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

it '■}■ 




Library 

School of 

Law 



Received 



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'resMi fa^ ^ ^ ' [^- '^'^'^ 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. 
App roved 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 d