,  Limited,  formation  of,  certificate  to  be  filed  in  Secre- 
tary's department,  etc.,  dissolutions,  G.  S.  repealed,            .            .  825 
Passenger  Station,  Union,  in  Worcester,  time  extended  for  complet- 
ing, etc., 503 

Paupers,  pay  of  towns  for  support,  before  removal  to  place  of  settle- 
ment,       ...                       .....  622 


XXIV 


Index. 


Pierce,  Abner  J.,  in  favor,    ...... 

Pilotage,  vessels  in  coasting  trade  exempted  from  paying, 

"        for  i)ort  of  Boston,  rates  to  be  same  through  the  year, 

"        in  Gloucester  Harbor,  rates  established, 
Pilots  of  Boston,  establishment  of  Caj^e  Cod  Station  for, 
Plate-Glass,  insurance  of,  formation  of  companies  for,  . 
Plymouth,  town  of,  may  hold  stock  in  Duxbury  and  Cohasset  Eail 
road,  ...... 

"         County  Commissioners  of,  may  take  part  of  burying-ground 

in  North  Bridgwater  for  highway, 
Plymouth  County  Railroad,  time  for  locating,  extended, 
Plymouth  and  Sandwich  Railroad,  time  for  locating  and  constructing 
Police  Commissioners,  compensation  of,    . 
Policies  of  Insurance,  standard  form  established, 
Ponds,  leasing  of,  for  cultivation  of  fish,  regulated. 
Poor  Debtors,  arrest  and  discharge  of, 
Poor  Debtors,  oath  for  relief  of,  intoxicating  liquors  not  exempt  from 

being  taken  on  execution,         .  .  .  . 

Porter,  vote  of  towns  on  sale  of,  act  authorizing,  repealed, 
Post-Office  in  Boston,  United  States  may  purchase  additional  land  for, 
Post-Offices,  lands  required  for,  jurisdiction  ceded  to  United  States, 
Print-Works,  American,  may  enlarge  wharf  in  Fall  River, 
Prison,  State,  boundary  lines  of  lands,  payment  for  establishing, 
"  "     construction  of  new  building  authorized, 

"  "     land  for,  commissioners  may  take, 

"  "      officers  to  be  uniformed, 

"  "     payment  of  certain  expenses  of,     . 

"  "     protection  of  persons  employed  at, 

"  "     reports  of  inspectors,  when  to  be  made. 

Prisoners,  discharged  female,  in  aid  of. 

Prisons,  cells  in,  for  solitary  confinement,  ventilation  and  bedding. 
Probate  Court  in  Suffolk  County,  time  and  place  of  holding,  . 
Probate  Courts  may  authorize  temporally  investment  of  money,  and 

ftrder  partial  distribution  of  personal  property  of  unsettled  estate 

concurrently  with  S.  J.  C.  may  determine  matters  under  wills 

same  as  now  in  regard  to  trusts  under  wills, 
Probate  Courts  may  allow  claims  against  insolvent  estates,  provisions 

of  law  as  to  appeals  to  be  applicable  to  court. 
Propeller  Company,  New  Bedford  and  New  York,  may  change  name 

and  increase  capital,      ...... 

Proprietors  of  Mattakeesett  Creeks,  town  of  Edgartown  may  pur 

chase  franchise,  ....... 

Prosecutions,  criminal,  in  other  states,  witnesses  in  this  state  may  be 

summoned  to  attend,      .... 
Prosecutions  under  laws  relating  to  inland  fisheries,  when  may  be 

commenced,         ..... 
Providence,  Warren  and  Bristol  RaUroad  Company,  certain  railroads 

may  hold  stock  of,         . 


Page 
927 
710 
710 
632 
706 
594 

498 

604 
571 
549 

863 
852 
609 
876 

868 
510 
605 
510 
502 
931 
587 
864 
608 
918 
526 
539 
925 
569 
910 


631 

684 
506 
539 
823 
559 
615 


Index. 


XXV 


Page 

Provincial  La-ws  of  Massachusetts,  reprinting  of  second  volume,         .  918 
Public  Health,  examination  of  premises  by  boards  of  health ;  penalty 

for  removing  signals  of  infection,        ....  477 

"      Lands,  commissioners  may  sell  to  city  of  Boston,           .            .  620 
"           "       commissioners  may  give  deeds  when  bonds  for  convey- 
ance are  lost,     ......  735 

"      Library,  Concord,  iacorporated,     .....  541 

"      Schools,  appointment  of  superintendents,            .            .            .  544 

"            "        children  may  attend  in  other  towns,       .            .            .  735 

"            "        towns  may  furnish  pupils  with  text-books,       .            .  544 

"      Warehouses,  additional  provisions  respecting,     .            .            .  620 

Q. 

Qualification  of  Commissioners  for  Massachusetts  in  other  states,       .        491 
Quiacy  Point  Street  Railway  Company,  incorporated,  .  .  .        521 

R. 

Railroad  Commissioners,  to  report  on  crossing  of  Boston  and  Maine 

Railroad  in  Lawrence,       .  .  .        924 

"  "  to  report  codification  of  railroad  laws,  .        929 

"  "  salary  of  clerk,  .....        913 

Railroad  Corporations; 

Athol  and  Enfield,  name  changed,  capital,  location  of  road,      .        494 
Berkshire,  union  with  Lee  and  Hudson  Company,  .  .        595 

Boston  and  Albany,  lands  of,  certain  rights  affirmed,      .  .        728 

Boston  and  Albany,  may  change  location  of  road  in  Russell  and 

Montgomery,  shall  build  station  and  bridge,  .  .  .        736 

Boston  and  Albany,  and  others,  may  alter  roads  so  as  to  dis- 
continue grade  crossings  in  Boston,  Charlestown  and  Spm- 
erville,       ........        879 

Boston,  Barre  and  Gardner,  extension  in  Worcester,       .  .        493 

"  "  "         mortgage  of  property  authorized,  .        675 

Boston,  Clinton  and  Fitchburg,  union  with  other  companies,    .        497 
"  "  "  location  in  Framingham,  .        535 

"  ",  "  may  build  branch  road  in  Fram- 

ingham, .  .  .        881 

Boston,  Hartford  and  Erie,  franchise  granted  to  New  York  and 

New  England  Railroad  Company,        ....        726 

Boston  and  Lowell,  and  others,  may  alter  roads  so  as  to  discon- 
tinue grade  crossings  in  Boston,  Charlestown  and  Somer- 

vUle, 879 

Boston,  Lynn  and  Peabody,  location  and  construction  of  road, 

capital  reduced,   .......        683 

Boston  and  Maine,  may  build  wharf  in  Somerville,         .  .        534 

"  "       and  others,  may  alter  road  so  as  to  discon- 

tinue grade  crossings  in  Boston,  Charles- 
town and  Somerville,  .  .  .        871) 

72 


XXVI 


Index. 


Railroad  Corporations — Continued : 

Boston  and  Maine,  crossing  in  Lawrence,  report  on  ordered,     . 

Boston  and  Providence,  may  guarantee  bonds  and  hold  stock 

of  another  company,     . 

"  "  may  unite  with  Stoughton  branch. 

Commercial  Freight,  concerning,     ..... 

Duxbury  and  Cohasset,  town  of  Plymouth  may  hold  stock  of, 
East  Boston,  incorporated,    ...... 

Eastern,  legal  i^roceedings  against,  to  be  discontinued,  . 
Eastern,  may  take  land  and  construct  tracks  in  Charlestown 

for  freight  purposes,  may  increase  capital. 
Eastern,  and  others,  may  alter  roads  so  as  to  discontinue  grade 

crossings  in  Boston,  Charlestown  and  Somerville,     . 
Exeter  and  Salisbury,  time  for  locating  and  constructing  road. 
Fall  Kiver,  Street,  incorporated,      .  .  .  .  . 

Fall  River,  Warren  and  Providence,  may  mortgage  road, 
Fitchburg,  concerning,  ...... 

"  and  others,  may  alter  roads  so  as  to  discontinue 

grade  crossings  in  Boston,  Charlestown  and  Som- 
erville, ...... 

Fitchburg,  Street,  incorporated,      .... 

Framiugham  and  Lowell,  time  for  locating  and  constructing 

road,  ....... 

Grand  Junction,  owners  may  alter  roads  so  as  to  discontinue 

grade  crossings  in  Boston,  Charlestown  and  Somerville, 
Highland,  Street,  may  locate  additional  tracks,   . 
Holyoke  and  Westfield,  town  of  Holyoke  may  hold  stock  of, 
Hopkinton,  may  extend  and  mortgage  road, 
Housatonic,  relating  to,        ....  . 

Keuoza,  Street,  in  Haverhill,  incorj)orated, 
Lebanon  Springs,  act  1869  concerning,  amended, 
Lee  and  Hudson,  may  cross  track  in  Stockbridge,  may  unite 

with  another  company,  ..... 
Lowell,  Horse,  may  increase  capital, 
Lynn  and  Boston,  Street,  tracks  may  be  used  by  another  com 

pauy,         .  .  ... 

Lynn  City,  Street,  incorporated,      .... 
Mansfield  and  Framingham,  union  with  other  companies, 
Marblehead  and  Lynn,  time  for  construction  extended,  . 
Marginal  Freight,  concerning,         .... 
Merrimac,  Street,  in  Haverhill,  concerning, 
Middleborough  and  Taunton,  may  sell  road, 
Middlesex    Central,   town  of  Lexington  may  build  culverts 

across  road,  ...... 

Milford  and  Woonsocket,  may   extend  road  and  unite  with 

Rhode  Island  and  Massachusetts  road. 
New  Bedford,  incorporated,  may  unite  with  other  companies, 
New  Bedford  and  Taunton,  may  sell  road. 
New  Haven  and  Northampton,  may  increase  capital. 


Page 
924 

615 
492 
636 
498 
521 
924 

882 

879 
595 
550 
615 
536 


879 
572 

535 

879 
561 
595 
549 
595 
635 
540 

595 
596 

625 
625 

497 
478 
636 
635 
496 

623 

627 
495 
496 
494 


IxDEX.  xxvii 

Railroad  Corporations — Concluded:  Page 

New  York  and  New  England,  organization  confirmed,    .            .  726 

Newburyport  and  Amesbiuy,  Street,  may  lease  its  road,            .  512 

Newburyport  City,  time  for  construction  of  road,            .            .  829 

Northampton,  Street,  name,  capital,           ....  512 

Nortliamj)ton  and  Williamsburg,  Street,    may   change  name 

and  reduce  capital,             ......  512 

Norwich  and  Worcester,  legal  proceedings  against  to  be  discon- 
tinued,         ........  924 

Old  Colony,  location  of  road  from  Wellfleet  to  Provincetown, 

time  for  construction,  caj>ital  stock,         .            .  486 
"         "         may  guarantee  bonds  and  hold  stock  of  another 

company,        ......  615 

"         "        may  change  location  of  road  in  Provincetown,       .  829 

"         "        may  construct  branch  road  in  Barnstable,    .            .  570 
"         "        may  widen  bridge  over  Fort  Point  Channel  and 

extend  wharf,          .......  604 

Plymouth  County,  time  for  locating  road,.            .            .            .  571 

Plymouth  and  Sandwich,  time  for  locating  and  constructing 

road,              ........  549 

Providence,  Warren  and  Bristol,  certain  companies  may  hold 

stock  of,        ........  615 

Quincy  Point,  Street,  incorporated,            ....  521 

Rhode  Island  and  Massachusetts,  union  with  Milford  and  Woon- 

socket  Company,    .             ......  627 

South  Boston,  may  increase  capital,           ....  852 

Southbridge  and  Palmer,  time  for  locating  road,             .           .  571 
Springfield,  Athol  and  North-Easteru,  name,  capital,  location, 

etc., .  494,682 

Springfield,  Street,  may  extend  tracks  in  Springfield,     .            .  571 

Stockbridge  and  Pittsfield,  relating  to,      .            .            .            .  595 

Stoughton  Branch,  may  unite  with  the  Boston  and  Providence,  492 
Taunton  Branch,  may  unite  with  the  New  Bedford  Company, .  497 
Troy  and  Greenfield,  improvement  of  road,           .            .            .  869 
Tyngsborough  and  Brookline,  location  and  construction,          .  535 
Union  Freight,  shall  receive  and  deliver  passenger  cars  at  con- 
nections,      ........  636 

Ware  River,  purchasers  of  franchise  may  organize  corporation,  626 

West  Amesbury  Branch,  union  with  New  Hampshire  Company,  485 

Williamstown  and  Hancock,  act  1869  concerning,  amended,      .  540 

Winthrop,  completion  and  equipment  of  road,     .            .            .  591 

Worcester  and  Shrewsbury,  may  locate  tracks  in  Worcester,     .  539 
Railroad  Corporations,  annual  returns  of,  accounts  to  be  closed  on 

last  day  of  September,            .            .            .  609 

"                   "              certain,  dissolved,          .            .            .            .  842 

"                '  "              formation  of,  act  1872  amended,            .            ,  550 

"                   "              state  directors  of,  reports,  eligibility,            .  632 

"                  "             Street,  increase  of  capital,  sale  of  shares,      .  757 

Railroad  Grade  Crossing  in  Lawrence,  report  on  to  be  made,  .           .  925 


xxvm 


Index. 


Page 


Railroad  Grade  Crossings  in  Boston,  Chaiiestown  and  Somerville, 
discontinuance,  ........ 

EaUroad  Passenger  Station,  Union,  in  Worcester,  time  for  complet- 
ing, etc.,  ......... 

Railroads,  accidents  on,  railroad  commissioners  to  Investigate  causes 

of, 

"         connecting,  leasing  of  one  to  other,  act  1872  not  to  apply 

to  roads  having  termhius  in  Boston,  .  .  870, 883 

"         freight  charges  on,  penalty  for  violating  provisions  of  act 

1871, 

"         labor  and  materials  furnished  in  constructing,  right  of 
action  against  owners  for,    ..... 

Real  Estate,  record  of  attachments  in  Sufifolk  county ;   in  suits  in 
U.  S.  courts  affecting  title,  duties  of  registers  of  deeds  and  clerks 
of   courts,  ....... 

Record,  Myra  E.,  allowed  state  aid,  .  :  .  . 

Reform  School,  State,  repairs  and  improvements. 
Registers  of  Deeds,  duties  in  recording  attachments  of  real  estate  in 
Suffolk  and  dissolutions  of  same ;  in  suits  in  U 
S.  courts  affecting  title  to  real  estate,  . 
"  "        may  appoint  assistants. 

Registry  and  return  of  births,  fees  for,     .... 

Religious  and  Humane  Society,  Somerset,  meeting  authorized, 
Rei^ort  of  Board  of  Agriculture,  additional  copies  to  be  printed, 
Reports  of  Inspectors  of  State  Prison,  when  to  be  made, 
Reservoir,  city  of  Boston  may  build,         .... 

Reservoir  Company,  Adams  and  Cheshire,  protection  of  fish  in  pond 

of, 

Returns  of  Railroad  Corporations,  accounts  to  be  closed  last  day  of 
September,  ....... 

Rhode  Island  and  Massachusetts  Railroad,  union  with  Milford  and 
Woonsocket  Railroad,   ...... 

Ritchie,  James,  and  others,  may  build  wharf, 

Road  Commissioners,  powers  and  duties  of,         . 

Rockport  Hide  Manufacturing  Company,  name  established,    . 

Russell,  town  of,  new  railroad  station  at,  ... 


879 


503 


540 


638 


877 


738 
923 
930 


738 
495 
570 
501 
931 
539 
724 

543 

609 

627 
542 
517 
494 
736 


s. 

Sailors,  monuments  at  graves  of,  towns  may  appropriate  money  for,  .  863 

Salaries  Established: 

Adjutant-Gfeneral,       .......  912 

Assistant  Clerks  of  Legislature,       .....  909 

Assistant  District-Attorney  for  Suffolk,      ....  537 

"         Messenger  of  Council,      .  .  .  ^.  .  909 

Attorney-General,       .......  685 

Chief  of  Bureau  Statistics  of  Labor,  ....  913 

Clerk  of  Board  of  Agriculture,        .....  913 


Index. 


XXIX 


Salaries  Established — Continued:  Page 

Clerk  of  Courts  for  Hampshire  County,     ....  758 

Clerk  of  District  Court  of  East  Norfolk,    ....  495 

"     of  Railroad  Commissioners,    .....  913 

Clerks  of  Legislature,            ......  912 

"       in  Secretary's  and  Auditor's  department,           .           .  913 

Constables  attending  Municipal  Court  of  Boston,           .            .  758 

Governor's  Private  Secretary,           .....  909 

Messenger  of  Surgeon-General,        .....  913 

PoKce  Commissioners,           ......  863 

Sergeant-at-Arms,       .......  912 

Sheriff  of  Worcester  County,           .....  537 

Treasurer  of  Bristol  County,           .....  538 

Visiting  Agent,  Board  of  Charities,           ....  912 

Watchmen  of  state  house,    .            .            .            .            .            .  909 

Sale  of  Ale,  Beer  and  Porter,  towns  not  to  vote  on,        .            .            .  510 

Salem  Turnpike,  expense  of  repairs,  town  of  Saugus  relieved,            .  590 

Sandwich,  town  of,  protection  of  oyster  fishery  in,         .            ,            .  509 

Saugus,  town  of,  relieved  of  expense  of  Salem  Turnpike  and  bridges,  590 

Savings  Bank,  Florence,  in  Northampton,  name  established,     .            .  636 

"         "        Middleborough,  incorporated,      ....  538 

"         "        Workingmen's,    of     Florence,    incorporated,    name 
changed,  ........  501,636 

Scenery,  defacement  of,  by  advertisements,  to  prevent,             .            .  875 

School,  absentees  from,  and  truant  children,  provisions  concerning,    688,  708 

"       attendance  at,  provisions  requiring,        ....  708 

"       State  Industrial,  number  of  trustees  increased  from  advisory 

board,      ........  593 

"       State  Normal,  at  Bridgewater,  enlargement  of  boarding-house,  928 

"          "            "        at  Worcester,  appropriation  of  1872  amended,  .  589 

"       State  Normal  Art,  allowance  for  expenses,         .           .           .  928 . 

"           "         "          "     rooms  assigned  to,      .           .           .            .  932 

"       State  Eeform,  repairs  and  imj)rovements,           .           .           .  930 

School  Committee  of  Chelsea,  election  of,             ....  693 

School  Committees,  compensation  of  members,    ....  589 

"  "  duties  of,  G.  S.  amended,      .  .  .  .735 

School  District  System,  towns  may  abolish,         ....  539 

"            "             "        in  Barnstable,  acts  of  town  concerning,  con- 
firmed,  ......  630 

School  Districts  in  Hubbardston,  acts  of  town  relating  to,  confirmed,  757 

Schools  in  Gay  Head,  allowance  for  support,       ....  926 

Schools,  Public,  children  may  attend,  in  other  towns,     .            .            .  735 

"             "        appointment  of  superintendents  of,        .            .            .  544 

"             "        towns  may  furnish  pupils  with  text-books,      .            .  544 

Scituate,  shores  and  beaches  in,  protection  of,     .            .            .            .  619 

Sea-Fowl  in  waters  of  Edgartown,  protection  of,            .            .            •  823 

Second  Assistant  Clerks  for  certain  Courts,  appointment,         .            .  600 
Second  Congregational  Society  in  Marblehead,  may  purchase  real 

estate,       .           .           .           .           ,           .           .           .           .  881 


TCTCX 


Index. 


Secretary's  department,  salary  of  extra  clerks,    . 

Secretary  of  Governor,  salary  established, 

Seminary,  Wellesley  Female,  name  changed, 

Sergeant-at-arms,  salary  established, 

Sewer  in  Cambridge,  city  of  Somerville  may  bnild. 

Sewerage  and  Drainage  hi  Boston,  powers  confen-ed  for. 

Sewers  in  Boston,  may  be  extended  into  new  channel  of  Muddy  Kiver 

Sewers  in  Cambridge  and  Somerville,  construction  authorized. 

Sextons,  fees  for  making  returns  of  deaths, 

Shanly,  Walter  and  Francis,  contractors  at  Hoosac  Tunnel,  in  favor. 

Shares  in  Banks,  taxes  on  how  assessed  and  j)aid,  duties  of  assessors, 

cashiers  and  tax  commissioner,  etc.,   . 
Shares  iu  Corporations,  par  value  of. 
Sheriff  of  Worcester  County,  salary  increased,     . 
Sheriffs,  fees  of,  for  presiding  over  juries, 

"         Deputy,  fees  of,  for  attendance  at  courts. 
Sheriffs'  Juries,  fees  of,        , 

"  "         trials  before,  trials  may  be  had  in  superior  court  in 

stead,        ...... 

Shores  and  Beaches  in  Scituate,  material  comjjosing  shall  not  be  re 
moved,      ........ 

Sigma  Phi  Society  of  WiUiams  College,  trustees  incorporated, 
Skinner,  Francis,  deeds  of  E.  and  S.  W.  Hale  to,  confirmed. 
Smelt  Fishery,  hook  and  hand  line  only  may  be  used,    .    . 
Smith  Charities,  trustees  of,  act  incorporating  amended, 
Societies  : 

Boston  Missionary  and  Church  Extension,  Methodist,  name. 
Children's  Friend,  and  Fall  Eiver  Oi-phan  Asylum,  may  unite. 
Congregational,  of  West  Tisbury,  sale  of  parsonage  property 
repeal,       ....... 

Delta  Psi  Society  of  Williams  CoUege,  trustees  incorporated. 

East  Parish  in  Kandolph,  may  sell  real  estate, 

Fifth   Congregational,   of    Springfield,    acts   legalized,   name 

changed  to  First  Congregational,  of  Chicopee, 
First  Baptist,  of  Newbury  and  Newbui-yport,  may  sell  estate, 
YiiBt  Parish  in  Newbury,  may  sell  estate,  . 

"  "      in  Kowley,  acts  concerning  repealed, 

Methodist  Ej)iscopal  Church  inWinchendon,  trustees  incorpor 

ated,  deed  confirmed,  may  seU  estate. 
New  England  Moral  Reform,  may  hold  si)ecial  meeting, 
North  Bennet  Street  Free-WiU  Baptist,  Boston,  acts  confirmed 
North  Parish  in  Weymouth,  may  sell  parsonage  lands,   . 
Second  Congregational,  in  Marblehead,  may  i)urchase    real 
estate,        ...... 

Sigma  Phi,  of  Williams  College,  trustees  incorxjorated, 
Somerset  Religious  and  Humane,  meeting  authorized. 
Societies,  certain  agricultural,  bounties  to. 
Societies,  certain  Religious,  dissolved, 


Page 
913 
909 
519 
912 
745 
619 
687 
755 
618 
928 

816 
507 
537 
619 
630 
507 


619 

558 

921 

621,  901 

506 

542 
538 

518 
592 
592 

597 
683 
573 
572 

737 
479 
737 
604 

881 
558 
501 
921 

842 


Index. 


XXXI 


Page 
Soldiers  wlio  served  on  quota  of  Wakefield,  town  may  pay  Ijounties 

to, 702 

Soldiers'  Graves,  towns  may  appropriate  money  for  monuments,          .  863 

Soldiers'  Employment  Bui'eau,  allowance  to,        .            .            .            .  922 

Solitary  Imprisonment,  ventilation  and  bedding  in  cells,          .            .  569 

Somerset  Eeligious  and  Humane  Society,  meeting  autliorized,             .  501 

Somerville,  city  of,  may  build  drain  tln'ough  Cambridge,           .            .  745 

"               "       nuisance  in,  filling  of  certain  flats  authorized,       .  753 

South  Adams,  supply  of  water  for,             .....  611 

South  Boston  Kailroad  Company,  may  increase  capital,            .            .  852 

South  Danvers  Mutual  Fhe  Insurance  Comjiany,  charter  extended,     .  536 

South  Framingham  Camj)-Meetiug  Association,  incorporated,              .  518 

South  Hadley  Falls,  supply  of  water  for,  town  may  issue  bonds,          .  548 

Southbridge  and  Palmer  Eaikoad,  time  for  locating,  extended,           .  571 

Spot  Pond,  tributary  waters  not  to  be  diverted  to  sui^iily  Winchester,  707 

Springfield,  city  of,  additional  sup^ily  of  water  for,         .            .            .  526 

"                 "       charter  amended,       .....  553 
Springfield,  Athol  and  North-Eastern  Eaih-oad  Comjiany,  name,  capital, 

location,  extension  and  mortgage  of  road,         .            494,  682 
"          Banking  and  Trust  Company,  incorporated,            .            .  902 
Springfield  Street  Kailway  Company,  may  extend  track  in  Spring- 
field,            571 

Squantum  Free  Bridge  Company,  incorporated,  ....  694 

Squires,  Asahel  P.,  allowance  to,    .            .            .            .            .            .  925 

Stanwood,  Eunice  H.  and  M.  F.,  may  build  wharf  in  Ipswich,             .  552 

State  Directors  of  Railroad  Corporations,  reports,  eligibility,   .           .  632 

State  House,  repairs  and  imxirovements,    .....  930 

"    Industrial  School,  number  of  trustees  increased  from  advisory 

board,         ........  593 

"    Insurance,  commissioner  to  report  on  subject,       .            .            .  928 
"    Library,  to  be  supplied  with  General  Statutes  for  exchanges, 

allowance  to,          ......           .  924 

"    Lunatic  Hospital  in  North-Eastern  part  of  State,  erection  au- 
thorized,            .....  637 

"            "              "           at  Northamjiton,  exchange  of  lands  at,         .  929 

"            "              "           at  Taunton,  allowance  for  enlargement,       .  926 
"            "              "           at  Worcester,  in  favor,             .            .            .930 

"    Normal  Art  School,  allowance  for  expenses,           .            .            .  928 

"          "         "        "        assignment  of  rooms  to,           .            .            .  932 

"    Normal  School  at  Bridgewater,  addition  to  boarding-house,      .  928 

"    Police,  refitting  of  building  for,        .....  932 

"    Prison,  new,  commissioners  may  take  land  for,     .            .            .  864 

"        "          "      construction  of  building  authorized,             .            .  587 

"        "         ofi&cers  to  be  unifoi-med,      .....  608 

"        "         pajTuent  of  certain  expenses  of,      .            .            .            .  918 

"        "         protection  of  persons  employed  at,             ...  526 

"        "         reports  of  Inspectors,  when  to  be  made,    .            .            .  539 

"    Prison  Lands,  payment  for  establishing  boundary  lines,             .  931 


xxxu 


Index. 


Page 
State  Reform  School,  repairs  and  improvements,  .  .  .     .   930 

"    Tax  of  $2,250,000  assessed,    ......  884 

Station  for  Boston  Pilots,  at  Cape  Cod  established,        .           .           .  706 
Station,  Union  Passenger,  at  Worcester,  time  for  completion,  etc.,  ex- 
tended,     .........  503 

Statistics  of  Labor,  Bureau  of,  location  of  office,           .           .           .  930 

"                 "             "             apijropriation  for  expenses,      .           .  933 
Steam-Boilers,  returns  concerning,  to  be  made  by  assessors  to  tax 

commissioner,      ........  825 

Steamship  Companies,  certain,  dissolved,             ....  842 

Steamship  Company,  Boston  and  Philadelphia,  iiicorporated,  .           .  511 

"               "            New  Bedford  and  New  York,  name,  capital,       .  506 

Steam  Supply  Company,  Boston,  incorporated,    ....  524 

Stickney,  Charles  P.,  may  extend  wharf  in  Fall  River,  .            .            .  738 

Stockbridge  and  Pittsfield  Railroad,  crossing  of  track  at  Stockbridge,  595 

Stoneham  Odd  Fellows'  Hall  Association,  par  value  of  shares,             .  597 

Storage  in  public  warehouses,  transfer  of  title  to  goods,  attachments,  620 
Stoughton  Branch  and  Boston  and  Providence  Raihoad  Companies, 

may  unite,           ........  492 

Street  Railway  Corporations  : 

Boston,  Lynn  and  Peabody,  location  and  construction  of  road, 

capital  reduced,  .......  683 

Commercial  Freight,  concerning,     .....  636 

East  Boston,  incorporated,    ......  521 

Fall  River,  incorporated,       ......  550 

Fitchburg,  incorporated,       ......  572 

Highland,  may  locate  additional  tracks,    ....  561 

Kenoza,  in  Haverhill,  incorporated,           ....  635 

Lowell,  may  increase  capital,           .....  596 

Lynn  and  Boston,  tracks  may  be  used  by  another  company,      .  625 

Lynn  City,  incorporated,       ......  625 

Marginal  Freight,  concerning,         .....  636 

Merrimac,  in  Haverhill,  relating  to,            ...            .  635 

Newburyport  and  Amesbury,  may  lease  road,       .            .           .  512 
Northampton  and  Williamsburg  may  change  name  and  reduce 

capital,      ........  512 

Quincy  Point,  incorporated,             .....  521 

South  Boston,  may  increase  capital,           ....  852 

Springfield,  may  extend  tracks  in  Springfield,      .            .            .  571 
Union  Freight,  shall  receive  and  deliver  passenger  cars  at  con- 
nections,   ........  636 

Winthrop,  completion  and  equipment,  town  may  hold  stock,   .  591 

Worcester  and  Shrewsbury,  may  locate  tracks  in  Worcester,     .  539 
Street  Railway  Corporations,   annual  returns  of,    accounts    to  be 

closed  September  thirtieth,      ......  609 

Street  Railway  Corporations,  increase  of  capital,  sale  of  shares,          .  757 

Suffolk  County,  assistant  attorney  for,  salary  established,        .           .  537 


Index. 


xxxiu 


Suffolk  County,  attachments  of  real  estate,  levy  of  executions  on 
lands  and  dissolution  of  attachments,  record  to  be  made  in 
registry  of  deeds,  ...... 

Suffolk  County,  Masters  in  Chancery  for,  number  increased,    . 
"  "         Probate  Courts  in,  time  and  place  of  holding, 

"  "         service  of  jurors  in,  limited, 

Sivnday  School  and  Missionary  Society,  Boston,  Methodist,  name 
changed,  ....... 

Superintendents  of  Public  Schools,  appointment  of, 

Superior  Court,  assistant  clerks  for,  in  Suffolk  County, 

"  "        trials  may  be  had  in,    instead    of   before    sheriffs 

juries,       ........ 

Supreme  Judicial  Court,  number  of  justices  increased,  . 

Surgeon-General's  Department,  salary  of  messenger, 


Page 

738 
901 
910 
511 

542 
544 

600 

688 
509 
913 


T. 

Taunton,  city  of,  ovmers  of  certain  mill-dams  released  from  con- 
structing fishways,         .......  633 

Taunton  Branch  Railroad  Company,  may  sell  road,        .  .  .  497 

Tax,  State,  of  $2,250,000,  assessed,  .....  884 

Taxation  of  Bank  Shares,  taxes,  how  assessed  and  paid,  duties  of 

assessors,  cashiers  and  tax  commissioner,  etc.,  .  .  .  816 

Taxation  of  Estates,  assessment,  when  omitted  in  annual  taxation,    .  702 
"        of  Incomes,  excess  of  two  thousand  dollars  only  to  be 

taxed, 878 

Taxation  of  Insurance  Companies,  relating  to,    .  .  .  .  562 

Taxes,  Assessors  of,  compensation  increased,        ....  589 

"   overpaid  by  certain  insurance  agents,  reimbursement,  .  .  920 

"   unpaid,  towns  and  cities  may  charge  interest  on,  .  .  631 

Taxes,  for  the  several  coivnties,  granted,  .....  921 

Teachers'  Institutes,  amount  they  may  receive  from  state,        .  .  735 

Technology,  Massachusetts  Institute,  granted  land  in  Boston,  .  597 

Telegraph  Companies,  certain,  dissolved,  ....  842 

Tenement  House,  term  defined,       ......  864 

Testimonials  to  certain  persons  in  U.  S.  Navy  during  the  rebellion,     .  919 

Text-books,  for  pupils  of  public  schools,  towns  may  furnish,     .  .  544 

Thayer  Academy,  town  of  Braintree  may  raise  funds  for,  .  .  511 

Tilton,   Warren,   trustee  under  will  of  Ebenezer   Crafts,  deed    by 

legalized, 920 

Tow-Boat  Company,  Boston,  incorporated,  ....  501 

Town  of  Brighton,  and  city  of  Boston  may  unite,  .  .  747,  902 

"     Brookline  and  city  of  Boston,  may  unite,  .  .  729,  902 

"     West  Roxbury,  and  city  of  Boston,  may  unite,  .  810,  902 

"     Winchester,  part  annexed  to  Woburn,   ....  709 

Towns,  assessors  of,  duties  in  taxation  of  bank  shares,  .  .  .  816 

"  "  to  make  returns  concerning  steam-boilers  to  tax 

commissioner,      ........  825 

Towns,  clerks  of,  fees  for  registry  and  return  of  biiths  and  deaths,     570,  867 
73 


XXXIV 


Index. 


Page 
598 
685 
539 
631 
544 
608 


Towns,  management  of  lock-ups  by,  .... 

may  contract  for  supply  of  water,  .  .  . 

may  abolish  school  district  system,  .  .  . 

may  charge  interest  on  unpaid  taxes, 
may  famish  pupils  in  public  schools  with  text-books, . 
may  establish  hospitals  for  temporary  relief  of  poor,     . 
may  make  provisions  concerning  truant  children  and  absen- 
tees from  school,  .....  688,  708 

may  take  leases  of  ponds  for  CTiltivation  of  useful  fish,  .        609 

may  appropriate  money  for  expenses  of  free  libraries,  .  .        757 

may  ajipropriate  money  for  monuments  at  graves  of  soldiers 

and  sailors,         .  .  .  .  .  .  .        863 

not  to  vote  on  sale  of  ale,  beer,  lager-bier  and  porter,  .        510 

support  of  paupers  by,  before  removal  to  place  of  settlement, 
compensation,      ........        622 

Treasurer  of  Bristol  County,  salary  established,  .  .  .        538 

Treasurer  and  Keceiver-General  may  borrow  money  in  anticipation 

of  revenue,  ........        918 

Treasurer  and  Receiver-General  may  borrow  money  for  building  of 

new  state  prison  and  lunatic  hospital,  .  .  .  587,  637 

Treasurer  and  Keceiver-General  to  invest  compensation  funds  for 

harbors,    .  '        .  .  .  .  .  .  .  .        876 

Tremont  Market  Company,  in  Boston,  incorporated,      .  .  .        526 

Trespass,  by  defacement  of  fences  and  natural  scenery  with  advertise- 
ments,.penalty,  ........        875 

Trial  Justices  of  juvenile  offenders  in  Suffolk  County  to  have  juris- 
diction in  matters  relating  to  insane  persons,  .  .  .        706 
Troy  and  Greenfield  Railroad  and  Hoosac  Tunnel,  completion  of,        .        869 
Truant  Children,  provisions  concerning,   ....  688,  708 

Trust  and  Banking  Company,  Chapiu,  of  Springfield,  incorporated,    .        710 

"  "  "  Fall  River,  incorporated,  .  .        870 

"  "  "  Springfield,  incorporated,  .  .        902 

Trustees,  irregularly  appointed;  accountability,  payments  may  be 

confirmed,  S.  J.  Court  may  decree  as  to  rights  of  parties 

interested,        .......        684 

"  may  execute  mortgages  containing  power  of  sale,       .  .        708 

"  under  wills,  bonds  of,        .....  .        551 

"  of  Delta  Psi  Society  of  Williams  College,  incorporated,  .        592 

"  of  Lenox  Academy  may  sell  real  estate,  .  .  .        543 

"  ofMethodist  Episco])al  Church  in  Winchendon,  incorporated,        737 

"  of  Sigma  Phi  Society  of  WiUiams  College,  incorporated,       .        558 

"  of  Smith  Charities,  act  incorporating  amended,  .  .        506 

"  of  State  Industrial  School,  number  increased  from  advisory 

board,       .........        593 

Tunnel,  Hoosac,  appropriation  for  completion  of,  .  .  .        869 

"  "  "  "    expenses  of  engineering,      .  .        919 

"  "         certificates  of  indebtedness  to  contractors,  release  of 

mortgage  on  tools,  .  .  .  ...  .  ■        928 


Index. 


XXXV 


Turner's  Falls  Land  and  Improvement  Company,  charter  amended,   . 
Twisden,  Ebenezer  S.,  may  extend  "wharves  in  Marblehead, 
Tyngshorough,  highway  and  bridge  in,  time  for  construction, 
Tyngsborough  and  Brookline  Railroad,  time  for  location  and  con- 
struction, .  . 


Page 
525 
512 

542 

535 


u. 

Undertakers,  fees  of  for  making  returns  of  deaths,         .            .            .  618 

Uniforms  to  be  worn  by  officers  of  state  prison,  ....  608 

Union  Freight  Railroad  Company,  shall  receive  and  deliver  passen- 
ger cars  at  connections,             .            .            .            .            .            •  636 

Union  Hall  Association,  may  increase  capital,     ....  521 

Union  Passenger  Station  at  Worcester,  and  removal  of  certain  tracks, 

time  extended,    .            .            .            .            .            .            .            .  503 

Union  Wharf  Company,  may  extend  wharf  in  Vineyard  Haven,          .  545 

United  States,  j  urisdiction  ceded  to,  over  land  required  for  post-offices,  510 
"        "       may  purchase  land  in  Boston  for  sub-treasury  and  post- 
office,          .            .            .            .            .            .            .605 

"        "       Navy,  testimonials  to  certain- persons  in,             .            .  919 

Universal  Exposition  at  Vienna,  agents  to,  appropriations,      .           .  919 


V. 

Vessels  in  coasting  trade,  exempted  from  compulsory  pilotage,  .  710 

Veto  Power  of  mayors  of  cities,  over  expenditures  of  money,    .  .  560 

Vienna  Exposition,  appointment  of  agents  to,  appropriations,  .  919 

Visiting  Agent,  board  of  charities,  salary  established,    .  .  .  912 

Vose,  Robert,  Jr.,  acts  as  coroner  confirmed,        ....  747 


w. 

Wakefield,  town  of,  may  pay  bounties  to  soldiers  or  their  heirs,          .  702 
Wamesit  Power  Company,  may  contract  with  other  corporations  for 

mutual  insurance,           .......  548 

Ware  River  Railroad,  purchasers  may  organize  corporation,    .            .  626 

Warehouses,  Public,  additional  provisions  respecting,    .            .            .  620 

Watchmen  at  state  house,  salaries  established,    ....  909 

Water,  supply  for  cities  and  towns,  contracts  authorized,         .            .  685 

Water,  supply  for  city  of  Springfield,  additional,            .            .            .  526 

"      supply  for  town  of  Arlington,         .....  640 

"            "                "          Lexington, 702 

"           "               "         Natick, 528 

"  "  "         South  Adams,  .  .  ...  .611 

"           "               "          South  Hadley  Falls,  town  may  issue  bonds,  548 

"            "                "          West  Stockbridge,       ....  602 

"            "                "          Westborough, 532 

"            "                "          Westfield,         .            .            .            .            .  826 

"           "               "         Winchester,  additional  act,  .           .           .  707 


XXXVl 


Index. 


Page 

Water,  supply  for  town  of  Woburn,  additional  act,         .            .            .  590 

"            "      for  village  of  Attleborough,           ....  698 

Water  Company,  Arlington  Lake,  purchase  by  town  confirmed,          .  640 

"            "           East  Mountain,  in  West  Stockbridge,  incorporated,  602 
"            "           Lexington,  established,  town  may  hold  stock  or 

purchase  franchise,     .....  702 

Water  Power  Company,  Holyoke,  may  make  and  sell  gas,        .            .  517 
"            "            "                  "        provisions  respecting  canals,            .  582 
"            "            "          Wamesit,  may  contract  with  other  corpora- 
tions for  mutual  insurance,       ......  548 

Weed,  Otis  H.,  deed  to  by  executors  under  will  of  Ebenezer  Crafts, 

legalized,  .........  920 

Wellesley  College,  name  established,         .....  519 

West  Amesbury  Branch  Eailroad  Company,  union  with  New  Hamp- 
shire Company,  ........  485 

West  Boylston,  town  of,  allowance  for  support  of  pauper,         .            .  922 
West  Koxbury,  town  of,  and  city  of  Boston  may  unite,              .            810,  902 

West  Stockbridge,  town  of,  supply  of  water  for, ....  602 

West  Tisbury  Parish,  sale  of  parsonage  property,  act  of  1852  reiiealed,  518 

Westborough,  town  of,  supply  of  water  for,          ....  532 

Westfield,  town  of,  supply  of  water  for,     .            .            .            .            .  826 

Wharf  in  Boston,  Old  Colony  Railroad  Company  may  extend,              .  604 

"         Dartmouth,  James  Ritchie  and  others  may  build,      .            .  542 

"         Fall  River,  American  Print  Works  may  enlarge,        .            .  502 

"                  "           Barnabas  Clark  may  extend,          .            .            .  520 
"                  "           Charles   P.  Stickney  and  Joseph  A.  Bowen  may 

extend,       ......  738 

"                  "            Cook  Borden  may  build,    ....  544 

"  "  Job  T.  Wilson  may  build,  .  .  .  .520 

"                  "           Leonard  Brightman  may  build,    .            .            .  908 

"         Haverhill,  city  may  build,          .....  683 

"                  "         E.  T.  Ingalls  and  A.  R.  KimbaU  may  build,          .  552 

"                  "         Warren  Ordway  may  build,            .            .            .  545 

"         Ipswich,  E.  H.  and  M.  F.  Stanwood  may  build,          .            .  552 

"         Marblehead,  Benjamin  D.  Dixie  may  extend,             .            .  502 

"         Nahant,  town  may  build,           .....  556 

"         Newburyport,  Elbridge  G.  Kelley  may  extend,          .            .  555 

"                   "              Henry  M.  Cross  may  extend,    .            .            .  501 

"                   "              Moses  E.  Hale  may  build,         .            .            .  555 

"         Quincy,  John  F.  Dodge  and  others  may  build,           .            .  518 

"               "        Owen  Bearse  may  build,          ....  518 

"         Somerville,  Boston  and  Maine  Railroad  Company  may  build,  534 

"         Vineyard  Haven,  Union  Wharf  Company  may  extend,        .  545 

"                 "             "        William  Lewis  may  extend,           .            .  502 

Wharf  Companies,  certain,  dissolved,       .            .            .            .            .  842 

Wharf  Company,  Nickerson's,  estate  in  East  Boston,     .            .            .  519 

"            "          Old  Colony,  in  Boston,  incorporated,              .            .  647 

"            "          Union,  may  extend  wharf  in  Vineyard  Haven,        .  545 


Index.  xxxvii 

Page 
^V^la^ves  in  Marbleliead,  William  Humphrej-s  and  E.  S.  Twisden 

may  extend,        ........  512 

Widows,   waiver  of  provisions  made  for  them  in  wills,  time  for 

extended,             ........  519 

WilUams  College,  trustees  of  Delta  Psi  Society,  incorporated,             .  592 

"              "         trustees  of  Sigma  Phi  Society,  incorporated,            .  558 
Williamstown  and  Hancock  Eailroad  Company,  act  1869  conceiTung, 

amended, .........  540 

Wills,  bonds  of  Trustees  under,      ......  551 

"     waiver  of  provisions  by  Widows,  time  for  extended,      .            .  519 

Wilson,  Job  T.,  may  build  wharf  in  Fall  Kiver,  ....  520 

Winchester,  town  of,  supply  of  water  for,  additional  act,          .            .  707 

"                 "         part  annexed  to  Woburn,  ....  709 

Winthrop  Church  in  Holbrook,  enlargement  of,  .            .            .            .  592 

Winthrop  Railroad,  completion  and  equipment,  Town  may  hold  stock,  591 
Witnesses  may  be  summoned  to  testify  in  crimuial  cases  in  adjoining 

states,       .........  823 

Woburn,  town  of,  may  issue  additional  water  bonds,     .            .            .  534 
"              "         election  of  water  commissioners,        .            .            .  590 
"              "         part  of  Winchester  annexed  to,          .            .            .  709 
Wooden  Buildings  in  Boston  for  sanitary  purposes,  erection  author- 
ized,         .........  478 

Worcester,  city  of,  city  council  to  have  control  of  public  property,    .  601 

"               "       may  lay  out  public  park  and  maintain  reservoir,  .  609 

"               "       may  purchase  and  lease  laud  for  slaughter-houses,  709 
"               "       Union  Passenger  Station  in,  time  for  completion, 

etc.,  extended,          .....  503 

Worcester  Academy,  number  of  trustees,             ....  852 

"         County,  salary  of  Sheriff"  increased,    ....  537 

"         Mutual  File  Insurance  Company,  may  hold  real  estate,      .  536 
Worcester  and  Shrewsbury  Eailroad  Company,  may  locate  track  in 

Worcester,            ........  539 

Work-houses,  cells  in  for  solitary  confinement,  ventilation  and  bed- 
ding,           569 

Workingmen's    Savings    Bank    of    Florence,    incorporated,     name 

changed, 501,  636 

Wrentham,  town  of,  may  raise  money  by  tax  to  celebrate  two  hun- 
dredth anniversary,       .......  758 

z. 

Zoology,  Museum  of,  allowance  to,             .....  930