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ACTS 


BESOLVES 


PASSED    BY   THE 


(H^ttsnil  ^aurt  uf  ^assathusctts. 


IN    THE    YEAR 


18  74, 

TOGETHEK    WITH 

THE    CONSTITUTION,    THE    MESSAGES    OF    THE    GOVERNOR, 

LIST    OF    THE    CIVIL    GOVERNMENT,    CHANGES 

OF   NAMES   OF   PERSONS, 

Etc.,  Etc.,  Etc. 


PUBLISHED    BY   THE 

SECRETARY    OF  THE   COMMONWEALTH. 


BOSTON : 

WRIGHT    &    POTTER,    STATE    PRINTERS, 

Corner  of  Milk  and  Federal  Streets. 

1874. 


A  CONSTITUTION 


FORM  OF  GOVERNMEKT 


Commonbiealtfj  of  |Ha05acf)usetts, 


PKEAMBLE. 

The  end  of  the  institution,  maintenance  and  administra-  objects  of  goy- 
tion  of  government,  is  to  secure  the  existence  of  the  l)ody  ^^'^^'^  • 
politic,  to  protect  it,  and  to  furnish  the  individuals  who 
compose  it  with  the  power  of  enjoyinp;,  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  risrht  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  ^ow^fj'med' 
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,  tind  his  security  in  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  peaceabl}^  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 
posterity  ;  and  devoutly  imploring  bis  direction  in  so  inter- 
esting a  design,  do  agree  upon,  ordain  and  establish  tbe  fol- 
lowing Declaration  of  Rights  and  Frame  of  Government,  hb 
tbe  Constitution  or  the  Commonwealth  of  Massachu- 
setts. 


Equality  and 
natural  rights 
of  all  men. 


Right  and  duty 
of  public  relig- 
ious worship. 


Protection 
therein. 


Amendment, 
Art.  XI.,  Bub- 
Btituted  for  this. 


Legislature  em- 
powered to  com- 
pel provision  for 
public  worship; 


PART  THE  FIRST. 

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

Art.  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  stated  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,  liberty  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  piety,  religion  and 
morality ;  and  as  these  cannot  be  generally  diifused  through  a  com- 
munity, but  by  the  institution  of  the  public  worship  of  God,  and  of 
public  instructions  in  piety,  religion  and  morality ;  Therefore,  to  pro- 
mote their  hajipiness,  and  to  secure  the  good  order  and  preservation 
of  their  Government,  the  peoj^le  of  this  Commonwealth  have  a  right  to 
invest  their  legislature  with  power  to  authorize  and  require,  and  the 
legislature  shall,  from  time  to  time,  authorize  and  require  the  several 
towns,  parishes,  precincts,  and  other  bodies  politic,  or  religious  socie- 
ties, to  make  suitable  provision,  at  their  own  expense,  for  the  institu- 
tion of  the  public  worship  of  God,  and  for  the  support  and  mainte- 

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


COMMONWEALTH  OF  MASSACHUSETTS.  5 

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

And  the  people  of  this  Commonwealth  have  also  a  right  to,  and  do,  f°^^^i*^g°J£r|l" 
invest  their  legislature  with  authority  to  enjoin  upon  all  the  subjects  on. 
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 
cincts,  and  other  bodies  politic,  or  religious  societies,  shall  at  all  times,  ?fug't^^!j°fer3^°' 
have  the  exclusive  right  of  electing  their  public  teachers,  and  of  con-  secured, 
tracting  with  them  for  their  support  and  maintenance. 

And  all  moneys,  paid  by  the  subject,  to  the  support  of  jxiblic  worship,  Option  as  to 
and  of  the  pul^lic  teachers  aforesaid,  shall,  if  he  require  it,  be  uniformly  ^^lf^^l°^^'^^ 
applied  to  the  support  of  the  public  teacher  or  teachers  of  his  own  re-  paid,  unless,  &c. 
ligious  sect  or  denomination,  provided  there  be  any  on  whose  instnic- 
tions  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-  tjons  cq™!?^ 
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  Bubordination 
or  denomination  to  another  shall  ever  be  established  by  law.]  ano*thc/pro- 

hibited. 

IV.  The  people  of  this  Commonwealth  have  the  sole  and  Right  of  self- 
exclusive  right  of  governing  themselves  as  a  free,  sovereign  fecu™"^" 
and  independent  State  ;  and  do,  and  forever  hereafter  shall, 
exercise  and  enjoy  every  power,  jurisdiction  and  right, 

which  is  not,  or  may  not  hereafter,  be  by  them  expressly 
delegated  to  the  United  States  of  America,  in  Congress 
assembled. 

V.  All  iDower  residing  oris^inally  in  the  people,  and  Accountability 

,     .  1      •        1  r  .(.1  xi  1  •   4.      4.  T      jn     ofallofficers.&c 

being  derived  irom  them,  the  several  magistrates  and  oln- 
cers  of  government,  vested  with  authority,  whether  legis 
lative,  executive  or  judicial,  are  their  substitutes  and  agents 
and  are  at  all  times  accountable  to  them. 

VI.  No  man,  nor  corporation  or  association  of  men,  have  services  ren. 
any  other  title  to  obtain  advantages,  or  particular  and  ex-  putfiic tTeing the 
elusive  privileges,  distinct  from  those  of  the  community,  pJcuiVarprivi- 
than  what  arises  from  the  consideration  of  services  ren-  Jcgcs,  hercdi- 

,     ,  .        .  ,  ts'T  omccs  are 

dered  to  the  public  ;  and  this  title  being  in  nature  neither  absurd  aud  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  good  ;  objects  of  gov. 

-.         ,  •  n  11'  t'     1        crnment;  right 

tor  the  protection,  safety,  prosperity  and  happiness  of  the  ?f  people  to 
people  ;  and  not  for  the  profit,  honor  or  private  interest  of  change  it. 
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. 


6 


CONSTITUTION  OF  THE 


All,  having  the 
Qu^ilifications 
prescribed, 
equally  eligible 
to  offices. 


Right  of  protec- 
tion and  duty  of 
contribution 
correlative. 


ed  on  consent. 


Eight  of  people       YIIl.    Ill  orcler  to  prevent  those  who  are  vested  with 

to  secure  rota-  i\        •,      n  ^  • 

tiou  in  office,  authority  irom  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. 

Taxation  found-  whcu  iieccssaiy  :  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  I'cpre- 
sentative  body  of  the  people.  In  fine,  the  people  of  this 
Commonwealth  arc  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  ofience  until  the  same  is  fully  and  plainl}^  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  focc  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. 


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


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


Prosecutions 
regulated. 


COi^BlONWEALTH  OF  IMASSACHUSETTS.  7 

'  And  the  legislature  shall  uot  make  any  law  that  shall  ?^=^\*°g|.[j^?„\^ 
subject  auj'  person  to  a  capital  or  infamous  punishment,  cases,  except, 
excepting  for  the  government  of  the  army  and  navy,  with- 
out trial  by  jury. 

Xni,    In  criminal  prosecutions,  the  verification  of  facts,  crimes  to  be 
in  the  vicinity  where  they  happen,  is  one  of  the  greatest  vicinity. 
securities  of  the  life,  liberty  and  property  of  the  citizen. 

XIV.  Every  subject  has  a  right  to  he  secure  from  all  anfsefzurlre'J 
unreasonable  searches  and   seizures    of    his   person,   his  iiiated. 
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 
affirmation,  and  if  the  order  in  the  warrant  to  a  civil  officer, 

to  make  search  in  suspected  places,  or  to  arrest  one  or 
more  suspected  persons,  or  to  seize  their  property,  be  not 
accompanied  with  a  special  designation  of  the  persons  or 
objects  of  search,  arrest  or  seizure  :  and  no  warrant  ought 
to  be  issued  but  in  cases,  and  with  the  formalities,  pre- 
scribed by  the  laws. 

XV.  In  all  controversies  concerning  property,  and  in  Right  to  trial  by 
all  suits  between  two  or  more  persons,  except  in  cases  iepl&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'  wa2:es,  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. 

XVn.     The  people  have  a  right  to  keep  and  to  bear  Right  to  keep 

n        ,1  TO  *       1  •      \'  f  'iQ'!  hear  arms. 

arms  tor  the  common  deience.     And  as,  in  tmie  ot  peace,  standing  armies 
armies  are  dangerous  to  liberty,  they  ought   not  to  be  <^^°g"°"^- 
miiintained  without  the  consent  of  the  legislature;   and  Military  power 
the  military  power  shall  always  be  held  in  an  exact  sub-  dvi?.'^ 
ordination  to  the  civil  authority,  and  be  governed  by  it. 

XVin.  A  frequent  recurrence  to  the  fundamental  ^oM^fo'^^'office.^ 
principles  of  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  ofiicers 
and  representatives  :  and  they  have  a  right  to  require  of  ^onfof'I'Jt 
their  lawgivers  and  magistrates,  an  exact  and  constant  ob-  |ja!i[s,raies. 


8  CONSTITUTION  OF  THE 

servance  of  them,  in  the  formation  and  execution  of  the 
laws  necessary  for  the  good  administration  of  the  Com- 
monwealth. 
tofnstrucTrT'!'       XIX.     The   pcoplc   havc   a  right,  in  an  orderly  and 
resentatives  and  peaccable  manner,  to  assemble  to  consult  upon  the  com- 
pe^ition  egis  a-   ^^^  good ;  givc  iustructious  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. 
Power  to  BUS-        XX.     The  powcr  of  suspending  the  laws,  or  the  execu- 
their  execution,  tiou  of  the  laws,  ought  ucvcr  to  be  exercised  but  by  the 
legislature,  or  by  authority  derived  from  it,  to  be  exercised 
in  such  iDarticular  cases  only  as  the  legislature  shall  ex- 
pressly provide  for. 
Freedom  of  de-      XXI.     The  frccdom  of  deliberation,  speech  and  debate, 

bsitc    &c     cHid. 

reason  thereof,  iu  either  liousc  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. 

Frequent  ees-        XXII.     The  lesfislature  ought  frequently  to  assemble 

siona,  and  ob-       /.,  t  />~.  ^  ■'.'^ 

jecta  thereof,  tor  the  rcdrcss  ot  crievauces,  tor  correctmg,  strenarthen- 
ing  and  confirming  the  laws,  and  for  making  new  laws,  as 
the  common  good  may  require. 

Taxation  found.  XXIII.  No  subsidy,  cliargc,  tax,  impost  or  duties 
ought  to  be  establislied,  fixed,  laid  or  levied,  under  any 
pretext  whatsoever,  without  the  consent  of  the  people,  or 
their  representatives  in  the  legislature. 

Ex  post  facto        XXIV.     Laws  made  to  punish  for  actions  done  before 

awspro  1  ite  .  ^j^^  existcucc  of  sucli  laws,  aud  which  have  not  been  de- 
clared crimes  by  preceding  laws,  are  unjust,  oppressive 
and  inconsistent  with  the  fundamental  principles  of  a  free 
government. 

Legislature  not       XXV.     No  subjcct  ought,  iu  any  case,  or  in  any  time, 

treason,  &c.  to  be  declared  guilty  of  treason  or  felony  by  the  legisla- 
ture. 

Excessive  bail        XXVI.     No  magistrate  or  court  of  law  shall  demand 

or  fines,  and  •         i      -i  j_-  •  •         j2  •    X3*    i. 

cruel  punish,     cxccssivc  bail  or  surctics,  impose  excessive  lines,  or  mnict 
hiwted.^'"'       cruel  or  unusual  punishments. 

No  soldier  to  be      XXVII.     Ill  time  of  pcacc,  no   soldier   ought  to  be 

houLe"ulikss,"^  quartered  in  any  house  without  the  consent  of  the  owner ; 

and  iu  time  of  war,  such  quarters  ought  not  to  be  made 

but  by  the  civil  magistrate,  in  a  manner  ordained  by  the 

legislature. 

Citizens  exempt      XXVIII.     No  pci'sou  cau  ill  auy  case  be  subjected  to 

t[ai?uniM8™&c.  law-martial,  or  to  any  penalties  or  pains,  by  virtue  of  that 


&c. 


COiMIMON WEALTH  OF  MASSACHUSETTS.  9 

law,  except  those  employed  in  the  army  or  navy,  and 
except  the  militia  in  actual  sei'vice,  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-  ?ourt!  ^'^ 
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-  Tenure  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 
long  as  they  behave  themselves  well,  and  that  they  should 
have  honorable  salaries   ascertained   and   established  by  Salaries. 
standing  laws. 

XXX.  In  the  government  of  this  Commonwealth,  the  separation  of 
legislative  department  shall  never  exercise  the  executive  didai  and  legis- 
and  judicial  powers,  or  either  of  them  :  the  executive  shall  mems!^^^^''" 
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. 


PAET    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  Commonwealth  of  IMassachusetts. 


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  Eepresentatives ;  p''"™®"'" 
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 

oaibs. 


The  legislative  body  [shall  assemble  every  year  on  the 
last  Wednesday  in  JMay,  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  Geneeal  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  oljjections,  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  delaj's,  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,  ofiences,  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  Avhich 
courts  and  judicatories  are  hereby  given  and  granted  full 


COMMONWEALTH  OF  MASSACHUSETTS.  H 

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

IV.     And  farther,  full  power  and  authoring  are  hereljy  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,  either  with  penalties  or  without,  so 
as  the  same  be  not  repugnant  or  contrary  to  this  constitu-  notrepugnaritto 
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  annually,  or  provide  by  fixed  laws,  for  the  may  provide  foi 
naming  and  settling,  all  civil  officers  within  the  said  Com-  appoinuneut'of 
monwealth,  the  election  and  constitution  of  whom  are  not  °^'="'*'' 
hereafter  in  this  form  of  government  otherwise  provided 
for;  and  to  set  forth  the  several  duties,  powers  and  limits,  prescribe  their 
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  persons 
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  clis-  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,  accorcliug  to  such  acts  as  are  or 
shall  be  in  force  within  the  same. 

And  while  the  public  charges  of  government,  or  any  valuation  of  eo- 
part  thereof,  shall  be  assessed  on  polls  and  estates,  in  the  y'^earsrafiiaslr 
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  years  at  least,  and  as  much  ofteuer  as 
the  general  court  shall  order. 


12 


CONSTITUTION  OF  THE 


CHAPTER    I. 
Section  II. 


Senate,  number 
of,  and  by  wbom 
elected. 

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


Counties  to  be 
districts,  until, 
&c. 

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


Manner  and 
timeof  cboosing 
senators  and 
councillors. 

See  amend- 
ments, Arts. 

n.,  X.,  XIV. 

and  XV. 


See  amend- 
ments,Arts.in. 

XX.,  xxni. 

and  XXIV. 


Word  "  inhabi- 
tant" defined. 


Senate. 

[Art.  I.  There  shall  be  annually  elected,  by  the  freeholdei's  and 
other  inhabitants  of  thisConinionwealth, qualified  as  in  this  eonstitution 
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  wliich  the  Commonwealth  may,  from  time  to  time,  he  divided  by 
the  general  court  for  that  purpose  :  and  the  general  court,  in  assigning 
the  numbers  to  be  elected  by  the  respective  districts,  shall  govern 
themselves  by  the  proportion  of  the  public  taxes  paid  by  the  said  dis- 
tricts ;  and  timely  made  known,  to  the  inhabitants  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.] 

II.  The  Senate  shall  be  the  first  branch  of  the  legisla- 
ture ;  [and  the  senators  shall  be  chosen  in  the  folloAving 
manner,  viz.  :  there  shall  be  a  meeting  on  the  first  Mon- 
day in  April,  annually,  forever,  of  the  inhabitants  of  each 
town  in  the  several  counties  of  this  Commonvrealth,  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  rio-ht  to  ffive  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  ofiice  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  impartially,  and  shall  receive  the  votes  of  all  the  meetmgs.  °^^ 
inhabitants  of  such  towns,  present  and  qualified  to  vote  for 
senators,  and  shall  sort  and  count  them  in  open  town  meet- 
ing, and  in  presence  of  the  town  clerk,  who  shall  make  a 
fair  record,  in  presence  of  the  selectmen,  and   in   open  Return  of  votes. 
town  meeting,  of  the  name  of  every  person  voted  for,  and 
of  the  number  of  votes  against  his  name ;  and  a  faiv  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  see  amend- 
superscription   expressing   the    purport   of    the   contents  '^*'''*^'  ^"'  °' 
thereof,  and  delivered  by  the  town  clerk  of  such  towns,  to  Amendments, 
the  sheriff  of  the  county  in  which  such  town  lies,  thirty  ^^•■^• 
days  at  least  before  [the  last  Wednesday  in  May,  annu- 
ally, or  it  shall  be  delivered  into  the  secretary's  office 
seventeen  days  at  least  before  the  said  last  Wednesday  in 
May  ;  and  the  sheriff  of  each  county  shall  deliver  all  such 
certificates,  by  him  received,   into  the  secretary's  office, 
seventeen  days  before  the  said  last  Wednesday  in  May.] 

And  the  inhabitants  of  plantations  unincorporated,  qual-  inhabitants  of 
ified  as  this  constitution  provides,  who  are  or  shall  be  piantations.who 
empowered  and  required  to  assess  taxes  upon  themselves  may  voU!  *'*'"'*' 
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  Bef  amend. 
Monday  in  April,]  at  such  place  in  the  plantations,  re- "^ents,  Art.  x. 
speetively,  as  the  assessors  thereof  shall   dh-ect;    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  o#  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  May,]  annually,  the  gov-  Zneindcount 
eruor,  with  five  of  the  council,  for  the  time  being,  shall,  g^o^nles!''"'' 
as  soon  as  may  be,  examine  the  returned  copics'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.,  XIV.  and 
XXIV. 

Vacancies,  how 
filled. 


Qualifications  of 
a  senator. 
See  amend- 
ments, Arts. 
Xm.andXXTT. 


Senate  not  to  ad- 
journ more  tliau 
two  days. 


records  ;  and  fourteen  days  before  the  said  day,  he  shall 
issue  his  summons  to  such  persons  as  shall  appear  to  be 
chosen  l)y  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  l)y  the  president  and  five  of  the  council  of  the 
former  conslitution  of  government ;  and  the  said  president 
shall,  in  like  manner,  issue  his  summons  to  the  persons  so 
elected,  that  they  may  take  their  seats  as  aforesaid.] 

IV.  The  senate  shall  be  the  final  judge  of  the  elections, 
returns  and  qualifications  of  their  own  meml)crs,  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  he  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  nunil)cr  of  votes  in  such  district, 
and  not  elected,  amounting  to  twice  the  number  of  sen- 
ators wanting,  if  there  be  so  many  voted  for ;  and  out  of 
these,  shall  elect  by  ballot  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,  wdthin  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  amoui^  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 

VII.  The  senate  shall  choose  its  own  president,  appoint  shaii  choose  its 

..  ,-.-,  ttj  •  'i  1  n  1      ofliccrs  and  es- 

its  own  omcers,  and  determnie  its  own  rules  ot  proceed-  tabush  ua  rules. 
ings. 

VIII.  The  senate  shall  be  a  court  w^ith  full  authority  eiiaii  try  aiiim- 
to   hear  and  determine  all  impeachments  made   by   the 

house  of  representatives,  against  any  officer  or  officers  of 

the  Commonwealth,  for  misconduct  and  mal-administration 

in  their  offices  :  but,  previous  to  the  trial  of  every  impeach-  0=^^^- 

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  profit,  under  tliis  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  Quorum, 
constitute  a  quorum  for  doing  business. 


CHAPTER    I. 
Section  III. 

House  of  Rejjresentatives. 

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

[II.    Aud  in  order  to  provide  for  a  representation  of  the  citizens  of  Rcpresenta. 
this  CommonAvealtli,  founded  upon  the  principle  of  equality,  every  cor-  chof eu^  ^''°'° 
porate  town,  containing  one  hundred  and  filty  ratable  polls,  may  elect 
one  representative ;  every  corporate  town  containing  three  hundred 
and  seventj'-five  ratal^le  polls,  may  elect  two  representatives ;  every  See  amend- 
corporate  town,  containing  six  hundred  ratable  polls,  may  elect  three  n3cnts,  Arts. 
representatives ;  and  proceeding  in  that  manner,  making  two  hundred  ™xxt.^' 
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  ratalils  polls,  may  elect  one  representative  ;  to^n^  having 
but  no  place  shall  hereafter  be  incorporated  with  the  privilege  of  ratobiTpons 
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  liawe  to 
time  to  time,  to  impose  fines  upon  such  towns  as  shall  neglect  ^"'^ '°  '='''°'  ^''• 
to  choose  and  return  members  to  the  same,  agreeably  to 
this  constitution. 


16 


CONSTITUTION  OF  THE 


Expense  of  trav- 
elling to  and 
from  the  general 
court,  how  paid. 


Qualifications  of 
a  representa- 
tive.    See 
amendments, 
Arts.  Xin., 
XIV.  and  XXI. 


Qualifications  of 
a  voter. 


See  amend- 
ments,Arts. ni., 
XX.  andXXin. 
Representa- 
tives, -when 
chosen. 
See  amend- 
ments, Arts.  X. 
and  XV. 
House  alone  can 
impeach. 


House  to  origi- 
nate all  money 
hills. 


Not  to  adjourn 
more  than  two 
days  at  a  time. 


Quorum. 
See  amend- 
ments. Art. 
XXI. 

House  to  judge 
of  returns,  &c., 
of  its  own  mem- 
bers; to  choose 
its  officers  and 
establish  its 
rules,  &c. 
May  punish  for 
certain  oflTences. 


The  expenses  of  travelling  to  the  general  assembly,  and 
returning  home,  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. 

III.  Every  member  of  the  house  of  representatives  shall 
be  chosen  by  written  votes  ;  [and,  for  one  year  at  least  next 
preceding  his  election,  shall  have  been  an  inhabitant  of,  and 
have  been  seised  in  his  own  right  of  a  freehold  of  the  value 
of  one  hundred  founds,  within  the  town  he  shall  be  chosen 
to  represent,  or  any  ratable  estate  to  the  value  of  two  hun- 
dred pounds  ;  and  he  shall  cease  to  represent  the  said  town, 
immediately  on  his  ceasing  to  be  qualified  as  aforesaid.] 

[IV.  Eveiy  male  person  being  twenty-one  years  of  age,  and  resi- 
dent in  any  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 
of  sixty  pounds,  shall  have  a  right  to  vote  in  the  choice  of  a  represen- 
tative or  representatives  for  the  said  town.] 

[V.  The  members  of  the  house  of  representatives  shall  be  chosen 
annually  in  the  month  of  May,  ten  days  at  least  before  the  last  Wed- 
nesday of  that  month.] 

VI.  The  house  of  representatives  shall  be  the  grand 
inquest  of  this  Commonwealth  ;  and  all  impeachments  made 
by  them  shall  be  heard  and  tried  by  the  senate. 

VII.  All  money  bills  shall  originate  in  the  house  of 
representatives  ;  but  the  senate  may  propose  or  concur 
with  amendments,  as  on  other  bills. 

VIII.  The  house  of  representatives  shall  have  power 
to  adjourn  themselves,  provided  such  adjournment  shall 
not  exceed  two  days  at  a  time. 

[IX.  Not  less  than  sixty  members  of  the  house  of  representatives 
shall  constitute  a  quorum  for  doing  business.] 

X.  The  house  of  representatives  shall  be  the  judge  of 
the  returns,  elections  and  qualifications  of  its  own  members, 
as  pointed  out  in  the  constitution ;  shall  choose  their  own 
speaker,  appoint  their  own  officers,  and  settle  the  rules  and 
orders  of  proceeding  in  their  own  house.  They  shall  have 
authority  to  punish  by  imprisonment,  every  person,  not  a 
member,  who  shall  be  guilty  of  disrespect  to  the  house,  by 
any  disorderly  or  contemptuous  behavior  in  its  presence  ; 
or  who,  in  the  town  where  the  general  court  is  sitting,  and 
during  the  time  of  its  sitting,  shall  threaten  harm  to  the 
body  or  estate  of  any  of  its  members,  for  anything  said  or 
done  in  the  house  ;  or  who  shall  assault  any  of  them  there- 


COMMONWEALTH  OF  MASSACHUSETTS.  17 

for;  or  who  shall  assault  or  arrest  any  witness,  or  other 
person,  ordered  to  attend  the  house,  in  his  way  in  going 
or  returning ;  or  who  shall  rescue  any  person  arrested  by 
the  order  of  the  house. 

And  no  member  of  the  house  of  representatives  shall  be  ^^^{,7^.^^  °^ 
arrested,  or  held  to  bail  on  mean  process,  during  his  going 
unto,  retnrn  from,  or  his  attending,  the  general  assembly. 

XI.     The  senate  shall  have  the  same  powers  in  the  lilvc  senate. 
cases  ;  and  the  governor  and  council  shall  have  the  same  Governor  and 
authority  to  punish  in  like  cases:  provided,  that  no  im- pu^s^.'^''^ 
prisonment,  on  the  warrant  or  order  of  the  governor,  conn-  General  limita- 
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  Triuimaybeby 

A  ,  .    .,  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    POWEE. 

Section  I: 

Governor. 

Akt.  I.     There  shall  be  a  supreme  executive  magistrate,  Governor. 
who  shall  be  styled — The  Goveknou  of  the  Common-  nistitie. 
WEALTH  OF  MASSACHUSETTS ;  and  whose  title  shall  be — 
His  Excellency. 

II.     The  governor  shall  be  chosen  annually  ;  and  no  per-  to  be  chosen 
son  shall  be  eligible  to  this  office,  unless,  at  the  time  of  his  ''""'"''"y- 
election,  he  shall  have  been  an  inhabitant  of  this  Common-  QuaUfications. 
wealth  for  seven  years  next  preceding  ;  and  unless  he  sliall , 
at  the  same  time,  be  seised,  in  his  own  right,  of  a  freehold, 
within  the  Commonwealth,  of  the  value  of  one  thonsand 
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,  havfa  mljority 
at  a  meeting  to  be  called  for  that  purpose,  on  the  first  Monday  of  April,  of  votes. 
3 


18  CONSTITUTION  OF  THE 

See  amend-         annually,  give  in  their  votes  for  a  governor,  to  the  selectmen,  who 
nicnts,  Aitsi.  11.,  sliall  j^resiclc  at  such  meetings ;  and  the  town  clerk,  in  the  i)resence 
X^xiv.  and      j^j^^j  with  the  assistance  of  the  selectmen,  shall,  in  oi^eu  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  sliall  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  office,  seventeen  days  at  least  l)et'ore  the  said 
last  Wednesday  in  INIay ;  or  the  selectmen  may  cause  returns  of  the 
same  to  be  made,  to  the  otiice  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 
How  chosen,       them  declared  and  published ;  but  if  no  person  shall  have  a  majoi'ity 
when  no  person  of  votes,  the  liousc  of  representatives  shall,  by  ballot,  elect  two  out  of 
majoii  y.    ^^^^^,  persons,  Avho  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  Avhich, 
the  senate  shall  proceed,  by  ballot,  to  elect  one  who  shall  be  declared 
governor.] 

Power  of  gov-        JY.     xliG  s^overuor  shall  have  authority,  from  time  to 

Gnior  tiucl  of 

govei'nor  and     tlmc,  at  liis  cliscrctiou,  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. 
May  adjourn  or       Y.     The  govcmor,  witli  advico  of  council,  shall  have 
|o°crarco\ir^t      fuU  powcr  aud  authority,  during  the  session  of  the  general 
amicoiwenfthe  court,  to  adjoum  or  prorogue  the  same  at  any  time  the 
s"e'e  amend-        ^^""  liouscs  shall  dcsirc  ;   [aud  to  dissolve  the  same  on  the 
mcnts,  An.  X.    elay  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  Avhicli  it  may  be 
adjourned  or  prorogued,  if  the  welfare  of  the  Common- 
wealth shall  require  the  same  ;  and  in  case  of  any  infectious 
distemper  prcvailiug  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  Avithin 
the  State. 

See  amend-  [And  the  governor  shall  dissolve  the  said  general  court  on  the  day 

ments,  Art.  X.    ^^^^  preceding  the  last  Wednesday  in  May.] 


COMMON^VEALTH  OF  MASSACHUSETTS.  19 

VI.  In  cases  of  clisaOTeement  between  the  two  houses,  Governor  and 

.,,  1  ,      ii  -i  T  J-  p      T  council  may  ad- 

with  regard  to  the  necessity,  expediency  or  time  oi  adjourn-  joum  the  geu- 
ment  or  prorogation,   the  governor,  with  advice  of  the  cases!&e.Hut 
council,  shall  have  a  right  to  adjourn  or  prorogue  the  gen-  nh^e^ty^dayl"^ 
oral  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  Z""""'''" 
navy,  and  of  all  the  militaiy  foi'ces  of  the  State,  hy  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  nav}' ; 
and,  for  the  special  defence  and  safety  of  the  Common- 
wealth, to  assemble  in  martial  array,  and  put  in  warlike 
posture  the  inhabitants  thereof,  and  to  lead  and  conduct 
them,  and  with  them,  to  encounter,  repel,  resist,  expel  and 
pursue,  by  force  of  arms,  as  Avell  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 ways,  enterprises  and  means  whatsoever,  all  and  every 
such  person  and  persons  as  shall,  at  any  time  hereafter,  in 
a  hostile  manner,  attempt  or  enterprise  the  destruction,  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  ways  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  laws  of  the  land,  and  not 
otherwise. 

Provided,  that  the  said  governor  shall  not,  at  any  time  Limitation, 
hereafter,  by  virtue  of  any  power  by  this  constitution 
granted,  or  hereafter  to  bo  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,  w^ithout  their  free  and  voluntary  consent,  or  the  con- 
sent of  the  general  court ;  except  so  lar  as  may  be  neces- 
sary to  march  or  transport  them  by  land  or  water,  for  the 


20 


CONSTITUTION  OF  TPIE 


Oovcrnor  and 
council  may  par- 
t.on  offences, 
except,  &c. 


But  not  before 
conviction. 


All  judicial  ofH- 
ccrs,  &c.,  how 
nominated  and 
appointed. 
See  amend- 
ments, Arts. 
XIV.,  XVII. 
and  XIX. 


Militia  officers, 
how  elected. 


See  amend- 
ments. Art.  V. 


How  commis. 
sioned. 


Election  of 
officers. 


Major-generals, 
how  appointed 
and  commis- 
sioned. 

Vacancies,  how 
tilled,  in  case, 
&c. 


OflScers  duly 
commissioned, 
how  removed. 
See  amend- 
ments, Art.  IV. 

Adjutants,  &c., 
how  appointed. 


Adjutant-gen- 
eral. 


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

VIII.  The  power  of  pardoning  offences,  except  such  as 
persons  may  l)e  convicted  of  before  the  senate,  by  an  im- 
peachment of  the  house,  shall  be  in  the  governor,  by  and 
Avith  the  advice  of  council ;  but  no  charter  or  pardon, 
granted  l)y  the  governor,  with  advice  of  the  council,  be- 
fore conviction,  shall  avail  the  party  pleading  the  same, 
notwithstanding  any  general  or  particular  expressions 
contained  therein,  descriptive  of  the  offence  or  offences 
intended  to  be  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  militia  shall  be 
elected  by  the  written  votes  of  the  train-band  and  alarm  list 
of  their  respective  companies,  [of  twenty-one  years  of  ago 
and  upwards  ;]  the  field  officers  of  regiments  shall  be  elected 
by  the  Avritteii  votes  of  the  captains  and  subalterns  of  their 
respective  regiments  ;  the  brigadiers  shall  be  elected,  in  liko 
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  l^y  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,  dul_y  commissioned  to  command  in  the  militia,  shall 
be  removed  i'rom  his  office,  but  l:)y  the  address  of  both  houses  to  (he 
jroveruor,  or  by  lair  trial  in  court-martial,  pursuant  to  the  laws  of  the 
Commonwealth  for  the  time  being.] 

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


COMMONWEALTH  OF  MASSACHUSETTS.  21 

The  efovernor  with  advice  of  council,  shall  appoint  all  Army  officers 

/Y»  '"•i  •  1  1  iji  L'    T         ±'         how  appointed. 

oincei's  ot  the  contniental  army,  whom  by  the  contetleratiou 
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  ^■g'^°'^'*^°°  °'" 
companies,  made  in  pursuance  of  the  militia  laws  now  in 
force,  shall  be  considered  as  the  proper  divisions  of  the 
militia  of  this  Commonwealth,  mitil   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  '^^p'-^'^- 
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-o^eneral,  all  PuWio  boards 

"*■  «/    o  -^  and  certain  oin- 

superintending  officers  of  public  magazines  and  stores,  be-  ceratomake 
longing  to  this  Commonwealth,  and  all  commanding  officers  uirns?"^  ^  ^'^' 
of  forts  and  garrisons  within  the  same,  shall,  once  in  every 
three  months,  officially  and  without  requisition,  and  at  other 
times,  when  required  by  the  governor,  deliver  to  him  an 
account  of  all  goods,  stores,  provisions,  ammunition,  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  quantit}^ 
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  laud  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  pul)lic  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,  1)y  a  dc])endence  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 

concerns — and  that  he  should  maintain  the  dignity  of  the 
Commonwealth  in  the  character  of  its  chief  magistrate — it 
is  necessar}^  that  ho  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. 
saiaries^of  jus-^      Pei'mancut  and  honorable  salaries  shall  also  be  estab- 
judiciai  court,     lishcd  by  law  for  the  justices  of  the  supreme  judicial  court. 
Salaries  to  be  j^^^(\  jf  {^  gj^aH  ]yQ  found  that  any  of  the  salaries  aforesaid, 

Buffioient.        •  SO  established,  are  insufficient,  they  shall,  from  time  to 
time,  be  culaiged,  as  the  general  court  shall  judge  proper. 


CHAPTER    II. 

Section  II. 

Lieutenant  -  Governor. 
LieuteTiant.2:ov.       Art.  I.     There  shall  be  annually  elected  a  licutenant- 

ernor;  his  title  c     ^         /~\  i   i  < •   -n  r  i  j^±.  i 

aiuiquaiifica-  govcmor  ot  the  Commouwcalth  oi  JMassacliusetts,  whose 
title  shall  be — His  Honor  ;  and  wdio  shall  be  qualified,  iu 
See  amend-  poiut  of  rellgiou,  property,  and  residence  in  the  Common- 
iii!!^VL)^x!'and  Wealth,  iu  the  same  manner  with  the. governor  ;  and  the  day 
^v-  and  manner  of  his  election,  and  the  qualifications  of  the 

electors,  shall  be  the  same  as  are  required  in  the  election  of 
How  chosen.  a  govcmor.  Tlio  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  hj  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  mnjority  of  the  votes  of  the  people  to  be  governor.] 
President  of  H.     The  govcmor,  and  in  his  absence  the  lieutenant- 

governor,  shall  be  president  of  the  council,  but  shall  have 
Lieutenant.gov-  no  votc  in  couucil ;  and  the  lieutenant-governor  shall  always 
of"exce^^&c,    be  a  member  of  the  council,  except  when  the  chair  of  the 

governor  shall  be  vacant. 

Lieutenant.gov.       HI.    Whcncvcr  thc  cliair  of  the  governor  shall  be  vacant, 

fng°go\°cruor!  in  by  rcasou  of  liis  dcath,  or  absence  from  the  Commonwealth, 

case,  Sic.  ^^  othcrwisc,  the  lieutenant-governor,  for  the  time  being, 

shall,  during  such  vacancy,  perform  all  thc  duties  incum- 


COMMONWEALTH  OF  IMASSACHUSETTS.  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-  coundi. 
ernor  in  the  executive  part  of  the  government,  to  consist  see  amend- 

/•i-.-i  I'liT  mcnts,  Art. 

or  [nniej  persons  besides  the  lieutenant-governor,  whom  x\n. 
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  tive  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. 

[U.    Nine  councillors  shall  be  annually  chosen  from  among  the  per-  Number;  from 
sons  retarned  for  councillors  and  senators,  on  the  last  Wednesday  in  whom,  and  how 
May,  by  the  joint  ballot  of  the  senators  and  ^presentatives  assembled  '^'^oi^'^- 
in  one  room  ;  and  in  case  there  shall  not  be  found,  upon  the  first  choice,  See  amend- 
the  whole  number  of  nine  persons  who  will  accept  a  seat  in  the  coun-  J^SJ^*'  'YxV^'' 
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  year.     The  seats  of  the  persons  thus  elected  Senators  becom- 
from  the  senate,  and  accepting  the  trust,  shall  be  vacated  in  the  senate.l  i"g  councillors, 

'  ■■■        o  '  -■   seats  vacated. 

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

_  [I  Y.  _  Xot  more  than  tn^o  councillors  shall  be  chosen  out  of  any  one  xo  district  to 
district  in  this  Commonwealth.]  i^a^e  more  than 

two. 

V.  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-  council  to  exer- 
governor  shall  be  vacant  by  reason  of  death,  absence,  or  of  goveruoir^ 
otherwise,  then  the  council,  or  the  major  part  of  them,  '^"®'''^'=- 
shall,  during  such  vacancy,  have  full  power  and  authority, 


24 


CONSTITUTION  OF  THE 


Elections  may 
be  adjourned 
until,  &c. 


Order  thereof. 

Amendments, 
Arts.  XVI.  and 
XXV. 


to  do  and  execute,  all  and  every  such  acts,  matters  and 
things,  as  the  governor  or  the  lieutenant-governor  might, 
or  could,  by  virtue  of  this  constitution,  do  or  execute,  if 
they,  or  either  of  them,  were  personally  present. 

[VII.  And  whereas  the  elections  appointed  to  be  made  by  this 
constitution  on  the  last  Wednesday  in  May  annually,  by  the  two 
houses  of  the  legislature,  may  not  be  completed  on  that  day,  the 
said  elections  may  be  adjourned  Irom  day  to  day,  until  the  same  shall 
be  completed.  And  the  order  of  elections  shall  be  as  Ibllows :  the 
vacancies  in  the  senate,  if  any,  shall  first  be  Idled  up  ;  the  governor 
and  lieutenant-governor  shall  then  be  elected,  provided  there  should 
be  no  choice  of  them  hj  the  people ;  and  afterwards  the  two  houses 
shall  proceed  to  the  election  of  the  council.] 


CHAPTER    II. 
Section  IV. 


8ecretar5',  &c. ; 
by  whom  and 
how  chosen. 
See  amend- 
ments, Arts.  rV. 
and  XVII.     , 

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


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


/Secretary,  Treasurer,  Commissar^/,  &c. 

Aet.  I.  [The  secretary,  treasurer  and  receiver-gen- 
eral, and  the  commissary-general,  notaries  pul)lic  and  naval 
otBcers,  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,  arc  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  oiEce  of  the  secretary,  Avho  may  appoint  his  deputies, 
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. 


JUDICIARY    POWER. 

Tenure  of  all  Art.  I.     The  tcuurc  that  all  commission  officers  shall 

ccrstobeex-      by  law  havc  in  their  offices  shall  be  expressed  in  their 

pressed. 


COMMONWEALTH  OF  MASSACHUSETTS.  25 

res.pective  commissions.      All  judicial  officers,   duly  ap-  Judicial  officers 
pointed,  commissioned  and  sworn,  shall  hold  their  offices  cuiri^ig  good° be. 
during  good  behavior,  excepting  such  concerning  whom  ^'J'°'''  ^'"'''p'' 
there  is  difi'erent  provision  made  in  this  constitution  :  pro-  May ibe  removed 
vided,   nevertheless,  the   governor,  with  consent  of  the  °" *'^<i'''^«- 
council,  may  remove  them  upon  the  address  of  both  houses 
of  the  leaislature. 

II.  Each  branch  of  the  legislature,  as  well  as  the  gov-  Justices  of  eu- 
crnor  and  council,  shall  have  authority  to  reqnire  the  court" ti^  give 
opinions  of  the  justices  of  the  supreme  judicial  court,  upon  requked.^''^^" 
important  questions  of  law,  and  upon  solemn  occasions. 

III.  In  order  that  the  people  may  not  suffer  from  the  Justices  of  the 

I  .  •  1  /•  •       A  •  i>    J.1  1        peace ;  tenure 

long  contmuance  m  place  oi  any  justice  ot  the  peace,  wiio  of  their  office. 
shall  fail  of  discharging  the  important  duties  of  his  office 
with  ability  or  fidelity,  all  c(mnnissions  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  coirtsf  p'"^^** 
place  or  places,  on  fixed  days,  as  the  convenience  of  the 

people  shall  require  ;  and  the  legislature  shall,  from  time 
to  time,  hereafter,  appoint  such  times  and  places ;  imtil 
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  Ijy  the  "qj^^^JJ''  ^^' 
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  congi'css  of  the  United  Delegates  to 
States  shall,"some  time  in  the  month  of  June,  annually,  be  elected  l)y  '=°"*'"''^'**- 
the  joint  b-allot  of  the  senate  and  house  of  representatives  assembled 
together  in  one  room  ;  to  serve  in  congress  for  one  year,  to  commence 
on  the  first  INIonday  in  November  then  next  ensuing.  They  shall 
have  commissions  under  the  hand  of  the  governor,  and  the  great  seal 
of  the  Commonwealth  ;  but  may  be  recalled  at  anytime  within  the 
year,  and  others  chosen  and  commissioned,  in  the  same  manner,  in 
their  stead.] 


26  CONSTITUTION  OF  THE 

CIIAPTEPv    V. 

the  univeksity  at  cambridge,  and  excouragement  of 
literature,  &c. 

Section  1. 

The   University. 

Harvard  Col-  Art.  I.    Wlicreas  our  wise  and  pious  ancestors,  so  early 

*^^'''  as  the  3'ear  one  tbonsaud  six  hundred  and  thirtj^-six,  laid 

the  foundation  of  Harvard  College,  in  which  university 
many  persons  of  great  eminence  have,  by  the  blessing  of 
God,  been  initiated  in  those  arts  and  sciences  which  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 
Powers,  privi-    of  this  aud  tlic  otlicr  United  States  of  America, — it  is 
piSkient'a"nd^^  dcclarcd,  that  the  President  and  Fellows  of  Harvard 
firmed!'*'""'       CoLLEGE,  iu  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, 
which  they  now  have,  or  are  entitled  to  have,  hold,  use 
exercise  and  enjoy  ;  and  the  same  are  hereby  ratified  and 
confirmed  unto  them,  the  said  president  and  fellows  of 
Harvard  College,  and  to  their  successors,  aud   to  their 
officers  and  servants,  respectively,  forever. 
Property  de-  II.     Aud  whcrcas  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,  either  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 
Gifts,  grants,      thc  Said  gifts,  grauts,  devises,  legacies  and  conveyances, 
confirmed'!^"''''^  are  hcrcby  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. 
Board  of  Over-        III.     And  wlicrcas  by  an  act  of  the  general  court  of  the 
iwicd' by  goner-  colouy  of  Massachusctts  Bti3%  passed  in  the  year  one  thou- 
ai  court  of  16.12.   gjjj-,^  gj^  liuudrcd  and  forty-two,  the  governor  and  deputy- 
governor,  for  the  time  being,  and  all  thc  magistrates  of  that 
jurisdiction,  were,  with  the  president,  and  a  number  of  the 


COMMONWEALTH  OF  MASSACHUSETTS.  27 

clei'ofy  in  the  said  act  described,  constituted  the  overseers, 
of  Hurvarcl  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-,  tution.  ^  '^"""^ 
are,  and  shall  be  deemed,  their  successors  ;  who,  with  the 
president  of  Harvard  College,  for  the  time  being,  together 
with  the  ministers  of  the  con":reo;atioual  churches  in  the 
towns  of  Cambridge,  Watertown,  Charlestown,  Boston, 
Eoxbury  and  Dorchester,  mentioned  in  the  said  act,  shall 
be,  and  hereby  are,  vested  with  all  the  powers  and  au- 
thority belonging,  or  in  anyway  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-  the"icgisia\ure.° 
mon wealth  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,  diiFused  gen-  Duty  of  lo^sia. 
erally  among  the  body  of  the  people,  being  necessary  for  {ra[es'\n*\iufu-* 
the  preservation  of  their  riijhts  and  liberties  ;  and  as  these  t"re  periods. 

TT  T  ,~  ..  -,  See  amend- 

depend  on  spreading  the  opportunities  and  advantages  of  ments,  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,  public  schools,  and  grammar  schools 
in  the  towns ;  to  encourage  private  societies  and  public 
institutions,  rewards  and  immunities,  for  the  promotion  of 
agriculture,  arts,  sciences,  commerce,  trades,  manufactures, 
and  a  natural  history  of  the  country  ;  to  countenance  and 
inculcate  the  principles  of  humanity  and  general  benevo- 
lence, public  and  private  charity,  industry  and  frugality, 
honesty  and  punctuality  in  their  dealings  ;  sincerity^  good 
humor,  and  all  social  affections,  and  generous  sentiments, 
among  the  people. 


28 


CONSTITUTION  OF  I'lIE 


CHAPTER    VI. 

OATHS  AXD  SUBSCPJPTIOXS  ;  IXCOMPATIBLLITY  OF  AXD  EX- 
CLUSION FROM  OFFICES  ;  PECUXIARY  QUALIFICATIONS  ; 
COM3IISSIOXS  ;  WRITS  ;  COXFIRMATIOX  OF  LAWS  ;  HABEAS 
CORPUS  ;  THE  EXACTIXO  STYLE  ;  COXTIXUANCE  OF  OF- 
FICERS ;  PROVISION  FOR  A  FUTURE  REVISAL  OF  THE 
CONSTITUTIOX,    &C. 


Declaration  of 
executive  and 
legislative  offi- 
cers. 

See  amend- 
ments, Art.  VU. 


Declaration  and 
oaths  of  all  offi- 
cers. 


See  amend- 
ments, Art.  VT. 


Akt.  I.  [Anj^  person  chosen  governor,  lieutenant-go A-ern or,  coun- 
cillor, senator  or  representative,  and  accepting  the  trust,  shall,  l.eibre 
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  thai,  I  am  seised  and  possessed,  in 
my  own  riglit,  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  ami  councillors,  shall  make 
and  subscribe  the  said  declaration,  in  the  jiresence  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 
declai'e,  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  wall  bear  true  faith  and  allegiance  to  tlie  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  ol^edience  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  afiirmation ; 
and  that  I  do  make  this  acknoAvledgment,  profession,  testimony,  dec- 
laration, denial,  renunciation  and  abjuration,  heartily  and  truly,  accord- 
ing to  the  common  meaning  and  acceptation  of  the  foregoing  words, 
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  ^g^J^^r^j'yj 
aforesaid,  shall  be  of  the  denomination  of  the  people  called  Quakers,  ^^"^  b,  r  . 
and  shall  decline  taking  the  said  oaths,  he  shall  make  his  affirmation 
in  the  foregoing  form,  and  subscribe  the  same,  omitting  the  woi'ds,  "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  Avords,  "  So  help  me,  God ;  "  subjoining  instead  thereof,  "This 
I  do  under  the  pains  and  penalties  of  perjuiy."] 

And  the  said  oaths  or  affirmations  shall  be  taken  and  maUoifs?how'' 
subscribed  by  the  governor,  lieutenant-governor  and  conn-  administered. 
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  oie- 
supreme  judicial  court,  shall  hold  any  other  office  or  place,  governor,  &c.,  ** 
under  the  authority  of  this  Commonwealth,  except  such  as  '^^''^^^' ^'^■ 
by  thig  constitution  thev  are  admitted  to  hold ,  saving  that  see  amend- 

.  .  merits    \vi 

the  judges  of  the  said  court  may  hold  the  offices  of  justices  vin. ' ' 
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,  sherifi",  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  sccamend- 
— commissary-general — president,  professor,  or  instructor  vm.^' 


30 


CONSTITUTION  OF  THE 


Same  subject. 


Bribery,  &c., 
operatca  dis- 
qualitication. 


Value  of  moBey 
ascertained. 
Property  quali- 
fications. 


See  aniend- 
me:ns,  Art. 
XIII. 


Provisions  re- 
.'ipccting  cora- 
luissions. 


Piovitiious  re- 
specting writs. 


Continuation  of 
fijrraer  laws,  ex- 
tept,  &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  tilled 
up. 

And  the  same  rule  shall  take  place  in  case  any  judge  of 
the  said  supreme  judicial  court,  or  jiidge  of  probate,  shall 
accept  a  scat  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  bo  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 w^io  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  privileo^e  and  benefit  of  the  writ  of  habeas  Benefit  of 

ID  11'iij.  habeas  corpus 

corpus  shall  be  enjoyed  m  this  Commonwealth,  m  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 
exceeding  twelve  months. 

VIII.  The  enacting  style,  in  making  and  passing  all  Jtjfe?"""''"^ 
acts,  statutes  and  laws,  shall  be — "Be  it  enacted  by  the 
Senate  and  House  of  Representatives,  in  General  Court 
assembled,  and  by  the  authority  of  the  same." 

[IX.     To  the  end  there  may  be  no  failure  of  justice,  or  danger  arise  Officers  of  for- 
to  the  Commonwealth,  from  a  change  of  the  form  of  government,  all  conUn^uTd'unUi* 
officers,  civil  and  militaiy,  holding  commissions  under  the  government  ^c. 
and  peoi^le  of  Massachusetts  Bay,  in  New  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  adhere  to  the  principles  of  the  Provision  for 
constitution,  and  to  correct  those  violations  which  by  any  means  may  [uJ/onl^'lmend- 
be  made  therein,  as  well  as  to  form  such  alterations  as  from  experience  ments*  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 
precepts  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  order  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  {juSinl Thi^ 
a  part  of  the  laws  of  the  land  ;  and  printed  copies  thereof  constitutior. 
shall  be  prefixed  to  the  book  containing  the  laws  of  this 
Commonwealth,  in  all  future  editions  of  the  said  laws. 


82 


CONSTITUTION  OF  THE 


Bill,  &c.,  not  ap. 
proved  within 
live  days,  not  to 


legislature  ad- 
journ in  the 
meantime. 


General  court 
empowered  to 
charter  cities. 


Proviso. 


ARTICLES    OF    AMENDMENT. 

Aet.  I.  If  any  bill  or  resolve  shall  be  objected  to,  and 
become  a  iaw,?f  Hot  appi'oved  b}^  the  governor ;  and  if  the  general  conrt 
shall  adjonrn  within  five  days  after  the  same  shall  have 
been  laid  before  the  governor  for  his  approbation,  and 
thereby  prevent  his  returning  it  with  his  olijections,  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- 
wealth, 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  expedient 
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 :  provided,  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  holdeu  for 
that  purpose ;  and  j^rovided,  also,  that  all  by-laws,  made 
by  such  municipal  or  city  government,  shall  be  subject,  at 
all  times,  to  bo  annulled  by  the  general  court. 

Art.  III.  Every  male  citizen  of  twenty-one  years  of 
age  and  upwards,  (excepting  paupers  and  persons  under 
guardianship,)  who  shall  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  l)een  assessed  upon  him,  in  any  town  or  district 
of  this  Commonwealth ;  and  also,  every  citizen  who  shall 
be  by  law  exempted  from  taxation,  and  who  shall  be  in  all 
other  respects  qualified  as  above  mentioned,  shall  have 
a  right  to  vote  in  such  election  of  governor^  lieutenant- 
governor,  senators  and  representatives  ;  and  no  other 
person  shall  be  entitled  to  vote  in  such  elections. 


Qualifications  of 
voters  for  go^c  r- 
nor,  lieutenant- 
governor,  sena- 
tors and  repre- 
sentatives.   11 
Pick.  53S. 
See  amend- 
ments. Arts. 

-\:x.,  xxin. 

and  XXVI. 


COMMONWEALTH  OF  MASSACHUSETTS.  33 

Art.  IV.    Notaries  public  shall  be  appointed  by  the  gov-  Notaries  public, 
ernor,  in  the  same  manner  as  judicial  officers  are  appointed,  anJreS'oved! 
and  shall  hold  their  offices  during  seven  years,  unless  sooner 
removed  by  the  governor,  with  the  consent  of  the  council, 
upon  the  address  of  both  houses  of  the  legislature. 

[In  case  the  office  of  secretary  or  treasurer  of  the  Commonwealth  Vacancies  in  the 
shall  become  vacant  from  any  cause,  chu'ing  the  recess  of  the  o:eneral  ofliccs  of  secrc- 
court,  the  governor,  with  the  advice  and  consent  of  the  council,  shall  mcT,"how'firied 
nominate  and  api:)oint,  under  such  regulations  as  may  be  prescribed  in  case,  &c. 
by  law,  a  competent  and  suitable  person  to  such  vacant  office,  who  n^'enfg'^^rt' 
shall  hold  the  same  until  a  successor  shall  be  appointed  by  the  general  xvii.' 
court.] 

Whenever  the  exiijencies  of  the  Commonwealth  shall  commissary- 
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  officers, 

I  1/.  ^flL'-  1  xii'ij.  ^ow  removed. 

be  removed  irom  office  m  such  manner  as  the  legislature 
ma}^  by  law,  prescribe. 

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

Art.  YI.     Instead  of  the  oath  of  allegiance  prescribed  oathtobetaben 
by  the  constitution,  the  folloM'iug  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  denomi-  Proviso:  Qua- 

,.  M     -I   /-^       ^  T      T     n     -1       -I.  T   .  .  -.  ker  may  affirm. 

nation  called  Quakers,  and  shall  declme  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.    No  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,  lieutosiant- 
governor,  councillors,  senators  or  representatives,  to  qualify 
them  to  perform  the  duties  of  their  respective  offices. 
5 


34  CONSTITUTION  OF  THE 

of Xef  ^""^       Art.  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 
K  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.] 

ronsmuTionf  ^  Art.  IX.  If,  at  any  time  hereafter,  any  specific  and  par- 
how  made.  ticuLir  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  poL'tical  year  shall  begin  on  the  first 
o  poitica  J  ear,  "^r^^ij^^gj^y  ^^  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  "Wednesday  of  May.  And  the  general  court  shall  be  and  termination. 
dissolved  on  the  day  next  preceding  the  first  Wednesda}^  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  govemior,  lieutenant-governor,  Meetings  for  tho 
senators  and  representatives,  shall  be  held  on  the  second  Monday  of  choice  of  govcr- 
November  in  eveiy  year ;  but  meetings  may  be  adjourned,  if  necessary,  govern  or' &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  amend- 
held  on  the  fourth  Monday  of  the  same  mouth  of  November.]  ment*,  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  officers  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,  vhen  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  offices  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  with  the  provisions  herein  contained,  are  hereby  wholly  Sd!°°' "°" 
annulled. 

^  Ar.T.  XI.     Instead  of  *the  third  article  of  the  bill  of  fo^^"^^?^** 
rights,  the  following  modification  and  amendment  thereof  ushed. 
is  substituted : — 


36 


CONSTITUTION  OF  THE 


Census  of  rata- 
ble polls  to  be 
taken  in  1837, 
and  decennially 
thereafter. 


Representa- 
tives, how  ap- 
portioned.    See 
amendments. 
Arts.  Xni.  and 
XXI. 

Towns  having 
less  than  300 
ratable  polls, 
how  represent- 
ed. 


Fractions,  how 
represented. 


Town  may  unite 
into  representa- 
tive districts. 


"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  relisfious  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  support,  to  raise  money  for 
erecting  and  repairing  houses  for  public  worship,  for  the 
maintenance  of  religious  instruction,  and  for  the  pa3'meut 
of  necessary  expenses ;  and  all  persons  belonging  to  any 
religious  society  shall  be  taken  and  held  to  be  members, 
until  they  shall  iile  Avith  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." 

[Art.  XII.  In  order  to  provide  for  a  representation  of  the  citizens 
of  this  Commonwealth,  founded  upon  the  principles  of  equality,  a 
census  of  the  ratable  polls  in  each  city,  town  and  district  of  the  Com- 
monwealth, 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  thirt3--seven,  and  in  Werj'-  tenth  year  thereafter,  in 
the  month  of  May,  in  manner  aforesaid  :  ancl  each  town  or  city  having 
three  hundred  ratable  polls  at  the  last  preceding  decennial  census  of 
polls,  may  elect  one  representative,  and  for  every  four  hundred  and  fifty 
ratable  polls,  in  addition  to  the  first  three  hundred,  one  representative 
more. 

Any  town  having  less  than  three  hundred  ratable  jiolls  shall  be  rep- 
resented thus  :  The  whole  number  of  ratable  polls,  at  the  last  preceding 
decennial  census  of  polls,  shall  be  multiplied  by  ten,  and  the  product 
divided  by  three  hundred ;  and  such  town  may  elect  one  representa- 
tive as  many  years  within  ten  years,  as  three  hundred  is  contained  in 
the  product  aforesaid. 

Any  city  or  town  having  ratable  polls  enough  to  elect  one  or  more 
representatives,  with  any  number  of  polls  beyond  the  necessary  num- 
ber, may  be  represented,  as  to  that  surplus  number,  by  multiplying 
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. 

Any  two  or  more  of  the  several  towns  and  districts  may,  by  consent 
of  a  majority  of  the  legal  voters  present  at  a  legal  meeting  in  each  of 
said  towns  and  districts,  respectively,  ojilled  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 

district,  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  i-atable  polls. 

The  governor  and  council  shall  ascertain  and  determine,  within  the  The  governor 
the  moHths  of  July  and  August,  in  the  year  of  our  Lord  one  thousand  d"unuh"e'the 
eight  hundred  and  thirty-seven,  according  to  the  foregoing  principles,  number  of  rep- 
the  numl:)er  of  representatives  which  each  city,  town  and  representa-  '''^"1'"^^''^^  ^'^, 
tive  district  is  entitled  to  elect,  and  the  number  of  years,  within  the  i^eutltled.^ 
period  of  ten  years  then  next  ensuing,  that  each  city,  town  and  repre- 
sentative district  may  elect  an  additional  representative ;  and  wliere  New  apportion- 
any  town  has  not  a  sufficient  number  of  polls  to  elect  a  representative  ment  to  be  made 

•',  . ,  1  ■  ,  •      .  1      ,  1    J.  once  in  every  ten 

each  year,  then,  how  many  years  withm  the  ten  years,  such  town  may  years. 

elect  a  representtitive  ;  and  the  same  shall  be  done  once  in  ten  years 
thereafter,  by  the  goveiuior  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  representative  district  is  ascertained  and 
determined  as  aforesaid,  the  governor  shall  cause  the  sarne  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.]  provisions  an- 

Akt.  XIII.     [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  secretary's  itants  to  be 
office,  on  or  before  the  last  day  of  June,  of  the  year  one  thousand  eight  a'Jia  decennially 
hundred  and  forty,  and  of  evezy  tenth  year  thereafter ;  which  census  thereafter,  for 
shall  determine  the  apportionment  of  senators  and  representatives  for  ge,iJat*ioir^'^^" 
the  term  of  ten  years.  See  amend- 

The  several  senatorial  districts  now  existing,  shall  be  permanent.  ™™Y'  ^^^ 
The  senate  shall  consist  of  forty  members  ;  and  in  the  year  one  thou-  senatorial  dis. 
sand  eight  hundred  and  forty,  and  every  tenth  jear  thereafter,  the  tricts declared 
governor  and  council  shall  assign  the  nmuber  of  senators  to  be  chosen  ^e™™^"^ 
■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,  xxii. 

The  members  of  the  house  of  representatives  shall  be  apportioned  House  of  rcpre- 
in  the  following  manner :  Every  town  or  city  containing  twelve  hun-  apportioned"^^ 
dred  inhabitants,  may  elect  one  representative  ;  and  two  thousand  four  See  amend- 
hundred  iuliabitants  shall  be  the  mean  increasing  number,  which  shall  ""^'s-  ^»'t- 
entitle  it  to  an  additional  representative. 

Eveiy  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  number  one  hundred  and  sixty  is  contained  in  the  number  of 
the  inhabitants  of  said  town.     Such  towns  may  also  elect  one  repre- 
sentative ibr  the  year  in  which  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  meetiug,'in  each  of  said  towns,  ge"jtati"4°d^^'^'' 
respectively,  called  for  that  purpose,  and  held  before  the  first  day  of  tdcts.'^*^ 
August,  in  the  year  one  thousand  eight  hundred  and  forty,  and  every 
tenth  year  thereaiter,  form  themselves  into  a  representative  district,  to 
continue  for  the  term  of  ten  years ;  and  such  districts  shall  have  all 
the  rights,  in  regard  to  representation,  which  would  belong  to  a  town 
containing  the  same  numlier  of  inhaliitants. 

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 


ratio  of  in- 
crease. 


town  or  city  to  elect  more  than  one,  and  also  the  number  by  which  the 
population  of  towns,  not  entitled  to  a  representative  every  j'ear,  is  to 
be  divided,  shall  be  increased,  respectively,  by  one-tenth  of  the  num- 
bers above  mentioned,  whenever  the  pojjulation  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  Seirtember,  apportion  the  numljer  of  representa- 
tives which  each  city,  town  and  representative  district  is  entitled  to 
elect,  and  ascertain  hoAV  many  years,  within  ten  years,  any  tOAvn  may 
elect  a  representative,  which  is  not  entitled  to  elect  one  every  j'car ; 
and  tlie  governor  shall  cause  the  same  to  be  published  forthwith. 

Nine  councillors  shall  be  annually  chosen  from  among  the  people 
at  large,  on  the  first  Wednesdaj'  of  January,  or  as  soon  thereafter  as 
may  be,  by  the  joint  ballot  of  the  senators  and  representatives,  as- 
sembled in  one  room,  who  shall,  as  soon  as  may  be,  in  like  manner, 
fill  uj)  any  A'acancies  that  may  happen  in  the  council,  by  death,  resig- 
nation or  otherwise.  No  ])erson  shall  be  elected  a  councillor  who  has 
not  ))cen  an  inhaljitant  of  this  Commonwealth  for  the  term  of  five  years 
immediately  preceding  his  election  ;  and  not  more  than  one  councillor 
shall  be  chosen  from  any  one  senatorial  district  in  the  Common- 
wealth.] 

Freehold  as  a         Kq  i)osscssioii  of  a  frccliolcl,  oi"  of  aDV  otliGr  estatc,  shall 

quMlificatiou  not   ,  ^   .        ,  i-^-       .•  /•         i      i  V-  j.   •  -^.i 

required.  he  roquircd  as  a  qiialitication  lor  liolding  a  seat  iii  eitner 

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

Ejections  by  die  Art.  XIV.  lu  all  clcctions  of  civil  officers  by  the  peo- 
piuraiityof  pie  of  this  Comniouwealth,  whose  election  is  provided  for 
^°'^*".  by  the  constitution,  the  person  having  the  highest  number 

of  votes  shall  be  deemed  and  declared  to  be  elected. 


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

Councillors  to 
be  chosen  from 
the  people  at 
large. 

See  amend- 
ments, \rt. 
XVI. 

Qualifications  of 
councillors. 


Time  of  annual 
election  of  gov- 
ernor and  legis- 
lature. 


Eight  council- 
lors to  be  chosen 
by  the  people. 

Legislature  to 
district  State. 


Aet.  XV.  The  meeting  for  the  choice  of  governor, 
lieutenant-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  clay,  a  second  meeting  shall  be  holden,  for 
that  purpose,  on  the  fourth  Monday  of  the  same  month  of 
November. 

Akt.  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 by  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  MASSACPIUSETTS.  39 

inhabitants  as  nearly  equal  as  practicable,  without  dividing 
any  town  or  ward  of  a  city,  and  each  entitled  to  elect  one 
councillor :  provided,  hoivever,  that  if,  at  any  time,  the 
constitution  shall  provide  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- 

.  lined 

No  petson  shall  be  eligible  to  the  office  of  councillor  who 
has  not  been  an  inhabitant  of  the  Commonwealth  for  the 
term  of  five  years  immediately  preceding  his  election.  The  Day  and  manner 
day  and  manner  of  the  election,  the  return  of  the  votes,  °  *-' action,  .vc. 
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  fiiilure  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  vacaiK;ies 
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  ^'^'^  g°^«™™'^'it. 
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. 

Art.  XVII.  The  secretary,  treasurer  and  receiver-gen-  Election  of  sec- 
eral,  auditor,  and  attorney-general,  shall  be  chosen  annu-  er!auditor''and 
ally,  on  the  day  in  November  prescribed  for  the  choice  of  attornoy-gcner. 

''  i"^        1  ii     *■       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  such  as  are  required  in  the  election  of  governor.    In 
*^"*^'^"  case  of  a  failure  to  elect  either  of  said  officers  on  the  day  in 

November  aforesaid,  or  in  case  of  the  decease,  in  the  mean 
time,  of  the  person  elected  as  such,  such  officer  shall  be 
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  secretar}^  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.     Ill  casc  any  person  chosen  or  appointed  to  either 
otherwise  office  ^^  ^^^^  officcs  aforcsaid,  shall  neglect,  for  the  space  of  ten 
to  be  deemed  va-  clays  after  hc  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 
lequisitc.  eligil)le  to  either  of  said  offices  unless  he  shall  have  been 

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

School  moneys  Art.  XVIII.  All  moucys  raiscd  by  taxation  in  the 
piiod°forrecta.  towus  aud  citics  for  the  support  of  public  schools,  and  all 
nan  schools.  moucys  w^liicli  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  Avhich  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  Art.  XIX.  The  legislature  shall  prescribe,  by  general 
eie'c'^onofsiw.  hiw,  for  the  clcction  of  shcrifls,  registers  of  probate,  com- 
probatf !  &"!! by  missioucrs  of  iusolvcucy,  and  clerks  of  the  courts,  by  the 
the  people.  '  people  of  the  several  counties,  and  that  district-attorne3^s 
shall  1)0  chosen  by  the  people  of  the  several  districts,  for 
such  term  of  office  as  the  legislature  shall  prescribe. 


COMMONWEALTH  OF  MASSACHUSETTS.  41 

Ar.T.  XX.     No  person  shall  have  the  riijht  to  vote,  or  pe^ti^ng^onsti- 
be  eligible  to  office  under  the  constitution  oi  this  Common-  andvriting, 
wealth,  who  shall  not  be  able  to  read  the  constitution  in  the  ficauons  of^vo-' 
English  language  and  write  his  name  :  provided,  hoicever,  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. 

Art.  XXI.     A  census  of  the  legal  voters  of  each  city  census ofic^ai 
and  town,  on  the  first  day  of  May,  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  T'ij.111  i_e/rl  1  1}  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  numlier  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  ?cprcsTnt"t^ve8' 
the  legislature,  at  its  first  session  after  the  return  of  each  tronccfioon 
enumeration  as  aforesaid,  to  the  several  counties  of  the  basis  of  legai 
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  Avell  as  in  the  formation  of  districts,  as  hereinalter  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  certify,  as  soon  as  may  be  after  it  is  determined  ccl-s  autho^dzed 
by  the  legislature,  the  number  of  representatives  to  Avhich  1°^^^'^'°  «""'>- 
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  connty  commis-  Tuesday  hiTu- 
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,  sneh  board 
of  special  commissioners  in  each  county,  to  be  elected  by 

6 


42  CONSTITUTION  OF  THE 

the  people  of  the  county,  or  of  the  towns  therein,  as  may 
for  that  purpose  be  provided  by  law,  shall,  on  the  first 
Tuesday  of  August  next  after  each  assignruent  of  represen- 
tatives to  each  county,  assemble  at  a  shire  town  of  their 
Proceedings.      rcspcctive  couutics,  and  proceed  as  soon  as  maybe,  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  count}^ ;  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  thrcc  rejjresentativcs.     Every  representative,  for  one 
upicben  a  ives.  ygjjj.  r^^  igrjg^  j^q^^;  pj.g(.g(^jyg  j^jg  elcction,  sliall  havc  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 

nuinbcrod,  de-  , 

scribed  and  cer-  cacli  couutv  shall  136  numbered  l)y  the  board  creatmsr  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  callinsj  and  conducting  the 
meetings  for  the  choice  of  representatives,  and  of  ascer- 
one  hundred  taiuiug  their  election,  shall  be  prescribed  by  law.  Not  less 
'^uo'^u^f  ^  than  one  hundred  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      Akt.  XXII.     A  ccusus  of  the  leffal  voters  of  each  city 

and  inhabitants  i/»  -t  /^-nr  inii  i  -i 

to  be  taken.       and  towu,  ou  the  first  day  ot  May,  shall  i)e  taken  and  re- 
turned into  the  office  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      ycar  thereafter.     In  the  census  aforesaid,  a  special  enumer- 
Iior'men"of  sen-  ^tlou  shall  bc  made  of  the  legal  voters,  and  in  each  city 
ators.  Qr^^[^  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  Qie  taking  of  the  census. 
Senate  to  consist  Thc  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  dis. 
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,  however,  that  Proviso. 
no  to\Yn  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  ^"'^  ^  I'^o™'^- 
a  less  number  may  organize  trmporariiy,  adjourn  from  day 
to  day,  and  compel  the  attendance  of  absent  members. 

[Art.  XXIII.    No  pei-son  of  foreign  birth  sliall  be  entitled  to  vote,  Eesidenee  of 
or  shall  lie  eligible  to  office,  unless  he  shall  have  resided  within  the  *^'?  JJ^-'"]?  '■*^- 
jurisdiction  of  the  United  States  for  two  years  subsequent  to  his  mitu-  rai';z*c'(Uit'^z3n^ 
ralization,  and  shall  be  otherwise  qualified,  accoi'ding  to  the  constitu-  to  entitle  tosuf- 
tion  and  laws  of  this  Commonwealth  :  provided,  that  this  amendment  ciT-^ible'trofflcc 
shall  not  aftect  the  rights  which  any  person  of  foreign  birth  jiossessed  Secamendmeuti 
at  the  time  of  the  adoption  thereof;  and,  provided,  further,  that  it  shall  ^^-  ^^XVI. 
not  affect  the  rights  of  any  child  of  a  citizen  of  the  United  States,  born 
during  the  temporary  absence  of  the  parent  therefrom.] 

Art.  XXIV.     Any  vacancy  in  the  senate  shall  be  filled  ^^ate"''*"''^^ 
by  election  by  the  people  of  the  unrepresented  district, 
upon  the  order  of  a  majorit}^  of  senators  elected. 

Art.  XXV.  In  case  of  a  vacancy  in  the  council,  from  vacancies  in  the 
a  failure  of  election,  or  other  cause,  the  senate  and  house  *=°^"'^''- 
of  representatives  shall,  by  concurrent  vote,  choose  some 
eligible  person  from  the  people  of  the  district  wherein  such 
vacancy  occurs,  to  fill  that  office.  If  such  vacancy  shall 
happen  when  the  legislature  is  not  in  session,  the  governor, 
with  the  advice  and  consent  of  the  council,  may  fill  the 
same  by  appointment  of  some  eligible  person. 

Art.  XXVI.     The  twenty-third  article  of  the  articles  of  Twenty.third 
amendment  of  the  constitutioia  of  this  Commonwealth,  which  menu^muie°<L' 
is  as  folloAvs,  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  bis  naturalization,  and  sball  be 
otherwise  qualified,  according  to  the  constitution  and  laws 
of  this  Commonwealth  :  provided,  that  this  amendment  shall 
not  alFect  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  uj^on  by  delegates  of 
the  people,  in  convention,  begun  and  held  at  Cambridge,  on  the  first 
day  of  September,  1779,  and  continued  by  adjournments  to  the  second 
day  of  March,  1780,  when  the  convention  adjourned  to  meet  on  the  first 
Wednesday  of  the  ensuing  June.  In  the  meantime  the  Constitution 
was  submitted  to  the  people,  to  be  adopted  by  them,  provided  two- 
thirds  of  the  votes  given  should  be  in  the  affirmative.  When  the  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  piirpose,  save  only  for  that  of  making  elections,  agreeable  to  this 
resolution."  The  first  legislature  assembled  at  Boston,  on  the  twenty- 
fifth  day  of  October,  1780. 

ARTICLES  OF  AMENDMENT. 

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

The  tenth  Article  was  adopted  by  the  legislatures  of  the  political 
years  1829-30,  and  1830-31,  respectively,  and  was  approved  and  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  fomteenth 
day  of  November,  1836. 


COMMONWEALTH  OF  MASSACHUSETTS.  45 

The  thirteenth  Ai-ticle  was  adopted  by  the  legislatures  of  the  politi- 
cal yeai-s  1839  and  1840,  and  was  approved  by  the  people,  the  sixth 
day  of  April,  1840. 

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  twentj'-third  day 
of  May,  1855. 

The  twentieth,  twent}^-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. 

Tlie  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. 

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


INDEX. 


A. 

Page 

Adjutant-General,  ho-w  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 

Appoi'tionment  of  Councillors, 38,  39 

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

"  of  Senators, 12,37,42 

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

Ai-ms,  Eight  of  People  to  keep  and  hear, 7 

Ai"ticles  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  he  demanded,       ....  8 

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

five  days, 10 

"                "        to  he  void  when  not  returned,  if  Legislatiue  ad- 
journs within  five  days,        32 

"  "        when  vetoed,  may  he  passed  hy  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. 


and 


Census  of  Inliabitants,  when  and  how  taken, 
"        of  Legal  Voters,  when  and  how  taken, 
"        of  Eatable  Polls,  when  and  how  taken, 
Cities,  General  Court  empowered  to  charter. 
Civil  and  Jlilitary  Officers,  duties  of,  to  he  prescribed  by  Legislature, 
Commander-in-Chief.    See  Governor. 
Commerce,  Manufactures,  Arts,  &c.,  encouragement  of, 
Commissary-General,  when  and  how  nominated,  &c., 

"  "         to  make  Quarterly  Returns, 

Commissioners  of  Insolvency,  how  chosen,    .... 
Commission  Officers,  Tenure  of,  to  be  exj)ressed  in  Commission 
Commissions,  how  made,  signed,  countersigned,  and  sealed. 
Congress,  Delegates  to,  how  chosen  and  commissioned, 

"  "  may  be  recalled,  and  others  commissioned, 

"  what  Offices  may  not  be  held  by  members  of, 

Constitution,  Amendments  to,  how  made,     . 

"  Revision  of  in  1795,  provided  for,    . 

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

printed  with  the  laws,      ... 
Coroners,  how  appointed,        .... 
Corruption.     See  Bribery. 

Council,  and  the  manner  of  settling  Elections  by  the  Legislature, 
"        may  exercise  jiowers  of  Executive,  when,  &c., 
"        Members  of,  number,  and  how  chosen,     . 
"        Members  of,  to  be  sworn  in  presence  of  both  Houses, 

"        Powers  and  Quorum  of, 

"        Rank  and  Qualifications  of  Members  of,  . 

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

"        Resolutions  and  Advice  of,  to  be  recorded, 

"        Vacancies  in,  how  filled, 

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

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

Courts  and  Judicatories,  may  administer  Oaths  and  Affirmations, 

"      Clerks  of,  how  chosen, 

"      of  Probate.    See  Probate. 

"      of  Record  and  Judicatories,  the  General  Court  may  establish. 
Crimes  and  Offences,  Prosecutions  for,  regulated,        .... 


37,41 

36,41 

36 

32 

11 

27 
33 
21 
40 
25 
30 
25 
25 
34 
34 
31 

31 
20 

23 
23 

23,38 
28 
23 

23,38 
23 
23 

39,43 

34 

9,22 

10 

40 

10 
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-Attorneys,  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 

Page 

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

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

Duties  of  Civil  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  Eeturns,  by  whom  examined,  &c., 13,  39 

Enacting  Style,  established, 30 

Encouragement  of  Literatiu-e, 27 

Enrolment.    See  Constitution. 

Equality  and  Natural  Eights  recognized, 4 

Estates,  Valuation  of,  when  taken, 11 

Executive  Power, 17 

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

Ex  Post  Facto  Laws,  injustice  of,  declared, 8 

F. 

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

Fines,  Excessive,  prohibited, 8 

Freedom  of  Debate,  in  Legislature,  affirmed, 8 

G. 

General  Court,  frequent  sessions  of,  enjoined, 8 

"            "      how  formed, 9 

"            "      may  make  Laws,  Ordinances,  «fec.,         ....  11 

"           "      may  provide  for  the  establishing  of  Civil  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  Eecord,     .  10 

"            "      may  charter  Cities, 32 

"            "      may  be  prorogued  by  Governor  and  Council,       .        .  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 

"            Eight  of  Peoj)le  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. 

Pago 

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

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

"          shall  sign  sucli  Bills  and  Resolves  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  Eeturns,     .        .        .13, 39 

H. 

Habeas  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  IMembers  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, Slc, 16 

"  "  may  try  aud  determine  all  cases  involving 

its  Rights  and  Privileges,       ...  16 

"                      "               shall  be  the  Grand  Inquest  to  Impeach,    .  16 

"                       "                all  Money  Bills  to  originate  in,  .        •        .  16 

"                      "               not  to  adjourn  for  more  than  two  days,    .  16 

«                       "                Quorum  of, 16,42 

"  "  Members  of,  exemiDt  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, 15 

Impeachments,  how  made  and  tried, 15,  16 

Incompatible  Offices,  enumeration  of, 29,  34 

"  Inhabitant,"  word  defined, 12 

Inhabitants,  Census  of,  when  taken, 36,  41 

Insolvency,  Commissioners  of,  how  chosen, 40 


I 


INDEX.  51 

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

affirmed,      • 7 

J. 

Judicatories  and  Coiu-ts  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,  «fec.,     .  25 

"            "        may  be  removed  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,  Eight  of  Trial  by,  secured, 7 

Justices  of  the  Peace,  Tenure  of  Office  of, 25 

"                       "      Commissions  of,  may  be  renewed,     ...  25 
"    Supreme  Judicial  Court,  Teniire  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  Militia  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  repiTgnant  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  Ai-my,  Navy,  or  actual  Militia  service, 

not  to  be  subject  to, 8 

Meetings,  Plantation,  iirovisions  respecting, 13 

"        Town,  Selectmen  to  preside  at, 12 

Military  Power,  to  be  subordinate  to  Civil, 7 

Militia  Offices,  vacancies  in,  Iiow  filled, 20 

"      Officers,  bow  elected  and  commissioned,  .        .        .        .        .      20,  33 

"  "        how  removed, 20,  33 

Militia,  organization  of,  into  Brigades,  Regiments  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 

Eeligious  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  Eotation  in, 5,  6 

"      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.                         .  53 
P. 

Page 

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

People,  Eiglit  of,  to  keep  and  bear  Arms, 7 

Person  and  Property,  Eeinedy  for  Injuries  to,  should  bo  in  the  laws,  G 

Petition  and  Instruction,  Eight  of,  affirmed, 7 

Plantations,  Unincorporated,  Tax-paying  Inhabitants  of,  may  vote  for 

Councillors  and  Senators,          ....'....  13 

Plurality  of  Votes,  election  of  Civil  Officers  by, 33 

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

Polls,  Eatable,  Census  of,  when  taken, 33 

Power,  Executive, 17,  13 

"      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 

"        Eegisters  of,  how  appointed, 20 

"                "        Election  of,  to  be  prescribed, 40 

Property,  Private,  not  to  be  taken  for  Public  Uses  without  Comxieu- 

sation, 6 

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

"                   "                     "        partially  abolished,          ...  33 

Prosecutions,  for  Criraes  and  Offences,  proceedings  in  regulated,       .  6 
Public  Boards  and  Officers,  Eeturns  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  Eight  and  Duty  of, 4 

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

Punishments,  Cruel  and  Unusual,  iJrohibited, 8 


Q. 

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

Qualifications  of  Governor, 17,  40 

"  of  Lieutenant  Governor, 22,40 

"  of  Councillors, 38,  39, 40 

"  of  Senators, 14,  37,  39,  42,  43 

"  of  Eeprescutatives, 15,  39,  42 

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

"  of  Voters, 12,  15,  33,  41,  43 

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

Qualification,  Property,  may  be  increased, 30 

"  "         partial  abolition  of, 33 

Quorum  of  Council, 18,  24 

"      of  House, IG,  42 

"      of  Senate, 14,  43 


54  INDEX. 

R. 

Page 

Eatable  Polls,  Census  of,  when  taken, 3G 

"  "      Towns  having  loss  than  COO,  how  represented,      .        .  36 

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

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

Office, 4] 

Register  of  Council,  to  bo  kept,  subject  to  the  call  of  either  Iloiise,  23 

Registers  of  Probate.    See  Probate. 

Religious  Denominations,  equal  protection  secured  to  all,  .  .  .  5,  35 
"  Societies,  Right  of,  to  elect  their  own  Pastors,  &c.,  .  .  5,  3G 
^'  "         persons  belonging  to.  Membership  delincd,  .        .  36 

Representation,  in  Council,  basis  of, 38 

"  in  House, 15, 36,  37,  38,  41 

"  in  Senate, Hj  37,  42 

Representatives.    See  House  of  Representatives. 

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

Returns  of  Votes,  by  whom  made,  examined,  «S:c.,        ...        12,  13,  18 

Revision  of  Constitution.     See  Constitution. 

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


s. 

Salaries,  of  Judges  of  Supreme  Court, 8,  22 

S.alary,  of  Governor, 22 

Schools,  Money  raised  and  appropriated  for,  how  to  be  applied,        .  39 

"      Sectai'ian,  ap^iropriation  of  Money  for,  lu'ohibited,        .        .  39 

Search  and  Seizure,  the  Right  of  every  Man  to  bo  secure  from,  .        .  7 

Secretary,  Treasurer,  Commissax'y,  «fec., 24 

Secretary  of  the  Commonwealth,  how  clioRcn, 24,39 

"                "               "                qualifications  of,       ...        .  40 

"               "               "                Duties  of, 24,40 

"                "                "                may  appoint  Dei^uties,  «S:c.,     .        .  24 

"                "                "                vacancy  in  Office  of,  how  tilled,      .  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,          ...  IG 

"        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  Impeachments, 14 

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

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


INDEX. 


55 


Page 
Senators,  apportionment  of, 11,  37,  43 

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

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

Sheriii's,  how  appointed, 19 

"          how  elected, 39 

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

Solicitor-General,  how  api)oiuted, 20 

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

Sujireme  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,       .... 

Taxes,  Excises,  &c.,  Legislature  may  impose. 

Tax,  State  or  County,  j)ayment  of,  as  qualification  of  Voter, 

Tests,  Religious,  abolished, 

Title,  of  Governor, 

"      of  Lieutenant-Governor, 

Town  Meetings,  Selectmen  to  preside  at,       ...        . 
Towns,  having  less  than  300  Eatable  Polls,  how  represented, 

"         having  less  than  150  Eatable  Polls,  how  represented, 

"         may  unite  in  Eei)resentative  District, 
Travel,  Expenses  of,  to  and  from  the  General  Court,  how  paid, . 
Treason  and  Felony,  Legislature  not  to  convict  of. 
Treasurer  and  Eeceiver-General,  how  chosen, 
"                              "                  qualification  of, 
"                    •         "                 eligibility  limited  to  five  years, 
"                             "                 vacancy  in  Office  of,  how  filled, 
Trial,  by  Jury,  Eight  of,  secured, 


6,8 
11 

13,32 
33 
17 
22 
12 
3« 
15 

36,37 
15 
8 

24,39 
40 
24 

33,40 
6,7 


University  at  Cambridge,  &c., 


u. 


26 


V. 

Vacancies  in  Council,  how  filled, 39,  43 

"         in  Militia  Offices,  how  filled, 20 

"         in  Offices  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 


56  INDEX. 

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

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

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

"      Eeturns  of,  by  whom  made,  examined,  &c.,        .        .        .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, 84 


(l^^wral  ^tatut^s  and  ^pm\  ^cts 

OF    . 

MASSACHUSETTS. 

18  74. 


1^^  The  General  Court  of  1874  assembled  on  Wednesday,  the 
seventh  day  of  January.  The  oaths  of  office  required  by  the  Con- 
stitution to  be  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 
eighth  day  of  January,  in  the  presence  of  the  two  Houses  assembled 
in  convention. 


ACTS, 

GENEKAL    AND    SPECIAL. 


An  Act  to  authorize  the  appointment  of  two  additional  (JJian.    1. 

MASTERS   IN   CHANCERY   FOR  THE    COUNTY   OF   SUFFOLK.  ^  ' 

Be  it  enacted  by  the  Senate  and  Houf^e  of  Bepresentatives,  in  General 
Court  assembled,  and  by  the  authority  of  the  same,  as  follows : 
Section  1.     The  ojovernor,  by  and  with  the  advice  and  Afiditionai  mas. 

,  V,      .  ,       *%        ,  .  terB  in  chancery 

consent  ot  the  conncil,  is  authorized  to  appoint  two  addi-  for  the  county 


tional  masters  in  chancery  in  and  for  the  county  of  Suffolk. 
And  hereafter  the  number  of  masters  in  chancery  for  said 
county  shall  be  eleven. 

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

Approved  January  29,  1874. 
An   Act  making  appropriations   for   the   mileage   and   com-  QJiaj).    2. 

PENSATION     OF     THE    MEMBERS     OF    THE    LEGISLATURE,    FOR    THE  -^ 

COMPENSATION  OF  THE  PREACHER  OF  THE  ELECTION  SERMON,  THE 
CHAPLAINS,  ASSISTANT  CLERKS,  DOORKEEPERS,  MESSENGERS  AND 
PAGES  OF  THE  SENATE  AND  HOUSE  OF  REPRESENTATIVES,  AND 
FOR   OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriations. 
priated,  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  Mileage  of  sen. 
hundred  dollars.  ^^°^- 

For  the  compensation  of  senators,  a  sum  not  exceeding  Compensation. 
thirty  thousand  seven  hundred  and  fifty  dollars. 

For  the  mileage  of  representatives,  a  sum  not  exceeding  Mileage  of  rep- 
two  thousand  one  hundred  dollars.  resentatives. 

For  the  compensation   of   representatives,   a    sum  not  Compensation. 
exceeding  one  hundred  and  eighty  thousand  seven  hundred 
and  fifty  dollars. 


1874. — Chapters  3,  4 


Preacher  of  YoY  the  comoensatioii  of  the  preacher  of  the  election 

election  sermon.  ,      *■    ,        i     i    1 1 

sermon,  one  hunclrea  dollars. 
sMa^te  L"nd°^  For  the  compensation  of  the  chaplains  of  the  senate  and 

house.  house  of  representatives,  eight  hundred  dollars. 

^/sentte ''^^d^*       ^^^  ^^®  compcusation    of   the  assistant  clerks   of   the 
house.  senate  and  house  of  representatives,  one  thousand  eight 

hundred  dollars. 
Doorkeepers,  YoY  the  Compensation  of  the  doorkeepers,  messengers 

messengers,  &c.  i  ly  .     .- 

and  pages  ot  the  senate  and  house  or  representatives,  a 
sum  not  exceeding  twenty  thousand  dollars. 
Fees  of  wit-  Yov  fccs  and  expenses  of  suramonino:  witnesses  before 

nesees  before  .  i    r.  i        /»  p  i  • 

committees.       committccs,  and  for  the  fees  of  such  witnesses,  a  sum  not 

exceeding  one  thousand  dollars. 
Expenses,  &c.,        For  the   authorized   expenses    of    committees    of    the 
present  legislature,  to  include  clerical  assistance  to  com- 
mittees authorized  to  employ  the  same,  a  sum  not  exceed- 
ing thirteen  thousand  dollars. 

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

Approved  January  31,  1874:. 

ChciJJ.     3.  ^^  -^CT  CONCERNING  THE  ANNUAL  MEETING   OP  THE  MASSACHUSETTS 
^  '         '  CENTRAL  RAILROAD   COMPANY, 

Be  it  enacted,  &c.,  as  follows: 
Annual  meet-        xhc  Massachusctts  Central  Railroad  Company  may  hold 


mg, 


its  annual  meeting  in  Boston. 


Approved  January  31,  1874. 


ChCLT)       4.   ^^   ^^^  '^^    AUTHORIZE    THE    WORCESTER    AND    NASHUA    RAILROAD 
■^  *         *        COMPANY     TO     GUARANTEE     CERTAIN     B.ONDS,     AND      FOR      OTHER 
PURPOSES. 

Be  it  enacted,  <fec.,  as  follows: 
wor^cester  &  Section  1 .     The  Worccstcr  and  Nashua  Railroad  Corn- 

may  guarantee    pany   may  guarantee   the   first   mortgage   bonds    of    the 
bominnd^other  Nashua  and  Rochester  Railroad,  issued  for  the  purpose  of 
K\SL''&Roch.  P'^iyiiig  f«i'  the  construction  of  its  road  and  for  other  pur- 
ester  Railroad,    poses,   aud  may  guarantee    other  liabilities    of  the   said 
Nashua  andRocliester  Railroad  to  an  amount  not  exceeding 
in  bonds  and  other  liabilities,  a  sum  equal  to  the  amount 
of  capital  stock  of  said  Nashua  and  Rochester  Railroad 
actually  paid  in  in  cash ;  and  may  purchase  and  hold  the 
said    bonds    or   any   portion   thereof,    and   may   likewise 
purchase   and    hold,    or    have   held  for   its   benefit,    any 
shares  in  the  capital  stock  of  said  Nashua  and  Rochester 
Proviso.  Railroad  :  provided,  the  said  purchase  and   guarantee    of 

liability  shall  be  duly  authorized  by  a  vote  of  a  majority 
in  interest  of  the  capital  stock,  at  a  meeting  of  the  said 


1874.— Chaptee  5.  5 

"Worcester  and  Nashua  Kailroad  Company,  called  for  that 
purpose. 

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

Appi*^oved  February  2,  1874. 

An  Act  making  appropriations  for  the  maintenance  of  the  CllCip.    5. 

GOVERNMENT  FOR  THE  PRESENT  YEAR. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  sums  hereinafter  mentioned   are  ap-  Appropriations. 
propriated,  to  be  paid  out  of  the  treasury,  from  the  ordi- 
nary 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-four,  to  wit : — 

SUPREME    JUDICIAL    COURT. 

For  the  salary  of  the  clerk  of  the  supreme  judicial  court  cierk. 
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  su-  Reporter. 
prerae  judicial  court,  three  hundred  dollars. 

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

SUPERIOR   COURT. 

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

For  the  salaries  of  the  nine  associate  justices  of  said  i}ees°."^^^  ^^* 
court,  forty-five  thousand  dollars. 

COURTS    OF   PROBATE    AKD   IXSOLYEXCT. 

For  the  salary  of  the  judge  of  probate  and  insolvency  judge  for— 
■for  the  county  of  Sufiblk,  four  thousand  dollars.  Suffolk. 

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

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

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

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


1874.— Chapter  5. 


Bristol. 
Plymouth. 

Berkshire. 

Hampden. 

Hampshire. 
Franklin. 
Barnstable. 
Nantucket. 
Dukes  County. 


Register  for — 
Suffolk. 


Middlesex. 
Worcester. 
Essex. 
Norfolk. 

Bristol. 

Plymouth. 

Hampden. 

Berkshire. 


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

'  For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Plymouth,  one  thousand  three  hundred 
dollai*s. 

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

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

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

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

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

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Nantucket,  five  hundred  dollars. 

For  the  salary  of  the  judge  of  probate  and  insolvency 
for  the  county  of  Dukes  county,  five  hundred  dollars. 

For  the  salary  of  the  register  of  probate  and  insolvency 
for  the  county  of  Suft'olk,  three  thousand  dollars. 

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

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

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

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

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

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

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

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


1874.— Chapter  5.  7 

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  FrankUn. 
for  the  county  of  Franklin,  nine  hundred  dollars. 

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

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

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

For  the  salary  of  the  assistant  register  of  probate  and  istfrfor-^^^^' 
insolvency  for  the  county  of  Suflfolk,  one  thousand  five  Suffolk. 
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  probate  and  ■^*^^'^* 
insolvency  for  the  county  of  Lssex,  one  thousand  five  hun- 
dred dollars. 

For  the  salary  of  the  assistant  register  of  probate  and  ^°'^°i^- 
insolvency  for  the  county  of  Norfolk,  one  thousand  one 
hundred  dollars. 

For  certain  expenses  of  courts  of  insolvency  authorized  ^(fj^ts.*^*  °^ 
by  the  General  Statutes,  a  sum  not  exceeding  five  hundred 
dollars. 

DISTRICT- ATTORNEYS . 

For  the  salary  of  the  attorney  for  the  county  of  Sufi'olk,  ^"°^XJ*°^ 
five  thousand  dollars ;  and  for  the  salary  of  his  clerk,  one  Suffolk. 
thousand  dollars. 

For  the  salary  of  the  assistant  attorney  for  the  county  Assistant  attor- 

ro/rii^iji  Till  ney  for  Suliolk. 

ot  bunolk,  three  thousand  dollars. 

For  the  salary  of  the  attorney  for  the  eastern  district.    Attorney  for— 

J  ,,  ,     1*^  „  "^  Eastern  district. 

two  thousand  dollars. 

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

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

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

For  the  salary  of  the  attorney  for  the  south-eastern  dis-  south-eastern 

,  1T11  district. 

trict,  two  thousand  dollars. 


8 


1874. — Chapter  5. 


"Western  dis- 
trict. 


North-western 
district. 


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

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


Justice — 
Cambridge. 

Charleetown. 

Chelsea. 

Chicopee. 

Fall  River. 

Fitchburg. 

Gloucester. 

Haverhill. 

Holyoke. 

Lawrence. 

Lee. 

Lowell. 

New  Bedford. 

Lynn. 

Newburj'port. 

Somerville. 

Salem. 

Springfield. 

Williamstown. 


POLICE    COURTS. 

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

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

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

For  the  salary  of  the  justice  of  the  police  court  in  Chic- 
opee, 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  Hav- 
erhill, one  thousand  two  hundred  dollars. 

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

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

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

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

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

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

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

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

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

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

For  the  salary  of  the  justice  of  the  police  court  in  Wil- 
liamstown, three  hundred  dollars. 


1874.— Chapter  5.  9 

For  the  salaries  of  the  clerks  of  the  police  courts,  ex-    cierks- 
clusive  of  clerks  elected  under  chapter  one  hundred  and 
sixteen  of  the  General  Statutes,  to  wit : 

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

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

For  the  salary  of  the  clerk  of  the  police  court  iu  Fall  Faii  River. 
River,  one  thousand  dollars. 

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

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

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

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

For  the  salary  of  the  clerk  of  the  police  court  in  Lowell,  Loweii. 
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. 

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

MUNICIPAL   COUETS. 

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

For  the  salary  of  the  clerk  of  the  municipal  court  in  cierk  for  crimi- 
Boston,  for  criminal  business,  two  thousand  five  hundred  "''^  t)U8mess. 
dollars. 

For  the  salary  of  the  justice  of  the  municipal  court  for  justice  for 
the  southern  district  of  Boston,  two  thousand  five  hundred  tot?*"""^^' 
dollars. 

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

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


10 


1874. — Chapter  5. 


Justice  of  Dor- 
chester district. 


Clerk. 


Justice  in 
Tauntou. 


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  clerk  of  the  municipal  court  of  the 
Dorchester  district  in  Boston,  eight  hundred  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 
Worcester — 
First  district. 

Second  district. 


Third  district. 


Eastern 
Worcester — 
First  district. 

Central 
Worcester. 

Northern  Mid- 
dlesex. 


East  Norfolk. 


Eastern  Hamp. 
den. 


Clerk— 
Central  Berk- 
shire. 

Northern  Berk- 
shire. 

Southern  Berk- 
shire. 

Central 
Worcester. 

East  Norfolk. 


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  first  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  two  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  the  justice  of  the  first  district  court 
of  eastern  W^orcester,  eight  hundred  dollars. 

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

For  the  salary  of  the  justice  of  the  first  district  court  of 
northern  Middlesex,  one  thousand  dollars. 

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

For  the  salary   of  the  justice   of  the   district  court  of 
eastern  Hampden,  one  thousand  dollars. 

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

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

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

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

For  the  salary  of  the  clerk  of  the  district  court  for  east 
Norfolk,  eight  hundred  dollars. 

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

Approved  February  3,  1874. 


1874.— Chapters  6,  7,  8,  9.  11 

An  Act  to  authorize  "  the  equitable  life-assurance  society  (JJiap.    6. 

OF   the   united   states,"   of    new  YORK,   TO    HOLl)  REAX  ESTATE 
IN   THIS   COMMONWEALTH. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     "The  Equitable  Life-Assiirance  Society  of  f„7jP^'^^^°J'j!,f 
the  United  States,"  of  New  York,  may  purchase  and  hold  estate  in  Boston. 
for  the  transaction  of  its  business,  a  tract  of  land  situate 
on  Milk  and  Devonshire  streets,  in  the  city  of  Boston,  not 
exceeding  in  extent  ten  thousand  square  feet,  with  all  the 
rights  of  ownership  :  provided,  that  in  case  of  sale  or  ex-  Proviso, 
change,  any  other  land  purchased  within  the  Common- 
wealth shall  not  exceed  in  value  the  land  sold  or  exchanged 
at  its  then  value. 

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

Approved  February  6,  1874. 

An  Act  to  incorporate  the  lynn  home  for  aged  women.      Chctp.    7. 
Be  it  enacted,  &c.,  as  folloivs : 

John  Batchelder,  Nathan  M.  Hawkes,  T.  P.  Richardson  Coi-porators. 
and  William  F.  Johnson,  their  associates  and  successors, 
are  made  a  corporation  by  the   name  of  the  Lynn  Home  Name  and  pur- 
for  Aged   AVomen,  for  the   purpose  of  providing  for  the  ^°^** 
support  of  aged  indigent  females,  not  otherwise  provided 
for  ;  with  all  the  powers  and  privileges  and  subject  to  all  JyX7*  ^'^^ 
the  duties,  liabilities  and  restrictions  set  forth  in  the  Gen- 
eral Statutes ;  and,  for  the  purposes  aforesaid  may  hold 
real  and  personal  estate  to  an  amount  not  exceeding  one  Real  estate. 
hundred  thousand  dollars.  Ajrproved  February  6, 1874. 

An  Act  to  authorize  nelson  h.  bearse  and  associates  to  con-  Chap.    8. 

struct   a   wharf   in   BARNSTABLE. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     License  is  given  to  Nelson  H.  Bearse  and  ^h^rfTBrm- 
associates  to  construct  a  wharf  in  Barnstable,  subject  to  stable. 
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  7,  1874. 

An  Act  to  incorporate  the  odd  fellows'  hall  association  of  (JJidfy^    9^ 

LAWRENCE.  ^ 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     James  S.  Hutchinson,  Dyer  S.  Hall,  Jesse  Corporators. 
G.  Gould,  their  associates  and  successors  are  made  a  cor- 
poration by  the  name  of  the  Odd  Fellows'  Hall  Associa-  Name  and  pur. 
tion  of  Lawrence,  for  the  purpose  of  erecting  or  purchas- 
ing and  maintaining  a  building  in  the  city  of  Lawrence, 


12 


1874.-~Chaptees  10,  11,  12. 


Powers  and 
duties. 


Capital  stock 
and  shares. 


Not  to  incur 
liability  until 
$10,000  is  paid 
in  iu  cash. 


Chap.lO. 


May  construct 
wharf  in  Barn- 
stable. 


for  the  accommoda,tion  and  purposes  of  an  Odd  Fellows' 
Hall,  and  any  other  lawful  purpose ;  with  all  the  powers 
and  privileges,  and  subject  to  all  the  duties,  restrictions 
and  liabilities  set  forth  in  all  general  laws,  which  now  are 
or  hereafter  may  be  in  force,  applicable  to  such  corpora- 
tion . 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  seventy-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- 
bility until  ten  thousand  dollars  of  its  capital  stock  has 
been  paid  iu  in  cash. 

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

Apjirovcd  February  7,  1874. 

An  Act  to  authorize  jarvis  r.  nickerson  and  associates  to  con- 
struct A  WHARF  IN  BARNSTABLE. 
Be  it  enacted,  &c.,  as  follotvs  : 

Section  1.     License  is  given  to  Jarvis  R.  Nickerson 

and  associates  to  construct  a  wharf  in  Barnstable,  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  7,  1874. 

C/i(?Z>.ll.  ^N  Act  to  authorize  the  boston  young  men's  christian  union 
J-  '       '  to  hold  additional  real  and  personal  estate. 

Be  it  enacted,  &c.,  as  follows : 
May  hold  real         Section  1.     The  Bostoii  Young  Mcu's  Christian  Unioii 
u.L'^nJitxcJi'  may  hold  real  and  personal  estate  to  aa  amount  not  exceed- 
lug $300,000.       -j^^  ^j^^.g^  hundred  thousand  dollars  iu  value. 

Section  2.  Section  two  of  chapter  one  hundred  and 
seventy-three  of  the  acts  of  the  year  eighteen  hundred  and 
fifty-two  is  repealed.  Approved  February  7, 1874. 

Chcip.  12.   A^'   -^CT  TO  renew  the   APPROPRIATION   FOR   THE   IMPROVEMENT  OF 
"  '  THE   COMMONWEALTH'S   FLATS   IN   BOSTON   HARBOR. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  There  shall  be  allowed  and  paid  out  of  the 
treasury  a  sum  not  exceeding  the  amount  of  the  unexpend- 
ed balance  of  the  appropriation  made  by  the  third  section 
of  the  three  hundred  and  twentieth  chapter  of  the  acts  of 
the  year  eighteen  hundred  and  seventy-two  entitled  "An 
Act  in  relation  to  the  improvement  of  the  Common- 
wealth's flats  in  Boston  harbor,"  to  be  expended  for  the 


Repeal  of  1852, 
173,  §  2. 


Appropriation 
renewed  for  the 
improvement  of 
the  Common- 
wealth's flats  in 
Boston  harbor. 


1874.— Chapter  13.  13 

purposes  authorized  by  the  first  sectiou  of  said  act,  and 
the  sume  is  hereby  appropriated. 

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

Approved  February  7,  1874. 

An  Act  in  addition  to  an  act  making  appropriations  for  the  (JJlCip.  13. 

MAINTENANCE   OF  THE  GOVERNMENT  DURING   THE   PRESENT  YEAR. 

Be  it  enacted,  &c  ,  as  follows : 

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

LEGISLATIVE    DEPARTMENT. 

For  the  salaries  of  the  clerks  of  the  senate  and  house  of  cierks  of  senate 
representatives,  six  thousand  dollars. 

For  the  salary  of  the  sergeant-at-arms,  three  thousand  ^^^^^'^^^^' 

JO  '  arms. 

dollars. 

For  the  compensation  of  an  engineer,  and  such  watch-  Engineer, 

T   j2  t_  11*       ii  i.1.1  watchmen  and 

men  and  firemen,  as  may  be  employed  in  the  state  house,  firemen. 
a  sum  not  exceedins:  ten  thousand  one  hundred  dollars. 


EXECUTIVE    DEPARTMENT. 

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

For  the  salary  of  the  private  secretary  of  the  governor.  Private  secre- 
two  thousand  five  hundred  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  mea- 
and  council,  one  thousand  dollars.  ^''"^'''"' 

For  the  expenses  of  the  executive  department  as  author-  Expenses  of 
ized  by  chapter  two  hundred  and  fifty  of  the  acts  of  the  pirtment.'^^' 
year  eighteen  hundred  and  seventy,  a  sum  not  exceeding 
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  depart-  First  cierk. 
ment,  two  thousand  dollars. 


14 


1874.— Chapter  13. 


Second  clerk. 


Messenger. 


Additional  cler- 
ical assietaucc. 


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

For  the  salary  of  the  messenger  in  the  secretary's  depart- 
ment,, one  thousand  two  hundred  dollars. 

For  such  additional  clerical  assistance  as  the  secretary 
may  find  necessary,  a  sum  not  exceeding  eighteen  thou- 
sand five  hundred  dollars. 


Treasurer. 


First  clerk. 


Cashier. 


First  assistant 
clerk. 


Additional  cler- 
ical assistance. 


TREASUEERS    DEPARTMENT. 

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

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

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

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

For  such  additional  clerical  assistance  as  the  treasurer 
may  find  necessary,  a  sum  not  exceeding  three  thousand 
five  hundred  doUars. 


Deputy  tax 
commissioner. 

First  clerk. 


Second  clerk. 


Additional  cler- 
ical assistance. 


T-^LS   commissioner's   BUREAU. 

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

For  the  salary  of  the  first  clerk  of  the  tax  commissioner, 
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  thirteen  thousand  three 
hundred  dollars. 


Auditor  of 
accounts. 


First  clerk. 


Second  clerk. 


Additional  cler- 
ical  assistance. 


AUDITOR  S   DEPARTMENT. 

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

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

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

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


1874.— Chapter  13.  15 

attorney-general's  department. 

For  the  salary  of  the  attorney-general,  five  thousand  Attomey.gen. 
dollars. 

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

commissioners,  et  als. 
For  the  salary  of  the  commissioner  of  savings  banks,  savings  bank 

,  1  T1111T11  commissioner. 

three  thousand  three  hundred  dolhirs. 

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

T    T    ,,  ''  missioner. 

sand  dollars. 

For  the  salary  of  the  deputy  insurance  commissioner,  Deputy  ineur- 

i-i  , ,  T     T    n  ame  commis- 

three  thousand  dollars.  eioner. 

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

For  such  additional  clerical  assistance  as  the  insurance  Additional  cier- 

n     1  J.  T  ical  assistance. 

commissioner  may  hud  necessary,  a  sum  not  exceeding 
four  thousand  seven  hundred  dollars. 

The  fees  received  as  compensation  for  the  valuation  of  J.^^^  f°r. j^'"^: 

•,•  n  1      .  •  1  ,.,.       tion  of  life-poll- 

life-policies,  are   hereby  appropriated,  to   be  applied    in  cios,  how  ap- 
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  oflBce  expenses  of  the  inspector  of  inspector  of 

''  .  1    1    11  gasmeters. 

gasraeters,  three  thousand  dollars. 

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

thousand  dollars.  missioners. 

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

For  the  salary  of  the  secretary  of  the  state  board  of  ^o^rd  ofVeLth 
health,  two  thousand  five  hundred  dollars. 

For  the  salary  of  the  chief  of  the  bureau  of  statistics  on  Bureau  of  sta- 
the  suliject  of  labor,  three  thousand  dollars ;  and  for  the  cWef^nd  dep!^' 
salary  of  his  deputy,  two  thousand  dollars.  "'^y- 

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  exceeding  five  thousand  dollars. 

For  the  salary  of  the  secretary  of  the  board  of  prison  secretary  of 
commissioners,  two  thousand  dollars.  L'ne?8?°"^'^' 

For  the  compensation  of  the  police  commissioners,  a  sum  Pouce  commis- 
not  exceeding  two  thousand  four  hundred  dollars  ;  and  for  "'"''"*' 
their  actual  travelling  expenses,  a  sum  not  exceeding  five 
hundred  dollars.     For  the  salary  of  the  chief  constable  of  cwef  constable. 
the  Commonwealth,  three  thousand  dollars ;  for  the  sala- 


16 


1874.— Chapter  13. 


Deputy  consta-  pics  of  the  coiistables,  a  sum  not  exceeding  one  hundred 
Travelling  ex.  ^"^^  fifteen  thousaud  dollars;  for  travelling  expenses 
penaes.  actually  paid   by  said  constables,   a  sum  not  exceeding 

twenty  thousand  dollars. 


Secretary  of 
board. 


Clerk. 


Clerical  services 
and  lectures. 


AGRICULTURAL    DEPARTMENT. 

For  the  salary  of  the  secretary  of  the  board  of  agricult- 
m'e,  two  thousand  five  hundred  dollars. 

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

For  the  compensation  of  other  clerical  services  in  the 
office  of  the  secretary  of  the  board  of  agriculture,  and  for 
lectures  before  the  board  of  agriculture,  a  sum  not  exceed- 
ing: four  hundred  dollars. 


Secretary. 


Clerical  assist- 
ance. 


General  agent. 


Clerical  and 
other  assistance, 


Visiting  agent. 


Clerical  and 
other  assistance. 


Transportation 
of  state  paupers. 


Proviso. 


Secretary. 


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  assistance  as  the  general 
agent  of  the  board  of  state  charities  may  find  necessary,  a 
sum  not  exceeding  nine  thousand  dollars. 

For  the  salary  of  the  visiting  agent  of  the  board  of  state 
charities,  three  thousaud  dollars. 

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

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

EDUCATIONAL   DEPARTMENT. 

For  the  salary  and  expenses  of  the  secretary  of  the  board 
of  education,  three  thousand  four  hundred  dollars,  to  be 
paid  from  the  moiety  of  the  income  of  the  Massachusetts 
school  fund  applicable  to  educational  purposes. 


1874.— Chapter  14.  17 

For  the  salary  and  expenses  of  such  agent  or  agents  as  salaries  and 
the  board  of  education  may  appoint,  a  sum  not  exceeding  Igeut?*^*  ° 
twelve  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  Assistant  ubra- 

1  i/«i  •  ji  Tin  l"'^"  ^nd  clerk. 

board  ot  education,  two  thousand  dollars. 

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

MILITARY    DEPARTMENT. 

For  the  salary  of  the  adjutant-general,  three  thousand  Adjutant-gen- 
dollars. 

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- 

,  ,,      T  1.  T  •  ical  assistance. 

general  may  find  necessary,   a  sum   not  exceeding  nine 
thousand  five  hundred  dollars. 

For  the  salary  of  the  suro^eon-areneral,  two  thousand  five  surgeon-gen- 

eral 

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,  one  thousand  two  hundred  dollars. 

For  the    compensation  of  the   employes    at    the   state  Employes  at 
arsenal,  a  sum  not  exceeding  two  thousand  seven  hundred 
dollars. 

For  the   salary   and    expenses  of  the   iudo;e  advocate-  Judge  advocate- 
general  of  the  volunteer  militia,  two  thousand  dollars. 

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

Approved  February  7, 1874. 

Ax  Act  to  authorize  the  mutual  life  insurance  company  of  (Jhap.  14. 

NEW  YORK    TO    HOLD    ADDITIONAL    REAL    ESTATE    IN    THIS    COM-  ^ 

MONWEALTH. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Chapter  two  hundred  and  twenty-seven  of  May  hold  real  es- 
the  acts  of  the  year  eighteen  hundred  and  seventy-one,  is  ing'^sii'ooo.ooo. ' 
amended,  so  that  the  Mutual  Life  Insurance  Company  of  ^^'^■^^^" 
New  York,  a  corporation  created  under  the  laws   of  the 
state  of  New  York,  may  hold  real  estate  in  this  Common- 
wealth not  exceeding  in  cost  two  millions  of  dollars,  and 
3 


18  1874.— Chapters  15,  16,  17. 

also  may  sell  and  convey  any  portion  of  the  real  estate 
now  held  by  it. 

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

A2')proved  February  10,  1874. 

ChctP.1.5.  ^^  -^^^   '^^   INCORPORATE  THE  LENOX  CLUB  OF  LENOX. 

Be  it  enacted,  &c.,  as  follows  : 
Corporators.  SECTION  1.     Richaixl  Goodman,  F.  Augustus  Schemier- 

horn,  Thomas  Post,  Richard  T.  Auchmutz  their  associates 

and  successors  are  made  a  corporation  by  tlie  name  of  the 
Name  and  pur-   Lcnox  Club,  of  Lcnox,  for  the  purpose  of  maintaining  a 

reading-room,  and  for  other  lawful   purposes ;    with  the 
Powers  and       jjowci's  aiid  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. 
Real  and  per.         SECTION  2.     Said   corporatioii   may,    for   the   purpose 

aforesaid,  hold  real  and  personal  estate  to  an  amount  not 

exceeding  twenty-five  thousand  dollars. 
Property  not  SECTION  3.     The  property  of  Said  Corporation  shall  iiot 

exempt  from         ,  ■'^ .      *■  "^  '■ 

taxation.  bc  cxcmpt  irom  taxation. 

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

Ai}j)roved  February  10,  1874. 

Chap.  16.  An  Act  to  revive  the  monument  bank  in  the  city  of  charles- 

town  for  certain  purposes. 
Be  it  enacted,  &c.,  as  follows: 
Charter  revived      Section  1.     The  existcuce  of  tlic  Corporation  hereto- 
dent  and  direc   forc  kuowii  as  the  Moiiumeut  Bank  in  the  city  of  Charles- 
■reaiestate.^^^    towu    (uow  Bostou)    is   rcvivcd  and    continued   for   the 
purpose  of  enal)ling  the  president  and  directors  of  said 
Monument  Bank  at  the  time  when  the  same  became  an 
association  for  carrying  on  the  business  of  banking  under 
the  laAvs  of   the    United    States   to  convey,  assign   and 
transfer  to  the  Monument  National  Bank  any  real  estate 
or  interests  therein  of  said  Monument  Bank,  and  for  no 
other  purpose  whatever. 

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

Approved  February  11,  1874. 

An  Act  making  appropriations   for  expenses  op  the  state 
almshouse,  the  state  prison,  the  reform  school  at  west- 
borough,  the  industrial  school  for  girls,  the  briugewater 
workhouse,  the  state  primary  school  at  monson,  and  for 
other  purposes. 
Be  it  enacted,  tfcc,  as  follows: 
Appropriations.      Section  1.     The  sums  hereinafter  mentioned  are  ap- 
propriated, to  be  paid  out  of  the  treasury  of  the  Common- 


Chap.l7. 


1874.— Chapter  17.  19 

wealth,  from  the  ordinary  revenue,  unless  otherwise 
specified,  for  the  purpose  of  meeting  the  current  expenses 
of  the  institutions  hereinafter  named  and  for  other  pur- 
poses, during  the  year  ending  I^eceraber  thiry-first,  in  the 
year  eighteen  hundred  and  seventy-four,  to  wit : — 

CHARITABLE. 

For  the  current  expenses    of  the    state   almshouse   at  state  aima- 
Tewksbury,   a  sum  not  exceeding  eighty-nine   thousand  bury.' 
five  hundred  dollars. 

For  the  current  expenses  of  the  state  primary  school  at  state  primary 
Monson,  a  sum  not  exceeding  forty-four  thousand  dollars.  ^^  °°' 

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

For  expenses   of  the  secretary  of   the  board  of  state  Secretary's 
charities,  a  sum  not  exceeding  one  thousand  dollars.  expenses. 

For  contingent  expenses  of  the  visiting  agent  of  the  visiting  agent's 
board  of  state  charities,  a  sum  not  exceeding  three  thou-  "^^p*^"^^*- 
sand  seven  hundred  dollars. 

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

For  the  support  and  relief  of  state  lunatic  paupers  in  Lunatic  paupers 
state  hospitals,  a  sum  not  exceeding  ninety-five  thousand  ^"  o^pit^as. 
dollars. 

For  the  support  of  state  paupers,  by  cities  and  towns,  support  of 
a  sum  not   exceeding  twenty-five   thousand   dollars,  the  lyciuesand 
same  to  include  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  chap- 
ter twelve  of  the  acts  of  eighteen  hundred  and  sixty-nine. 

For  the  burial  of  state  paupers,  a  sum  not  exceeding  Bmiai  of  state 
seven  thousand  dollars.  p^^p'"- 

For  the  re-iml)ursement  of  cities  and  towns  for  expenses  Transportation  * 
incurred  in  the  transportation  of  state  paupers  to  the  state  ^^^^ate  paupers. 
almshouse,  a  sum  not  exceeding  seven  hundred  dollars. 

For  the  Perkins  institution  and  Massachusetts  asylum  Asylum  for  the 
for  the  l)lind,  the  sum  of  thirty  thousand  dollars.  ^"'"^" 

For  the  support  of  Massachusetts  beneficiaries  in  the  Asylums  for 
asylums  for  deaf  and  dumb,  and  in  other  institutions  ^f '^'^^^ ^^'i 'i"'^''- 
the  same  character,  a  sum  not  exceeding  thirty  thousand 
dollars. 

For   the   Massachusetts  school  for  idiotic  and   feeble-  Miotic  and 
minded  youth,  a  sum  not  exceeding  sixteen  thousand  five  yotth:""'"^^* 
hundred  dollars. 


20 


1874.— Chatter  17. 


Johonnot  annu- 
ities. 


Settlement  and 
bastardy. 


Pensions. 


Jane  Parks. 

Timothy 
Murphy. 

Indian  state 
paupers. 


State  pauper 
convicts. 


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

For  expenses  attending  the  management  of  cases  of 
settlement  and  bastardy,  and  in  connection  with  com- 
j)laints  of  or  in  behalf  of  persons  confined  as  lunatics,  in 
eighteen  hundred  and  seventy-four,  a  sum  not  exceeding 
two  thousand  dollars. 

For  pensions,  a  sum  not  exceeding  eight  hundred 
dollars. 

For  the  annuity  of  Jane  Parks,  three  hundred  dollars. 

For  the  annuity  of  Timothy  Murphy,  two  hundred 
dollars. 

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

For  the  support  of  state  pauper  convicts,  a  sum  not 
exceeding  one  thousand  dollars. 


state  prison. 


State  reform 
school. 


Industrial 
school. 


State  work- 
house, Bridge- 
water. 

'^Fugitives  from 
justice. 

Agent  dis- 
charged con- 
victs. 


Commissioners 
on  prisons. 

Coroners'  in- 
quests. 

Part  of  appro- 
priation for  ex- 
penses of  state 


REFORMATORY  AND  CORRECTIONAL. 

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

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

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

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

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

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

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

For  expenses  of  coroners'  inquests,  a  sum  not  exceeding 
one  thousand  dollars. 

From  the  appropriations  for  expenses  of  the  state  prison, 
of  the  state  almshouse  at  Tewksbury,  the  primary  school 


1874.— Chapters  18,  19.  21 

at  Mousoii,   the  workhouse    at  Briclgewater,  the   reform  p^'°^'^^\*^*^ 
school  at  "Westboroiio^h,  and  of  the  industrial  school  for  &c.,  may  be  ad- 
girls,  there  may  be  paid  to  each  in  advance,  a  sum  not  ex-  accounted  for  la 
ceeding  one  thousand  dollars,  to  be  accounted  for  to  the  Sents  with" ^' 
state  auditor  in  the  monthly  settlements  of  said  institutions,  ^^'^^^or- 
and  all   sums  received  by  said   institutions  from  cities, 
towns  or  individuals  for  the  support  of  inmates,  or  for 
articles  sold,  shall  be  paid  into  the  treasury  of  the  Com- 
monwealth. 

For  the   re-imbursemeut  of  the   Massachusetts    infant  i°fant  asylum. 
asjdum  and  for  the  support  of  infants  having  no  known 
settlement  in  the  Commonwealth,  a  sum  not  exceeding 
two  thousand  five  hundred  dollars. 

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

Ajijifoved  February  14,  1874. 
An  Act  to  authorize  the  maverick  congregatioxal  society  Ch(ip.\S. 

OF  BOSTON   to  SELL  ITS   REAL  ESTATE,  AND   FOR  OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

Sectiox.   1.     The  Maverick  Cono:reo;ational  Society,  a  May  seii  real 

o      o  »/  ^        estate. 

corporation  duly  established  by  law,  and  located  at 
Boston,  in  the  county  of  Suffolk,  may  sell  at  public  or 
private  sale,  at  such  time  or  times  as  it  may  choose,  all  the 
real  estate  of  said  society,  with  the  buildings  thereon 
standing,  situated  in  that  part  of  Boston  called  East 
Boston :  provided,  that  the  pew-holders,  b}^  a  two-thirds 
vote  of  those  present  at  a  meeting  regularly  called,  shall 
decide  so  to  do. 

Section  2.     The  proceeds  of  the  sale,  after  paying  the  Proceeds  of  saie 
debts  of  the  society,  shall  be  invested  in  the  purchase  of  o'ther  reares- 
other  real  estate  in  East  Boston  and  for  the  erection  of  a  of*c'hurch7&c?° 
church,  chapel  and  parsonage  thereon ;  and  for  this  pur- 
pose the  society  may  mortgage  the  land  so  purchased,  to 
such  an  amount  as  a  majority  of  the  pew-holders,   at  a 
regular  meeting  may  determine. 

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

Ax>proved  February  14,  1874. 

An  Act  to  repeal  section  ten  of  chapter  three  hundred  and  OllClV.  19. 

SEVEN  OF  THE  ACTS  OF  THE  YEAR  EIGHTEEN  EHJNDRED  AND 
SEVENTY-ONE  AUTHORIZING  THE  TOWN  OF  WINCHESTER  TO  TAKE 
WATER  FROM  THE  WATER-PIPES  AND  RESERVOIR  OF  THE  TOWN 
OF   WOBURN. 

Be  it  enacted,  &c.,  as  follows: 

Section  ten  of  chapter  three  hundred  and  seven  of  the  Repeal  of  is-i, 
acts  of  the   year   eighteen   hundred   and  seventy-one  is^*'''^^°' 
repealed.  Approved  February  14,  1874. 


22 


1874.— Chapters  20,  21. 


Election  of  city 
officers 


Mayor  and 
aldermen  to  be 
in  session  on 
day  preceding 
an  election,  lor 
correction  of 
voting  lists. 


An  Act  concerning  elections  in  cities. 
Glldp.^O.  Be  it  enacted,  &c.,  as  follows: 

Section  1,  The  annual  elections  of  city  and  ward 
officers,  now  required  to  be  held  on  Monday  shall  here- 
after be  held  on  the  Tuesday  next  following  such  Monday. 

Section  2.  The  mayor  and  aldermen  of  cities  shall  be 
in  session  on  the  day  immediately  preceding  the  meeting 
for  any  election,  and  for  as  much  longer  time  previous  to 
said  day  as  they  judge  necessary,  for  the  purpose  of  re- 
ceiving evidence  of  the  qualifications  of  persons  claiming 
right  to  vote  at  such  meeting,  and  of  correctinof  tlie  lists 
of  voters  ;  and  they  shall  give  notice  of  the  time  and  place 
of  holding  the  sessions  upon  lists  of  voters  posted  as 
required  by  the  fifth  section  of  the  sixth  chapter  of  the 
General  Statutes.  "When  the  day  immediately  preceding 
such  meeting  is  Sunday,  such  session  shall  be  held  on  the 
Saturday  preceding. 

Section  3.  So  much  of  sections  six  and  seven  of  chap- 
ter six  of  the  General  Statutes  as  relates  to  the  mayor 
and  aldermen  of  cities  is  repealed. 

Aiyproved  February  14,  1874. 

Chcip.2i\.  An  Act  in  further  addition  to  an  act  making  appropriations 

FOR  THE  MAINTENANCE  OF  THE  GOVERNMENT  DURING  THE  PRESENT 
YEAR. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .  The  sums  hereinafter  mentioned  are  appro- 
priated 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- 
four,  to  wit  : 


Repeal. 


Appropriations. 


Printing  and 
binding  ordered 
by  legislature. 


Senate  station- 
ery. 

Senate  blanks, 
circulars,  &c. 


House  station- 
ery. 


LEGISLATIVE    AND   EXECUTIVE    DErARTMENTS . 

For  printing  and  binding  ordered  l)y  the  senate  or  house 
of  representatives,  or  by  the  concurrent  order  of  the  two 
branches,  a  sum  not  exceeding  forty-five  thousand  dolUirs. 
.  For  stationery  for  the  senate,  purchased  by  the  clerk  of 
the  senate,  a  sum  not  exceeding  one  thousand  dollars. 

For  printing  l^lanks  and  circulars  and  the  calendar  of 
orders  of  the  day  for  the  use  of  the  senate,  a  sum  not 
exceeding:  one  thousand  two  hundred  dollars. 

For  stationery  for  the  house  of  representatives,  pur- 
chased by  the  clerk  of  the  house  of  representatives,  a  sum 
not  exceeding  two  thousand  dollars. 


1874.— Chapter  21.  23 

For  printing  blanks  and  circulars  and  the  calendar  of  ^"^j^^g''^^^' 
orders  of  the  day  for  the  use  of  the  house  of  representa- 
tives,  a  sum  not  exceeding  one  thousand  five  hundred 
dollars. 

For  books,  stationery,  printing  and  advertising,  ordered  ortoJdby  ^'^'' 
by  the    sers^eant-at-arms   for   the    leo:islature,  a  sum  not  sergeant-at- 
exceedins:  one  thousand  dollars. 

For  posta2:e,  printino-  and  stationery  for  the  srovernor  Postage,  &c., for 

io'i  ~  ,.  \  Till  governor  and 

and  council,  a  sum  not  exceeding  one  thousand  dollars.        council. 
For  the  contino^ent  expenses  of  the  o-overnor  and  conn-  contingent  ex- 

O^l  O  TTii  pensesoftne 

cu,  a  sum  not  exceeding  one  thousand  five  hundred  dollars,  council. 

STATE    HOUSE. 

For  fuel  and  lio-hts  for  the  state  house,  a  sum  not  exceed-  state  house— 

,,  -i*^,     „  fuel  and  lights. 

mg  SIX  thousand  dollars. 

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

For  contino^ent  expenses  of  the  senate  and  house  of  rep-  Contingent  ex- 

,     ,.  ",  .  Tijjiv,       penses  of  senate 

resentatives  and  necessary  expenses  in  and  about  the  state  and  house  of 
house,  a  sum  not  exceeding  five  thousand  dollars  :  provided^  representauves. 
that  no  part  of  such  sum  shall  be  expended  for  stationery, 
postage,  printing,  repairs  or  furniture,  or  for  the  purchase 
of  any  article  or  thing,  or  to  eflect  any  object  for  which  an 
appropriation  is  otherwise  made  in  this  act  or  in  any  other 
act  which  may  be  subsequently  passed. 

HOUSE   NO.  33   PEMBERTON   SQUARE. 

For  rent  of  house  number  thirty-three  Pemberton  square,  Rent  of  no.  33 
and  for  expenses  connected  therewith,  a  sum  not  exceeding  '^'^'^^^^'^^  ^^■ 
ten  thousand  dollars. 

STATE    PRINTING. 

For  printing  such  number,   not   exceeding   thirty-five  Printing  general 
thousand,  of  the  pamphlet  edition  of  the  general  acts  and  ^^^^' 
resolves  of  the  present  year,  for  distribution  in  the  Com- 
monwealth, a  sum  not  exceeding  eleven  thousand  dollars. 

For  printing  and  binding  four  thousand  five  hundred  ^.""*'"^.f"'^ 
copies  of  the  "  blue  book "  edition  of  the  acts  and  resolves  bwk."^ 
of  the  present  year,  with  the  governor's  message  and  other 
matters,  in  the  usual  form,  a  sum  not  exceeding  seven 
thousand  five  hundred  dollars. 

For  the  newspaper  publication  of  the  general  laws,  and  Newspaper 
all  information  intended  for  the  public,  a  sum  not  exceed-  general  laws. 
ino-  five  hundred  dollars. 


24 


1874.— Chapter  21. 


Public  docu- 
ments. 


Binding. 
Term  reports. 


Supplement  to 

General  Stat- 
utes. 


For  printing  the  public  series  of  documents  in  the  hist 
quarter  of  the  year  eighteen  hundred  and  seventy-four, 
under  the  direction  of  the  secretary  of  tlie  Commonwealth, 
and  for  binding  the  copies  to  be  distributed  to  the  towns 
and  cities,  a  sum  not  exceeding  thirty  thousand  dollars. 

For  term  reports,  a  sum  not  exceeding  live  thousand 
dollars. 

For  the  publication  and  editing  of  the  supplement  to  the 
General  Statutes  for  the  present  year,  a  sum  not  exceed- 
ing five  hundred  dollars  for  the  publication  and  two  hun- 
dred dollars  for  editing  the  same. 


Incidendal  ex- 
penses— 
Secretary. 


Treasurer. 


Tax  commis- 
sioner. 


Auditor. 


Insurance  com- 
missioner. 


Attorney-gen- 
eral. 


Civil  actions. 


INCIDENTAL    AND    CONTINGENT    EXPENSES. 

For  incidental  expenses  of  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  three  thou- 
sand five  hundred  dollars. 

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

For  expenses  of  the  tax  commissioner,  a  sum  not 
exceeding  four  thousand  dollars. 

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

For  incidental  and  contingent  expenses  of  the  insurance 
commissioner,  a  sum  not  exceeding  two  thousand  seven 
hundred  dollars. 

For  fees,  costs  and  expenses  of  the  attorney-general, 
and  for  incidental  and  contingent  expenses  of  the  attorney- 
general's  office,  a  sum  not  exceeding  two  thousand  dollars. 

For  the  contingent  expenses  of  civil  actions,  a  sum  not 
exceedinof  three  hundred  dollars. 


Adjutant-gen- 
eral,  incidental 
expenses. 


Militia  bounty. 


Military  ac- 
counts. 


Quartermaster- 
general. 


MILITARY. 

For  the  incidental  expenses  and  express  charges  of  the 
adjutant-general,  a  sum  not  exceeding  four  thousand  dol- 
lars. 

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

For  military  accounts,  a  sum  not  exceeding  seven  thou- 
sand dollars. 

For  expenses  of  the  bureau  of  the  quartermaster-gen- 
eral, a  sum  not  exceeding  five  thousand  dollars. 


1874.— Chaptek  21.  25 

For  the  rent  of  armories  and  headquarters,  a  sum  not  Rentofarmo- 
exceeding  thirty-nine  thousand  dollars. 

For  the  transportation  of  troops,  a  sum  not  exceeding  Transportation. 
fourteen  thousand  five  hundred  dollars. 

For  quartermasters'  supplies,  a  sum  not  exceeding  fifteen  ^"  pJfeT'''**^^^' 
thousand  dollars. 

For   instruction,    orderly   and   roll-books,    a   sum    not  Books  of  in- 

1T1T11  struction. 

exceednig  three  hundred  dollars. 

For  uniforms  of  the  volunteer  militia,  a  sum  not  exceed-  uniforms. 
ing  one  hundred  and  ninety-five  thousand  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  contin-  Mecncai  sup- 
gent  expenses  connected  therewith,  the  same  being  for  use  ^^'^*' 
of  the  state  militia,  a  sum  not  exceeding  five  hundred  dol- 
lars. 

For   expenses    of    the   commissioner   on   the    soldiers'  commissioner 
national  cemeteries  at  Gettysburg  and  Antietam,  a  sum  cemeteries. 
not  exceeding  fifty  dollars. 

For  the  reimbursement  of  cities  and  towns,  for  money  Reimbursement 
paid  on  account  of  aid  to  Massachusetts  volunteers  and  p°,'id%'''citie8 
their  families,  a  sum  not  exceeding  five  hundred  thousand  ^^^'^  to"*^"^- 
dollars  ;  the  same  to  be  payable  on  the  first  day  of  Deceni- 
ber,  in  the  year  eighteen  hundred  and  seventy-four. 

For  the  payment  of  state  aid,  as  authorized  in  sundry  state  aid  under 
special  acts  and  resolves,  a  sum  not  exceeding  two  hun-  ^p'^"^^'*^^- 
dred  dollars. 

For  the  payment  of  bounties  remaining  due  to  Massa-  soidiers'  boun- 
chusetts    soldiers,   a   sum    not   exceeding   one   thousand  ^^^^' 
dollars. 

AGRICULTURAL. 

For  bounties  to  agricultural  societies,  a  sum  not  exceed-  Bounties  to 

•    1,  j-i  iTii  societies. 

lug  eighteen  thousand  dollars. 

For  the  perso^ial  expenses  of  members  of  the  board  of  Personal  ex- 
agriculture,  a  sum  not  exceeding  one  thousand  five  hun-  bers^of  bo'IiT" 
dred  dollars. 

For  the  travelling  expenses  of  the  secretary  of  the  board  secretary  of  the 
of  agriculture,  all  postages  and  necessary  expenses,  a  sum 
not  exceeding  two  hundred  and  fifty  dollars. 

For  other  incidental  expenses  of  the  board  of  agricult-  incidental  ex- 
ure,  a  sum  not  exceeding  one  hundred  and  fifty  dollars.      ^''"'"'*" 

For  printing   the   report  of  the  board  of  agriculture,  Printing  report. 
a  sum  not  exceeding  ten  thousand  dollars. 


26  1874.— Chapter  22. 


MISCELLANEOUS. 

Distribution  of        ^o  the  sliei'iffs  of  the  several  counties,  for  distributhio- 

by  sheriffs.  proclamations,  blanks  and  making  returns  of  votes,  a  sum 
not  exceeding  five  hundred  dollars. 

ubraryf""^  ^'''^''  ^"^'  ^^^®  purchasc  of  books  for  the  state  library,  two 
thousand  three  hundred  dollars,  to  be  expended  under  the 
direction  of  the  trustees  and  librarian. 

Railroad  com-  For  the  compeusatioii  of  experts  or  other  agents,  for 
rent  of  office  and  for  contingent  expenses  of  the  railroad 
commissioners,  a  sum  not  exceeding  three  thousand  dollars. 

Commissioners        For  thc  compeiisatioii  of  the  commissioners  on  public 

'  lands,  a  sum  not  exceeding  two  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  ajiplied  and  used 

in  accordance  with  the  statutes. 

Commissioners       For  the  coiupeiisatioii  aud  expenses  of  the  commission- 
on  fisheries,  n  1      •  T       n 

ers  on  fisheries,  a  sum  not  exceeding  five  thousand  dollars. 

Board  of  health.      For  the  cxpciises  of  the  board  of  health,  a  sum  not 


exceeding  five  thousand  dollars. 
Commissioners       For  Gxiieiises  of  the  commissiouer  of  corporations,  a 

of  corporations.  .*■  -,.  .,  I'l  iiin 

sum  not  exceeding  one  tliousand  six  hundred  dollars. 
SonerJ  '^°"^™*^"      For  the  compensation  and  expenses  of  the  harbor  coin- 
missioners,  a  sum  not  exceeding  eleven  thousand  seven 
hundred  aud  fifty  dollars. 

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

Approved  February  18,  1874. 

CllCip.  '2i2i.   -A-N  -'^CT  TO    EXTEND    THE   TIME   ALLOWED    CERTAIN   FIRE    INSURANCE 
COMPANIES  FOR  INCREASING   THEIR  CAPITAL  STOCK. 

Be  it  enacted^  &c.,  as  follows: 
Time  extended  SECTION  1.  Scctiou  sixtceii  of  chapter  three  hundred 
capital  stockr  and  scvcuty-five  of  the  acts  of  eighteeji  hundred  and 
seventy-two,  is  so  far  amended  that  fire  insurance  corpora- 
tions or  associations  of  any  other  state  or  country  doing 
business  in  this  state  at  the  close  of  the  year  eighteen 
hundred  and  seventy-three,  which  are  now  prohibited  from 
doing  business  in  this  state,  solely  on  account  of  the 
amount  of  their  capital  stock,  may,  by  a  full  compliance 
with  all  other  laws  in  force  December  thirty-first,  eighteen 
hundred  and  seventy-three,  do  business  in  this  state  until 
October  first,  eighteen  hundred  and  seventy-four. 

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

Aj^proved  February  18,  1874. 


1874.— Chapters  23,  24,  25.  27 

An  Act  to  change  the  name  of  the  evangelical  society  in  Chap.'2i^. 

LEOMINSTER. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  name  of  the  Evangelical  Society  in  Name  changed. 
Leominster  is  changed  to   the   Orthodox  Congregational 
Society  in  Leominster. 

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

Approved  February  20, 1874. 

An  Act  to  incorporate  the  kellogg  steam  power  company  op  C/lCip.  24. 

PITTSFIELD. 

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

Section  1.     Ensign  H.   Kellogg,   S.   W.   Bowerman,  corporation. 
N.   G.  Brown,  Daniel  Sprague,  James  H.  Butler,  E.  D. 
Jones,  David  A.  Clary,  their  associates  and  successors, 
are  made  a  corporation  by  the  name  of  The  Kellogg  Steam  pgg'^.'' ^°^  p"""" 
Power  Company,  for  the  purpose  of  erecting  and  main- 
taining in  the  town  of  Pittsfield,  one  or  more  buildings 
furnished  with  steam  power  to  be  rented  for  manufacturing 
and  mechanical  purposes  ;  with  all  the  powers  and  privi-  J"^^''/*  ''"^ 
leges,  and  subject  to  all  the  duties,  liabilities  and  restric- 
tions  set  forth   in  all  general  laws,  now  or  hereafter  in 
force,  applicable  to  such  corporations. 

Section  2.     Said  corporation  may  hold  for  the  purposes  Reaiandper- 

,.  .,  ,  ,  1         A    J  ±.  T'l  sonal  estate  not 

atoresaid,  real  and  personal  estate,  not  exceeding  in  value  exceeding 
three  hundred  and  tifty  thousand  dollars.  $350,000. 

Section  3.     The  capital  stock  of  said  corporation  shall  audshares.°^ 
not  exceed  three  hundred  and  fifty  thousand  dollars,  to  be 
divided  into  shares  of  one  hundred  dollars  each. 

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

Approved  February  20,  1874. 

An  Act  TO  AUTHORIZE  the  society   op  oblate  fathers   for  MIS-    \jll<X'p.2ib. 
SIONS  AMONG  THE  POOR  TO  HOLD  ADDITIONAL  ESTATE. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     The  Society  of  Oblate  Fathers  for  Missions  May  hold  ad- 
amoug  the  Poor,   a  body  corporate,   may  hold  real  and  personaustate! 
personal  estate  in  the  city  of  Lowell,  necessary  for  the 
purposes  of  the  organization,  to  an  amount  not  exceeding 
one  hundred  and  fifty  thousand  dollars,  in  addition  to  the 
estate  said  body  corporate  is  now  allowed  by  law  to  hold. 

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

Approved  February  20,  1874, 


28 


1874.— Chapter  26. 


Chap.  26. 


Capital  stock 
and  shares. 


If  act  is  accept- 
ed, certificate  to 
be  recorded  in 
registry  of 
deeds. 


Powers  and 
duties. 


Bridgewater 
I  roll  Company. 

Repeal  of  1S66, 
98,  §§  1,  3. 


An  Act  to  establish  the  name  and  fix  the  capital  of  the 

bridgewater  iron  manufacturing  company. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  capital  of  the  corporation  established 
under  the  twentieth  chapter  of  the  acts  of  the  year  eighteen 
hundred  and  twenty-five,  by  the  name  of  the  Bridgewater 
Iron  Manufacturing  Company  is  hereby  fixed  at  the  sum 
of  four  hundred  and  eighty  thousand  dollars,  divided  into 
shares  of  one  thousand  dollars  each,  to  be  divided  among 
its  present  stockholders  in  proportion  to  their  respective 
interests,  subject  to  be  reduced  or  increased  according  to 
the  provisions  of  the  general  laws. 

Section  2.  If  said  corporation,  by  vote  of  a  majority 
in  interest  of  its  stockholders,  at  a  legal  meeting  called 
for  the  purpose,  shall,  within  six  months  from  the  passage 
of  this  act,  vote  to  accept  this  act,  and  shall  within  said 
six  months  cause  to  be  recorded  in  the  registry  of  deeds 
in  the  county  of  Plymouth ,  where  said  corporation  is  estab- 
lished, a  certificate  signed  by  its  president,  treasurer,  clerk 
and  a  majority  of  its  directors,  stating  the  amount  of  its 
debts  and  credits,  and  an  estimate  of  the  value  of  its  real 
and  personal  estate  for  the  purpose  of  carrying  on  its 
business  at  the  time  of  making  such  certificate,  and  that 
the  value  of  its  property,  over  and  above  all  its  debts  and 
liabilities,  is  not  less  than  the  amount  of  its  capital  as  fixed 
by  this  act ;  and  if  said  ofiicers  shall  make  oath  that  they 
have  carefully  examined  the  records  and  accounts  of  said 
corporation,  and  faithfully  estimated  the  value  of  the 
property  and  funds  thereof,  and  that  said  certificate  by 
them  signed  is  true  according  to  their  best  knowledge  and 

o  o  c 

belief,  then  said  corporation^  together  with  its  members 
and  oflUcers,  shall  be  entitled  to  the  same  rights,  privileges 
and  immunities,  and  be  subject  to  the  same  liabilities  and 
provisions  of  law,  as  if  said  corporation  had  been  organ- 
ized under  the  provisions  of  the  two  hundred  and  twenty- 
fourth  chapter  of  the  acts  of  the  year  eighteen  hundred 
and  seventy  with  a  capital  of  four  hundred  and  eighty 
thousand  dollars  fully  paid  in  as  required  by  said  act,  and 
had  duly  made  and  filed  the  certificate  mentioned  in  the 
thirty-second  section  of  said  act. 

Section  3.  Said  corporation  shall  hereafter  be  called 
and  known  by  the  name  of  the  Bridgewater  Iron  Company. 

Section  4.  The  first  and  third  sections  of  the  ninety- 
eighth  chapter  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-six  are  hereby  repealed,  and  all  deeds  and  con- 


1874.— Chapter  27.  29 

veyances  of  real  estate  running  to  or  from,  and  all  con- 
traets,  doings  and  proceedings  had,  made  and  done  in  the 
name  of  the  Bridgewater  Iron  Manufacturing  Company 
since  the  twenty-first  day  of  March  in  the  year  eighteen 
hundred  and  sixty-six,  are  hereby  ratified  and  made  valid 
and  shall  have  the  same  force  and  effect  as  if  they  had 
run  to  and  from,  and  as  if  they  had  been  had,  made  and 
done  in  the  name  of  the  Bridgewater  Iron  and  Copper 
Company,  and  as  if  said  ninety-eighth  chapter  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-six  had  been  accepted 
by  said  corporation. 

Section  5.     Nothing  contained  in  this  act  shall  affect  or  obligations  not 
impair  any  debts   or  obligations   existing  at  the  time  of  *°  ^^  ^tfected. 
recording  said  certificate. 

Sectiox  6.     This  act  shall  take  effect  upon  its  accept-  to  take  effect 

.-,-,..,  T  ,.  upon  accept- 

ance as  provided  in  the  second  section.  ance. 

Approved  February  25,  1874. 
Ax  Act  to  authorize  the  city  of  boston  to  take  and  hold  Qlia]).^ . 

LAND  AND  OTHER  PROPERTY  FOR  A  LANDING  FOR  THE  EAST  BOSTON 
FERRY-BOATS. 

Be  it  enacted^  &c.,  as  folloivs : 

Sectiox  1.     The  city  of  Boston  may  take  and  hold  by  May  take  land 
purchase  or  otherwise,   so   much  of  the  land,  flats,  docks  EastBostwf  '^^ 
and    wharves,    lying    easterly    of    Atlantic    avenue    and  ^'-'"y-^"'*'^- 
between  Commercial  wharf  and  India  wharf,  as  it  may 
deem  necessary  for  the  purposes  of  a  landing  for  the  East 
Boston  ferry-boats,  for  the  erection  of  such  buildings  and 
other  structures  as  may  be  necessary  or  suitable  to  such 
lauding  and  for  convenient  access  thereto  :  provided,  that  Proviso. 
so  much  of  said  property  as  cannot  be  obtained  by  pur- 
chase shall  be  taken  by  said  city  of  Boston  within  two 
years  from  the  passage  of  this  act. 

Section  2.     The  city  of  Boston,  within  sixty  days  from  Tofiieade- 
the  time  when  it  takes  any  parcel  or  parcels  of  land,  flats,  land  in°tiie  rV 
docks  or  wharves  under  this  act,  shall  file  in  the  office  of  J^try  of  deeds. 
the  register  of  deeds  for  the  county  of  Suflfolk,  and  cause 
to  be  recorded,  a  description  of  the  property  so  taken,  as 
certain  as  is  required  in  a  common   conveyance  of  land, 
with  a  statement  of  the  purpose  for  which  it  is  taken, 
which  description  and  statement  shall   be   signed  by  the 
mayor  of  the  city ;  and  the  city  of  Boston  shall  be  liable  ^^'^"gei7°' 
to  pay  all  damages  that  may  be  sustained  by  any  person 
or  persons  by  reason  of  the  taking  of  the  property  afore- 
said ;  such  damages  to  be  ascertained  and  determined  in 


30  1874.— Chapters  28,  29. 

the  manner  provided  for  ascertaining  and  determining 
damages  in  case  of  laying  out,  altering  or  discontinuing 
ways  within  the  said  city  of  Boston. 

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

Approved  Febniafy  25,  1874. 

Chap. 28.  An  Act  in  relation  to  treasurers  and  collectors  of  taxes  in 

CITIES. 

Be  it  efzackd,  &c.,  as  folloios : 
City  treasurers        Section  1.     Citv  trcasurei's  as  collectors  of  taxes  may 

may  appoint  .  "^  i/.     ii  inii 

deputy  collect-  appoiut,  suDjcct  to  tlic  approval  oi  the  board  of  aldermen, 
such  deputy  collectors  of  taxes  as  they  may  from  time  to 
time  deem  expedient,  who  shall  give  bonds  for  the  faithful 
discharge  of  their  duties  in  such  sums  as  the  board  of 
aldermen  may  from  time  to  time  prescribe,  and  such 
deputies  shall  have  the  same  powers  as  collectors  of  taxes 
in  towns. 

Treasurers  may      Section  2.     Said  trcasurci's  may,  as  collectors  of  taxes 

issue  warrants      .  ,      ,  /. 

for  collection  of  issuc  their  wari'auts  to  the  sheriffs  of  their  respective 
counties,  or  their  deputies,  or  to  tlfe  constables  of  their 
respective  cities,  returnable  in  thirty  days,  requiring  them 
to  collect  any  or  all  taxes  due,  and  such  warrants  shall  be 
in  substance  the  same  and  confer  the  same  and  like  powers 
as  warrants  issued  by  assessors  to  collectors. 

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

A2)provcd  February  25,  187-4. 

Chap.^Q.  An  Act  concerning  street  railway  corporations. 

Be  it  enacted,  &c.,  as  foHotvs: 
Fifteen  persons       Section  1.     Auy  number   of   persons,  not   less   than 

may  associate  .''  ^  '  .,. 

together,  by       tiiteeu,  iiiay  associate  themselves  tosfether  by  articles  in 

articles  in  writ-  ...  •. .       .\         •     ,        x-  /•/••''  j_-  !• 

ing,  tofoima  Writing,  With  tlio  uiteiition  ot  torming  a  corporation  tor 
corp^oratiiu."^  the  purposc  of  locatiug,  constructing,  maintaining  and 
operating  a  street  railway  for  pul^lic  use  in  the  conveyance 
of  persons  ;  and,  upon  complying  with  the  provisions  of 
section  eight  of  this  act,  shall,  with  their  associates  and 
successors,  be  and  remain  a  corporation,  with  all  the 
powers  and  privileges,  and  subject  to  all  the  duties,  liabil- 
ities and  restrictions  set  forth  in  all  general  laws  which 
now  or  hereafter  may  be  in  force  relating  to  street  railway 
corporations,  except  as  is  herein  otherwise  provided. 
Articles  to  set         Section  2.     The  ai'ticlcs  of  associatiou  shall  set  forth 

forth  name  of  n     ■,  •  i  •     •        £•  j.!  m 

corporation,       thc  iiamc  01  thc  corporatiou  ;  the  termini  oi  the  railway 

amfunt°ofcapi-  pi'oposcd  to  bc  built ;  its  length,  as  near  as  may  l^e,  and 

tai  stock,  &c.      the  name  of  each  city,  town  and  county  through  or  into 

which  it  will  extend  ;    the  amount  of  the  capital  stock  of 


1874.--~Chapter  29.  31 

the  corporation,  which  shall  not  be  less  than  ten  thousand 
dollars  for  each  mile ;  and  the  names  of  at  least  seven  per- 
sons to  act  as  a  board  of  directors  until  others  are  chosen 
by  the  corporation.  Each  associate  shall  subscribe  to  the 
articles,  his  name,  residence,  post-office  address,  and  the 
numl)er  of  shares  of  stock  which  he  agrees  to  take  ;  but 
no  subscriber  shall  be  bound  to  pay  beyond  ten  per  cent, 
of  the  amount  of  his  subscription,  unless  a  corporation  is 
duly  established  under  the  provisions  of  this  act. 

Section  3.     The  corporate  name  assumed  shall  be  one  Name  assumed 
not  in  use  by  any  other  street  railway  corporation  in  this  used  by^any^ 
state,  shall  contain  the  words  "  street  railway  company  "  at  rluway!^^*^^ 
the  end  thereof,  and  shall  be  changed  only  by  act  of  the 
legislature. 

Section  4.     The  directors  shall  be  subscribers  to  the  Directors  to  be 

,•    1  n  "x-  1  '       'J.  i»xi  1111        subscribers  to 

articles  ot  association,  and  a  majority  ot  them  shall  be  articles  of  asso- 
inhabitants  of  the  cities  and  towns  in  which  said  railway  "''*'°°- 
may  be  located.     They  shall  appoint  a  clerk,  to  keep  a 
record  of  their  doings,  and  a  treasurer,  who  shall  hold 
their  respective  offices  until  a  clerk  and  treasurer  of  the  cierk  and 
corporation  are  chosen.     The  directors  shall  fill  any  va- 
cancy in  their  board,  or  in  the  office  of  clerk  or  treasurer, 
caused  by  resignation,  death  or  other  disability. 

Section  5..  The  directors  shall  cause  a  copy  of  the  Articles  of  asso- 
articles  of  association  to  be  published  in  one  or  more  pubiis"hed!'*^ 
newspapers  in  each  county  in  which  the  road  is  proposed 
to  be  located,  at  least  once  a  week  for  three  successive 
weeks,  before  proceeding  to  fix  the  route  of  said  road. 
The  sworn  certificate  of  the  clerk  shall  be  evidence  of  the 
publication. 

Section  6.  The  board  of  aldermen  of  any  city,  or  the  Location  of 
selectmen  of  any  town,  ma}^  upon  the  petition  of  such  ^'^''^'^^^• 
directors,  or  a  majority  thereof,  locate  the  tracks  of  such 
proposed  corporation  within  their  respective  jurisdictions  : 
provided,  that  before  proceeding  to  locate  such  tracks,  they 
shall  give  notice  to  all  parties  interested,  by  publication 
in  such  newspapers,  or  otherwise,  as  they  may  determine, 
at  least  fourteen  days  before  their  meeting,  of  the  time  and 
place  at  which  they  will  consider  such  location.  After  a 
hearing  of  all  parties  interested,  they  shall  pass  an  order 
refusing  such  location,  or  granting  the  same,  or  any  portion 
thereof,  under  such  restrictions  as  they  deem  the  interests 
of  the  public  may  require ;  and  the  location  thus  granted 
shall  be  deemed  and  taken  to  be  the  true  location  of  the 


32 


1874.— Chapter  29. 


When  tracks 
are  located,  &c. 
certificates  and 
map  of  route  to 
be  deposited 
with  raih-oad 
commissioners. 


Certificate  to  be 
issued  by  com- 
missioners, 
when  require- 
ments  of  law 
have  been  com- 
plied with. 


Articles  of  asso- 
ciation to  be 
filed  in  secre- 
tary's office. 


tracks  of  the  corporation,  if  its  acceptance  thereof  in 
writing  is  filed  with  said  mayor  and  aldermen  or  selectmen 
within  thirty  days  after  receiving  notice  thereof. 

Section  7.  When  the  track  or  tracks  of  the  proposed 
corporation  have  been  located  as  provided  in  section  six  of 
this  act,  and  when  the  amonnt  of  capital  stock  named  in 
section  two  has  been  subscribed  to  the  articles  of  associa- 
tion in  good  faith  by  responsible  parties,  and  at  least  ten 
per  cent,  of  the  par  value  of  each  and  every  share  thereof 
actually  paid  in  cash  to  the  treasurer  of  the  association, 
the  directors,  clerk  and  treasurer  shall  endorse  upon  the 
articles  of  association,  or  annex  thereto,  their  certificate, 
setting  forth  these  facts,  and  that  it  is  intended  in  good 
faith  to  locate,  construct,  maintain  and  operate  the  street 
railway  fixed  as  aforesaid,  and  shall  also  annex  to  said 
articles  said  certificate  of  publication  and  a  certificate 
locating  the  tracks  of  said  street  railway  by  the  board 
of  aldermen  or  selectmen,  and  shall  present  the  same  to 
the  railroad  commissioners,  together  with  a  map  of  the 
proposed  route,  on  an  appropriate  scale ;  and  said  map 
shall  be  deposited  with  said  commissioners. 

Section  8.  Whenever  it  is  shown  to  the  satisfaction  of 
the  board  of  railroad  commissioners  that  the  requirements 
of  this  act,  preliminary  to  the  establishment  of  the  corpora- 
tion, have  been  complied  with,  the  clerk  of  said  board, 
ujjon  their  order,  shall  endorse  upon  the  articles  of  associ- 
ation or  annex  thereto,  a  certificate,  setting  forth  the  fact 
that  the  requirements  of  the  law  appear  to  have  been  com- 
plied with.  The  directors  shall  thereupon  file  the  articles 
of  association,  with  all  the  certificates  endorsed  thereon  or 
annexed  thereto,  in  the  office  of  the  secretary  of  the  Com- 
mouAvealth ;  who,  upon  the  payment  to  him  of  fifty  dol- 
lars, shall  record  the  same  in  a  book  to  be  kept  for  that 
purpose,  and  shall  issue  a  certificate  substantially  in  the 
followino:  form ; — 


Commonwealth  of  Massachusetts. 
Certificate  to  be      Be  it  known  that  whereas  [names  of  the  subscribei'S  to  the  articles 
secretary  of  the    °^  association]  have  associated  themselves  with  the  intention  of  form- 
Commonwealth,  ing  a  corporation  under  the  name  of  the  [name  of  the  corj^oration] 
for  the  purpose  of  locating,  constructing,  maintaining  and  oi^erating 
a  street  railway  [description  of  the  road  as  in  the  articles  of  associa- 
tion] and  have  complied  with  the  statutes  of  this  Commonwealth  in 
such  cases  made  and  provided ;  now  therefore,  I  [name  of  the  secre- 
tary]  secretary  of  the  Commonwealth  of  Massachusetts,  do  hereby 
certify  that  the  persons  aforesaid,  their  associates  and  successors,  are 


1874.— Chapter  29.  33 

legally  established  as  a  coriDOvation,  under  the  name  of  the  [name  of 
corporation] ,  ^Yith  all  the  powers  and  privileges,  and  subject  to  all  the 
duties,  liabilities  and  restrictions  set  forth  in  all  general  laws  which 
now  are  or  hereafter  may  be  in  force  relating  to  street  railway  cor- 
porations. 

In  witness  whereof,  I  have  hereunto  subscribed  my  oiScial  signa- 
ture, and  affixed  the  seal  of  said  Commonwealth,  this  day  of 
in  the  year                                           [Day,  month  and  year.] 

The  certificate,  so  executed,  shall  be  recorded  with  the 
articles  of  association ;  and  the  original  certificate,  or  a 
duly  certified  copy  of  the  record  thereof,  shall  be  conclu- 
sive evidence  of  the  establishment  of  the  corporation  at 
the  date  of  such  certificate.     All  moneys  received  by  the  Fees-to  be  paid 

,  -I         ,!•  ,.  ini        •iii'i*  into  the  treas-   . 

secretary  under  this  section,  shall  be  included  in  his  quar-  ury. 
terly  return  of  fees,  and  paid  into  the  treasury. 

Section  9.  The  first  meeting  of  the  corporation  shall  fororatton°^°^ 
be  called  by  a  notice  signed  by  a  majority  of  the  directors, 
stating  the  time,  place  and  purpose  of  such  meeting ;  and 
the  clerk  shall,  seven  days  at  least  before  the  day  appointed 
therefor,  deliver  to  each  subscriber,  or  cleave  at  his  usual 
place  of  business  or  residence,  or  deposit  in  the  post- 
office,  prepaid,  and  directed  to  him  at  his  post-office  ad- 
dress, a  copy  of  such  notice.  The  clerk  shall  make  an 
affidavit  of  his  doings  in  regard  thereto,  which  shall  be 
recorded  with  the  records  of  the  corporation. 

Section  10.     No  other  street  railway  corporation  shall  No  other  street 

111  1  1  1        /•  rmlwav  to  take 

subscribe  tor,  take  or  hold  any  stock  or  bonds  ot  any  street  stock  or  bonds 
railway  corporatiou    organized    under  this    act,  whether  organized  under 
directly  or  indirectly,  unless  specially  authorized  by  the  ^'^^^  ^°^' 
legislature. 

Section  11.     The  board  of  aldermen  of  any  city  and  Location  of 

,  ,  .  \  ''  tracks  may  be 

the  selectmen  ot  anv  town  may,  irom  time  to  time,  upon  extended  by 

J-,-  ii         •  ■"     1  J  J  M  permission  of 

petition,  authorize  and  empower  any  street  railway  corpo-  aldermen  and 
ration,  its  lessees  and  assigns,  whose  charter  has  been  duly  ^'^i^<^*'^™- 
accepted,  and  whose  tracks  have  been  located  and  con- 
structed, to  extend  the  location  of  its  tracks  within  the 
territorial  limits  of  such  city  or  town,  whenever  it  can  be 
done  without  entering  upon  or  using  the  tracks  of  any 
other  street  railway  corporation,  under  such  restrictions  as 
they  deem  the  interests  of  the  public  may  require.  And 
the  location  thus  authorized  shall  be  deemed  and  taken  to 
be  the  true  location  of  the  tracks  of  the  corporation,  if  its 
acceptance  thereof,  in  writing,  is  filed  in  the  office  of  the 
clerk  of  such  city  or  toAvn  within  thirty  days  after  receiv- 
ing notice  thereof.     Before  acting  upon  the  petition,  notice 


34 


1874.— Chapter  29. 


Tracks  of  other 
roads  may  be 
used  under 
authority  from 
aldermen  and 
selectmen. 


Use  of  tracks 
and  number  of 
cars  to  be  run 
to  be  regulated 
by  aldermen 
and  selectmen. 


Where  track 
sought  to  be 
used  is  in  two 
or  more  towns, 
and  agreement 
is  not  made,  the 
matter  to  be 
determined  by 
commissioners. 


Increase  of  cap- 
ital stock  may 
be  allowed  by 
commissioners. 


of  the  time  and  place  of  hearing  shall  he  given  to  all  par- 
ties interested  by  publication  at  least  fourteen  da3'S  prior 
thereto,  in  such  newspapers  or  otherwise  as  the  board  of 
aldermen  or  selectmen  may  determine. 

Section  12.  Whenever  the  board  of  aldermen  of  any 
city,  or  the  selectmen  of  any  town,  after  due  notice  and 
hearing,  shall  decide  that  public  necessity  and  convenience 
so  require,  they  may  authorize  and  empower  any  street 
railway  corporation,  its  lessees  and  assigns,  whose  tracks 
have  been  duly  located  in  such  city  or  town  and  who  own 
and  operate  not  less  than  two  consecutive  miles  of  track, 
to  enter  upon  and  use  with  its  horses  and  cars,  within 
defined  limits,  the  tracks  of  any  other  street  railwaj^  cor- 
poration therein,  which  it  may  meet  or  cross,  subject  to  the 
provisions  of  law  relating  to  such  entry  and  use. 

Section  13.  The  board  of  aldermen  or  selectmen  may, 
from  time  to  time,  make  such  regulations  as  to  the  manner 
and  extent  of  use  of  tracks  and  the  number  and  routes  of 
cars  of  any  and  all  companies  running  pver  the  same  within 
their  city  or  town,  as  the  inter,ests  of  public  travel  shall 
require. 

Section  14.  Where  the  track,  operated  by  a  corpora- 
tion, seeking  to  enter  upon  and  use,  or  sought  to  be  entered 
upon  and  used  by  another  under  the  provisions  of  section 
twelve  of  this  act,  is  in  two  or  more  cities  or  towns,  and 
the  selectmen  or  boards  of  aldermen  of  such  cities  or 
towns  are  unable  to  agree  as  to  the  public  necessity  for 
such  entrance  and  use,  the  board  of  railroad  commission- 
ers shall,  upon  the  petition  of  either  corporation,  and  after 
due  hearing,  decide  whether  such  entry  and  use  is  required 
on  grounds  of  public  convenience  and  necessity,  and  de- 
termine the  extent  of  use  of  tracks,  and  the  number  and 


routes  of  cars  ; 
final. 

Section  15. 
pany,   on  beinff 


and  the  decision  of  said  board  shall  be 


The  directors  of  any  street  railway  com- 
thereto  duly  authorized  by  their  stock- 
holders, may  from  time  to  time  petition  the  board  of 
railroad  commissioners  for  such  increase  of  capital  as  may 
be  necessary  for  the  purposes  of  the  company,  beyond  the 
amount  fixed  and  limited  by  its  articles  of  association,  or  by 
the  acts  of  the  legislature  concerning  the  same,  and  upon 
such  petition,  after  an  examination  of  the  assets  of  the  com- 
pany and  its  liabilities  other  than  capital  stock,  and  a  hear- 
ing of  the  petitioners,  the  board  of  railroad  commissioners 


1874.— Chapters  30,  31,  32.  35 

may  allow  such  necessary  increase  as  they  may  see  fit,  to 

an  amount  which  shall  not  exceed  the  value  of  the  property 

of  the  company,  and  a  certificate  showing  the  amount  of  i^^reasftou 

such  increase  shall  forthwith  be  filed  in  the  oflice  of  the  f^^^?,^"^^^^!- 

secretary  of  the  Commonwealth. 

Section  16.     This  act  shall  take  effect  upon  its  passage. 

Approved  February  26,  1874. 

An  Act  to  extend  the  time  for  locating  and  constructing  ChciJ). 30. 

THE   BOSTON,   BARRE  AND   GARDNER    RAILROAD   IN    THE   TOAVN   OF 
WINCHENDON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  time  allowed  to  the  Boston,  Barre  and  J.^^^°J^}^1^- 

'  ,        tion  and  con- 

Gardner  Railroad  Corporation  to  locate  and  construct  its  strucuon  ex- 
railroad  and  connect  the  same  with  the  Monaduock  Rail- 
road, in  the  town  of  Winchendon,  is  extended  to  the  first 
day  of  July,  eighteen  hundred  and  seventy-seven. 

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

Ap2)roved  February  26, 1874. 

An  Act  to  change  the  name  of  the  cate  national  horse-  (7Affl?.31. 

SHOE   company. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The    Cate   National    Horseshoe  Company  Name  changed. 
shall  hereafter  be  called  and  known  as  the  National  Horse- 
shoe Company. 

Section  2.     This  act  shall  take  efi*ect  upon  its  passage. 

Apjjroved  February  28,  1874. 

An  Act  to  extend  the  charter  of  the  quinct  mutual  fire  Ohcip.32. 

insurance    COilPANY    AND    TO    AUTHORIZE    THE    SAME    TO    HOLD 
REAL  ESTATE. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  The  charter  of  the  Quincy  Mutual  Fire  charter  ex- 
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  gen- 
eral laws  which  now  are  or  hereafter  may  be  in  force  and 
applicable  to  such  corporations. 

Section  2.     The  said  company  may  purchase  and  hold  Real  estate  not 

-,  t     1        •        /-\    ••  it/  J    r  ■  ^  exceediug 

real  estate  in  Quincy  to  an  amount  not  exceeding  fifty  $50,000. 
thousand  dollars,  to  be  used  wholly  or  in  part  for  the  busi- 
ness purposes  of  said  company. 

Ajyjyroved  February  28,  1874. 


36  1874.— Chaptees  33,  34. 

Chcip.SS.  ^'^  Act  to  authorize  the  withdrawal  of  appeals  in  crim- 
inal CASES. 
Be  it  e7iacied,  &c.,  asfolloios : 
^pe^rSTa'"^        Section  1.     Au  appellant  from  the  judgment  of  a  muni- 
^j^niing^cjise      cipal,  i^oHce  or  district  court  or  trial  justice  in  any  crim- 
mitted  by  the     inal  proceeding  may,  at  any  time  before  the  copy  of  the 
from,  at  any^     proccediugs  iu  thc  case  has  been  transmitted  to  the  clerk 
ofproceedingP  of  the  court  appealed  to,  come  personally  into  the  court 
muted?"  *'^^°*"  ^^"^^^  the  judgment  of  which  such  appeal  was  taken,  and 
upon  motion  made,  be  permitted  by  such  justice  or  court 
at  its  discretion,  to  withdraw  his  appeal  and  abide  by  the 
sentence  of  the  court  therein,  whereupon  said  court  shall 
order  that  the  appellant  comply  with  the  sentence  appealed 
from  in  the  same  manner  as  if  it  were  then  first  imposed, 
and  thereupon  the  sureties  who  had  recognized  with  the 
appellant  upon  his  recognizance  to  prosecute  his  appeal 
shall  be  discharged. 
produced'in°  ^^      Section  2.     If  any  such  appellant  is  detained  in  jail 
todrof  jaHer."    ^^^  Want  of  surctics  to  prosecute  his  appeal,  he  may  notify 
the  jailer  of  his  desire  to  avail  himself  of  the  provisions 
of  this  act,  who  shall,  as  soon  as  may  be  thereafter,  cause 
such  appellant  to  be  produced  before  the  justice  or  court 
from  which  his  appeal  was  taken,  whereupon  the  same 
proceedings  may  be  had  as  are  provided  in  the  first  sec- 
tion of  this  act. 
Costs  allowed         Section  3.     Thd'c    shall  be  allowed  and  paid  to  the 

to  jailer.  ..,.,,.  .,  ti/>i 

jailer  tor  his  costs  in  the  conveyance  and  custody  or  the 
appellant,  as  provided  in  the  second  section  of  this  act, 
compensation  at  the  same  rate  as  is  now  allowed  by  law 
to  ofiicers  serving  a  mittimus,  the  same  to  be  taxed  and 
paid  as  part  of  the  costs  of  prosecution. 

Apx)TOved  February  28,  1874. 

CllClT).^^.  An  Act  to  change  the  time  for  holding  the  terms  of  the 

SUPERIOR  COURT  IN  THE  COUNTY  OF  DUKES  COUNTY. 

Be  it  enacted,  &c.,  as  follows: 
Terms  of  8upe.       Xhc  tcmis  of  the  supcrior  court,  now  required  bylaw 

nor  court  in  iiii  -r-ii  ii-«/r        -i  »»•««- 

Dukes  County,  to  bc  held  at  ±L.dgartowii,  on  the  last  Mondays  of  May  and 
September,  shall  be  held  at  Edgartowu  on  the  last  Tues- 
days of  May  and  September ;  and  all  writs,  processes, 
appeals  and  recognizances  made  returnable  to  the  term  of 
said  court  on  the  last  Monday  of  May  next,  shall  be  re- 
turned to  and  entered  at  the  term  of  said  court  to  be  held 
on  the  last  Tuesday  of  May  next. 

Apx)roved  February  28, 1874. 


1874.— Chaptek  35.  37 

An  Act  to  establish  the  first  district  court  of  southern  Chcip.35. 

MIDDLESEX. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     A  court  is  hereby  established  under  the  First  district 
name  of  the  First  District  Court  of  Southern  ^Middlesex,  ernMidd1e"ex' 
and  the  towns  of  Ashland,  Framingham,  Holliston,  Hop-  estabushed. 
kintou,    Natick,    Sherborn,  Sudbury  and   Way  land  shall 
constitute  a  judicial  district  under  the  jurisdiction  of  said 
court.     Said  court  shall,  except  as  is  hereinafter  provided, 
have  the  same  jurisdiction,  power  and  authority,  shall  per- 
form the  same  duties,  and  be  subject  to  the  same  regula- 
tions as  are  provided  in  respect  to  existing  police  courts 
by  chapter  one  hundred  and  sixteen  of  the  General  Stat- 
utes, and  by  all  general  laws  passed  in  amendment  thereof, 
applicable  to  the  several  police  courts  of  the  Common-  • 

wealth,  and  all  provisions  of  law  relating  to  criminal  and 
civil  proceedings,  the  taxation  of  costs,  the  payment  of 
fines,  the  expenses  of  court,  the  accounting  and  settling 
with  county  and  towns  for  money  paid  into  the  court  as 
forfeitures  or  otherwise,  and  all  other  returns  and  require- 
ments of  law  applicable  to  the  several  police  courts  of  the 
Commonwealth. 

Section  2.     There  shall   be  appointed,  commissioned  [^^^"egfa®,?"^* 
and  qualified,  agreeably  to  the  constitution,  one   justice  tioes  to  be  ap- 
and  two  special  justices  of  said  district  court ;  and  one  of  ^°^"*'^  ' 
said  special  justices  shall  be  appointed,  commissioned  and 
qualified  as  first  special  justice,  and  as  vacancies  occur 
they  shall  be  filled  by  appointment  in  the  same  manner. 
The  justice  of  said  court  shall  receive  an  annual  salary  of  Salary  of  jus- 
sixteen  hundred  dollars,  and  at  the  same  rate  for  any  part 
of  a  year,  to  be  paid  monthly  from  the  treasury  of  the 
Commonwealth,  which  shall  be  in  full  for  all  service  ren- 
dered by  him  as  justice  of  said  court,  or   otherwise  ex 
officio.     The  first  special  justice  shall  officiate  in  case  of 
the  absence  or  other  inability  or  disability  of  said  justice, 
or  when  two  or  more  separate  sessions  shall  be  held  at  the 
same  time,  or  when  there  is  a  vacancy  in  the  office  of 
justice ;  and  in  case  of  the  absence,  inability  or  disability 
of  the  justice,  or  the  first  special  justice,  the  second  special 
justice  may,  upon  request,  officiate.     The  special  justices  compensation 
shall  be  paid  by  the  justice  six  dollars  for  each  day  on  tUl^"'^^ ^''^' 
which  they  may  hold  a  session  of  said  court. 

Section  3.     Two  or  more  sessions  of  said  court  may  be  sessions  of  court 
held  at  the  same  time  ;    and  in  such  case  the  justice  may  ^metiml. 


38 


1874.— Chapter  35; 


Clerk  to  be 
appointed  by 
governor. 


Either  justice 
may  issue  war- 
rants. 


Court  for  crimi- 
nal business  to 
be  held  daily. 


Court  for  civil 
business  to  be 
held  weekly. 


Justice  and 
clerk  not  to  act 
as  counsel. 


Jurisdiction  of 
court. 


retain  to  his  own  use  from  the  fees  received  in  said  coui't 
all  sums  paid  by  him  to  the  special  justice  holding  one  of 
said  sessions. 

Section  4.  A  clerk  of  said  court  shall  be  appointed 
and  commissioned  by  the  governor  for  the  term  of  five 
years,  and  shall  receive  for  annual  salary  and  clerk  hire 
the  sum  of  eight  hundred  dollars,  to  be  paid  monthly  from 
the  treasury  of  the  Commonwealth,  and  shall  faithfully 
perform  all  services  required  by  law  of  the  clerks  of  like 
courts  in  the  Commonwealth,  and  shall  give  bond  in  the 
sum  of  five  thousand  dollars  for  the  faithful  performance 
of  the  duties  of  his  office. 

Section  5.  Either  of  the  justices  of  said  court  may 
issue  warrants  in  all  proper  cases.  No  justice  of  the  peace 
shall  hereafter  be  allowed  any  fees  for  warrants  issued 
within  said  district,  and  all  warrants  issued  shall  be  made 
returnable  before  said  court,  and  no  justice  of  said  court 
shall  receive  any  compensation  besides  his  regular  salary, 
or  allowances  for  making  or  issuing  in  any  capacity  com- 
plaints, warrants,  subpoenas  or  other  process  which  he  is 
by  law  authorized  to  issue,  or  for  any  service  performed 
by  him  in  the  discharge  of  his  official  duties  in  said  court. 

Section  6.  Said  court  shall  be  held  in  that  part  of 
said  Framingham  called  South  Framingham,  for  criminal 
business  daily,  except  on  Sundays  and  legal  holidays,  in 
some  suitable  place  to  be  furnished  by  the  county  of  Mid- 
dlesex, at  nine  o'clock  in  the  forenoon,  and  in  the  afternoon 
whenever  it  appears  expedient  to  the  justice  thereof. 

The  court  shall  be  held  for  civil  business  Aveekly  ;  each 
term  shall  commence  on  Monday,  and  actions  therein  may 
be  continued  to  any  future  day  fixed  for  the  sitting  of  the 
court ;  and  the  court  may  adjourn  for  the  trial  of  any 
case,  civil  or  criminal,  to  any  place  within  said  district 
whenever  the  public  convenience  may  seem  to  the  justice 
thereof  to  render  such  adjournment  expedient. 

Section  7.  The  justice  and  clerk  shall  not  be  retained 
or  employed  as  counsel  or  attorney  in  any  writs,  com- 
plaints or  proceedings  returnable  to  or  pending  in  said 
court,  nor  in  any  suit  which  has  been  examined  therein, 
nor  shall  the  special  justices  be  retained  or  employed  as 
aforesaid,  in  any  matter  tried  before  them  in  said  district 
court. 

Section  8.  Said  court  shall  have  original  and  concur- 
rent jurisdiction  with  the  superior  court  in  the  county  of 


1874.— Chapter  35.  39 

jNIicldlcsex  in  all  civil  actions,  (except  when  the  pleadings 
show  that  the  title  of  real  estate  is  in  issue),  and  proceed- 
ings in  which  the  debt  or  damages  demanded  or  property 
replevied  does  not  exceed  in  amount  or  value  three  hundred 
dollars  ;  and  the  jurisdiction  of  said  court  shall,  when  the 
plaintiff  and  defendant  both  reside  in  the  district,  exclude 
the  jurisdiction  of  municipal  and  police  courts,  justices 
of  the  peace,  and  other  district  courts  ;  provided,  that 
where  there  are  two  or  more  plaintiffs  or  defendants,  or 
one  or  more  trustees,  the  jurisdiction  of  the  court  shall 
not  be  exclusive  unless  all  the  parties  reside  in  the 
district. 

Section  9.     When  one  of  several  defendants  resides  '"^<'"°r<lo^ 

..  ..  .  ^  several  defend- 

within  the  district,  the  writ  issued  by  said  court  may  run  ants  resides  in 
into  any  county,  and  be  served  on  the  other  defendant  or  ma"ru'iUnto 
defendants,  fourteen  days  at  least  before  its  return  day,  in  ^°^'  •=°u°ty. 
like  manner  as  if  issued  by  the  superior  court. 

Section  10.  On  the  return  day  of  the  writ  either  party  Trial  by  jury. 
may  demand  a  trial  by  jury  in  writing,  which  shall  be 
granted  by  said  court.  If  neither  party  demand  a  trial  by 
jury,  the  right  to  have  such  trial  shall  be  taken  to  be 
waived.  The  jury  trial  shall  be  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the 
General  Statutes,  and  the  judgment  of  said  court  in  all 
actions  in  which  the  title  of  real  estate  is  not  put  in  issue 
by  the  pleadings,  shall  be  final,  unless  appeal  is  taken 
therefrom,  or  exceptions  and  appeals  on  matters  of  law  are 
had  as  hereinafter  provided.  And  in  all  civil  actions  in 
said  court,  wherein  the  writ  or  process  is  served  upon  the 
defendant  in  any  county  other  than  Middlesex,  except  as 
above  provided,  if  the  plaintiff  recovers  a  sum  not  exceeding  costs,  if  piain. 
twenty  dollars  for  debt  and  damages,  he  shall  be  entitled  not  exceed  §20.'' 
to  no  costs,  except, as  provided  in  the  following  section, 
but  the  defendant  shall  recover  the  costs  to  which  he 
w^ould  have  been  entitled  had  he  been  the  prevailing  party. 

Section  11.  If  the  plaintiff's  claim  in  a  writ  served  ^flvj^'ciaim^g"' 
upon  the  defendant  out  of  Middlesex  Count}',  as  estab-  established  as 
lished  on  the  trial,  exceeds  twenty  dollars,  and  is  reduced 
to  that  amount  or  less,  or  overbalanced  by  set-off  which 
could  not  have  been  proved  in  payment,  it  shall  be  consid- 
ered for  the  purposes  of  the  preceding  section  as  having 
exceeded  twenty  dollars,  and  the  party  wdio  finally  recov- 
ers judgment  in  the  suit  shall  be  entitled  to  his  costs. 

Section  12.     In  all  cases  in  said  court  except  where  a  Right  of  appeal. 


40  1874.— Chapter  35. 

trial  by  jury  is  had,  or  the  vahie  of  the  property  replevied 
or  the  amount  claimed  in  the  writ  does  not  exceed  fifty 
dollars,  either  party  may  appeal  to  the  superior  court  in 
the  manner  provided  by  law  for  taking  appeals  from  the 
judgment  of  justices  of  the  peace  ;  and  in  cases  where  a 
jury  trial  is  had,  exceptions  and  appeals  on  matters  of  law 
may  be  had  to  the  supreme  judicial  court  in  the  manner 
now  provided  by  law  from  the  superior  court. 
Jurors  to  be  SECTION  13.     Whenever  a  iury  shall  bccome  ncccssarv 

smnmoned  from    ^.,  .'i/*  .•  »       'J  ,  •it-'j. 

towns  in  the       lor  the  trial  ot  any  action  or  proceeding  in  said  district 

dibtnct.  court  under  the  provisions  of  this  act,  the  justice  of  said 

district  court  is  hereby  authorized  and  required  to  issue 

writs  of  venire  facias^  directed  to  the  sherifl'of  the  county, 

or  either  of  his  deputies,  or  a  constable  of  any  city  or 

town  in  the  district  for  the  summoning  of  jurors,  and  the 

jurors  shall  be  summoned  from  the  towns  in  the  judicial 

district. 

Proceedings  Section  14.     All  proceediugs  commenced  before  any 

fore'tHaUus-^    trial  justice  or  justice  of  the  peace  within  said  district  be- 

determineV.^'''^  fo^G  this  act  shall  take  full  effect,  shall  be  prosecuted  and 

determined  as  if  this  act  had  not  been  passed,  and  except 

as  herein  provided,  the  jurisdiction  of  trial  justices  and 

justices  of  the  peace  shall  be  excluded  within  the  judicial 

district  established  by  this  act. 

Court  may  be         Section  15.     When  no  justice  of  said  district  court  is 

shi?iff  when'^'no  prcscut  at  the  time  and  place  appointed  for  holding  a  court, 

in?''''^  **  ^'^'^^'    whether  at  the  beginning  of  the  time  or  any  adjournment 

thereof,  the  sheriff  of  the  county  or  either  of  his  deputies 

may  adjourn  the  court  from  day  to  day  or  from  time  to 

time,  as  circumstances  require,   by  proclamation  in  the 

room  where  said  court  is  held,  and  by  a  notification  posted 

on  the  door  of  the  court  room. 

Civil  actions  SECTION  16.    Scctious  scveii,  eight,  nine,  eleven,  twelve, 

129," §§  7, 8, 9,"   *  twenty-six,  forty  and  seventy-eight  of  chapter  one  hundred 

11,12,26,40,78.  ^^^^  twenty-nine  of  the  General  Statutes,  shall  apply  to 

civil  actions  before  said  court. 
Court  may  es-         Section  17.     Said  coui't  shall  have  power  to  establish  a 
appoint  ^officers,  scal,  issuc  all  writs  and  processes,  appoint  all  ofiicers  nec- 
*"*•  essary  for  the  transaction  of  the  business  of  the  court,  and 

may  from  time  to  time  make  rules  for  regulating  the  prac- 
tice and  conducting  the  business  therein  in  all  cases  not 
expressly  provided  for  by  law. 
To  take  full  Section  18.     This  act  shall  take  effect,  so  far  as  ap- 

1874?  ^^^  ^'     pointing,  commissioning  and   qualifying  the  justice  and 


1874.— Chapter  36.  41 

special  justices  of  said  court  are  concerned,  on  the  passage 
of  this  act,  and  shall  take  full  effect  on  the  first  day  of 
May  next.  Approved  February  28,  1874. 

An  Act  relating  to  district  courts.  CJlCip.  36. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  fees  for  attendino;  as  iuroYs  in  the  dis-  pes  and  travel 

"  for  iurors* 

trict  courts  shall  be  three  dollars  and  fifty  cents  a  day  for 
attendance  and  eight  cents  a  mile  for  travel  out  and  home. 

Section  2.     Deputy  sheriffs  shall  be  paid  for  attendance  Fees  of  deputy 
upon  said  courts  at  the  sessions  thereof  for  trials  by  jury  IttendLce. 
four  dollars  and  fifty  cents  a  day  and  for  travel  out  and 
home  once  a  week  during  the  attendance  five  cents  a  mile, 
to  be  paid  out  of  the  county  treasury. 

Section  3.     Parties  recovering  costs  in  civil  actions  in  Term  fees. 
said  courts  shall  be  allowed  a  term  fee  of  five  dollars 
instead  of  the  term  fee  now  allowed  by  law. 

Section  4.     Said  courts  may  at  any  time  before  judg-  court  may  set 
meut  in  a  civil  action   set  aside  the  verdict  and  order  a  and  order  new 
new  trial  for  any  cause  for  which  a  new   trial  may  be  '"^'' 
granted  or  after  verdict  may  report  the  case  for  the  deter- 
mination of  the  supreme  judicial  court. 

Section  5.     Decisions  of  the   justices  of  said  courts  Decisions  upon 
upon  pleas  in  abatement  or  motions  to  dismiss  for  defect  ment,  &c.,to%e 
of  form  in  process  shall  be  final  on  the  question  raised.  ^"^^* 

Section   6.     All  provisions  of  law  applicable   to   the  Exceptions  and 
superior  court,  relating  to  the  taking,  filing  and  allowing  -'^pp^^^^- 
exceptions  and  taking  appeals  in   matters   of  law,   shall 
apply  to  said  district  courts  when  trial  by  jury  is  had  or 
claimed. 

Section  7.  Said  courts  may  in  their  discretion  ap-  court  may  ap. 
point  one  or  more  auditors  to  hear  the  parties  in  all  p°'''*  ^"ditors. 
actions  in  which  a  trial  by  jury  is  had  or  claimed,  and  all 
jn'ovisions  of  law  applicable  to  auditors  appointed  under 
the  provisions  of  section  forty-six  of  chapter  one  hundred 
and  twenty-one  of  the  General  Statutes  shall  be  applicable 
in  case  of  auditors  so  appointed. 

Section  8.     Copies  of  papers  relating  to  a  question  of  copies  relating 

1  •    .  •  •  1  .       '■     *■  1      1   •  n       />  i  •  to  questions  of 

law  arising  in  said  courts  upon  appeal,  bill  ot  exceptions,  lawuponap. 
reserved  case  or  otherwise,  shall  be  transmitted  to  and  be  fr!insmiued°to'' 
entered  in  the  law  docket  of  the  supreme  judicial  court  ^- J-^- 
for  the  proper  county,   but  the  entry  thereof  shall   not 
transfer  the  case,  but  only  the  questions  to  be  determined. 

Section  9.     Said   courts    shall   receive,  examine   and  Accounts  for 

n  J.       J.'  •  1  •        •  1        i    ,  1    services,  &c.,  at 

allow  accounts  tor  services  ana  expenses  mcideut  to  and  jury  trials  to  be 

6 


42 


1874.— Chapters  37,  38. 


allowed  by 
court. 


Defendant  may 
be  ordered  to 
file  answer. 

Assistant  clerks 
may  be  ap- 
pointed. 


Duties  to  be 
performed  by 
assistant  clerks. 


arising  at  the  sessions  thereof  held  for  trials  by  jury,  and 
order  the  payment  thereof  out  of  the  treasury  of  the 
county  in  which  they  are  respectively  located. 

Section  10.  Said  courts  may,  in  all  cases  upon  motion, 
ordeB  the  defendant  to  file  an  answer  to  the  declaration. 

Section  11.  The  clerks  of  said  courts  may,  subject  to 
the  approval  of  the  justice  thereof,  appoint  assistant 
clerks,  who  shall  be  removable  at  their  pleasure,  and  for 
whose  doings  they  shall  be  responsible,  who  shall  be 
sworn  and  give  bonds  in  a  sum  not  less  than  one  thousand 
dollars,  to  be  approved  by  the  said  justice,  conditioned 
for  the  faithful  performance  of  the  duties  of  their  office ; 
and  their  compensation  shall  be  paid  by  the  clerk. 

Section  12.  The  assistant  clerks  may  perform  such  of 
the  duties  of  the  clerk  as  are  not  performed  by  him,  and 
upon  the  absence,  resignation,  death  or  removal  of  the 
clerk,  the  assistant  clerk  shall  perform  his  duties  under 
the  direction  of  the  court  until  he  resumes  his  duties  or  a 
clerk  is  elected  or  appointed  and  qualified ;  and  his  com- 
pensation for  such  service  shall  be  paid  by  the  clerk. 

In  case  of  the  death,  resignation  or  removal  of  the 
clerk,  the  assistant  clerk  shall  account  with  and  pay  over 
the  money  in  his  hands  to  the  officer  with  whom  the  clerk 
is  required  by  law  to  account. 

Section  13.     This  act  shall  take  effect  upon  its  passage. 

Aijproved  February  28,  1874. 

An  Act  to  punish  the  wilful  obstruction  of  fire-engines. 
Be  it  enacted,  &c.,  as  folloivs: 

Whoever  wilfully  and  maliciously  obstructs  or  retards 
the  passage  of  any  engine  or  other  apparatus  of  any  fire 
department,  while  going  to  a  fire  through  any  street,  lane, 
alley  or  other  way,  shall  be  punished  by  imprisonment  in 
the  house  of  correction  not  exceeding  three  months,  or 
by  fine  not  exceeding  fifty  dollars. 

Apiiroved  February  28,  1874. 

Chap.  38.  An  Act  to  amend  chapter  one  hundred  and  thirty-three  of 
the  general  statutes  concerning  the  exemption  of  per- 
sonal PROPERTY  FROM  EXECUTION. 

Be  it  enacted,  &g.,  as  follows  : 

Section  1.  The  second  clause  of  the  thirty-second 
section  of  chapter  one  hundred  and  thirty-three  of  the 
General  Statutes  is  amended  so  that  the  same  shall  read 
as  follows,  viz.  : — 

/Second.     Other  household  furniture  necessary  for  him 


Chap.dl. 


Penalty  for 
wilful  obstruc- 
tion of  fire- 
engines. 


Household  fur- 
niture exempt 
from  attach- 
ment. 
G.  8.  133,  §  32. 


1874.— Chapter  39.  43 

and  his  fixmily,  not  exceeding  three  hundred  dollars  in 
value. 

Section  2.     This  act  shall  take  effect  on  the  first  day 
of  July  next.  Approved  Februarxj  28, 1874. 

An    Act    making    additional    appropriations    for    certain  CJlCip.SO. 

EXPENSES  authorized  IN  THE  YEAR  EIGHTEEN  ITUXDRED  AND 
SEVENTY-THREE  AND  PREVIOUS  YEARS,  AND  FOR  OTHER  PUR- 
POSES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  suras  hereinafter  mentioned  are  appro-  Appropriations, 
priated,  to  be  paid  from  the  ordinary  revenue,  except  in 
cases  otherwise  ordered,  for  the  purposes  specified  herein, 
to  wit : — 

For  stationery  ordered  by  the  clerk  of  the  house  of  rep-  stationery, 
resentatives,  two  hundred  seventy-one  dollars  and  forty-  gemltiver^^^' 
four  cents. 

For  printing  and  binding  ordered  by  the  senate,  one  printing^and 
thousand  two  hundred  fifty-seven  dollars  and  eighty-five  ^*"^'"g>  ^"''*^ 
cents. 

For  contingent  expenses  of  the  senate  and  house  of  rep-  contingent  es- 
resentatives  and  necessary  expenses  in  and  about  the  state  p*^"**^*' 
house,  a  sum  not  exceeding  five  hundred  dollars. 

For  the  compensation  of  the  firemen  employed  at  the  nremen. 
state  house,  thirty-seven  dollars  and  fifty  cents. 

For  repairs,  improvements  and  furniture  of  the  state  Repairs  and 
house,  a  sum  not  exceeding  one  hundred  dollars.  urmture. 

For  printing  the  pamphlet  edition  of  the  general  acts  Pamphlet 
and  resolves  of  the  year  eighteen  hundred  and  seventy-  erai'iTw^s.^^"" 
three,   tAvo  thousand  one  hundred  forty-five  dollars  and 
fifty-four  cents. 

For  registration  blanks  for  the  secretary's  department,  Registration 
five  hundred  seventeen  dollars  and  eleven  cents. 

For  the  publication  of  the  supplement  to  the  General  ^^^Rp^^^"^* 
Statutes  for  the  year  eighteen  hundred  and  seventy-two,  statutes. 
two  hundred  fifty-nine  dollars  and  twenty  cents. 

For  extra  clerical  assistance  in  the  secretary's  depart-  Clerical  assist- 
ment,  four  hundred  fifty-eight  dollars  and  seventeen  cents,  tary's  office. 

For  mihtary  accounts,  a  sum  not  exceeding  two  thou-  Military  ac 
sand  two  hundred  seventeen  dollars  and  fifteen  cents.  ^°^  *' 

For   quartermasters'   supplies,  ninety-one   dollars  and  Quartermasters' 

.     ...  i.  1  '  J  supplies. 

sixty-six  cents. 

For  mileage  of  the  volunteer  militia  for  the  year  eigh-  Mileage,  yoiun- 
teen  hundred  and  seventy-two,  forty-six  dollars  and  eighty 
cents. 


44 


1874.— Chapter  40. 


Secretary  board 
of  agriculture. 

State  library. 


Visiting  agent 
etate  charities. 


State  work- 
house, Bridge- 
■water. 


Industrial 
school. 


Roads  in  Mash- 
pee. 


Railroad  com- 
missioners. 


Transportation 
of  state  paupers. 


Board  of  edu- 
cation. 


Primary  school 
at  Monson. 


Sundry  items  of 
expenditure. 


For  expenses  of  the  secretary  of  the  board  of  agricult- 
ure, ten  dollars  and  eighty-seven  cents. 

For  expenses  of  the  state  library,  sixty-four  dollars  and 
ninety  cents. 

For  incidental  expenses  of  the  visiting  agen^  of  the 
board  of  state  charities,  sixty-eight  dollars  and  eighty- 
three  cents. 

For  the  current  expenses  of  the  state  workhouse  at 
Bridgewater,  for  the  year  eighteen  hundred  and  seventy- 
three,  a  sum  not  exceeding  one  thousand  nine  hundred 
seventy-nine  dollars  and  sixty-four  cents. 

For  the  current  expenses  of  the  industrial  school  at 
Lancaster,  for  the  year  eighteen  hundred  and  seventy- 
three,  a  sum  not  exceeding  one  thousand  seven  hundred 
dollars. 

For  expenses  incurred  in  the  construction  and  repair  of 
roads  in  the  town  of  Mashpee,  one  hundred  and  fifty  dol- 
lars. 

For  contingent  expenses  of  the  railroad  commissioners, 
a  sum  not  exceeding  one  thousand  and  seventy-six  dollars 
and  thirty-five  cents. 

For  the  reimbursement  of  cities  and  towns  for  expenses 
incurred  in  the  transportation  of  state  paupers  to  the  state 
almshouse  during  the  year  eighteen  hundred  and  seventy- 
three,  one  hundred  twenty  dollars  and  forty-three  cents. 

For  incidental  expenses  of  the  board  of  education,  a 
sum  not  exceeding  one  thousand  one  hundred  twenty- 
eight  dollars  and  twenty-seven  cents,  to  be  paid  from  the 
moiety  of  the  income  of  the  Massachusetts  school  fund, 
applicable  to  educational  purposes. 

For  certain  alterations  and  repairs  at  the  state  primary 
school  at  Monson,  one  thousand  dollars. 

For  sundry  small  items  of  expenditure  due  and  unpaid 
in  eighteen  hundred  and  seventy-three,  and  previous  years, 
a  sum  not  exceodiug  five  hundred  dollars,  which  shall  be 
allowed  and  paid. 

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

Aiiproved  March  4,  1874. 


OJldT). 4:0.  -^N  Act  to  amend  an  act  to  incorporate  the  warren  cotton 

-^   '         *  MILLS. 

Be  it  enacted,  &c.,  as  follows : 
Capital  stock  SECTION  1.     The  Capital  stock  of  the  Warren  Cotton 

$700,00*0^''^^       Mills  shall  not  exceed  the  amount  of  seven  hundred  thou- 
sand dollars. 


1874.-^Chapters  41,  42,  43,  44.  45 

Section  2.     Section  two  of  chapter  seventy-nine  of  the  Repeal  of  i854, 
acts  of  the  year  one  thousand  eight  hundred  and  fifty-four    ' 
is  repealed. 

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

Approved  March  4,  1874. 

An  Act  TO  INCBEASE  THE  CAPITAL   STOCK   OF  THE  NANTUCKET  AND    QJiap.'^. 
CAPE  COD  STEAMBOAT  COMPANY.  ■^' 

Be  it  enacted,  &c.^as  folloivs: 

Section  1.     The  Nantucket  and  Cape  Cod  Steamboat  May  increase 

r-i  <  •  ■      1  V      1  T  T  •        capital  stock. 

Company  may  increase  its  capital  stock,  by  adding  to  its 
present  capital  now  authorized  by  law,  sixty-five  thousand 
dollars,  to  be  issued  from  time  to  time  as  may  be  author- 
ized by  vote  of  the  stockholders,  at  meetings  specially 
called  for  the  purpose. 

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

Approved  March  4,  1874. 

An  Act  to  inckease  the  salary  of  the  clerk  of  the  courts  for  QhciT).  42. 

PLYMOUTH  county.  "' 

Be  it  enacted,  &c.,  as  follotvs  : 

The  salary  of  the  clerk  of  the   courts   for   Plymouth  saiary  fixed  at 
County  shall  hereafter  be  two  thousand  dollars  a  year.         *  ''^""' 

Ap>proved  March  4,  1874. 

An  Act  to  provide  for  the  custody  and  examination  of  the  Ohcip.4:3. 
opinions  of  the  supreme  judicial  court  before  their  publica- 

TION  IN  THE  reports. 

Be  it  enacted,  &c.,  as  follows : 

The  reporter  of  the  decisions  of  the  supreme  iudicial  written  opin- 

.■,1,   ,  .  ^  T  -Jill        io"^  of  the  court 

court  shall  keep,  m  some  sate  and  convenient  place,  to  be  to  be  kept  in 
provided  by  the  county  of  Suffolk,  in  the  city  of  Boston,  publr^ed." 
the  written  opinions  of  the  court  in  all  law  cases  argued 
in  the   several   counties,    until   their   publication   in  the 
reports,  and  also  his  dockets  and  copies  of  papers  in  such 
cases,  and  shall  aflbrd  due  facilities  for  their  examination ;  Reporter  to 
for  which  purpose  he  shall  be  allowed  a  sum  not  exceeding  fo^"thc[rexami 
fifleen  hundred  dollars  per  year,  to  be  expended  in  clerk  "^tion. 
hire  and  for  incidental  expenses.       Approved  March  4, 1874. 

An  Act  to  incorporate  the  town  of  rockland.  CTldT).  44. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     All  the  territory  now  within  the  town  of  Town  of  Rock- 
Abington,  in  the  county  of  Plymouth,   comprised  within  rated!"""*^^"' 
the  following  limits,  that  is  to  say  :  beginning  at  a  point  Territorial 
in  the  division  line  between  Abington  and  Weymouth,  one  ^^^^' 
hundred  and  fifty  rods  easterly  from  the  easterly  line  of 


46 


1874. — Chapter  44. 


Inhabitants  of 
Rockland  to 
pay  arrears  of 
tases  to  Abing- 
ton. 


Liabilitj-  for 
support  of 
paupers. 


the  land  of  the  Old  Colony  aiid  Newport  Railway  Com- 
pany, where  it  crosses  said  division  line ;  thence  running 
southerly  in  a  straight  line  to  a  point  in  the  northerly  liue 
of  Central  street,  fifty  feet  westerly  from  the  south- 
westerly corner  of  the  dwelling-house  of  Arioch  Thomp- 
son ;  thence  south-easterly  in  a  straight  line  to  a  point  in 
the  division  line  between  the  towns  of  Abington  and 
Hanson,  seventy-five  rods  easterly  from  the  easterly  line 
of  the  highway  in  Abington,  known  as  Pl^^month  street; 
thence  easterly,  northerly,  easterly  again,  uortherlj'  again, 
and  south-westerly  as  the  present  division  lines  run 
between  the  towns  of  Hanson,  Hanover,  South  Scituate, 
Hingham  and  Weymouth  to  the  point  of  beginning, — is 
hereby  incorporated  into  a  town,  by  the  name  of  Rock- 
land ;  and  said  town  of  Rockland  is  hereby  invested  with 
all  the  powers,  privileges,  rights  and  immunities,  and  is 
subject  to  all  the  duties  and  requisitions  to  which  other 
towns  are  entitled  and  subjected  by  the  coastitution  and 
laws  of  this  Commonwealth. 

Sectiox  2.  The  inhabitants  of  said  town  of  Rockland 
shall  pay  all  taxes  which  have  been  legally  assessed  upon 
them  by  the  town  of  Abington ;  and  all  such  taxes  not 
now  collected  shall  be  collected  by  and  paid  to  the  proper 
ofllcers  of  the  town  of  Abington,  in  the  same  manner  as 
if  this  act  had  not  been  passed.  And,  until  the  next  state 
valuation,  the  proportion  of  state  and  county  taxes  to  be 
assessed  upon  the  towns  of  Abington  and  Rockland  shall 
be  ascertained  and  determined  by  the  last  valuation  of  the 
town  of  Abington,  and  the  assessors  of  the  town  of 
Abington  shall  make  return  of  said  valuation,  and  of  the 
jjroportions  thereof  in  the  towns  of  Abington  and  Rock- 
land respectively,  to  the  secretary  of  the  Commonwealth 
and  to  the  commissioners  of  the  county  of  Plymouth. 

Sectiox  3.  Said  towns  of  Abington  and  Rockland 
shall  be  respectively  liable  for  the  support  of  all  persons 
who  now  are  or  shall  hereafter  be  in  need  of  relief  as 
paupers,  whose  settlements  were  gained,  whether  by 
original  acquisition  or  derivation,  within  their  respective 
limits  ;  and  the  town  of  Rockland  shall  also  pay  annually 
to  the  town  of  Abington,  two-fifths  of  the  costs  paid  by 
the  town  of  Abington  for  the  support  or  relief  of  paupers 
whose  settlements  were  acquired  in  Abington,  or  derived 
from  a  settlement  acquired  in  Abington  in  consequence  of 
military  services  in  the  war  of  the  rebellion :  provided, 


1874.— Chapter  44.  47 

that  the  person  who  rendered  such  military  service  was 
not,  at  the  time  of  his  enlistment,  an  inhabitant  of  Ab- 
ington. 

Section  4.     All  snits  and   proceedings  at  law  or  in  ^^^^^^^^J^^^^. 
eqnity,  where  the   cause  of  action  in  favor  of  or  against  defended  by 
the  town  of  Abington  arose  before  the  passage  of  this  act,  Rockhind,°' 
may  be  instituted  and  prosecuted,  or, defended,  as  the  case  ^ctkfn  arosi  °^ 
may  be,  by  either  or  both  of  the  towns  of  Abington  and  ^f^^f^P^'f''^^ 
Rockland  in  the  name  of  the  town  of  Abington  or  of  the 
inhabitants  thereof  in  their   corporate    capacity,    in   the 
same  manner  and  with  the  same  effect  as  the  town  of  Ab- 
ington might  have  instituted  and  prosecuted  or  defended 
such  suits  or  proceedings  if  tfiis  act  had  not  been  passed ; 
and  the  amount  recovered  in  any  such  suit  or  proceeding 
by  or  against  said  town  of  Abington  shall  be  received  or 
paid,  as  the  case  may  be,  by  the  towns  of  Abington  and 
Rockland,  in  the  same  proportions  as  the  public  property 
and   debts  of  the  town   of  Abington  are  required  to  be 
divided  by  this  act :  provided,  that  neither  of  said  towns 
shall  be  liable  for  costs  to  the   other  unless  it  appears  in 
the  suit ;  nor  shall  either  toAvn,  unless  it  appears  in  a  suit, 
be  liable  for  costs  to  the  defendant  therein,  but  only  that 
town  which  appears  shall  be  so  liable  for  costs. 

Section  5.     The  corporate  property  belonging  to  the  Division  of  cor. 
town   of  Abington  at  the  passage   of  this  act,   and  the  anrpuwic  debt! 
l^ublic  debt  of  said  town  existing  at  said  date,  shall  be 
divided   between  the  towns  of  Abington  and  Rockland, 
according  to  the  valuation  of  the  property  in  their  respect- 
ive liijiits,  as  assessed  May  first  in  the  year  eighteen  hun- 
dred and  seventy-three ;  and  the  town  of  Rockland  shall  ^r'SatYI™d 
receive    a   proportionate   part  of  whatever   amount   may  bounties  for 
hereafter  be  refunded  to  the  town  of  Abington  from  the 
state  or  the  United  States  to  reimburse  said  town  of  Ab- 
ington for  bounties  to  soldiers  or  state  aid  paid  to  soldiers' 
families,  after  deducting  all  reasonable  expenses  ;  and  the 
town  of  Rockland  shall  bear  the  expense  of  making  the 
survey  and  establishing  the   line  between  the  towns   of 
Abington  and  Rockland. 

Section  6.     In  case  said  towns  of  Abington  and  Rock-  if  division  of 
land  shall  not  agree  in  respect  to  a  division  of  property  or  debts  is  not 
debts,   the   superior  court   for   the    county   of  Plymouth  award  tifbe' 
shall,  upon  the  petition  of  either  town,  appoint  three  com-  mfslionerri^'. 
missioners  ;  and  said  petition  may  be  filed,  and  appoint-  P°j.f fco^rt"' 
meuts  made  in  vacation,  to  hear  the  parties  and  determine 


48 


1874. — Chapter  44. 


State  and  na- 
tional election 
districts. 


First  meeting 
for  election  of 
town  officers. 


the  matters  of  difference ;  and  their  award,  or  the  award 
of  any  two  of  them,  being  accepted  by  said  court,  shall 
be  final ;  and  said  court  shall  have  jurisdiction  to  render 
judgment  or  make  any  order  or  decree  upon  said  award, 
to  issue  execution  or  any  other  proper  process  to  enforce 
such  judgment,  decree  or  order.  But  the  award  shall  not 
be  set  aside  unless  for  fraud  or  manifest  error,  in  which 
case  the  court  may  recommit  the  award,  or  appoint  other 
commissioners,  with  the  same  powers  and  duties  as  the 
first,  of  whose  proceedings  the  court  shall  have  the  same 
jurisdiction  as  herein  before  provided.  In  making  said 
award,  said  commissioners  shall  assign  the  real  estate 
belonging  to  said  town  of*  Abington  at  the  time  of  the 
passage  of  this  act,  to  the  town  within  which  said  estate 
shall  be  situated,  so  far  as  such  division  shall  be  prac- 
ticable. 

Section  7.  The  town  of  Rockland,  until  otherwise 
provided  by  law,  shall  continue  to  be  a  part  of  the  second 
congressional  district,  of  the  second  councillor  district,  of 
the  second  Plymouth  senatorial  district,  and  of  the  twelfth 
Plymouth  representative  district ;  and  the  voters  of  the 
town  of  Rockland  shall  vote  for  representatives  to  con- 
gress, senators  and  representatives  to  the  general  court 
and  members  of  the  council,  in  said  town  of  Rockland,  at 
meetings  legally  called  for  that  purpose ;  and  the  clerk  of 
the  town  of  Rockland  shall  make  returns  and  meet  with 
the  clerk  of  the  town  of  Abington,  for  the  purpose  of 
ascertaining  the  result  of  the  election  of  representatives 
for  said  twelfth  Plymouth  representative  district,  and  mak- 
ing certificates  of  the  same,  at  noon  on  the  day  following 
said  election,  at  the  town  clerk's  ofEce  in  said  Abington. 

Section  8.  Any  justice  of  the  peace  within  and  for 
the  county  of  Plymouth,  may  issue  his  warrant,  directed 
to  any  inhabitant  of  the  town  of  Rockland  requiring  him 
to  notify  and  warn  the  inhabitants  thereof  qualified  to  vote 
in  town  affairs,  to  meet  at  the  time  and  place  therein 
appointed,  for  the  purpose  of  choosing  all  such  town  offi- 
cers as  towns  are  by  law  authorized  and  required  to  choose 
at  their  annual  meetings  ;  and  said  warrant  shall  be  served 
by  publishing  a  copy  thereof  in  some  newspaper  printed 
in  the  county  of  Plymouth,  and  by  posting  up  copies 
thereof,  all  attested  by  the  person  to  whom  the  same  is 
directed,  in  three  public  places  in  said  town  of  Rockland, 
seven  days  at  least  before  such  time  of  meeting.     Such 


1874.— Chapters  45,  46,  47.  49 

justice,  or,  in  his  absence,  such  individual  required  to 
notify  the  meeting,  shall  preside  until  the  choice  of  mod- 
erator in  said  meeting.  The  selectmen  of  the  town  of  to^i,VfuTSed 
Abington  shall,  before  said  meeting,  prepare  a  list  of  ^y^'t^^''''''  "^ 
voters  in  said  town  of  Rockland  qualified  to  vote  at  said 
meeting,  and  shall  deliver  the  same  to  the  person  presiding 
at  such  meeting  before  the  choice  of  a  moderator  thereof. 
Section  9.     This  act  shall  take  effect  upon  its  passage. 

Ap2)roved  March  9,  1874. 

An  Act  in  addition  to  an  act  to  authorize  the  eastern  rail-  Chc(,p.4:5. 

ROAD  company  TO  CONSTRUCT  A  FREIGHT  TRACK  AND  TAKE  LANDS 
FOR  FREIGHT  PURPOSES  IN  CHARLESTOWN,  AND  FOR  OTHER  PUR- 
POSES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  governor  and  council  may  permit  the  Eastern  Raii- 
Eastern  Railroad  Company  to  lay  the  tracks  described  in  permlued  to  lay 
section  one  of  chapter  three  hundred  and  sixty  of  the  acts  state  pi°iIon 
of  the  year  eighteen  hundred  and  seventy-three,  over  such  "^'^'*'"^- 
portion  of  the  land  and  flats  of  the  Commonwealth,  adja- 
cent to  the  state  prison,  including  the  state  prison  wharf, 
and  upon  such  conditions  as  they  may  prescribe. 

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

Approved  March  9,  1874. 

An  Act  to  authorize  the  metropolitan  railroad  company  to  Chcip.4i5. 

ISSUE   BONDS. 

Be  it  e?iacted,  &c.,  as  follows  : 

Section  1.     The  Metropolitan  Railroad  Company  may  May  issue  bonds 
issue  bonds  payable  in  not  more  than  twenty  years  from  laooloooln  a|. 
the  date  thereof,  with  coupons  attached,  bearing  interest  gi"egate  amount. 
not  exceeding  the  rate  of  seven  per  cent,  a  year,  payable 
semi-annually.     But  the  aggregate  amount  of  the  bonds 
of  said  corporation  actually  issued  shall  at  no  time  exceed 
the  sum  of  five  hundred  thousand  dollars. 

Section  2.     This  act  shall  take  effect  when  accepted  at  subject  to  ac 

/•i  1111  iiT^i  ceptance  by 

a  meeting  of  the  stockholders  called  for  the  purpose.  stockholders. 

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

Ap)proved  March  9,  1874. 

An  Act  to  authorize  the  town  of  woburn  to  issue  addi-  Clldp.'^ . 

TIONAL  WATER   SCRIP. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The   town  of  "Woburn,  for  the  purposes  wobummay 
mentioned  in  the  sixth  section  of  chapter  three  hundred  adduilnaf'^^" 
and  seven  of  the  acts  of  the  year  eighteen  hundred  and  "  water  scrip." 
seventy-one,  may  issue  notes,  scrip,  or  certificates  of  debt, 
7 


50  1874.— Chaptees  48,  49,  50,  51.    • 

to  be  denominated  on  the  face  thereof  "  Woburn  Water 
Scrip,"  to  an  amount  not  exceeding  one  hundred  thousand 
dollars,  in  addition  to  the  amount  heretofore  authorized  to 
be  issued,  upon  like  terms  and  conditions,  and  with  like 
powers  in  all  respects  as  are  provided  in  said  act  for  the 
issue  of  such  scrip  by  said  town. 

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

Approved  March  9, 1874. 

Chap. 48.  An  Act  to  change  the  name  of  the  institution  for  savings 

IN  THE   TOWN   OF  NEWTON. 

Be  it  enacted,  &c.,  as  follows  : 
to'^Newton^"^        Section  1.     The  Institution  for  Savings  in  the  town  of 
Savings  Bauk.    Newtou,  incorporated  on  the  seventeenth  day  of  June  iii 

the  year  one  thousand  eight  hundred  and  thirty-one,  shall 

be  hereafter  known  and  called  by  the  name  of  the  Newton 

Savings  Bank. 

Section  2.     This  act  shall  take  effect  on  the  first  day  of 

April  next.  .  Approved  March  9,  1874. 

CJlCip.4Q.   -^N  ■'^CT   TO   AUTHORIZE   THE    TOWN    OP    CONCORD    TO    RAISE    MONEY 
FOR  A   MONUMENT,   AND   FOR  ITS   DEDICATION. 

Be  it  enacted,  &c.,  as  follows  : 
May  raise  Section  1 .     The  towH  of  CoHcord  Is  authorizcd  to  raise 

tion  for  a  monu-  by  taxatloii,  such  suiHS  of  moucy  as  may  be  needed  for  a 
™^'^*'  suitable  monument  at  the  "  Old  North  Bridge,"  to  com- 

memorate the  events  of  the  nineteenth  day  of  April  sev- 
enteen hundred  and  seventy-five,  and  for  an  appropriate 
celebration  at  its  dedication. 

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

A2)2)roved  March  9,  1874. 

Chap.  50.       An  Act  to  amend  the  charter  of  the  oread  institute. 

Be  it  enacted,  &c.,  as  follows  : 
Real  and  per-         SECTION  1 .     The  Orcad  Institute  in  the  city  of  Worces- 

soual  estate  not  ,  iit  it  iiv_j^j.i 

exceeding  tcr  may  hold  real  and  personal   estate   tor    the  purpose 

$200,000.  named  in  its  act  of  incorporation,  to  an  amount  not  ex- 

ceeding two  hundred  thousand  dollars. 

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

Approved  March  9,  1874. 

Chap.  51.  An  Act  to  incorporate  the  odd  fellows'  hall  association 

^  '         '  of  BEVERLY. 

Be  it  enacted,  &c.,  asfolloius  : 
Coi-poratorB,  Section  1.     Andrew  K.  Ober,  Isaac  Appleton,  Leon- 

ard C.  Foss,  their  associates  and  successors,  are  made  a 


1874— Chapter  52.  51 

coriDoration  by  the  name  of  the  "  Odd  Fellows'  Hall  Asso-  Name  and  pur- 
ciation  of  Beverly,"  for  the  purpose  of  erecting  or  pur-  ^°^^' 
chasing  and  maintaining  a  building  in  the  town  of  Beverly 
for  the  accommodation  and  purposes  of  au  Odd  Fellows' 
hall  and  any  other  lawful  purpose,  with  all  the  powers  Powers  and 
and  privileges  and  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    cor- 
poration. 

Section  2.  The  capital  stock  of  said  corporation  shall  and'shLre^^ 
not  exceed  seventy-five  thousand  dollars,  divided  into 
shares  of  the  par  value  of  one  hundred  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- 
bility 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  March  9,  1874. 

Ax  Act  to  amend  "an  act  to  establish  a  ministerial  fund  Ch(ip.52. 

FOR   THE   SUPPORT   OF  THE   GOSPEL    MINISTRY  IN    THE    FIRST    PAR- 
ISH IN  THE   TOWN   OF    MEDFORD." 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  Trustees  of  the  Congregational  Minis-  Ministerial  fund 
terial  Fund  for  the  First  Parish  in  the  Town  of  Medford,  inMedfordf"" 
a  corporation  established  by  chapter  one  hundred  and 
thirty  of  the  acts  of  the  year  eighteen  hundred  and  twenty- 
seven,  are  authorized  to  receive  and  hold  estates  real  and 
personal,  to  the  amount  of  fifty  thousand  dollars,  and 
may  appropriate  of  the  annual  income,  a  sum  not  exceed- 
ing fifteen  hundred  dollars,  annually,  to  the  payment  of  the 
salary  of  the  minister  of  said  parish,  and  the  remainder, 
if  any,  of  such  income  to  the  purposes,  to  which  by  law 
they  may  now  appropriate  the  same. 

Section  2.  When  any  of  the  members  of  said  corpo- 
ration cease  to  reside  in  Medford,  they  shall  cease  to  be 
members  of  said  corporation  ;  and  the  vacancy  shall  be' 
filled  in  the  manner  now  provided  by  law. 

Section  3.  All  parts  of  said  act  of  incorporation 
inconsistent  with  the  provisions  of  this  act,  are  repealed. 

Approved  March  9,  187-4. 


52  1874.— Chaptees  53,  54,  55. 

Chap.  53.   ^^  ^CT  TO   CHANGE   THE   NAME   OF   THE   UNION    STREET    METHODIST 
■^   '         *  EPISCOPAL   CHURCH   OF   SPRINGFIELD, 

Be  it  enacted,  &c.,  as  follows  : 
Name  changed.       SECTION  1.     The  name  of  the  Union  Street  Methodist 
Episcopal  Church  of  Springfield  is  changed  to  the  State 
Street  Methodist  Episcopal  Church  of  Springfield. 

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

Approved  March  9,  1874. 

ChClp.54:.  -^^  ■^^'^   '^^  INCORPORATE   THE    MASONIC  BUILDING   ASSOCIATION,   IN 
•^  '         '  NEAV   BEDFORD. 

Be  it  enacted,  &c.,  as  folloivs : 

Corporators.  Section  1.     Charlcs  L.   Wood,  Thomas  Nye,  Junior, 

Henry  F.  Thomas,  Otis  Seabury,  William  H.  Reynard, 
their  associates  and  successors,  are  made  a  corporation  by 

Name  and  pur-  the  name  of  the  Masonic  Building  Association,  for  the 
purpose  of  purchasing  certain  real  estate  in  the  city  of  New 
Bedford,  and  maintaining  the  same  for  the  accommodation 
and  purposes  of  a  masonic  hall,  lecture  rooms  and  any 

Powers  and  othcr  lawful  pui'poscs,  witli  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,  so  far  as  applicable. 

Capital  stock  Section  2.     Said  Corporation  sliall  havc  a  capital  stock 

not  exceeding  fifty  thousand  dollars,  divided  into  shares  of 
one  hundred  dollars  each,  and  may  hold  for  the  purpose 
aforesaid  real  and  personal  estate  not  exceeding  the 
amount  of  the  capital  stock  :  provided,  that  said  corpora- 
tion shall  incur  no  liability  until  ten  thousand  dollars  of 
its  capital  stock  has  been  actually  paid  in,  in  cash. 

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

Approved  March  9, 1874. 

CllClp.55.   ^'^  ^^'^  "^^  AUTHORIZE   THE    OLD    COLONY    RAILROAD    COMPANY    TO 
•^   *         '  PURCHASE   THE  MIDDLEBOROUGH   AND   TAUNTON  RAILROAD. 

Be  it  enacted,  &c.,  as  follows : 
Old  Colony  Section  1.     The    Old    Colony   Eailroad   Company   is 

purchase  frail-  authoi'lzed  to  purchasc  the  rights,  franchise  and  property 
ertrof"the'Mid-  of  the  Middlcborough  and  Taunton  Railroad  Corpora- 
TaumonK.R"'^  tion.  And  the  said  Mddleborough  and  Taunton  Rail- 
road Corporation  is  authorized  to  convey  and  assign  to 
the  said  Old  Colony  Railroad  Company  its  franchises  and 
property,  and  all  the  rights,  easements,  privileges  and 
powers  granted  to  it ;  and  the  said  Old  Colony  Railroad 
Company  shall,  upon  such  conveyance  being  made  to  it, 
have  and  enjoy  all  the  rights,  powers,  privileges,  ease- 


1874.— Chapters  56,  57,  58.  53 

ments,  franchises  and  property  of  said  Middleborough  and 
Taunton  Railroad  Corporation,  and  be  subject  to  all  the 
duties,  liabilities,  obligations  and  restrictions  to  which  said 
last  named  corporation  may  be  subject. 

Section  2.     The  Old  Colony  Railroad  Company,  after  May  construct 

.,  ,  -li^  •  -I     T    f        ^  ^  1         new  tracks  to 

the  conveyance  herein  beiore  provided  tor  has  been  made,  make  conven- 
may  locate,  construct  and  maintain  such  new  tracks  as  may  oTroTds'!'''^""'^ 
be  required  for  a  direct  and  convenient  connection  of  the 
tracks  of  the  INIiddleborough  and  Taunton  Railroad  with 
the  tracks  of  the  Cape  division  of  its  own  railroad. 

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

Apjyroved  Mai-ch  9,  1874. 

An  Act  to  authorize  the  lowell  and  andover  railroad  com-  n^icmj.  56. 

PANY    TO    CROSS   CERTAIN   LAND    OF    THE   COMMONWEALTH   IN   THE  -^ 

TOAVN  OF  TEWKSBURT. 

Be  it  enacted,  &c.,  asfolloios: 

Section  1.     The  Lowell  and  Andover  Railroad  Com-  May  construct 

.  .  1  •     J     •        -j^  Ml  ii        railroad  across 

pany  may  construct  and  maintani  its  railroad  across  the  land  of  com. 
land  in  Tewksbury  owned  by  the  Commonwealth  which  Tewksbury!"^ 
is  within  the  limits  of  the  location  of  the  railroad  of  said 
company  as  filed  and  recorded  with  the  county  commis- 
sioners for  the  county  of  Middlesex,  upon  such  terms  and 
conditions  and  for  such  compensation  as  may  be  prescribed 
by  the  governor  and  council. 

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

Approved  March  9,  1874. 

An  Act  to  prohibit  the  hunting  or  taking  of  rabbits  or  hares  (JJkiij,  57. 

BY  the  use  of  the  FERRET.  -^ 

Be  it  enacted,  &c.,  as  follows  : 

Whoever  hunts  or  takes  a  rabbit  or  hare  with  or  by  the  Penalty  for 
aid  of  a  ferret  shall  be  punished  by  a  fine  of  twenty-five  byaidffaferret. 
dollars.  Ax)p)roved  March  9,  1874. 

An  Act  to  unite  the  American  education  society,  and  the  Ch(Zp.5S. 

SOCIETY    FOR    THE    PROMOTION    OF    COLLEGIATE  AND  THEOLOGICAL  ^' 

EDUCATION. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  American  Education  Society,  and  the  Mayimueand 
Society  for  the  Promotion  of  Collegiate  and  Theological  u°X°the^name^ 
Education,  each  a  corporation  heretofore  established  by  coii'4e''™mi°'"' 
the  laws   of  this  Commonwealth,  are  authorized  to  unite.  Education  so- 

'  ciety. 

and  form  one  corporation,  upon  such  terms  as  may  be 
agreed  upon  between  such  societies,  under  the  name  of 
the  American  College  and  Education  Society ;  and  said 
corporation,   so  formed  by  said  union,  shall  thereupon, 


54  1874.— Chapter  58. 

undev  said  name  of  the  American  College  and  Education 

Society,  have  all  the  rights,  powers  and  privileges  which 

either  of  said  corporations  now  have,  and  shall  become 

and  be  liable  for  all  the  debts  and  liabilities  of  either  of 

^  said  societies,  and  may  hold  real  and  personal  property  to 

"  an  amount  not  exceeding  the  aggregate,  which  both  of  said 

Powers  and       socictics  are  uow  authorized  to  hold  ;  and  said  corporation 

duties.  shall  be  subject  to  all  the  restrictions,  liabilities,  and  duties 

of  either  of  said  societies. 
All  rights  and        Section  2.     All  the  riijhts,  privileges,  interests,  and 
vested  in  united  property  uow  licld  or  possessed  or  owned  by  or  belong- 
corporaion.       .^^^  ^^  ^^.^^  American  Education  Society,  or  said  Society 
for  the  Promotion  of  Collegiate  and  Theological  Educa- 
tion, shall  upon  such  nnion  become  vested  in,  belong  to, 
and  be  held  by  said  united  corporation  in  like  manner  and 
to  the  same  uses  and  puq^oses  as  the  same  may  be  now 
held  by   said   societies  respectively ;    and  either  of  said 
societies  for  the  purpose  of  effecting  and  completing  said 
union,   is  hereby  authorized  and   empowered  to  assign, 
transfer  and  convey  any  and  all  its  said  rights,  privileges, 
interests  and  property  to  said  American  College  and  Edu- 
cation Society. 
Gifts, legacies,        SECTION  3.     Auy  gift,  dcvisc,  bcqucst  or  legacy,  which 
by'society.        has  been  or  may  hereafter  be  given  or  made  to  either  of 
said  societies,  under  the  name  it  has  heretofore  had,  shall 
be  held,  enjoyed  and  appropriated  by  said  American  Col- 
lege and  Education  Society,  in  like  manner  and  to  the 
same  purposes,  extent  and  eifect  as  it  would  have  been  by 
either  of  the  said  societies  if  they  had  not  been  united 
under  this  act. 
Subject  to  ac-         SECTION  4.     This  act  shall  be  void,  unless  the  same 
each^so^ciety.      shall  be  acccptcd  by  each  of  said  societies,  at  meetings 
thereof  called  for  that  purpose,  or  at  the  annual  meeting 
thereof  held  next  after  the  passage  of  this  act. 
First  meeting  of      Section  5.     The  first  mectiuo^  of  the  American  College 

new  corpora-  n-ni  •  r-i        •  ii-iii  i-  ^  i 

tiou.  and  Education   Society  established   by  this  act,  may  be 

called  by  the  president  of  the  American  Education  Society 
and  the  president  of  the  Society  for  the  Promotion  of 
Collegiate  and  Theological  Education,  by  notice  of  the 
time,  place  and  purposes  thereof,  by  them  signed  and  sent 
by  mail,  seven  days  at  least  before  such  meeting,  to  each 
of  the  corporators  of  each  of  the  said  societies ;  and  at 
said  first  meeting  auy  number  of  said  corporators,  not 
less  than  ten,  shall  be  a  quorum  for  the  purposes  of  said 
meeting. 


1874.— Chapter  59.  55 

Section  6.     The  annual  and  other  corporate  meethi2js  Annual  and  cor- 

^       .  1  porate  nieet- 

of  said  American  College  and  Education   Society,  when  lugs. 
formed  by  the  union  herein  before  provided,  may  there- 
after be  holden  at  such  place  and  time  as  said  corporation 
may  by  its  by-laws  or  vote  provide. 

Sectiox  7.     This  act  shall  take  effect  upon  its  passage. 

AjJproved  March  9,  187-1. 
An  Act  to  authorize  the  sale  of  public  buildings  in  great  CJiap.5Q. 

HARRINGTON,  AND  FOR  OTHER  PURPOSES.  ^ 

Be  it  enacted,  &c.,  asfolloivs : 

Sectiox  1.     The  county  commissioners   of  the  county  county  commis- 
of  Berkshire  are  hereby  authorized,  in  their  discretion,  to  coumypopeny 
sell  and  convey  the  property  and  estate  belonging  to   said  B^rrta^n.  ^''* 
county  and  situated  in  the  town  of  Great  Barrington,  and 
to  use  the  avails  thereof  in  providing  either  alone,  or  in 
connection  with  the  inhabitants  of  said  town,  suitable  ac- 
commodations  therein   for   the    wants    of    said    county, 
including  places  for  the  registry  office  of  the  southern  dis- 
trict of  said  county,  and  for  holding  the  probate  court  and 
the  district  court  of  southern  Berkshire.     And  they  are  May  borrow 
also  authorized  to  borrow  on  the  credit  of  said  county,  and  ceedmg"|i5iooo. 
to  use  for  the  purposes  aforesaid  a  sum  of  money  not  to 
exceed  fifteen  thousand  dollars. 

Section  2 .     The   inhabitants    of  said   town   of   Great  ^^t.  Barrington 

1         •        T  •  1  nifiy  unite  with 

Barrington  are  hereby  authorized  to  unite  upon  such  terms  the  county  in 
as  they  may  think  fit,  with  the  county  of  Berkshire  in  the  ing,  or  erect 
erection  of  a  building  which  shall  embrace  suitable  pro-  ujase'to^county. 
vision  as  a  town-hall  for  the  wants  of  said  town  and  its 
officers  and  such  other  accommodations   for  the  wants  of 
said  county  as  the  county  commissioners  may  judge  to  be 
sufficient ;  or  said  inhabitants  may  erect  said  building  at 
their  own  expense,  and  lease  such  portions  of  the  same  as 
may  be  agreed  on  by  said  county  for  the  uses  thereof. 

Section  3.     The   inhabitants    of   said   town  of  Great  Town  may  pur. 

-!-»•  1  Tiii<T»'  ^        -I     •  -1    chase  land  for 

Barrington  may  purchase  and  hold  sumcient  land  in  said  erection  of 
town  as  a  place  for  the  erection   of  said  building,»and  for  soidiera^  monu- 
the  erection  of  a  soldiers'  monument,  the  whole  land  so  ™®"*" 
purchased  to  be  in  one  parcel  and  not  to  exceed  one  acre. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  9,  1874. 


56 


1874.— Chapter  60. 


Chap.  60. 


Board  of  Regis- 
trars of  voters 
to  be  appointed 
by  the  mayor 
and  aldermen. 


To  perform  all 
duties  respect- 
ing preparation 
of  voting  lists 
heretofore  re- 
quired of  mayor 
and  aldermen. 


To  be  sworn. 
Compensation. 


To  appoint  as- 
sistant regis- 
trars. 


An  Act  to  establish  the  board  of  registrars   of  voters   of 

THE   city   of   boston,   AND   TO   REGULATE   THE   PREPARATION  AND 
REVISION   OF  THE  VOTING  LISTS   IN   SAID   CITY. 

Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.  There  shall  be  appointed  by  the  mayor  and 
aldermen  of  the  city  of  Boston  as  soon  as  may  be  after 
the  passage  of  this  act,  three  able  and  discreet  persons, 
inhabitants  of  said  city,  to  be  styled  the  Board  of  Regis- 
trars of  Voters.  One  of  said  registrars  shall  hold  his 
office  for  the  term  of  three  years,  one  for  the  term  of  two 
years,  and  one  for  the  term  of  one  year,  from  the  first 
day  of  April  in  the  year  eighteen  hundred  and  seventy- 
four.  And  annually  thereafter,  in  the  month  of  February 
or  March,  the  ma3'or  and  aldermen  shall  appoint  one  per- 
son qualified  as  aforesaid  to  be  a  registrar  of  voters  for 
the  term  of  three  years  from  the  first  day  of  April  in  the 
year  of  his  appointment.  And  in  case  of  a  vacancy  in  the 
office  of  registrar  by  reason  of  death,  resignation  or  re- 
moval, the  mayor  and  aldermen  shall  fill  such  vacancy  by 
the  appointment  of  a  person  qualified  as  aforesaid,  to  hold 
office  for  the  residue  of  the  term. 

Section  2.  The  registrars  shall,  in  addition  to  the 
duties  imposed  upon  them  by  this  act,  perform  all  and  sin- 
gular the  duties  devolved  upon  the  mayor  and  aldermen 
or  board  of  aldermen  by  any  general  or  special  laws 
which  now  are  or  hereafter  may  be  in  force,  respecting  the 
preparation,  correction,  revision,  publication,  and  trans- 
mission to  the  ward  officers,  of  the  alphabetical  lists  of 
voters  to  be  used  at  elections  in  said  city  ;  and  all  the 
powers  so  conferred,  and  all  the  duties  and  liabilities  so 
imposed  upon  the  mayor  and  aldermen,  or  board  of  alder- 
men of  said  city  in  relation  to  the  preparation,  correction; 
revision,  publication  and  transmission  of  said  lists  are 
hereljy  conferred  and  imposed  exclusively  upon  said  reg- 
istrars. 

Section  3.  The  registrars  shall,  before  entering  upon 
the  duties  of  their  office,  take  and  subscribe  an  oath  faith- 
fully to  perform  the  same.  They  shall  receive  such  annual 
compensation  as  the  city  council  may  from  time  to  time 
determine  ;  but  any  reduction  of  compensation  shall  take 
effect  ui)on  such  registrars  only  as  shall  be  appointed  after 
such  reduction. 

Section  4.  The  registrars  shall  annually  between  the 
first  day  of  May  and  the  first  day  of  October  appoint 
assistant  registrars  of  voters,  inhabitants  of  said  city,  not 


1874.— Chapter  60.  57 

exceeding  two  for  each  ward,  who  shall  be  sworu  by  one 

of  the  registrars  to  the  foithfiil  discharge  of  their  duties, 

and  shairhold  office  for  the  remainder  of  the  municipal 

year,  unless  sooner  discharged  by  the  registrars.     They  compensation. 

shall  receive  such  compensation  as  the  city  council  may 

from  time  to  time  determine  ;  but  such  compensation  shall 

not  be  regulated  by  the  number  of  names  registered  on 

any  list  of  voters. 

Sections.     The  resfistrars  and  the  assistant  registrars  to  prepare  and 

-.-,.'-,-,  V  -|    publish  lists  of 

under  then-  direction,  shall  prepare,   correct,   revise  and  voters. 

publish,  in  accordance  with  this  act  and  with  the  laws  of 

the  Commonwealth,  the  alphabetical  lists  of  voters  of  each 

ward  ;  and  the  collectors  of  taxes  of  said  city  shall  make 

the  return,  now  required  by  law  to  be  made  to  the  mayor 

and  aldermen,  to  the  board  of  registrars  of  voters  ;  and 

all  assessors  and  collectors  of  taxes  of  said  city  shall  fur-  collectors  of 

.  .     „  .••.!•  •  J.  •  1   *-'^^'^8  to  make 

nish  any  information  in  their  possession,  necessary  to  aid  return  to  board. 
the  registrars  and  assistant  registrars  in  the  discharge  of 
their  respective  duties. 

Section  6.     The  registrars  shall,  at  least  twenty  days  to  post  lists  in 
before  the  day  of  the  annual  state  election,  cause  printed  twenty  days  be 
lists  of  the  voters  in  each  ward  to  be  posted  in  three  or  ^on.****^  ^'^*^' 
move  places  in   such  ward,  with  notices  thereon,  stating 
the  place  and  hours  in  which  they  or  the  assistant  regis- 
trars for  such  ward  will  hold  sessions  to  correct  and  revise 
the  lists.     Such  sessions  shall  be  held  in  or  near  each  ward, 
three  or  more  hours  daily,  for  at  least  twelve  days  within 
the  twenty  daj^s  immediately  preceding  the  annual  state 
election,  and  in  addition,  six  evening  sessions,  of  at  least 
two  hours  length  each,  shall  be  held  within   said  ^twenty^ 
days.     If  the  assistant  registrars  refuse  to  place  the  name 
of  any  person   on  the  voting  list,  he  may  appeal  to  the 
board  of  registrars  of  voters. 

Section  7.     The  resfistrars  may  make  such  rules  and  to  make  rules 

.  Iff  o  ^      regulations 

regulations,  not  contrary  to  law,  tor  the  o;overnment  ot  for  government 

,,~  •,,  '    ,  i/>  •  j_'^i  •    •  of  assistants. 

the  assistant  registrars  and  tor  carrying  out  the  provisions 
of  this  act  as  they  may  deem  necessary. 

Section  8.     The  city  council  shall  furnish  office-room  to  be  furnished 
for  the  registrars,   and  shall,  when  requested  by  them,  room?^''^' 
provide  in  or  near  each  ward  a  suitable  room  for  their 
sessions. 

Section  9.     The   registrars    may  remove    any  officer  iiay  remove  any 
appointed  b}^  them,  may  fill  vacancies,  and  may  maketem-  ed  byM^em.'"^' 
porary  appointments  in  case  of  absence. 


58 


1874.— Chaptee  61. 


No  person  hold- 
ing office  under 
city,  state  or 
nation  to  be  ap- 
pointed regis- 
trar or  assistant. 


Penalty  for  giv- 
ing false  name 
or  false  answer 
to  registrars. 


Section  10.  No  person  who  holds  an  office  by  election 
or  appointment  under  the  government  of  the  United 
States,  of  the  Commonwealth,  or  of  the  city  of  Boston, 
except  justices  of  the  peace  and  officers  of  the  militia, 
shall  be  appointed  registrar  or  assistant  registrar ;  and  the 
appointment  or  election  of  a  registrar  or  assistant  regis- 
trar to  any  such  office  and  his  acceptance  thereof,  shall 
be  deemed  to  be  a  resignation  of  his  office  of  registrar  or 
assistant  registrar. 

Section  11.  Whoever  gives  a  false  name  or  a  false 
answer  to  any  registrar  or  assistant  registrar  concerning 
any  matter  relating  to  the  registration  of  voters,  or  to  the 
right  of  any  person  to  vote,  shall  incur  the  same  penalty 
which  is  provided  by  law  for  giving  a  false  name  or  false 
answer  to  the  selectmen  of  towns  when  in  session  to  correct 
the  lists  of  voters. 

Section  12.  Any  registrar  or  assistant  registrar  who 
wilfully  neglects  or  refuses  to  perform  the  duties  of  his 
office  shall  for  each  offence  forfeit  a  sum  not  exceeding 
two  hundred  dollars. 

Section  13.  This  act  shall  take  effect  when  accepted 
by  the  city  council  of  the  city  of  Boston. 

Approved  March  10,  1874. 

Chcip.Gl..   An  Act  to  incorporate  the  boston  protective  department. 
Be  it  enacted,  &c.,  asfolloios  : 

Section  1.  George  A.  Curtis,  Joseph  F.  Hovey, 
Joseph  W.  Kinsley,  William  B.  Sears,  Henry  B.  White, 
George  F.  Osborne,  C.  E.  Guild,  Charles  E.  Lane,  John 
W.  Porter,  and  all  other  officers  for  the  time  being  of  any 
incorporated  company  or  association  and  any  agent  doing 
the  business  of  fire  insurance  in  the  city  of  Boston,  who 
may  become  associated  with  them  and  their  successors, 
are  hereby  created  a  body  corporate  by  the  name  of  the 
"  Boston  Protective  Department,"  with  power  to  sue  and 
be  sued,  and  may  hold  by  purchase,  devise  or  otherwise, 
real  and  personal  property  for  the  use  of  said  corporation, 
to  an  amount  not  exceeding  one  hundred  thousand  dollars, 
and  may  sell  and  convey  any  part  thereof,  subject,  how- 
ever, to  the  laws  of  this  state. 

May  maintain  a       Section  2.     Said  corporatioii  shall  have  power  to  pro- 
corps  of  men  to.-.  -.  .    ,    .  ^  -jt  /t« 

discover  and  vidc  aud  mamtam  a  corps  oi  men,  with  proper  officers, 

whJsTappoint-  whose  duty  it  shall  be,  so  far  as  practicable  to  discover 

^bTect^to^a^p!  ^^^^  prevent  fires  ;  and  whose  appointment  shall  be  subject 

provai  of  fire  to  the  approval  of  the  board  of  fire  commissioners  ;  shall 

commissioners.  ■•■■•■ 


Penalty  for  neg- 
lect of  official 
duty. 


Subject  to  ac- 
ceptance by  citj"^ 
council. 


Corporators. 


Real  and  per 
sonal  estate. 


1874.— Chapter  61.  59 

provide  suitable  apparatus  to  save  and  preserve  life  and 
property  at  or  after  a  tire,  and  power  is  hereby  granted  to 
such  corps  and  its  officers  to  enter  any  building  on  fire,  or 
which  in  their  judgment  is  immediately  exposed  to,  or  in 
danger  of  taking  fire  from  other  burning  buildings,  to  pro- 
tect and  save  life  and  property  therein,  and  to  remove 
such  property  or  any  part  thereof  at  or  immediately  after 
a  fire  :  jji'ovided,  however,  that  nothing  in  this  act  shall  be 
so  construed  as  to  lessen  in  any  way  the  authority  of  the 
officers  or  members  of  the  Boston  fire  department,  or  to 
warrant  or  justify  any  interference  with  them  in  the  per- 
formance of  their  duties,  nor  shall  it  in  any  way  justify 
the  owner  of  any  builcliug  or  personal  property  in  the 
abandonment  of  his  property. 

Section  3.     The  officers  and  men  of  the  Boston  Pro-  Right  of  way 
tective  Department,  with  their  teams  and  apparatus,  shall  street! whife 
have  the  right  of  way,  while  going  to  a  fire,  through  any  going  to  a  fire. 
street,  lane  or  alley  in  the  city  of  Boston,  subject  to  such 
rules  and  regulations  as  the  city  council  and  the  fire  com- 
missioners may  prescribe,  and  subject  also  to  the  rights  of 
the  Boston  fire  department,  and  any  violation  of  the  street 
rights  of  the  Boston  Protective  Department  shall  be  pun- 
ished  in    the  same  manner  as  is  provided  for  the  pun- 
ishment of  violations  of  the   rights  of  the   Boston   fire 
department  in  chapter  three  huudred  and  seventy-four  of 
the  acts  of  eighteen  hundred  and  seventy-three. 

Section  4.     In  the  month  of  March  eighteen  hundred  Annnai  meeting 

^  T    •         1  1        /•  A  r         1        _c  of  the  corpora- 

and  seventy-four,  and  m  the  month  oi  March  oi  every  year  tiou. 

thereafter,  there  shall  be  held  a  meeting  of  the  corporation 

hereby  created,  of  which  ten  days'  previous  notice  shall  be 

inserted  in  at  least  two  newspapers  published  in  the  city 

of  Boston,  at  which  meeting  each  incorporated  insurance  insurance  com- 

company  or  association  doing  business  in  the  city  of  Bos-  Fight^to be?I^ 

ton,  whether  its  officers  or  its  agents  be  members  of  this  resented. 

corporation  or  not,  shall  have  the  right  to  be  represented 

by  one  of  such  officers  or  agent,  and  each  organization 

represented   at   such   meeting   shall    be    entitled   to   one 

vote. 

A  majority  of  the  whole  number  so  represented  shall 
have  power  to  decide  upon  the  question  of  sustaining  the 
corps  herein  before  mentioned,  and  of  fixing  the  maximum 
amount  of  expenses  which  shall*  be  incurred  therefor  during 
the  fiscal  year  next  to  ensue ;  and  the  whole  of  such 
amount  or  so  much  thereof  as  may  be  necessary  may  be 


60  1874.— Chaptee  61. 

assessed  upon  the  organizations  belonging  to  this  corpora- 
tion, and  upon  all  other  organizations  and  agencies,  as 
herein  before  mentioned,  in  proportion  to  the  several 
amounts  of  premiums  returned  as  received  by  each,  as 
hereinafter  provided,  and  such  assessment  shall  be  collect- 
able by  this  corporation  in  any  court  of  law  in  the  state  of 
Massachusetts. 
Payment  of  ex-  SECTION  5.  To  providc  for  tlic  payment  of  persons 
^^cusesprovi  e  gjj^p]^yg(j  ^y^^  ^q  maintain  the  apparatus  for  saving  life 
and  property  contemplated,  this  corporation  is  impowered 
to  require  a  statement  to  be  furnished  semi-annually  by 
all  corporations,  associations,  underwriters,  agents  or  per- 
sons, of  the  aggregate  amount  of  premiums  received  for 
insuring  property  in  the  city  of  Boston,  for  and  during  the 
six  months  next  preceding  the  thirtieth  day  of  June  and 
the  thirty-first  day  of  December  of  each  year,  which  state- 
ment shall  be  sworn  to  by  the  president  or  secretary  of  the 
corporation  or  association,  or  by  the  agent  or  person  so 
acting  and  effecting  such  insurance  •  in  said  city,  and  shall 
be  handed  to  the  treasurer  of  this  corporation,  within 
thirty  days  after  the  time  to  which  such  returns  are  to  be 
made. 
Treasurer  may  SECTION  6.  It  shall  be  lawful  for  the  treasurer  or  other 
menttobemade  appoiutcd  officcr  of  tliis  corporatiou,  within  ten  days 
companler^  after  the  first  day  of  January  and  thie  first  day  of  July,  in 
each  year,  by  written  or  printed  demand,  signed  by  him, 
to  require  from  every  corporation,  association,  underwriter, 
agent  or  person  engaged  in  the  business  of  fire  insurance 
in  the  city  of  Boston,  the  statement  provided  for  in  the 
last  preceding  section  of  this  act ;  and  every  officer  of  such 
corporation  or  association,  and  every  individual,  agent  or 
underwriter  who  shall,  for  thirty  days  after  such  demand, 
neglect  to  render  the  account,  shall  forfeit  fifty  dollars  for 
the  use  of  the  corporation  created  by  this  act ;  and  he  shall 
Penalty  for  neg-  also  forfcit,  for  their  use,  five  dollars  in  addition  for  every 
ocompy.  ^^^  j^^  shall  SO  ucglcct  after  the  expiration  of  the  said 
thirt}'^  days ;  and  such  additional  penalty  may  be  com- 
puted and  recovered  up  to  the  time  of  the  trial  of  any  suit 
for  the  recovery  thereof,  which  penalty  may  be  sued  for 
and  recovered,  with  costs  of  suit,  in  any  court  of  record 
within  this  state. 

Section  7.     This  act  shdlU  take  effect  upon  its  passage. 

Approved  March  10,  1874. 


1874.— Chapters  62,  63,  64:.  61 

An  Act  in  addition  to  an  act  to  encorpobate  the  episcopal  C7i€tp.G2. 

CHURCH  IN   DEDHAM. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.      The   Episcopal    Church   in   Dedham   in-  Name  changed 

to  St  I**iul's 

corporated  the  twelfth  day  of  June  in  the  year  one  thou-  Episcopal 
sand  eight  hundred  and  eighteen,  shall  hereafter  be  known  hum!''^  ""  ^^^' 
and  called  by  the  name  of  Saint  Paul's  Episcopal  Church 
in  Dedham,  and  under  that  name  shall  hold  and  possess  all 
the  property  and  shall  enjoy  all  the  rights  and  privileges, 
and  be  subject  to  all  the  liabilities  of  said  Episcopal 
Church  in  Dedham. 

Section  2.     The  said  corporation  shall  have  power  to  May  make  by- 
make  by-laws,   and  therein  to  prescribe  the   manner  in  '*'^*" 
which   persons   may  become  and  cease   to   be    members 
thereof. 

Section  3.     So  much  of  the  act,  to  which  this  is  in  Repeal. 
addition,  as  is  inconsistent  herewith,  is  hereby  repealed. 

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

Aj)p7'oved  March  10,  1874. 

An  Act  to  authorize  the  old  colony  railroad  company  to  CJldV.QS. 

HOLD   stock  in   CERTAIN   STEAMBOAT   COMPANIES.  -^ 

Be  it  e?iacted,  &c.,  asfolloivs: 

Section  1.     The  Old  Colony  Railroad  Company  may  May  take  stock 
purchase  or  subscribe  for  and  hold  shares,  to  an  amount  "In'^g^teambolts 
not  exceeding  ten  per  cent,  of  its  own  authorized  capital  ^° ^^^ ^°*"^" 
stock,  in  the  capital  stock  of  any  incorporated  company 
running  steamboats  in  connection  with  its  railroad  to  the 
islands  in  Vineyard  Sound  and  to  the  city  of  New  York : 
provided,  said  railroad  company  at  any  legal  meeting  of  Proviso, 
its  stockholders,  called  for  that  purpose  shall  elect  to  do 
so,  by  the  vote  of  a  majority  of  all  the  stock  of  said  rail- 
road. 

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

Approved  March  10, 1874. 

An  Act  to  extend  the  charter  of  the  baknstable  county  Chcip.Q4:. 

MUTUAL     FIRE     INSURANCE     COMPANY     AND     TO     AUTHORIZE    SAID 
CORPORATION   TO   HOLD   REAL  ESTATE. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     The   charter   of    the    Barnstable    County  charter  contin. 
Mutual  Fire  Insurance  Company  is  amended  by  striking  liLitluou  of 
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 


62 


1874.— Chapters  65,  66. 


Real  estate  not 

exceeding 

$5,000. 


Time  for  loca- 
tion and  con- 
struction ex- 
tended. 


Annual  meeting 
in  Boston. 


forth  ill  the  general  laws  which  now  are,  or  hereafter  may 
be  in  force  and  applicable  to  such  corporations. 

Section  2.  Said  company  may  purchase  and  hold  real 
estate  in  Yarmouth,  to  an  amount  not  exceeding  five  thou- 
sand dollars,  to  be  used  for  the  business  purposes  of  said 
company. 

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

Approved  March  10,  1874. 

Chap.  65.  An  Act  concerning  the  duxbury  and  cohasset  railroad  com- 
pany. 
Be  it  enacted,  c6c.,  as  follows: 

Section  1.  The  time  within  which  the  Duxbury  and 
Cohasset  Railroad  Company  may  locate  and  construct  its 
railroad  in  the  towns  of  Duxbury  and  Kingston,  and  issue 
new  stock  therefor,  under  the  provisions  of  chapter  one 
hundred  and  four  of  the  acts  of  eighteen  hundred  and 
seventy- one,  is  extended  for  one  year  from  the  passage  of 
this  act. 

Section  2.  The  Duxbury  and  Cohasset  Railroad  Com- 
pany may  hold  its  annual  meeting  in  Boston. 

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

j^pproved  March  1 7,  1874. 

Chap.  66.  An  Act  to  incorporate  the  Massachusetts  anglers'  associa- 
tion. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  John  P.  Ordway,  C.  Warren  Gordon, 
Charles  Stanwood,  Elnathan  Delano,  James  Walker,  A. 
F.  Squier,  James  P.  Richardson,  Walter  M.  Brackett, 
Baylies  Sanford,  John  F.  Mills,  their  associates  and 
successors,  are  incorporated  under  the  name  of  The 
Massachusetts  Anglers'  Association,  for  the  purpose  of 
securing  and  enforcing  proper  restrictions  upon  the  taking 
and  killing  of  fish,  shell-fish  and  bivalves  ;  the  promotion  of 
fish-culture,  and  the  introduction  of  new  species  and  varie- 
ties of  fish ;  and  to  disseminate  information  relating 
thereto. 

Section  2.  The  said  corporation  shall  have  power  to 
make  by-laws,  not  inconsistent  with  the  laws  of  the  Com- 
monwealth, for  the  regulation  of  the  association,  and  the 
management  of  the  same  and  of  its  concerns  ;  to  receive 
donations,  bequests  and  devises,  for  promoting  the  objects 
of  said  association  ;  to  lay  and  collect  assessments  upon 
the  members  not  exceeding  five  dollars  per  annum ;  to 
enforce  the  payment  of  such  assessments,  by  action  for  the 


Corporators. 


Name  and  pur 
pose. 


May  make  by- 
laws and  receive 
donations. 


Assessment  up- 
on members. 


1874.— Chapters  67,  QS.  63 

same ;  to  purchase  and  hold  real  estate  to  the  amount  of  fj^^^^^e^j^P"" 
fifty  thousand  dollars,  and  personal  estate,  to  the  amount 
of  twenty-five  thousand  dollars ;  to  elect  a  treasurer, 
secretary,  and  other  ofiicers,  the  election  of  which  shall  be 
provided  for  in  the  by-laws  of  said  association,  the  meet- 
inofs  for  the  election  of  such  ofiicers  to  be  called  at  the 
times  and  in  the  manner  provided  in  such  by-laws  ;  to 
empower  such  officers,  or  other  members,  or  any  attorney, 
agent,  or  representative  of  said  association,  to  transact  the 
business,  manage  and  apply  the  funds,  discharge  the 
functions,  and  promote  the  objects  thereof;  and  to  com- 
mence and  defend  suits. 

Section  3.     Any  member   of    said    corporation    may  Member  of  cor- 
cease  to  be  a  member  thereof,  by  giving  written  notice  to  wUhdrawTpon 
that  effect  to  the  president,  treasurer,  secretary  or  other  g^^'^''"'^''^ 
officers,  and  paying  the  amount  due  from  him  to  the  asso- 
ciation. 

Section  4.     The  first  meeting  of  the  members  of  said  First  meeting  of 

O  corporation. 

corporation  may  be  called  by  any  one  of  the  persons 
named  in  the  first  section,  by  giving  one  or  more  week's 
notice  by  advertisement  in  any  newspaper  printed  in 
Boston. 

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

Aijproved  March  18,  1874. 

An    Act    coxcernixg   the    salaries    of   the    clerks   of   the  CllCip.QtJ. 

COURTS  FOR  THE  SEVERAL  COUNTIES. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     Hereafter,  if  the  fees  received  by  any  of  fJ^J^^jf/^g^^*"*^ 
the  clerks  of  the  courts  for  the  several  counties  do  not  ^JthaUfees, 

1  111     whether  col- 

amount  to  the   salary  established   by  law,  then  such  clerk  lectedomot. 
shall  be  charged  with  all  the  fees,  whether  the  same  be 
collected  or  not,  and  receive  from  the  county  treasurer 
the  difference  between  the  amount  of  his  fees  and  the  sal- 
ary established  by  law. 

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

Approved  March  18, 1874. 

Ax  Act  to  authorize  the  mill  0"\\ts-ers'  mutual  fire  insur-  Chcip.6S. 

ANCE    COMPANY   TO   EXTEND   ITS    BUSINESS    AND  FOR   OTHER    PUR- 
POSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  Mill  Owners'  Mutual  Fire  Insurance  May  issue  pou- 
Company  is  authorized  in  addition  to  the  powers  granted  ertyinXew"^" 
to  them  by  virtue  of  their  charter,  to  issue  policies  against  Je^/^itf,^^'^^^' 
losses  by  fire  upon  any  property  named  in  said  charter, 


64  1874.— Chapters  69,  70. 

situated  in  the  New  England  states,  and  in  the  states  of 
New  York,  Pennsylvania  and  New  Jersey  :  subject,  how- 
ever, to  the  duties,  liabilities  and  restrictions  which  by 
law  appertain  thereto. 
Policies  legal-  SECTION  2.  All  policics  issucd  aiid  coutracts  for  insur- 
ance made  by  said  company  in  any  of  the  states  mentioned 
in  section  one  are  legalized  and  made  valid. 

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

Ax>proved  March  IS,  1874. 

OJlCtV.QQ.   ^^  -^C'T    TO    AUTHORIZE    THE    BOSTON  AND    PROVn)ENCE    RAILROAD 
^   *         *  CORPORATION  TO   HOLD  STOCK  IN   STEAMBOAT   COMPANIES. 

Be  it  enacted,  &c.,  as  folloivs : 
May  take  stock       SECTION  1 .     The  Bostou  aud  Provideucc  Railroad  Cor- 

iu  company  run-  .  ,  i-ix-  iiui 

ning  steamboats  poration  may  puTchasc  or  subscribe  tor  and  hold  shares 
connmion'with  to  ail  amouut  uot  exceeding  ten  per  cent,  of  its  capital 
railroad.  stock  as  HOW  authorized  in  the  capital  stock  of  any  incor- 

porated company  running  steamboats  in  connection  with 
the  lines  of  which  the  railroad  of  said  corporation  forms 
a  part  to  the  islands  in  Vineyard  Sound  and  to  the  city 
Proviso.  of  New  York :    provided,   said   Boston   and    Providence 

Railroad  Corporation  at  any  legal  meeting  of  its  stock- 
holders called  for  that  purpose  shall  elect  so  to  do  by  a 
vote  of  a  majority  of  all  the  stock  of  said  railroad. 

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

Approved  March  18,  1874. 

Ch(ip.70.  An  Act  concerning  the  breaking  and  entering  of  railroad 

^  CARS. 

Be  it  enacted,  &c.,  asfollotvs: 
Penalty  for  Section  1.     Whocvcr  brcaks  and  enters  in  the  night- 

entering  raii-  time,  any  railroad  car,  with  intent  to  commit  the  crime  of 
nilht-'time"  whh  larccuy  or  any  other  felony,  shall  be  punished  by  imprison- 
a'ferony.*''"^"'"  mcut  ill  the  statc  prison  not  exceeding  ten  years,  or  by 
fine  not  exceeding  five  hundred  dollars  and  imprisonment 
in  the  house  of  correction  not  exceeding  two  years. 
Penalty  for  Section  2.     Whocvcr  euters  in  the  night-time  without 

enterin"|ia°the  breaking,  or  breaks  and  enters  in  the  day-time,  any  rail- 
day-time.  yq^^  car,  with  iuteiit  to  commit  the  crime  of  larceny  or 

any  other  felony,  shall  be  punished  by  imprisonment  in 
the  state  prison  not  exceeding  five  years,  or  by  fine  not 
exceeding  five  hundred  dollars,  and  imprisonment  in  the 
house  of  correction  not  exceeding  two  years. 

Apptroved  March  18,  1874. 


1874.— Chaptees  71,  72,  73.  65 

An  Act  to  incorporate  the  prince  society.  Clui]).l\. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     John  Ward  Dean,  J.  Wingate  Thornton,  Coiporatois. 
Edmund  F.   Slafter  and  Charles  W.  Tuttle,   their  asso- 
ciates   and    successors    are   made    a    corporation  by  the 
uame  of  the  Prince  Society,  for  the  purpose  of  preserving  Name  and  pur- 
and  extending  the  knowledge  of  American    history,  by  '^'°^  ' 
editing  and  printing   such  manuscripts,   rare  tracts  and 
volumes,  as  are  mostly  confined  in  their  use  to  historical 
students  and  public  libraries. 

Section  2.     Said  corporation  may  hold  real  and  per-  Real  and  per- 
sonal estate  to  an  amount  not  exceeding  thirty  thousand 
dollars. 

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

Approved  March  18,  1874. 

An  Act  to  authorize  the  emigrant  savings  bank  to  hold  CJlGJ)'^^' 

ADDITIONAL  REAL  ESTATE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  Emigrant  Savings  Bank  is  authorized  Additional  roai 

O  '^  &  estate  not  ex- 

to  hold  real  estate  in  addition  to  the  amount  now  author-  cetding 
ized  by  law,  to  an  amount  not  exceeding  one  hundred 
thousand  dollars. 

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

A2yproved  March  18,  1874. 

An  Act  to  authorize  the  boston  and  albany  railroad  com-  ChctJ^.  73. 

PANY   to   change   THE   LOCxlTION   OF  ITS  RAILROAD  IN  THE  TOWNS 
OF   WESTON  AND   NEEDHAM. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  Boston  and  Albany  Eailroad  Company  May  change 
may  change  the  location  of  its  railroad  in  the  towns  of  in*^wes"to°n.  '°'**^ 
Weston  and  Needham,  beginning  at  a  point  about  one 
hundred  and  twenty  feet  distant  easterly  from  the  twelfth 
mile-post  in  the  original  location  of  the  Boston  and  Worces- 
ter Railroad  in  the  town  of  Weston,  and  r aiming  thence 
southerly,  north-westerly  of  said  original  location,  to  a 
point  in  the  town  of  Needham,  near  the  ledge,  about  nine 
hundred  and  fifty  feet  northerly  from  the  thirteenth  mile- 
post.  Said  new  location  shall  be  filed  within  one  year 
and  constructed  within  two  years  from  the  passage  of  this 
act. 

Section  2.     The  said  railroad  company  may  chan^  the  May  change 
location  of  its  railroad  in  the  town  of  Needham,  beginning  inNecdham!"** 
at  a  point  near  the  ledge  north  of  said  thirteenth  mile- 
post,    thence   running    south-westerly,    south-easterly   of 

9 


66 


1874.— Chapter  74. 


May  abandon 
original  loca- 
tion. 


To  remove 
station. 


Chap.74.. 


Corporators. 


Name  and 
purpose. 


Powers  and 
duties. 


Real  and  per- 
sonal  estate. 


First  meeting  of 
corporation. 


said  original  location,  to  a  point  in  said  original  location 
north  of  the  bridge  on  the  old  Worcester  turnpike  in  the 
viUaffe  of  Grantville.  Said  new  location  shall  be  tiled 
within  two  years  and  the  same  shall  be  constructed  within 
three  years  from  the  passage  of  this  act. 

Section  3.  The  said  railroad  company  may  abandon 
said  original  location  between  the  points  indicated  in  the 
jireceding  sections. 

Section  4.  Said  railroad  company  shall  remove  the 
station  at  Rice's  Station,  so  called,  to  the  intersection  of 
the  road  to  Weston  with  said  new  location. 

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

Approved  March  19,  1874. 

An  Act  to  incorporate  the  "American  association  for  the 
advancement  of  science." 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Joseph  Henry  of  Washington,  Benjamin 
Peirce  of  Cambridge,  James  D.  Dana  of  New  Haven, 
James  Hall  of  Albany,  Alexis  Caswell  of  Providence, 
Stephen  Alexander  of  Princeton,  Isaac  Lea  of  Philadelphia, 
F.  A.  P.  Barnard  of  New  York,  John  S.  Newberry  of 
Cleveland,  B.  A.  Gould  of  Cambridge,  F.  Sterry  Hunt  of 
Boston,  Asa  Gray  of  Cambridge,  J.  Lawrence  Smith  of 
Louisville,  Joseph  Lovering  of  Cambridge  and  John  Le 
Conte  of  Philadelphia,  their  associates,  the  officers  and 
members  of  the  association,  known  as  the  "American 
Association  for  the  Advancement  of  Science,"  and  their 
successors,  are  hereby  made  a  corporation  ])y  the  name  of 
the  "American  Association  for  the  Advancement  of 
Science,"  for  the  purpose  of  receiving,  purchasing,  hold- 
ing and  conveying  real  and  personal  property,  which  it 
now  is,  or  hereafter  may  be  possessed  of,  with  all  the 
powers  and  privileges,  and  subject  to  the  restrictions, 
duties  and  liabilities,  set  forth  in  the  general  laws  which 
now  or  hereafter  may  be  in  force,  and  applicable  to  such 
corporations. 

Section  2.  Said  corporation  may  have  and  hold  by 
purchase,  grant,  gift  or  otherwise,  real  estate  not  exceed- 
ing one  hundred  thousand  dollars  in  value,  and  personal 
estate  of  the  value  of  two  hundred  and  fifty  thousand 
dollars. 

Section  3.  Any  two  of  the  corporators  above  named 
are  hereby  authorized  to  call  the  first  meeting  of  the  said 
corporation  in  the   month  of  August    next    ensuing,   by 


I 


1874.— Chapters  75,  76,  77.  67 

notice  thereof  "by  mail,"  to  each  member  of  the  said 
association. 

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

Approved  March  19,  1874. 

An  Act  to  establish  the  salary  of  the  clerk  of  the  police  (Jhap.  75. 

COURT   OF  KITCHBURG. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  annual   salary   of    the    clerk    of   the  saiaiycstab- 
police  court  of  Fitchburg  shall  hereafter  be  eight  hundred  ^''''^"'' 
dollars. 

Section  2.     This  act  shall  take  effect  on  the  first  day 
of  April  next.  Aiypiroved  March  19,  1874. 

An  Act  to  prevent  the  desertion  of  cuews  of  vessels.        C/l(ip.7(^. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     Whoever  entices  or  persuades,  or  attempts  Penalty  for  en. 
to  entice  or  persuade,  or  aids,  or  assists,  or  attempts  to  a^"ifo7tode"^ 
aid  or  assist,  any  member  of  the  crew  of  a  vessel  arriv-  *®'''* 
ing  in  or  about  to  sail  from  a  port  in  this  state  to  leave 
or  desert  said  vessel  before  the  expiration  of  his  term  of 
service   therein,    shall    forfeit    a  sum  not  exceeding  two 
hundred  dollars  for  each  offence,  and  be  punished  by  im- 
prisonment for  not  more  than  six  months,  nor  less  than 
thirty  days,  at  the  discretion  of  the  court. 

Section  2.     The    twenty-fourth    section   of   the    fifty- Repeal  of  o.s. 
second  chapter  of  the  General  Statutes  is  repealed,  but*' 
such  repeal  shall  not  affect  any  pending  prosecntion. 

Approved  March  19,  1874. 

An  Act  to  amend  chapter  three  hundred  and  four  of  the  (7/^^79.77. 
acts  of  eighteen  hundred  and   seventy,   concerning  the  ^ 

preservation  of  "birds,  birds'  eggs  and  deer."  * 

Be  it  enacted,  &c.,  asfollotvs: 

Section  1.     Chapter  three  hundred  and  four  of   the  woodcock  may 
acts  of  one  thousand  eight  hundred  and  seventy  is  amended  tweenjuiy^ 
so  as  to  allow  the  taking  or  killing  of  woodcock  between  p"ftH^iges'b^e"'^ 
the  fourth  day  of  July  and  the  first  day  of  January  in  tweenSept.  i 

*/  t/  *J  */  0,11(1  J  till,  1, 

each  year ;  and  the  taking  or  killing  of  partridges  or 
rufiied  grouse,  between  the  first  day  of  September  and  the 
first  day  of  January  in  each  year. 

Section  2.     Section  eight  of  said  act  is  amended  by  Amendment  to 
striking  out  in  the  fourth  and  fifth  lines  of  said  section,  i^^*^' ^'^^^  5  §• 
the  words  "taken  or  killed  out  of  place  or  season  as  afore- 
said," and  by  inserting  instead  thereof  the  woris  "during 


68  1874.— Chapteks  78,  79,  80. 

the  time  withiu  which  the  taking  or  killing  of  the  same  is 
prohibited." 

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

Approved  March  19,  1874:. 

CJl(ip.7S.  An  Act  to  amend  chapter  one  hundred  and  sixty-two  of 
the  general  statutes   relating  to  forgery  and  offences 
against  the  currency. 
Be  it  enacted,  &c.,  asfoUoivs: 
Amendment  to       Sectiou  oiic  of  chapter  one  hundred  and  sixty-two  of 
the   General  Statutes  is  amended  by  inserting  after  the 
M'ord  "property"  in  the  eleventh  line  thereof,  the  words 
"or  any  certificate  of  stock,  or  any  evidence  or  muniment 
of  title  to  property."  Approved  March  19, 1874 

Chap.lQ.  -^^  Act  concerning  embezzlements  by  receivers  and  other 
officers  appointed  by  courts  of  record. 
Be  it  enacted,  &c.,  as  follows: 
fffi"eer^appoint-       ^"7  rcccivcr  or  other  officer  appointed  by  a  court  of 
ed  by  a  court  of  record  who  sliall  embezzle  or  fraudulently  convert  to  his 

rccoru  lor  cm- 

bezziement.  owii  usc,  or  fraudulently  take  or  secrete  with  intent  so 
to  do,  any  ejffects  or  property  coming  into  his  possession 
by  virtue  of  such  appointment,  shall  be  deemed  to  be 
guilty  of  larceny  and  be  punished  by  imprisonment  in  the 
state  prison  not  exceeding  ten  years,  or  by  fine  not  exceed- 
ing one  thousand  dollars  and  imprisonment  in  the  jail  not 
exceeding  two  years.  App)roved  March  19, 1874. 

ChciT). 80   An  Act  to  authorize  the  eastern  railroad  company  to  con- 

"'         *         FIRM  ITS   BONDS  ALREADY  ISSUED,  AND   FOR   OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

^tlJoiiV^^        Section  1.     The  Eastern  Eailroad  Company  may  by  a 

bonds.  majority  of  the   votes  at  a  meeting  of   its  stockholders 

called  for  the  purpose,  ratify  the  issue  of  its  bonds  to  the 

amount  of    two  hundred  thousand  pounds   sterling    and 

interest    heretofore    made    under    the    authority    of    its 

directors  by  vote  of  March  thirty-first,  eighteen  hundred 

and  seventy-three,    and   thereupon    said    bonds    shall    be 

valid  and  binding  as  if   duly  authorized  by  vote  of  its 

stockholders  according  to  law. 

May  issue  bonds       Sectiox  2.     Said  corporation  for  the  purposc  of  fuud- 

not  exceedins;        ,  i        ,>  .  .         i  i       i  .     /• 

$2,000,000,  iJr    mo-  its  floatmo;  debt  and  of  paying  its  bonds  heretofore 

funding  flouting   .    ^       ,  ^  ,      .  ^i         •        ?  i  •       •*.  x*   vl 

debt,  Kc.  issued,  may  upon  being  authorized  by  a  majority  ot  the 

votes  at  such  meeting  of  its  stockholders,  issue  its  bonds 
payable  in  not  exceeding  twenty  years  from  the  date 
thereof  bearing  interest  at  six  per  centum  per  annum  pay- 
able semi-annually  to  an  additional  amount  not  exceeding 


1874.— Chaptees  81,  82,  83.  69 

two  millions  of  dollars,  or  if  expressed  in  the  currency  of 
Great  Britain,  to  an  amount  not  exceeding  four  hundred 
thousand  pounds  sterling. 

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

A2)proved  March  23,  1874. 

An  Act  to  amend  an  act  to  incorporate  the  boston  mort-  ChcilJ.^X, 

GAGE   company. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Section  two  of  chapter  two  hundred  and  ^sTs^mT"" 
seventy  of  the  acts  of  eighteen  hundred  and  seventy-three 
is  amended  by  striking  out  the  words  "the  whole,"  and 
inserting  the  words  "five  hundred  thousand  dollars  of  the." 

Section  2.     Section  five  of  said  chapter  is  amended' bv  Amendment  to 

•  1.  »/     ixys   270    6  5 

inserting  after  the  words  "one-fourth  of  the  capital  stock,"       '  . 
the  words  "paid  in,"  and  also  by  inserting  in  said  section 
after  the  words  "provided,  however  that  the  capital,"  the 
words  "paid  in." 

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

Apx)roved  March  23,  1874. 

An  Act  to  protect  the  rights  of  owners  of  ponds.  CJlCW. S2. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Whoever  without  the  written  consent  of  ^^kif?!^fi^wr 
the  proprietor  or  lessee  of  any  natural  or  artificial  pond,  private  pond 

,,  ,-•    •    1  /•        1   •    1       •  J.  j_i  J  ^       without  written 

the  superficial  area  oi  which   is  not    more   than   twenty  consent  of 
acres,  takes  any  fish  therefrom  he  shall  forfeit  and  pay  a  o^^^e'' "i"  lessee. 
fine  not  exceeding  twenty-five  dollars  for  every  such  of- 
fence, to  be  recovered  before  any  court  having  jurisdiction 
of  such  oflence. 

Section  2.     No  penalty  under  this  act  shall  be  incurred  P°"<^t°^''    ^ 

.  ,  1  T  ,  ,  ,        measured,  and 

until  such  proprietor  or  lessee  has  caused  such  pond  to  be  measurement 
measured,  and  such  measurement  to  be  recorded  in  the  town  clerk's 
town  clerk's  ofiice  in  each  town  within  which  such  pond  is  °^'^®" 
situated,  in  the  manner  provided  by  section  eleven  of  chap- 
ter three  hundred  and  eighty-four  of  the  acts  of  eighteen 
hundred  and  sixty-nine. 

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

Apxtroved  March  23,  1874. 

An  Act  to  confirm  certain  conveyances  by  certain  trustees.  Chcip.83. 
Be  it  enacted,  &c.,  as  follows: 

Section  1 .     The  several  deeds  purporting  to  be  convey-  conveyances  by 
ances  of  lauds  made  by  George  B.  Loring  and  John  A.  firmed. 
Loriug  trustees  under  a  deed  from  Francis  W.  Pickman 
and  others  to  J.  lugersoll  Bowditch  and  another,  recorded 


70  1874.— Chapters  84,  85. 

with  Essex  county  deeds,  book  six  hundred  and  tAventy- 
seven,  leaf  one  hundred  and  nineteen,  and  under  the  will 
of  William  Pickman,  late  of  Salem,  deceased,  testate, 
which  was  approved  and  allowed  by  the  judge  of  probate 
for  the  county  of  Essex,  at  a  court  of  probate  held  on  the 
thirtieth  day  of  June  in  the  year  one  thousand  eight  hun- 
dred and  fifty-seven,  shall  ])e  as  valid  to  pass  an  estate  in 
fee  simple  in  and  to  the  lands  therein  described  as  said 
deeds  would  have  been  if  power  had  been  conferred  on 
said  trustees  in  the  deed  and  will  aforesaid. 

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

Approved  Mai-ch  23,  187-1. 

(7/^^79.84.        '        -A^N  Act  relating  to  returns  of  savings  banks. 

Be  it  enacted,  &c.,  as  follows : 
Treasurers  to  SECTION  I.     Ill  addition  to  the  statements  uow  required 

ra'teofiuterest    iu  the  auuual  rctums  of  savings  banks  and  institutions  for 
[oans!*^'  '^^        savings,  each  treasurer  thereof  shall  state  the  rate  of  inter- 
est received  by  such  bauk  or  institution,  on  loans,  and  the 
total  amount  of  loans  bearing  each  specified  rate  of  inter- 
est. 

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

Apx>roved  March  23,  1874. 


Chap.85. 


An  Act  to  amend  chapter  two  hundred  and  one  of  the  acts 
OF  eighteen   hundred  and  seventy-two,  to   establish  the 

second   district   court   of   southern   WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 
Terms  of  court        Section  1.     Said  coui't  sliall  be  held  for  trials  by  jury 
^or^nas  y       ^^^  somc   Suitable  place  to  be  furnished  by  the  county  of 
Worcester,   except  on  legal  holidays ;    in  Blackstone  or 
Uxbridge  at  such  times  as,  in  the  discretion  of  the  justice, 
the  public  convenience  may  require.     And  at  said  courts 
Terms  for  crim-  Said  justicc  may  trausact  any  criminal  business  or  any  civil 
maibusmess.     b^^giuess,  uot  requiring  a  jury.     When  said  court  is  not  in 
session  for  trials  by  jury,  it  shall  be  held  for  criminal  busi- 
ness in  Blackstone,  on  Monday,  Wednesday  and  Friday, 
and  in  Uxl)ridge,  on  Tuesday,  Thursday  and  Saturday, 
except  on  legal  holidays,  in  each  week,  at  nine  o'clock  in 
the  forenoon,  and  in  the  afternoon,  if  required ;  and  for 
civil  business,  in  Blackstone,  on  Monday,  and  in  Uxbridge, 
on  Saturday,  except  on  legal  holidays,  iu  each  week,  and 
at  such  other  times  as,  in  the  discretion  of  the  justice, 
public  convenience  may  require. 
j^iS.°^  Section  2.     From  the  first  day  of  April,  eighteen  hun- 

dred and  seventy-four,  the  standing  justice  of  said  court 


1874.— Chapters  86,  87,  88.  71 

shall  receive  an  annual  salary  of  fifteen  hundred  dollars,  to 
be  paid  from  the  treasury  of  the  Commonwealth. 

The  compensation  of  the  special  iustices  shall  be  deter-  compensation 

J^.  A  ''  -Till  ,.        of  special 

mmed  and  paid  ni  the  maimer  now  provided  by  law  tor  justices. 
special  justices  of  police  courts. 

Section  3.     Sections  four  and  five  of  chapter  two  hun-  Repeal  of  isva, 
dred  and  one  of  the  acts  of  eighteen  hundred  and  seventy-      '      '  ' 
two  are  hereby  repealed. 

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

Aijproved  March  23,  1874. 

An  Act   to   prohibit   fishing  in   any  reservoirs,  ponds,  and  Chap. 86. 

STREAMS   TAKEN  BY   THE   CITY   OF  WORCESTER    FOR    A    SUPPLY    OF 
PURE   WATER. 

Be  it  enacted,  &c.,  as  folloios : 

Section   1.     No  person  shall  take  any  fish  from  any  Fishing  prohib- 
reservoirs,  ponds  and  streams  held  or  owned  by  the  city  heu  by worces. 
of  AVorcester  for  the  purpose  of  supplying  said  city  with  pure°wS'^°^ 
pure  water,  without  the  permission  of  the  water  commis- 
sioners of  said  city,  under  the  direction  of  the  city  council 
of  said  city. 

Section  2.    Any  person  offending  against  the  provisions  Penalty. 
of  this  act  shall  forfeit  and  pay  a  fine  of  not  less  than  five 
dollars  and  not  more  than  fifty  dollars,  to  be  recovered  by 
prosecution  before  any  court  of  competent  jurisdiction. 

Approved  March  24,  1874. 

An  Act  to  authorize  the  town  of  lexington  to  raise  money  Chap.  87. 

FOR  A  centennial  CELEBRATION. 

Be  it  enacted,  &c.,  as  follows  : 

The  town  of  Lexington  is  authorized   to   appropriate  Lexington  may 

i'lj-j.-  1  •    i      raise  money  for 

from  her  treasury  or  to  raise  by  taxation  and  appropriate  a  centennial 
any  sum  of  money,  to  prepare  for  or  to  carry  forward  a  '^'^'''b'''*"^"- 
centennial  celebration  of  the  opening  event  of  the  Ameri- 
can Revolution,   and    for  the  unveiling  of  the  statues  of 
John  Adams  and  John  Hancock,  on  the  nineteenth  day  of 
April,  eighteen  hundred  and  seventy-five  :  provided,  that  Proviso. 
the  sum  so  appropriated  shall  not  exceed  one-twentieth  of 
one  per  cent  of  the  valuation  of  said  town  last  preceding 
said  appropriation.  Approved  March  24, 1874. 

An  Act  to  authorize  the  town  of  barre  to  raise  and  appro-  Chap.  88. 

PRIATE   MONEY   FOR  THE   CELEBRATION   OF    ITS    CENTENNIAL  ANNI- 
VERSARY. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  town  of  Barre  is  authorized  to  raise  Barre  may  raise 
by  taxation,  loan,   or   otherwise,   a   sum   of  money  ^^t  ™°"^^  ^""^  * 


72 


1874.— Chapters  89,  90,  91. 


centennial  cele- 
bration. 


Chap.89. 


Annual  report 
to  be  made  in 
May. 


exceeding  one-tenth  of  one  per  centum  of  its  assessed 
valuation  for  the  year  eighteen  liundred  and  seventy-three, 
and  to  appropriate  the  same  for  the  celebration  of  the 
approaching  centennial  anniversary  of  the  incorporation  of 
said  town. 

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

Aiiproved  March  24,  1874. 

An  Act  in  relation  to  the  annual  report  of  the  commission- 
ers OF  CEDAR  GROVE  CEMETERY. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1 .  Section  seven  of  chapter  sixty-eight  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-eight  is  so 
amended  that  the  commissioners  of  the  cemetery  referred 
to  in  said  act,  now  known  as  Cedar  Grove  Cemeteiy, 
shall  make  the  annual  report  required  by  said  section  in 
the  month  of  May  instead  of  February  in  each  year. 

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

A2iproved  March  24,  1874. 

Chap.  90.  An  Act  to  authorize  the  salem  hospital  to  hold  additional 

ESTATE. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  Salem  Hospital  is  authorized  to  hold 
real  and  personal  estate  in  the  city  of  Salem  necessary  for 
the  purposes  of  the  organization,  to  an  amount  not  ex- 
ceeding^ three  hundred  thousand  dollars,  in  addition  to  the 
estate  said  body  corporate  is  now  allowed  by  law  to  hold. 

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

Approved  March  24,  1874. 


Real  and  per- 
sonal estate  not 
exceeding 
$300,000. 


Chap.91. 


Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


Capital  stock 
and  shares. 


An  Act  to  incorporate  the  grand  lodge  of  the  knights  of 

pythias  in  massachusetts. 
Be  it  enacted.  &c.,  as  follows: 

Section  1.  James  S.  Farrington,  Alouzo  B.  Stevens, 
Andrew  J.  Hastings,  their  associates  and  successors,  are 
made  a  corporation  by  the  name  of  the  Grand  Lodge  of 
the  Knights  of  Pythias  in  Massachusetts,  for  the  purpose 
of  erecting,  or  purchasing  and  maintaining  a  building  in 
the  city  of  Boston  for  the  accommodation  and  purposes  of 
said  Grand  Lodge  of  the  Knights  of  Pythias  and  any  other 
lawful  purpose ;  with  all  the  powers  and  privileges  and 
subject  to  all  the  duties,  restrictions  and  liabilities  set  forth 
in  all  general  laws,  which  now  are  or  hereafter  may  be  in 
force  applicable  to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  ten  thousand  dollars,  divided  into  shares  of  the 


1874.— Chapters  92,  93.  73 

jDar  value  of  one  hundred  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  liability 
until  two  thousand  dollars  of  its  capital  stock  has  been 
paid  in  in  cash. 

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

Approved  March  24,  1874. 
An  Act  to  authorize  hexuy  f.  thomas  and  Joseph  Bradford  CJiap.^2. 

TO   EXTEND   TIIEIK   WHAKF  IN  FALL  RIVER. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     License  is  granted  to  Henry  F.  Thomas  May  extend 

-tT  i-i-.T/'T  11'  1         p'T-'ii-r)*  -wharf  in  Fall 

and  .Joseph  Bradford  to  extend  their  whart  in  J^all  Kiver,  River. 
subject  to  the  provisions  of   chapter  four  hundred    and 
thii\v-two   of  the  acts  of  the  year  eighteen  hundred  and 
sixty-nine. 

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

Approved  March  24,  1874. 

An  Act  in  addition  to  an  act  incorporating  the  boston  gas-  CJuip.QS. 

LIGHT   COMPANY. 

Be  it  eiiacted,  &c.,  asfolloivs: 

Section  1 .  The  Boston  Gas-Light  Companj^  may  in-  May  increase 
crease  its  capital  stock  by  addmg  thereto  a  sum  not  ""^^^^^  ^*°*" 
exceeding  fifteen  hundred  thousand  dollars,  divided  into 
three  thousand  shares  of  the  par  value  of  five  hundred 
dollars  each,  to  be  paid  at  such  times,  and  in  such  amounts, 
as  are  hereinafter  specified,  and  may  invest  the  same  in 
such  real  and  personal  estate  as  may  be  necessary  and 
convenient  for  the  purposes  for  which  it  was  incorporated. 

Section  2.     Not  more   than    one    thousand    shares    of  issue  of  shares. 
stock  shall  be  issued  within  six  months,  nor  more  than 
two  thousand  shares  within  a  year,  nor  more  than  three 
thousand  shares  within  eighteen  months  subsequent  to  the 
passage  of  this  act. 

Section  3.  Said  stock  shall  be  disposed  of  under  the  saie  of  shares. 
provisions  of  chapter  thirty-nine  of  the  acts  of  eighteen 
hundred  and  seventy-three,  but  not  more  than  four  hun- 
dred shares  of  stock  shall  be  offered  for  sale  on  one  and 
the  same  day ;  and  at  least  ten  days  shall  elapse  after  any 
sale,  before  another  sale  is  advertised  and  made  ;  and  all 
the  net  proceeds  of  such  sales  shall  be  paid  into  the 
treasury  of  the  company  for  its  benefit. 

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

Approved  March  24,  1874. 
10 


74 


1874.— Chaptees  94,  95,  96. 


Corporation 
dissolved. 


Chcv])'V4:.  An  Act  to  dissolve  the  maple  street  congregational  soci- 
ety IN  DANVERS. 

Be  it  enacted,  &c.,  afi  follows: 

Sectiox  1.  The  corporation  known  as  the  Maple 
Street  Congregational  Society  in  Dan  vers,  a  religions 
society  established  nncler  the  laws  of  the  Commonwealth 
is  dissolved,  snbject  to  the  provisions  of  sections  thirty- 
six  and  thirty-seven  of  chapter  sixty-eight  of  the  General 
Statntes. 

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

Ajjproved  March  24,  1874. 


Ch(ip.Q5.  An  Act  to  change  the  name  of  the  corporation  knoavn  as 

THE   TRUSTEES   OF   THE   WESLEYAN   CHURCH  IN   DUXBURY. 

Beit  enacted,  &g  ,  as  follows: 
Name  changed.       Xhc  name  of  the  corporation  known  as  "The  Trustees 
of  the  Wesleyan  Church  in  Dnxbury,"  is  changed  to  "The 
Pilgrim  Congregational  Church  in  Dnxbury." 

Approved  March  24, 1874. 


Chap 


Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


Capital  stock 
and  shares. 


.96.  An  Act  to  incorporate  the  father  matthew  catholic  tem- 
perance   BENEFIT   SOCIETY  IN  THE  CITY   OF  LAWRENCE. 

Be  it  enacted,  &c  ,  as  follows: 

Section  1.  John  Campbell,  Thomas  Kenney,  William 
Cannon,  their  associates  and  successors  are  made  a 
corporation  by  the  name  of  the  Father  Matthew  Catholic 
Temperance  Beneiit  Society  in  the  city  of  Lawrence,  for 
the  purpose  of  erecting,  or  purchasing,  and  maintaining  a 
building  in  the  citj'  of  Lawrence,  for  the  accommodation 
and  purposes  of  said  society,  and  any  other  lawful  pur- 
pose ;  with  the  powers  and  privileges,  and  su])ject  to  the 
duties,  restrictions  and  liabilities  set  forth  in  the  general 
laws  which  now  are,  or  hereafter  may  be  in  force  appli- 
cable to  such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  twenty-live  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 
liability  until  five  thousand  dollars  of  its  capital  stock  has 
been  paid  in  in  cash. 

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

Axjproved  March  24,  1874. 


1874.— Chaptee  97.  75 

An  Act  to  provide  for  a  public  park  in  the  citt  of  somer-  C7iap.Q7. 

VILLE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  city  of  Somerville  may  at  any  time  somerviiie  may 
within  one  year  from  the  passage  of  this  act,  by  vote  of  pubiic^'park.'^  * 
their  city  council,  purchase  or  otherwise  take,  for  the  pur- 
poses of  a  public  park,  the  land,  or  any  part  thereof, 
situate  in  said  city  which  is  bounded  and  described  as 
follows,  to  wit :  Beginning  at  a  point  in  the  south-westerly  DeBcriptionof 
line  of  Mystic  Avenue,  distant  two  hundred  and  one  and  ^""'^' 
one-tenth  feet  north-westerly  from  the  northerly  corner  of 
land  of  Arthur  W.  Tufts  ;  thence  running  south-westerly 
in  a  straight  line  twelve  hundred  and  seventy-three  feet  to 
a  point  in  the  north-easterly  line  of  Broadway,  distant 
twenty-seven  and  nine-tenths  feet  north-westerly  from  the 
most  westerly  corner  of  land  of  Harriet  Cutter ;  thence 
north-westerly  by  the  north-easterly  line  of  Broadway 
about  seven  hundred  and  sixty  feet  to  a  point  in  said 
north-easterly  line  of  Broadway,  distant  one  hundred  feet 
north-westerly,  from  the  westerly  corner  of  Broadway  and 
Chauncey  Street ;  thence  north-easterly  in  a  straight  line, 
about  fourteen  hundred  and  forty  feet  to  the  south-westerly 
line  of  Mystic  Avenue,  thence  south-easterly  by  the  south- 
westerly line  of  Mystic  Avenue,  five  hundred  and  fifty- 
eight  feet  to  the  point  of  beginning. 

Section  2.     Said  city  shall  within  sixty  days  from  the  to  me  in  regis. 
time  they  take  any  of  said  land,  file  in  the  office  of  the  dcL^sption^of 
registry  of  deeds  for  the  county  of  Middlesex,  southern  ^^e  laua  taken. 
district,  a  description  of  the  land  so  taken  and  a  statement 
that  the  same  is  taken  pursuant  to  the  provisions  of  this 
act ;  which  description  and  statement  shall  be  signed  by 
the  mayor  of  said  city ;  and  the  title  of  all  lands  so  taken 
shall  vest  in  the  city  of  Somerville.     In  case  said  city  and 
the   party  whose  land  is  taken  do  not  agree   upon  the 
damage  of  such  taking,  such  damage  shall  be  ascertained, 
determined  and  paid  in  the  same  manner  as  is  provided 
for  the  payment  of  damages  for  the  taking  of  lands  for 
highways  in  said  city. 

Section  3.  At  any  time  within  two  years  after  the  May  assess  for 
land  is  purchased  or  taken  under  this  act,  the  city  council  '^"®™®"'*- 
of  Somerville  may,  if  in  its  opinion  any  real  estate  in  said 
cit}^,  including  that,  a  part  of  which  may  have  been  pur- 
chased or  taken  for  such  park,  shall  receive  any  benefit  or 
advantage  from  said  park  beyond  the  general  advantages 
to  all  real  estate  in  said  city,  adjudge  and  determine  the 


76 


1874.— Chapter  98. 


Assessments  to 
constitute  a  lien 
upon  real  estate. 


Land  to  be  for- 
ever kept  for  a 
public  park. 


value  of  such  benefit  and  advantage  to  any  such  real 
estate,  and  may  assess  upon  the  same  a  proportional  share, 
of  the  cost  of  the  land  so  purchased  or  taken,  and  of  the 
expense  of  laying  out,  grading  and  making  said  park ; 
but  in  no  case  shall  the  assessment  exceed  one-half  of  the 
amount  of  such  adjudged  benefit  and  advantage.  Nor 
shall  the  same  be  made  until  the  work  of  laying  out, 
grading  and  making  said  park  is  completed. 

Section  4.  Assessments  made  under  the  preceding 
section  shall  constitute  a  lien  upon  the  real  estate  so 
assessed,  and  shall  be  collected  and  enforced  with  the 
same  rights  to  owners  to  surrender  their  estates  ;  and  the 
same  proceedings  thereupon,  and  the  same  rights  of  and 
proceedings  upon  appeal  as  are  provided  by  chapter  three 
hundred  and  eighty-two  of  the  acts  of  eighteen  hundred 
and  seventy-one,  in  respect  to  the  assessments  therein 
named. 

Section  5.  Said  city  shall  forever  keep  open  and 
maintain  as  a  public  j)ark  all  lands  purchased  or  taken 
under  this  act. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  March  25,  1874. 


OJiap.QS.  An  Act  to  incorporate  the  trustees  of  donations  for  edu- 
cation in  turkey. 

Be  it  enacted,  &c.,  as  folloios : 

Section  1.  Ezra  Farnsworth,  Richard  H.  Stearns, 
James  M.  Gordon,  their  associates  and  successors  are 
made  a  corporation  by  the  name  of  the  Trustees  of  Dona- 
tions for  Education  in  Turkey ;  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  corporations,  so  far 
as  the  same  may  be  applicable. 

Section  2.  Said  corporation  may  hold  real  and  personal 
estate  to  the  value  of  two  hundred  thousand  dollars,  the 
income  whereof  shall  be  applied  to  the  promotion  of 
collegiate  and  theological  education  in  Turkey.  But  no 
part  of  the  property  of  said  corporation  located  within 
this  Commonwealth,  shall  be  exempt  from  taxation. 

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

Approved  March  27,  1874. 


Corporators. 


Name. 

Powers  and 
duties. 


Real  and  per- 
sonal estate. 


Taxation. 


1874.— Chapters  99, 100.  77 

An  Act  to  incorporate  the  Cambridge  ijiprovement  company.  Chap.99. 
Be  it  enacted,  &c.,  as  follotvs : 

Section  I.  James  A.  Woodbiuy,  Solomon  A.  TVoocls,  corporators. 
Sereuo  D.  Nickersoii,  their  associates  and  successors,  are 
made  a  corporation  by  the  name  of  the  Cambridge  Im- 
provement Company,  with  all  the  powers  and  privileges,  Powers  and 
and  subject  to  all  the  duties,  liabilities  and  restrictions  set 
forth  in  general  laws,  which  now  are,  or  hereafter  may  be 
in  force  relative  to  such  corporations,  and  with  power  to 
purchase  and  hold,  in  fee  simple  or  otherwise,  a^l  or  any 
part  of  that  tract  of  land  and  flats  situated  in  Cambridge, 
and  bounded  westerly  by  Third  Street,  easterly  by  the 
commissioners'  line  on  Charles  River,  southerly  by  Main 
Street  and  West  Boston  Bridge  and  northerly  by  Cam- 
bridge and  Bridge  Streets. 

Sectiox  2.     Said  corporation  shall  have  power  to  sell  ^Jl^verlnT* 
and  convev,  lease,  mortsfage,  or  otherwise  dispose  of  said  bmuiinp,  and 

"  ^  '  r*    O    '  i  sell  real  estate. 

corporate  property  or  any  part  thereof,  and  to  manage, 
improve,  fill  and  grade  the  same,  with,  authority  to  con- 
struct docks,  wharves  and  buildings,  and  to  layout  streets 
and  passageways,  and  otherwise  improve  the  same,  as  it 
shall  be  deemed  expedient :  provided,  hotvever,  that  no  Provisos. 
canal  shall  be  constructed  within  the  territory  of  said 
corporation,  without  the  consent  of  the  city  of  Cambridge, 
and  provided,  further,  that  all  jfuthority  granted  by  this 
act  to  do  any  tilling  or  build  any  structures  in  tide-water 
is  granted  subject  to  the  provisions  of  chapter  four  hun- 
dred and  thirty-two  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine. 

Section  3.     The  capital  stock  of  said  corporation  shall  and'shires.'^^ 
be  six  hundred  thousand  dollars,  divided  into  shares  of 
one  hundred  dollars  each,  with  liberty  to  increase  the  said 
stock  by  vote  of  said  corporation,  from  time  to  time,  to 
an  amount  not  exceeding  one  million  dollars. 

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

Approved  March  27,  1874. 

An  Act  to  incorporate  the  grand  temple  of  honor  and  tem-  Ch.     100. 

PERANCE   in   MASSACHUSETTS. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Horace  W.  Willson,  Charles  Q.  Tirrell,  corporators. 
Eugene   H.   Clapp,   their  associates  and  successors,   are 
made  a  corporation  by  the  name  of  the  Grand  Temple  of  ?^^^g™® -''"'^  p"*"- 
Honor  and  Temperance  in  Massachusetts,  for  the  purpose 
of  erecting,  or  purchasing  and  maintaining  a  building  in 


78 


1874.— Chapter  101. 


Powers  and 
duties. 


Capital  stock 
and  shares. 


the  city  of  Boston  for  the  accommodation  and  purposes  of 
said  corjjoration  and  any  other  lawful  purpose ;  with  all 
the  powers  and  privileges  and  subject  to  all  the  duties, 
restrictions  and  liabilities  set  forth  in  all  general  laws, 
which  now  are  or  hereafter  may  be  in  force  applicable  tu 
such  corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  tAventy-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 
liability  until  five  thousand  dollars  of  its  capital  stock  has 
been  paid  in  in  cash. 

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

Approved  March  27,  1874. 


May  raise 
money  by  taxa- 
tion, not  exceed 
ing  $5,000  annu 
ally. 


May  issue  addi 
tional  bonds, 
not  exceeding 
$40,000. 


Ch.  101.  -^^  ^CT  IN  ADDITION  TO  AN  ACT  TO  SUPPLY  THE  VILLAGE  OF  AT- 
TLEBOROUGH  WITH  WATER  FOR  THE  EXTINGUISHMENT  OF  FIRES 
AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  Attleborough  water  supply  district 
may  raise  by  taxation,  in  the  manner  provided  in  sections 
three  and  four  of  chapter  two  hundred  and  seventy-one  of 
the  acts  of  eighteen  hundred  and  seventy-three,  and  for 
the  purposes  mentioned  in  said  chapter,  further  sums  of 
money,  not  exceeding  in  the  whole,  five  thousand  dollars 
annually. 

Section  2.  Said  district  may  issue  bonds  to  an  amount 
not  exceeding  forty  thousand  dollars,  beariug  interest 
payable  semi-annually  at  a  rate  not  exceeding  seven  per 
centum  per  amium  in  addition  to  the  bonds  authorized  by 
section  five  of  said  act,  the  principal  payable  at  periods 
not  more  than  thirty  years  from  the  date  thereof:  said 
bonds  to  be  issued  and  disposed  of  in  the  manner  jirovided 
in  section  five  of  said  chapter  two  hundred  and  seventy-one. 

Section  3.  Said  district  may  collect  interest  on  taxes, 
when  overdue,  at  the  rate  of  six  per  centum  per  annum, 
in  all  cases,  or  at  a  rate  not  exceeding  one  per  centum  per 
month,  in  the  same  manner  as  interest  is  authorized  to  be 
collected  on  town  taxes  :  provided,  said  district  at  the  time 
of  voting  to  raise  a  tax  shall  so  determine  and  shall  also 
fix  a  time  for  the  payment  thereof. 

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

Ajyproved  March  27,  1874. 


May  collect  in- 
terest on  taxes 
overdue. 


Proviso. 


1874.— Chapters  102,  103,  104.  79 

An  Act  to  ikcorporate  the  akcient  order  of  hibern^iaxs  ix  (JJi,     102. 

PALL  RIVER. 

Be  it  enacted,  cfcc,  asfoltotvs: 

Section  1.     John  McNiilty,  Patrick  J.  Limney,  Simon  corporators. 
Garihy,  their  associates  and  successors  are  made  a  corpo- 
ration by  tlie  name  of  the  Ancient  Order  of  Hibernians  in  xame  and  pur- 
Fall  River,  for  the  purpose  of  erecting,  or  purcliasing  and  ^°''*" 
maintaining  a  building  in  the  city  of  Fall  River,  for  the 
accommodation  and  purposes  of  said  order  and  au}^  other 
lawful  purpose;  with  all  the  poAvers  and  privileges,  and  f^jT^g*"'^"^ 
subject  to  all  the  duties,   restrictions   and  liabilities   set 
forth  in  all  general  laws  which  now  are  or  hereafter  may 
be  in  force  applicable  to  such  corporations. 

Sectiox  2.  The  capital  stock  of  said  corporation  shall  ^^J^'^^ares.''^ 
not  exceed  twenty  thousand  dollars,  divided  into  shares  of 
the  par  value  of  twenty-five  dollars,  and  said  corporation 
may  hold  for  th^  purposes  aforesaid,  real  and  personal 
estate  not  exceeding  the  amount  of  the  capital  stock :  piv- 
vided,  that  said  corporation  shall  incur  no  liability  until 
five  thousand  dollars  of  its  capital  stock  has  been  paid  in 
in  cash. 

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

Aj^ijroved  March  27,  1874. 

An  Act  to  change  the  name  of  the  allen  street  congrega-  (7/i.     103. 

TIONAL   society   OF  NORTH   CAMBRIDGE. 

Be  it  enacted,  &c.,  as  follows: 

The  Allen  Street  Congregational  Society  in  that  ijart  of  ^ay  change 
the  city  of  Cambridge  called  North  Cambridge,  may  take 
the  name  of  The  Third  Universalist  Society  in  Cambridge. 

Approved  March  27,  1874. 

An  Act  to  amend  an  act  relating  to  a  public  common  in  the  (JJi,     104. 

TOWN   OF   MATTAPOISETT. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  The  first  section  of  the  two  hundred  and  fg^^^'l'lo'TV" 
fiftieth  chapter  of  the  acts  of  the  year  eighteen  hundred 
and  seventy-two,  is  amended  by  striking  out  the  word 
"Atkinson,"  and  inserting  in  place  thereof  the  word  "J.  C. 
Rhodes,"  and  by  striking  out  the  words  "line  of  the  land 
of  Lobdell"  and  inserting  in  place  thereof  the  words  "east- 
erly line  of  the  Purrington  Hall  lot." 

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

Approved  March  27,  1874. 


80 


1874.— Chapters  105, 106, 107. 


(Jh.    105.  An  Act  to  promote  the  prompt  and  faithful  administration 

OF   ESTATES   BY   PUBLIC   ADMINISTRATORS. 

Be  it  enacted,  &c.,  as  follows  : 

pears'^^thrntwo      ^^  ^^^  ^"^^^  ^"^^  legal  proceedings  under  the  seventeenth 
years,  burdoii  of  scctioH  of  chapter  niuetv-five  of  the  General  Statutes,  if 

proof  of  exist-  i-i  ii  ii.-i  . 

enceofheirto  HO  hcir  has  appeared  and  made  cJaim  in  the  probate  court 
admEristra'tor?  foT  liis  iutercst  ill  auj  estatc  under  administration  hy  a 
public  administrator  Avithin  two  years  after  granting  letters 
of  administration,  it  shall  be  presumed  that  there  is  no 
such  heir,  and  the  burden  of  proving  the  existence  of  such 
heir  shall  be  upon  the  public  administrator. 
-  Approved  March  27,  1874. 

C/?.    100.         An  Act  concerning  the  Middlesex  railroad  company. 
Be  it  enacted,  &c.,  asfolloius: 

Section  1.  The  Middlesex  Railroad  Company  is  hereby 
made  subject  to  all  provisions  of  general  kiws,  which  are  in 
force  applicable  to  street  railway  corporations,  which,  so 
far  as  inconsistent  with  its  charter  and  the  several  amend- 
ments thereto,  shall  be  deemed  and  taken  to  be  in  altera- 
tion and  amendment  thereof. 

Section  2.  All  constructed  tracks  of  the  said  Middle- 
sex Railroad  Company,  locations  whereof  have  been 
granted  by  the  several  cities  and  towns,  or  which  have 
been  constructed  on  Charles  River  Bridge  and  Warren 
Bridge,  shall  be  deemed  and  taken  to  be  duly  located  with 
full  power  to  said  company  to  maintain  and  use  the  same  ; 
and  the  several  locations  granted  to  said  company  in  the 
city  of  Boston  since  the  year  eighteen  hundred  and  sixty, 
are  confirmed  and  shall  exist  subject  to  the  general  laws. 

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

Aiyproved  March  28,  1874. 

An  Act  concerning  sidewalks. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Chapter  three  hundred  and  three  of  the 
acts  of  eighteen  hundred  and  seventy-two  is  amended  so 
as  to  provide  that  no  abutter  shall  be  assessed  for  the  ex- 
pense of  any  sidewalk  a  sum  exceeding  one  per  cent,  of 
the  valuation  of  his  estate  abutting  on  such  sidewalk  as 
fixed  by  the  annual  assessment  last  preceding  the  con- 
struction of  such  sidewalk. 

Section  2.  The  provisions  of  chapter  three  hundred 
and  three  of  the  acts  of  eighteen  hundred  and  seventy-two, 
as  amended  by  the  first  section  of  this  act,  are  extended 
to  any  town  accepting  the   same  at  an  annual  meeting ; 


Railroad  com- 
l)any  made 
subject  to  pro- 
visions of  gen. 
eral  laws. 


Constructed 
tracks  to  be 
deemed  to  be 
duly  located. 


Ch.   Wi 


Abutter  not  to 
be  assessed  ex- 
ceeding one  per 
cent,  of  valua- 
tion of  estate. 


Provisions  ex- 
tended to  towa 
accepting  the 
act. 


1874.— Chapters  108,  109,  110.  81 

and  the  authority  conferred  by  said  act  upon  the  mayor 
and  aldermen  of  cities  is  conferred  upon  the  selectmen  of 
such  town. 

Section  3.     The  provisions  of  this  act  shall  not  apply  Not  to  apply  to 

,  •  1  11  J.J.1  tj^j^i  •        sidewalk  now 

to  au}^  siclewalk  noAV  constructed  according  to  the  provis-  constructed. 
ions  of  chapter  three  hundred  and  three  of  the  acts  of  eigh- 
teen  hundred  and  seventy-two,    nor  to  any  city  unless         * 
accepted  by  the  city  council  thereof. 

Approved  March  28,  1874. 
An  Act  to  deter5iine  the  method  to  be  followed  by  the  in-  C/i.    108. 

SURANCE    COMMISSIONER   IN   COMPUTING    THE   AMOUNT    NECESSARY 
TO  INSURE  OUTSTANDING  RISKS  OF  INSURANCE  COMPANIES. 

Be  it  enacted,  &c.,  asfolloivs: 

Sectiox  1.     Whenever  in  determining  the  liabilities  of -^™ouiit  needed 

.     ,  /»       J I       •  to  re-insure  all 

an  insurance  company  it  becomes  necessary  tor  the  insurance  risks,  to  be  com. 
commissioner  to  ascertain  the  amount  necessary  to  re-insure  5o"per  dnt.ot^ 
all  outstanding  risks,  he  shall  compute  the  same  by  taking  tirrand"inii3!° 
fifty  per  cent,  of  the  premium  received  upon  outstanding  f,po/m'an"e^°' 
fire  and  inland  risks,  and  the  full  amount  received  upon  "sks- 
marine  risks  not  marked  ofi". 

Section  2.     All  laws  inconsistent  with  this  act  are  re- 
pealed. 

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

Aptproved  March  28, 1874. 
An  Act  to  regulate  the  re-insuring  of  risks  by  life-insur-  (JJi^    109. 

ANCE   COMPANIES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     No  life-insurance   company   organized  or  Not  to  re-insure 
incorporated  under  the  laws  of  this  Commonwealth  shall  pemis^slon^of^^ 
be  permitted  to  re-insure  its  risk,  except  by  permission  "^o^n^issioner. 
of  the  insurance  commissioner :  but  nothino^  in  this  act 
shall  be  construed  to  prevent  any  such  life-insurance  com- 
pauy  from  re-insuring  a  fractional  part,  not  exceeding  one- 
half  of  any  individual  risk. 

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

Approved  March  28,  1874. 

An  Act  providing  for  the  preservation  of  lobsters.  Oh.    110. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Whoever  sells,  or  offers  for  sale,  or  has  Lobsters less 
in  his  possession  with  intent  to  sell,  either  directly  or  indi-  one-haif  taches 
rectly  any  lobster  less  than  ten  and  one-half  inches  in  bVsdd'''^^'*" 
length,  measuring  from  one  extreme  of  the  body  to  the 
other  exclusive  of  claws  or  feelers,  shall  forfeit  for  every 
such  lobster,  five  dollars. 
11 


82 


1874— Chapters  111,  112, 113. 


Mortgages  of 
personal  prop- 
erty to  be  re- 
corded within 
fifteen  days  of 
date. 


Not  to  give 
eftect  to  unre- 
corded mort- 
gages which 
they  do  not  now 


Forfeitures  to         SECTION  2.      All  foi'feitures    accriunor  under   this    act 

be  paid  to  com-  »_'i-.v^j-iv^^^  -, 

piainautand  shall  be  palcl,  oue-half  to  the  person  making  the  com- 
plaint, and  one-half  to  the  city  or  town  where  the  offence 
is  committed. 

Section  3.     This  act  shall  take  effect  on  the  first  day 
of  May  eighteen  hundred  and  seventy-four. 
•  Approved  March  28, 1874. 

Cll.      111.        ^^    ^'^'^    KELATING   TO    RECORDING    MORTGAGES    OF    PERSONAE 

PROPERTY. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  No  mortgage  of  personal  propert}^  made 
after  this  act  takes  effect,  except  such  as  are  mentioned  in 
section  two  of  chapter  one  hundred  and  fifty-one  of  the 
General  Statutes  shall  be  valid  as  against  any  other  person 
than  the  parties  thereto,  unless  the  same  is  recorded  within 
fifteen  days  after  the  date  thereof,  or  the  property  mort- 
gaged is  delivered  to  and  retained  by  the  mortgagee. 

Section  2.  This  act  shall  not  be  construed  as  giving 
any  effect  to  unrecorded  mortgages  which  they  do  not  now 
possess  by  law. 

Section  3.  This  act  shall  take  effect  on  the  first  day 
of  July  next.  Approved  March  28,  1874. 

Ch.    112.  An  Act  to  authorize  towns  to  raise  money  to  celebrate 

CERTAIN   anniversaries. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  A  town  may  at  its  annual  meeting  raise 
by  taxation  a  sum  of  money  not  exceeding  one-tenth  of 
one  per  cent,  of  its  assessed  valuation,  for  the  year  last 
preceding,  for  the  purpose  of  celel^rating  any  centennial 
anniversary  of  its  own  incorporation,  or  for  the  purpose 
of  celebrating  the  one  hundredth  anniversary  of  the 
declaration  of  independence. 

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

Ai)proved  March  28,  1874. 

Cll.      113.   A^   -^^^   ^^   AUTHORIZE    THE    TOAVN    OF    NORTH    BRIDGEWATER    TO 

CHANGE  ITS   NAME. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  town  of  North  Bridge  water  may  take 
the  name  of  Brockton,  Allerton  or  Avon. 

Section  2.  A  special  meeting  of  the  legal  voters  of 
said  town  shall  be  held  on  the  first  Tuesday  of  May  of 
the  current  year,  for  the  purpose  of  determining  which  of 
said  three  names  shall  be  the  name  of  said  town.  The 
voting  shall  be  by  ballot,  and  each  voter  may  vote  for  one 


Towns  may 
raise  money  by 
taxation,  for 
centennial  cele- 
brations. 


May  change 
name. 


Special  meeting 
to  be  held  for 
determining 
name  of  town. 


1874.— Chapters  114,  115.  83 

of  said  names  only,  and  any  ballot  having  thereon  any 
other  name  or  more  than  one  of  said  names  shall  not  be 
counted.  The  polls  shall  be  opened  at  nine  o'clock  in  the 
forenoon  of  said  day,  and  shall  be  closed  at  seven  o'clock 
in  the  afternoon  of  said  day. 

Section  3.     It  shall  be  the  duty  of  the  selectmen  of  selectmen  to 

CGrtiiv  unci  rs- 

said  town  to  certify  and  return,  as  soon  as  may  be,  the  turn  the  number 
number  of  ballots  in  favor  of  each  of  said  three  names  to  Lvorof  each 
the  secretary  of  the  Commonwealth,  who  shall  immediately  °^™^* 
issue  and  publish  his  certificate,  declaring  the  name  which 
shall  be  found  to  have  the  most  ballots  in  its  favor  to  have 
been  adopted  by  said  town,  and  the  same  shall  thereupon 
become  and  be  the  name  of  said  town. 

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

Axiproved  March  28,  1874. 

An  Act  in  addition  to  an   act  to  authorize  the  city   of  (J]i^    114. 

BOSTON    to    lay   OUT  A  PUBLIC   STREET    OR    WAY  ACROSS    SOUTH 
BAY'. 

Be  it  enacted,  &g.,  asfoUoios : 

Section  1.     The  city  of  Boston  is  hereby  authorized  May  layout 
to  lay  out  the  way  and  construct  the  bridge  authorized  l)y  struct  bridge 
the  seventy-eighth  chapter  of  the  acts  of  the  year  eighteen  Bay.*^ 
hundred  and   sixty-nine    at    any   time   within  two   years 
from  the  date  of  the  passage  of  this  act :  provided,  that  Proviso. 
the  w^ay  hereby  authorized,  shall  not  be  constructed  across 
any  railroad  at  grade. 

Section  2.     Said  city  may  with  the  consent  and  ap-  May  construct 
proval  of  the  board  of  harbor  commissioners,  construct  conseiu^of^Lr- 
said  way  solid,  between  the  termini  set  forth  in  said  act,  sioner"™*' 
within  such  limits  and  upon  such  terms  and  conditions  as 
said  board  of  harbor  commissioners  shall  determine  and 
prescribe. 

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

Approved  March  28,  1874. 

An  Act   concerning,  the   avorcester  and   nashua   railroad  (JJ^      115^ 

COMPANY. 

Be  it  enacted,  &c.,  as  folloics: 

Section  1.     The  act  to  authorize  the  Worcester  and  Act  construed, 
Nashua  Railroad  Company  to  guarantee  certain  bonds  and  Worcester  and 
for  other  purposes,  approved  the  second  day  of  February  road  to  guaran- 
eighteen  hundred  and  seventy-four,  shall  be  construed  as  ^'^^  bo'i'is- 
authorizing  said  railroad  company  to  guarantee  the  bonds 
and  liabilities  thereiu  named  and  the  interest  thereon  to 
such  an  amount  that  the  principal  of  said  bonds  and  other 


84 


1874.— Chaptees  116,  117. 


liabilities,  exclusive  of  interest  on  said  bonds,  shall  not 
exceed  the  amount  of  the  capital  stock  of  the  Nashua  and 
Rochester  Railroad  actually  paid  in  in  cash,  and  the  said 
Worcester  and  Nashua  Railroad  Company  is  authorized  to 
make  said  guarantee. 

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

Apjirovcd  March  28, 1874. 

Ch.    116.  An  Act  to  incorporate  the  french  and  national  union  of 

LAWRENCE. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Eugene  Godin,  L.  S.  Dupont,  Eduoard 
Dufresne,  their  associates  and  successors  are  made  a 
corporation  by  the  name  of  the  French  and  National 
Union  of  Lawrence,  for  the  purpose  of  erecting,  leasing 
or  purchasing  and  maintaining  a  building  in  the  city  of 
Lawrence  for  the  accommodation  and  purposes  of  a 
reading-room,  and  any  other  lawful  purpose ;  with  all  the 
powers  and  privileges  and  subject  to  all  the  duties,  restric- 
tions and  liabilities  set  forth  in  all  general  laws  which  now 
are  or  hereafter  may  be  in  force  applicable  to  such 
corporations. 

Section  2.  The  capital  stock  of  said  corporation  shall 
not  exceed  ten  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  liability  until  two 
thousand  dollars  of  its  capital  stock  has  been  paid  in  in 
cash. 

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

Approved  March  28, 1874. 

(JJl.    117.  An  Act  to  authorize  the  Massachusetts  charitable  mechanic 
association  to  erect  a  wooden  building  in  the  city   of 

BOSTON. 

Be  it  enacted,  &c.,  as  follows : 
May  erect  a  Section  1.     The  Massachusctts   Charitable    Mechanic 

wooden  Duilding  ..  ■>        •        -t  ti-it- 

in  Boston  under  Associatiou  ai'c  autliorizcd  to  crcct  a  wooden  buiknng  m 
the  Inspector  of  tlic  city  of  Bostou,  betwccn  Faneuil  Hall  and  the  Quincy 
buildings.  Market  for  an  exhibition  of  mechanic  and  other  arts  ;  the 

said  buildinsr  to  be  erected  under  the  direction  of  the 
inspector  of  buildings  of  Boston  and  to  be  provided  with 
such  facilities  for  the  prevention  of  fires  and  for  the  pro- 
tection of  adjoining  and  adjacent  buildings  as  may  be 
required  by  said  inspector,  and  the  said  wooden  building 


Corporators. 


Name  and  pur- 
pose. 


Powers  and 
duties. 


Capital  stock 
and  shares. 


1874.— Chapters  118,  119,  120.  85 

to  be  removed  by  said  association  whenever  so  ordered 
by  the  board  of  aldermen  of  the  city  of  Boston. 

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

Approved  March  28,  187-1:. 

An  Act  to  en^corporate  the  father  matthew  total  abstinence  (JJi.    118. 

SOCIETY  EN  THE  CITY  OF  LOWELL. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Patrick  J.  Moran,   Timothy  H.  Bennam,  Corporators. 
Florence  J.  O'Donoghue,  their  associates  and  successors 
are  made  a  corporation  by  the  name  of  the  Father  Matthew  Name  and  pur- 
Total  Abstinence  Society  in  the  city  of  Lowell,  for  the  ^°*°" 
purpose  of  erecting  or  purchasing  and  maintaining  a  build- 
ing in  the  city  of  Lowell,  for  the  accommodation  and  pur- 
poses of  said  society,  and  any  other  lawful  purpose  :  with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties,  Powers  and 
restrictions  and   liabilities    set  forth  in  all  general  laws, 
which  now  are  or  hereafter  may  be  in  force  applicable  to 
such  corporations. 

Sectiox  2.  The  capital  stock  of  said  corporation  shall  capuai  stock 

n  1  Till  T'lT-  *""  shares. 

not  exceed  twenty-nve  thousand  dollars,  divided  into 
shares  of  the  par  value  of  twenty-five  dollars  ;  and  said 
corporation  may  hold  for  the  purijoses  aforesaid  real  and  Real  and  per- 

'■  "^  T  1  />      1  sonal  estate. 

personal  estate  not  exceeding  the  amount  of  the  capital 
stock  :  provided,  that  said  corporation  shall  incur  no  liabil- 
ity until  five  thousand  dollars  of  its  capital  stock  has  been 
paid  in  in  cash. 

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

Approved  March  28,  1874. 

An  Act  to  amend  an  act  to  enable  the  first  congregational  Q]i,     119. 

SOCIETY  IN  the  town  OF  FALMOUTH  TO  DISPOSE  OF  CERTAIN  REAL 
ESTATE. 

Be  it  enacted,  &c.,  as  follows: 

Section  second  of  chapter  eighty-three  of  the  acts  of  Amendment  to 
eighteen  hundred  and  twenty-four  is  so  far  amended  as  to  ^  ^'  ^'  ^  * 
allow  said  society  at  au}^  legal  meeting  called  for  the  pur- 
pose, to  appropriate  any  part  of  the  proceeds  arising  from 
the  sale  of  said  lands  to  the  building  or  purchase,  and 
maintenance  of  a  parsonage  to  be  kept  for  the  use  of  the 
minister  of  said  society.  Approved  March  28, 1874, 

An  Act  to  incorporate  the  old  men's  home  in  the  city  of  (JJi^    120. 

WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Henry  Chapin,  Charles  L.  Putnam,  An-  corporators. 
gustus  N.  Currier,  their  associates  and  successors,   are 


86  1874.— Chapters  121,  122. 

made  a  corporation  by  the  name  of  the  Old  Men's  Home 
Powers  and  in  the  citj  of  Woi'cester ;  with  all  the  powers  and  priv- 
ile,o;es,  and  suliject  to  all  the  duties,  restrictions  and  lia- 
bilities set  forth  in  the  general  laws  which  now  are  or  may 
hereafter  be  in  force  relating  to  corporations,  so  far  as  the 
same  may  be  applicable. 
^MiTstate?'  Section  2.  Said  corporation  may  hold  real  and  per- 
sonal estate  to  the  value  of  one  hundred  and  fifty  thousand 
dolhirs,  which  shall  be  applied  to  provide  a  home  for  and 
otherwise  assist  aged  or  indigent  men. 

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

Approved  March  28,  1874. 

Ch.  121.  -^N  -^CT  RELATING  TO  THE  SMALL-POX  AND  OTHER  DISEASES  DANGER- 
OUS TO  THE  PUBLIC  HEALTH,  AND  PROVIDING  FOR  THE  RE-IMBURSE- 
MENT  OF  EXPENSES  INCURRED  IN  RELATION  THERETO. 

Be  it  enacted,  &c.,  asfolloivs : 
Board  of  health       Section  1.     Ill  auv  case  arising  under  the  provisions  of 
ofcase,  toex.     thc  twcnty-sixtli  chapter  of  the  General  Statutes  and  the 
seers  of  thr'^'^    acts  iu  addition  thereto,  in  which  the  board  of  health  shall 
gkI;  26.  have  acted,  said  board  of  health  shall  retain  charge  of  the 

same  to  the  exclusion  of  the  overseers  of  the  poor  of  any 
city  or  town. 
^aidTTh!f^er  Section  2.  All  reasonable  expenses  which  have  been 
son  infected.  heretofore,  or  may  hereafter  be  incurred  by  the  board  of 
health  of  any  city  or  town,  in  niakiug  the  provision  re- 
quired by  law  for  any  person  infected  with  the  small-pox  or 
any  other  disease  dangerous  to  the  public  health  shall  be 
paid  by  the  person  himself,  his  parents,  or  master,  if  able ; 
otherwise  by  the  town  in  which  he  has  a  legal  settlement, 
and  if  he  has  no  settlement  in  any  town,  by  the  Common- 
wealth, in  which  case  the  bills  therefor  shall  be  approved 
by  the  board  of  state  charities. 

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

Apiiroved  March  30,  1874. 

Gil.    122.  An  Act  extending  the  equity  powers  of  the  supreme  judi- 
cial COURT. 

Be  it  enacted,  &c.,  as  follows : 
Equity  p^w«-8        Section  1.     The  supreme  judicial  court  shall  have  full 
tended.  equity  jurisdiction  on  information  filed  by  the  attorney- 

general  in  case  of  any  violation  which  may  have  occurred 
or  may  hereafter  occur  of  section  twelve  of  chapter  fift}'-- 
three  and  section  three  of  chapter  one  hundred  and  eighty. 


1874— Chaptees  123, 124, 125.  87 

both  of  the  acts  of  the  year  one  thousand  eight  hundred 
and  seventy-two. 

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

Approved  March  30, 1874. 

An  Act  to  fix  the  salary  of  the  clerk  of  the  district  court  C/i.    123. 

FOR  central  BERKSHIRE. 

Be  it  enacted,  <fcc.,  asfolloios  : 

Sectiox  1.     The  annual  salary  of  the  clerk  of  the  dis-  saiaryestab- 

.  .  lisbed. 

trict  court  for  Central  Berkshire   shall  be  eight  hundred 
dollars,  paj'able  from  the  first  day  of  April  next. 

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

Apiinovcd  March  30,  1874. 

An  Act  to  fix  the  salary  of  the  treasurer  of  the  county  of  (JJi,    124. 

DUKES  COUNTY. 

Be  it  enacted,  &c.,  as  follows : 

Sectiox  1.  The  annual   salary  of  the  treasurer  of  the  Saiaryestab- 
county  of  Dukes  County  shall  be  three  hundred   dollars 
payable  from  the  first  day  of  April  next. 

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

Approved  March  30,  1874. 

An  Act  to  supply  the  city  of  newton  with  water.  (Jll.    125. 

Be  it  enacted,  &c.,  as  follows  : 

Sectiox  1 .     The  city  of  Newton  is  authorized  to  take  Newton  may  be 
and  hold  the  waters  of  Hammond's  Pond,  Wiswall's  Pond,  pure  watJ^ 'from 
Bullough  Pond  and  Cold  Spring  Brook,  in  said  city  of  ftrrTJndsV'"'^ 
Newton,  and  the  waters  which  fiow  into  the  same,  together 
with  any  water-rights  connected  therewith  ;  and  may  take 
and  hold,  by  purchase  or  otherwise,  such  land  around  the 
margin  of  said  ponds  and  brook,  not  exceeding  five  rods  in 
width,  as  may  be  necessary  for  the  preservation  of  the 
purity  of  said  waters,  and  may  also  take  and  hold  such 
lands    as    may  be  necessary  for   maintaining    dams    and 
reservoirs  for  the  storage  of  said  waters,  and  for  laying  and 
maintaining  conduits,  pipes,  drains   and  other  works  for 
collecting,  conducting  and  distributing  said  waters  through 
said  city  of  Newton.     The  city  of  Newton  shall,  within  To  me  in  regis- 
sixty  days  from  the  time  of  taking  any  land  as  aforesaid,  sSiptioro^nand 
file  in  the  registry  of  deeds  for  the  southern  district  of  *'''^'''^- 
Middlesex  County,  a  description  of  land  so  taken,  suffi- 
ciently accurate  for  identification,  and  state  the  purpose 
for  which  it  is  taken. 

Sectiox  2.     Said  city  of  Newton  may  build  aqueducts,  May  buiid  aque- 
and  maintain  the  same  by  any  works  suitable  therefor ;  dams'amricser- 


88 


1874.— Chapter  125. 


voirs,  and  regu- 
late use  of 
water. 


Eights  to  be 
exeroised  by 
comrnissioiK'rs 
or  agei)ts,  as 
the  city  council 
may  determine. 


Newton  water 
scrip  may  bo 
issued,  not  ex- 
ceeding $500,000 
at  seven  per 
cent,  interest. 


Liability  for 
damages. 


m.ay  erect  and  maintain  clams;  may  make  reservoirs,  es- 
tablish hj'drants  and  distribute  the  water  throughout  said 
city  of  XeAvton,  by  laying  necessary  pipes,  and  may  estab- 
lish the  rent  therefor.  Said  city  may  also  carry  its  water- 
pipes  and  drains  over  or  under  any  water-course,  street, 
railroad,  highway  or  other  way,  in  such  a  manner  as  not 
to  obstruct  the  same  ;  and  may  enter  upon  and  dig  up  any 
road  in  such  a  manner  as  to  cause  the  least  hindrance  to 
the  travel  thereon ;  and  in  general  may  do  any  other  acts 
and  things  necessary,  convenient  or  proper  for  carrying 
out  the  purposes  of  this  act. 

Section  3.  The  rights,  powers  and  authorities  given 
to  the  city  of  Newton  by  this  act  shall  be  exercised  by  the 
said  city  in  such  manner,  and  by  such  commissioners  or 
agents  as  the  city  council  thereof  shall  from  time  to  time 
determine.  Such  commissioners  or  agents  shall  be  sub- 
ject to  such  ordinances,  rules  and  regulations  in  the  execu- 
tion of  their  trust,  as  the  city  council  may  from  time  to 
time  establish,  not  inconsistent  Avith  the  provisions  of  this 
act  or  the  laws  of  the  Commonwealth. 

Section  4.  For  the  purpose  of  defraying  the  cost  and 
expenses  which  may  be  incurred  under  the  provisions  of 
this  act,  the  city  of  Newton,  through  its  treasurer,  shall 
have  authority  to  issue,  from  time  to  time,  notes,  scrip  or 
certificates  of  debt,  to  be  denominated  on  the  tace  thereof, 
Newton  Water  Scrip,  to  an  amount  not  exceeding  live  hun- 
dred thousand  dollars,  bearing  interest  not  exceeding  seven 
per  centum  per  annum,  payable  semi-annually ;  the  prin- 
cipal shall  be  payable  at  periods  not  more  than  thirty 
years  from  the  issuing  of  said  notes,  scrip  or  certificates 
respectively.  Said  treasurer,  under  the  authority  of  said 
city,  may  sell  the  same  or  any  part  thereof,  from  time  to 
time,  or  pledge  the  same  for  money  borrowed  for  the  pur- 
poses aforesaid,  on  such  terms  and  conditions  as  he  may 
deem  proper,  or  as  may  be  prescribed  by  the  city  council. 
Said  city  is  further  authorized  to  make  appropriations,  and 
assess  from  time  to  time  such  amounts,  not  exceeding  in 
one  year  the  sum  of  twenty  thousand  dollars,  towards  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 
city  purposes. 

Section  5.  Said  city  of  Newton  shall  be  liable  to  pay  all 
damages  sustained  by  any  person  or  persons  in  their  prop- 


1874.— Chaptee  125.  89 

erty,  by  the  taking  of  the  waters  of  said  ponds  and  brook 
or  other  source  of  supply,  or  any  part  thereof,  as  author- 
ized by  this  act,  or  by  the  taking  of  any  land,  rights  of 
way,  water-rights,  or  easements,  or  by  the  erection  of  any 
dams,  or  the  construction  of  any  aqueducts,  reservoirs, 
water-ways,  or  other  works  for  the  purposes  of  this  act; 
and  if  the  (^wner  or  owners  of  any  property  taken  as  afore- 
said, or  other  person  or  persons  sustaining  damages  as 
aforesaid,  do  not  agree  on  the  damages  to  be  paid  there- 
for, he  or  they  may  apply  by  petition  for  an  assessment  of 
the  damages  at  any  time  within  three  years  from  the  tak- 
ing of  said  property  or  the  construction  of  dams  or  other 
works  occasioning  damages  as  aforesaid,  and  not  after- 
wards, to  the  superior  court  in  the  county  in  which  the 
same  are  situated.  Such  petition  may  be  filed  in  the 
clerk's  office  of  said  court,  in  vacation  or  in  term  time,  and 
the  clerk  shall  thereupon  issue  a  summons  to  the  said  city 
of  Newton,  returnable,  if  issued  in  vacation,  at  the  next 
term  of  the  said  court  to  be  held  .after  the  expiration  of 
fourteen  da^^s  from  the  filing  of  said  petition ;  and  if  in 
term  time,  returnable  on  such  a  day  as  said  court  shall 
order,  to  appear  and  answer  to  the  said  petition ;  the  said 
summons  shall  be  served  fourteen  days  at  least  before  the 
term  or  day  at  which  it  is  returnable,  by  leaving  a  copy 
thereof,  and  of  the  said  petition,  certified  by  the  officer 
who  serves  the  same,  with  the  city  clerk  of  said  city ;  and 
the  said  court  may,  upon  default  or  hearing  of  said  city, 
appoint  three  disinterested  persons,  who  shall,  after  rea- 
sonable 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  claims  a  trial  by  jury  as 
hereinafter  provided. 

Sectiox  6.  If  either  of  the  parties  mentioned  in  the  Parties  dissatis. 
fifth  section  is  dissatisfied  with  the  amount  of  damage  Mai'by^jur''jr 
awarded,  as  therein  expressed,  such  party  may,  at  the 
term  at  which  such  award  was  accepted,  or  the  next  term 
thereafter,  claim,  in  writing,  a  trial  in  said  court,  and  have 
a  jury  to  hear  and  determine  at  the  bar  of  said  court  all 
questions  of  fact  relating  to  such  damages,  and  to  assess 
the  amount  thereof;  and  the  verdict  of  said  jury,  being 
12 


90 


1874.— Chapter  125. 


City  may  make 
a  tender  for 
damages. 


No  application 
to  be  made  for 
damages  until 
water  is  actually 
taken. 


Penalty  for  un- 
lawfully using 
water,  unlaw- 
fully diverting 
the  same,  or 
rendering  it 
impure. 


Occupant  and 
owner  liable  for 
water-rent. 


"Water  may  be 
used  to  generate 
steam. 


Existing  rights 
not  to  be 
afifected. 


accepted  and  recorded  by  the  said  court  shall  be  final  and 
conclusive,  and  judgment  shall  be  rendered  and  execution 
issued  thereon  ;  and  costs  shall  be  recovered  by  the  said 
parties  respectively,  in  the  same  manner  as  is  provided  by. 
law  in  regard  to  proceedings  relating  to  the  laying  out  of 
highways. 

Section  7.  In  every  case  of  a  petition  to  the  superior 
court  for  the  assessment  of  damages  as  provicled  in  this 
act,  the  city  may  tender  to  the  complainant  or  his  attorney 
any  sum  that  it  may  think  proper,  or  may  bring  the  same 
into  court  to  be  paid  to  the  complainant  for  damages  by  him 
sustained  or  claimed  in  his  petition,  and  if  the  complainant 
does  not  accept  the  sum,  with  his  costs,  up  to  that  time, 
but  proceeds  in  his  suit,  he  shall  be  entitled  to  his  costs 
up  to  the  time  of  the  tender  of  such  payment  into  the 
court,  and  not  afterwards,  unless  the  complainant  recovers 
greater  damages  than  were  so  offered. 

Section  8.  No  application  shall  be  made  to  the  court 
for  the  assessment  of  damages  for  the  taking  of  any 
water-rights,  or  for  any  injury  thereto,  until  the  water 
is  actually  withdrawn  or  diverted  by  said  city,  under  the 
authority  of  this  act. 

Section  9.  If  any  person  uses  any  water  taken  under 
this  act  without  the  consent  of  said  city,  or  wantonly  or 
maliciously  diverts  the  water  or  any  part  thereof,  taken  or 
held  by  said  city,  pursuant  to  the  provisions  of  this  act,  or 
corrupts  the  same,  or  renders  it  impure,  or  destroys  or 
injures  any  dam,  aqueduct,  pipe,  conduit,  hydrant,  ma- 
chinery or  other  works  or  property  held,  owMied  or  used 
by  said  city  of  Newton  under  the  authority  of  and  for  the 
purposes  of  this  act,  he  shall  forfeit  and  pay  to  said  city 
three  times  the  amount  of  damages  assessed  therefor,  to 
be  recovered  in  an  action  of  tort,  and  on  conviction  of 
either  of  the  wanton  or  malicious  acts  aforesaid,  may  be 
also  punished  by  a  fine  not  exceeding  three  hundred  dol- 
lars, or  by  imprisonment  in  jail  not  exceeding  one  year. 

Section  10.  The  occupant  of  any  tenement  shall  be 
liable  for  the  payment  of  the  rent  for  the  use  of  water  in 
such  tenement,  and  the  owner  shall  also  be  liable,  if,  on 
being  notified  of  such  use  he  does  not  object  thereto. 

Section  11.  The  water  taken  under  this  act  shall  not 
be  used  in  any  way  as  a  motive-power,  except  for  generat- 
ing steam. 

Section  12.     Nothing  in  this  act  shall  be  construed  to 


1874.— Chaptees  126, 127, 128.  91 

affect  auy  existing  right  of  the  city  of  Newton  to  draw 
water  from  said  ponds  and  brook,  or  the  right  of  any  per- 
son to  cut  or  secure  ice  upon  or  to  fish  in  said  ponds. 

Sectiox  13.     This  act  shall  take  effect  upon  its  pas-  subject  to  ac- 
sage,  and  shall  become  void  unless  accepted  by  the  city  city  council. 
council  of  Newton  within  two  years  from  its  passage. 

Ajyproved  March  30,  1874. 
An  Act  to  fix  the  salary  of  the  clerk  of  the  distkict  court  QJi,    126. 

OF  southern  BERKSHIRE. 

Be  it  eiiactccl,  &c.,  as  follows: 

Section  1 .     The   annual   salary  of  the   clerk   of    the  saiary  estab- 
district  court  of  Southern  Berkshire  shall  be  six  hundred  ^^^^^^' 
dollars,  payable  from  the  first  day  of  April  next. 

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

Ajyjjroved  March  30,  1874. 

An  Act    to   incorporate   the   mechanics'    savings   bank,   in  Ch.    127. 

boston. 
Be  it  e}iacted,  &c.,  as  follows  : 

Section  1.     Nathaniel  Adams,  Joseph  F.  Paul,  J.  J.  Corporators. 
McNutt,  Nathaniel  O.  Hart,  George  F.  Pinkham,  J.  T. 
White,  Cyrus  T.  Clark,  their  associates  and  successors, 
are    hereby   made    a   corporation    by   the    name    of    the 
Mechanics'  Savings  Bank,  to  be  located  in  Boston ;   with 
all  the  powers  and  privileges,  and  subject  to  all  the  duties.  Powers  and 
restrictions  and  liabilities  set  forth  in  all   general    laws  '^"**^*' 
which  now  are  or  may  hereafter  be  in  force  applicable  to 
institutions  for  savings. 

Section  2.     One-half   of    the  deposits    of   said   bank  one.haif  of  de- 
shall  be  invested  upon  mortgages  of  real  estate,  and  of  the  vested *upo^n"^" 
amount    of    said   loan   twenty-five   per  centum   shall    be  ^ai'Stlte.°^ 
loaned   in    sums  of    three  thousand  dollars    and  under ; 
provided,  application  is  made  to  that  amount  with  good 
and  sufiicient  security  therefor. 

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

Amyroved  March  30, 1874. 

An  Act  to  incorporate  the  firIt  religious  society  of  bland-  (Jj^     ^28 

FORD. 

Be  it  enacted,  cfic,  as  follows : 

Section  1.     The  First  Religious  or  Congregational  Soci-  First  Religious 
ety  of  the  town  of  Blandford  is  incorporated  under  the  name  a'lamifo^d  in. 
of  the  First  Religious  Society  of  Blandford  ;  said  corporation  ''"'■po'^^ted. 
to  have  all  the  rights  and  powers  and  be  subject  to  all  the 
duties,  lialnlities  and  requirements  provided  by  law,  so  far 
as  applicable. 


92 


1874.~Chaptees  129, 130. 


Officers  declared 
duly  elected, 
and  acts  of  soci- 
ety legalized. 


Real  and  per- 
sonal estate. 


Donations  and 
bequests  to 
enure  to  benefit 
of  corporation. 


Section  2.  The  officers  of  said  society  are  hereby 
declared  duly  elected  and  the  acts  of  said  society  are 
hereby  legalized  as  fully  as  if  at  the  time  of  making  the 
same  said  society  had  been  duly  incorporated. 

Section  3.  Said  corporation  may  hold  real  and 
l^ersonal  estate  to  the  value  of  twenty-five  thousand 
dollars  ;  and  may  at  any  legal  meeting  by  a  majority  vote 
make  such  by-laws  and  regulations  as  are  necessary  for 
the  governing  of  said  society. 

Section  4.  All  donations,  devises  and  bequests  of 
real  and  personal  estate  which  may  heretofore  have  been 
or  hereafter  may  be  made  to  said  corporation  or  society, 
shall  enure  to  the  benefit  of  said  corporation,  to  be 
appropriated,  however,  to  the  purposes  designated  in  any 
such  donation,  devise  or  bequest. 

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

Ai)2}roved  March  30,  1874. 

Cll.    129.  An  Act  to  authorize  the  city  of  chelsea  to  maintain  float- 
ing BATH-HOUSES, 
Be  it  enacted,  &c.,  as  follows  : 
doners' m^™'^"      Section  1.     The   board   of    harbor   commissioners    is 
license  Chelsea    emnowcrecl  to  liceiise  the  city  of  Chelsea  to  maintain  in 

to  maintain  .  •■  ,  .  -.  .  n        ,•  ijii  •  i 

floating  bath-  Said  Chclsca,  111  tidc-watcr,  floating  bath-houses,  in  such 
localities  and  in  such  manner  as  said  board  shall  approve, 
either  outside  or  inside  the  commissioners'  lines :  pro- 
vided, however,  that  any  such  license  granted  by  said 
board  may  be  revoked  by  said  board  whenever  in  its 
judgment  such  revocation  becomes  expedient. 

Section  2.     This  act  shall  take  efl:ect  upon  its  passage. 

A2iproved  Aj^ril  1,  1874. 

Ch.    130.  An  Act  to  cede  jurisdiction  to  the  united  states  over  the 

SITES   OF   CERTAIN  LIGHT-HOUSES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Jurisdiction  over  the  sites  of  the  follow- 
ing light-houses  and  the  appurtenances  thereto  belonging, 
and  all  the  right  of  this  CommouAvealth  to  the  soil  thereof, 
is  hereby  ceded  to  the  United  States  of  America : 

Bishop  and  Clerk's  light-house,  in  Vineyard  Sound,  off 
Hyannis  harbor ; 

Duxbury  Pier  light-house  in   Plymouth   harbor :   pro- 

pians  to  be  filed  vided,  that  plaus   thereof  be   filed  in  the    office    of   the 

tary's  office'       Secretary  of  the  Commonwealth  within  two  years  from  the 

passage    of    this    act ;     and  provided,  further,    that  this 

Commonwealth  shall  retain  concurrient  jurisdiction  with 


houses. 


Proviso. 


Jurisdiction 
ceded  to  the 
United  States. 


1874.— Chapters  131, 132,  133, 134.  93 

the  United  States  in  and  over  the  said  sites  and  the 
appu];tenances  thereof,  so  far  that  all  process,  civil  or 
criminal,  issning  under  its  authority,  may  be  executed 
thereon  with  the  same  eiFect  as  if  this  act  had  uot  been 
passed,  and  that  exclusive  jurisdiction  over  either  of  said 
sites  or  the  appurtenances  thereof,  shall  revest  in  this 
Commonwealth  whenever  it  shall  cease  to  be  used  by  the 
United  States  for  public  purposes. 

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

A2)provccl  April  1,  1874:. 

An  Act  to  amend  an  act  for  encouraging  the  cultivation  CTl.    131. 

OF  USEFUL  FISHES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Section  one  of  chapter  three  hundred  and  ^°"7j^s!f°^'^^ 
sixty  of  the  acts  of  eighteen  hundred  and  seventy,  shall  not  oyster  Pond,  in 
apply  to  the  pond  known  as  the  Oyster  Pond  in  Dukes  is69, 384,  §  9. ' 
County.  ^  i«7o,36o.§L 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

ApjJroved  April  1,  1874. 

An  Act  to  establish  the  salary  of  the  assistant  attorney-  CJl.    132. 

GENERAL. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     From  the  first  day  of  January,  eighteen  saiaryestab. 
hundred  and    seventy-four,   the    salary   of    the    assistant 
attorney-general  shall  be  twenty-five   hundred   dollars  a 
year. 

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

Ajyjii'ovcd  April  1,  1874. 

An  Act  providing  for  an  increase  in  the  number  of  assistant  CJl.    133. 

WATCHMEN   EMPLOYED  AT   THE   STATE   PRISON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Section  seven  of  chapter  one  hundred  and  a^Sft  watch- 
seventy-nine  of  the  General  Statutes  is  amended  so  that  men  at  state 

^  .  .  prison. 

there  may  be  employed  at  the  state  prison  as  many  assistant 
watchmen,  not  exceeding  nine,  as  the  warden  may  deem 
necessary. 

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

Apiproved  April  1,  1874. 

An  Act  to  supply  the  town  of  orange  with  pure  water.      (Jh.    134. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Andrew  J.  Clark  and  Abijah  French,  their  corporators. 
associates  and  successors,  are  made  a  corporation,  by  the 
name  of  the  Fall  Hill  Water  Company,  for  the  purpose  of  ?^,=;^.^  *°^  p*^'" 


94 


1874.— Chapter  1B4. 


Powers  and 
duties. 


May  take  water 
from  springs 
and  natural 
ponds  in 
Orange. 


To  file  in  regis- 
try of  deeds  a 
description  of 
land  taken. 


May  construct 
aqueducts  and 
maintain  dams. 


May  regulate 
the  use  of  water. 


May  dig  up 
roads  under 
direction  of 
selectmen. 


supplying  the  inhabitants  of  the  town  of  Orange  with 
pure  water ;  and  for  this  purpose  shall  have  all  the  powers 
and  privileges,  and  be  subject  to  all  the  duties,  restrrctions 
and  liabilities  set  forth  in  all  general  laws  which  now 
are  or  may  hereafter  be  in  force  relating  to  such  cor- 
porations. 

Section  2.  Said  corporation  may  take,  hold  and  con- 
vey to,  into  and  through  the  town  of  Orange  the  water  of 
any  spring  or  springs,  of  any  natural  pond  or  ponds, 
brook  or  brooks,  within  said  town  of  Orange ;  and  said 
corporation  may  also  take  and  hold,  by  purchase  or  other- 
wise, any  real  or  personal  estate  necessary  for  laying  and 
maintaining  aqueducts  for  conducting,  discharging  and 
distributing  water,  and  for  forming  reservoirs,  and  may 
take  and  hold  any  land  in  or  around  any  such  ponds, 
springs  or  brooks,  so  far  as  may  be  necessary  for  the  pres- 
ervation and  purity  of  the  same.  Said  corporation  shall 
within  sixty  days  from  the  time  of  taking  any  such  lands, 
springs,  ponds  or  brooks,  file  in  the  ofiice  of  the  registry 
of  deeds,  in  the  county  of  Franklin,  n  description  of  the 
lands,  springs,  ponds  or  brooks  so  taken,  suiEcieutly  accu- 
rate for  identification,  together  with  a  statement  of  the 
purpose  for  which  such  lands,  springs,  ponds  or  brooks 
are  taken,  signed  by  the  president  of  said  corporation. 

Section  3.  Said  corporation  may  construct  one  or 
more  permanent  aqueducts  from  any  of  the  sources  before 
mentioned,  into  and  through  said  town,  and  have  and 
maintain  the  same  by  any  works  suitable  therefor ;  may 
erect  and  maintain  dams  to  raise  and  retain  the  waters 
therein ;  may  make  and  maintain  reservoirs  within  said 
town ;  may  make  and  establish  public  fountains  and 
hydrants  in  such  places  as  it  may  from  time  to  time  deem 
proper,  and  prescribe  the  purpose  for  which  they  may  be 
used,  and  may  change  or  discontinue  the  same ;  may  dis- 
tribute the  water  throughout  the  town ;  may  regulate 
the  use,  and  establish  the  price  or  rent  therefor ;  and  the 
said  corporation,  under  the  direction  of  the  selectmen  of 
said  town,  may,  for  the  purposes  aforesaid,  convey  and 
conduct  any  aqueduct  or  other  works  by  it  to  be  made 
and  constructed,  over  or  under  any  water-course,  street 
or  turnpike  road,  railroad,  highway  or  other  way,  in  such 
manner  as  to  cause  the  least  possible  hindrance  to  the 
travel  thereon,  and  may  enter  upon  and  dig  up  any  such 
road,  street  or  other  way,  for  the  purpose  of  laying  down 


1874.— Chatter  135.  95 

pipes  beneath  the  surface  thereof,  an,d  for  maintaining  and 
repairing  the  same. 

Section  4.  Said  corporation  shall  be  liable  to  pay  all  ^^^"ge^/°^ 
damages  that  shall  be  sustained  by  any  person  or  corpo- 
ration in  their  property,  by  the  taking  of  any  land,  water 
or  water  rights,  or  by  constructing  any  aqueducts,  reser- 
voirs or  other  works,  for  the  purposes  specihed  in  this 
act.  And  if  any  person  who  shall  sustain  damage  as 
aforesaid  cannot  agree  with  said  corporation  upon  the 
amount  of  said  damage,  the  same  shall  be  ascertained, 
determined  and  recovered  in  the  manner  now  provided  by 
law  in  case  of  land  taken  for  highways. 

Section  5.     Said  corporation  may  hold  real  and  per- Real  and  per- 

aj     ,  T  •       t.    r         j.\  sonal  estate. 

estate  necessary  and  convenient  tor  the  purposes 

aforesaid,   and  its  whole  capital  stock  shall  not  exceed  Capital  stock. 

fifty  thousand  dollars,  which  shall  be  divided  into  shares 

of  one  hundred  dollars  each. 

Section    6.       Manufacturing   and    other   corporations  Corporations  in 
doing  business  in  said  town  of  Orange  are  authorized  to  takeTft'ockm 
subscribe  for  and  hold  stock  of  the  Fall  Hill  Water  Com-  ^ater  company. 
pany. 

Section  7.     Any  person  who   shall   divert  the  water  Penalty  for  di- 
or  any  part  thereof,  of  the  sources  which  shall  l)e  taken  or  rendering  it 
by  said  corporation  pursuant  to  the  provisions  of  this  act,  ^'^^^"'^®" 
or  who  shall  maliciously  corrupt  the  same,  or  render  it 
impure,  or  who  shall  maliciously  destroy  or  injure  any 
dam  or  reservoir,   aqueduct,   pipe   or  hydrant,  or  other 
property  held,  owned  or  used  by  the  said  corporation  for 
the  purposes  of  this  act,  shall  pay  three  times  the  amount 
of  actual  damage  to  the  said  corporation,  to  be  recovered 
in  an  action  of  tort;  and  every  such  person,  upon  con- 
viction of  either  of  the  acts  aforesaid,  shall  be  punished 
by  fine  not  exceeding  three  hundred  dollars,  or  imprison- 
ment not  exceedUig  one  year. 

Section  8.     This  act  shall  take  efiect  upon  its  passage. 

AjJj^roved  April  1,  1874. 

An  Act  in  addition  to  an  act  to  regulate  the  leasing  of  (JJi.    1,35. 

GREAT  PONDS  FOR  THE  PURPOSE  OF  CULTIVATING  USEFUL  FISHES. 

Be  it  enacted,  &c.,  as  folloios : 

Section  1.     Any  town   in   this    Commonwealth,  may  Towns  may 
either  alone  or  jointly  with  any  other  town,  take  a  lease  jfonVfoTcuiti- 
of  any  great  pond  for  the  purposes  named  in  section  two  fighrs"  "^ "*''^"' 
of  chapter  one  hundred  and  ninety-five  of  the  acts  of  the 


96 


1874.— Chapters  136,  137, 138, 139. 


Annual  election 
on  the  second 
Tuesday  of 
December. 


Organization  of 
government  on 
the  first  Monday 
of  January. 


Repeal. 


year  one  thousand  eight  hundred  and  seventy-three,  and 
may  make  appropriations  therefor. 

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

Approved  Ajiril  1,  1874. 

Ch.  136.  An  Act  in  addition  to  an  act  establishing  the  city  of  salem. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  annual  election  in  the  city  of  Salem, 
heretofore  held  on  the  first  Monday  of  January  shall,  in 
future,  be  held  on  the  second  Tuesday  of  December. 

Section  2.  The  annual  organization  of  the  city  gov- 
ernment shall  take  place  on  the  first  Monday  of  January 
and  that  of  the  school  committee  as  soon  thereafter  as 
may  he  practicable. 

Section  3.  All  the  provisions  of  an  act  establishing 
the  city  of  Salem,  and  the  acts  in  addition  thereto,  incon- 
sistent herewith,  are  repealed.  Approved  April  l,  1874. 

Ch.    137.  An  Act  to  authorize  the  menanhant  land  and  wharf  com- 
pany to  construct  a  wharf  in  FALMOUTH. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  License  is  given  to  the  Menanhant  Land 
and  Wharf  Company  to  construct  a  wharf  in  Falmouth, 
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  1,  1874. 

Ch.      138.   ^N  ^CT    TO    AUTHORIZE    THE    TRUSTEES    OF    NICHOLS   ACADEMY    TO 

MORTGAGE   REAL  ESTATE. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  The  trustees  of  Nichols  Academy  are 
authorized  to  mortgage  their  right,  title  and  interest  in 
any  real  estate  noAV  held  by  them  :  provided,  'however^- 
that  nothing  herein  contained  shall  be  construed  as  author- 
izing the  violation  of  any  restriction  or  condition  upon 
which  any  real  estate  may  have  been  conveyed  to  them. 

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

Approved  April  1,  1874. 


May  construct 
wharf  in  Fal- 
mouth. 


May  mortgage 
real  estate. 


Proviso. 


Ch.   139. 


Maiden  bridge 
to  be  supported 
by  city  of  Bos- 
ton. 

1859,  99. 
1869,  26t). 


An  Act  concerning  malden  bridge. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Chapter  ninety-nine  of  the  acts  of  the 
year  eighteen  hundred  and  fifty-nine,  and  chapter  two 
hundred  and  sixty-six  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine  are  repealed,  and  Maiden  bridge 


1874.— Chapteks  140, 141,  142.  97 

shall  hereafter  be  supported  hy  and  be  under  the  care  and 
sujDerinteudence  of  the  city  of  Boston. 

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

Approved  April  1,  1874. 

Ax  Act  to  revive  the  charter  of  the  exeter  and  Salisbury  (JJi^    140. 

RAILWAY   COMPANY,  AND   FOR   OTHER   PURPOSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Chapter  two  hundred  and  two  of  the  acts  Time  for  loca- 

/>,.  'li  1  11  I'i-  •  '1   tion  and  con- 

01  the  year  eighteen  hundred  and  sixty-nine,  is  revived  strucuonex- 
aud  continued  in  force  ;  and  the  time  for  the  location  and  ^'="'^"'- 
construction   of  the  road    of  the   Exeter   and    Salisbury 
Railway  Company  is  extended  for  two  years    from    the 
passage  of  this  act. 

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

Approved  April  1,  1874. 

An  Act  concerning  the  boston  and  west  roxbury  railroad  (J]i^    141. 

COMPANY. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  The  Boston  and  West  Roxbury  Railroad  i^Yte'^JiT^-mi- 
Company  is  hereby  authorized  to  make  the  westerly  "^s  of  road. 
terminus  of  its  street  railroad  at  or  near  the  Forest  Hills 
station  on  the  Boston  and  Providence  Railroad  on  Shawmut 
Avenue  in  the  city  of  Boston,  instead  of  the  terminus 
fixed  by  the  act  establishing  said  corporation,  and  the 
several  acts  in  addition  thereto,  and  may  sell  and  transfer 
its  franchise  and  property  to  any  other  street  railway 
corporation. 

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

Approved  April  1,  1874. 

An  Act  to  provide  for  increased  station  facilities  at  attle-  (JJi^    142. 

BOROUGH. 

Be  it  enacted,  tfcc,  as  follows: 

Section  1 .     The  New  Bedford  Railroad  Company  may  New  Bedford 
by  vote  of  its  directors,  sell,   convey  and  assign  to  the  se'ii reai°esme 
Boston  and  Providence  Railroad  Corporation,  upon  such  PrOTide°nV"'^ 
terms  as  may  be  agreed  upon,  all  the  rights,  title,  powers,  R-R-Co.. 
franchise  and  easements  heretofore  acquired  by  the  Taun- 
ton Branch  Railroad  Corporation,  and  which  passed  to  said 
New  Bedford  Railroad  Company   upon  its   consolidation 
with  said  Taunton  Branch  Railroad  Corporation  in  and  to 
a  certain  parcel  of  real  estate  situated  in  the  town  of  Attle- 
borough  and  taken  by  said  Taunton  Branch  Railroad  Cor- 
poration for  depot  and  station  purposes  by  proceedings 

13 


98  1874.— Chapter  143. 

before  the  county  commissioners  for  the  county  of  Bristol, 
wherein  said  last-named  corporation  were  petitioners  and 
Frances  A.  Carnes  was  respondent. 

And  upon  such  conveyance  the  said  premises  shall  be 
held  and  enjoyed  by  the  said  Boston  and  Providence  Rail- 
road Corporation  in  the  same  manner  and  with  like  rights, 
powers  and  title  therein  as  if  the  same  had  been  originally 
taken  upon  like  petition  and  proceedings  by  said  last- 
named  corporation. 
provkience  Section  2.     For  the  purpose  of  providing  additional 

R. R.  Co.  may  sidc  tracks  and  station  facilities  at  its  station  in  Attle- 
landinAttie-  borough,  the  Bostou  and  Providence  Railroad  Corporation 
lioioug  .  ^^^^  purchase  or  otherwise  take  such  parcel  or  parcels  of 

land  as  the  directors  may  deem  needful,  adjoining  its  pres- 
ent track  and  on  the  easterly  side  thereof,  within  one- 
half  mile  of  its  present  station  in  said  Attleborough,  and 
not  more  than  two  rods  in  Avidth  from  the  centre  line  of 
the  present  location  of  said  railroad ;  such  taking  to  be 
subject  to  the  payment  of  damages  as  provided  in  sections 
nineteen,  twenty-one  alid  twenty-two  of  chapiter  sixty- 
three  of  the  General  Statutes. 

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

AjyjJrovcd  Ajjril  1,  1874. 

Ch.      143.         ""^^  -^^^  ^^  INCORPORATE  THE  OLD  COLONY  STEAMBOAT  COMPANY. 

Be  it  enacted,  &c.,  as  follows : 

Corporators.  .  SECTION  1.  Ouslow  Stcams,  Charlcs  p.  Stickney,  Eph- 
raim  N.   Winslow,   their   associates    and    successors,   are 

p^o"s™.^ '^"^  ^"'^"  hereby  made  a  corporation  by  the  name  of  the  Old  Colony 
Steamboat  Company  for  the  purpose  of  navigating  by 
steam  and  other  vessels  the  waters  of  New  York,  Mount 
Hope  and  Narragansett  bays,  the  intervening  waters,  and 

Powers  and  thosc  conuccted  therewith,  with  all  the  powers  and  priv- 
ileges, and  subject  to  all  the  duties,  liabilities  and  restric- 
tions set  forth  in  the  general  laws,  which  now  are,  or  may 
hereafter  be  in  force,  relating  to  such  corporations. 

^asJ'orhire"'^'       Section  2.     The   Said  company  is   hereby  authorized 

steamboats.  and  empowered  to  build,  purchase,  hold,  convey,  hire  and 
employ  one  or  more  steam  or  other  vessels,  Avith  such 
apparatus  and  appendages  as  may  be  found  necessary  for 
steam  navigation,  and  the  transportation  of  passengers  and 
merchandise  in  an}'  and  all  the  waters  aforesaid. 

Capital  stock  Sectiox  3.     The  capital  stock  of  said  corporation  shall 

8  ares.        ^^^^  excccd  twclvc  huudi'ed  thousand  dollars,  to  be  fixed 


1874.— Chapter  144.  99 

by  the  vote  of  the  corporation,  and  shall  be  divided  into 
shares  of  one  hnndred  dolhirs  each. 

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

Ajyproved  April  1,  1871. 

Ax  Act  to  regulate  fishixg  ix  the  Connecticut  and  merri-  rjj^      144 

MACK  RIVERS. 

Be  it  enacted,  c&c,  as  follows: 

Sectiox  1.     From   and    after  the  passage   of  this  act  s'ladandai*^ 

■■■  t5  "Wife  tisherv  in 

whoever  takes  or  catches  any  shad  or  alewives  in  any  part  Meinmaek 
of  the  Merrimack  River  or  its  tributaries  lying  within  this  '^"  '^''^" 
Commonwealth,  except  between  sunrise  on  Monday  morn- 
ing and  sunrise  of  Thursday  morning  of  each  week,  from 
the  iirst  day  of  March  to  the  tenth  daj'  of  June  in  each 
3'ear,  shall  forfeit  for  each  alewife  so  taken,  a  sum  not 
less  than  one  nor  more  than  five  dollars  and  for  each  shad 
so  taken,  a  sum  not  less  than  five  nor  more  than  twenty 
dolkirs. 

Section  2.     "Whoever  takes  or  catches  any  salmon  in  saimounotto 
any  part  of  the  Connecticut  or  ^Merrimack  Rivers  or  their  i,ccUcut°Jr  irerl 
tributaries   lying   within  this  Commonwealth,  for  a  period  fo"a'^periodof 
of  six  years  from  and  after  the  j^assage  of  this  act,  shall  ^'^  y^^"- 
be  punished  for  each  offence  by  a  fine  of  not  less  than  fifty 
nor  more  than  two  hundred  dollars,  or  by  imprisonment  in 
the  house  of  correction   not  less  than  two  nor  more  than 
six  months  :  ]jrovided,   that  any  person  catching  salmon 
when   seining  for  other  fish  and  not  retaining  the  same 
shall  not  be  subject  to  the  penalty  provided  in  this  section. 

Section  3.     "Whoever  takes  or  catches  any  fishes  within  Fish  not  to  be 
four  hundred  yards  of  any  fishway  now  built  or  hereafter  fourhuudred 
to  be  built  on  the  Connecticut  River  or  its  tributaries  lying  ^''^y  *  °^ "  ^*^" 
within  this  Commonweath,  or  trespasses  within  the  limits 
of  such  fishway,  shall  forfeit  for  each  offence  the  sum  of 
fifty  dollars. 

Section  4.     Whoever  uses  any  gill  net  of  an}^  size  or  am  nets  not  to 
description  in  the  waters  of  the  Connecticut  or  Merrimack  ^®'^®'"^" 
Rivers    or   their   tributaries    Ivins:  within   this  Common- 
wealth,   shall  forfeit  for  each  offence  the  sum  of  twenty- 
five  dollars. 

Section  5.     AYhoever  takes  or  catches  any  fish  in  vio-  Boat  and  other 
lation  of  the  provisions  of  this  act  shall  in  addition  to  the  forfeite*r  ^° 
penalties  herein  prescribed,  forfeit  any  boat,  net,  line,  rod 
or  other  apparatus  used  in  such  taking  or  catching. 

Section  6.     If  the  mayor  and  aldermen  of  any  city  or  Penalty  on 
the  selectmen  of  any  town,  bordering  on  either  the  Con-  ntgitcThig  to" 


100 


1874.— Chapters  145,  146. 


appoint  fisb- 
■wardens. 


necticut  or  Merrimack  Rivers,  shall  neglect  to  appoint 
and  fix  the  compensation  of  fish  wardens  within  their 
respective  cities  and  towns  as  now  reqnired  by  law,  the  city 
or  town  in  which  such  neglect  occurs,  shall  forfeit  a  sum 
not  less  than  one  hundred  nor  more  than  five  hundred  dol- 
lars. Ajjproved  Ajiril  7,  187-t. 


Ch       145         ^^  ^^^    ^^    ADDITION  TO 


AN  ACT  TO   ESTABLISH    THE   CITY   OF 
NEWTON. 


Mayor  and  al- 
dermen to  have 
management  of 
the  "  Kenrick 
Fund." 


Statement  of 
condition  of 
fund  to  be  pub- 
lished annually. 


Be  it  enacted,  &c,,  as  follows  : 

Section  1.  The  mayor  and  aldermen  of  the  city*  of 
Newton  shall  have  the  custody,  care  and  management  of 
the  "Kenrick  Fund,"  being  the  gift  of  John  Kenrick,  and 
of  the  distribution  of  the  income  thereof,  according  to  the 
terms  of  the  trust.  All  notes  and  securities  heretofore 
given  for  loans  from  said  fund,  whether  made  to  the  town 
of  Newton,  its  selectmen,  or  otherwise  may  be  collected, 
enforced,  assigned  or  discharged  by  the  mayor  and  alder- 
men. 

All  notes,  mortgages  and  securities  which  may  hereafter 
be  made  for,  or  on  account  of  loans  from  said  fund,  and 
all  contracts  in  relation  thereto,  shall  be  taken  in  the  name 
of  the  city  of  Newton  ;  it  shall  be  expressed  therein  that 
the  same  pertain  to  the  Kenrick  Fund,  and  the  same  may 
be  collected,  enforced,  assigned  or  discharged  in  the  name 
of  the  city  by  the  mayor  and  aldermen.  The  mayor,  by 
an  order  of  the  aldermen  at  any  meeting  of  the  board, 
may  execute  in  the  name  of  the  city  any  deed  or  contract 
in  relation  to  the  fund. 

Section  2.  The  mayor  and  aldermen  shall  cause  a 
statement  of  the  condition  of  the  fund  and  of  the  distribu- 
tion of  the  income  to  be  published  annually  in  some  news- 
paper in  said  city,  or  with  the  statement  of  the  receipts 
and  expenditures  of  the  city. 

Section  3.  This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  council  of  said  city. 

Approved  Ajjril  7,  1874. 


Ch.   146. 


An  Act  to  provide  for  holding  additional  terms  of  the  pro- 
bate COURT  at  AMHERST  IN   THE  COUNTY   OF  HAMPSHIRE. 


Be  it  enacted,  &c.,  as  follows : 

Jt'^A^he^rsT""^*  Section  1.  In  addition  to  the  terms  of  the  prolxite 
court  now  to  be  held  at  Amherst  in  the  county  of  Hamp- 
shire, there    shall   he    held  terms   of  said  court    at   said 


1874.— Chapters  147, 148,  149, 150.  101 

Amherst   on   the    second  Tuesdays  of  March,  June    and 
November. 

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

Approved  April  7,  1874. 

An  Act  to  authorize  the  town  of  abington  to  hold  a  second  rjj^     -ivj 

ANNUAL  MEETING  FOR  THE  PRESENT  YEAR. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     The  town  of  Abington  is  authorized  to  Abington  may 
hold  a  second  annual  meeting  duriui?  the  month  of  April  fo°r  tife'^rec't^on 
of  the  present  year  ;  at  which  town  officers  may  be  elected,  °^'°'"''  °®'''"'- 
and  all  other  town  business  transacted  with  the  same  effect 
and  validity  as  if  said  officers  had  been  elected  and  said 
business  transacted  at  the  annual  meeting  already  holden. 

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

Approved  April  7,  1874. 

An  Act  to  incorporate  the  n£edham  savings  bank.  (Jj^^    148. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Galen  Orr,  Alexander  L3aies,  Levi  Ladd,  corporators. 
J.  E.  Fiske,  Chas.   C.    Greenwood,  their  associates  and 
successors,  are  made  a  corporation,  by  the  name   of  the  , 
Needham  Savings  Bank,  to  be  located  in  Needham  ;  with  Powers  and 
all  the  powers  and  privileges,  and  subject  to  all  the  duties,  '^^"^*' 
restrictions  and  liabilities  set   forth  in  the  general   laws, 
which  now  are  or  hereafter  may  be  in  force  relating  to 
institutions  for  savings. 

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

Approved  April  7,  1874. 
An  Act   to  authorize   the  trustees   of  the  house  of  the  QJi^    149. 

ANGEL   guardian  TO   HOLD  ADDITIONAL   ESTATE. 

Be  it  enacted,  &c.,  as  folloivs: 

Section  1.     The  trustees  of  the  House  of  the  Angel  ^i^^^j^f'^re^^i'^fh 
Guardian   are    authorized    to    hold    additional    real    and  personal  estate. 
personal  estate,  to  an  amount  not  exceeding  one  hundred 
and  fifty  thousand  dollars. 

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

Ajyjyroved  April  7,  1874. 

An  Act  in  addition  to  an  act  concerning  witnesses  in  crimi-  fii      -<  ~rx 

NAL  prosecutions   IN   OTHER   STATES.  ^ ''"      J-*^'-'' 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     The  first  section  of  chapter  three  hundred  Amemimentto 
and  nineteen  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-three  is  hereby  amended  by  inserting  after  the 
word  Commonwealth  in  the  second  line  of  said  section  the 


102 


1874. — Chapter  151. 


words  "or  the  clerk  of  any  court  of  record  in  the  state  of 
Maine." 

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

AjJiyrovecl  Ajjril  9,  1874. 


Ch.   151. 


Fire  districts 
may  raise 
money  for  piir- 
cliase  of  engines. 


Prudential 
committee. 


Treasurer  to 
give  bond. 


Treasurer  pro 
tempore  may  be 
appointed  in 
case  of  vacancy. 


Amendment  to 
Or.  S.  24,  §  44. 


Repeal  of  G.  S. 
24,  §  43. 


An  Act  providing  for  the  election  of  treasurers  of  fire 
districts,  and  to  amend  chapter  twenty-four  of  the  gen- 
eral statutes. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  Fire  districts  duly  organized  under  the 
provisions  of  the  twenty-fourth  chapter  of  the  General 
Statutes  may,  at  meetings  called  for  the  purpose,  raise 
money  for  the  purchase  of  engines  and  other  articles 
necessary  for  the  extinguishment  of  iires,  for  the  purchase 
of  land  and  erection  and  repairs  of  necessary  buildings, 
and  other  incidental  expenses  of  the  fire  department. 
They  shall  choose  a  prudential  committee  which  shall 
expend  the  same  for  the  purposes  prescribed  by  votes  of 
the  district. 

Section  2.  Such  districts  shall  also  choose  a  treasurer 
who  shall  give  bond  in  such  sum  as  the  prudential  committee 
require,  with  sureties  to  their  satisfaction,  for  the  faithful 
discharge  of  the  duties  of  his  office.  The  treasurer  so 
chosen  and  qualified,  shall  receive  and  take  charge  of  all 
sums  of  money  belonging  to  the  district,  and  pay  over  and 
account  for  the  same  according  to  the  order  of  such 
district  or  the  prudential  committee. 

Section  3.  When  the  office  of  treasurer  is  vacant  by 
reason  of  death,  removal  or  other  cause,  or  when  the 
treasurer  is  prevented  from  performing  the  duties  of  his 
office,  the  prudential  committee  may  by  writing  under 
their  hands  appoint  a  treasurer  ^>'o  tempore,  who  shall  give 
a  bond  in  like  manner  as  provided  in  the  second  section  of 
this  act,  and  hold  his  office  until  another  is  chosen. 

Section  4.  Section  forty-four  of  said  chapter  of  the 
General  Statutes  is  amended  by  striking  out  the  words 
"prudential  committee"  in  the  fifth  and  sixth  lines  thereof, 
and  substituting  therefor  the  words  "treasurer  of  the  dis- 
trict." 

Section  5.  Section  forty-three  of  said  chapter  is 
repealed  ;  but  such  repeal  shall  not  affect  any  liability 
incurred  by  the  prudential  committee  of  any  tire  district 
prior  to  the  time  when  this  act  takes  effect. 

Section  6.  This  act  shall  take  effect  on  the  first  day 
of  January  next.  Approved  April  9, 187i. 


1874.— CiiAPTEES  152,  153.     -  103 

An  Act  to  amend  the  laws  in  regard  to  attachments  dis-  rij.      -i  ro 

PUTED   BY  PERSONS   HAVING   SUBSEQUENT  LIENS.  ' 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The   j)rovisions    of  sections    ninety-two,  provisions  of 
ninety-three,   ninety-four,  ninety-live,  ninety-six,   ninety-  wiftoapp^iyTo 
seven,  ninety-ei^jht,  ninety-nine,   one  hundred,   and   one  actionscom- 
hundred  and  one   of   chapter  one  hundred   and   twenty-  police  and  dis- 
three  of  the  General  Statutes  shall  apply  to  actions  com-  "*^  '^^^^  ^' 
menced  before  police,  municipal  and  district  courts. 

Section  2.     Section    one    hundred    and    two    of    said  ^'"®"''™™**° 
chapter  is  amended  by  striking  out  the  words  "or  police 
court." 

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

Approved  April  9,  1874. 

An  Act  in  addition  to  acts  in  relation  to  smelt  fisheries,  rii.      i  pro 
Be  it  enactacl,  &c.,  as  follows: 

Section  1.     Whoever  within  this  Commonwealth  offers  smeits  not  to  be 
for  sale  or  has  in  his  possession  any  smelt  or  smelts  be-  pos'leTsionVe" 
tween  the  fifteenth  day  of  March  and  the  first  day  of  June  iXand  June 
in  each  year,  shall  forfeit  for  each  and  every  smelt  so  sold,  i^t- 
offered  for  sale,  or  had  in  his  possession,  the  sum  of  one 
dollar. 

Section  2.     Whoever  takes   or  catches  any  smelt  or  smeits  not  to  be 
smelts  with  a  net  of  any  kind,  or  in  any  other  manner  than  byXand-mfe.* 
b}-^  naturally  or  artificially  baited  hooks  and  hand-lines, 
shall  forfeit  for  each  smelt  so  caught  or  taken  the  sum  of 
one  dollar :  provided,  that  nothing  contained  in  this  act  Proviso. 
shall  apply  to  any  person  catching  smelts  in  any  seine  or 
net,  within  the  limits  of  Bristol,    Barnstable    or   Dukes 
counties,  during  the  time,  and  in  the  manner,  a  j)erson 
may  lawfully  fish  for  perch,  herring  or  ale  wives,  or  to  any 
person  oftering  for  sale  or  having  in  his  possession  smelts 
so   caught,  within  those   limits  ;  and   in   all  prosecutions 
under  this   act,   the  burden  of  proof   shall  be  upon    the 
defendant  to  show  that  the  smelt  or  smelts,  the  offering  for 
sale,  possession,  or  catching  of  which  is  the  subject  of  the 
prosecution,  were  legally  caught. 

Section  3.     The  mayor  and  aldermen  of  any  city,  the  Municipal  offi- 
selectmen  of  any  town,  and  all  police  officers  and  consta-  gulbiesto'^cause 
bles  within  this  Commonwealth,  shall  cause  the  provisions  f'^yceV^^" 
of  this  act  to  be  enforced  within  their  respective  cities  and 
towns,  and  all  forfeitures  and  penalties  for  violations  of 
the  provisions  of  this  act  shall  be  paid,  one-half  to  the 


104:  1874.— Chapters  154,  155. 

person  making  the  complaint  and  one-half  to  the  city  or 
town  in  which  the  offence  is  committed. 

Section  4.     All  acts  conflicting  with  this  act  are  hereby 
repealed.  Ajjproved  Ai^ril  9,  1874. 

Oh        154     ^'^  ^^^  ^^  PROVIDE  FOR  THE  APPOINTMENT  OF  AN  ASSISTANT  CLERK 
OP  THE  CENTRAL  DISTRICT  COURT  OF  WORCESTER. 

Be  it  enacted,  &c.,  as  follows  : 
Clerk  may  .np-         Section  1.     Thc  clcrk  of  tlic  Central  district  court  of 
point  an  aesjb     "yYorcestcr  may  appoint   an  assistant  clerk  who   shall  be 

subject  to    all    provisions  of  law  applicable  to  assistant 

clerks  of  district  courts  and  perform  all  duties  prescribed 

therefor. 
Salary  to  be  Sectiox  2.     Said  Rssistaut  clei'k  shall  receive  an  au- 

ti^easury™  ^ '^  ^    nual  Salary  of  one  thousand  dollars  to  be  paid  out  of  the 

treasury  of  the  Commonwealth. 

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

Approved  April  9,  1874. 

Ch        155     ^^   ^^^    ^^  AMEND   "AN  ACT  FOR  THE  ABATEMENT  OF  A  NUISANCE  IN 
*        THE  CITY  OF  CAMBRIDGE  AND  FOR  THE   PRESERVATION  OF  THE  PUB- 
LIC HEALTH  IN  SAID  CITY." 

Be  it  enacted,  &c.,  as  folloivs : 
^V^asseism^nr       Chapter  three  hundred  and  ninety-one  of  the  acts  of  the 
for  expenses,      year  eighteen  hundred  and  sixty-nine  is  hereby  amended 
'  by  adding  at  the  end  of  the  third  section  of  said  act  the 

following  words,  "If  the  owner  of  any  estate  so  assessed 
for  such  expenses  desires  to  have  the  amount  of  said  assess- 
ment apportioned,  he  shall  give  notice  thereof  in  writing 
to  the  board  of  mayor  and  aldermen  at  any  time  before 
a  demand  is  made  upon  him  for  the  payment  thereof,  or 
at  any  time  not  exceeding  thirty  days  after  such  demand, 
and  said  board  shall  thereupon  apportion  the  said  amount 
into  five  equal  parts,  which  apportionment  shall  be  cei'ti- 
fied  to  the  assessors  of  said  city ;  and  the  said  assessors 
shall  each  year  for  the  five  years  then  next  ensuing,  in 
addition  to  the  annual  tax  on  said  estate,  include  in  their 
warrant  to  the  collector  one  of  said  equal  parts,  with  the 
interest  thereon  from  the  date  of  said  apportionment, 
which  part  shall  be  collected  and  the  lien  therefor  enforced 
in  the  same  manner  with  like  charges  for  cost  and  interest, 
and  with  the  same  right  in  the  collector  to  purchase  such 
land  in  behalf  of  the  city,  as  is  provided  by  law  fo*r  the 
collection  of  taxes  upon  real  estate.  Said  city  may  assume 
the  cost  of  raising  to  the  required  grade,  such  private 
ways    or   courts  in  said  city,  as   have    been  or  may  be 


1874.— Chapters  156,  157, 158.  105 

orclered  to  be  filled  to  grade  under  the  provisions  of  this 
Jict."  Approved  April  9,  1874. 

An  Act  relatixg  to  the  county  law  library  associations.      (JJi^    156. 
Be  it  enacted,  tfic,  as  follows: 

Sectiox  1.     The  sixth  section  of  the  thirty-third  chap-  county  treas- 
ter  of  the  General   Statutes  is   so  far  amended  that  the  over^hJie^ 
several  county  treasurers  shall  pay  to  the  county  law  library  f"Jm"cie7krof  "^ 
associations,  the  whole  amount  received  from  the  clerlis  of  ^'"g'*^  §6 
courts   during   the  preceding   year :  provided,  the  same  provisos. 
does  not  exceed  one  thousand  dollars  :  and  in  case  the  same 
exceeds  one  thousand  dollars,  they  shall  pay  in  addition 
thereto  one-quarter  part  of  the  surplus  :  jyrovided,  however, 
that  the  whole  amount  paid  to  said  association  in  any  county 
in  anj'  one  year  shall  not  exceed  two  thousand  dollars. 

Section  2.     This  act  shall  not  be  deemed  to  prevent  ^'"' *»  p'"<'^eiit 
the  county  commissioners  Irom  allowing  any  further  pay-  sioneisfrom 
ment  as  provided  in  the   said   sixth   section  of  the   said  aiiowance.'^  '^^ 
thirty -third  chapter  of  the  General  Statutes. 

Sectiox  3.     Chapter  two  hundred   and   fifteen  of  the  R<'peai  of  ises, 
acts  of  eighteen  hundred  and  sixty -three  is  repealed. 

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

Approved  April  9,  187-i. 

An  Act  to  change  the  time  of  holding  probate  courts   in  (J]^     \'^'J 

hampden  county. 
Be  it  enacted,  <fcc.,  as  foUotvs  : 

Section  1.     Probate  courts  shall  be  held  in  each  year,  probate  conns 
for  the  county  of  Hampden,  as  hereinafter  mentioned  : —    coSuy.^"^^" 

At  Springfield  on  the  first  Tuesdays  of  January,  Feb- 
ruary, March,  April,  May,  June,  July,  September,  Octo- 
ber and  December ;  at  Palmer  on  the  second  Tuesdays  of 
February,  May  and  September  and  the  fourth  Tuesday  of 
November,  and  at  Westfield  on  the  third  Tuesdays  of 
February,  May,  September  and  December. 

Section  2.     The  first  section  of  the  one  hundred  and  Repeal  of  ises, 
twenty-third  chapter  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-five  is  repealed. 

Section  3.  This  act  shall  take  efiect  on  the  first  day 
of  July  next.  Approved  April  9,  1874. 

An  Act  to  revive  the  rockland  bank  of  roxbury  for  cer-  (J]i^    158. 

TAIN    PURPOSES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  corporation  heretofore  known  as  the  charter  revived 
President,  Directors  and  ComiDany  of  the  Rockland  Bank,  cancelling  a 

'^  mortgage. 

14 


106  1874.— Chapters  159,  160. 

and  formerly  located  in  Roxbury,  is  hereby  revived  and 
continued  for  the  purpose  of  enabling  the  president  and 
directors  of  said  Rockland  Bank  to  discharge  and  cancel 
a  certain  mortgage  deed  given  by  James  Taylor  to  George 
Taylor,  dated  September  seventh,  eighteen  hundred  and 
fifty-two,  and  recorded  with  Middlesex  county  deeds, 
south  district,  book  six  hundred  and  thirty-six,  page  five 
hundred  and  twenty-five,  and  to  remise,  release  and 
quitclaim,  in  the  name  and  on  Ijehalf  of  said  Rockland 
Bank,  to  the  heirs  of  James  Taylor,  late  of  NeAvton,  in  the 
county  of  Middlesex,  deceased,  the  real  estate  described 
in  said  mortgage  deed.  Said  corporation  is  revived  for  no 
other  purpose  whatever. 

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

Approved  April  9,  1874. 

Ch.      159.   "^^   '^^'^  '^^   AUTHORIZE  THE   NEW  BEDFORD  RAILROAD   COMPANY  TO 

LEASE   ITS   ROAD. 

Be  it  ejiaclcd,  &c.,  as  folloivs : 
Lease  ratified  Section  1.  The  Icasc  of  the  Ncw  Bedford  Railroad 
ma  evai  .  ^^^^  brauchcs  to  the  Boston,  Clinton  and  ritch!)urg  Rail- 
road Company,  dated  the  second  day  of  February  in  the 
year  one  thousand  eight  hundred  and  seventy-four  is 
ratified  and  made  valid. 

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

Approved  April  9,  1874. 

Cll.      160.   -^^  -^^^    '^'^    AUTHORIZE    THE     BOSTON,    REVERE     BEACH    AND     LYNN 
RAILROAD   COMPANY   TO   ESTABLISH   AND   SUPPORT   A   FERRY. 

Be  it  enacted,  &c.,  as  follows : 
May  establish  a       Section  1.     The  Bostoii,    Rcvd'c    Bcach   and    Lynn 

ferry  between       -r-k-ii/^  ^ii'i  ^  i  <•• 

East  Bostou and  Raih'oad  Compaiiy  may  estabhsh   and  support  a  terry  in 

Boston.  connection  with  their  railroad,  which  shall  be  located  from 

the  terminus  of  their  railroad  in  East  Boston  to  Boston 

proper,  between  State  Street  and  Oliver  Street,  and  may 

transport  persons  and  freights  upon  such  ferry. 

May  take  land         Section  2.     Said  coHipauy  may  purchase  or  otherwise 

or  purpose.       take  any  land  necessary  for  the  purpose  of  said  ferry ; 

and  if  they  shall  not  be  able  to  obtain  such  land  by  an 

agreement  with  the  owner  thereof,  they  shall  pay  therefor 

Damages.  sucli  damages  as  shall  be  estimated  and  determined  by  the 

mayor  and  aldermen  of  the  city   of  Boston ;   and  either 

party,   if   dissatisfied   with    any    estimate    made    by    said 

mayor  and  aldermen,  may  apply  for  a  jury  to  the  superior 

court  next  to  be  held  within  the  county  of  Suffolk,  after 

the  said  estimate  is  made   known  to  the   parties ;    and 


1874.— Chaptees  161,  162.  107 

thereupon  the  same  proceedings  shall  be  had  as  in  case  of 
estimating  and  enforcing  payment  of  damages  for  laying 
out  ways  within  the  said  city  of  Boston. 

Section  3.     Sjich  taking,  otherwise  than  by  purchase,  Takingtobe 
shall   be  void   unless  within  thirty  days  thereafter  said  l°i-Z!Zlmf 
company  shall  give  to  the  owner  or  owners  of  the  land  aimfges^shSf* 
taken  a  bond  with  sureties,  satisfactory  to  the  board  of  Repaid, 
railroad  commissioners,  conditioned  to  pay  such  damages 
as  may  be  awarded  under  this  act.     Apjjroved  April  9, 1874. 

An  Act  m  addition  to  an  act  incokporating  the  monadnock  /^7,      i  rji 

RAILROAD    company. 

Be  it  6)1  acted,  &c.,  as  follows  : 

Section  1.     The  Monadnock  Railroad  Company  may  Monndnock 

-■  .,  T    .  ,i  Ml  J.'  i     1    1         Railroad  Com- 

iease  its  road  to  any  other  railroad  corporation  created  by  pany  may  lease 
the  laws  of  this  Commonwealth,  or  of  the  state  of  New  com°e"c1ingran- 
Hampshire,  within  or  without  the  Commonwealth  of  Mas-  road  company. 
sachusetts,  whose  tracks  now,  or  may  hereafter,  connect 
with  the  tracks  of  said  Monadnock  Railroad  Company, 
upon  such  terms  and  for  such  time  as  the  directors  may 
agree,  and  as  may  be  approved  by  a  majority  in  interest 
of  all  the  stockholders  of  each  corporation,  at  meetings 
duly  called  for  the  purpose  ;  subject  to  the  provisions  of 
section  one  of  chapter  one  hundred  and  eighty  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-two  with  regard 
to  leases  of  railroads. 

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

Approved  April  10,  1874. 

An  Act  to  amend  chapter  two  hundred  and  sixty-five  of  ry-i      ipo 

THE     ACTS   OF   THE    YEAR    EIGHTEEN    HUNDRED  AND    SIXTY-SEVEN    ^  **      ^^^' 
CONCERNING   THE   PRESERVATION   OF   THE   RECORDS  OF  TOWN  PRO- 
PRIETARIES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Section  one  of  chapter  two  hundred  and 
sixty-five  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-seven,  is  amended  so  that  the  same  shall  read  as 
follows  : — 

The  county  commissioners   of  the  several  counties  are  County  commis. 
hereby  authorized  and  required  to  have  made  under  their  cLTse  copies  to 
direction,  copies  of  such  records  or  books  of  records  of  {J^J'^^'J.f ^^^^j.^ 
proprietors,  of  town  proprietaries,  or  of  any  city,  town,  ^^^^  265  «i 
or  county  within  or  without  the  Commonwealth,  as  relate 
to  titles  to   land  in  their  respective  counties,  and  as  in 
their  judgment  ought  to  be  preserved  and  perpetuated  ; 
such  copies  to  be  deposited  in  the  registry  of  deeds  for 


108  1874.— Chapters  163,  164. 

the  county  or  division  of  a  county  to  which  such  records 
relate  to  be  there  kept  by  the  respective  registers  of 
deeds  as  other  books  of  records  are  kept  by  them. 

Section  2.     This  act  shall  take  effectnipou  its  passage. 

Apjiroved  April  10,  1874. 

Ch.      163.   -^^   ^*^^   ^^    ADDITION    TO     AN    ACT    FOR    SUPrLYING    THE    TOWN   OF 

PITTSFIELD   WITH   PUKE   WATER. 

Be  it  enacted,  &c.,  as  follows: 
Fhe  district  Section  1.     The  Pittsfield  fire  district  is  authorized  to 

may  take  waters  /.riiiT-iii-i 

of  sackett's       take  the  waters  or  feackett  s  lirook  m  the  town  of  Dalton, 
ton°°aiKi  convey  aud  tlic  watcrs  whicli  flow  into  and  from  the  same,  and  to 
same  to  Pitts,     ^joj^ygy  ^j^^g  g^^j^^jg  ^^^^  [^^^q  ^^^^  through  the  village  of  Pitts- 
field  for  the  purpose  of  furnishing  an  additional  supply  of 
water  for  the  town  and  village  of  Pittsfield,  and  for  public 
purposes ;  and  for  this  purpose  may  take,  by  purchase  or 
otherwise,  any  lands  on  or  around  said  brook,   and   any 
water  rights  connected  therewith,  and  may  build  and  main- 
tain all  necessary  dams  and  reservoirs,  and  lay  and  main- 
tain   all    necessary  pipes  to   connect   the   same  with    its 
present  aqueducts. 
Liability  for  Section  2.     Said  fire  district  shall  be  liable  to  pay  all 

damages  that  shall  be  sustained  by  any  person  or  corpora- 
tion by  the  proceedings  of  said  district  under  this  act,  aud 
the  same  shall  be  assessed  and  determined  in  the  manner 
prescribed  in  the  sixth  section  of  chapter  two  hundred 
and  ten  of  the  acts  of  the  j^ear  one  thousand  eight  hun- 
dred and  fifty-two,  and  section  nine  of  the  same  chapter 
shall  apply  to  all  water  taken,  and  to  all  structures  made 
and  property  acquired  or  taken  by  said  fire  district  under 
this  act. 

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

Approved  Aprril  10,  1874. 

C/h.      164.   ^^  ^^^  '^'^   PROVIDE   FOR    THE  APP0INT3IENT   OF  A   SECOND   ASSIST- 
ANT  DISTRICT-ATTORNEY   FOR   THE   SUFFOLK   DISTRICT. 

Be  it  enacted,  t&c,  as  follows: 
t^t°rklauoruTy  SECTION  1.  The  district-attomcy  for  the  Suffolk  dis- 
for  Suffolk.  trict  may  appoint  a  second  assistant  district-attorney,  who, 
under  the  direction  of  the  said  district-attorney,  shall 
assist  him  in  the  performance  of  his  official  duties,  who 
shall  l)e  removable  at  his  pleasure,  and  who  shall  receive 
out  of  the  treasury  an  annual  salary  of  two  thousand 
dollars,  and  at  that  rate  for  any  part  of  a  year. 

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

A2)2)roved  April  14, 1874. 


1874.— Chapters  165, 166, 167.  109 

Ax  Act  IX  addition  to  an  act  concerning  ^lANUrACTURING  AND    (7A.      165. 
OTHER  CORPORATIONS. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     Any    number   of    persons,  not  less   than  Mamifartnrjng 
three,  who  shall  have  associated  themselves  together  liy  porations  estab- 
an  agreement  in  writing,  such  as  is  described  in  chapter  ge„erai"iaw«. 
two  hundred  and  twenty-four  of  the  acts  of  eighteen  hun-  1870,224. 
dred    and    seventy,    with   the    intention   to    constitute    u 
corporation  for  the  purpose  of    carrying   on  any  lawful 
business  not  mentioned  in  sections  two,  three,  four,  five 
and  six  of  said  chapter,  except  buying  and  selling  real 
estate  and  banking,  with  a  capital   of  not  less  than  one 
thousand  and  not  more  than   one    million    doUars,  shall 
become  a  corporation  upon  complying  with  the  provisions 
of  the  eleventh  section  of    said  act,  and  shall  remain  a 
corporation,  with  all  the  powers,   rights  and  privileges, 
and  subject  to  all  the  duties,  limitations  and  restrictions 
conferred  by  said  act  and  by  general  laws  upon  corpora- 
tions. 

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

A2^2^roved  April  14,  1874. 

An  Act  to  amend  an  act  for  the  abatement  of  a  nuisance  QJ^^    166. 

IN   THE    CITIES     OF    CAMBRIDGE   AND    SOMERVILLE    AND    FOR    THE 
PRESERVATION   OF   THE   PUBLIC   HEALTH   IN   SAID   CITIES. 

Be  it  enacted,  &g.,  as  follows  : 

Section  1.  The  first  section  of  chapter  three  hundred  Amendment  to 
and  four  of  the  acts  of  the  year  one  thousand  eight  hun- 
dred and  seventy-three  is  amended  by  inserting  after  the 
word  "south-west,"  in  the  fifth  line,  the  words  "of  a  line 
parallel  with  and  not  more  than  one  hundred  feet  distant 
north-eastwardly  from  the  centre  of  the  tracks." 

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

Ai^proved  April  15,  1874. 

Am  Act  in  relation  to  the  boston  normal  school  in  the  city  (Jj^^    167. 

OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  action  of  the  city  council  and  of  the  Establishment 
school  committee  of  the  city  of  Boston,  in  establishing  NonnaTschooi 
and  maintaining  the    school,  called   the   Boston   Normal  ji^'ade valid. 
School,  is  ratified,  confirmed,  and  made  valid,  to  the  same 
extent  as  if,  prior  to  the  establishment  thereof,  and  during 
its  continuance,   and  at  the  present  time,  the  said  city 
council,  and  said  school  committee,  or  either  of  them,  had 
authority  to  establish  and  maintain  the  same  ;  and  the  said 


110  1874.— Chapters  168, 169. 

school  committee  shall  have  the  same  power  to  maintain 
and  continue  the  said  normal  school  as  they  have  now  to 
maintain  and  continue  the  other  public  schools  of  said 
city. 

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

Approved  April  15,  1874. 

Ch.    168.  An  Act  to  authorize  the  town  of  beverly  to  issue  bonds  for 

THE  PURPOSE  OF  FUNDING  ITS  DEBT. 

Be  it  enacted,  tfcc,  as  follows  : 
fssre'bondfto         SECTION  1.     The  towu  of  Bcvcrly  is  authorized,  for  the 
debt  "^"'^^'"^      purpose  of  funding  its  present  debts  and  of  providing  for 
such  debts  as  it  may  hereafter  contract  under  existing  pro- 
visions of  law,  to  borrow  from  time  to  time,  such  sums  of 
money  as  it  may  require,  not  exceeding  in  the  aggregate 
nine  hundred  and  thirty  thousand  dollars,  and  to  issue 
notes,  bonds  or  certificates  of  debt  therefor,  not  exceed- 
ing said  amount,  bearing  interest  not  exceeding  seven  per 
centum  per  annum  payable  semi-annually,  and  the  principal 
payable  at  such  periods  as  it  ma}^  see  fit,  not  exceeding 
thirty  years  from  the  issue  thereof.     And  said  town  may 
Bonds  may  be     qq\\  {]jq  same  or  auv  i3art  thereof,  at  public  or  private  sale, 

sold  at  public  or  '<,'■-,...'■  ^  ^ 

private  sale.  ou  such  tcrms  and  conditions  as  it  may  deem  proper. 
And  said  town  shall  annually  assess  by  taxation,  such 
amount  as  may  be  necessary  to  pay  the  interest  as  it 
accrues  on  its  whole  debt,  and  also  shall  annually  assess  and 

Sinking  fund,  ggt  apart  the  sum  of  ten  thousand  dollars  as  a  sinking  fund, 
which  shall  be  applied  solely  to  the  payment  of  the  princi- 
pal of  said  loan  until  the  same  is  fully  paid  and  disoliarged. 
The  chairman  of  the  selectmen,  the  chairman  of  the  asses- 
sors and  the  treasurer  of  the  town,  for  the  time  being, 
shall  be  trustees  of  said  sinking  fund,  and  shall  render  an 
account  to  the  annual  town  meeting  in  each  year,  and  at 
such  other  times,  as  may  from  time  to  time  be  required  by 
the  town. 

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

Approved  April  15,  1874. 

Ch.    169.  An  Act  in  addition  to  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  follows: 

Justices  may.         SECTION  1.     The  iusticcs  of  the  municipal  coui't  of  the 

designate  two  .  n    -r\  iht-  ii  c         •  ^      • 

constables  to  city  of  Bostou  sliall  designate  two  constables  of  said  city 
of  dviuerms  to  attcud  the  scssious  of  said  court  for  the  transaction  of 
coi^t!°'"^^^       civil  business,  and  to  serve  such  precepts,  orders  and  pro- 


1874.— Chapters  170, 171, 172.  Ill 

cesses  issuing  therefrom-  as  shall  be  committed  to  them  by 
said  justices,  or  either  of  them  ;  and  said  constables  shall  sai'^'T- 
each  receive  from  the  treasury  of  said  city  a  salary  at  the 
rate  of    twelve  hundred   dollars  a   year,  to  be  paid  in 
monthly  instalments. 

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

Ajtproved  April  15,  1874. 

An  Act  in  relation  to  discharged  convicts.  Ch.    170. 

Be  it  enacted,  &c.,  asfollotvs : 

Section  1.     Any  convict  who,  at  the  legal  expiration  sick  convict 
of  his  sentence  is  in  such  condition  from  bodily  infirmity  "d? hi jiur&c.f 
or  disease  as  to  render  his  removal  impracticable  shall  be  of'seSce.*'*^^" 
provided  for  and  receive  such  treatment  in  the  state  prison, 
jail,  house  of  correction  or  house  of  industry  in  which  he 
was  confined,   as  the  exigency  of  the  case  may  require, 
until  he  is  in  a  condition  to  be  removed.     The  expense  of 
such  care  and  treatment  of  any  discharged  convict  shall  be 
paid,  at  a  rate  not  exceeding  three  dollars  and  fifty  cents 
per  week,  by  the  city  or  town  where  he  may  have  a  legal 
settlement ;  after  notice  upon  expiration  of  sentence  shall 
have   been  given   by  the   authorities  of  the  prison  to  the 
overseers  of  the  poor  of  the  city  or  town  liable  for  his  sup- 
port,  or  to  the   board  of  state  charities,  if  he  be  a  state 
pauper,  of  the  condition  of  said  discharged  convict. 

Section  2.  Section  forty-two  of  chapter  seventy-one 
of  the  General  Statutes  and  the  second  section  of  chapter 
one  hundred  and  sixty-nine. of  the  acts  of  the  year  eighteen 
hundred  and  sixty-four  are  repealed. 

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

Api:)rovcd  April  15,  1874. 

An  Act  to  fix  the  salary  of  the  justice  of  the  police  court  (J]i^    171. 

OF  LEE. 

Be  it  enacted,  &c.,  as  folloivs: 

Section  1.     The  annual  salary  of  the  justice    of  the  salary  estab- 
police  court  of  Lee  shall  be  eight  hundred  dollars,  payable 
from  the  first  day  of  April,  eighteen  hundred  and  seventy- 
four. 

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

Approved  April  15,  1874. 

An  Act  to  legalize  certain  doings  ok  the  town  of  groton.      (JJ^^    172. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  action  of  the  town  of  Groton  at  its  last  Action  of  town 
annual  meeting  in  voting  to  raise  by  taxation  the  sum  of  GrotJnfiegai- 

ized. 


112  1874.-~Chaptees  173, 174, 175. 

four  hnndrecl  dollars  and  to  appropriate  the  same  to  defray 
the  expense  of  the  reception  of  the  old  sixth  regiment  of 
Massachusetts  volunteers  at  its  reunion  to  be  held  on  the 
nineteenth  of  April  of  the  present  year,  is  authorized,  rati- 
fied and  made  valid. 

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

Approved  April  15,  1874. 

Ck.      173.   -^^    ^^^   '^'^   AUTHORIZE    HARVEY    SCUDDER,    WILLIAM   J.   BRIDE    AND 
C.  M.  CLAPP  TO  CONSTRUCT  A  WHARF  IN  BARNSTABLE. 

Be  it  enacted,  &c.,  as  follows  : 
May  construct         Section  1.     Liccuse  is  givcu  to  Plarvey  Scudder,  Wil- 
stabie.  liam  J.  Bride  and  C.   M.   Clapp  to  construct  a  wharf  in 

Barnstable,  subject  to  the  provisions  of  chapter  four  hun- 
dred and  thirty-two  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-nine. 

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

Approved  Apjril  15,  1874. 

Ch.      174.  ^^  ^^'^   ^^  ADDITION  TO  AN  ACT  TO  INCORPORATE  THE  SALISBURY 

BEACH  PLANK  ROAD  COMPA.NY. 

Be  it  enacted,  &c.,  as  follows: 
'i^^''i]fTl^°  Section  1.  The  fifth  section  of  chapter  one  hundred 
and  seventy-two  of  the  acts  of  the  year  eighteen  hundred 
and  sixty-five  is  hereby  amended  by  adding  thereto  the 
following  words  "excepting  the  fifth  section  of  the  sixty- 
second  chapter  of  the  General  Statutes." 

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

Approved  April  15,  1874. 

(7/i.      175.   ^^  ^^^    ^*^  AUTHORIZE   A   NEW  BKID'bE   BETWEEN  BOSTON  AND   CAM- 
BRIDGE. 

Be  it  enacted,  &c.,  as  follows  : 
May  build  Section  1.     The  cities  of  Boston  and  Cambridge  are 

Bostou  and °^''   autlioi'ized  to  lay  out,  make  and  maintain  a  new  avenue 
Cambridge.        {yq^i  Brattle    Squarc  in    said   Cambridge   across   Charles 
River  to  some  point  on  Market  Street  in  ward  nineteen  in 
said  Boston,  and  to  build  and  maintain  a  bridge  across 
said  river  which  shall  be  a  part  of  said  avenue. 
^ke\aud  within      Section  2.     Each   of  said   cities  may  within  its  own 
its  own  limits,     limits,  takc  laud  for  said  avenue  in  the  same  manner  as 
lands  are  taken  therein  for  laying  out  highways,  with  the 
same  right  to  all  parties  to  appeal  to  a  jury,  and  l)etter- 
ments  may  be  assessed  in  each  city  as  in  the  case  of  other 
ways. 
Draw  to  have  a       SECTION  3.     Said  bridge  shall  have  a  draw  with  a  clear 

clear  opennig  of  ,  r     ^  •  •  «!/•  c 

thirty-eight foet.  opening  01  thirty-ciglit  feet  for  the  free  passage  of  vessels, 


f 


1874:.— Chapter  176.  113 

and  the  authority  hereby  given  to  build  said  bridge  is 
given  subject  to  the  provisions  of  chapter  one  hundred 
and  forty-nine  of  the  acts  of  the  year  one  thousand  eight 
hundred  and  sixty-six.  i 

Sectiox  4.     Each  of  said  cities  shall  bear  the  expense  Expense  of 
of  laying  out,  making  and  maintaining  that  part  of  said  "rd'mfinSfg 
avenue  on  its  own  side  of  the  channel,  but  the  expense  of  '''■*^- 
making,   maintaining  and    operating   said  draw   shall   be 
borne  equally  by  said  cities.     And  the  care  and  manage- 
ment of  said  bridge  and  draw  shall  be  vested  in  the  board 
of  commissioners  provided  for  in  section  six  of  chapter 
three  hundred  and  two  of  the  acts  of  eighteen  hundred  and 
seventy. 

Section  5.     This  act  shall  take  effect  upon  its  accept- 
ance by  the  city  councils  of  Boston  and  Cambridge. 

Approved  April  15,  1874. 

An  Act  to  amexd  an  act  establishing  the  Jamaica  pond  aque-  rjj^      lilQ 

DUCT  corporation. 

Be  it  enacted,  cfcc,  as  follows : 

Section  1.     The  Jamaica  Pond  Aqueduct  Corporation  May  provide 
established  by  chapter  one  hundred  and  thirty-five  of  the  ^'^^^f^^l'"'^^^ 
acts  of  the  year  one  thousand  eight  hundred  and  fifty-  machinery. 
seven,  may  provide  and  use  suitable  pumps  and  machinery 
for  the  purpose  of  increasing  the  pressure  upon  its  pipes 
and  for  the  better  distri))ution  of  the  waters  Avhich  it  is 
now  authorized  by  law  to  hold.     Said  corporation  may  May  take  land. 
take  and  hold  by  purchase  or  otherwise,  land  which  may 
be  necessary  for  the  erection  of  suitable   buildings  for  the 
use  and  protection  of  such  pumping  machinery  and  shall 
file  in  the  Suffolk  registry  of  deeds  within  sixty  days  of 
such  taking,  a  description  thereof  sufficiently  accurate  for 
identification. 

Section  2.      Whoever   wilfully  pollutes,    corrupts    or  Penalty  for  cor- 
diverts  the  Avaters  of  any  pond,  spring  or  stream  held  by  or^Vvmhigthe 
said  corporation  as  a  supply  of  pure  water,  or  bathes  or  ^'^^• 
fishes  therein,  or  injures  any  dam,  aqueduct,  conduit,  pipe, 
hydrant  or  w^orks  used  by  said  corporation,  shall  be  liable 
for  the  full  amount  of  damages  to  be  recovered  in  an  action 
of  tort  and  puni.shed  by  a  fine  not  exceeding  three  hundred 
dollars  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  3^ear. 

Section  3.     If  any  person  or  persons  whose  land  is  Assessment  of 
taken   by  the   said  Jamaica  Pond  Aqueduct  Corporation  '^^■"''^^*- 
under  this  act,  cannot  agree  with  said  corporation  upon 

15 


IM  1874.— Chapters  177,  178, 179. 

the  amount  of  damages  to  be  paid  for  such  taking,  the 
owner  or  owners  of  any  such  land,  may  apply  for  a  jury  to 
assess  such  damages  by  petition  to  the  superior  court  for 
•  Suffolk  County,  at  any  time  within  two  years  after  such 

taking.  Such  petition  may  be  filed  in  the  office  of  the 
clerk  of  the  court,  Avho  shall  thereupon  issue  a  summons 
returnable  at  the  next  term  of  the  court,  if  in  vacation,  or 
if  in  term  time,  on  such  a  day  as  the  court  may  order. 
Such  summons  shall  be  served  by  copy  on  the  president 
of  the  Jamaica  Pond  Aqueduct  Corporation,  at  least  four- 
teen days  before  the  return  day,  and  the  cause  shall  there- 
upon proceed  like  other  civil  causes  in  said  court. 

Approved  April  15,  1874. 

Oh.      177.   -^^  ^^"^  RELATING  TO  TRUSTEES  OF  METHODIST  EPISCOPAL  CHUKCUES. 

Be  it  enacted,  &c.,  as  folloios  : 
QTi?z\!Ti.  ^°  Section  one  of  chapter  thirty-one  of  the  General  Statutes 
is  amended  by  inserting  after  the  word  societies  the  words 
"and  trustees  of  the  Methodist  Episcopal  churches  ap- 
pointed according  to  the  discipline  and  usages  thereof," 
and  also  in  the  fourth  section  of  the  same  chapter  after  the 
word  vestry  the  words  "or  if  made  by  the  trustees  of  the 
Methodist  Episcopal  church  without  the  consent  of  the 
quarterly  conference."  Ajjjjroved  Aijril  15,  1874. 

Ch.      178.  ^^  "^^"^  "^O   INCORPORATE   THE   BASS   RIVER  SAVINGS   BANK. 

Be  it  enacted,  &c.,  as  follows: 

Corporators.  SECTION  1.     DavId  K.  Aklu,  RusscU  D.  FarHs,  David 

Kelley,  Hiram  Loring,  their  associates  and  succcssoi  s,  are 
made  a  corporation  by  the  name  of  the  Bass  River  Savings 

duties?*"*^       Bank,  to  be  located  in  South  Yarmouth,  with  the  powers 

and  privileges,  and   subject  to  the  duties,  restrictions  and 

liabilities  set  forth  in  the  general  laws  which  now  are,  or 

hereafter  may  be  in  force  relating  to  such  corporations. 

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

Approved  Ajiril  15,  1874. 

Ch.    179.  An  Act  to  establish  the  boston  water  board. 

Be  it  enacted,  &c.,  as  folloios : 
BoIrd°n^*be  SECTION  1.  The  city  couiicil  of  the  city  of  Bostou  may 
established  by  establish,  bv  Ordinance,  a  water  board,  to  l)e  known  as  the 
Boston  Water  Board,  consisting  of  three  able  and  discreet 
persons,  to  be  appointed  by  the  mayor,  with  the  advice 
and  consent  of  the  city  council,  and  to  receive  such  com- 
pensation as  the  city  council  may  from  time  to  time  deter- 
mine.    The  said  board  may  be  empowered  by  said  city 


city  council. 


1874.— Chapter  180.  115 

council  to  exercise  all  or  any  of  the  powers  conferred  by 
the  statutes  of  the  Commonwealth  upon  the  city  of  Boston, 
with  reference  to  supplying  said  city  with  water,  or  of  the 
Cochituate  and  Mystic  water  boards ;  and  is  also  em- 
powered to  act  as  the  agent  of  the  city  of  Boston  in  doing 
any  or  all  things  which  the  city  is  now  authorized  to  do  in 
relation  to  the  taking  of  lands,  water  rights,  and  other 
property  and  the  establishment  and  maintenance  of  works 
and  appliances  for  snpplying  the  city  of  Boston  or  other 
cities  and  towns  with  pure  water.  Said  board  may  also 
establish  and  regulate  the  price  or  rents  for  the  use  of  said 
water,  subject  to  the  provisions  of  sections  twelve  and 
thirteen  of  chapter  one  hundred  sixty-seven  of  the  acts 
of  the  year  eighteen  hundred  and  forty-six  ;  and  the  words 
"  Boston  Water  Scrip  "  in  said  sections  shall  be  construed 
to  include  the  whole  amount  of  outstanding  loans  repre- 
senting the  cost  of  the  water  works. 

Section  2.     The    Cochituate    Water    Board    and    the  Cochituate 
Mystic  Water  Board  shall  upon  the  appointment  of  the  and  Mystic 
Boston  Water  Board,  as  provided  in  the  first  section  of  aboi^hfd.^'^'^ 
this  act,  be  thereb}^  abolished  ;  and  the  said  Boston  Water 
Board  shall,  so  far  as  the  city  council  of  said  city  may  by 
ordinance  prescribe,  succeed  to  all  the  powers  and  duties 
formerly   vested    in    said    Cochituate    Water   Board    and 
Mystic  Water  Board. 

Section  3.     The  salaries  of  the  members  of  the  Boston  salaries  not  to 
Water  Board  shall  not  be  diminished  during  the  terms  for  i^iV'termfof """ 
which  they  are  respectively  appointed.  °*"^" 

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

Ajjproved  April  21,  187-4. 

An  Act  to  ai,ter  the  judicial  districts  of  the  district  court  /~it      -i  qq 
ok  eastern  hampden  and  of  the  police  court  of  springfield.  -lou. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  town  of  Wilbraham  is  taken  from  the  wiibraham 
judicial  district  now  under  the  jurisdiction  of  the  district  d1stn'cfofE*a8t 
court  of  Eastern  Hampden.  em  Hampden. 

Section  2.     The  judicial  district  now  under  the  juris-  Jurisdiction  of 
diction  of  the  police  court  of  Springfield  is  enlarged  by  in-  pK^court 
eluding  within  the  jurisdiction  of  the  said  police  court  the  «"''*''«®^- 
towns  of  Wilbraham,   Agawam,  Longmeadow  and  West 
Springfield. 

Section  3.     Nothing  herein  contained  shall  affect  any  Proceedings 
proceeding  now  pending  or  duly  commenced,  when  this  braffeft^d.*  *° 


116  1874.— Chapters  181,  182,  183. 

act  shall  take  effect,  before  any  justice  or  court  heretofore 
having  jurisdiction  of  the  same. 

Section  4.  From  the  iirst  day  of  April  eighteen 
hundred  and  seventy-four  the  justice  of  said  police  court 
shall  receive  an  annual  salary  of  twenty-four  hundred 
dollars,  and  the  clerk  of  said  police  court  shall  receive  an 
annual  salary  of  twelve  hundred  dollars. 

Ajjproved  April  21, 1874. 

Ch.      181.   ^^  ^^"^  CONCERNING  THE  GKAND  JURY  FOR  THE  COUNTY  OF  NORFOLK 
FOR  THE  YEAR  EIGHTEEN  HUNDRED  AND  SEVENTY-FOUR. 

Be  it  enacted,  &c.,  as  follows: 
No?fo1k"fm- 1S74      Section  1.     The  grand  jurors  empanelled  at  the  term 
to  be  deemed  to  of  the  superioT  court  held  at  Dedham  within  and  for  the 

De  duly  and  /^at/'ii  i  >  -\r         i  /»*         •!•  i 

legally  drawn,  county  ot  JNortolk,  OH  the  hrst  Monday  of  April  in  the 
year  eighteen  hundred  and  seventy-four,  shall  for  all  pur- 
poses be  deemed  and  held  to  be  the  grand  jury  of  said 
county,  duly  and  legally  drawn,  summoned,  returned  and 
empanelled,  for  each  term  of  said  superior  court,  held 
within  and  for  said  county,  throughout  the  year  and  until 
another  grand  jury  is  empanelled  in  their  stead,  notwith- 
standing any  irregularity  in  an}'^  writ  of  venire  facias,  or 
in  the  drawing,  summoning,  returning  and  empanelling  of 
said  grand  jurors. 

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

Approved  April  21,  187-4. 

Ch.    182.  An  Act  to  amend  section  five  op  chapter  sixty-six  of  the 

GENERAL  STATUTES   IN   RELATION   TO   AGRICULTURAL   SOCIETIES. 

Be  it  enacted,  &c.,  as  follows  : 
G"s"66™r5"°        Section  five  of  chapter  sixty-six  of  the  General  Statutes 
is  hereby  amended  by  striking  out  the  word  "December" 
in  the  second  line  of  said  section  and  inserting  in  place 
thereof  the  word  "  January."  Apjyroved  April  21,  1874. 

Ch.      183.   -An  -Act   CONCERNING   THE   PLYMOUTH   COUNTY    RAILROAD   COMPANY. 

Be  it  enacted,  &c.,  as  folio  ws : 

piymoutfrcoun-      SECTION  1.     The  Plymouth  County  Eailroad  Company 

may  "contract      may  coutract  witli  the  Old  Colony  Eailroad  Company  for 

r!  R-Tr^con-"^  the  coiistruction   and  operation  of  its  railroad  :   and  the 

Sra"°oVont8    Oltl  Colony  Railroad  Company  may  subscribe  for  and  hold 

road.  stock  iu  Said  Plymouth  County  Railroad  Company  to  an 

amount   not  exceeding  one  hundred  and   fifty   thousand 

dollars,  and  may  vote  at  all  meetings  of  said  Plymouth 

County  Railroad  Company  upon  the  full  num]:»er  of  shares 

Proviso.  owned   by  it :    jprovided,    that   such    coutract   and    such 


1874.— Chapter  184.  117 

subscription  shall  be  approved  by  a  majority  in  interest  of 
all  the  stockholders  of  each  corporation  present  and 
voting  at  meetings  duly  called  for  the  purpose. 

Section  2.  The  Plymouth  County  Railroad  Company,  May  issue  bonds 
whenever  the  whole  of  its  capital  stock  shall  have  been  $200^000!  '"^ 
subscribed  for  by  responsible  parties  and  twenty  per 
centum  of  the  par  value  thereof  shall  have  been  paid  in  in 
cash,  may  issue  bonds  to  an  amount  not  exceeding  two 
hundred  thousand  dollars  for  the  completion  and  equip- 
ment of  its  railroad  and  may  secure  said  bonds  by  a 
mortgage  of  its  railroad,  property,  franchise  and  rights, 
subject  to  the  provisions  of  sections  one  hundred  twenty- 
two  and  one  hundred  twenty-three  of  chapter  sixty-three 
of  the  General  Statutes. 

Section  3.  The  time  for  the  location  and  construction 
of  the  railroad  of  the  Plymouth  County  Railroad  Com- 
pany is  hereby  extended  two  years  from  the  passage  of 
this  act. 

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

Approved  April  21,  1874. 

An  Act  in  relation  to  the  rights  of  husband  and  wife.       rir      1ft4 
Be  it  enacted,  &c.,  as  follows : 

Section  1 .     A  married  woman  may  convey  her  shares  Married  women 

.  ,  .  T     1  T  u  1  i.         may  lease  and 

in  corporations,  and  lease  and  convey  her  real  property,  convey  property 

and  make  contracts  oral  and  written,  sealed  and  unsealed,  frLcu."'^^ ''°°" 

in  the  same  manner  as  if  she  were  sole,  and  all  work  and 

labor  performed  by  her  for  others  than  her  husband  and 

children  shall,  unless  there  is  an  express  agreement  on  her 

part  to  the  contrary,  be  presumed  to  be  on  her  separate 

account ;  but  her  separate  conveyance  of  real  estate  shall 

be  subject  to  her  husband's  contingent  interest   therein, 

and  nothing  in  this  act  shall  authorize  a  married  woman  to 

convey  property  to,  or  make  contracts  with,  her  husband. 

Section  2.     When  a  deed  of  land  is  made  to  a  married  ^??  deed  of 

.  land  IS  made  to 

woman  and  at  the  same  time  she  mortgages  the  same  to  married  woman, 
the  grantor  to  secure  the  payment  of  the  whole  or  any  ga^es  it  to 
part  of  the  purchase  money,  or  to  a  third  party  to  obtain  imsb-fndnot'to 
the  whole  or  any  part  of  such  purchase  money,  the  seisin  bjnhe "urTes^y** 
of  such  married  woman  shall  not  give  her  husband  any  as  against 

.  ~  J    mortgagee. 

estate  by  the  curtesy  as  against  such  mortgagee. 

Section  3.     A  married  woman  may  sue  and  be  sued  in  May  sue  and 
the  same  manner  and  to  the  same  extent  as  if  she  were  ^®  ^^^'^' 
sole,  but  nothing  herein  contained  shall    authorize  suits 
between  husband  and  wife. 


118  1874.— Chapter  185. 

Maybeexecu-        Section  4.     A  married  woman  may  be  an  executrix, 
or  trustee.         administratrix,  guardian  or  trustee  and  bind  herself  and 
the  estate  she  represents  without  her  husband  joining  in 
any  conveyance  or  instrument  whatever,  and  be  bound  in 
the  same  manner  and  with  the  same  eflfect  in  all  respects 
as  if  she  were  sole. 
Repeal  of  1869,        SECTION  5.     The  first  scctiou  of  chapter  four  hundred 
'    '  and  nine  of  the  acts  of  the  year  eighteen  hundred  and 

sixty-nine,  and  chapter  one  hundred  and  sixty-five  of  the 
acts   of  the  year  eighteen  hundred    and    sixty-three    are 
hereby  repealed. 
Not  to  impair         Section  6.     Nothing    in    this    act    shall    impair    the 
nup'^tia^  setue-     Validity  of  auy  ante-nuptial  or  post-nuptial  settlement. 
"  '  ■  Approved  April  24,  1874. 

Ch.      185.   "^^   ^^"^  ^^    KEGULATE    THE     SHELL-FISHERIES    IN    THE    WATERS   OF 
MOUNT   HOPE   BAY   AND   ITS   TRIBUTARIES. 

Be  it  enacted,  &c.,  as  follows  : 
Licenses  may         Section  1.     The  sclcctmcn  of  tlic  towus  of  Swansca 
riparian  owners  aiid  Somcrsct,  aiid  tlic  iiiayor  and  aldermen  of  the  city  of 
she^iifishf"    '^  Fall  River  may  by  a  writing  under  their  hands  grant  a 
license  for  such  a  term  of  years  not  exceeding  five  as  they 
in  their  discretion  deem  necessary  and  the  public  good 
requires,  to  any  inhabitant  or  riparian  owner  in  said  towns 
or  city,  to  plant,  cultivate  and  dig  clams,  quahaugs  and 
scollops,  and  other  shell-fish  upon  and  in  any  flats,  shores, 
creeks  and  waters  in  their  respective  towns  and  city,  not 
however  impairing  the  private  rights  of  any  person. 
fo  be  dMcHber      Section  2.     Such  Hceuse  shall  describe  by  metes  and 
by  metes  and     bouuds,  the  flats,  shorcs,  creeks  or  waters  so  appropriated, 
and  shall  be  recorded  by  the  town  or  city  clerk,  before  it 
shall  have  any  force,  and  the  person  or  persons  licensed 
shall  pay  to  the  town  or  city  two  dollars  and  to  the  clerk 
fifty  cents. 
Persons  licensed      SECTION  3.     The  pcrsou  or  pcrsous  SO  liccused  and  his 
Bive  use  of  flats,  or  their  heirs  and  assigns  shall  for  the  purpose  aforesaid 
have  the  exclusive  use  of  the  flats,   shores,   creeks  and 
waters  described  in  the  license  during  the  time  specified 
therein,  but  such  license  shall  not  give  tiny  authority  to 
remove  or  disturb  any  sedge  or  thatch  bordering  on  said 
shore  or  flats,  and  may  in  an  action  of  tort  recover  treble 
damages  of  any  person  Avho  without  his  or  their  consent 
digs  or  takes  clams,  quahaugs  or  scollops,  or  other  shell- 
fish, from  such  flats,  shores,  creeks  or  waters  during  the 
continuance  of  the  license. 


1874.— Chapters  186, 187.  119 

Sectiox  4.     The  towns  of  Swansea  and  Somerset  and  By-iawa  may  be 

.  _^.  made  for  pro- 

the  mayor  and  aldermen  of  the  city  of  I'all  liiver  at  any  tecuonofsheu- 
legal  meeting  called  for  the  purpose,  may  make  such  by- 
laws as  they  may  from  time  to  time  deem  expedient  to 
protect  and  preserve  all  shell-fisheries  within  said  towns 
and  city :  provided^  always^  that  no  by-laws  made  as 
above  shall  infringe  upon  the  laws  of  the  Commonwealth. 

Section  5.  Whoever  takes  any  shell-fish  from  within  Penalty  for  tak- 
the  waters  of  said  towns  of  Swansea  and  Somerset  and  the  cont^raVto  law. 
city  of  Fall  River  in  violation  of  the  by-laws  established 
by  said  towns  or  city,  or  of  the  provisions  of  this  act, 
shall  for  every  offence  pay  a  fine  of  not  less  than  five  or 
more  than  ten  dollars,  and  costs  of  prosecution,  and  one 
dollar  for  every  bushel  of  shell-fish  so  taken.  Said  fine 
and  forfeiture  imposed  under  this  act  to  be  recovered  by 
indictment  or  by  complaint  before  a  trial  justice  in  the 
county  of  Bristol.  Approved  April  24, 1874. 

An  Act  fob  the  protection  of  trout,  land-locked  salmon  (Jj^^    186. 

AND   lake   trout. 

Be  it  enacted,  &c.,  as  foUoivs  : 

Section  1.  Whoever  takes  or  catches  any  trout,  land-  Penalty  for 
locked  salmon  or  lake  trout,  within  the  limits  of  this  between  August 
Commonwealth,  or  buys,  sells  or  has  in  possession  the 
same  taken  within  said  limits  between  the  twentieth  day 
of  August  and  the  twentieth  day  of  March  in  each  year, 
or  takes  or  catches  any  trout,  land-locked  salmon  or  lake 
trout  with  any  net  or  salmon-pot,  at  any  season  of  the 
year,  shall  forfeit  for  each  fish  so  caught  a  sum  not  less 
than  five  nor  more  than  twenty  dollars. 

Section  2.     The   twenty-eighth  section  of  the   three  Repeal  of  iseg, 

•  384    $  28 

hundred  and  eighty-fourth  chapter  of  the  acts  of  eighteen 
hundred  and  sixty-nine  is  repealed. 

Approved  April  24,  1874. 

An  Act  in  relation  to  the  defective  service  of  writs  and  qj.      -j^g'7 

other  civil  processes. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     Whenever  it  appears  that  the  service  of  if  service  of 

-,  .        T     /.      .  •  •  /r»    •       i    Ai        process  18  defec- 

any  writ,  process  or  order  is  detective  or  insutncient  the  the,  court  may 
court  or  tribunal  to  which  the  same  is  returnable  may,  writs  oTorders 
upon  the  motion  of  the  plaintiff  or  petitioner,  issue  further  lo  be  served, 
writs,  processes  and  orders  to  be  served  in  such  manner 
as  may  be  therein  directed,  and  upon  due  service  thereof 
the  court  or  tribunal  shall  thereby  acquire  the  same  juris- 


120 


1874.— Chapter  188. 


diction  of  the  subject  matter  and  parties  as  it  would  have 
obtained  if  such  service  had  been  made  in  pursuance  and 
by  virtue  of  the  original  writ,  process  or  order. 

The  action,  suit  or  proceeding  shall  be  continued  from 
term  to  term,  or  time  to  time  until  such  service  shall  be 
had. 

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

Approved  Ajml  24,  1874. 


Ch.   188. 


Lands  of  a 
debtor  fraudu- 
lently conveyed 
by  him,  &c., 
may  be  sold  on 
execution  like 
the  right  to  re- 
deem mortgaged 
lands. 


All  laws  relat- 
ing to  sale  of 
rii^hts  to  re- 
deem, &c.,  to 
apply. 


Lands  and 
rights  sold  may 
be  redeemed 
within  one  year. 


Suits  for  recov- 
ery of  possession 
to  be  brought 
within  one  year 
after  return  day 
of  execution. 


An  Act  relating  to  sales  of  land  on  execution. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  When  any  of  the  lands  of  a  debtor  in  pos- 
session, remainder,  or  reversion,  or  his  rights  of  entry  into 
lands,  or  any  of  his  lands  and  rights  above  described, 
fraudulently  conveyed  by  him  with  intent  to  defeat,  delay 
or  defraud  his  creditors  or  purchased  or  directly  or  indi- 
rectly, paid  for  by  him,  the  record  title  to  which  is 
retained  in  the  vendor,  or  is  conveyed  to  a  third  person 
with  intent  to  defeat,  delay  or  defraud  the  creditors  of  the 
debtor  or  on  a  trust  for  him  express  or  implied  whereby 
he  is  entitled  to  a  present  conveyance,  shall  be  taken  to 
satisfy  an  execution,  the  same  may,  if  the  creditor  prefers 
it,  be  sold  on  the  execution  in  like  manner  as  the  right  to 
redeem  mortorao-ed  lands  is  now  sold ;  the  officer  who 
serves  the  execution  shall  proceed  in  all  respects  inthe 
manner  prescribed  for  the  sale  of  such  right  of  redemp- 
tion. 

Section  2.  All  the  provisions  of  law  relating  to  the 
sale  of  riofhts  of  redeemino:  morto-a^red  lands  on  execution 
shall  be  applied,  so  far  as  they  may  be  applicable,  to  sales 
made  under  the  first  section  of  this  act. 

Section  3.  All  lands  and  rights  sold  by  force  of  the 
first  section  of  this  act  may  be  redeemed  within  one  year, 
in  like  manner  and  upon  the  same  terms  as  are  prescribed 
in  the  case  of  a  sale  on  execution  of  the  right  of  redeem- 
ino:  mortoaged  lands. 

Section  4.  AVhen  by  force  of  this  act  a  sale  is  made 
of  lands  or  rights,  the  record  title  to  which  fraudulently 
stands  in  the  name  of  a  person  other  than  the  debtor,  in 
either  manner  mentioned  in  section  one  of  chapter  one  hun- 
dred and  three  of  the  General  Statutes,  and  such  other 
person  is  in  possession  claiming  title  thereto,  the  sale  of 
such  lands  or  rights  and  all  proceedings  relating  thereto 
shall  be  void  unless  the  purchaser  of  such  lands  or  rights 


1874.— Chapters  189,  190.  121 

commences  bis  suit  to  recover  possession  thereof  within 
one  year  after  the  return  day  of  the  execution. 

Sectiox  5.     Section  forty-eight  of  the  one  hundred  and  g!°I.M)T§48? 
third  chapter  of  the  General  Statutes  is  hereby  amended 
by  inserting  after  the  word  "return"  in  the  seventh  line 
of  said  section  the  word  "day."         Approved  April  2i,  1874. 

An  Act  ix  addition  to  ax  act  to  establish  the  city  of  somer-  (Jj^^    189. 

VILLE. 

Be  it  enacted,  <fcc.,  as  follows : 

Sectiox  1.  The  city  coimcil  of  the  city  of  Somerville  Fire  department 
may  establish  a  fire  department  for  said  city,  to  consist  of  nllfedin  somer. 
a  chief  engineer,  and  of  as  many  assistant  engineers,  '^'"®" 
enginemen,  hosemen,  hook-and-ladder  men,  and  assistants, 
as  the  city  council,  by  ordinance,  shall  from  time  to  time 
prescribe  ;  and  said  council  shall  have  authority  to  fix  the 
time  of  their  appointment  and  the  term  of  their  service,  to 
define  their  oflice  and  duties,  and  in  general  to  make  such 
regulations  concerning  the  pay,  conduct  and  government 
of  such  department,  the  management  of  fires,  and  the 
conduct  of  persons  attending  fires,  as  they  may  deem  ex- 
pedient, and  may  afiix  such  penalties  for  any  violation  of 
such  regulations,  or  any  of  them,  as  are  provided  for  the 
breach  of  the  ordinances  of  said  city.  The  appointment 
of  all  oflicers  and  members  of  such  department  shall  be 
vested  in  the  mayor  and  aldermen  of  said  city  exclusively 
who  shall  also  have  authority  to  remove  fi'om  ofiice  any 
officer  or  member,  for  cause,  in  their  discretion. 

The  engineers  so  appointed  shall  be  fire-wards  of  the 
city,  but  the  mayor  and  aldermen  may  appoint  additional 
fire-wards.  The  compensation  of  the  department  shall  be 
fixed  by  concurrent  vote  of  the  city  council. 

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

Section  3.     This  act  shall  take  effect  on  the  accejitance  subject  to 
thereof  by  the  concurrent  vote  of  the  city  council  of  said  cu/coundi.  ^ 
city.  Apjjroved  Aj^ril  24,  187-4. 

An  Act  to  authorize  cemetery  corporations  to  hold  funds  fij^      IQO 
IN  trust  for  the  care  of  lots.  ±o\j. 

Be  it  enacted,  &c.,  as  follows : 

Cemetery  corporations  may  take  and  hold  funds  npon  May  hold  funds 
trust  to  apply  the  income  thereof  to  the  improvement  or  proveLento?" 
embellishment  of  the  cemetery,  or  to  the   care,  preserva-  ^^^^'^'^y* 
tion,  or  embellishment  of  any  lot,  or  its  appurtenances. 

Approved  April  24,  1874. 
16 


122 


1874.— Chapter  191. 


Ch.   191. 


Danvers  to  be 
supplied  with 
pure  water. 


To  file  in  regis, 
try  of  deeds  a 
description  of 
the  land  taken. 


May  construct 
dams  and  reser- 


Penalty  for  wil- 
fully corrupting 
water,  or  divert- 
ing the  same. 


An  Act  to  supply  the  town  of  danvers  with  pure  water. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  town  of  Danvers  is  authorized  to  take 
and  hold  the  waters  of  Middletou  Pond  in  the  town  of 
IMiddleton,  and  Swan's  Pond  in  the  town  of  North  Read- 
ing, and  the  waters  in  said  towns  which  flow  into  the 
same,  together  with  any  water  rights  connected  therewith, 
and  may  take  and  hold  by  pnrchase  or  otherwise,  such 
land  around  the  margin  of  said  ponds,  not  exceeding  five 
rods  in  width,  as  may  be  necessary  for  the  preservation 
and  purity  of  said  waters,  and  may  also  take  and  hold 
such  lands  as  are  necessary  for  maintaining  dams,  and 
reservoirs  for  the  storage  of  said  waters,  and  for  laying 
and  maintaining  conduits,  pipes,  drains  and  other  Avorks 
for  collecting,  conducting  and  distributing  said  waters 
through  said  town  of  Danvers. 

Section  2.  Said  town  of  Danvers  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  Essex,  a  description  of  land  so  taken,  suffi- 
ciently accurate  for  identification,  and  state  the  purposes 
for  which  it  is  taken,  and  the  title  of  all  land  so  taken 
shall  vest  in  said  town.  Any  person  injured  in  his 
property  under  this  act,  and  failing  to  agree  with  said 
town  as  to  the  amount  of  damages,  may  have  the  same 
assessed  and  determined  in  the  same  manner  as  is  pro- 
vided where  land  is  taken  for  highways ;  but  no  assess- 
ment of  damages  shall  be  made  for  the  taking  of  any 
water  rights,  or  for  any  injury  thereto,  until  the  water  is 
actually  withdrawn  or  diverted  by  said  town,  under  the 
authority  of  this  act. 

Section  3.  Said  town  of  Danvers  may  construct  dams, 
reservoirs  and  aqueducts  and  maintain  the  same  by  any 
works  suitable  therefor ;  said  town  of  Danvers  may  also 
carry  its  conduits,  pipes  and  drains  over  or  under  any 
water-course,  street,  railroad,  highway  or  other  way  in 
such  a  manner  as  not  to  obstruct  the  same,  and  may  enter 
upon  and  dig  up  any  road  or  way,  in  such  a  manner  as  to 
cause  the  least  hindrance  to  the  travel  thereon ;  and  in 
general  may  do  any  other  acts  and  things  necessary,  con- 
venient or  proper  for  the  carrying  out  of  this  act. 

Section  4.  Whoever  wilfully  corrupts,  pollutes  or 
diverts  any  of  the  waters  taken  under  this  act,  or  injures 
any  dam,  reservoir,  aqueduct,  conduit,  pipe  or  other  prop- 


1874.— Chaptee  191.  123 

erty  owned  or  used  by  said  town  for  the  purposes  of  this 
act,  shall  forfeit  and  pay  to  said  town  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  iu 
an  action  of  tort ;  and  upon  conviction  of  either  of  the 
above  acts  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  not  exceeding  six 
months. 

Section  5.  For  the  purpose  of  defraying  the  cost  and  ^^^te^L^an," 
expenses  which  may  be  incurred  under  the  provisions  of  Sgoyooo''*^*"^ 
this  act,  said  town  of  Danvers,  through  its  treasurer,  shall 
have  authority  to  issue,  from  time  to  time,  notes,  scrip  or 
certificates  of  debt,  to  be  denominated  on  the  face  thereof, 
"Danvers  Water  Loan,"  to  an  amount  not  exceeding 
three  hundred  thousand  dollars,  bearing  interest  at  a  rate 
not  exceeding  seven  per  centum  per  annum,  payable  semi- 
annually; the  principal  shall  be  payable  at  periods  not 
more  than  thirty  years  from  the  issuing  of  said  notes, 
scrip  or  certificates  of  debt  respectively.  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  it  may  deem 
proper.  Said  town  is  iurther  authorized  to  make  appro- 
priations, and  assess  from  time  to  time  such  amounts  as 
may  be  necessary  to  pay  the  interest  on  said  loans  together 
with  an  amount  not  exceeding  in  any  one  year  the  sum  of 
five  thousand  dollars,  towards  payment  of  the  principal  of 
money  so  borrowed ;  except  the  year  in  which  said 
principal  shall  become  due. 

Sectiox  6.     At  any  meeting  of  the  inhabitants  of  the  water  commis- 

r-   T-w  11     1     /•         ji      i_  J.^  •        Bioners  to  be 

town  01  Danvers,  called  tor  that  purpose,  three  commis-  elected  by 
sioners  shall  be  elected  by  ballot,  one  for  the  term  of  ^''"°'" 
three  years,  one  for  the  term  of  two  years  and  one  for  the 
term  of  one  year  from  the  next  succeeding  annual  town 
meeting,  and  at  each  annual  town  meeting  thereafter  a 
commissioner  shall  be  chosen  to  serve  for  the  full  terra  of 
three  years.  All  the  authority  granted  to  the  town  of 
Danvers  by  this  act  and  not  specifically  provided  for  shall 
be  vested  in  said  commissioners,  who  shall  receive  such 
compensation  as  said  town  may  from  time  to  time  deter- 
mine. 

Section  7.     Said  water  commissioners  shall  so  establish  to  establish 
the  rents  for  the  use  of  said  water,  as  to  provide  annually,  o'f'water. 
from  the  net  income  for  the  payment  of  the  interest  on 
the  "Danvers  Water  LoaUj"  and  also  after  three  years 


124 


1874— Chapter  192. 


If  receipts  from 
water  rents  are 
insufficient  to 
pay  interest, 
&c.,  prices  may 
be  increased. 


Liability  of 
occupant  and 
tenant. 


Rights  of  Mid- 
dleton  and 
Nortli  Reading 
not  aflfected. 


Act  to  be 
accepted  within 
two  years. 


Ch.   192. 


Arlington  may 
issue  additional 
water  scrip, 


from  the  introduction  of  said  water,  for  the  further  pay- 
ment of  not  less  than  one  per  centum  of  the  principal  of 
said  loan.  The  net  surplus,  after  deducting  all  interest 
and  expenses,  shall  be  set  apart  as  a  sinking  fund  and 
applied  solely  to  the  payment  of  the  principal  of  said 
water  loans  until  the  same  are  fully  paid  and  discharged. 
Said  water  commissioners  shall  be  trustees  of  said  sinking 
fund,  and  shall  annually  or  as  often  as  said  town  may 
require  render  an  account  of  all  the  doings  in  relation 
thereto. 

Sectiox  8.  At  any  time  after  the  expiration  of  three 
years  from  the  introduction  of  said  water,  and  before  the 
reimbursements  of  the  principal  of  said  "Danvers  Water 
Loan,"  if  the  net  income  from  said  water  rents,  at  the 
rates  established  by  the  water  commissioners,  shall,  for 
any  two  successive  years  be  insufficient  to  pay  the  accruing 
interest  on  said  loan,  and  the  one  per  centum  to  the  sink- 
ing fund  as  aforesaid;  then  the  supreme  judicial  court,  or 
any  justice  thereof,  upon  the  petition  of  twentj'-tive  or 
more  legal  voters  of  said  town,  shall  appoint  three  com- 
missioners, who  upon  due  notice  to  the  parties  interested, 
may  increase  the  price  of  said  water,  so  far  as  may  be 
necessary  for  the  purposes  aforesaid,  but  no  further ;  and 
the  award  of  said  commissioners,  or  the  major  part  of 
them,  being  returned  and  accepted  by  said  court  at  the 
next  term  thereof,  shall  be  binding  and  conclusive  for  not 
less  than  three  years  next  after  said  acceptance. 

Section  9.  The  occupant  of  any  tenement  shall  be 
liable  for  the  paj'ment  of  the  rent  for  the  use  of  water  iu 
such  tenement,  and  the  owner  shall  also  be  liable  if,  on 
being  notified  of  such  use  he  does  not  object  thereto. 

Section  10.  Nothing  in  this  act  shall  affect  any  right 
of  the  town  of  Middleton  to  draw  water  from  said  Middle- 
ton  Pond,  or  the  town  of  North  Reading  to  draw  water 
from  said  Swan's  Pond. 

Section  11.  This  act  shall  take  effect  upon  its 
passage,  and  shall  become  void  unless  accepted  within 
two  years  by  the  town  of  Danvers,  at  a  legal  meeting 
called  for  that  purpose.  Approved  April  24,  1874. 

An  Act  to  authorize  the  town  of  arlixgton  to  issue  addi- 
tional WATER  SCRIP,  AND  TO  LIMIT  THE   AMOUNT  THEREOF. 

Be  it  enacted,  &c.,  as  folloios : 

Section  1.     The  town  of  Arlington,  for  the  purposes 

mentioned  in  the  eighth  section  of  chapter  two  hundred 


1874.— Chaptees  193, 194.  125 

and  fortj-two  of  the  acts  of  the  year  eighteen  hundred  ^"J^ooof^'^'"^ 
and  seventy-three,  may  issue  notes,  scrip  or  certificates 
of  debt,  to  be  denominated  on  the  face  thereof,  "Arling- 
ton Water  Scrip,"  to  an  amount  not  exceeding  fifty 
thousand  dolhxrs,  in  addition  to  the  amount  therein 
authorized,  to  be  issued  upon  like  terms  and  conditions 
and  with  like  powers  in  all  respects,  as  are  provided  in 
said  act  for  the  issue  of  "Arlington  Water  Scrip"  by  said 
town :  provided,  that  the  Avhole  amount  of  such  water 
scrip  or  bonds,  issued  by  said  town  under  the  authority 
given  by  this  act  and  by  all  other  acts,  shall  not,  in  any 
event,  exceed  the  amount  of  two  hundred  thousand 
dollars. 

Sectiox  2.     All  acts  or  parts  of  acts  inconsistent  with  Repeal. 
this  act  are  declared  to  be  inapplicable  to  the  town  of 
Arlington. 

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

Approved  April  24,  1874. 

An  Act  to  authorize  the  city  of  Cambridge  to  construct  (JJi^    193. 

AND  maintain   TIDE-GATES   ACROSS   ALEWIFE   BROOK. 

Be  it  enacted,  &c.,  as  follows: 

Sectiox  1.     The  city  of  Cambridge  may  construct  and  Cambridge  may 

11.  .  .  ",  t  1         • /•       T-»  1  maintain  self- 

maintam  self-actmg  tide-gates,  across  Alewife  Brook,  at  acting  tide-gates 

B-,  •        xi  •.  I'    o  -n  -7     7     across  Alewife 

roadway,  in  the  city  oi  SomerviUe  :  provided,  Brook. 

however,  that  in  erecting  such  tide-gates,  such  provision  Proviso. 

for  the  passage  of  fish  shall  be  made,  as  shall  be  satisfactory 

to  the  commissioners  on  inland  fisheries. 

Section  2.     This  act  shall  not  be  construed  to  authorize  sewage  not  to 
the  discharge  of  sewage  into  said  brook.  imobrookr 

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

Approved  April  24,  1874. 

An  Act  to  amend  chapter  one  hundred  and  six  of  the  acts  /^7,      i  g^ 
OF  eighteen  hundred  and  sixty-seven  concerning  sewers         ' 

AND   D1{AINS  IN   THE   CITY   OF  WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     All   assessments   heretofore   made    under  Assessments  for 
and  by  virtue  of  the  provisions  of  section  four  of  chapter  Worcester  to 
one  hundred  and  six  of  the  acts  of  eighteen  hundred  and  constitute  a  lien 

o  upon  estates. 

Sixty-seven,  shall  constitute  a  lien  upon  the  estates  therein 
described  for  three  years  after  the  making  of  such  assess- 
ments. 

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

Approved  April  24, 1874. 


126 


1874.— Chapters  195,  196. 


Cli.    195.       An  Act  to  dissolve  the  north  weymouth  fire  district. 

Be  it  enacted,  &c.,  as  follows: 
North  wey.  Sectiox  1.     The   Noi'th   Weymouth   Fire   District,    a 

mouth  fire  di8.  ^.  .        ,  .    ,      -i  •    •  r-     i  < 

trict.  Corpora,  corporatioii  Organized  pursuant  to  the  provisions  ot  chapter 
tion  dissolved.  ^^^^  huuclred  and  fifty-two  of  the  acts  of  the  year  eighteen 
luindred  and  forty-four,  is  dissolved ;  subject  to  the  pro- 
visions of  sections  thirty-six  and  thirty-seven  of  chapter 
sixty-eight  of  the  General  Statutes,  and  nothing  herein 
contained  shall  take  away  or  impair  the  rights  or  remedies 
of  any  creditors  of  said  corporatioii  which  may  exist 
consistently  with  said  sections. 

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

Approved  April  24,  1874. 


Ch. 


Boston  may 
remove  obstruc- 
tions in  Stony 
Brook. 


May  take  land 
on  either  side  of 
channel. 


To  file  in  regis- 
try of  deeds  .a 
description  of 
land  taken. 


Damages  to  be 
awarded  by 
board  of 
aldermen. 


•jorj    An  Act  to  authorize  the  city  of  boston  to  improve   stony 

BROOK   AND   ITS   TRIBUTARIES. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  city  of  Boston,  for  the  purpose  of 
surface  drainage,  may  remove  obstructions  in  or  over 
Stony  Brook  and  the  tributaries  thereof,  so  far  as  the  said 
brook  and  tributaries  liow  within  the  limits  of  said  city ; 
may  divert  the  water,  and  alter  the  course  and  deepen 
the  channel  thereof;  and  the  more  effectually  to  make 
said  improvements,  may  take  or  purchase  land,  not 
exceeding  four  rods  in  width,  on  either  side  of  the  present 
channel  of  said  brook  and  of  its  tributaries,  or  of  any 
channel  into  which  said  waters  may  be  diverted  within 
the  limits  of  said  city.  Said  city  shall,  within  sixty  days 
from  the  time  they  shall  take  any  of  said  lands,  tile  in  the 
otiice  of  the  registry  of  deeds  for  the  county  of  Suffolk  a 
description  of  the  land  so  taken,  as  certain  as  is  required 
in  a  common  conveyance  of  land,  and  a  statement  that  the 
same  are  taken  in  pursuance  of  the  provisions  of  this  act ; 
which  statement  shall  be  signed  by  the  mayor  of  said 
city  ;  and  the  title  to  all  land  so  taken  shall  vest  in  said 
city. 

Section  2.  Any  person  injured  in  his  property  by 
any  of  the  acts  done  by  said  city,  under  the  first  section  of 
this  act,  shall,  upon  application  to  the  board  of  aldermen 
of  said  city,  have  compensation  therefor,  the  amount 
thereof  to  bo  determined  by  said  board  of  aldermen. 
And  said  board  of  aldermen  shall  finally  adjudicate  upon 
the  question  of  damages,  within  thirty  days  after  the 
filing  of  said  application,  unless  the  parties  agree  in  writ- 


1874.— Chapter  196.  127 

ing  to  extend  the  time.     In  case  damages  arc  awarded, 
payment  shall  be  made  forthwith  by  said  city. 

Section  3.     If  the  applicant  is  aggrieved,    either   by  if  applicant  for 

.1  i-  j_  c    ^   '         -\  1        ""  /•         1  ^       L   damages  is 

the  estimate  ot  his  damages,  or  by  a  reiusal  or  neglect  aggrieved,  he 
within  thirty  da3's  to  estimate  the  same,  he  may,  within  P]^y -''PP'y  ^o' •'» 
three  months  from  the  expiration  of  said  thirty  days,  or 
of  the  extended  time  as  provided  in  the  second  section, 
apply  for  a  jury  and  have  his  damages  assessed  in  the 
manner  provided  when  land  is  taken  in  hiying  out  high- 
ways. If  the  damages  are  increased  by  the  jury,  the 
damages  and  costs  shall  be  paid  by  the  city,  otherwise  the 
costs  arising  on  such  application  shall  be  paid  by  the 
applicant. 

Section  4.     All  the  expenses  of  improving  said  brook  pJldbl^city.^^ 
and  its  tributaries,  authorized  by  this  act  including  all 
damages  paid  under  the  preceding  sections,  shall  be  paid 
by  said  city.     But  the  board  of  aldermen  of  said  city  may  Estates  may  be 
assess  upon  the  estates  bordering  upon  said  brook,  as  the  bettermem^s^ 
same  now  is  or  shall  be  after  said  improvement,  and  its 
tributaries,  the  expenses  incurred  by  them,  in  proportion 
to  the  benefit  which  they  may  adjudge  said  estates  to  have 
received  by  said  improvements. 

Section  5.     All   assessments  made  under   the   fourth  Assessments  to 

„,.  Ill  ■  !•  1  1  constitute  alien 

section  ot  this  act  shall  constitute  a  hen  on  the  real  estate  on  the  real 
assessed  for  one  year  after  they  are  laid,  and  may, 
together  with  all  incidental  costs  and  expenses,  be  levied 
by  sale  thereof  (except  as  provided  in  the  sixth  section  of 
this  act) ,  if  the  assessment  is  not  paid  within  three  months 
after  a  written  demand  of  payment,  made  either  upon  the 
person  assessed,  or  upon  any  person  then  occupying  the 
estate,  or  posted  upon  the  premises ;  such  sale  to  be  con- 
ducted in  like  manner  as  sales  for  the  non-payment  of 
taxes. 

Section  6.     If  the  owner  of  any  estate,   assessed  as  Assessments 
provided  in  the  fifth  section,  desires  to  have  the  amount  tToYedlf'owner 
of  said  assessment  apportioned,  he  shall  give  notice  thereof  '^*^*"'<^*- 
in  writing  to  the  board  of  aldermen,  at  any  time  before  or 
within  twenty  days  after  a  demand  is  made  upon  him  for 
the  payment  thereof;    and  said  board  of  aldermen  shall 
thereupon    apportion    the    said   amount   into    three  equal 
parts,    which    apportionment    shall    be    certified    to    the 
assessors,  and  the  assessors  shall  add  one  of  said  equal 
parts  to  the  annual  tax  of  said  estate  each  year  for  the 
three  years  next  ensuing. 


128  1874.~Chaptees  197, 198. 

Person  ag.  Section  7.     Any  pei'soii  aggrieved  by  the  assessment 

peutilnfoTa      made  under  the  fourth  section  of  this  act,  may,  within 
'"''^'  three  months  after  a  written  demand  for  payment,  as  pro- 

vided in  the  fifth  section  of  this  act,  petition  for  a  jury  in 
the  same  manner  as  appeals  are  made  when  hind  is  taken 
in  laying  out  highways.  If  the  assessment  is  not  con- 
firmed by  the  jury,  the  costs  of  the  application  shall  be 
paid  by  the  city,  otherwise  the  same  shall  be  paid  by  the 
applicant. 
Brook  in  the  Sectiox  8.     When   the   improvements   authorized   by 

control  of  the ^"^  thls  act  shall  havc  been  completed,   that  part  of  Stony 
"'^'  Brook  and  its  tributaries  flowing  within  said  city  shall  be 

and  remain  under  the  control  of  said  city. 

strcama  flowing      Section  9.     Tliis  act  sliall  uot  bc  coustrucd  to  authorize 

to  be  restrained,  the  Said  city  to  restrain  or  dam  up  any  of  the  streams  now 

flowing  into  Stony  Brook  or  into  the  tributaries  thereof. 

Boston  Belting    Neither  shall  it  authoHze  any  interference  with  the  estate 

owned  by  the  Boston  Belting  Company  or  its  rights  in  said 

brook  as  to  the  use  and  purity  of  its  waters. 

Section  10.     This  act  shall  take  effect  upon  its  passage. 

Aj)proved  April  24,  1874. 

Oh.      197.   ^^   ^^^  "^^  AUTHOUIZE   THE  BRISTOL    COUNTY   AGKICULTUKAL   SOCI- 
ETY  TO   HOLD   ADDITIONAL  REAL   ESTATE. 

Be  it  enacted,  &c.,  as  follows  : 
Real  estate  not        SECTION  1.     The  BHstol  Couuty  Agricultural  Society 
$100,000.  may  hold  by  gift,  grant,  devise  or  otherwise,  real  estate  to 

an  amount  not  exceeding  one  hundred  thousand  dollars. 
Section  2.     This  act  shall  take  eflfect  upon  its  passage. 

Apj)roved  April  24,  1874. 

Ch.      198.   ■^'^  ^^^  ^^  ADDITION   TO   AND   AMENDATORY  OF   THE   SEVERAL  ACTS 
RELATING   TO   THE   TURNER'S   FALLS   COMPANY. 

Be  it  enacted,  &c.,  asfollotus  : 

May  sell  or  Section  1.     Tlic  Tumcr's  Falls  Company  may,  by  bv- 

or  water  power,  hiw    adoptcd  at  auy   legal  meeting  duly  called   for  that 

purpose,  confer  upon  such  number  of  its  directors  or  such 

of  its  ofiicers  as  in  such  by-law  shall  be  designated,  power 

and  authority  to  lease  for  any  term  of  time,  or  sell  and 

convey  any  of   its  real   estate    or   water-power,  and  all 

leases,  sales  and  conveyances  made  by  such  directors  or 

ofiicers  shall  have  the  same  force  and  eflfect  as  if  specially 

authorized  by  vote  of  the  stockholders  of  said  company. 

conrip.any may         Section  2.     Said  companv  may  by  vote  of  its  stock- 

deeds  or  leases    holdcrs  at  a  meeting  thereof  duly  called  for  the  purpose, 

area  y ma  e.     j.,^^^-^fy  j^j^j  confirm  any  dccds  or  leases  of  real  estate  or 


1874.— Chaptees  199,  200.  129 

water-power,  heretofore  made  in  the  name  of  said  com- 
pany as  grantor  or  lessor  and  all  such  deeds  and  leases  so 
ratified  and  confirmed  shall  have  the  same  force  and  effect 
as  if  the  same  had  been  made  and  executed  by  due 
authority  of  said  corporation :  provided,  however,  that  Proviso. 
such  confirmation  and  ratification  or  this  act  shall  not 
impair  the  right  or  title  of  any  person  or  corporation 
claiming  under  said  company  by  force  of  or  under  any 
deed,  lease,  attachment  or  levy  made  previous  to  the 
passage  of  this  act  and  such  ratification  and  confirmation. 

Sectiox  3.     At  all  meetino-s  of  said  company  each  stock-  stockholders  to 
holder  shall  be  entitled  to  one  vote  for  every  share  in  the  for  each  share. 
capital   stock  of    said    company  held   by  him.     But  said 
company  may,  by  its  by-laws,  limit  the  number  of  votes  to 
which  any  one  stockholder  shall  be  entitled. 

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

Approved  April  24,  1874. 

An  Act  to  change  the  name  op  the  "  children's  home  and  rij.      -t  qq 

HOME   FOK  AGED   FEMALES,   IN  ROXBURY."  ^-00. 

£e  it  enacted,  &c.,  as  follows : 

Section  1.     The  name  of  the  corporation  known  as  the  Name  changed. 
"  Children's  Home  and  Home  for  Aged  Females  in  Rox- 
bury"  is  changed  to  the  "Roxbury  Home  for  Children  and 
Aged  Women." 

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

Approved  Ajjril  24,  1874. 

An  Act  to  provide  for  special  terms  op  the  superior  court  rij,      onn 

FOR   CRIMINAL  BUSINESS.  * 

Be  it  enacted,  &c.,  as  folloios : 

Section  1.     Any  justice  of  the  superior   court   may,  special  criminal 
upon    the   application    of    the    attorney-general,    hold    a  hdduponappii. 
special  term  of  said  superior  court  for  criminal  business  in  geuerah^'^"^' 
any  county  at  such  time  and  place  as  he  shall  direct  by  an 
order  in  writing  under  his  hand  addressed  to  the  sheriff  of 
such  county. 

Section  2.     The    sheriff    shall    give    notice    of    such  sheriff  to  give 
special  term  by  posting  a  copy  of  the  order  on  the  door  of  ''"'^"'''  °^  *"""' 
the  court-house,  or  by  publishing  the  same  in  such  other 
manner  as  therein  directed  ;  and  the  clerk  of  the  court  for  cierk  to  cause 
such  county  shall  cause  the  grand  jury  to  be  summoned  fummoned.*°  ^'^ 
together  or  issue  venires  for  grand  jurors  as  the  case  may 
require  ;  but  he  shall  not  issue  venires  for  jurors  for  trials 
unless  so  directed  by  the  justice  issuing  the  order  for  such 
term   and   he   and   all    other   officers  shall  do  all  thinsfs 

17 


130 


1874.— Chapters  201,  202. 


necessary  or  proper  in  relation  to  such  special  term  as  in 
relation  to  a  stated  term. 
Court  to  have         SECTION  3.     The  court  at  such  special  term  shall  have 

same  powers  as,  -xi  j_j_xii 

at  a  stated  term,  aucl  excrcisc  the  samc  powers  as  at  a  stated  term:  2^^'^- 
Proviso.  vided,  however,  that  no  defendant  in  a  criminal  prosecu- 

tion shall  be  required  to  attend  at  such  special  term,  miless 
such  defendant  shall  have  been  indicted  at  the  same  term. 
Section  4.     This  act  shall  take  effect  upon  its  passage. 

Approved  Ap)ril  28,  1874. 

Cll.      201.  -^^   ^^'^   CONCERNING  THE   POLICE   COUKT   IN   CHELSEA. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  judicial  district  now  under  the  juris- 
diction of  the  police  court  of  the  city  of  Chelsea,  is  en- 
larged by  including  within  the  jurisdiction  of  said  court, 
the  town  of  Revere. 

Section  2.  The  justice  of  said  police  court  shall 
receive  an  annual  salary  of  eighteen  hundred  dollars  from 
the  first  day  of  April  one  thousand  eight  hundred  and 
seventy-four. 

Section  3.  The  governor,  with  the  advice  and  consent 
of  the  council,  shall  nominate  and  appoint  a  clerk  of  the 
police  court  of  said  city  of  Chelsea,  w'lo  shall  hold  his 
office  until  the  next  regular  election  of  clerks  of  muni- 
cipal, district,  and  police  courts  of  the  Commonwealth, 
unless  sooner  removed  by  the  governor  and  council. 

Section  4.  Said  clerk  shall  perform  all  the  duties  now 
prescribed  by  the  General  Statutes  for  clerks  of  police 
courts  ;  and  all  the  provisions  of  law  now  applicable  to 
clerks  of  police  courts  shall  apply  to  said  clerk  who  shall 
give  bonds  in  the  sum  of  four  thousand  dollars  for  the 
faithful  performance  of  the  duties  of  his  office. 

Section  5.  Said  clerk  shall  receive  an  annual  salary  of 
one  thousand  dollars,  to  be  paid  from  the  treasury  of  the 
Commonwealth . 

Section  6.  This  act  shall  take  effect  so  far  as  the 
appointment,  commissioning,  and  qualifying  of  said  clerk 
are  concerned,  upon  its  passage,  and  it  shall  take  full 
effect  on  the  thirty-first  day  of  May  in  the  year  eighteen 
hundred  and  seventy-four.  Approved  April  28,  1874. 

Ch.      202.   ^^   ^^"^    TO     AMEND     CHAPTER     ONE     HUNDRED    AND    TWO     OF    THE 
GENERAL   STATUTES   RELATING   TO   SALES   OF  LAND   BY   GUARDIANS. 

Be  it  enacted,  &c.,  as  follows : 
Real  estate  of  an      Section  1.     No   guardiau,.   cxccpt   iu  casc  of  minors, 
to  1)8  licensed  to  shall  be  liceused  to  sell  the  real  estate  of  a  ward  without 


District  en- 
larged. 


Salary  of  justice 
$1,800. 


Governor  to 
appoint  the 
clerli. 


Clerk  to  give 
bond. 


Salary  of  clerk 
$1,000. 


When  to  take 
effect. 


1874.— Chapters  203,  204.  131 

seven  clays'  previous  notice  of  the  petition  therefor  to  the  be  sold  without 

/.      ,  ,.111  t     •  notice  to  over. 

overseers  ot  the  poor  or  the  place  where  the  ward  is  an  seers  of  poor. 
inhabitant  or  resides.     Such  notice   may  be  served  upon 
any  one   of  such  overseers.     The  provisions   of  this   act 
shall  not  apply  when  the  ward  resides  out  of  the  Common- 
wealth. 

Section  2.     Section    thirty-eight  of  chapter  one  hun-  Repeal  of  g.s. 
dred  and  two  of  the  General  Statutes  is  hereby  repealed. 

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

Approved  April  28,  1874. 

An  Act  in  addition  to  "an  act  to  establish  a  hospital  for  (Jj^^    203. 

THE    insane    in    THE    NORTH-EASTERN    PART     OF     THE     COMMON- 
WEALTH." 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     The  commissioners  appointed  under  author-  commissioners 
ity  of  chapter  two  hundred  and  thirty-nine  of  the  acts  of  ^jso.ooo  in  ad- 
eighteen  hundred    and    seventy-three,   are    authorized   to  uo^"uthTb:ed! 
expend  for  the  purpose  named,  and  under  the  conditions 
prescribed  in  the  first  section  of  said  act,  the  sum  of  two 
hundred  and   fifty  thousand  dollars  ;  the  same  to    be  in 
addition  to  the  amount  authorized  by  said  act. 

Section  2.     The   expenses   incurred   by  said  commis- Expenses  of 
sioners  under  the  provisions  of  this  act  shall  be  met  and  '^o"^'^'^^'*"*'^ 
provided   for   in   the   manner,    fflid  under  the  conditions 
prescribed  for  the  expenditure   authorized  by  the   act  of 
eighteen  hundred  and  seventy-three,  heretofore  cited. 

Ajyproved  April  28,  1874. 

An  Act  to  provide  for  the  election  of  certain  trustees  of  pi      004. 

AMHERST   college   BY   THE   GRADUATES   THEREOF.  ^ 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     The  five  trustees  of  Amherst  College  here-  Trustees  to  be 
tofore  chosen  by  the  legislature,  shall  hereafter  be  chosen  Ltes."  ^^ 
by  the  graduates  of  said  college. 

Section  2.  Whenever  a  vacancy  shall  occur  among  vacancies  in 
the  five  trustees,  the  board  of  trustees  of  said  college  shall  teTs. 
give  notice  thereof  to  the  society  of  the  alumni  of  said 
college,  which  at  its  next  annual  commencement  meetins; 
thereafter  shall  proceed  to  choose  a  trustee  to  fill  such 
vacancy,  in  such  manner  and  under  such  regulations  as 
may  be  determined  by  said  society,  and  shall  return  notice 
of  such  choice  under  the  attestation  of  the  secretary  thereof 
to  the  board  of  trustees,  whereupon  said  trustees  shall 
declare  such  person  so  chosen  a  member  of  said  board, 
and  enter  the  same  upon  their  records  :  provided,  however. 


132 


1874.— Chapter  205. 


Qualifications 
and  tenure  of 
oiBce. 


Repeal. 


Subject  to  ac- 
ceptance by  the 
alumni. 


Repeal. 


that  said  society  shall  be  open  to  all  the  graduates  of  said 
college  ;  and  provided,  farther,  that  no  member  thereof 
who  is  not  also  a  graduate  of  said  college,  except  members 
of  the  faculty  of  said  college  who  have  become  members 
of  said  society  of  the  alumni,  shall  be  entitled  to  vote 
under  the  provisions  of  this  act,  nor  shall  any  graduate 
be  entitled  to  vote  prior  to  the  fourth  annual  commence- 
ment after  his  graduation. 

Sectiox  3.  The  qualifications,  tenure  and  forfeitures 
of  office  for  the  said  five  trustees  of  said  college,  may  be 
fixed  by  such  rules  as  may  l)e  adopted  by  the  board  of 
trustees,  in  concurrence  with  the  society  aforesaid,  and 
such  rules,  when  once  adopted  shall  not  be  changed  except 
by  a  two-thirds  vote  of  said  board  and  of  said  society  at 
annual  meetings  thereof. 

Section  4.  All  acts  and  parts  of  acts  inconsistent 
herewith  are  hereby  repealed. 

Section  5.  This  act  shall  not  take  efiect  until  it  is 
accepted  by  the  society  of  the  alumjii,  and  the  board  of 
trustees  of  Amherst  College,  respectively,  at  meetings 
held  for  that  purpose. 

Section  6.  The  proviso  of  section  three  of  the  act  of 
Februaiy  twenty-one,  eighteen  hundred  and  twenty-five, 
entitled  "  An  Act  to  establish  a  college  in  the  town  of 
Amherst,"  is  hereby  repealed.  Approved  Ajyril  28,  1874. 


Ch.   205. 


When  a  hus- 
band has  desert- 
ed his  wife,  &c., 
the  court  may- 
prohibit  him 
from  imposing 
restraint  upon 
her  personal 
libertj'. 


Custody  and 
maintenance  of 
minor  children. 


An  Act  relating  to  the  rights  of  husbands  and  wives  and 

for  the  protection  of  minor  children. 
Be  it  enacted,  &c.,  as  follows  : 

Whenever  a  husband,  without  just  cause,  fails  to  furnish 
suitable  support  for  his  wife,  or  has  deserted  her,  although 
such  desertion  has  continued  less  than  three  years,  or  when 
the  wife,  for  justifiable  cause,  is  actually  living  apart  from  her 
husband,  the  supreme  judicial  court,  sitting  in  any  county, 
or  any  justice  of  said  court  in  vacation,  may,  by  its  order 
on  the  petition  of  the  wife,  prohibit  the  husband  from 
imposing  any  restraint  on  her  personal  liberty  for  such 
time  as  the  court  or  justice  shall,  in  such  order,  direct,  or 
until  the  further  order  of  the  court  thereon ;  and  the 
court  or  justice  may,  upon  the  application  of  the  husband 
or  wife,  make  such  further  order  as  it  deems  expedient, 
concerning  the  support  of  the  wife,  the  care,  custody  and 
maintenance  of  the  minor  children  of  the  parties  and  may 
determine  with  which  of  them  the  children  or  any  of  them 
shall  remain  ;  and  may,  from  time  to  time,  afterwards,  on 


f 


1874.— Chapter  206.  133 

the  capplication  of  either  of  the  parties,  revise  and  alter 
such  order,  or  make  a  new  order  or  decree,  as  the  circum- 
stances of  the  parents,  or  the  benefit  of  the  children  may 
require.  Apjjroved  April  28,  1874. 

An  Act  concerning  commercial  fertilizers.  QJ^^    206. 

Be  it  enacted,  &c.,  asfolloivs: 

Sectiox  1.  Every  commercial  fertilizer  offered  for  Commercial  fer- 
sale  within  this  CommouAvealth  shall  be  accompanied  by  an  for  sale  to  be 
analysis  stating  the  percentage  therein  of  nitrogen,  of  au^anai'i^sis!'^  ^^ 
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  phosphoric  oxide, 
not  soluble  as  above  shall  also  be  stated  in  said  analysis 
together  with  the  material  from  which  it  is  obtained :  pro- 
vided, that  no  analysis  shall  be  required  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.     Every  manufacturer,  or  importer  of  com-  Manufacturers 
mercial   fertilizers    as    specified    in    section    one,    before  Topay'tifty*^'* 
offering  the  same  for  sale  in  this  Commonwealth,  shall  g°^^^J|/°'"'* 
take  out  a  license  as  a  manufiicturer  or  importer  and  pay 
into   the    treasury   of    the    Commonwealth   fifty    dollars, 
annually,  as  a  license  fee  for  each  kind  of  fertilizer  so 
offered,  and  shall  at  the  same  time  file  with  the  secretary 
of  the  state  board  of  agriculture  a  paper  giving  the  names 
of  his  principal  agents  and  also  the  name  and  composition 
of  the  fertilizer  manufactured  or  imported  by  him. 

Section  3.     Any  person  selling,  offering  or  exposing  penalty  for  seii- 
for  sale  any  commercial    fertilizer   without   the    analysis  wuifout  anaiy. 
required  by  the  first  section  of  this  act,  or  with  an  analy-  ^'^• 
sis  stating  that  said  fertilizer  contains  a  larger  percentage 
of  any  one  or  more  of  the  constituents  mentioned  in  said 
section  than  is  contained  therein,  or  for  the  sale  of  which 
all  the  provisions  of  section  two  have  not  been  fully  com- 
plied with,  shall  forfeit  fifty  dollars  for  the  first  offence, 
and  one  hundred  dollars  for  each  subsequent  offence. 

Section  4.     The  chemist  of  the  state  board  of  agricult-  inspector  of 
ure  shall  be  ex  officio  a  member  of  said  board  and  state  an'aiyzf  speci- 


134 


1874.— Chaptek  207. 


mens  offered  for 
sale. 


Fee  of  $25  for 
eatdi  tnalysis. 


Secretary  of 
board  of  agri- 
culture  to  pros- 
ecute violations 
of  act. 


Repeal  of  1873, 
312. 


inspector  of  fertilizers.  It  shall  be  the  duty  of  said- 
inspector  to  analyze  one  or  more  specimens  of  every  kind 
of  commercial  fertilizer  coming  within  the  provisions  of 
this  act  which  may  be  oflered  for  sale  within  this  Common- 
wealth, and  of  which  he  shall  be  informed  by  the  secretary 
of  the  state  board  of  agriculture  ;  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  state  board  of  agriculture  the 
results  of  his  inspection  and  the  analysis  made  by  him, 
and  furnish  to  the  secretary  of  said  board  such  important 
information  in  regard  to  commercial  fertilizers  as  he  may 
from  time  to  time  obtain. 

Section  5.  The  fee  of  the  state  inspector  of  fertilizers 
shall  be  twenty-five  dollars  for  each  analysis  made  by  him 
or  under  his  direction,  and  travelling  expenses,  to  be  paid 
from  the  treasury  of  the  Commonwealth  on  the  certificate 
of  the  secretary  of  the  state  board  of  agriculture  :  j;?'0- 
vided,  that  no  larger  sum  shall  be  paid  for  such  services 
each  year  than  is  paid  into  the  treasury  of  the  state  for 
license  fees  as  provided  in  section  two. 

Section  6.  It  shall  be  the  duty  of  said  inspector  upon 
ascertaining  any  violation  of  this  act  to  forthwith  inform 
the  manufacturer  and  the  secretary  of  the  state  board  of 
agricnlture  in  writing  thereof.  And  it  shall  be  the  duty 
of  said  secretary  to  immediately  institute  j^roceediugs 
against  all  parties  violating  this  act. 

Section  7.  Chapter  three  hundred  and  twelve  of  the 
acts  of  the  year  eighteen  hundred  and  seventy-three  is 
repealed.  A2)proved  Ai:)ril  28, 1874. 


C^h        ^01     ^^  -^^^   ^*-*   ESTABLISH   THE   SALARIES    OF   THE    JUSTICE   AND   CLERK 
OF   THE   POLICE   COURT   OF  HAVERHILL. 

Be  it  enacted,  &c.,  as  follows  : 
Salary  of  justice      Section  1.     Thc  sahiiy  of  thc  staudiug  justice  of  the 
'    '    police  court  of  Haverhill  shall  be  at  the  rate  of  eighteen 
hundred  dollars  per  annum,  to  be  paid  from  the  first  day 
of  April  of  the  present  year. 

Section  2.  The  salary  of  the  clerk  of  the  police 
court  of  Haverhill  shall  be  at  the  rate  of  one  thousand 
dollars  per  annum,  to  be  paid  from  the  first  day  of  April 
of  the  present  year. 

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

Approved  April  28, 1874. 


Salary  of  clerk 
$1,000. 


I 


1874.— Chaptees  208,  209.  135 

An  Act  to  amend  an  act  to  supply  the  city  of  Springfield  rii      oQg 

WITH    PURE   WATER. 

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

Section  1 .     In  addition  to  the  sources  of  water  supply  springiieid  may 
named  in  section  one  of  chapter  three  hundred  and  forty-  from  seicher- 
five  of  the  acts  of  eighteen  hundred  and  seventy-two,  and  Lildiow. 
chapter  seventy-five  of  the  acts  of  eighteen  hundred  and 
seventy-three,  the  city  of  Springfield  may,  in  accordance 
with  the  provisions  of  said  acts,  take,  hold  and  convey 
from  Broad  Brook  within  the  limits  of  the  town  of  Belcher- 
town,  the  water  of  said  brook  to  any  pond  or  reservoir  of 
the  said  city  in  the  town  of  Ludlow  or  elsewhere. 

.  And  they  may  in  the  manner  aforesaid  take  or  hold  any 
lands  within  the  limits  of  the  town  of  Belchertown  afore- 
said needed  for  reservoir-dams  and  canals,  to  store  and 
convey  the  waters  from  said  brook  to  said  reservoir,  and 
in  addition  thereto,  they  may  take  so  much  laud  upon  both 
sides  of  said  brook  within  the  limits  of  said  town  of  Bel- 
chertown as  the  Board  of  Water  Commissioners  of  the  city 
of  Springfield  may  deem  expedient,  for  the  purpose  of 
preserving  the  purity  of  the  waters  of  said  brook. 

Section  2.     Said  city  shall  pay  all  damages  to  which  city  to  pay 
any  person  or  corporation  is   entitled  by  reason  of  the  taldnfTand'^or 
taking   of   any  land,   water,   or   water  rights,  under  the ''''^*^''"^^**- 
provisions    of   this    act,   the    same   to   be    estimated  and 
determined  in  the  same  manner,  and  subject  to  the  like 
limitations  as  are  provided  for  the  estimate  and  payment 
of  the  like  damages,   by  the  provisions   of  said  chapter 
seventy-five  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-three. 

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

Approved  Ajjril  28, 1874. 

An  Act  to  incorporate  the  lenox  water  company.  (7/i.    209. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  Julius  Eockwell,  William  O.  Curtis,  Lenox  to  be 
Thomas  Post,  their  associates  and  successors  are  made  a  pure  water! 
corporation  under  the  name  of  the  Lenox  Water  Company, 
for  the  purpose  of  supplying  the  town  of  Lenox  with 
pure  water,  and  for  this  purpose  may  take  and  hold  the 
waters  of  any  spring  or  springs,  or  of  any  natural  pond 
or  ponds  within  said  town  of  Lenox,  together  with  the 
tributary  streams  which  flow  into  the  same ;  may  build 
and  maintain  dams,  reservoirs,  aqueducts,  and  other  suit- 
able or  necessary  works  ;    and  may  take  and  hold  such 


136 


1874.— Chaptee  209. 


A  description  of 
the  land  taken 
to  be  filed  in  the 
registry  of 
deeds. 


Corporation 
may  distribute 
water  through- 
out Lenox. 


Real  and  per- 
sonal estate. 


Capital  stock. 


Penalty  for  wil- 
fully diverting 
water,  or  cor- 
rupting the 
same. 


Town  of  Lenox 
may  purchase 
franchise,  &c. 


land  around  the  margin  of  said  springs  and  ponds,  not 
exceeding  five  rods  in  width  as  may  be  uecessarj^  for  the 
preservation  and  purity  of  said  waters,  and  such  other 
lands  as  may  be  necessary  for  the  maintenance  of  said 
dams,  reservoirs,  aqueducts,  conduits  or  works. 

Section  2.  Said  corporation  shall  within  sixty  days 
after  the  taking  of  land  under  this  act,  file  in  the  registry 
of  deeds  of  the  middle  district  of  the  county  of  Berk- 
shire, a  description  of  any  land  so  taken  sufiicieutly 
accurate  for  identification  and  state  the  purpose  for  which 
it  is  taken,  and  the  title  of  all  land  so  taken  shall  vest  in 
said  corporation.  Any  person  injured  in  his  property  by 
any  of  the  acts  of  said  corporation,  and  failing  to  agree 
with  said  corporation  as  to  the  amount  of  damages,  may 
have  them  assessed  and  determined  in  the  manner  provided 
Avhen  land  is  taken  for  highwa3^s. 

Section  3.  Said  corporation  may  distribute  its  water 
throughout  said  town  of  Lenox,  and  may  establish  the 
rent  therefor,  and  for  this  purpose  may  carry  its  conduits, 
l^ipes  and  drains  over  or  under  any  water-course,  street, 
raih'oad,  highway  or  other  way  in  such  manner  as  not  to 
obstruct  the  same,  and  may  under  the  direction  of  the 
board  of  selectmen  enter  upon  and  dig  up  any  road  or 
way  for  the  purpose  of  laying  its  conduits  pipes  and 
drains,  in  such  a  manner  as  to  cause  the  least  hindrance 
to  travel  thereon,  and  in  general  may  do  any  other  acts 
and  things  necessary,  convenient,  or  proper  for  carrying 
out  the  purposes  of  this  act. 

Section  4.  Said  corporation  may,  for  the  purposes 
aforesaid,  liold  real  and  personal  estate  not  exceeding  in 
amount  forty  thousand  dollars,  and  the  whole  capital  stock 
shall  not  exceed  fifty  thousand  dollars,  to  be  divided  into 
shares  of  one  hundred  dollars  each. 

Section  5.  Whoever  wilfully  corrupts,  pollutes  or 
diverts  any  of  the  waters  taken  under  this  act,  or  injures 
any  dam,  reservoir,  aqueduct,  conduits,  pipes  or  hydrants 
or  other  property  owned  or  used  by  said  corporation  for 
the  purposes  of  this  act,  shall  pay  the  said  corporation 
three  times  the  amount  of  actual  damage,  to  be  recovered 
by  any  proper  action ;  and  every  such  person  on  convic- 
tion of  either  of  the  malicious  acts  aforesaid  may  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  and 
by  imprisonment  not  exceeding  six  months. 

Section  6.     The  town  of  Lenox  may  at  any  time  take 


1874.— Chaptee  210.  137 

by  purchase  or  otherwise  the  franchise  of  said  corporation, 
and  all  its  corporate  property,  at  such  price  as  may  be 
agreed  upon  between  the  parties ;  and  in  case  the  parties 
cannot  agree  upon  the  price,  the  supreme  judicial  court  or 
any  justice  thereof,  upon  application  of  either  party,  shall 
appoint  three  commissioners  to  award  what  sum  said 
town  shall  pay  for  such  franchise  and  its  corporate  prop- 
erty, which  award  shall  be  final. 

Sectiox  7.  For  the  purpose  of  defraying  the  cost  of  ?fLeuox  water 
such  franchise  and  corporate  property  as  may  be  pur-  ^°*"'P^"  g°5ooob 
chased  for  the  purposes  aforesaid,  the  town  of  Lenox  shall 
have  authority  to  issue,  from  time  to  time,  notes,  scrip  or 
certificates  of  debt,  to  be  denominated  on  the  face  thereof 
"Lenox  AVater  Scrip,"  to  an  amount  not  exceeding  fifty 
thousand  dollars,  bearing  interest,  payable  semi-annually, 
and  the  principal  shall  be  payable  at  periods,  not  more 
than  twenty  years  from  the  issuing  of  said  scrip,  notes  or 
certificates,  respectively ;  and  said  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  said  town  shall  deem  proper.  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  so  borrowed,  and  also  a  sum 
sufficient  to  pay  the  interest  thereon  in  the  same  manner 
as  money  is  assessed  aud  appropriated  for  other  town 
purposes. 

Section  8.     Li  case  the  town  of  Lenox  shall  purchase  Town  iiawe  for 
the  property,  rights    and  privileges    of   the    corporation  paw^b^'^fo^o" 
hereby  established,  said  town  shall  exercise  all  the  rights,  ^'^*'°°" 
powers  and  authority,  and  be  subject  to  all  the  restrictions, 
duties  aud  liabilities  herein  contained,  in  such  manner, 
and  by  such  officers  and  agents  as  the  town  shall  from 
time  to  time  determine.     And  said  town  shall  be  liable  to 
pay  all  damages  occasioned  under  this  act  which  shall  not 
have  been  previously  paid  by  the  said  corporation. 

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

Approved  April  28,  1874. 

An  Act  to  enable  the  first  parish,  m  berlin,  to  sell  cer-  (J]i^    210. 

TAD^  REAL  ESTATE. 

Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.     The  first  parish  in  the  town   of  Berlin,  May  seu  real 
may  sell  and  convey  all  their  right,  title  and  interest  in  ^^  ^  ^' 

18 


1874,  35,  §  18. 


138  1874.— Chapters  211,  212. 

any   land    situated    on   the    north    side  of   a  cross  road 
directly  in  rear  of  the  church  building  of  said  parish. 
Section  2.     This  act  shall  take  eflt'ect  upon  its  passage. 

Approved  April  28,  1874. 

Ch.      211.   ^    ^^^  ^'^   AMEND  THE   ACT   OF    THE    PRESENT    YEAR   ESTABLISHING 
THE  FIRST  DISTRICT  COURT  OF  SOUTHERN  MIDDLESEX. 

Be  it  enacted,  &c.,  as  follows: 
^^endmentto  SECTION  1.  Sectiou  eighteen  of  chapter  thirty-five  of 
the  acts  of  the  present  year,  entitled  "  An  Act  to  establish 
the  First  District  Court  of  Southern  Middlesex,"  is  amend- 
ed by  inserting  after  the  words  "  special  justices "  the 
words  "  and  clerk." 

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

Approved  April  30,  1874. 

Gil.      212.  ^^  ""^^^  '^^    ANNEX  A  PORTION  OF  THE  TOWN  OF  SHARON  TO  THE 

TOWN  OF  WALPOLE. 

Be  it  enacted,  &c.,  as  follows  : 
Portion  of  sha.        Sectiox  1.     So  much  of  the  town  of  Sharon  as  is  north 
waipoie.  of  the  following  described  line  is  annexed  to  the  town  of 

Walpole,  to  wit : — 

Commencing  at  the  southernmost  angle  on  the  line  be- 
tween the  towns  of  Sharon  and  Norwood  and  runninor 
south  sixty-eight  degrees  and  forty  minutes  west,  six 
hundred  and  seven  rods  and  ninety-six  one-hundredths  of 
a  rod  to  a  stone  monument  at  the  Walpole  line  on  the  old 
post-road  (so  called)  near  the  house  of  the  late  Ebeuezer 
Baker. 
Territory  an.  Section  2.     The  territory  hereby  annexed  to  the  town 

I16SGtl  to  DG  ' 

hoidentopay  of  Walpolc  and  thc  inhabitants  thereon,  shall  be  holden  to 
asslssed?^  ^  pay  all  such  taxes  as  are  already  assessed,  or  ordered  to 
be  assessed,  by  said  town  of  Sharon  for  the  present  year, 
in  the  same  manner  as  if  this  act  had  not  been  passed ; 
Settlement  of  aud  all  paupcrs  who  have  gained  a  settlement  in  said  town 
paupers.  ^£  Sharou  by  a  settlement  gained  or  derived  within  said 

territoiy,  shall  be  relieved  or  supported  by  said  town  of 
Walpole  in  the  same  manner  as  if  they  had  a  legal  settle- 
ment in  said  town  of  Walpole. 
Walpole  to  pay       Section  3.     The  towu  of  Walpole  shall  annually  pay 

one-twentieth  of  /»    oi  n  i        f  ^  i'      ^ 

state  taxes  re-     to  the  towii  ot  oliaroii  from  aud  alter  the  passage  of  this 

Sharon.  act,  oue-tweiitieth  part  of  all  the  state  and  county  taxes 

which  shall  thereafter  be  required  of  said  town  of  Sharon 

previous  to  a  new  state  valuation,  or  new  basis  for  the 

apportionment  of  state  and  county  taxes. 


tion  and  con- 
struction ex- 


1874.— Chaptees  213,  214.  139 

Section  4.     Legal  voters  residing  in  the  territory  her©-  Voters  may  vote 
by  auuexetl  to  the  town  of  Walpole,  shall  have  authority  ^^^^p"^®- 
to  vote  in  said  town  in  all  elections  and  in  all  town  meet- 
ings held  in  said  town. 

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

Ajjjjroved  May  1,  1874. 

An  Act  to  extend  the  time  for  the  location  and  construction  rij,      oi  Q 
OF  the  bridge  and  railroad  authorized  by  chapter  two 

HUNDRED  AND    NINETY-FIVE  OF   THE  ACTS  OF    EIGHTEEN    HUNDRED 
AND  SEVENTY-TWO,  AND  FOR  OTHER  PURPOSES. 

Be  it  enacted,  tfcc,  as  follows : 

Section  1.     The  time  limited  for  the  location  and  con- Time  for  loca- 
struction  of  the  bridge  and  railroads  authorized  by  chapter 
two    hundred    and   ninety-five,    of  the    acts    of  the  yeiu-  tended. 
eighteen  hundred  and  seventy-two,  and  for  the  issue  of 
new  stock  to  provide  means  therefor,  is  hereby  extended 
for  the  period  of  tAvo  3^ears  from  the  passage  of  this  act. 

Section  2.     The    Old    Colony   Railroad    Company   is  oidCoiony 
authorized  to  locate,  construct  and  maintain  tlie  section  of  «it^r  upbraid 
railroad  between  the  westerly  end  of  said  bridge  and  a  waiTen&prov- 
point  of  connection  with  the  railroad  of  the  Fall  River,  idenceR.R. 
Warren   and    Providence  Railroad   Company,   and,   after 
the   said   section  is  comi3leted,  may  enter  upon,   connect 
with  and  use,  the  railroad  of  said  last  named  company, 
according  to  the  provisions  of  law. 

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

Approved  May  1,  1874. 

An  Act  to  authorize  cities  and  towns  to  erect  and  maintain  rij,      oi  a 

PUBLIC  baths  and  WASH-HOUSES.  iii-Ltt. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     Any  city  or  town  may  raise  money  by  pubiic  baths 
taxation  and  appropriate  the  same  in  order  to  purchase  or  Sdlnd'ma'in- 
lease  suitable  lands  and  erect  any  buildincfs  suitable  for  tained  by  cities 

*^  ^  aud  towns. 

public  baths  and  wash-houses,  either  with  or  without  open 
drying  grounds,  and  may  make  open  bathing  places,  and 
convert  any  buildings  into  public  baths  and  wash-houses, 
and  may  from  time  to  time  alter,  enlarge,  repair  and  im- 
prove the  same,  aud  lit  up  and  furnish  the  same  with  all 
requisite  furniture,  fittings  aud  conveniences,  and  may 
raise  aud  appropriate  money  therefor. 

Section  2.     Any  city  or  town  may  establish  such  rates  officers  may  be 
for  the  use  of  said  baths  and  wash-houses,  and  appoint  such  reluTauons^** 
officers  as  are  deemed  proper  to  carry  the  provisions  of  ™"emen[^'*°" 
this  act  into  effect,  aud  may  make  such  by-laws  or  ordi-  ^'^t^^- 


140  1874.— Chaptee  215. 

nances  for  their  government,  as  they  from  time  to  time 
deem  necessary,  and  may  authorize  them  to  make  such 
rules  and  regulations  for  the  management  of  the  baths  and 

Proviso.  wash-houses  as  may  seem  to  them  expedient :  provided, 

that  such  bv-laws  or  ordinances,  rules  or  reo-ulations  shall 
be  subject  to  alteration  or  repeal  at  any  time. 

Subject  to  ac-  SECTION  3.     This  act  shall  not  take  efl'ect  in  any  city 

ceptance  by  •!    •     i  i  i    i  i  m       /^  i 

cities  and  towns,  or  towu,  uutil  it  has  bccu  accepted  by  the  council  of  such 
city,  by  a  two-thirds  vote,  or  by  two-thirds  of  the  legal 
voters  of  such  towu,  present  and  voting  at  any  annual 
meeting.  ' 

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

Approved  May  7,  1874. 

Ch.    215.  An  Act  to  authorize  the  city  of  holyoke  to  issue  bonds  for 

THE  PURPOSE  OF  FUNDING  ITS  DEBTS. 

Be  it  enacted,  tfcc,  as  follows : 
Kb'olidsXr  Section  1.  The  city  of  Holyoke  is  authorized  to  bor- 
funding  floating  j-qw  such  sums  of  moucy  as  may  be  necessary  for  funding 
its  present  floating  debt  and  for  paying  such  obligations  as 
it  may  hereafter  contract  under  existing  provisions  of  law, 
to  an  amount  not  exceeding  in  the  aggregate  three  hun- 
dred thousand  dollars,  and  to  issue  notes,  bonds  or  certifi- 
cates of  debt  therefor,  bearing  interest  at  a  rate  not 
exceeding  seven  per  centum  per  annum,  payable  semi- 
annually, the  principal  to  be  payable  at  such  times  as  it 
may  see  fit,  not  exceeding  thirty  years  from  the  date  of 
the  issue  thereof,  and  said  city  may  sell  the  same  or  any 
part  thereof,  at  public  or  private  sale,  on  such  terms  and 
conditions  as  it  may  deem  advisable. 
May  raise  by  Section  2.     The  city  of  Holyolvc  is  authorized  to  raise 

$6,000 to  $10,000  by  taxation  upon  the  polls  and  estates  in  said  city,  a  sum 
ernking^tod.'^    not  Icss  thau  six  tliousaud  dollars  nor  more  than  ten  thou- 
sand dollars  annually,  which  sum  with  the  interest  and 
accumulations  thereon  shall  constitute  a  sinking  fund  for 
the  redemption  at  maturity  of  the  notes,  bonds  or  certifi- 
cates of  debt  of  said  city,  which  may  be  issued  to  provide 
means  for  paying  said  indebtedness  ;  and  said  sinking  fund 
shall  be  appropriated  and  pledged  to  the  payment  and 
redemption  of  said  notes,  bonds  or  certificates  of  debt, 
and  for  no  other  purpose,  until  the  same  is  fully  redeemed 
and  paid. 
?f^^fng7und        Section  3.     The  city  council  of  said  city,  by  the  con- 
to  be  chosen  by  currcut  votc  of  the  two  brauchcs  thereof,  is  authorized  to 
lycounci.       g^ppQi^j^  three  commissioners  of  the  sinking  fund,  one  for 


1874.— Chaptee  216.  141 

a  term  ending  in  one  year,  another  for  a  term  ending  in 
two  years,  and  another  for  a  term  ending  in  three  years 
from  the  first  day  of  January  next,  and  annually  there- 
after one  commissioner  shall  be  chosen  to  serve  for  the 
term  of  three  years.  Said  commissioners  shall  annually 
choose  one  of  their  own  number  as  treasurer,  who  shall 
annually  give  a  bond  to  the  city  of  Holyoke,  with 
sufficient  sureties,  to  be  approved  by  its  board  of  alder- 
men. The  board  of  commissioners  aforesaid  shall  from 
time  to  time  invest  the  money,  funds  and  securities  be- 
longing to  said  sinking  fund  in  the  public  funds  of  the 
United  States,  of  any  of  the  New  England  states,  of  the 
state  of  New  York,  and  of  the  counties,  cities  and  towns 
of  this  Commonwealth,  in  the  stock  of  any  state  or 
national  bank,  located  in  this  Commonwealth  and  in  loans 
secured  by  first  mortgage  of  real  estate  in  the  county  of 
Hampden,  and  they  may  sell,  transfer  and  re-invest  from 
time  to  time  the  stock  and  securities  belonging  to  said 
fund. 

Section  4.     The  signatures  of  all  said  commissioners  signatures  of  aii 

ii  no        1     J.  •       1.  j-j-i'i         •!!  1      /y  the  commission- 

must    l)e   anixed  to  any  instrument  to  bmd  said  board  ot  ers  required  to 

commissioners   or  said  city   of  Holyoke.     Said  commis-  i^i"^  the  city. 
sioners  shall  keep  a  true  record  of  all  their  proceedings, 
and  they  shall  annually  in  the  month  of  December  make  a 
report  in  writing  to  the  city  council  of  said  city,  of  the 
amount  and  condition  of  said  fund  and  the  income  there- 
of for  the  year,  which  record  and  all  the  securities  belong- 
ing to  said  fund  shall  at  all  times  be  open  to  the  inspection 
of  any  committee  of  either  branch  of  the  city  council  of 
said   city  appointed  for  that  purpose.     The  necessary  ex-  Expenses  of 
penses  of  said  commissioners  shall  be  paid  by  said  city,  tobepauiby* 
but  they  shall  receive  no  compensation  for  their  services.  '^'*^" 

Section  5.     The  balance  of  said  sinking  fund,  if  any  Baianceoffund 
there  be  after  the  payment  of  said  notes,  bonds  and  cer-  treasury  after 
tificates  of  debt  shall  be  paid  into  the  treasury  of  said  liotes°"'° 
city. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Apx)roved  May  7, 1874. 

An  Act  to  incorporate  the  boston  highlands  masonic  build-  rij      01  a 

IXG  association.  ^  ^-LU. 

Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.     Samuel  Little,  Donald  Kennedy,  John  F.  corporators. 
Newton,  Joseph  H.  Chadwick,  Joseph  C.  Tucker,  George 
Moulton,  Joel  Seaverns,  Ambrose  Davenport,  Aaron  D. 


142  1874.— Chaptehs  217,  218,  219. 

"Williams,  Charles  J.  Danforth  and  Francis  J.  Ward,  their 
associates  and  successors,  are  made  a  corporation  by  the 

Name  and  pur.   name  of  the  Boston  Highlands  Masonic  Building  Associ- 

^°^^'  ation,  for  the  purpose  of  erecting  a  building  in  that  part  of 

the  city  of  Boston  called  Boston  Highlands,  and  maintain- 
ing the  same  for  the  accommodation  and  purposes  of  a 
masonic  hall  or  any  other  lawful  purpose ;    with  all  the 

Powers  and  powers  and  privileges,  and  subject  to  the  duties,  restric- 
tions and  liabilities,  set  forth  in  the  general  laws  which 
now  are  or  may  hereafter  be  in  force,  so  fiir  as  applicable. 

aud'shires?^  SECTION  2.     Said  Corporation  shall  have  a  capital  stock 

not  exceeding  one  hundred  and  tifty  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each,  and  may 
hold  for  the  purposes  aforesaid  real  and  personal  estate 
not  exceeding  the  amount  of  the  capital  stock :  jirovided, 
hoioever,  that  said  corporation  shall  incur  no  liabilities 
until  twenty-five  thousand  dollars  of  its  capital  stock  has 
been  actually  paid  in  in  cash. 

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

Approved  May  7,  1874. 

Ch.      217.   ^'^  ^*^'^    ^^    CHANGE    THE    NAME    OF    THE     CAKDANY    AND     MILLER 

FURNITURE   COMPANY. 

Be  it  enacted,  &c.,  as  folloius  : 
Name  changed.        Sectiox  1.     Tlic  Cai'dauy  aud  Miller  Furniture  Com- 
pany shall  hereafter  be  known  by  the  name  of  the  Union 
Furniture  Company. 

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

Airprovcd  Maij  7,  1874. 

Ch'    218.  An  Act  to  grant  further  time  to  the   kenoza   street  rail- 

AVAY   COMPANY   FOR   COMPLYING   AVITH   THE   REQUIREMENTS   OF  ITS 
charter  and   THE   GENERAL   LAWS   OF  THE   COMMONWEALTH. 

jB«  it  enacted,  &c.,  as  follows  : 
Time  extended        -pj^g    Kcuoza    Street    Railwav    Company    of  Haverhill, 

for  compliance  ^  i.-ifi-i 

with  require-  incorporated  by  act,  approved  A^Dril  twenty-fourth,  eight- 
een  hundred  and  seventy-three,  is  allowed  a  period  of  six 
months  from  and  after  the  passage  of  this  act,  in  which  to 
comply  with  the  requirements  of  its  charter  and  the 
general  laws  of  the  Commonwealth. 

Approved  May  7,  1874. 

Ch.    219.  ^^  Act  TO  authorize  the    city    of   new   Bedford    to    issue 

""        *  ADDITIONAL   AVATER   BONDS. 

Be  it  enacted,  &c.,  as  follows : 
$2oo,ooraddi.         Section  1.     The   city  of  New  Bedford  niEiy,   for  the 
tion.ni  water       purposc  mentioned  in  the  eleventh  section  of  chapter  one 


1874.— Cmu'TER  220.  143 

hundred  and  sixty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-three,  issue  bonds  to  an  amount  not 
exceeding  two  hundred  thousand  dollars,  in  addition  to 
the  amount  already  authorized  to  be  issued,  upon  like 
terms  and  conditions,  and  with  like  powers  in  all  respects 
as  are  provided  in  said  act  for  the  issue  of  bonds  of  said 
city. 

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

Ajjjjroved  May  8,  1874. 

An  Act  to  annex  a  portion  of  the   town  of  brookline  to  ryj      c^c)r\ 

THE   CITY   OF   BOSTON.  ^''"      ^'^^' 

Be  it  enacted,  &c.,  as  folloics : 

Section  1.  All  the  territory  now  comprised  withiii  the  Portion  of 
limits  of  the  town  of  Brookline  in  the  county  of  Norfolk,  nexedt" Boston, 
with  the  inhabitants  and  estates  therein  situated,  northerly 
of  the  southerl}'  line  of  Brighton  Avenue  is  hereby  annexed 
to,  and  made  a  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,  obli- 
gations and  liabilities,  and  entitled  to  the  same  immunities 
in  all  respects  as  the  said  city  of  Boston  :  provided,  how-  Proviso. 
•ever,  that  until  constitutionally  and  legally  changed,  said 
territory  including  any  part  of  the  city  of  Boston  which 
has  been  set  off  from  Brookline  since  the  last  census,  shall 
continue  to  be,  for  the  purpose  of  electing  members  of  the 
house  of  representatives,  part  of  the  county  of  Norfolk, 
constituting  part  of  the  fifteenth  representative  district 
thereof;  for  the  purpose  of  electing  a  senator  part  of  the 
first  Norfolk  senatorial  district ;  for  the  purpose  of  elect- 
ing 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  congressional  district 
numljer  eight,  as  the  same  are  now  constituted. 

All  the  duties  now  required  by  law  to  be  performed  by  Duties  required 
the  selectmen  and  town  clerk  of  the  town  of  Brookline,  and^derkof 
or  either  of  them,  pertaining  to  the  votes   cast  by  the  dcvoive'lfpoh 
voters  residino;  upon  said  territory  for  representativ^es  in  aldermen  and 

o       i  '^  i-  clerk  of  Boston. 

congress,  state  councillors,  senators  and  members  ot  the 
house  of  representatives  shall  in  like  manner  devolve  upon 
and  be  performed  b}^  the  board  of  aldermen  and  city  clerk 
of  the  city  of  Boston  ;  and  the  said  city  clerk  shall  make 
returns  and  meet  with  the  town  clerk  of  the  town  of 
Brookline  for  the  purpose  of  ascertaining  the  result  of  the 
election  of  representative  for  said  fifteenth  representative 


144 


1874.— Chapter  220. 


Inhabitants  to 
pay  arrears  of 
taxes. 


Jurisdiction  of 
courts. 


Proviso. 


Judicial  district 
of  Brighton. 


district  and  making  certificates  of  tlie  same,  at  noon  on 
tlie  day  following  said  election  at  the  town  clerk's  office  in 
said  Brookline. 

Section  2.  The  inhabitants  of  the  said  territory  shall 
be  holden  to  pay  all  arrears  of  taxes  which  have  been 
legally  assessed  npon  them  l)y  the  town  of  Brookline,  and 
all  taxes  heretofore  assessed  and  not  collected  shall  be  col- 
lected and  paid  to  the  treasnrer  of  the  town  of  Brookline 
in  the  same  manner  as  if  this  act  had  not  been  passed. 

Sectiox  3.  The  several  courts  within  the  county  of 
Suffolk,  except  the  municipal  court  for  the  southern  dis- 
trict of  the  city  of  Boston,  the  municipal  court  for  the 
Dorchester  district  of  the  city  of  Boston,  and  the  muni- 
cipal court  for  the  Charlestown  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  insolvency 
which  shall  have  accrued  within  said  territory  hereljy 
annexed,  that  said  courts  now  have  over  like  actions, 
proceedings  and  matters  within  the  county  of  Suffolk : 
provided,  however,  that  the  several  courts  within  the 
county  of  Norfolk  shall  have  and  retain  jurisdiction  of  all 
actions,  i^roceedings  and  matters  that  may  be  rightfully 
commenced  in  said  courts  prior  to  the  time  when  this  act 
takes  effect;  and  the  supreme  judicial  court,  and  the 
superior  court  Avithin  the  county  of  Suffolk,  alter  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  are  com- 
menced in  any  of  the  courts  within  the  county  of  Norfolk 
for  the  prosecution  of  said  crimes,  offences  and  misde- 
meanors, 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,  complaints  and  prosecutions,  and  all  matters 
of  probate  and  insolvency  pending  within  said  territory 
before  any  court  or  any  justice  of  the  peace,  when  this  act 
takes  effect,  shall  be  heard  and  determined  as  though  this 
act  had  not  been  passed. 

Section  4.  Said  territory  shall  be  added  to  and  con- 
stitute a  part  of  the  judicial  district  under  the  jurisdiction 
of  the   municipal   court   of  the   Brighton   district.     Said 


1874.— Chattee  221.  145 

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. 

Section  5.     The  said  territory  shall  constitute  a  part  of  j^Bo^g^^n!'^^'' 
ward  nineteen  in  the  city  of  Boston,  and  shall  so  remain 
until  the  alteration  of  the  ward  limits  of  the  city  of  Boston 
provided  by  law. 

Section  6.     Nothing  contained  in  this  act  shall  impair  obligation  of 
the  obligation  of  contracts ;  and  the  property  and  inhab-  be  impaired. 
itants  of  said  territory  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  Proviso. 
by  reason  of  his  being  an  inhabitant  of,  or  owning  prop- 
erty in  said  territory  shall  be  compelled  to  pay  any  part  of 
an  existing  debt  or  obligation  of  the  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. 

Section  7.     This  act  shall  not  be  construed  to  divest  Brookiine  not  to 
or  deprive  the  town   of  Brookiine  of  any  legal  rights   of  rights  of 
drainage  which  it  now  possesses  nor  of  any  powers  or  *^'''*^'^''^®- 
authority  which  it  now  enjoys  under  chapter  seventy-one 
of  the  acts  of  the  year  eighteen  hundred  and  sixty-seven, 
entitled  "An  Act  concerning  drains  and  sewers  in  the  town 
of  Brookiine,"  with  respect  to  any  of  the  territory  herein 
before  described. 

Section  8.     This  act  shall  take  effect  upon  its  passage. 

A23proved  May  8,  1874. 

An  Act  to  regulate  the  hours  of  labor  i-n  manufacturing  ryjj      oot 

ESTABLISHIHENTS.  ^^J-. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     No  minor  under  the  age  of  eighteen  years,  Minors  under 
and  no  woman  over  that  age,  shall  be  employed  in  labor-  and  women! not 
ing  by  any  person,  firm  or  corporation  in  any  manufactur-  in  manufacm?^ 
ino;  establishment  in  this  Commonwealth  more  than  ten  ing  establish- 

,    '^         .  ,  J       1  'J    •  i  1        ments  more  than 

hours  in  any  one  day,  except  when  it  is  necessary  to  make  ten  hours  a  day. 
repairs  to  prevent  the  stoppage  or  interruption  of  the 
ordinary  running  of  the  machinery  :  provided,  hoivever,  Proviso. 
that  a  different  apportionment  of  the  hours  of  labor  may 
be  made  for  the  sole  purpose  of  giving  a  shorter  day's 
work  for  one  day  of  the  week ;  but  in  no  case  shall  the 
hours  of  labor  exceed  sixty  per  week. 

19 


146  1874:.— Chapter  222. 

Penalties  for  SECTION  2.     Aiiv    such    pei'sou,    firm    Or    corporation 

violation  of  act.        ,  .,.,/.   n  i  ^       .        '  ^        i  •    i 

which  Wilfully  employs  any  minor  or  woman,  or  which 
wilfully  has  in  its  employment  any  minor  or  woman  con- 
trary to  the  provisions  of  this  act,  and  any  superintendent, 
overseer  or  other  agent  of  any  such  person,  firm  or 
corporation,  who  wilfully  employs  any  minor  or  woman  in 
laboring  for  any  such  person,  firm  or  corporation,  and  any 
parent  or  guardian  of  such  minor  who  permits  such  minor 
to  work  or  be  so  employed  contrary  to  the  provisions 
of  this  act,  shall,  for  each  offence,  be  punished  by  a  fine 
not  exceeding  fift}^  dollars,  to  be  recovered  on  complaint 
in  any  court  of  competent  jurisdiction,  and  all  prosecutions 
for  offences  under  this  act  shall  be  begun  within  one  year 
from  the  commission  thereof.  No  building  or  premises 
used  solely  for  the  purpose  of  a  dwelling  shall  be  deemed 
a  manufacturing  establishment  within  the  meaniug  of  this 
act. 

Section  3.     This  act  shall  take  effect  upon  the  first  day 
of  October  next.  ^Approved  May  8, 1874. 

Ch.      222.   -^   ^CT  RELATING   TO    DIVIDENDS     OF    JOINT-STOCK    FIRE  AND    MA- 
RINE INSURANCE  C03IPANIES. 

Be  it  enacted,  &c.,  as  follows: 
May  pay  ten  per  SECTION  1.  Joiiit-stock  fire  aiid  marine  insuraiicc  com- 
to  stockholders,  paiiics.  Organized  under  the  laws  of  this  Commonwealth, 
are  hereby  authorized  to  declare  and  pay  to  the  stock- 
holders of  their  respective  companies,  cash  dividends,  not 
exceeding  ten  per  centum  in  any  one  year,  on  their  capital 
stock,  but  any  such  company  may  issue  pro  rata  to  its 
stockholders,  certificates  of  such  portions  of  its  actual 
surplus  as  the  company  may  from  time  to  time  determine, 
which  shall  be  deemed  to  be  an  increase  of  its  capital 
stock  to  the  extent  of  such  new  certificates  so  issued :  but 
no  such  dividend  either  in  cash  or  stock  certificate  shall  be 
made  by  any  such  company  except  from  actual  surplus 
fund  of  the  company ;  such  surplus  to  be  computed  in 
the  same  manner  as  is  now  required  by  law,  by  such 
insurance  companies  in  making  their  annual  report  to  the 
insurance  commissioner  of  Massachusetts. 
Repeal.  SECTION  2.     All  acts  inconsistent  herewith  are  repealed. 

Section  3.     This  act  shall  take  effect  on  the  first  day 
of  July  next.  Ajwo^ed  May  8, 1874. 


1874.— Chapters  223,  224.  147 

An  Act  in  relation  to  the  openikg  of  railroads  for  public  rji,      22S 

USE. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.      No   railroad,    braucli   or   extension   of  a  Railroad  not  to 
railroad,  shall  hereafter  be  opened  for  public  use  until  the  pubucule  until 
board   of   railroad    commissioners,  after  an  examination,  cenifyThautis 
certify  that  all  laws  relating  to  the  construction  thereof  j!'^^=*^^  <^°"<"- 
have  been  complied  with,  and  that  the  road  appears  to  be 
in  a  safe  condition  for  operation. 

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

Approved  May  11,  1874. 

An   Act   to    establish   the    first    district   court    of   essex  /^z      OOA 

COUNTY.  ^'^'      ^^*- 

Be  it  enacted,  <fcc.,  as  follows  : 

Section  1.     A  court  is  hereby  established  under  the  First  district 
name  of  the  First  District  Court  of  Essex,  and  the  city  of '^°*^"°    **^^' 
Salem  and  the  towns   of   Beverly,    Danvers,    Hamilton, 
Middleton,    Topsfield    and   Weuham    shall    constitute    a 
judicial  district  under  the  jurisdiction  of  said  court. 

Said  court  shall,  except  as  hereinafter  provided,  have 
the  same  jurisdiction,  power  and  authority,  shall  perform 
the  same  duties  and  be  subject  to  the  same  regulations  as 
are  provided  in  respect  to  existing  police  courts,  except 
the  municipal  court  of  Boston  by  chapter  one  hundred 
and  sixteen  of  the  General  Statutes  and  by  all  general 
laws  passed  in  amendment  thereof  applicable  to  the 
several  police  courts  of  the  Commonwealth ;  and  all  pro- 
visions of  law  relating  to  criminal  and  civil  proceedings, 
the  taxation  of  costs,  the  paj^ment  of  fines,  the  expenses 
of  court,  the  accounting  and  settling  with  county  and 
town  for  money  paid  into  court  as  forfeitures  or  otherwise, 
and  all  other  returns  and  requirements  of  law  applicable 
to  the  several  police  courts  of  the  Commonwealth,  except 
that  before  mentioned,  shall  apply  to  the  First  District 
Court  of  Essex. 

Section  2.     The  said  court  and  the  justice  thereof  shall  To hayesame 
have  the  same  power  and  jurisdiction  within  said  district,  wi'thin'the'dis- 
as  the  police  court  of  the  city  of  Salem  or  the  justice  counofsaiem. 
thereof  had  when  said  court  was  established  or  now  have 
in  said  city,  in  all  matters  relating  to  crimes  or  offences, 
and  in  receiving   complaints  and   issuing  warrants,   and 
when  the  court  is  not  in  session  the  justice  thereof  may 
receive  complaints  and  issue  warrants. 

Section  3.     All  cases  pending  at  the  time  this  act  shall  ^g  ^^poifcf^' 


148 


1874.— Chapter  224. 


court  to  be 
transferred. 


Records  of  po- 
lice court  to  be 
in  custody  of 
clerk  of  district 
court. 


One  justice  and 
two  special  jus- 
tices to  be  ap- 
pointed. 


Salary  of  jus- 
tice, $3,000. 


Compensation 
of  special  jus- 
tices. 


Two  or  more 
sessions  of  tbe 
court  may  be 
held  at  the  same 
time. 


take  full  effect,  whether  civil  or  criminal,  in  the  police 
court  of  the  city  of  Salem  shall  be  transferred  to  and  have 
day,  in  the  proper  day  and  term  of  the  court  hereby 
established,  and  all  writs,  processes,  complaints,  petitions 
and  proceedings  whatever,  which  are  made  returnable  or 
to  be  entered  in  said  police  court  shall  be  returnable  to, 
entered  and  have  day  in  the  proper  day  and  term  of  said 
district  court,  and  all  judicial  writs  and  processes  and 
copies  founded  ujDon  the  records  of  said  police  court  shall 
issue  under  the  seal  of  said  district  court,  in  like  manner 
and  to  the  same  effect  as  the  same  might  have  issued  from 
the  police  court  if  this  act  had  not  passed ;  and  all  writs' 
and  processes  may  be  made  returnable  to  the  several  days 
and  terms  of  said  police  court  now  established  by  law  till 
this  act  shall  take  full  effect,  and  then  all  such  writs  and 
processes  shall  be  made  returnable  to  the  days  and  terms 
herein  established. 

Section  4.  The  records  of  said  police  court  and  all 
records  now  in  the  possession  of  said  court  shall  remain  in 
the  custody  of  the  clerk  of  the  First  District  Court  of 
Essex. 

Section  5.  There  shall  be  appointed,  commissioned 
and  qualified,  agreeably  to  the  constitution  one  justice  and 
two  special  justices  of  said  district  court,  and  one  of  said 
special  justices  shall  be  appointed,  commissioned  and 
qualified  as  first  special  justice,  and  as  vacancies  occur 
they  shall  be  filled  by  appointment  in  the  same  manner. 
The  justice  of  said  court  shall  receive  an  annual  salary  of 
three  thousand  dollars,  and  at  the  same  rate  for  any  part 
of  a  year,  to  be  paid  monthly  from  the  treasury  of  the 
Commonwealth,  which  shall  be  in  full  for  all  services 
rendered  by  him  as  justice  of  said  court.  The  first 
special  justice  shall  officiate  in  case  of  the  absence,  or 
other  inability  or  disability  of  said  justice  or  when  two  or 
more  separate  sessions  shall  be  held  at  the  same  time, 
or  when  there  is  a  vacancy  in  the  otfice  of  justice,  and  in 
case  of  the  absence,  inability  or  disability  of  the  justice 
or  the  first  special  justice,  the  second  special  justice  may 
upon  requests  officiate.  The  special  justices  shall  be  paid 
b}'"  the  justice  eight  dollars  for  each  day  on  which  they 
may  hold  a  session  of  said  court. 

Section  6.  Two  or  more  sessions  of  said  court  may 
be  held  at  the  same  time,  and  in  such  case  the  justice  may 
retain  to  his  own  use  from  the  fees  received  in  said  court 


1874.— Chaptee  224.  149 

all  sums  paid  by  him  to  the  special  justice  holding  one  of 
said  sessions  in  addition  to  all  sums  which  he  is  now 
entitled  to  retain  :  jn-ovided,  the  sum  authorized  to  be 
paid  to  the  special  justice  under  the  provisions  of  this 
section,  shall  not  exceed  five  hundred  dollars  in  any  one 
year. 

Section  7.     The  clerk  of  the  police  court  of  the  city  cierk  of  police 
of  Salem,  now  acting,   shall  be  the  clerk  of  said  First  until  successor 
District  Court  of  Essex  until  his  successor  is  appointed  ^^  ^ppo"^^^*^- 
and  qualified,  and  he  shall  have  the  same  powers  and  per- 
form the  same  duties  that  he  now  does.     A  clerk  of  said 
court  shall  be  appointed  and  commissioned  by  the  governor 
for  the  term  of  seven  years  and  shall  receive  for  annual 
salary  and  clerk-hire  the  sum  of  two  thousand  five  hun-  Salary  of  clerk. 
dred  dollars  to  be  paid  monthly  from  the  treasury  of  the 
Commonwealth  and  shall  faitlifully  perform  all   services 
required  by  law  of  the  clerks  of  like  courts  in  the  Com- 
monwealth and  shall  be  qualified  in  the  same  manner  as 
clerks  of  police  courts  now  are,  and  shall  give  bond  with 
sufficient  sureties  to  the  acceptance  of  the  treasurer  of  the 
county  of  Essex  in  a  sum  not  less  than  eight  thousand 
dollars  with  a  condition  for  the  faithful  performance  of  the 
duties  of  his  office. 

Section  8.     The  iustice  and  clerk  shall  not  be  retained  Justice  and 

-^  .  .  clerk  not  to  act 

or  employed  as  counsel  or  attorney  in  any  writs,   com-  ascounseiin 

1    .     .  T  ,  11       J.  T  •  -1   »iiv  case  in  the 

plaints  or  proceedings  returnable  to  or  pending  in  said  court. 
court,  nor  in  any  suit  which  has  been  examined  or  tried 
therein,  nor   shall   the    special  justices   be   employed  or 
retained  as  aforesaid  in  any  matter  tried  before  them  in 
said  court. 

Section  9.  The  said  court  shall  have  original  concur-  jurisdiction  of 
rent  jurisdiction  with  the  superior  court,  in  the  county  of  *^®°°"'^' 
Essex,  in  all  civil  actions  and  proceedings  in  wLich  the 
debt  or  damages  demanded,  or  property  replevied,  does 
not  exceed  in  amount  or  value  three  hundred  dollars,  and 
the  jurisdiction  of  said  court  shall,  when  the  plaintiff  and 
defendant  both  reside  in  the  district,  exclude  the  jurisdic- 
tion of  municipal  and  police  courts,  justices  of  the  peace, 
and  other  district  courts :  provided,  that  where  there  are 
two  or  more  plaintiffs  or  defendants,  or  one  or  more 
trustees,  the  jurisdiction  of  the  court  shall  not  be  exclusive 
unless  all  the  parties  reside  in  the  district. 

Section  10.     "When  one  of  several  defendants  resides  writ  may  mn 
within  the  district,  the  writ  issued  by  said  court  may  run  whenone'oT'^ 


150  1874.— Chapter  224. 

several  defend-    j^to  aiiv  coiiuty,  aud  be  sei'vecl  on  the  other  defendant  or 

ants  reside  in-.,*'  /»/  ■%  jiji/-  '_l  i 

district.  defendants  lourteen  days  at  least  beiore  its  return  day,  m 

like  manner  as  if  issued  by  the  superior  court. 
Proceedings  SECTION  11.     All  proceediuo-s  duly  commenced  before 

commenced  .    ,     .         .  .         ,  /•     i 

before  a  trial  auy  trial  justicc  Or  justicc  01  the  peace,  for  said  county, 
re\hei'e  deter-  withiu  Said  distHct,  bcforc  this  act  shall  take  full  effect, 
mined.  shall  be  prosecuted  and  determined  as  if  this  act  had  not 

been  passed,  and  except  as  herein  provided,  the  jurisdic- 
tion of  trial  justice,  justice  of  the  peace,  and  municipal 
and  police  courts,  and  other  district  courts  shall  be 
excluded  within  the  judicial  district  created  by  this  act. 
No  justice  of  the  peace  shall  hereafter  be  allowed  any  fees 
for  warrants  issued  within  said  district,  and  all  warrants 
so  issued  shall  be  made  returnable  before  said  district 
court. 
fabiwi™'Teff'  Section  12.  The  said  court  shall  have  power  to 
appoint  officers,  establish  a  seal  therefor,  and  the  same  power  to  issue  all 

and  make  rules  .,  -•  -i,  -iiiA?  xii.  i 

for  practice.  wi'its  aiid  proccsscs,  and  to  appoint  all  ofhcers  that  may  be 
necessary  for  the  transaction  of  the  business  of  the  court, 
and  the  said  court  may  from  time  to  time,  make  rules  for 
regulating  the  practice  and  conducting  the  business  therein 
in  all  cases  not  expressly  provided  for  by  law. 

Court  to  be  held  Section  13.  The  Said  court  shall  be  held  in  some 
suitable  place  to  be  furnished  by  the  county  of  Essex,  in 
said  Salem,  for  criminal  business  daily,  except  on  Sun- 
daj^s  and  legal  holidays,  at  nine  o'clock  in  the  forenoon, 
and  in  the  afternoon  whenever  it  appears  expedient  to  the 
justice  thereof.  The  court  shall  be  held  for  civil  business 
weekly ;  each  term  shall  commence  on  Wednesday  and 
actions  therein  may  be  continued  to  any  future  day  fixed 
for  the  sitting  of  the  court. 

Trial  by  jury.  Sectgion  14.  Ou  the  rctum  day  of  the  writ,  either 
party  may  demand  a  trial  by  juiy,  in  writing,  Avhich  shall 
be  granted  by  said  court.  If  neither  party  demand  a 
trial  by  jury,  the  right  to  have  such  trial  shall  be  taken  to 
be  waived.  The  jury  trial  shall  be  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the 
General  Statutes,  and  the  judgment  of  said  court  in  all 
cases  in  which  the  title  to  real  estate  is  not  put  in  issue  by 
the  pleadings  shall  be  final,  unless  appeal  is  taken  there- 
from, or  exceptions  and  appeals  on  matters  of  law  are  had, 
as  hereinafter  provided. 

Right  of  appeal.  Section  15.  In  all  cases  and  proceedings  in  said 
court,  except  where  a  jury  trial  is  had,  or  where  the  value 


1874.— Chapter  224.  151 

of  the  property  replevied  or  the  amount  claimed  in  the 
writ  does  not  exceed  fifty  dollars,  appeals  shall  lie  to  the 
superior  court  for  the  county  in  the  manner  now  provided 
by  law  for  taking  appeals  from  the  judgments  of  justices 
of  the  peace.  In  actions  and  proceedings  where  trial  by 
jury  is  had,  exceptions  from  said  court  in  matters  of  law 
shall  lie  to  the  superior  court  for  the  county,  shall  be 
entered  at  the  then  existing  or  next  ensuino;  term  of  said 
court,  and  shall  be  heard  and  determined  in  the  manner, 
and  at  times,  to  be  prescribed  by  general  rules  of  said 
superior  court.  Any  party  deeming  himself  aggrieved  by 
such  determination,  may  cause  such  exceptions  to  be 
entered,  heard  and  determined  in  the  supreme  judicial 
court,  under  the  same  conditions,  in  the  same  manner,  and 
with  the  same  efi"ect,  as  if  said  exceptions  had  originally 
been  taken  and  allowed  in  the  superior  court :  j^^^ovided, 
however,  that  where  such  exceptions  are  sustained  by  the 
superior  court,  the  cause  shall  be  at  once  remanded  to  the 
district  court  for  a  new  trial;  and  provided,  further,  that 
in  all  cases  of  exceptions  or  appeals  on  matters  of  law,  if 
the  judgment  or  rulings  of  the  district  court,  being 
affirmed  by  the  superior  court,  are  also  affirmed  by  the 
supreme  judicial  court,  the  prevailing  party  shall  recover 
double  costs  unless  the  supreme  judicial  court  shall  other- 
wise order. 

Section  16.     Whenever  a  iury  shall  become  necessary  cierk  to  issue 
lor  the  trial  ot  any  actions  or  proceedings  in  said  district  moning  jurors 
court  under  the  provisions  of  this  act,  the  clerk  of  said  il^obi^hld"^^ 
court  is  hereby  authorized  and  required  to  issue  writs  of 
venire  facias,   directed  to  the  sheriff   of   the  county  or 
either  of  his  deputies,  or  a  constable  of  any  city  or  town 
in  said  district,   for  the  summoning  of  jurors,   and  the 
jurors  shall  be  summoned  from  the  towns  in  the  judicial 
district. 

Section   17.     Sections    seven,     eiijht,     nine,     eleven,  Pro%'isions of 
twelve,  twenty-six,  forty  and  seventy-eight  of  chapter  one  8,'9,ii,"i'2, 26,' 
hundred   and  twenty- nine  of  the   General  Statutes,  shall  to'dvluctfon^s^ 
apply  to  civil  actions  before  said  court. 

Section  18!     All  laws  establishins:  the  police  court  of  Laws  establish. 

,1  .,  i?    o    1  •    •  •       •     1^  J.'  1  • -I  j_     ing  police  court 

the  city  or   Salem   or  giving  jurisdiction  to   said  court,  repealed. 
except  so  far  as  maj'^  be  necessary  that  the  same  should  be 
supported  for  the  purpose  of  this  act,  and  all  acts  and 
parts  of  acts  inconsistent  with  the  provisions  of  this  act 
are  hereby  repealed  from  the  day  this  act  shall  take  full 


152 


1874.— Chapters  225,  226. 


When  to  take 
effect. 


effect,  and  if  upon  said  day  any  term  of  said  police  court 
shall  be  in  session,  or  shall  have  been  adjourned  to  a 
future  day,  the  remainder  of  said  term  may  be  held  by 
the  justice  of  said  district  court. 

Section  19.  This  act  shall  take  effect,  so  far  as 
appointing,  commissioning  and  qualifying  the  justice, 
clerk  and  special  justices  of  said  court  are  concerned  on 
the  first  day  of  June  in  the  year  of  our  Lord  one  thousand 
eight  hundred  and  seventy-four,  and  shall  take  full  effect 
on  the  first  day  of  October,  in  the  year  of  our  Lord  one 
thousand  eight  hundred  and  seventy-four. 

A2)provecl  May  11,  1874. 


(Jh.      225.   ^^  -^^'^  '^^  REGULATE  THE  TRANSPORTATION  OF  OFFAL  IN  CITIES  AND 

TOWNS. 

Be  it  enacted,  &c.,  as  follows: 

Any  city  or  town  may  by  ordinance  or  by-law,  regulate 
the  transportation  of  the  offal  of  slaughtered  cattle,  hogs, 
sheep  or  other  animals,  over,  along  or  through  any  of  the 
public  streets  or  highways  in  such  city  or  town ;  and  may 
impose  fines  for  the  violation  of  such  ordinance  or  by-law, 
not  exceeding  one  hundred  dollars  for  each  offence. 

Approved  May  11,  1874. 


Transportation 
of  offal  may  be 
regulated  by 
cities  and  towns, 


Ch.   226. 


Guards  to  be 
erected  ■when 
bridge  crosses 
road  less  than 
eighteen  feet 
above  the  track. 


Penalty  for 
neglect. 


Repeal  of  1869, 
308,  §§2,3; 
1870,  276. 


An  Act  in  relation  to  bridge-guards  on  railroads. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Every  railroad  corporation  shall  erect  and 
maintain  suitable  bridge-guards  at  every  bridge  or  other 
structure,  any  portion  of  which  crosses  the  railroad  less 
than  eighteen  feet  above  the  track ;  such  guards  to  be  ap- 
proved by  the  board  of  railroad  commissioners  and  to  be 
erected  and  adjusted  to  their  satisfaction.  Any  corpora- 
tion which  refuses  or  neglects  to  comply  with  the  pro- 
visions of  this  act  shall  for  each  month  of  continuance  in 
such  neglect  or  refusal  forfeit  the  sum  of  fifty  dollars ;  and 
whoever  wilfully  destroys  or  breaks  any  such  bridge-guard 
shall  forfeit  a  sum  not  exceeding  one  hundred  dollars  and 
be  liable  to  imprisonment  not  exceeding  thirty  days. 

Section  2.  Sections  two  and  three  of  chapter  three 
hundred  and  eight  of  the  acts  of  the  year  eighteen  hun- 
dred and  sixty-nine,  and  chapter  two  hundred  and 
seventy-six  of  the  acts  of  the  year  eighteen  hundred  and 
seventy,  are  hereby  repealed.  Approved  May  11, 1874. 


1874.— Chaptees  227,  228.  153 


An  Act  providing  for  a  valuation  and  return  of  property  QJ^^    ^21211. 

AND  estates  exempted  FROM  TAXATION. 

Be  it  enacted,  &c.,  as  follows: 

Sectiox  1.     It  shall  be  the  duty  of  the  assessors  of  each  ^.^^®*j*°'^t,^fe. 
city  and  town  in  each  year  to  enter  upon  the  valuation  list  ment  of  prop, 
of  their  respective  city  or  town  in  the  appropriate  columns  fromtaxTuop, 
after  the  enumeration  of  the  taxable  persons  and  estates  of  thmil^'seventh 
therein  contained,  a  statement  and  description  of  all  the  ^"vidoM'^of 
property  and  estate  and  the  fair  rateable   value  thereof  &•  s.  ii,  §  5. 
situate  in  such  city  or  town  or  which  would  be  taxable 
there  but  for  the  provisions    of  the  third,   seventh  and 
ninth  divisions  of  section  five  of  chapter  eleven  of  the 
General  Statutes,  wath  the  names  of  the  persons  or  corpo- 
rations owning  the  same,  and  the  purpose  for  which  it  is 
used,  which  are  exempted  from  taxation  by  the  foregoing 
provisions  of  law,  with  a  reference  to  the  law  by  which 
such  exemption  is  allowed. 

Sectiox  2.     The  assessors  of  each  city  or  town  shall  on  statement  to  be 
or  before  the  first  day  of  October  in  each  year,  make  and  tax^TOmLis- 
forward  to  the  tax  commissioner  a  statement  showing  the  "°°*^'"* 
whole  amount  of  property  enumerated  in  the  first  section 
and  the  amount  in  each  class  and  stating  separately  the 
aororreorate  amount  belonging  to  each  of  the  four  classes 
embraced    in  the   third    division   of  the   fifth   section    of 
chapter  eleven  of  the  General  Statutes. 

Section  3.     The    tax   commissioner    shall    include    a  Taxcommis. 
tabular  statement  of  the  amounts  returned  to  him  under  toThe'ieyst^"^ 
the  provisions  of  this  act,  in  his  annual  report  to  the  logis-  *'**"''®* 
lature. 

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

Approved  May  11,  1874. 

An  Act  in  relation  to  the  extinguishment  of  fires  in  wood-  (Jj^^    228. 

LANDS. 

Be  it  enacted,  &c,,  as  follows: 

When  a  fire  occurs  in  any  wood-lands,  the  fire-warcft  or  wiienwood- 

,  c  J.^  i?j.  •  I'T.   J.U  •      t.  •  lands  are  burn- 

any  two  of  them,  oi  a  town  in  which  the  same  is  burning,  ing,  back  fires 
or  of  any  town  comprising  wood-lands  endangered  there-  jjl^warfs?  ^^ 
by,  being  present  at  a  place  in  immediate  danger  of  being 
burned  over  by  such  fire,  may  direct  such  liack-fires  to  be 
set  and  maintained,  and  such  other  precautions  to  be 
taken  to  prevent  the  spread  of  the  same,  as  they  may 
deem  necessary.  Approved  Maij  11, 1874. 

20 


154 


1874.~Chaptees  229,  230,  231. 


Cll.    229.  An  Act  to  authorize  the  city  of  wokcester  to  take  and  hold 

LAND  FOR  SLAUGHTER  HOUSES  AND  FOR  OTHER  PURPOSES. 


City  of  Worces- 
ter may  take 
land  for  provid- 
ing a  place  for 
slaughtering 
cattle,  &c. 


Damages  to  be 
determined  as 
for  land  taken 
for  highways. 


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

Section  1.  The  city  of  Worcester  may  take  aud  hold 
by  purchase  or  otherwise,  such  a  tract  of  land,  within  said 
city  bordering  on  the  line  of  some  railroad  not  within  two 
miles  of  the  city  hall  building  in  said  city,  and  not  exceed- 
ing three  hundred  acres  in  extent,  as  the  mayor  and  alder- 
men of  said  city  may  adjudge  necessary  and  suitable  for 
the  purpose  of  providing  a  place  or  places  for  carrying  on 
the  business  of  slaughtering  cattle,  sheep  and  other  ani- 
mals, and  for  melting  and  "rendering"  establishments. 

Section  2.  If  the  mayor  and  aldermen  of  said  city 
foil  to  agree  with  the  owner  or  owners  of  said  land,  as  to 
the  damage  to  be  paid  therefor,  such  damages  shall  be 
determined  and  recovered  in  the  same  manner  in  which 
damages  are  determined  and  recovered  for  land  taken  for 
highways.  Ajiproved  May  11,  1874. 


C7l.    230.  An  Act  to  authorize  the  boston  wharf  company  to  increase 

ITS   CAPITAL  STOCK. 


$600,000  addi- 
tional capital 
stock. 


Proviso. 


Issue  of  shares. 


Be  it  enacted,  &c.,  asfolloivs  : 

Section  1 .  The  Boston  Wharf  Company  may  increase 
its  capital  stock  by  an  amount  not  exceeding  six  hundred 
thousand  dollars  in  addition  to  the  amount  heretofore 
authorized  by  law  :  provided,  that  no  share  in  said  capital 
stock  shall  be  issued  for  a  less  sum  to  be  paid  in  than  the 
par  value  thereof. 

Section  2.  The  issue  of  shares  to  represent  the  in- 
crease of  capital  hereby  authorized  shall  be  made  in 
accordance  with  the  provisions  of  chapter  one  hundred 
and  seventy-nine  of  the  acts  of  the  year  eighteen  hundred 
and  seventy.  A2iproved  May  11, 1874. 


Ch. 


231.  An  Act  authorizing  the  attleborough  branch  railroad  com- 
pany TO  increase  ITS  CAPITAL  STOCK. 


$133,000  addi- 
tional capital 
stock. 


Beit  enacted,  &c.,  as  follows: 

Section  1.  The  Attleborough  Branch  Railroad  Com- 
pany may  increase  its  capital  stock  to  an  amount  not 
exceeding  in  the  whole  one  hundred  and  thirty-three 
thousand  dollars. 

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

Aiiproved  May  11,  1874. 


1874.— Ghaptees  232,  233,  234.  155 

An  Act  to  conttrm  certain  coxa^etances  made  bt  william  b.  (JJ^^    232. 

howes,  trustee  txder  the  will  of  susanna  burley. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  several  deeds  purportino:  to  be  con-  conveyances 

o  connrniGcl. 

veyances  of  lands  made  by  William  B.  Howes,  trustee 
under  the  will  of  Susanna  Burley,  late  of  Boston,  de- 
ceased, which  was  approved  and  allowed  by  the  judge  of 
probate  for  the  county  of  Suffolk,  at  a  court  of  probate 
held  on  the  seventeenth  day  of  June,  in  the  year  one 
thousand  eight  hundred  and  fifty,  shall  be  as  valid  to  pass 
an  estate  in  fee  simple  in  and  to  the  lands  therein 
described  as  said  deeds  would  have  been  if  power  had 
been  conferred  on  the  trustee  in  said  will. 

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

Approved  May  11,  1874. 

An  Act  relating  to  school  attendance  and  truancy.         (Jj.      233 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  Section  one  of  chapter  two  hundred  and  Amendment  to 
seventy-nine  of  the  acts  of  the"^year  eighteen  hundred  and 
seventy -three,  is  amended  as  follows  :  Strike  out  the  word 
"tAvelve"  in  the  first  clause  and  instead  thereof  insert  the 
word  "  fourteen  " ;  and  at  the  end  of  said  clause  after  the 
word  "  weeks  "  add  "  which  time  shall  be  divided  into  two 
terms  each  of  ten  consecutive  weeks  so  far  as  the  arrano^e- 
ment  of  school  terms  will  allow." 

Section  2.  Section  two  of  chapter  two  hundred  and  j^!^*^  26"T2  *° 
sixty-two  of  the  acts  of  eighteen  hundred  and  seventy- 
three  is  hereby  amended,  so  as  to  authorize  truant  officers 
to  serve  all  legal  processes  issued  by  the  courts  in  pur- 
suance of  said  act,  but  they  shall  not  be  entitled  to  or 
receive  any  fees  therefor.  Approved  May  11, 1874. 

An   Act    hiaking   appropriations    for    certain    educational  (JJ^^^    234. 

PURPOSES. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     The    sums  hereinafter  mentioned   in   this  Appropriations. 
section  are  appropriated,   and  shall  be  paid  out  of  the 
moiety   of  the   income  of  the    school  fund  applicable  to 
educational  purposes,  to  wit : — 

For  the  support  of  the   state  normal  schools,  including  state  normal 
the  normal  art  school,  a  sum  not  exceeding  sixty-six  thou- 
sand five  hundred  dollars. 

For  teachers'  institutes,  a  sura  not  exceeding  four  thou-  Teachers' 
sand  dollars,  to  be  expended  in  accordance  with  the  ^°*  "^ '^''" 
provisions  of  chapter  thirty-five  of  the  General  Statutes. 


156 


1874.— Chaptee.  235. 


Pupils  in  nor- 
mal schools. 


Board  of  educa- 
tion, printing, 
&c. 


Expenses  of 
members. 


Salaries  of 
agents. 


Mass.  Teachers' 
Association. 


County  teachers' 
associations. 


Income  of 
Rogers  book 
fund. 


Todd  normal 
school  fund. 


Agricultural 
college  fund. 


For  aid  to  pupils  iu  the  state  normal  schools,  a  sum  not 
exceediug  four  thousand  dollars,  payable  in  semi-annual 
instalments,  to  be  expended  under  the  direction  of  the 
board  of  education. 

For  postage,  printing,  advertising,  stationery,  transpor- 
tation of  documents  for  the  board  of  education,  and  for  the 
secretary  thereof,  and' for  printing  the  school  laws,  a  sum 
not  exceeding  fourteen  thousand  dollars. 

For  expenses  of  members  of  the  board  of  education,  a 
sum  not  exceeding  three  hundred  dollars. 

For  the  salary  of  such  agents  as  the  lioard  of  education 
ma}^  employ,  including  the  transportation  and  exhibition 
of  models,  casts  and  drawings,  a  sum  not  exceeding  two 
thousand  dollars  in  addition  to  the  amount  heretofore 
appropriated  for  the  present  year. 

For  the  Massachusetts  Teachers'  Association,  the  sum 
of  eight  hundred  dollars,  on  condition  that  said  association 
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-four,  and  furnish  satisfactory  proof 
thereof  to  the  auditor  of  accounts. 

For  county  teachers'  associations,  a  sum  not  exceeding 
three  hundred  dollars. 

Section  2.  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  with  the  provisions  of  chapters  one  hundred 
and  eighty-six  and  two  hundred  and  twenty  of  the  acts  of 
eighteen  hundred  and  sixty-three. 

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

AiiprovedMay  12,  1874. 


(Jll.  235.  -^  '^^'^  '^^  ESTABLISH  THE  SALARIES  OF  THE  JUSTICES  AND  CLERKS 
OF  THE  MUNICIPAL  COURT  OF  TAUNTON,  AND  OF  THE  POLICE  COURT 
OF   SOMERVILLE. 

Be  it  enacted,  &c.,  as  follows: 
^andin'  "usticeg      Section  1.     The  Salaries  of  the  standing  justices  of  the 
fixed  at  81,800    municij)al  court  of  Taunton,  and  of  the  police  court  of 


per  annum. 


1874.— Chapters  236,  237,  238.  157 

Somerville  shall  be  at  the  rate  of  eighteen  hundred  dol- 
lars per  annum,  to  be  paid  from  the  first  day  of  April  of 
the  present  year. 

Sectiox  2.     The  salaries  of  the  clerks  of  the  municipal  l^^^'^'^^^f^  ^^ 
court  of  Taunton,  and  of  the  police  court  of  Somerville,  $1,000  per 
shall  be  at  the  rate  of  one  thousand  dollars  per  annum,  to 
be  paid  from  the  first  day  of  April  of  the  present  year. 

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

Approved  May  12,  1874. 

An  Act  to  repeal  section  three  of  chapter  one  hundred  (JJi^    236 

AND  fifty-five,  OP  THE  ACTS  OF  THE  YEAR  EIGHTEEN  HUNDRED 
AND  SEVENTY-THREE,  IN  RELATION  TO  BORROWING  MONEY  FROM 
SINKING   FUNDS. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Section  three  of  chapter  one  hundred  and  fjIPI'^l"*^^^''^^' 
fifty-five  of  the  acts  of  the   year  eighteen  hundred  and 
seventy-three,  is  repealed. 

Section  2.     This  act  shall  take  efiect  upon  its  passage. 
T  Ax)X)roved  May  15,  1874. 

An  Act  amending  chapter  two  hundred  and  ninety-four  of  qj.      oofr 

THE   acts   of   eighteen   HUNDRED   AND   SEVENTY-TWO,  AUTHORIZ-  *  '       ' 

ING  THE  COUNTY  COMMISSIONERS  OF  HAMPDEN  COUNTY  TO  TAKE 
LAND  FOR   COURT   HOUSE   PURPOSES. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  Section  one  of  chapter  two  hundred  and  5^®°^™^s°J  ^'^ 
ninety-four  of  the  acts  of  the  3'^ear  one  thousand  eight  hun- 
dred and  seventy-two  is  hereby  amended,  by  adding  the 
following  words  :  provided  the  right  to  take  land  as  afore- 
said shall  not  extend  beyond  the  first  day  of  October  in 
the  year  eighteen  hundred  and  seventy-four. 

Section  2.     This  act  shall  take  efl'ect  upon  its  passage. 

App)roved  May  18,  187-4. 

An  Act  relating  to  the  collection  of  taxes.  (JJ^^    238. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1 .     The  fourth  section  of  chapter  twelve  of  the  Amendment  to 
General  Statutes  is  hereby  amended,  by  inserting  after  the    '   '  ■^''  ^^" 
word  "may"  in  the  second  line,  the  words  "by  a  special 
warrant." 

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

Approved  May  18,  1874. 


158  1874.— Chapters  239,  240. 

Cll.  239.  ^  ^^"^  AUTHORIZING  THE  CLERK  OF  THE  COURTS  IN  HAMPDEN 
COUNTY  TO  DRAW  PAY  FOR  CLERK-HIRE  FROM  THE  COUNTY 
TREASURY. 

Be  it  enacted,  &c.,  as  follows: 
Allowance  to  SECTION  1.     The    coiinty   commissioners    of  Hampden 

for  extra  clerk-  Couiity  may  allow  fiom  the  treasury  of  said  county  to  the 
clerk  of  the  courts  in  said  county,  as  compensation  for 
extra  clerk-hire,  a  sum  not  exceeding  five  hundred  dollars 
per  annum,  payable  quarterly,  from  the  first  day  of  April 
eighteen  hundred  and  seventy-four. 

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

Approved  May  18,  1874. 

Cll.      240.   ^^   -^^"^   "^^  ANNEX  A  PORTION   OF   THE    TOWN    OF    DRACUT   TO   THE 

CITY   OF  LOWELL. 

Be  it  enacted,  &c.,  as  follows : 
PartofDracut        SECTION  1.     So  much  of  the  towu  of  Di'acut  in  the 
Lowell!  countj'^  of  Middlesex  lying  upon  the  Merrimack  River, 

thus  bounded  and  described,  to  wit :  Beginning  on  the 
northerly  side  of  the  new  county  road  leading  from  Lowell 
to  Methuen,  at  the  north-east  corner  of  that  part  of  said 
Lowell  called  Centralville,  thence  running  north  nineteen 
degrees  and  thirty  minutes  west,  to  a  stone  bound  on  the 
northerly  side  of  the  road  in  said  Dracut,  leading  from 
George  T.  Whitney's  house  to  and  b}'  the  poor-farm  in 
said  Dracut,  (said  line  and  course  being  a  continuation  of 
the  course  described  as  three  thousand  eight  hundred  and 
twenty-seven  feet,  northerly  from  the  margin  of  the  river, 
in  the  act  entitled  An  Act  to  annex  a  part  of  the  town  of 
Dracut  to  the  city  of  Lowell  passed  February  twenty- 
eighth  eighteen  hundred  and  fifty-one,  chapter  eight,  sec- 
tion one)  ;  thence  running  westerly  in  a  straight  line  to 
a  point  on  the  margin  of  Merrimack  River  at  the  inter- 
section of  the  town  of  Dracut  and  the  town  of  Tyngs- 
borough ;  thence  south-westerly  upon  the  boundary  line 
now  between  said  Dracut  and  said  Tyngsborough  to  the 
thread  of  Merrimack  River ;  thence  down  said  Merrimack 
River  by  the  thread  thereof  to  a  point  in  the  thread  of  said 
river  easterly  in  a  direct  line  from  the  end  of  Long  Island 
at  the  intersection  of  said  city  of  Lowell  and  said  Dracut ; 
thence  by  the  division  line  between  said  city  of  Lowell  and 
said  Dracut  as  described  in  the  act  of  February,  eighteen 
hundred  and  fifty-one,  above  referred  to,  to  the  point  of 
l^eginning,  with  all  the  inhabitants  on  the  lands  above  de- 
scribed,— is  hereby  set  off  and  separated  from  said  town  of 


1874.— Chapter  240.  159 

Dracut,  and  annexed  to  and  made  a  part  of  the  city  of 
Lowell  in  said  county,  and  the  same  land  and  the  inhab- 
itants thereon  shall  be  deemed  and  considered  as  annexed 
to  and  constituting  a  part  of  said  city  of  Lowell :  provided, 
however,  that  the  said  tract  of  land  and  the  inhabitants  Taxes  assessed 
thereon,  set  off  as  aforesaid  shall  be  liable  to  pay  all  such  treasury  of 
taxes  as  are  already  assessed  on  them  by  said  town  of  ^'■'''=''^- 
Dracut  in  the  same  manner  as  they  would  have  been  liable 
if  this  act  had  not  been  passed. 

Section  2.     The  stone  bound  mentioned  in  section  one  stone  bound  to 
shall  be  erected  by  the  city  of  Lowell.  lowTil'^    ^ 

Section  3 .  If  any  persons  who  have  heretofore  gained  f^  ^^ortedV^ 
a  legal  settlement  in  the  town  of  Dracut,  by  reason  of  res-  Loweu. 
idence  on  the  territory  set  off  as  aforesaid,  or  by  having 
been  proprietors  thereof,  or  who  may  derive  such  settle- 
ment from  any  such  resident  or  proprietor,  shall  come  to 
want  and  stand  in  need  of  relief  and  support,  they  shall  be 
relieved  and  supported  by  the  city  of  Lowell,  in  the  same 
manner  as  if  they  had  gained  a  legal  settlement  in  said 
Lowell. 

Section  4.     That  part  of  said  Dracut  annexed  to  the  to  remain  part 
city  of  Lowell  by  this  act,  for  the  purpose  of  electing  d^g'^ex  wpre^en'. 
representatives  to  the  general  court  to  which  the  said  town  '^''^'*^  district. 
of  Dracut,  as  part  of  the  thirtieth  Middlesex  representa- 
tive district  is  entitled,  until  the  next  decennial  census  is 
taken  in  accordance  with  the  provisions  of  law,  shall  be 
and  remain  a  part  of  the  said  town  of  Dracut  and  of  said 
representative  district. 

Section  5.     The  mayor  and  aldermen  of  the  city  of  voting  lists  to 
Lowell  shall  annually,  fourteen  days  at  least  before  the  selectmen  of 
second  Tuesday  of  November  furnish  to  the  selectmen  of  mayof  add 
the  town  of  Dracut  correct  lists  of  all  persons  resident  on  LoweTi!"  °^ 
the  said  territory  annexed,  who  shall  be  entitled  to  vote  at 
such  elections  in  the  said  town  of  Dracut  so  far  as  may 
be  ascertained  by  the  records  and  doings  of  the  said  city 
of  Lowell  or  any  of  its  officers.     And  the  city  of  Lowell 
for  every  neglect  of  its  mayor  and  aldermen  so  to  furnish 
such  list,  shall  forfeit  the  sum  of  one  hundred  dollars  :  and 
for  the  making  of  a  false  return  in  respect  to  any  such  list, 
shall  forfeit  the  sum  of  twenty  dollars  for  every  name  in 
respect  of  Avhich  a  false  return  is  made,  to  be  recovered  in 
the  same  manner  as  is  provided  by  the  fourth  section  of 
the  sixth  chapter  of  the  General  Statutes  in  respect  to 
penalties  of  neglect  or  false  returns  by  collectors  of  towns  : 


160 


1874.— Chapter  240. 


Territory  to  be 
made  part  of 
existing  ward 
or  wards  of 
Lowell. 


Authority  to 
alter  and  grade 
highways. 


Lowell  to  main- 
tain Fawtucket 
Bridge. 


Lowell  to  pay 
Dracut  $25,000 
towards  extin- 
guishment of  its 
debt. 


Repeal  of  incon. 
sistent  pro- 
visions con- 
tained in  1860, 
86,  and  1861,  8. 


To  take  effect 
August  1,  1874, 
if  previously 
accepted  by 
Lowell. 

Acceptance  of 
act  to  be  certi- 
fied to  secretary 
of  state. 


Portion  of  act  to 
take  effect  upon 
its  passage. 


provided,  hoivever,  that  the  selectmen  of  Dracut  shall  be 
the  final  judges  of  the  qualification  of  all  voters  resident 
on  the  said  territory  for  the  purposes  contemplated  in  this 
act. 

Section  6.  The  territory  hereby  annexed  to  the  city 
of  Lowell,  shall  be  attached  to  and  made  part  of  such 
existing  ward  or  wards  of  said  city  of  Lowell  as  the  city 
council  of  Lowell,  within  ninety  days  from  the  passage  of 
this  act  shall  determine. 

Section  7.  The  city  of  Lowell  shall  have  the  power 
aiid  authority  to  alter,  straighten,  widen,  repair  and  grade 
all  county  and  town  ways  within  the  territory  hereby  an- 
nexed, in  the  same  manner  that  they  are  now  authorized 
to  alter,  straighten,  widen,  repair  and  grade  city  ways  and 
streets. 

Section  8.  From  and  after  the  passage  of  this  act,  the 
city  of  Lowell  shall  be  liable  for  the  cost  of  maintaining, 
repairing  and  rebuildiug  Pawtucket  Bridge,  so  called,  over 
Merrimack  River,  and  the  town  of  Dracut  shall  be  forever 
thereafter  free  from  all  liability  therefor. 

Section  9.  Within  six  months  after  the  passage  of  this 
act  the  city  of  Lowell  shall  pay  to  the  town  of  Dracut  the 
sum  of  twenty-five  thousand  dollars,  as  the  estimated  pro- 
portion, due  from  the  territory  and  inhabitants  of  the  town 
of  Dracut  hereby  annexed  to  the  city  of  Lowell,  to  the 
town  of  Dracut  towards  the  payment  and  extinguishment 
of  the  debt  of  said  town  of  Dracut. 

Section  10.  So  much  of  chapter  eighty-six  of  the  acts 
of  eighteen  hundred  and  sixty,  and  of  the  eighth  chapter 
of  the  acts  of  eighteen  hundred  and  sixty-one,  as  are 
inconsistent  with  the  provisions  of  this  act,  are  hereby 
repealed. 

Section  11.  This  act  shall  take  effect  on  the  first  day 
of  August  eighteen  hundred  and  seventy-four :  provided, 
it  shall  first  be  accepted  by  the  citj^  council  of  Lowell. 

Section  12.  The  city  clerk  of  the  city  of  Lowell  shall 
certify  to  the  secretary  of  the  Commonwealth  the  accept- 
ance of  this  act  by  the  city  council  of  Lowell,  immediately 
after  the  same  has  been  so  accepted. 

Section  13.  So  much  of  this  act  as  authorizes  the  city 
council  of  the  city  of  Lowell  to  accept  the  same,  shall  take 
efiect  upon  its  passage.  Ajjproved  May  18, 1874. 


1874.— Chaptee  241.  161 

An  Act  to  axxex  a  part  of  the  tottn  of  chelmsford  to  the  qj^      241. 

CITY   of  LOWELL. 

Be  it  enacted,  &c.,  asfolloios : 

Sectiox  1 .     That  part  of  the  town  of  Chehiisford  with  Part  of  cheims. 
all  the  inhal)itaiits  and  estates  thereon,  lying  easterly  of  Loweii. 
the  following  described  line,  to  wit :    Beginning  at  a  stone 
post,  marked  "C.  and  L.,"  on  the  boundary  line  between 
said  town  and  said  city,  and   about   ten   rods  north  of 
Chelmsford    Street,  thence   running   north-westerly   in   a 
straight  line  ninety-two   hundred    and    seventy  feet  to  a 
stone  bound,  at  the  junction  of  the  Chelmsford  and  West- 
ford  roads ;  thence  northerly  in  a  straight  line,   crossing 
said  roads,  forty-one  hundred  and  twentj^-five  feet,  to  a 
stone  bound  on  the  southerly  bank  of  Merrimack  River, 
at  a  point  one  thousand  feet  westerly  of  the  "  twenty-eight 
mile  post,"  on  the  track  of  the  Nashua  and  Lowell  Rail- 
road Corporation,  and  thence  northerly  to  the  thread  of 
said  river, — is  hereby  set  off  from  the  town  of  Chelmsford 
and  annexed  to  the  city  of  Lowell,  and  shall  constitute  a  To  constitute 
part  of  the  fourth  ward  thereof,  until  a  new  division  of  ward?^*"""^'^ 
wards  is  made. 

Sectiox  2.     The  territory   and  the  inhabitants  thereon  Taxes  assessed 
hereby  annexed  to  the  city  of  Lowell  shall  be  holden  to  !?easmy  of"*" 
pay  all  such  taxes  as  are  alread}'  assessed,  or  ordered  to  cheimsford. 
be  assessed,  b}^  said  town  of  Chelmsford  for  the  present 
year,   in  the   same   manner  as  if  this  act  had  not  been 
passed  ;  and  all  paupers  who  have  gained  a  settlement  in 
said  town  by  a  settlement  gained  or  derived  within  said 
territorj^  shall  be  relieved  or  supported  hy  said  city,  in 
the  same  manner  as  if  they  had  a  legal  settlement  in  said 
city. 

Sectiox  3.     The  inhabitants  upon  the  territory  hereby  to  remain  in 
annexed  to  the  city  of  Lowell,  shall  continue  to  be  a  part  d^FtHcfuntir 
of  the  town  of  Chelmsford,  for  the  purpose  of  electing  me^t!^P°'^'°°' 
representatives  to  the  general  court,  until  the  next  appor- 
tionment shall  be  made  ;  and  it  shall  be  the  duty  of  the 
mayor  and  aldermen  of  said  citj^,  to  make  a  true  list  of 
the  persons  on  the  territory  hereby  annexed,  qualified  to 
vote  at  such  elections,  and  post  up  the  same  in  said  terri- 
tory, and  correct  the  same,  as  required  by  law,  and  de- 
liver the  same  to  the  selectmen  of  said  town,  seven  days 
at  least  before  any  such  election,  and  the  same  shall  be 
taken  and  used  by  the  selectmen  of  said  town  for  such 
election,  in  the  same  manner  as  if  it  had  been  prepared 
by  themselves. 

21 


162  1874.— Chapters  242,  243,  244. 

chdmsford"^         Section  4.     The  city  of  Lowell  shall  pay  to  the  town 

$1,500.'^  of  Chelmsford,   Avithin    six   months    after  this   act    takes 

effect,  the  sum  of  fifteen  hundred  dollars,  as  the  estimated 

proportion  due  from  the  territory  and  inhabitants  thereon, 

hereby  annexed  to  said  city,  towards  the  payment  of  the 

debt  of  said  town. 

U)°ch"ira°sfOTd         Section  5.     The  city  of  Lowell  shall  annually  pay  to 

one-eighth  of     tlic  town  of  Chelmsford,  from  and  after  the  time  when 

taxes  until  new  this  act  takcs  effect,  one-eighth  part  of  all  the  state  and 

state  valuation.  ,,  .,  r>,  •        i        j?         '  t     j. 

county  taxes  thereaiter  required  oi  said  toAvn,  previous 
to  a  new  state  valuation,  or  new  basis  for  the  apportiou- 
mcnt  of  state  and  county  taxes. 

Section  6.     This  act  shall  not  take  effect  until  accepted 
by  the  city  council  of  Lowell.  Apjyroved  May  18, 1874. 

Gh.    242.  An  Act  to  establish  the  salaries  of  the  judge  and  register 

OF  probate  and  insolvency  for  the  county  of  HAMPDEN. 

Be  it  enacted,  tfcc,  as  follows: 

\^Jit^ii^ ^^^^^'  "^^^^  judge  and  register  of  probate  and  insolvency  for 
the  county  of  Hampden,  from  and  after  the  first  day  of 
January  in  the  year  eighteen  hundred  and  seventy-four, 
shall  receive  annual  salaries,  as  follows  :  the  judge  eigh- 
teen hundred  dollars  and  the  register  sixteen  hundred 
dollars.  Ajiproved  May  18,  1874. 

(Jh.    243.  -A^N  Act  to  authorize  the  city  of  Springfield  to  issue  addi- 
tional water  fund  bonds. 
Be  it  enacted,  &g.,  as  foUoivs  : 
fssue°fdakio!fai      Section  1.     The  city  council  of  the  city  of  Springfield 
water  bonds,      may  for  the  purpose  mentioned  in  chapter  three  hundred 
$200,000.  and  forty-five  of  the  acts  of  eighteen  hundred  and  seventy- 

two,  and  chapter  seventy -five  of  the  acts  of  eighteen  hun- 
dred and  seventy-three,  issue  bonds  to  an  amount  not 
•exceeding  two  hundred  thousand  dollars,  in  addition  to 
the  amount  therein  authorized  to  be  issued,  upon  like 
terms  and  conditions  and  with  like  powers  in  all  respects 
as  are  provided  in  said  acts  for  the  issue  of  bonds  of  said 
city. 

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

Approved  May  18,  1874. 

Oil       24A.   ^^   "^^^    ^^  ADDITION  TO  AN  ACT  FOR   SUPPLYING   THE   CITY  OF  FALL 

RIVER  WITH  PURE  WATER. 

Be  it  enacted,  &c.,  as  follows : 
Fall  River  may       SECTION  1.     The  city  of  Fall   Rivcr  is  authorized  to 

issue  additional     .  .  .  "f  ■  r»       ,  />iijj_it  •       i.     i 

water  bonds,      issuc  scrip,  iiotcs  or  Certificates  oi  debt,  to  be  denominated 
$400,000."^'°^     Water  Bonds  of  the  City  of  Fall  River,  to  an  amount  not 


1874.— Chapters  245,  246,  247,  248.  163 

exceeding  four  himclred  thousand  dollars,  in  addition  to 
the  amounts  authorized  by  chapter  one  hundred  and  thirt}*- 
three  of  the  acts  of  the  3^ear  eighteen  hundred  and  sevent}— 
one,  and  by  chapter  three  hundred  and  fifty-six  of  the  acts 
of  the  year  eighteen  hundred  and  seventy-three. 

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

Ajiproicd  Man  1"^'  18"-t- 
An  Act  to  amend  the  charter  of  the  city  of  lowell.  (Jj^^    245 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     The  salary  of  the  mayor  of  the  city  of  f^J^^^  ^"^(Jj" 
Lowell  may  be  fixed  as  provided  by  the  city  charter  at  any  per  annum. 
sum  not  exceeding  three  thousand  dollars  per  annum. 

Section  2.      Whenever   less   than   a   majority   of  the  AWermen  of 
board  of  aldermen  of  said  city  is  qualified  upon  the  first  toacTumu^^^'^ 
Monday  in  January  in  any  year,  the  aldermen  of  the  pre-  bJTar "is  quaiii!^ 
ceding  year  shall  constitute  the  board  of  aldermen  until  a  ^'''^• 
majorit}^  of  the  new  board  is  qualified. 

Section  3.     Whenever  less  than  a  majority  of  the  com-  common  coun- 
mon  council  of  said  city  is  qualified  upon  the  first  Monday  new  council  i 
in  January  in  any  year,  the  common  councilmen  of  the  'i^"''^'^'^- 
preceding  year  shall  constitute  the  common  council  until  a 
majority  of  the  new  council  is  qualified. 

ApX)roved  May  18, 1874. 

An  Act  to  extend  the  time  for  the  location  and  construction  rii^      94(5 

OF  the  fitchburg  street  railway. 
Be  it  enacted,  &c.,  as  follows  : 

The  time  for  the  location  and  construction  of  the  Fitch-  Time  for  loca- 
burg  Street  Railway  is  extended  to  the  first  day  of  June  etruction  ex." 
eighteen  hundred  and  seventy-five.  tended. 

Aiiproved  May  18,  1874. 

An  Act  to  extend  the  time  for  organizing  the  melrose  sav-  /~it      ctAtr 

INGS   BANK.  •  ^'^'      '^*' 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     The  time  for  organizing  the  ]\Ielrose  Sav-  Time  for  organ- 
iugs  Bank  in  Melrose,  is  extended  to  the  first  day  of  Oc-  ''''"^ '^^'^'^^  ^  • 
tober  in  the  year  eighteen  hundred  and  seventy-four. 

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

Approved  May  18, 1874. 

An  Act  to  amend  some  of  the  rules  of  practice  in  the  su-  /^7,      94S 

PREME  judicial  AND   SUPERIOR  COURTS.  ^'±0. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.      In   the    supreme  judicial    and    superior  separate  ust to 
courts,  a  separate  list  shall  be  kept  of  cases  to  be  tried  by  t'o^'be  tried  byl^ 
a  jury,  and  uo  civil  action  shall  be  entered  upon  such  list  •''"'^'" 


164 


1874.— Chapter  248. 


Proviso. 


When  niliiigs, 
itc,  of  judge  is 
apjjealed  from, 
party  may  be 
allowed  to  enter 
verdict  or  modi- 
fy the  same. 


Record,  &c.,  to 
state  leave 
given,  and  full 
court  to  decide. 


In  actions  to 
recover  debt,  if 
defendant  ap- 
pears, plaintift' 
may,  on  aflida- 
vit  filed,  &c., 
enter  order  call- 
ing on  defend- 
ant to  show 
cause  why  judg- 
ment should  not 
be  given  to 
plaintitF. 


Defendant  to 
have  notice  in 
■writing. 


Defendant  not 
to  be  allowed  to 
make  general 
denials. 


unless  some  party  shall,  Avithin  such  time  after  the  parties 
are  at  issue,  as  the  court  may  by  general  or  special  orders 
direct,  file  a  notice  that  he  desires  a  trial  by  jury  :  pro- 
vided, that  any  cause  now  pending  or  hereafter  to  be  in- 
stituted may  be  entered  on  said  list  at  an}^  time  by  order 
of  the  court  for  good  cause  shown.  In  actions  pending 
and  not  on  the  list  of  cases  for  trial  b}^  jury  at  the  time 
when  this  act  takes  effect,  the  notice  may  be  filed  within 
thirty  days  thereafter.  Other  civil  actions  shall  be  heard 
and  determined  by  the  court,  and  judgment  entered  as  in 
case  of  verdict  of  a  jury. 

Section  2.  Whenever  any  party  shall  allege  excep- 
tions to,  or  appeal  from,  any  opinion,  ruling,  or  direction 
of  a  judge  of  either  of  said  courts  in  the  course  of  any 
trial  with  or  without  a  jui-y,  the  judge  may,  whenever  it 
would  be  just  so  to  do,  give  leave  to  such  party  to  enter 
the  verdict  or  judgment,  or  to  alter  or  modify  the  same, 
or  to  increase  or  reduce  the  damages,  in  such  manner  as 
the  supreme  judicial  court,  sitting  in  banc,  shall  deter- 
mine. In  such  cases  the  bill  of  e-\ceptions,  or  report, 
or  in  case  of  appeal,  the  record,  shall  state  the  leave 
given,  and  the  full  court  shall  thereupon  make  such  order, 
direction,  judgment,  or  decree,  as  is  fit  and  proper  for  the 
further  disposition  of  the  case. 

Sectiox  3.  In  all  actions  where  the  plaintiff  seeks 
merely  to  recover  a  debt  or  a  liquidated  demand  in  money, 
payable  by  the  defendant,  with  or  without  interest,  if  the 
defendant  appears,  the  plaintiff  may,  on  affidavit  filed  at 
any  time  within  twenty  days  after  the  defendant's  answer, 
verifying  the  cause  of  action  and  swearing  that  in  his 
belief  there  is  no  defence,  enter  an  order  calling  on  the 
defendant  to  show  cause  why  judgment  should  not  be 
given  for  the  plaintiff;  and  he  shall  immediately  give  to 
the  defendant  notice,  in  writing,  of  such  order,  and  unless 
the  defendant,  within  seven  days  after  such  notice,  or 
such  further  time  as  the  court  may  for  good  cause  allow, 
shall  consent  to  a  default  and  judgment  for  the  sum  de- 
manded, or  shall  disclose  by  affidavit  or  in  such  other 
manner  as  the  court  may  order,  such  facts  as  shall  consti- 
tute a  defence,  or  such  other  facts  as  the  court  may  think 
sufficient  to  entitle  him  to  defend,  the  court  shall  enter 
and  advance  such  actions  for  speedy  trial.  The  court 
shall  require  the  defendant  to  disclose  specifically  and 
clearly  the  substantive  facts  on  which  he  relies,  and  shall 


187J:.— Chapter  249.  165 

not  allow  general  or  vague  allegations  or  denials.  Affida- 
vits in  behalf  of  a  corporation  may  be  sworn  by  some 
officer  thereof.  Approved  May  20, 1874. 

An  Act  to  authorize  the  xorwich  and  Worcester  railroad  rji^     o_iQ 
cojirAXY  to  issue  additional    stock  and  for    other   pur- 
poses. 
Be  it  enacted,  &c.,  as  follows  : 

Sectiox  1.  The  Norwich  and  Worcester  Eailroad  ^'*Jrcegt,.fR  ^ 
Company  is  authorized  under  the  powers  conferred  on  co.  may  extend 
said  corporation  in  Connecticut  b}'  the  laws  of  said  state 
to  extend  its  railroad  from  Allyn's  Point  its  present  ter- 
minus, to  such  point  on  the  easterly  side  of  Thames  River 
or  on  Long  Island  Sound  as  is  provided  by  the  acts  of  the 
said  state  of  Connecticut. 

Sectiox  2.     For  the  purposes  of  such  extension    and  May  increase 
for  meeting  the  expenditures  authorized  and  required  un-  $1,400,000. 
der  chapter  three  hundred  and  forty-three  of  the  acts  of 
eighteen  hundred  and  seventj'-one,  and  for  the  payment 
of  the  bonded  debt  of  said  corporation  and  the  improve- 
ment of  its  road,  said  corporation  may  l)y  a  vote  of  its 
stockholders  at  a  meeting  dul}^  called  for  that  purpose, 
increase  its  capital  stock  to  an  amount  not  exceeding  one 
million  four  hundred  thousand  dollars  beyond  the  amount 
now  authorized  by  law :  provided,  that  all  shares  of  stock  Pio\iso- 
issued  under  the  provisions  of  this  act  shall  be  disposed 
of  according  to  the  provisions  of  chapter  three  hundred 
and   ninety-two    of    the    acts    of    eighteen    hundred    and 
seventy-one. 

Section  3.     In  case  said  additional  stock  herein  pro-  corporation  to 
vided  for  shall  be  issued  to  an  amount  exceeding  one  mil-  many^share's^of 
lion  dollars,  the  said  corporation  shall,  upon  the  surrender  de°redby  th°' 
by  the  Commonwealth  of  the  four  thousand  shares  of  its  state  as  equal 

•^  shares  issued  in 

stock  held  by  the  Commonwealth  under  the  provisions  of  excess  of 
the  act  of  March  twentieth,  eighteen  hundred  and  thirty-  ""  '    '    " 
seven,   cancel  and   extinguish  as   many  of  the   shares  so 
surrendered  as  shall  equal  iii  number  the  additional  shares 
issued  under  this  act  in  excess  of  one  million  dollars. 

Section  4.     The  trustees  in  possession  under  the  mort-  Trustees,  &e., 
gage  from  the  Boston,  Hartford  and  Erie  Railroad  Company  New'^lngi'a'nd 
to  Roljert  H.  Berdell  and  others,  dated  IMarch  nineteenth,  Lu-art°foT'^^ 
eighteen  hundred    and    sixty-six,  referred  to  in   chapter  iiorofrauroad. 
two  hundred  and  eighty-nine  of  the  acts  of  eighteen  hun- 
dred and  seventy-three,  or  the  New  York  and  New  Eng- 
land Railroad  Company  after  it  shall  have  taken  the  con- 


166  1874.— Chapter  250. 

veyaiice  provided  for  in  the  third  section  of  said  act,  are 
hereby  anthorized  as  successors  to  the  said  Boston,  Hart- 
ford and  Erie  Eaih"oad  Company  under  the  lease  from  the 
Norwich  and  Worcester  Raih'oad    Company    dated   Feb- 
ruary ninth,  eighteen  hundred  and  sixty-nine  and  ratified 
by  chapter  four  hundred  and  six  of  the  acts  of  eighteen 
hundred  and  sixty-nine,  to  contract  with  the  Norwich  and 
Worcester  Raih^oad  Company  for  a  lease  of  the  extension 
of  said  railroad  authorized  in  the  first  section  of  this  act, 
in  lieu  of  the  extension  of  said  railroad  to  New  London 
No  expenditure  providcd  for  in  said  lease ;  and  no  expenditure  shall  be 
withourconlent  iucurrcd  or  stock  issued  under  the  provisions  of  this  act 
°{l'""!il'=* '^'^     for  the  purpose  of  extendino;  said  road  as  above  provided, 

SUCCGSSOrS.  i-i.  rt*~'-i  ■  • 

except  with  the  consent  of  said  trustees  m  possession,  or 
of  said  New  York  and  New  England  Railroad  Company, 
as  successors  as  aforesaid :  provided,  that  all  persons  hav- 
ing any  rights  under  said  lease  of  February  ninth,  eighteen 
hundred  and  sixty-nine  shall  have  the  like  rights  under 
the  lease  of  the  extension  hereby  authorized ;  and  this  act 
shall  not  impair  the  rights  of  an}^  party  other  than  the 
persons  and  corporations  herein  named  without  their 
consent. 

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

Approved  May  20,  1874. 

Ch.      250.   -^^   "^^'^    ^^    INCORPORATE    THE    JOSEPH   WARREN    MONUMENT   ASSO- 
CIATION. 

Be  it  enacted,  &c.,  as  follows: 

Corporators.  SECTION  1.     Joscph  H.  Chaclwick,  Douald  Kenued}^ 

Samuel  Little,  James  M.  Keith,  L.  Foster  Morse,  John 

A.  Scott,  Augustus  Parker,  Robert  C.  Nichols,  Franklin 

Williams,  John  L.   Swift,  John  Backup,  Albert  Palmer, 

Thomas  W.  Clarke,  William  R.  Gray,  Charles  H.  Hovey, 

their  associates  and  successors  are  made  a  corporation,  for 

Name  and         tlic  purposc  of  erecting  in  that  part  of  Boston  called  Bos- 

purpose.  ^Qjj  Highlands,  a  monument  to  General  Joseph  Warren, 

Powers  and       with  the  powcrs  aud  privileges  and  subject  to  the  duties, 

duties.  restrictions  and    liabilities    set   forth   in   the    sixty-eighth 

chapter  of  the  General  Statutes. 
Real  and  per-  SECTION  2.     Said  coi'poratioii  may  take  aud  liold  prop- 

sonal  estate.  j_  i  i  i  i?^  •  n  i 

erty  real  and   personal  necessary  tor   said   purpose,   and 

may  receive  gifts,  grants,   devises  and  bequests  therefor 

until  the  completion  thereof. 

Monument,  SECTION  3.     Upoii  the  couipletiou  of  Said  monument 

ed,  may  be  con-  said  corporatiou  may  convey  the  "feame  and  all  the  property 


1874.— Chapter  251.  167 

held  by  said  corporation,  to  the  city  of  Boston,  together  veyedtothe 
with  any  surphis  of  the  fund  raised  for  the  erection  of  said  °"^  ° 
monument ;  such  surplus  to  be  devoted  to  the  maintenance 
of  said  monument  and  the  repairs,  adornment  and  enlarge- 
ment of  the  grounds  about  the  same. 

AjJjJroved  May  20,  187J:. 

An  Act  to  authorize  toavxs  axd  crriES  to  subscribe  for  axd  qj.      251 

HOLD  STOCK  IN  RAILROAD  CORPORATIONS. 

Be  it  enacted,  &c.,  as  follows: 

Sectiox  1.     Any  town  and  any  city  haviuo^  by  the  cen-  cities  and  towns 

™    ,1  •    1  i  1  111  .1  J.I  may  take  stock 

sus  01  the  year  eighteen  hundred  and  seventy  less  than  in  railroads,  not 
thirty  thousand  inhabitants,  within  which  the  road  of  any  percent.Vf^° 
railroad  corporation  hereafter  organized,  or  the. roads  of  ^^'"^***'°' 
any  existing  railroad  corporations  not  now  constructed 
shall  be  located  or  terminate,  may  subscribe  for  and  hold 
shares  of  the  capital  stock  or  the  securities  of,  such  rail- 
road corporations,  or  either  of  them,  to  an  amount  not 
exceeding  for  the  aggregate  in  all  such  corporations,  two 
per  centum  of  the  valuation  of  such  town  or  city  for  the 
year  in  which  the  subscription  is  made.  And  towns  hav- 
ins:  a  valuation  not  exceedino-  three  millions  of  dollars 
may  subscribe  for  and  hold  the  securities  of  such  corpora- 
tions, or  either  of  them,  to  an  amount  not  exceeding  three 
per  centum  of  the  valuation  of  such  town  in  the  year  in 
which  the  subscription  is  made,  in  addition  to  the  two  per 
centum  herein  before  provided  :  provided,  that  two-thirds  Proviso. 
of  the  legal  voters,  present  and  voting  by  ballot  and  using 
the  check-list,  at  legal  meetings  called  for  the  purpose  in 
such  town  or  city,  and  held  in  like  manner  as  the  meet- 
ings for  the  choice  of  municipal  officers  are  now  held  by 
law  in  such  town  or  city  respectively,  shall  vote  to  sub- 
scribe for  such  shares  or  securities  in  such  corporation. 

Section  2.     Any  town  or  city  may  vote,  in  accordance  May  become  an 

..,      ,1  •    •  J?  2.'  J.      \  -J.      associate  for 

With  the  provisions  ot  section  one,  to  become  an  associate  forming  railroad 
for  the  formation  of  a  railroad  corporation  in  compliance  uud«'^i8°2°'53. 
with  chapter  fifty-three  of  the  acts  of  the  year  eighteen 
hundred  and  seventy-two,  and,  by  virtue  of  such  vote, 
may  become  an  associate  in  such  corporation  with  all  the 
powers  and  privileges  enjoyed  by  any  individual  associate. 

Section  3.     The  form  in  which  the  matters  provided  ^° tt«^° g^au^e 
for  in    sections    one   and   two  shall  be   submitted  to  the  determined  by 
voters  of  -awj  town  or  city,  shall  be  determined,  in  cities,  term'ined  by  city 
by  a  concurrent  vote  of  both  branches  of  the  city  council,  autho°-ures. 
and  in  towns,  by  the  board  of  selectmen ;  {lud  whenever 


168 


1874.— Chapter  251. 


If  subscriiitlon 
is  not  made 
■within  twelve 
tnonths,  vote  to 
be  void. 


May  raise 
money  by  loan 
or  tax  to  pay 
for  stock. 


Repeal  of  ISTO, 
325,  §  3. 


a  town  or  city  has  voted  to  subscribe  to  the  stock  or  secu- 
rities of  a  raih'oad  corporation,  or  to  become  an  associate 
for  the  formation  of  such  corporation,  the  mayor  and  al- 
dermen, in  cities,  and  the  board  of  selectmen,  in  towns, 
shall  select  some  person  who  shall  be  authorized  in  behalf 
of  said  town  or  city  to  execute  its  vote. 

Section  4.  If  any  subscription,  authorized  under  sec- 
tion one  by  vote  of  any  town  or  city,  is  not  actually  made, 
by  the  persons  authorized,  within  twelve  months  from  said 
vote,  such  vote  shall  be  void  ;  and  unless,  within  the  said 
period,  part  of  said  subscription  is  actually  paid,  or  unless 
some  proceeding  is  commenced,  by  such  corporation,  to 
enforce  payment  thereof,  and  unless  at  least  twenty  per 
centum  of  the  capital  stock  of  the  corporation  to  which 
the  subscription  is  made  is  actually  paid  in  in  cash  and  at 
least  ten  per  centum  of  such  capital  stock  is  actuall}'  ex- 
pended by  such  corporation  in  the  construction  of  its  road, 
said  subscription  shall  be  void ;  but  nothing  in  this  act 
contained  shall  invalidate  the  action  of  any  town  which 
may  have  already  subscribed  for  shares'  or  securities  of 
any  railroad  corporation  before  the  expiration  of  the  time 
limited  by  the  general  law,  or  by  the  charter  of  such  cor- 
poration, as  now  existing,  for  the  construction  of  its  rail- 
road. 

Section  5.  Towns  and  cities  subscribing  for  stock  or 
securities  under  this  act,  may  raise  money  to  pay  for  the 
same  by  tax  or  loan,  and  may  issue  their  notes  or  bonds 
for  such  loan ;  they  may  hold  and  dispose  of  such  stock 
and  securities  in  like  manner  as  other  town  propert}^  and 
the  selectmen  of  towns,  and  such  persons  as  may  be  au- 
thorized by  vote  of  the  city  council  of  cities,  may  at  all 
meetings  of  the  corporations  in  which  the  stock  or  securi- 
ties are  held,  represent  their  respective  municipalities 
and  vote  upon  each  and  every  share  of  stock  owned  by 
them  respectively,  anj'thiiig  in  chapter  sixty-three  of  the 
General  Statutes  to  the  contrary  notwithstanding. 

Section  6.  Section  three  of  chapter  three  hundred 
and  twenty-five  of  the  acts  of  the  year  eighteen  hundred 
and  seventy  is  hereby  repealed. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  21,  187-i. 


1874.— Chapters  252,  253.  169 

As  Act   to   authorize   the  trustees  of  the   state  lunatic  qj^^    252. 

HOSPITAL  AT   AVORCESTER   TO   SELL   THE   AQUEDUCT  NOW  USED  IK  •      —         • 

CONNECTION  "WITH  THEIR  HOSPITAL. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  trustees  of  the  state  lunatic  hospital  ^t^fimatfc 
at  "Worcester  may  sell,  transfer  and  convey,  for  the  use  of  iMspuaiat 

,         .■^.  .  ,1.  ^  ,  Worcester  may 

any  public  institution,  or  tor  any  public  uses  and  purposes,  seii  aqueduct, 
their  aqueduct  in  the  city  of  Worcester,  with  its  appurte- 
nances, and  any  land,  easements,  rights  or  other  property 
heretofore  acquired  and  enjoyed  under  and  by  virtue  of 
chapter  sixty-live  of  the  acts  of  eighteen  hundred  and 
forty-three. 

Section  2.  Any  party  deeming  himself  aggrieved  by  Assessment  of 
the  salfe  and  conveyance  authorized  by  the  first  section  of  *™^^^*' 
this  act,  may  have  his  damages  assessed  upon  a  written 
application  to  the  superior  court  for  the  county  of  Worces- 
ter, filed  within  one  year  after  such  sale  and  conveyance, 
and  thereupon  said  court  shall,  after  due  notice  to  the 
attorney-general  order  a  trial  by  jury,  to  be  had  at  the  bar 
of  the  court  in  the  same  manner  in  which  other  civil  causes 
are  there  tried  by  jury  :  provided,  hoicever,  that  neither 
this  act  nor  anything  herein  contained  shall  be  deemed  to 
admit  or  imply  the  existence  of  any  right  to  damages  in 
any  party  by  reason  of  the  sale  and  conveyance  herein 
before  authorized. 

Section  3.     Any  moneys  received  by  the  trustees  from  Moneys  received 
the  sale  authorized  by  the  first  section  of  this  act,  shall  be  paWimo^st'ate^ 
paid  over  to  the  treasurer  of  the  Commonwealth,  as  a  part  ^•■'-■^^"'■y- 
of  the  fund  created  by  the  fourth  section  of  chapter  two 
hundred  and  thirty-eight  of  the  acts  of  the  year  eighteen 
hundred  and  seventy.     And  the  right  of  any  party  to 
damages,  and  the  verdict  of  a  jury  given  as  provided  in 
the    second   section  of  this   act   being   sustained   by  the 
supreme  judicial  court,  the  amount  of  the  judgment  thereon 
shall  be  paid  out  of  such  fund  by  the  treasurer  of  the 
Commonwealth. 

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

Approved  May  22,  1874. 

An  Act  in  relation  to  convicts  committed  for  non-payment  rii^      9~o 
OF  fines  and  costs.  ^oo. 

Be  it  enacted,  &c.,  as  follows  : 

When  an}'-  convict  is  sentenced  by  any  court  or  trial  ^^jfted^'oV^ 
iustice,  to  pay  a  fine,  or  fine  and  costs,  in  more  than  one  non-payment  of 

*'  Ti  •j_-  -iiio^  ••11  f  fi°o  and  costs  in 

case,  and  such  convict  is  committed  to  a  jail,  house  or  cor-  more  than  one 
rection,  or  other  prison  for  refusing  to  pay  such  fines,  or  sentence°to  take 
22 


170 


1874.— Chapters  254,  255. 


pu^tiou'of  tot.  fi"6s  and  costs,  the  second  sentence  shall  take  effect  from 
and  after  the  expiration  of  the  imprisonment  under  the 
first  sentence. 


Axiproved  May  22,  1874. 


Ch.   254. 


Public  adminis- 
trator not  to 
take  adminis- 
tration upon 
personal  prop- 
erty of  less  value 
than  $20,  but  to 
deposit  the 
same  with  state 
treasurer. 


To  file  with 
treasurer  an 
account,  under 
oath,  of  receipts, 
payments  and 
charges. 


Ch.   255. 


State  prison  to 
be  erected  to 
accommodate 
750  prisoners. 


An  Act  concerning  public  ADMmisTRATORS. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  It  shall  be  the  duty  of  every  public  admin- 
istrator, whenever  money  or  personal  property  of  a  value 
less  than  twenty  dollars  is  delivered  to  him  by  a  coroner 
according  to  law,  and  in  every  other  case,  where  the  total 
property  of  an  intestate  which  has  come  into  his  posses- 
sion or  control  is  of  a  value  less  than  tweut}^  dollars, 
(unless  the  same  is  the  balance  of  an  estate  received  from 
a  prior  public  administrator,  according  to  the  Statute) 
forthwith  to  reduce  all  such  property  into  money,  not  tak- 
ing administration  thereon,  and  to  deposit  such  money, 
first  deducting  his  reasonable  expenses  and  charges,  with 
the  treasurer  of  the  Commonwealth,  who  shall  receive  and 
hold  it  for  the  benefit  of  those  who  shall  have  legal  claims 
thereon. 

Section  2.  Every  public  administrator,  upon  making 
such  deposit,  shall  file  with  the  treasurer  a  true  and  par- 
ticular account,  under  oath,  of  all  his  dealings,  receipts, 
payments,  and  charges,  on  account  of  the  property  from 
which  the  money  so  deposited  proceeds,  inchiding  the 
name  of  the  intestate,  if  known  to  him,  and  the  treasurer 
shall  thereupon  deliver  to  him  a  receipt  for  such  money. 
And  such  deposit  with  the  CommouAvealth  shall  exempt 
the  public  administrator  making  it  from  all  responsibility 
to  any  party  or  person  whomsoever,  by  reason  of  his  hav- 
ing received  and  disposed  of  the  property  of  the  intestate, 
as  herein  provided.  Approved  May  22, 1874. 

An  Act  in  addition  to  and  amendatory  of  an  "act  author- 
izing THE  construction  OF  A  NEW  STATE  PRISON  BUILDING." 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  Section  one  of  chapter  one  hundred  and 
fifty-five  of  the  acts  of  eighteen  hundred  and  seventy-three 
is  amended  so  as  to  autliorize  the  erection  of  a  state  prison 
with  accommodation  for  seven  hundred  and  fifty  prisoners 
instead  of  one  thousand  prisoners,  and  such  prison  shall 
be  so  planned  as  to  admit  of  future  enkirgements.  The 
board  of  commissioners  appointed  in  accordance  with  the 
provisions  of  said  section  shall  also  have  full  power  to 
cause  to  be  erected  the  requisite  walls,  fences  and  work- 
shops,  and  to  provide  proper  motive  power :  ;provicled^ 


1874.— Chapter  256.  171 

that   the   aggregate  of  expenses  and   liabilities  inciu-red  jjjfe^^jf^^^f,:^. 
inider  the  provisions  of  the  original  act  of  eighteen  hundred  ceed  §1,000,000. 
and  seventy-three,   and  this  act  as  amendatory  thereof, 
shall  not  exceed  the  sum  of  one  million  dollars. 

Section  2.     The  commissioners  appointed  under  said  ^J^'^^^^f/^^j^tj, 
chapter  shall,  as  soon  as  a  plan  has  been  selected  for  said  be  employed  in 

. '■  -,  --^  j"iij.i  1  manufacture  of 

prison,  proceed  to  make  arrangements  with  tne  warden  ceii  doors  and 
and  inspectors  of  the  state  prison,  for  the  employment  of '''^'''''°'''^°'^- 
the  prisoners  in  said  institution,  who  are  or  may  be  unem- 
ployed, in  the  manufacture  of  the  cell  doors,  and  other 
iron  work,  or  any  part  thereof,  that  may  be  required  in 
the  construction  of  the  new  prison. 

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

Approved  May  22,  1874. 

An  Act  to  supply  the  town  of  mapiLborough  with  puke  water.  (JJ^^    256. 
Be  it  enacted,  &c.,  as  foHoivs: 

Section  1.     The  town  of  Marlborough  is  authorized  to  Marlborough 
take  and  hold  the  waters  of  Gatic  Pond,  in  said  town,  and  from  Gati^'^  **' 
the  waters  which  flow  into  the  same,  together  with  any  ^°"'^- 
water-rights  connected  therewith,  and  may  take  and  hold 
by  purchase  or  otherwise,  such  land  around  the  margin  of 
said  pond,  not  exceeding  live  rods  in  width,  as  may  be 
necessary  for  the  preservation  and  purity  of  said  waters, 
and  may  take  and  hold  sifch  lands  as  are  necessary  for 
maintaining  dams  and  reservoirs  for  the  storage  of  said 
waters,  and  for  laying  and  maintaining  conduits,  pipes, 
drains  and  other  works  for  collecting,  conducting  and  dis- 
tributing said  waters  through  said  town  of  Marlborough. 

Section  2.     Said  town  of  Marlborough  shall,  within  to  aie  in  regis- 
sixty  days  from  the  time  of  taking  any  land,  as  aforesaid,  aisctipuon^ot 
file  in  the  registry  of  deeds  for  the  county  of  Middlesex,  a  the  land  taken. 
description  of  the  land  so  taken,  sufficiently  accurate  for 
identification,  and  state  the  purposes  for  which  it  is  taken, 
and  the  title  of  all  land  so  taken  shall  vest  in  said  town. 
Any  person  injured  in  his  property  under  this  act,  and 
failing   to    agree   with    said   town   as  to   the   amount   of 
damages,  imvy  have  the  same  assessed  and  determined  in 
the  same  manner  as  is  provided  whei'e  land  is  taken  for 
highways ;  but  no  assessment  of  damages  shall  be  made 
for  the  taking  of  any  water-rights,  or  for  any  injury  there- 
to,  until  the  water  is  actually  withdrawn  or  diverted  by 
said  town,  under  the  authority  of  this  act. 


172 


1874.— Chapter  256. 


May  construct 
dams  and  reser- 


Penalty  for 
polhitiug  the 
water. 


Marlborough 
water  loan  not 
to  exceed 
$150,000. 


Three  commis- 
eioners  to  be 
elected. 


Section  3.  Said  town  of  Marlborough  may  construct 
dams,  reservoirs  and  aqueducts,  and  maintain  the  same  by  . 
an^  works  suitaljle  therefor.  Said  town  of  Marlborough 
may  also  carry  its  conduits,  pipes  and  drains  over  or  under 
any  water-course,  street,  railroad,  highway  or  other  way 
in  such  a  manner  as  not  to  obstruct  the  same,  and  may 
enter  upon  and  dig  up  any  road  or  way  in  such  a  manner 
as  to  cause  the  least  hindrance  to  the  travel  thereon ;  and 
in  general  may  do  any  other  acts  and  things  necessary, 
convenient  or  proper  for  the  carrying  out  of  this  act. 

Section  4.  Whoever  wilfully  corrupts,  pollutes  or  di- 
verts au}^  of  the  waters  taken  under  this  act,  or  injures 
any  dam,  reservoir,  aqueduct,  conduit,  pipe  or  other  pro- 
perty owned  or  used  by  said  town  for  the  purposes  of  this 
act,  shall  forfeit  and  pay  to  said  town  three  times  the 
amount  of  damages  assessed  therefor,  to  be  recovered  in 
an  action  of  tort ;  and  upon  conviction  of  either  of  the 
above  acts  shall  be  punished  by  a  fine  not  exceeding  one 
hundred  dollars,  or  by  imprisonment  not  exceeding  six 
months. 

Section  5.  For  the  purpose  of  defraying  the  cost  and 
expenses  which  may  be  incurred  under  the  provisions  of 
this  act,  said  town  of  Marlborough,  through  its  treasurer, 
may  issue,  from  time  to  time,  notes,  scrip  or  certificates  of 
debt,  to  be  denominated  on  the  face  thereof  "  Marl- 
borough Water  Loan,"  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  thirty  years  from  the  issuing  of  said  notes, 
scrip  or  certificates  of  debt  respectively.  Said  town 
may  sell  the  same,  or  any  part  thereof,  from  time  to 
time,  or  pledge  the  same  for  money  borrowed  for  the  pur- 
poses aforesaid,  on  such  terms  and  conditions  as  it  may 
deem  proper.  Said  town  is  further  authorized  to  make 
appropriations,  and  assess  from  time  to  time,  such  amounts 
as  may  be  necessary  to  pay  the  interest  on  said  loans,  to- 
gether with  an  amount  not  exceeding  in  any  one  year  the 
sum  of  five  thousand  dollars,  towards  payment  of  the  prin- 
cipal of  the  money  so  borrowed ;  except  the  year  in  which 
said  principal  becomes  due. 

Section  6.  At  any  meeting  of  the  inhabitants  of  the 
towii  of  Marlborough,  called  for  that  purpose,  three  com- 
missioners shall  be  elected  by  ballot;  one  for   the  term 


1874.— Ohaptee  256.  173 

of  three  yccars,  one  for  the  term  of  two  years,  and  one  for 
the  term  of  one  year  from  the  next  succeeding  annual  town 
meeting,  and  at  each  annual  town  meeting  thereafter,  a 
commissioner  shall  he  chosen  to  serve  for  the  full  term  of 
three  years.  All  the  authority  granted  to  the  tov/n  of 
Marlborough  by  this  act  and  not  specifically  provided  for 
shall  be  vested  in  said  commissioners,  who  shall  receive 
such  compensation  as  said  town  may,  from  time  to  time 
determine. 

Section  7.     Said  water  commissioners  shall  so  establish  commissioners 
the  rents  for  the  use  of  said  water  as  to  provide  annually  mns  for  use  of 
from  the  net  income  for  the  payment  of  the  interest  on  the  ^'^^^^^ 
"  Marlborough  Water  Loan,"  and  also,  after  five  years  from 
the  introduction  of  said  water,  for  the  further  payment  of 
not  less  than  one  per  centum  of  the  principal  of  said  loan. 
The  net  surplus,  after  deducting  all  interest  and  expenses,  sinking  fund  to 
shall  be  set  apart  as  a  sinking  fund  and  applied  solely  to    ^''®*^'*"^  • 
the  payment  of  the  principal  of  said  water  loans  until  the 
same  are  fully  paid  and  discharged.     Said  water  commis- 
sioners shall  be  trustees  of  said  sinking  fund,  and   shall 
annually,  or  as  often  as  said  town  may  require,  render  an 
account  of  all  the  doings  in  relation  thereto. 

Section  8.     At  au}^  time  after  the  expiration  of  five  if  after  five 
years  from  the  introduction  of  said  water,  and  before  the  cei^ns  aiVnot 
reimbursement   of    the   principal   of  said    "  Marlborough  tnm^ituiir' 
Water  Loan,"  if  the  net  income  from  said  water  rents,  at  belncreaBed"''^' 
the  rates  established  by  the  water  commissioners,  shall, 
for  any  two  successive  years  be  insuflicient  to  pay  the  ac- 
cruing interest  on  said  loan,  and  the  one  per  centum  to  the 
sinking  fund  as  aforesaid,  then  the  supreme  judicial  court, 
or  any  justice  thereof,  upon  the  petition  of  twenty -five  or 
more  legal  voters  of  said  town,  shall  appoint  three  com- 
missioners, who,  upon  due  notice  to  the  parties  interested, 
may  increase  the  price  of  said  water  so  far  as  may  be 
necessary  for  the  purposes  aforesaid,  but  no  further  ;  and 
the  award  of  said  commissioners,   or  the  major  part  of 
them,  being  returned  and  accepted  by  said  court  at  the 
next  term  thereof,  shall  be  binding  and  conclusive  for  not 
less  than  three  years  next  after  its  acceptance. 

Section  9.     The  occupant   of  any  tenement  shall  be  occupant  and 
liable  for  the  payment  of  the  rent  for  the  use  of  water  water  rates. 
in  such  tenement,  and  the  owner  shall  also  be  lial)le,  if,  on 
being  notified  of  such  use,  he  does  not  object  thereto. 


174  1874.— Chapters  257,  258. 

accepted  "^thhi      Section  10.     This  act  shall  take  effect  upon  its  passage, 
five  sreai-s,  by     a^^]  ghall  becoiiie  void  unless  accepted  within  five  vears,  at 

two-thirds  vote.  .  i.T  ^i 

an  annual  meetnig,  by  a  two-thirds  vote  of  the  town. 

A2i2iroved  May  22,  1874. 

Cll.      '2i&l .   ^^    ^^^  '^'^   CONFIRM    THE    ORGANIZATION    OF    THE  AMERICAN   WHIP 

COMPANY. 

Be  it  enacted,  &c.,  as  follows  : 
c^^orTn^i'"^'  Section  1.  The  acts  and  proceedings  of  the  persons 
lion  confirmed,  who  associatcd  thcmselvcs  in  the  year  eighteen  hundred 
and  seventy  for  the  purpose  of  forming  a  corporation  under 
the  title  of  the  American  Whip  Company,  and  all  other 
acts  and  proceedings  of  said  corporation  so  far  as  the  same 
may  be  defective  or  invalid  in  consequence  of  assuming 
said  name,  are  hereby  ratified  and  confirmed  and  said  cor- 
poration shall  hereafter  be  known  as  the  American  Whip 
Company. 

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

Approved  May  22,  1874. 

Ch.      258.   ^^  '^^'^  RELATING  TO   THE  JURISDICTION   OF  TRIAL  JUSTICES   OF  JU- 
VENILE  OFFENDERS   IN   SUFFOLK   COUNTY. 

Be  it  enacted,  &c.,  as  follows: 
&c!'^iu"suffuik        Section  1.     The  trial  justices  of  juvenile  offenders  of 
to  iiave  exciu-     Suffolk  Couuty  shall   have    exclusive  jurisdiction   gf  all 
of  offences  com-  offeiiccs  cominittcd  in  said  couuty  against  the  laAvs  of  the 
minors midcr     Commouwcalth,  by  minors  under  seventeen  years  of  age, 
of  agL?*^"  ^'^^'^  ^J^c^  lU'iy  impose  such  punishment  as  the  said  laws  now  or 
hereafter  in  force,  may  provide  for  such  offences,  except 
when  the  laws  provide  that  an  offence  may  be  punished 
by  death  or  imprisonment  for  life.     The  defendant  in  all 
cases  shall  have  the  right  of  appeal  in  manner  now  pro- 
vided by  law  in  criminal  cases. 
Commitment  of      SECTION  2.     Wlicii  application  Is  made  to  a  trial  justicc 
son.  '  of  juvenile  offenders  in  Suffolk  County  for  the  commitment 

of  any  insane  person,  if  an  officer  representing  the  Com- 
monwealth, the  county  of  Suffolk  or  the  city  of  Boston,  or 
any  person  in  behalf  of  such  insane  person  shall  so  request 
in  writing,  any  two  of  said  justices  shall,  together,  hear 
and  determine  such  application,  under  the  provisions  of 
law  now  o:overnin2:  the  hearino;  of  such  matters  before 
judges  of  probate  courts. 
Boston  to  pro-         SECTION  3.     The  citv  of  Bostou  shall  provide  some  con- 

vide  convenient  •        ,        ^  n  ''   ,    ^        ,,    .  .i/vi  t     f 

place  for  trials,    vcuient  placc  for  the  trial  of  juvenile   offenders   and  tor 
hearing  applications  for  the  commitment  of  insane  persons 


1874.~CHArTEE  259.  175 

which  shall  l)e  separate  and  apart  from  the  ordinary  and 
nsnal  criminal  trials  and  business  of  the  courts  of  Suffolk 
County. 

Section  4.     One  of  the  trial  justices  mentioned  in  this  p°?  J^^'^f^f^i'^^pg 
act  shall  within  the  judicial  district  of  the  municipal  court  daily  iu  Boston. 
of  the  city  of  Boston  and  at  the  place  mentioned  in  section 
three,  be  in  attendance  daily  (Sundays  and  legal  holidays 
excepted)  at  ten  o'clock  in  the  forenoon  for  the  trial  of 
juvenile  offenders  and  hearing  applications  for  the  commit- 
ment of  insane  persons;  and  trial  justices  in  other  judicial 
districts  of  Suffolk  County  shall,  within  their  respective 
districts,  hold  court  for  the   same  purposes,  as  follows  : 
viz  ; — In  the  southern  district  at  two  o'clock  in  the  after-  southern 
noon  of  each  Tuesday ;  in  the  Dorchester  district  at  ten  Dorchester 
o'clock  in  the  forenoon  of  each  Wednesday  ;  in  the  city  of  ^^^"^^ 
Chelsea  at  ten  o'clock  in  the  forenoon  of  each  Thursday ; 
and  in  the  Charlestown  district  at  ten  o'clock  in  the  fore-  chariestown 
noon  of  each  Friday  ;  and  said  trial  justices  may  hold  their 
courts  on  such  other  days  and  times  as  in  their  opinion 
justice  may  require.     And  within  the  said   county  said 
justices  may  act,   on   any   day,  for  each  other,  when  so 
requested.  Ajjjyroved  May  22, 1874. 

An  Act  in  relation  to  the  charles  river  and  warren  bridges.  (Jj^^    259. 
Be  it  enacted,  &c.,  as  foUoivs  : 

Section  1.     The   care,   management  and   maintenance  care  of  bridges 
of  the  Charles  River  and  Warren  Bridges  is  hereby  vested  Bosfonr 
in  the  city  of  Boston. 

Section  2.     The  city  of  Boston  shall  maintain  the  said  ^SLeVas 
bridges  as  public  highways  at  its  own  expense,  and  in  highways  by 
accordance  with  such  ordinances  as  the  city  council  of  said 
city  may  establish. 

Section  3.     Nothing  in  this  act  shall  release  the  Mid- ^''^•^I'-^fs^.R. 

Ti  -r»'i  -I    r^  f  -I  TIT  •  Co.  not  to  be 

dlesex  Kailroad  Company  from  any  lesfal  oblisfation  no-w  released  from 

...  ,  •-•11  •  •  .•  ..  obligation  to 

existing,  to  mamtam   and  keep  in  repair  any  portion  oi  make  repairs, 
said  bridges,  or  from  any  liability  for  loss  or  injury  that  ^°' 
any  person  may   sustain  by   reason  of  any  carelessness, 
neglect  or  misconduct  of  its  ajjents  or  servants  in  the  con- 
struction,  management  or  use  of  its  tracks  on  said  bridges. 

Section  4.     Chapter  three  hundred  and  three  of  the  Repeal  of  incon- 
acts  of  the  year  eighteen  hundred  and  seventy,  and  all  visions  onsvo, 
other  acts  and  parts    of  acts   inconsistent   herewith   are  ^^^' 
repealed. 

Section  5.     This  act  shall  take  effect  upon  its  passage. 
I  Approved  May  22,  ISTi. 


176 


1874.— Chaptees  260,  261. 


Now  corpora- 
tion may  be 
formed  to  re- 
ceive assign- 
ment of  lease. 


Ch.    260.  ^'  Act  concerning  the  lease  of  the  salem  street  railway, 

AND  AUTHORIZING  THE  FORMATION  OF  A  CORPORATION  TO  ACQUIRE 
the   same  and   MAINTAIN  AND   OPERATE   SAID   RAILWAY. 

Be  it  enacted,  &e.,  as  follows  : 

Section  1.  Fifteen  or  more  persons,  of  whom  the  lessee 
of  the  Salem  Street  Railway  Company  shall  be  one,  may 
associate  themselves  under  chapter  twenty-nine  of  the  acts 
of  the  present  year,  for  the  purpose  of  receiving  an  assign- 
ment of  the  lease  of  said  Salem  Street  Railway  and  its  prop- 
erty, and  of  assuming  the  duties  and  liabilities  of  said  lessee 
under  the  same,  and  on  the  formation  of  a  corporation  the 
said  lessee  may  assign  the  lease  thereto. 
Modification  of        SECTION  2.     lu  the  paper  required  by  section  two  of 

rcciuirenients  of  j.     x  x  »/ 

1874, 29,  §§  2,  7,  Said  act,  the  word  "  leased  "  shall  be  used  instead  of  the 
word  "  built,"  in  the  paper  required  by  section  seven,  the 
word  "lease"  shall  be  used  instead  of  the  words  "locate, 
construct,"  and  in  the  paper  required  by  section  eight,  the 
word  "  leasing  "  shall  be  used  instead  of  the  words  "  locat- 
ing, constructing." 

Section  3.  The  proceedings  already  had  for  locating 
the  tracks  and  fixing  the  route  of  the  Salem  Street  Railway 
Company,  shall  for  the  purpose  of  organizing  the  company 
hereby  authorized,  be  of  the  same  effect  as  if  had  under 
said  chapter  twenty-nine  of  the  acts  of  the  present  year. 

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

Aju^roved  May  22,  1874. 


Proceedings 
couflrmed. 


Additional 
$3,000  may  be 
used  for  pur- 
chase of  land 
and  erection  of 
building. 


Ch.    261.  An  act  in  addition   to  an  act  to  incorporate  the  sawin 

ACADEMY  IN   SHERBORN. 

Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.  The  Sawin  Academy  may  appropriate  from 
the  principal  of  the  Sawin  trust  estate,  a  sum  not  exceed- 
ing three  thousand  dollars,  in  the  purchase  of  a  lot  of  land 
and  the  erection  of  a  building  thereon,  for  a  public  school 
as  provided  in  the  will  of  Martha  Sawin,  in  addition  to  the 
sum  of  fifteen  thousand  dollars,  which  said  academy  was 
authorized  to  appropriate  for  said  purpose  by  section  four 
of  chapter  one  hundred  and  seventy-nine  of  the  acts  of 
eighteen  hundred  and  seventy-one. 

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

Ajiprorcd  May  22,  1874. 


1874.— Chapters  262,  263,  264.  177 

An  Act   to   legalize  certaix  acts   of  the  central  square  rjj      '2iQ'2i 

BAPTIST   society   OF   EAST  BOSTON  AND   FOR   OTHER  PURPOSES. 

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

Section  1.     The  admissiou  of  members,  the  election  of  fo°firmid fnd 
officers,  the  receiving  and  giving  of  deeds,  and  any  and  all  made  valid. 
other  business  transactions  of  the  Central  Square  Baptist 
Society  in  Boston  since  its  incorporation,  are  hereby  rati- 
fied, contirmed  and  made  valid  to  the  same  extent  as  if  the 
members  had   been  legally  admitted  to  said  society :  pro-  Proviso. 
vided,  that  hereafter  no  action  of  the  officers  or  members 
of  said  society  shall  be  legal  by  virtue  of  this  act  unless 
they  shall  first  signify  in  writing  their  consent  to  become 
or  remain  members  of  said  society. 

Sectiox  2.     The  second  section  of  the  act  of  iucorpora-  Amendment  to 
tion  of   said  society  approved  March    fifteenth    eighteen 
hundred  and  fifty-three,  is  hereby  amended  by   striking 
out  the  word  "  forty,"  and  inserting  in  place  thereof  the 
w^ords  "  one  hundred." 

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

Approved  May  22,  1874. 

An  Act  to  ahexd  chapter  eightt-one  of  the  acts  of  eighteen  (J]i,    263. 

HUNDRED  AND  TWENTY-SlX  RELATIVE  TO  THE  TRUSTEES  OF  THE 
NEW  ENGLAND  CONFERENCE  OF  THE  METHODIST  EPISCOPAL 
CHURCH. 

Be  it  enacted,  &c.,  as  follows: 

Chapter  eighty-one  of  the  acts  of  one  thousand  eight  Amendment  to 
hundred  and  twenty-six  is  amended  by  inserting  after  the 
words  '"or  other  estate  real  or  personal,"  the  words  "and 
shall  have  power  to  convey  the  same  by  deed  or  otherwise.'' 

Approved  May  22, 1874. 

An  Act  concerning  prison  records  and  returns.  (7/i.    264. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  It  shall  be  the  duty  of  the  keepers  of  ^if P^^^accuf^^ 
all  prisons  and  workhouses  in  the  Commonwealth,  includ-  rate  records. 
ing  the  state  prison,  the  state  workhouse,  the  reformatory 
prison  for  women,  and  the  houses  of  industry  and  correc- 
tion in  the  city  of  Boston,  to  keep  full  and  accurate 
records  of  all  prisoners  admitted  and  maintained  in,  or 
discharged  from  their  several  prisons,  and  to  make  such 
returns  concerning  them  as  may  be  required  from  time  to 
time  by  the  commissioners  of  prisons. 

Section  2.      Such  annual  returns  of  the  number,  cost  Annual  retuMs. 
of  support,  salaries  of  prison   officers,   employment   and 

k earnings  of  prisoners,  and  other  particulars  in  regard  to 
23 


178 


1874.— Chapter  265. 


Penalty  for 
neglect  of  duty. 


the  several  prisous  in  the  Commoiiwecalth,  their  manage- 
ments and  discipline,  as  may  be  required  from  time  to 
time  by  the  commissioners  of  prisons,  shall  be  made  by 
the  warden  and  inspectors  of  the  state  prison,  the  superin- 
tendent of  the  state  workhouse,  the  authorities  of  the 
reformatory  prison  for  women,  the  sheriffs  and  commis- 
sioners of  the  several  counties,  and  the  board  of  directors 
of  public  institutions  for  the  city  of  Boston,  on  or  before 
the  fifteenth  day  of  October  in  each  year. 

Section  3.  If  any  of  the  officers  enumerated  in  sec- 
tion two  neglect  or  refuse  to  make  the  returns  prescribed 
at  the  time  specified  by  the  commissioners  of  prisons,  or 
withhold  the  annual  return  after  the  fifteenth  day  of 
October  in  each  year,  said  officer  shall  forfeit  one  dollar 
for  each  day's  neglect,  andthe  amount  of  such  forfeiture  shall 
be  deducted  from  any  salary  or  compensation  allowed  by 
law  to  such  ofiicer,  at  the  first  monthly  payment  after  the 
fact  of  such  forfeiture  having  been  incurred  is  reported  to 
the  proper  auditing  and  disbursing  officer. 

Ajjproved  May  26,  1874. 

(Jll.      265.   -^N   -^CT    RELATING    TO     THE    APPORTIONMENT   OF  THE    EXPENSE   OF 

MAINTAINING  FERRIES. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.  In  any  case  of  a  ferry  now  established 
between  two  towns,  or  when  the  county  commissioners  of 
any  county  shall  judge  it  necessary  to  establish  a  ferry 
between  two  towns,  said  commissioners  upon  the  applica- 
tion of  ten  legal  voters  of  either  of  such  towns,  may, 
after  such  notice  to  said  towns  as  said  commissioners  may 
order,  and  hearing  thereon,  determine  and  order  that  they 
shall  maintain  said  ferry,  either  jointly  or  alternately,  or 
that  the  expense  of  maintaining  said  ferry  shall  be  l)orne 
by  such  towns  equally  or  in  any  proportions  that  the  said 
commissioners  shall  judge  to  be  just  and  equitable.  The 
determination  and  order  of  the  commissioners,  made  as 
aforesaid,  shall  be  final  upon  the  towns  interested  :  pro- 
vided, however,  that  at  any  time  thereafter  and  from  time 
to  time,  as  the  exigency  may  require,  the  county  com- 
missioners of  such  county,  upon  like  application  and  after 
like  notice  and  hearing  may  make  such  new  determination 
and  order  in  the  manner  above  provided,  as  they  shall  then 
judge  to  be  just  and  equitable. 

Section  2.  A  town  neglecting  to  maintain  a  ferry  as 
provided  in  the  foregoing  section,  shall  forfeit  for  each 


County  com- 
missioners may 
apportion  ex- 
pense of  main- 
taining ferries 
between  towns. 


Proviso. 


Penalty  for  neg. 
lecting  to  main- 
tain ferry. 


1874.— Chapter  266.  179 

month's    neglect    a    sum    not    exceeding    one    hiindrecl 
dollars. 

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

Approved  May  26,  187-i. 

An  Act  in  relation  to  the  partition  of  lands.  Oil.    266. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     Probate    courts     shall     have     concurrent  Probate  courts 
jurisdiction  with  the  supreme  judicial  court  and  the  supe-  rent  jurisdiction 
rior  court,  of  petitions  for  partition  of  lands  held  by  joint  Nation  to  par"^ 
tenants,  co-parceners  or  tenants  in  common,  in  cases  where  ""on  of  lands. 
the  shares  or  proportions  do  not  appear  to  be  in  dispute  or 
uncertain.     Whenever  it  appears  to  the  judge  of  the  pro- 
bate court  in  wdiich  the   petition  for  partition  is  tiled,  by 
adverse  claim  or  otherwise  that  the  shares  are  in  dispute 
or  uncertain  the  court  may  order  the  case  removed  to  the 
superior  court,  and  the  case  shall  be  so  removed  at  the 
request  of  any  party  in  interest. 

Section  2.     Whenever   such   petition   is   removed   as  Petitioner  to  aie 
aforesaid    the    petitioner  shall  file  at  the  superior  court  papers °fiiedia 
next  to  be  held  in  the  county,  certified  copies  of  all  papers  *'''=^*^- 
filed  in  the  case  and  duly  enter  his  petition  at  said  court, 
Avhereupon  it  shall  be  tried  and  determined  in  like  manner 
as  if  it  had  been  originally  commenced  in  said  court. 

Section  3.     When  partition   is   made  in  the  probate  Partition  to  be 
court  it  shall  be  in  like  manner  and  by  like  proceedings  oA'eai  estate  of 
as  said  court  may  now  make  partition  of  the  real  estate  of  son!^'^''*^*^  ^'^'^' 
a  deceased  person  among  heirs  or  devisees  :  provided,  that 
when  any  party  dies  during  the  pendency  of  the  petition 
the  share  or  proportion  belonging  to  him  may  be  assigned 
in  the  name  of  such   deceased  person  to  his  estate  to  be 
held  and  disposed  of  in  the  same  mauner  as  if  such  parti- 
tion had  been  made  prior  to  his  decease. 

Section  4.     Upon   any   petition    for   partition    in  the  Notice  may  be 
probate   court,  the  notice  required  by  law   may  be  dis-  pan^iL  in^in- 
pensed  w^ith  when  all  the  parties  in  interest  signify  in  **^'"''**" 
writing  their  assent  to  the  partition  or  waive  notice. 

Section  5.     Chapter  one  hundred  and  twenty-one  of  Repeal  of  i869, 
the  acts  of  the  year  eighteen  hundred  and   sixty-nine  is 
repealed  ;  but  such  repeal  shall  not  aflect  any  proceeding 
already  commenced  under  said  chapter. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  May  2G,  1874. 


180 


1874.— Chapters  267,  268,  269. 


Fees  and  ex- 
penses at  Are 
inquests  to  be 
paid  by  city  or 

town. 


Amendment  to 
1867,  303,  §  1, 
and  18T3,  283. 


Repeal  of  1867, 
303,  §  7. 


Ch.    267.  -A^N  Act  in  relation  to  inquests  in  cases  of  fiee. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.  The  fees  of  the  magistrate  and  the  ex- 
penses of  any  inquisition  hereafter  held  under  the  pro- 
visions of  chapter  three  hundred  and  three  of  the  acts  of 
the  year  eighteen  hundred  and  sixty-seven,  shall  be 
returned  to  the  mayor  and  aldermen  or  selectmen  of  the 
city  or  town  where  the  property  was  destroyed,  and  being 
audited  and  certified  by  them  shall  be  paid  l3y  such  city  or 
town. 

Section  2.  Section  one  of  chapter  three  hundred  and 
three  of  the  acts  of  eighteen  hundred  and  sixty-seven,  as 
amended  by  chapter  two  hundred  and  eighty-three  of  the 
acts  of  eighteen  hundred  and  seventy-three,  is  further 
amended  by  striking  therefrom  the  limitation  of  time 
within  which  complaints  ma}^  be  subscribed  and  sworn  to. 

Section  3.  Section  seven  of  chapter  three  hundred 
and  three  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-seven  is  repealed.  •         Aj)proved  May  26, 1874. 

Ch.      268.  ^   -^CT  FIXING  THE  SALARY  OF  THE  CLERK  OF  THE  COURTS  FOR 

THE  COUNTY  OF  FRANKLIN. 

Be  it  enacted,  &c.,  as  folloios  : 

Section  1.  The  clerk  of  the  courts  for  the  county  of 
Franklin  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  sura  of  fifteen  hundred  dollars  instead 
of  twelve  hundred  dollars  as  now  provided  by  law. 

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

Approved  May  26,  1874. 

Ch.      269.   ^N   ^CT     TO     ESTABLISH    THE    SALARIES    OF    CERTAIN    JUDGES    AND 
REGISTERS    OF  PROBATE   AND   INSOLVENCY. 

Be  it  enacted,  &c.,  as  follows  : 
Salaries  of  Section  1.     The  judgcs  and  registers  of  probate  and 

istefs^of probfte  iusolveiicy  for  the  following  named  counties  shall  receive 
and msoivency.   £j.qj^  ^j^g  treasui'y  of  the  Commonwealth  annual  salaries,  as 

follows  : — 

Bristol. 


Salary  fixed  at 
$1,500  a  year. 


Plymouth. 


Barnstable. 


For  the  county  of  Bristol,  the  judge,  eighteen  hundred 
dollars,  and  the  register  eighteen  hundred  dollars. 

For  the  county  of  Plymouth,  the  judge  fifteen  hundred 
dollars,  and  the  register,  fifteen  hundred  dollars. 

For  the  county  of  Barnstable,  the  judge,  one  thousand 
dollars,  and  the  register,  one  thousand  dollars. 


I 


1874.— Chapters  270,  271.  181 

And  all  such  salaries  shall  be  paid  from  the  first  day  of  ]°^^j;\^^^^l 
January  last. 

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

Approved  May  26,  1874. 

An  Act  relating  to  the  old  south  sociETr  m  boston.         (JJi^    270. 
Be  it  enacted,  &c.,  as  folloivs: 

lu  any  suit  in  equity  brought  before  the  supreme  judicial  okf'south°^ 
court  to  obtain  the  sanction  of  the  said  court  to  a  sale  or  ?' Bo"t|n°o'^e 
lease  or  .other  transfer  or  disposition   of  the   Old  South  determined  by 
Meeting-House  and  the  land  under  and  adjacent  to  the 
same,  the  said  court  shall  possess  and  exercise  the  same 
powers  and  be  governed  by  the  same  principles  of  equity 
law  as  if  the  said  land  had  not  been  the  subject  of  any 
special  legislation  concerning  power  to  lease  the  same. 

The  meetino'-house  shall  not  ])e  leased  or  sold  or  in  any  Not  to  be  sold 

IT  •!  •  1  c  Till  ^  L    •         1   until  autborized 

way  disturbed  until  authority  theretor  shall  be  obtainea  by  the  court, 
from  said  court ;  but  this  shall  not  prevent  the  restoration 
of  the  pews    and    other    changes    by  the  United    States 
according  to  the  terms  of  the  existing  lease. 

Approved  May  26,  1874. 

An  Act  relating  to  the  municipal  courts   op  the  city  of  rij,      ^^\ 

BOSTON.  *      "* 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  criminal  and  civil  jurisdiction  of  the  jurisdiction  of 
municipal  court  of  the  city  of  Boston  shall  embrace  the  iTBiston.  *'°"'^ 
district  and  territory  now  included  in  wards  two,  three, 
four,  five,  six,  ward  seven  westerly  of  Fort  Point  Channel, 
and  wards  eight,  nine,  ten  and  eleven  of  the  said  city  of 
Boston. 

Section  2.     The  criminal  and  civil  jurisdiction  of  the  Jurisdiction  of 
municipal  court  for  the   southern  district  of  the  city  of  S" the'southern 
Boston  shall  emln-ace  the  district  and   territory  now  in-  <^'^""='- 
eluded  in  wards  thirteen,  fourteen  and  fifteen  of  the  city 
of  Boston  ;  and  said  court  shall  hereafter  be  known  and 
described  as  the  municipal  court  of  the  Highland  district. 

Section  3.     The  criminal  and  civil  jurisdiction  of  the  Jurisdiction  of 
municipal  court  of  the  Dorchester  district  shall  embrace  Chester  district. 
the  district  and  territory  now  included  in  ward  sixteen  of 
said  city  of  Boston. 

Section  4.     The  criminal  and  civil  jurisdiction  of  fhe  jurisdiction  of 
municipal  court  for  the  Charlestowu  district  of  the  city  of  chariestown 
Boston  shall  embracjB  the  district  and   territory  now  in-  '^'®'^"*^*- 
eluded  in  wards  twenty,  twenty-one  and  twenty-two  of  the 


182  1874.— Chapter  271. 

city   of  Boston   and  said  court  shall  hereafter  be  known 
and  described  as  the  municipal  court  of  the  Charlestown 
district. 
Courts  to  have         Section  5.     Tlic  Original  criminal  jurisdiction  of  each 
jurisdiction  of    of  Said  courts  withiu  its  district,  in  addition  to  the  juris- 
deg"e™o7feioiiy,  dictiou  coufcrrcd  by  existing  laws,  shall  include  all  crimes 
except,  &c.        under  the  degree  of  felony,  except  conspiracies  and  libels 
and  cases  where  a  prosecution  by  indictment  or  informa- 
tion is  required  by  law,  and  shall  be  exclusive  of  the  juris- 
diction of  any  other  municipal  or  police  court,  trial  justice, 
Proviso.  or  justice  of  the  peace  :  provided,  however,  that  the  juris- 

diction of  trial  justices  of  juvenile  offenders  shall  be  ex- 
ercised as  heretofore.  Each  of  said  courts  may  impose 
the  same  penalties  ils  may  be  imposed  by  the  superior 
court  in  like  cases.  But  an  offence  committed  on  the 
boundary  line  of  two  of  such  districts,  or  within  fifty  rods 
of  the  dividing  line  between  them,  may  be  alleged  to  have 
been  committed,  and  may  be  prosecuted  and  punished  in 
either  district. 
Exclusive  juris-       SECTION  6.     lu  all  civil  actious  an ct  proceedings  (cxccpt 

diction  in  all  ,  i  •   i  i  •  •       •  \  i  i 

cases  where  debt  whcre  the  titlc  to  real  estate  is  put  in  issue),  wnerp  the 

does  not  exceed     i/<n.  •  iy  •  i_     •       ^  ij.j.  j.i 

$100.  defendant,   or,  it   suit   is   begun    by  trnstee  process,  the 

trustee  resides,  or  has  his  usual  place  of  business  in  its  dis- 
trict, or,  if  there  are  two  or  more  defendants  or  trustees, 
where  all  said  defendants  or  trustees  reside  or  have  their 
usual  places  of  business  in  its  district,  the  jurisdiction  of 
each  of  said  courts  shall  be  exclusive,  when  the  debt,  or 
damages  demanded,  or  property  replevied  does  not  exceed 
in  value  one  hundred  dollars,  and  shall  be  concurrent  with 

Concurrent        tlic  supedor  coui't  for  the    county  of  Suffolk,  where  the 

jurisdiction  with    -t    ->  ,  i  -i  -i     -\  ,  i-ii 

superior  court    dcbt  or  daniagcs  demanded,  or  property  replevied  does 
To^t'^esc'led  $3oo!  "ot  cxcced  lu  valuc  three  hundred  dollars. 
Concurrent  Section  7.     Tlic  coucurrent  civil  jurisdiction  of  cach  of 

other  courts       Said  courts  with  any  other    municipal,  district  or  police 
abolished.  court,  or  justicc  of  the  peace,  is  hereby  abolished  :  jpro- 

vided,  however,  that  suit  may  be  brought  in  any  district 
where  one  or  more  of  several  defendants,  or  if  suit  be  l)e- 
gun  by  trustee  process,  one  or  more  of  several  trustees  re- 
side or  have  his  or  their  usual  place  or  places  of  business. 
Exclusive  juris-  SECTION  8.  Each  of  Said  coui'ts  sliall  have  original  and 
actions  under  cxclusive  jurisdictioii  of  all  actions  under  chapter  one  hun- 
dred and  thirty-seven  of  the  General  Statutes,  whenever 
the  premises  in  controversy  are  situate  within  its  district. 
But  said  actions  shall  be  heard  and  determined  by  a  justice 


G.  8.  137. 


1874.— Chaptee  271.  183 

of  the  court,  subject  to  the  right  of  appeal  to  the  superior 
court  upou  giving  boud  in  the  manner  provided  by  chapter 
three  hiuidred  and  fifteen  of  the  acts  of  one  thousand  eight 
hundred  and  seventj^-one. 

Section  9.  The  writs  and  other  processes  of  each  of  ^^if^^y  fan""' 
said  courts  may  run  into  any  county,  for  the  purpose  of  into  any  county. 
attaching  property,  of  service  on  a  defendant  or  trustee,  of 
summoning  witnesses,  of  levying  execution,  and  for  all 
other  purposes  incident  to  its  jurisdiction,  and  may  be 
served  aud  executed  by  the  sheriff  of  any  county  or  his 
deputies,  or  by  any  constable  of  any  city  or  town  qualified 
to  serve  civil  process.  Whenever  a  party  defendant  or 
trustee  is  summoned  out  of  the  county  in  which  he  resides 
or  has  his  usual  place  of  business,  the  writ  shall  be  served 
on  such  party  at  least  fourteen  days  before  the  return  day. 

Section  10.  On  the  return  day  of  the  writ  in  any  civil  ^^^^  °^^"''^'  ^y 
action  or  proceeding  in  any  of  said  courts,  except  the 
municipal  court  of  the  city  of  Boston,  and  except  as  pro- 
vided in  section  eight,  any  party  thereto  may  demand  a 
trial  by  jury,  in  writing,  which  shall  be  granted  by  said 
court.  If  neither  party  demand  a  trial  by  jury,  the  right 
to  have  such  trial  shall  be  taken  to  l)e  waived.  Where  a 
jury  is  claimed  under  this  act,  the  provisions  of  chapter 
one  hundred  and  thirty-two  of  the  General  Statutes  and  of 
all  acts  in  amendment  thereof,  shall  be  applical:)le  to  the 
proceedings  incident  thereto,  and  the  clerk  of  each  of  said 
courts  shall  have  all  the  powers  and  perform  all  the  duties 
devolved  in  the  like  case  upon  clerks  of  the  superior  and 
supreme  judicial  court  under  said  chapter.  The  judgment 
of  said  court  upon  a  verdict  shall  be  final,  unless  exceptions 
in  matters  of  law  are  had  as  hereinafter  provided. 

Section  11.     Sections  seven,  eight,  nine,  eleven,  twelve.  Provisions  of 
twenty-six,  forty  and  seventy-eight  of  chapter  one  hundred  ^' 9%if  i2f ^26^ 
and  twenty-nine  of  the  General  Statutes,  shall  apply  to  to'clvhact.w^ 
civil  actions  before  said  courts.     They  may  at  any  time 
require  a  defendant  to  file  an  answer,  or  order  a  new  trial 
for  any  cause  for  Avhich  a  new  trial  may  be  granted.     And 
upon  pleas  in  abatement,  or  motions  to  dismiss  for  defect 
of  form  in  process,  the  decision  of  said  courts  shall  be  final. 

Section  12.     In  all  civil  actions  and  proceedings  in  the  Right  of  appeal. 
municipal  court  of  Boston,  appeals  shall  lie  to  the  superior 
court  in  the  manner  now  provided  by  law.     In  each  of 
said  courts  except  the  municipal  court  of  the  city  of  Bos- 
ton, in  all  civil  actions  and  proceedings,  except  where  a 


184  1874.— Chaptee  271. 

jury  trial  is  had,  or  where  the  value  of  the  property  re- 
plevied or  the  amount  claimed  in  the  writ  does  not  exceed 
fifty  dollars,  appeals  shall  lie  to  the  superior  court  in  the 
manner  now  provided  by  hiAV  for  taking  appeals  from  the 
judgments  of  justices  of  the  peace.  In  actions  and  pro- 
ceedings where  trial  by  jury  is  had,  exceptions  from  each 
of  said  courts  in  matters  of  law  shall  lie  to  the  superior 
court  for  the  county,  shall  be  entered  at  the  then  next 
existing  or  next  ensuing  term  of  said  court,  and  shall 
be  heard  and  determined  in  the  manner,  and  at  times, 
to  be'  prescribed  by  general  rules  of  said  superior  court. 
Any  party  deeming  himself  aggrieved  by  such  determina- 
tion, may  cause  such  exceptions  to  be  entered,  heard  and 
determined  in  the  supreme  judicial  court,  under  the  same 
conditions,  in  the  ^same  manner,  and  with  the  same  effect, 
as  if  said  exceptions  had  originally  been  taken  and  allowed 
in  the  superior  court :  j^iwided,  howevei-,  that  where  such 
exceptions  are  sustained  by  the  superior  court,  the  cause 
shall  be  at  once  remanded  to  the  municipal  court  for  a  new 
trial;  aud  provided,  further,  that  in  all  cases  of  exceptions 
or  appeals  on  matters  of  law,  if  the  judgment  or  rulings  of 
the  municipal  court,  being  affirmed  by  the  superior  court, 
are  also  affirmed  by  the  supreme  judicial  court,  the  pre- 
vailing party  shall  recover  double  costs  unless  the  supreme 
judicial  court  shall  otherwise  order. 

Repeal  of  1862,  SECTION  13.  Scctiou  four  of  chapter  two  hundred  and 
seventeen,  of  the  acts  of  one  thousand  eight  hundred  and 
sixty-two,  and  all  other  acts  or  parts  of  acts  authorizing 
the  removal  of  actions  from  the  municipal  court  of  Boston 
to  the  superior  court,  are  repealed,  except  where  the  title 
to  real  estate  is  put  in  issue. 

Municipal  court       Section  14.      A    court    is    hereby  established    in    that 

of  West  Rox-  •  /.     1  •  /•   T->  111 

bury  district,  portiou  of  the  City  oi  Bostou  lately  known  as  the  town  of 
West  Roxbury,  and  now  forming  ward  seventeen  of  said 
city,  under  the  name  of  the  municipal  court  of  the  West 
Roxhury  district,  and  the  territory  now  comprised  within 
the  limits  of  said  ward  shall  constitute  a  judicial  district 
under  the  jurisdiction  of  said  court. 

Brighton  dis.  A  court  is  hereby  established  in  that  portion  of  the  city 

of  Boston  lately  known  as  the  town  of  Brighton,  and  now 
forming  ward  nineteen  of  said  city,  under  the  name  of  the 
municipal  court  of  the  Brighton  district,  and  the  territory 
now  comprised  within  the  limits  of  said  ward  shall  consti- 
tute a  judicial  district  under  the  jurisdiction  of  said  court. 


1874.— Chaptee  271.  185 

A  court  is  hereb}'  established  in  South  Boston,  under  south  Boston 
the  name  of  the  municii).il  court  of  the  South  Boston  dis- 
trict, and  ward  twelve  of  the  city  of  Boston,  and  so  much 
of  ward  seven  of  said  city  as  lies  eastward  of  Fort  Point 
Channel,  shall  constitute  a  judicial  district  under  the  juris- 
diction of  said  court. 

A  court  is  hereby  established  in  East  Boston,  under  the  East  Boston 
name  of  the  municipal  court  of  the  East  Boston  district, 
and  ward  one  of  the  city  of  Boston  and  the  town  of  Win- 
throp  shall  constitute  a  judicial  district  under  the  jurisdic- 
tion of  said  court. 

Each  of  the  said  courts  shall  have  the  same  original  and  50"]^^,'"*'°°  °^ 
exclusive  criminal  and  civil  jurisdiction  within  its  said 
district,  and  the  same  concurrent  criminal  jurisdiction  with 
the  superior  court,  and  shall  have  the  same  concurrent 
civil  jurisdiction  with  the  superior  court,  or  with  any  other 
municipal  district  or  police  court,  or  justice  of  the  peace, 
and  shall  have  the  same  power  and  authority,  and  perform 
the  same  duties,  and  be  subject  to  the  same  provisions  as 
the  respective  municipal  courts  herein  before  mentioned 
(other  than  the  municipal  court  of  the  city  of  Boston)  now 
have  or  are  subject  to,  either  by  virtue  of  this  act  or  any 
existing  provisions  of  law.  And  all  provisions  of  law 
relating  to  criminal  and  civil  pi*oceedings,  the  taxation  of 
1  costs,  the  payment  of  fines,  the  expenses  of  court,  the 
accounting  and  settling  with  the  city,  county  or  town 
treasurers  for  money  paid  into  court  as  forfeitures  or 
otherwise,  and  all  returns  or  requirements  of  law,  now 
I  applicable  to  the  existing  municipal  courts  herein  before 
[mentioned  (other  than  the  municipal  court  of  the  city  of 
Boston),  shall  apply  to  the  courts  herebj^'  established. 

Section  15.     Tlie  several  courts  herein  named  or  estab- P°n™."?nt 

..,..  jurisdiction  with 

'lished,  shall  have  concurrent  jurisdiction  over  all  waters,  superior  court 
islands  and  places,  not  included  in  any  district  herein  de-  &c.,  not  inciud- 
fined,  which  are  now  within  the  jurisdiction  of  the  superior  tr1ct  ^°^'^^' 
court  for  the  county  of  Suffolk :  excepting,  however,  the 
city  of  Chelsea  and  the  town  of  Revere. 

Section  16.     Each   of  the   courts    hereby  established  fj'.f.^^o/^ne 
shall  consist  of  one  standing  iustice  and  two  special  ius-  standingand 

.-,  V.  T-,  i'r«i  *^°  special 

tices,  to  be  appointed,  commissioned  and  c|uahhed  pursuant  justices. 
to  the  constitution  and  laws  of  the  Commonwealth,  each  of 
whom  may  issue  warrants.     And  no  justice  of  the  peace 
shall  be  allowed  any  fee  for  warrants  issued  within  any  of 
said  districts. 

24 


186 


1874.— Chapter  271. 


Salaries  of 
justices  of  South 
Boston,  East 
Boston,  West 
Roxbury  and 
Brighton  dis- 
tricts. 


Salaries  of  jns- 
tice  and  clerk  of 
Charlestown 
district. 


Clerks  to  be 
appointed  by 
governor. 


Clerk  of  muni- 
cipal court  of 
Boston  may 
appoint  two 
assistant  clerks. 


Section  17.  The  standing  justice  of  the  municipal 
court  of  the  South  Boston  district  shall  receive  an  annual 
salary  of  two  thousand  dollars,  and  the  standing  justices 
of  the  municipal  courts  of  the  East  Boston  district,  of  the 
West  Roxbury  district  and  of  the  Brighton  district,  shall 
severally  receive  an  annual  salary  of  one  thousand  six  hun- 
dred dollars,  to  be  paid  from  the  treasury  of  the  Common- 
wealth. The  compensation  of  the  special  justices  for 
duties  performed  by  them,  in  case  of  the  sickness,  interest, 
absence  or  other  disability  of  the  standing  justice,  shall  be 
paid  by  the  standing  justices  as  provided  by  section  four- 
teen, chapter  four  hundred  and  sixteen  of  the  acts  of  one 
thousand  eight  hundred  and  sixty-nine. 

Section  18.  The  annual  salaiy  of  the  standing  justice 
of  the  said  municipal  court  of  the  Charlestown  district, 
shall  be  two  thousand  dollars,  and  the  annual  salary  of 
the  clerk  of  said  court  shall  be  one  thousand  five  hundred 
dollars,  the  same  to  take  effect  from  the  first  day  of 
January  eighteen  hundred  and  seventy-four. 

Section  19.  There  shall  be  a  clerk  of  each  of  the 
courts  hereby  established,  who  shall  be  appointed  and 
commissioned  by  the  governor,  for  the  term  of  five  years. 
Said  clerks  shall  severally  perform  all  the  duties  and  have 
all  the  powers  now  belonging  to  the  clerks  of  the  municipal 
courts  first  herein  before  mentioned,  and  shall  receive  for 
annual  salary  and  clerk  hire  the  sum  of  one  thousand 
dollars  each,  to  be  paid  monthly  from  the  treasury  of  the 
Commonwealth,  and  shall  give  bond  in  the  sum  of  five 
thousand  dollars  each  for  the  faithful  performance  of  the 
duties  of  said  office. 

Section  20.  The  clerk  of  the  municipal  court  of  the 
city  of  Boston,  for  the  transaction  of  civil  business,  may, 
subject  to  the  approval  of  the  justices  of  said  court,  or  a 
majority  of  them,  appoint  two  assistant-clerks,  who  shall 
be  removable  at  his  pleasure,  and  for  whose  doings  he 
shall  be  responsible.  Such  assistants  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  them  as  such  assistants.  The 
salarj''  of  the  first  assistant  clerk  shall  be  at  the  rate  of  one 
thousand  eight  hundred  dollars,  and  the  salary  of  the 
second  assistant  clerk  shall  be  at  the  rate  of  one  thousand 
two  hundred  dollars,  by  the  year,  to  be  paid  in  the  manner 
now  provided  by  law  for  the  payment  of  the  salary  of  the 
assistant  clerk  of  said  court  for  civil  business. 


1874.— Chaptees  272,  273,  274.  187 

Sectiox  21.     All  proceeclinsrs  duly  commenced  before  ah  proceedings 
•  •     1         T  Ti-  i      ii'     i.'  "^uiy  'Ioni- 

an}'  municipal,    police,    district   court,    trial  justice,    or  mencccuobe 

justice  of  the  peace  prior  to  July  first,  one  thousand  eight  deterrnineaf^ 
hundred  and  seventy-four,  shall  be  prosecuted  and  deter- 
mined as  though  this  act  had  not  been  passed. 

Sectiox  22.  So  fav  as  it  provides  for  appointing,  when  to  take 
commissioning  and  qualifying  the  standing  justices,  special 
justices  and  clerks  of  the  courts  hereby  established,  this 
act  shall  take  effect  upon  its  passage,  and  shall  take  full 
eflect  on  the  thirtieth  day  of  June,  one  thousand  eight 
hundred  and  seventy-four.  Approved  May  26,  1874. 

An  Act  relating  to  superintendents  of  schools.  (7/^.    272. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .     The  school  committee  of  any  city  may  ap-  school  commit- 
point   and  nx  the   compensation   ot   a  supermtenat-nt  ot  appoint  super- 
public  schools,  a  majority  vote  of  the  whole  board  being  gcho'i)is"an'd  fix 
necessary  for  that  purpose  ;   and  in  every  city  where  a  compensation. 
superintendent  is  appointed,  the  school  committee   shall 
receive  no  compensation. 

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

App?'Oved  May  28,  187-4. 

An  Act  fixing  the  times  and  places  of  holding  the  probate  QJ^^    273. 

COURTS  IN  THE   COUNTY   OF  ESSEX. 

Be  it  enacted,  &c.,  as  foliates: 

Section  1.  After  the  first  day  of  October  next,  the  Probate  courts 
terms  of  the  probate  court  for  the  county  of  Essex,  shall  "*  **^^  ouny. 
be  held  at  Salem  on  the  first  Mondays  of  every  month  and 
the  third  ^Mondays  of  every  month  except  August ;  at  Law- 
rence on  the  second  Mondays  of  January,  March,  May, 
June,  July,  September  and  November  ;  at  Haverhill  on  the 
second  Mondays  of  April  and  October ;  at  Newburyport 
on  the  fourth  Mondays  of  January,  March,  May,  June, 
July,  September  and  November ;  and  at  Gloucester  on 
the  fourth  Mondays  of  April  and  October,  in  each  j^ear, 
instead  of  at  the  times  and  places  now  provided  by  law. 

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

Axii:)roved  May  28,  1874. 

An  Act  for  the  more  efficient  relief  of  the  poor.  rjj^     274 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.    Any  person  of  the  age  of  twenty-one  years  settlement 
who  resides  in  any  place  within  this  state  for  five  years  to-  fears'  residence 
gether  and  pays  all  state,  county,  city  or  town  taxes  duly  taxeffoMhree 

years. 


188  1874.— Chapters  275,  276. 


fissessed  on  his  poll  or  estate  for  any  three  years  within 
that  time  shall  thereby  gain  a  settlement  in  such  place. 
Settlement  SectiOx  2.    Any  woman  of  the  age  of  twenty-one  years 

woman  by  live    wlio  rcsicles  in  auy  place  within  this  state  for  five  years  to- 
n^'li'not'reJpi'r.'''  scthcr  without  receivins:  relief  as  a  pauper  shall  there 


and  not  receiv-    gcniei  w  iLuuut  leueiviug  iKiiei  US  It  paupcr  sliall  thereby 

fas  a       o-;iin  n   sptflpnipnt  in  snph   nlnpp.       Tli 

pauper. 


ing  relief  as  a     g.^j^-^  ^  Settlement  lu  sucli  placc.     The  first  section  of  the 


three  hundred  and  ninety-second  chapter  of  the  acts  of 
eighteen  hundred  and  seventy  is  hereby  repealed. 
Existing  settle-        Sectiox  3.     No  existiu2:  settlement  shall  be  chansjed 

ment  not  ..  /'i-  i  i  •  -i  i 

changed,  unless,  by  au}^  provisiou  01  this  act  uulcss  the  entire  residence  and 
taxation  herein  required  accrues  after  its  passage ;  but  any 
unsettled  person  shall  be  deemed  to  have  gained  a  settle- 
ment upon  the  completion  of  the  residence  and  taxation 
herein  required,  though  the  whole  or  a  part  of  the  same 
accrues  before  the  passage  of  this  act. 
Pro\'isiong  not         Sectiox  4.     Tlic  provisious  of  this  act  shall  not  apply 
mates  of  lunatic  to  any  pcrsoii  wlio  at  the  date  of  its  passage  is  an  inmate 
hospitals,  &c.     ^^  either  of  the  state  lunatic  hospitals,  the  asjdum  for  the 
insane   or  the  state  almshouse   at  Tewksbury,  the  state 
workhouse,  or  the  state  primary  school,  until  such  person 
has  been  duly  discharged  from  said  institution. 

Ajyproved  May  28,  1874. 

Ch.      275.   ^^  ■^^'^  ^  RELATION  TO  THE   LAYIKG   OUT   OF  HIGHWAYS  AND  TOWN 

WAYS. 

Be  it  enacted,  &c.,  as  follows  : 
hehiki'Iuu^l.,      Sectiox  1.     Highways  and  town  ways  may  be  laid  out, 
by  cities  .-ind      coustructcd,    altered,    widened,    graded    or   discontinued 

towDs  under  •'     cr 

G.  s.  43,  not-      under  the  provisions  of  chapter  forty-three  of  the  General 

their^acceptfnce  Statutes,  aud  any  general  laws  in  amendment  thereof,  uot- 

of^betterment     ^rjthstanding  the  acceptance  by  any  city  or  town  of  any 

act  authorizing  the  assessment  upon  estates  benefited  of  a 

portion  of  the  cost  of  such  highways  or  town  ways. 

Highways  shall       Section  2.     Evcry  highway  or  town  way  hereafter  laid 

law  ouTunder  ^  out  sliall  bc  dccmcd  to  bc  laid  out  under  the  provisions  of 

^■pres^iyTi-*^*^  Said  chapter  forty-three  of  the  General  Statutes  and  auy 

under  b°etter-      general  laws  iu  amendment  thereof,  unless  the  order  lay- 

mentact.  {^g  qh^  the  Same  expressly  declares  the  same  to  be  laid 

out  under  the  provisions  of  law  authorizing  the  assessment 

of  betterments.  Apiiroved  May  28,  1874 

Ch.    276.  A.N  Act  to  authorize  the  neav  England  female  medical  col- 
lege AND  THE  trustees  OF  BOSTON  UNIVERSITY  TO  UNITE. 

Be  it  enacted,  &c.,  as  follows : 
New  England         Sectiox  1.    The  Ncw  England  Female  Mcdical  Collcge 
couegemay'"  may  transfer  to  the  Trustees  of  Boston  University,  upon 


1874:.— Chapter  277.  189 

such  terms  and  conditions  as  shall  be  fixed  and  agreed  Bostoruuh^r- 
upon  by  said  corporations,  the  school  hitherto  maintained  ^''J^- 
bv  said  New  Enorland  Female  Medical  College,  and  all  the 
powei's,  rights,   privileges,   franchises,   property,   claims, 
trusts  and  estates  appertaining  in  law  or  in  equity  to  said 
New  England  Female  Medical  College. 

Section  2.     "When  such  transfer  has  been  agreed  upon  Boston  univer. 
by  the  two  corporations  aforesaid,  in  meetings  duly  called  powe?sTmf  ^ 
to  act  upon  that  subject,  and  duly  executed,  and  a  certifi-  fongingtothe 
cate  thereof  signed  by  the  presidents  of  such  corporations  J^l^fl  ^'^*^i<^*' 
has  been  tiled  in  the  office  of  the  secretary  of  the  Com- 
monwealth, the  trustees  of  Boston  University  shall  there- 
upon take  and  enjoy  all  the   powers,   rights,   privileges, 
franchises,  property,  claims,  trusts  and  estates  appertain- 
ing in  law  or  in   equity  to  said   New   England  Female 
Medical  College,   subject  to  all  duties,   restrictions   and 
liabilities    belonging    thereto,    and    said    New    England 
Female  ^Medical  College  shall  thereafter  remain  a  corpora- 
tion only  for  the  purpose  of  executing  all  such  transfers, 
assignments,  and  conveyances  as  are  deemed  necessary  to 
vest  all  such  rights,  property,  claims  and  estates  in  the 
trustees  of  Boston  University,  and  for  the  purpose  also  of 
receiving  any  gifts,  devises  and  bequests  that  may  have 
been  made  to  it  by  will  or  otherwise,  and  transferring  the 
same  as  aforesaid. 

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

Aj)proved  May  29,  1874. 

Ak  Act  to  chaxge  the  boundary  line  between  boston  and  rq-.      cynij 

NEWTON.  ^'^'      ^''• 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     The  boundary  line  between  the  cities  of  Jlf^'g^''^  ^'"'^ 
Boston  and  Newton  is  hereby  changed  and  established  as  between  Boston 
follows  :  Beginning  at  the  stone  monument  at  the  intersec-  ^^ 
tion   of  the  present  boundary  line  between  Boston  and 
Newton  with  the  present  boundary  line  between  Boston 
and  Brookliue,  thence  running  south-westwardly  on  said 
last-mentioned  boundary  line  as  continued  between  Brook- 
liue and  Newton  seven  hundred  and  thirty-five  feet,  to  a 
stone  boundar}^  post ;  thence  turning  and  running  north- 
westwardly seven  hundred  and  ninety-four  feet,  to  a  stone 
bound   on    the  westerly  line    of   Beacon    Street ;    thence 
north-westwardly  on  said  last-mentioned  line   continued 
two  hundred  and  twenty-seven  and  six-tenths  feet  to  a 
stone  tangent  post ;  thence  north-westwardly  on  a  curved 


190  1874.— Chapter  277. 

line  of  nine  hundred  and  eighty  feet  radius,  three  hundred 
and  thirty-five  feet  and  four-tenths  of  a  foot,  to  a  stone 
tangent  post ;  thence  north-westwardly  two  hundred  and 
forty-three  feet  and  seven-tenths  of  a  foot  to  a  stone  tan- 
gent post ;  thence  on  a  curved  line  of  eight  hundred  and 
sixty-two  feet  radius,  six  hundred  and  twenty-nine  feet 
and  six-tenths  of  a  foot  to  a  stone  tangent  post ;  thence 
westwardly  twelve  hundred  and  twenty-one  feet,  to  a 
stone  bound ;  all  the  above-described  lines,  except  the 
first  two,  being  the  south-westerly  and  southerly  boundary 
lines  of  Beacon  Street ;  thence  turning  and  running  north- 
wardly and  crossing  Beacon  Street,  five  hundred  and  fifty- 
three  feet  to  a  stone  bound ;  thence  northwardly  one 
hundred  and  sixty-four  feet  and  eight-tenths  of  a  foot,  to 
a  stone  bound ;  thence  northwardly  two  hundred  and 
sixty-three  feet  and  four-tenths  of  a  foot,  to  a  stone 
bound  ;  thence  northwardly  one  hundred  and  seventy-four 
feet  and  five-tenths  of  a  foot,  to  a  stone  bound  ;  thence 
nortlnvardly  three  hundred  and  ninety-six  feet  and  seven- 
tenths  of  a  foot  to  a  stone  bound  ;  thence  northwardly  two 
hundred  and  fiftj-three  feet,  to  a  stone  bound ;  thence 
north-eastwardly  one  hundred  and  fifty-seven  feet  and 
eight-tenths  of  a  foot  to  a  stone  bound ;  thence  eastwardly 
one  hundred  and  five  feet  to  a  stone  bound ;  thence  east- 
wardly sixt3^-six  and  one-half  feet  to  a  stone  bound ; 
thence  eastwardly  five  hundred  and  thirty-seven  feet  "to  a 
stone  bound ;  thence  northwardly  one  hundred  and  sixty- 
six  feet,  to  a  stone  bound  on  the  southerly  line  of  AVard 
Street  in  said  Newton ;  the  eleven  last-described  lines 
being  the  division  lines  between  land  of  the  city  of  Boston 
and  land  of  Amos  A.  Lawrence  and  land  late  of  Daniel 
Knowles ;  thence  eastwardly  on  said  southerly  line  of 
Ward  Street,  thirty-four  feet  and  two-tenths  of  a  foot  to  a 
stone  bound ;  and  thence  eastwardly  on  the  same  sevent}'- 
nine  feet  to  a  stone  post  on  the  boundary  line  between 
Boston  and  Newton.  The  new  boundarj'  line  is  laid  down, 
in  red  lines,  on  a  plan  thereof,  dated  March  eighteen  hun- 
dred and  seventy-four,  deposited  in  the  office  of  the  secre- 
tary of  the  Commonwealth. 
k.?£outwab-  Section  2.  AH  petitions  now  pending  before  the 
wKys'^to  be  ~     countv  commissiouers  of  ^Middlesex  Countv  for  lavinof  out 

hoard  by  street     i  .    ,      "^  .  ,  .      ,  ...  -       .  i  i 

commissioners  iiighways  Situated  entirely  within  the  territory  hereby 
transferred  from  Newton  to  Boston,  shall  be  heard  and 
adjudicated  by  the   street  commissioners  of  the  city  of 


1874:.— Chapters  278,  279,  280,  281.  191 

Boston  in  the  same  manner  as  if  said  petitions  had  been 
originally  presented  to  said  street  commissioners. 

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

Approved  May  29, 1874. 

An  Act  in  addition  to  an  act  to  establish  the  city  of  newton.  (JJ^^    278. 
Be  it  enacted,  &c.,  asfoUoivs  : 

Section  1.     For  the  purpose  of  widening,  straighten-  city  council  to 
ing,  or  otherwise  altering  highways  within  the  limits  of  the  county°c^mmi8- 
city  of  Newton  the  city  council  of  said  city  shall  have  and  lug^hilhways.' 
exercise  all  the  powers  of  county  commissioners.     Any 
party   aggrieved  by  such  alterations  shall  have  the  same 
remedies,  as  if  the  same  had  been  done  by  order  of  the 
count}'  commissioners. 

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

Approved  May  29,  1874. 

An  Act  in  relation  to  the  employment  of  children  at  public  (Jj^      279 

EXHIBITIONS. 

Be  it  enacted,  &c.,  as  follows: 

No  license  shall  be  granted  by  the  maj'or  and  aldermen  License  not  to 
or  selectmen  of  any  city  or  town  for  any  exhibition  ghows  ww' 
mentioned  in  section  seventy-four  of  chapter  eiohty-eio^ht  t'iiwren  "nder 

i>i/^  io  I'li'ii  11  fifteen  are  em- 

or  the  (jeneral  Statutes  at  which  children  under  the  age  ployed  as 
of  fifteen  years  are  employed  as  acrobats,  contortionists  ^^  "''  ^' 
or  in  any  feats  of  gymnastics  or  equestrianism. 

Approved  May  29,  1874. 

An  Act  to  amend  the  laws  relating  to  repairs  of  public  ni.      oon 
ways  and  bridges.  ■ 

Be  it  enacted,  &c.,  as  follows: 

Section  eight  of  chapter  forty-four  of  the  General  Amendment  to 
Statutes  is  amended  by  inserting  after  the  word  "thereon" 
in  the  fifth  line,  the  following  words,  "and  may  sell  for 
the  benefit  of  the  town,  after  thirty  days'  notice  in  writing 
to  the  owners  of  the  same,  any  trees,  brush  or  other 
article  of  value."  Ajyproved  May  29,  1874. 

An  Act  in  addition  to  an  act  to  establish  the  first  district  fij.      OQi 

COURT   of  northern  MIDDLESEX.  * 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     A  clerk  for  the  First  District  Court   of  ^^'^""^  *° ''«  •''p- 
Northern  Middlesex  shall  be  appointed  and  commissioned  einor  for  five 
by  the  governor  for   the  term  of  five  years,  and  shall  ^'^'"^" 
receive  for  annual  salary  and  clerk  hire  the  sum  of  six  salary. 
hundred  dollars  to  be  paid  from  the  treasury  of  the  Com- 
monwealth,   and    shall    faithfully    perform    all    services 


192 


1874.— Chapter  281. 


Salary  of  jus- 
tice. 


\VTien  no  justice 
is  present, 
sherilf  may 
adjourn  the 
court. 


Provisions  of 
G.  S.   129,  §§  T, 
8,  9,  11,  12,  26, 
40,  78,  to  apply 
to  civil  actions. 


Court  may 
establish  a  seal, 
and  make  rules 
for  practice. 


Repeal  of  1872, 
269,  §  5. 


required  by  law  of  the  clerks  of  like  courts  in  the  Com- 
monwealth and  shall  give  bonds  in  the  sum  of  live  thousand 
dollars  for  the  faithful  performance  of  the  duties  of  his 
office. 

Section  2.  The  standing  justice  of  said  court  shall 
receive  a  salary  of  twelve  hundred  dollars  a  year  and  at 
the  same  rate  for  any  part  of  a  year,  to  be  paid  from  the 
treasury  of  the  Commonwealth,  and  such  salary  shall  be 
in  full  for  all  services  rendered  by  him  as  justice  of  said 
court  or  otherwise  ex  officio.  The  special  justices  shall  be 
jDaid  by  the  standing  justice  four  dollars  for  each  day  on 
which  they  may  hold  said  court. 

Section  3.  When  no  justice  of  said  district  court  is 
present  at  the  time  and  place  appointed  for  holding  a 
court,  whether  at  the  beginning  of  the  time  or  any  adjourn- 
ment thereof  the  sheriff  of  the  county  or  either  of  his 
deputies  may  adjourn  the  court  from  day  to  day  or  from 
time  to  time  as  circumstances  require,  or  as  ordered  by 
any  of  the  justices,  and  shall  give  notice  of  such  adjourn- 
ments by  making  public  proclamation  in  the  room  where 
said  court  is  held  and  by  a  notification  posted  on  the  door 
of  the  court  room. 

In  such  case  any  justice  may  by  a  written  order  require 
the  sheriff  or  his  deputy  to  adjourn  the  court  without  day 
or  to  the  time  expressed  in  the  order,  and  the  officer  shall 
adjourn  the  court  accordingly  by  public  proclamation  in 
the  room  within  which  said  court  is  held. 

Section  4.  Sections  seven,  eight,  nine,  eleven, 
twelve,  twenty-six,  forty  and  seventy-eight,  of  chapter  one 
hundred  and  twenty-nine  of  the  General  Statutes,  shall 
apply  to  civil  actions  before  said  court. 

Section  5.  Said  court  shall  have  power  to  establish  a 
seal,  issue  all  writs  and  processes,  appoint  all  officers 
necessary  for  the  transaction  of  the  business  of  the  court, 
and  may  from  time  to  time  make  rules  for  regulating  the 
practice  and  conducting  the  business  therein  in  all  cases 
not  expressly  provided  for  by  law. 

Section  6.  Section  five  of  chapter  two  hundred  and 
sixty-nine  of  th(3  acts  of  the  year  eighteen  hundred  and 
seventy-two  is  hereby  repealed. 

Section  7.     This  act  shall  take  efi*ect  upon  its  passage. 

Approved  May  29,  1874. 


1874.— Chapters  282,  283,  284.  "     193 

Ax  Act  ix  additiox  to  ax  act  for  the  protectiox  of  fisheries  (Jj^^    282. 

IN   THE   HEAD-AVATERS   OF   BUZZARD'S   BAY. 

Be  it  enacted,  &c.,  as  follows. ■ 

Sectiox'  1.  The  provisions  ot  chapter  two  hundred  ^men^ment  to 
and  forty-nine  ot  the  acts  of  eighteen  hundred  and 
seventy,  entitled  "An  Act  for  the  protection  of  the 
fisheries  in  the  head-waters  of  Buzzard's  Bay,"  shall  here- 
after be  applicable  to  the  waters  north-westerly  of,  or 
within  a  straight  line  extended  from  Ano;elica  Point  in  the 
town  of  Mattapoisett,  to  the  central  point  of  Ram  Island, 
thence  west  in  a  straight  line  to  the  westerly  town  line  of 
Mattapoisett,  from  the  twenty-fifth  day  of  March  to  the 
fifteenth  day  of  iSIay,  in  each  year. 

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

Approved  May  29,  1874. 

Ax  Act  relatixg  to  the  filing  of  petitions  for  the  assess-  (JJi,    283. 

MEXT   of   damages   AND   THE   ABATEMENT   OF  ASSESSMENTS. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     Petitions  for  the  assessment  of  damages  or  Petitions  for 
for  the   abatement  of   assessments    for   betterments,    for  damages,  &c., 

•         T./.  jy  •  1  ^^  in        may  be  filed 

main  drains,  for  common  sewers,  tor  sidewalks  and  tor  wuh  the  dork 
other  public  purposes,  now  required  by  law  to  be  filed  in  county 
the  superior  court,  or  with  the  county  commissioners,  may 
also  be  filed  in  the  clerk's  office  of  said  court,  in  vacation, 
or  with  the  clerk  of  the  county  commissioners,  when  they 
are  not  in  session,  and  such  filing  shall  be  deemed  the 
commencement  of  proceeding. 

Section  2.     This  act  shall  take  effecbupon  its  passage. 

Apiproved  May  29,  1874. 

An  Act  to  secure  to   the   commonwealth   the  value  of  its  rjj^     284 

PROPERTY  IN  LANDS   FLOM'ED   BY   TIDE-WATER. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     Whenever  any  authority  or  license  is  here-  Person  building 
after  granted  by  the  legislature  or  by  the  board  of  harbor  i^ow-water°mark 
commissioners  with  the    approval    of   the    governor  and  safe'the'^t^a'te," 
council,  to  any  person  or  corporation  to  build  any  wharf  |?o^'^|n°at^on^ 
or  other  structure  or  to  fill  or  otherwise  occupy  land  in  for  tide-water 
tide-water  lying  below  the  line  of  low-water  mark  not 
exceedino;  one  hundred  rods  from  hio-h-water  mark,  such 
person  or  corporation  shall  pay  into  the  treasury  of  the 
Commonwealth,  before  the  work  authorized  or  licensed  is 
begun,  such  compensation  for  the  rights  and  privileges 
granted   in    such   land    as    shall   be    determined    by    the 
governor   and  council  to  be  just  and   equitable   besides 

25 


of  tbe  court  or 

commis- 
sioners. 


194  1874.— Chapter  285. 

making    compeusatiou    for    tide-water     displaced    when 
required  under  the  one  hundred  and  forty-ninth  chapter  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-six  :  j)'^'0- 
Proviso.  vided,   hoivevei',  that  when  any  such   compensation  shall 

have  been  paid  for  any  such  rights  and  privileges,  the 
same  shall  not,  under  the  provisions  of  the  four  hundred 
and  thirty-second  chapter  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-nine,  terminate  in  five  years  and  shall 
not  be  revocable  unless  provision  is  made  in  such  revoca- 
tion for    the   repayment   by    the    Commonwealth   to    the 
holder  of  such  rights  and  privileges,   of  the  amount  of 
such  compensation. 
"^"'ns" 'l^J'^r        Section  2.     This  act  shall  not  apply  to  any  authority 
coiistruction  of    granted  to  any  city,  town  or  county  for  the  construction 
''  ^^'  or  widenino;  or  maintenance   of  a  bridi^e  constituting  a 

part  of  a  public  highway. 

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

Apjyroved  May  29,  1874. 

Ch        285     ^^'   ^^^   ^°   CHANGE   A   PORTION   OF  THE   HARBOR  LINE  IN   GLOUCES- 
TER HARBOR. 

Be  it  enacted,  tt'c,  as  follows: 
Harbor  lines  in        SECTION  1.     So  mucli  of  the  oiic  hundred  and  twenty- 

GrloucGstor 

Harbor.  fourtli  chapter  of  the  acts  of  the  year  eighteen  hundred 

and  sixty-six  as  establishes  a  harbor  line  beyond  which,  in 
Gloucester  Harbor,  no  wharf,  pier  or  other  structure  shall 
ever  hereafter  be  extended  into  or  over  tide-waters  in  the 
harbor  of  Gloucester,  from  a  point  in  the  line  established 
by  said  act,  three  hundred  and  eight  feet  distant  from  the 
centre  of  the  gasometer,  which  point  is  near  the  south- 
easterly corner  of  the  railway  wharf  of  Burnham  Brothers, 
to  the  soutli-east  corner  of  a  wharf  then  of  S.  W.  Brown, 
is  hereby  repealed ;  and  in  place  of  such  portion  of  said 
harbor  line,  a  harbor  line  is  hereby  established,  l^eginning 
at  said  point  in  the  line  established  by  said  act  of  the  year 
eighteen  hundred  and  sixty-six,  distant  three  hundred  and 
eight  feet  from  the  centre  of  the  gasometer  and  near  the 
south-easterly  corner  of  said  railway  wharf  of  Burnham 
Brothers,  and  running  thence  in  a  straight  line  north- 
easterly to  a  point  distant  fifty  feet  soutli-easterly  from  the 
soutli-easterly  corner  of  tlie  present  wharf  of  Leighton 
and  Company ;  thence  running  north-easterly  again  in  a 
straight  line  to  a  point  distant  sixty  feet  south-easterly 
from  the  south-westerly  corner  of  the  present  wharf  of 
Dennis  and  Ayer,  formerly  of  J.   Low,  junior ;    thence 


1874.— Chapter  286.  195 

rimning  north-easterly  again  in  a  straight  line  to  a  point 
ten  feet  southerly  from  the  south-easterly  corner  of  the 
present  middle  wharf  of  John  Pew,  formerly  of  Charles 
Friend  and  Company ;  thence  running  north-easterly 
again  in  a  straight  line  to  the  south-easterly  corner  of  the 
present  easterly  wharf  of  said  John  Pew ;  thence  running 
north-easterly  again  in  a  straight  line  to  the  south-easterly 
corner  of  the  present  wharf  of  Brown  Brothers,  formerly 
of  S.  ^V.  Brown.  Bej'ond  said  last  described  line  hereby 
established,  no  wharf,  pier  or  other  structure  shall  ever 
hereafter  be  extended,  into  or  over  tide-waters  in  said 
harlior  of  Gloucester. 

Section  2.     The  fourth  and  fifth  sections  of  the  one  Provisions  of 
hundred  and  twenty-fourth   chapter    of  the    acts   of   the  to  apply.' 
year  eighteen  hundred  and  sixty-six  shall  apply  to  this  act. 

Sectiox  3.     This  act  shall  take  eflect  upon  its  passage. 

Approved  May  29,  1874. 

Ax  Act  relating  to  pakker  street  knoavn  as  the  cross  dam  rii.      286 

IX   THE   CITY   OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Thecommissionersof  public  lands  shall  have  Parker  street, 
full  power  and  authority,  with  the  approval  of  the  governor  repairedr' 
and  council,  to  act  for  and  in  behalf  of  the  Commonwealth 
in  causing  that  portion  of  Parker  Street,  in  the  city  of 
Boston,  which  belongs  to  the  Commonwealth,  or  an}'  part 
thereof,  to  be  placed  in  a  condition  safe  and  convenient  for 
the  public  travel,  and  in  repairing  and  widening  and  grad- 
ing said  portion  of  that  street,  or  any  part  thereof,  as  they 
may  deem  the  interest  of  the  i^ublic  may  require.     And  street  may  be 

.  1  .      .  1111  ^11  II-  convej-ed  to  the 

said  commissioners  shall  have  full  power  and  authority  to  city  of  Boston. 
convey  the  interest  of  the  Commonwealth  in  said  street, 
or  any  part  thereof,  to  the  city  of  Boston,  npon  such 
terms  as  may  be  agreed  upon  between  them  and  said  city, 
or  the  said  commissioners  may  discontinue  portions  of  the 
said  street  as  contemplated  by  the  plan  accompanying  the 
tripartite  indenture  of  December  thirty-first,  eighteen 
hundred  and  sixty-four,  between  the  Commonwealth,  the 
Boston  Water  Power  Company,  and  the  city  of  Boston, 
and  convey  the  same  to  abutting  parties  on  such  terms  as 
the  governor  and  council  shall  approve,  and  generally  to 
act  for  the  Commonwealth  in  all  matters  pertaining  to  said 
interests  therein.  The  expense  of  said  improvement  Expense  of 
shall  be  paid  from  the  moiety  of  the  proceeds  of  sales  of  ""p'°'*^'^ 


196 


1874.— Chapters  287,  288. 


lands  in  the  back  bay  applicable  to  filling  and  improve- 
ments, and  the  same  is  hereby  appropriated. 

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

A2:)proved  May  29,  1874. 

(Jh.      287.  -^N  ^CT   TO    AUTHPKIZE    JOHN    BEATTIE,    JUNIOR,    TO    CONSTRUCT  A 

WHARF   IN   WESTPORT. 

Be  it  enacted,  t&c,  as  follows : 

Section  1.  License  is  given  to  John  Beattie,  junior, 
to  construct  a  wharf  on  his  property  in  Westport,  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. 

Apjoroved  May  29,  1874. 


May  construct 
wharf  in  West- 
port. 


Ch.   288. 


Corporators. 


Name  and  pur- 
poee. 


To  file  in  regis, 
try  of  deeds  a 
description  of 
the  laud  taken. 


An  Act  to  incorporate  the  flax  pond  avater  company. 
Be  it  enacted,  &c.,  as  foUoivs  : 

Section  1.  Nehemiah  Berry,  James  L.  Little,  Thomas 
H.  Berry,  E.  R.  Mudge,  Benjamin  J.  Berry,  J.  Wiley 
Edmands,  Dean  Peabody  and  Thomas  J.  Lee,  their  associ- 
ates and  successors,  are  made  a  corporation  under  the 
name  of  the  Flax  Pond  Water  Company,  for  the  purpose 
of  supplying  with  pure  water,  the  city  of  Lynn,  or  any 
city  or  cities,  town  or  towns ;  and  for  this  purpose  may 
purchase  and  hold  the  waters  of  Flax,  Sluice  and  Cedar 
Ponds  in  Lynn,  and  may  take  and  hold  Nell's  Pond  in  the 
town  of  Lynnfield,  together  with  the  tributary  streams 
which  flow  into  the  same ;  may  build  and  maintain  clams, 
reservoirs,  aqueducts  and  other  suitable  or  necessary 
works,  and  may  take  and  hold  such  lands,  around  the 
margins  of  said  ponds  and  streams,  not  exceeding  five 
rods  in  width,  as  may  be  necessary  for  the  preservation 
and  purity  of  said  waters,  and  such  other  lands  as  may  be 
necessary  for  the  maintenance  of  said  dams,  reservoirs, 
aqueducts,  conduits  or  works. 

Section  2.  Said  corporation  shall  within  ninety  days 
after  the  taking  of  land  under  this  act,  file  in  the  registry 
of  deeds  for  the  county  or  district  where  such  land  may 
be  located,  a  description  of  any  land  so  taken,  sufficiently 
accurate  for  identification,  and  state  the  purpose  for  which 
it  is  taken,  and  the  title  to  all  lands  so  taken  shall  vest  in 
said  corporation.  Any  person  injured  in  his  property  by 
any  of  the  acts  of  said  corporation,  and  failing  to  agree 
with  said  corporation  as  to  the  amount  of  damages,  may 
have  them  assessed  and  determined  in  the  manner  pro- 
vided when  land  is  taken  for  highways. 


1874— Chapter  288.  197 

Sectiox  3.     Said  corporation  may  contract  with  cities  May  supply 
and  towns  to  supply  the  same  with  pure  water  upon  such  wiTu  puJe"^  ""^^ 
terms  as  may  be  mutually  agreed  upon,  and  for  this  pur-  ^^'^*^'"- 
pose  may  carry  its  conduits,  pipes  and  drains,  under  the 
supervision  of  the  authorities  of  any  city  or  town  through 
which  the  same  may  pass,  over  or  under  any  water-course, 
street,  railroad,  highwaj^  or  other  way  in  such  manner  as 
not  to  obstruct  the  same,  and  may  dig  up  any  road  or  way 
for  the  purpose  of  laying  its  conduits,  pipes  and  drains  in 
such  a  manner  as  to  cause  the  least  hindrance  to  travel 
thereon,  and  in  general  may  do  any  other  acts  and  things 
necessary,  convenient  or  proper  for  the  carrying  out  the 
purposes  of  this  act. 

Section  4.  The  capital  stock  of  said  corporation  shall  capital  stock 
not  exceed  seven  hundred  and  fifty  thousand  dollars, 
divided  into  shares  of  one  hundred  dollars  each,  and  said 
corporation  may  purchase  any  lands  and  water  rights 
necessary  for  the  purpose  aforesaid,  and  pay  therefor, 
wholly  or  in  part  in  the  shares  of  said  company  at  their 
par  value,  and  may  at  any  time  issue  bonds  to  an  amount 
equal  to  the  capital  stock  actually  paid  in.  Cities  and 
towns  may  hold  stock  in  this  corporation. 

Section  5.  Whoever  wilfully  corrupts,  pollutes  or  Penalty  for  poi. 
diverts,  any  of  the  waters  taken  under  this  act,  or  injures  ing'^atlr.'''''''^*" 
any  dam,  reservoir,  aqueduct,  conduit,  pipe  or  other  prop- 
erty owned  or  used  by  said  corporation,  shall  forfeit  and 
pay  to  the  said  corporation  three  times  the  amount  of 
damages  assessed  therefor,  to  be  recovered  in  an  action  of 
tort ;  and  upon  conviction  of  either  of  the  above  acts, 
shall  be  also  punished  by  a  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  not  exceeding  six  months. 

Section  6.     The  city  of  Lynn  may  within  sixty  days  city  of  Lynn 
from  the  passage  of  this  act  by  vote   of  the  city  council  pu?ohasl  °^ 
take  or  purchase  the  water  mentioned  in  section  one,  in  wuhhi' sixty 
addition  to  the  sources  for  water  supply  which  it  is  now  ^'^i'^- 
authorized  to  hold  and  use,  and  in  case  said  city  shall  take 
or  purchase  said  waters,  then  it  shall  enjoy  all  the  rights 
respecting  said  waters  and  the  lands  bordering  thereon  and 
adjacent  thereto,  and  be  subject  to  all  liabilities  for  acts 
done  in  relation  to  the   same,  which  were    set   forth   in 
chapter  two  hundred  and  eighteen  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-one,  as  fully  as  though  the 
provisions  of   said    act    were    respectively   incorporated 
herein  ;  and  any  damages  sustained  by  any  person  who 


198 


1874.— Chapter  289. 


Rights  to  cut 
ice  not  to  be 
impaired. 


fails  to  agree  with  said  city  shall  be  assessed  in  the  same 
manner  as  is  provided  by  law  witli  respect  to  land  taken 
for  highways.  A  vote  of  the  city  council  to  take  said 
waters  in  accordance  w^itli  the  provisions  of  this  section 
shall  be  construed  and  deemed  to  be  an  entry  upon  and 
taking  of  the  same  by  the  city  of  Lynn  ;  and  thereupon 
the  provisions  of  this  act  relating  to  the  corporation  afore- 
said shall  be  null  and  void. 

Sectiox  7.  Nothing  contained  in  this  act  shall  be  con- 
strued  to  impair  any  existing  rights  of  any  person  or 
party,  to  cut  and  take  ice  from  either  of  said  ponds. 

Sectiox  8.     This  act  shall  take  elFect  upon  its  passage. 

Approved  June  2,  1874. 


Ch.   289. 


Commissioners 
may  build 
bridge  over 
Connecticut 
River  between 
Gill  and  Mon- 
tague. 


To  proceed  as 
in  laying  out 
and  construct- 
ing highways. 


An  Act  to  authorize  the  cojimissioxers  for  the  county  of 
franklin  to  lay  out  and  construct  a  highway  and  bhidge 
over  connecticut  river,  between  the  towns  of  gill  and 
montague,  in  said  county. 

Be  it  enacted,  t6c.,  as  follows  : 

Section  1.  The  county  commissioners  for  the  county 
of  Franklin  are  authorized  to  lay  out  and  construct  a 
public  highway  and  bridge  over  the  Connecticut  River, 
at  or  near  Turner's  Falls,  between  the  towns  of  Gill  and 
Montague  in  said  county,  if  in  their  judgment  the  public 
convenience  and  necessity  require  it. 

Section  2.  Said  commissioners  in  laying  out  and  con- 
structing said  highwa}^  and  bridge,  shall  in  all  respects 
proceed  as  is  now  provided  by  law  for  laying  out  and  con- 
structing highways  :  and  shall,  after  due  public  notice  to 
all  parties  in  interest,  and  a  hearing,  proceed  to  determine 
and  award  what  towns  in  said  county  will  receive  particu- 
lar and  special  l^enefit  from  the  construction  and  mainten- 
ance of  said  road  and  bridge,  and  to  apportion  and  assess 
upon  said  county  and  such  towns  as  receive  special  benefit 
as  aforesaid,  in  such  manner,  and  amounts  as  they  shall 
deem  equitable  and  just,  the  cost  of  the  construction  of 
said  road  and  bridge.  They  shall  also  determine  and 
award  by  what  towns  the  said  road  and  bridge  shall  be 
maintained,  and  the  proportion  of  the  expense  of  the 
maintenance  of  the  same  that  shall  be  paid  b}'  each  town. 
And  the  award  and  apportionment  of  the  expense  of  the 
maintenance  of  said  road  and  bridge,  ma}^  at  any  time,  and 
from  time  to  time,  upon  the  petition  of  au}^  town  interested, 
and  notice  and  hearing,  be  revised  and  varied  by  the  com- 


1874.— Chapters  290,  291,  292.  199 

missioiiers  of  said  county,  in  such  manner  as  they  deem 
just  antl  equitable. 

Sectiox  3.     The  said  commissioners  for  the  county  of  ^ay  boiroTr 
Franklin  are  authorized  to  borrow  upon  the  credit  of  said 
county  such  sums  of  money  as  may  be  necessary  to  comply 
with  the  provisions  of  this  act. 

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

Ap2)roved  June  2,  1874. 

An  Act  in  kelation  to  nuisances.  rii,      oqa 

Be  it  enacted,  tfcc,  as  follows: 

Section  1.     Chapter  one  hundred  and  sixty-seven  of  f87°"i67°n°f  t 
the    acts   of  the  year  one   thousand   eight  hundred   and  be  construed  as 
seventy-one  shall  not  be  so  construed  as  to  authorize  the  teiuuice  ofT^"" 
maintenance  of  a  nuisance,  or  to  affect  the  jurisdiction  ""'^^"°®- 
of  the  supreme  judicial  court  or  any  justice  thereof,  sitting 
in  equity,  to  issue  an  injunction  to  prevent  the  continuance 
of  a  nuisance,  upon  the  due  application  of  any  person  in- 
jured thereby. 

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

Ai:)provcd  June  2,  187-4. 

An  Act  concerning  the  election  of  toavn  officers  in  new  rii.      qqi 

sale:h.  ^'^'    ^^-'- 

Be  it  enacted,  &c.,  as  follows: 

Section  1.    The  election  of  moderator  and  town  officers  Election  of  town 
made  in  the  town  meetings  held  in  New  Salem  in  the  year  s^enfcon.^"^^ 
eighteen  hundred  and  sixty-nine  and  in  the  succeeding  ^i'™"!. 
years,   so   far  as   the   same   may   appear  illegal,  for  the 
reason  that  the  check-list  was  not  used  in  said  elections  is 
ratified  and  confirmed,  and  the  same  shall  be  taken  and 
deemed  good  and  valid  in  law  to  all  intents  and  purposes 
whatsoever. 

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

Approved  June  2,  1874. 

An  Act  in  relation  to  the  uniform  of  certain  employes  ok   fii      oqo 
*  railroad  corporations.  ^''"     '^'J^' 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.     Every  railroad  corporation  shall  prescribe  Badges,  &c.,  to 
a  uniform  cap  and  distinguishing  badges  to  be  worn  b}^  all  empioyJi'con. 
its  employes  whose  duties  relate  to  the  immediate  trans-  "enger  ua'^^^ 
portation   of  passengers  or  their  luggage.     A  corporation -^c- 
neglecting  to  prescribe  and  furnish  such  uniform  cap  and 
badges,  shall  forfeit  one  hundred  dollars  for  each  week  of 
the  continuance  of  such  neglect ;  and  if  any  employe  for 


200  1874.— Chapter  293. 

Penalty  for        wliom  such  iiiiiform  cip  aiicl  badge  is  prescribed,  neglects 
"«'ge'=-  wlien  on  dut}"  to  "sveur  the  same,  the  corporation  employ- 

ing him  shall  for  each  case  of  snch  neglect,  forfeit  the  sum 
of  twenty-five  dollars  ;  and  no  snch  emploj'e  unless  wear- 
ing his  uniform  cap  and  badge,  shall  be  permitted  to  exercise 
any  authority  or  to  perform  any  of  the  duties  of  his  office. 
Section  2.  This  act  shall  take  effect  on  the  first  day 
of  July  in  the  year  eighteen  hundred  and  seventy-four. 

AppTOi-ccl  June  2,  1874. 

Ch.  293.  An  Act  to  establish  district  courts  in  the  county  of  Bristol. 
Be  it  enacted,  &c.,  as  follows : 

First  district  Section  1.     The  city  of  Taunton   and   the  towns  of 

Rehoboth,  Berkley,  Dighton,  Seekonk,  Attleborough, 
Norton,  Mansfield,  Easton  and  Raynham,  shall  constitute 
a  judicial  district  under  the  jurisdiction  of  a  court  hereby 
estal)lished  therein  by  the  name  of  the  First  District  Court 
of  Bristol,  which  court  shall  be  held  at  Taunton. 

Second  district  The  city  of  Fall  River  and  the  towns  of  Freetown, 
Somerset  and  Swansea  shall  constitute  a  judicial  district 
under  the  jurisdiction  of  a  court  hereby  established  therein 
by  the  name  of  the  Second  District  Court  of  Bristol,  which 
court  shall  be  held  at  Fall  River. 

Third  district  The  city  of  New  Bedford  and  the  towns  of  Fairhaven, 
Acushnet,  Dartmouth  and  Westport  shall  constitute  a 
judicial  district  under  the  jurisdiction  of  a  court  hereby 
established  therein  by  the  name  of  the  Third  District  Court 
of  Bristol,  which  court  shall  be  held  at  New  Bedford. 

Jurisdiction  and      Said  courts  sliall,  cxccpt  as  is  hereinafter  provided,  have 

au  1011  J.  ^^  same  jurisdiction,  power  and  authority,  shall  perform 

the  same  duties  and  be  subject  to  the  same  regulations  as 
are  provided  in  respect  to  existing  police  courts,  by  chap- 
ter one  hundred  and  sixteen  of  the  General  Statutes,  and 
by  all  general  laws  passed  in  amendment  thereof  applica- 
ble to  the  several  police  courts  of  the  Commonwealth ; 
and  all  the  provisions  of  law  relating  to  criminal  and  civil 
proceedings,  the  taxation  of  costs,  the  payment  of  fines, 
the  expenses  of  court,  the  accounting  and  settling  with 
county  and  town  for  money  paid  into  court  as  forfeitures 
or  otherwise,  and  all  other  provisions  of  law  applicable  to 
■  the  several  police  courts  of  the  Commonwealth,  their  jus- 
tices and  clerks,  shall  apply  to  the  courts  herein  created, 
their  justices  and  clerks,  except  so  far  as  they  are  incon- 
sistent with  the  provisions  of  this  act. 


1874.— Chapter  293.  201 


Section  2.      There  shall  be  appointed,  commissioned  [^"o^pel^^^i^s. 


and 
-  -  .  .  .  ,    r ju 

and  qualified,  agreeably  to  the  constitution,  one  justice  and  tices  for  each 


two  special  justices  of  each  of  said  com'ts,  and  as  vacancies 
occur  they  shall  be  tilled  b}'  appointment  in  the  same  man- 
ner. Such  justices  shall  receive  the  annual  salaries  here-  salaries  of 
inafter  named,  and  at  the  same  rate  for  any  part  of  a  year,  J"""^''^- 
to  be  paid  monthly  from  the  treasury  of  the  Commonwealth, 
"which  shall  be  in  full  for  all  services  rendered  by  them  as 
justices  of  said  courts.  The  special  justices  shall  be  paid 
by  the  justice  six  dollars  for  each  day  on  which  they  hold 
a  session  of  the  court. 

Section  3.     Two  or  more  sessions  of  said  courts  may  Two  or  more 
be  held  at  the  same  time,  and  in  such  case  the  justice  may  hc\T"t%TmI 
retain  to  his  own  use  from  the  fees  received  in  such  court,  *^™®' 
all  sums  paid  by  him  to  the  special  justice  holding  one  of 
said  sessions,  in  addition  to  all  sums  which  he  is  otherwise 
entitled  to  receive. 

Section  4.     A  clerk  of  each  of  said  courts  shall  be  ap-  cierkstobe 
pointed  and  commissioned  by  the  governor,  for  the  term  governor  for^ 
of  five  3'ears  and  shall  receive  the  annual  salaiy  hereinafter  ^^^'^  years. 
mentioned  in  full  for  services  and  clerk  hire,  to  be  paid 
monthly  from  the  treasury  of  the  Commonwealth,  and  shall 
give  bond  to  the  treasurer  of  the  county  of  Bristol  in  the 
sum  of  five  thousand  dollars,  with  sureties  to  be  approved 
by  said  treasurer,  for  the  ftiithful  performance  of  the  duties 
of  his  office. 

Section  5.     Either  of  the  justices  of  said  courts  may  Either  justice 

II  -KT      •       i'  c  J.^  may  issue  war- 

issue  warrants  in  all  proper  cases.     JNo  justice  ot  the  peace  rants. 

shall  hereafter  be  allowed  any  fees  for  warrants    issued 

within  said  districts  and  all  warrants  issued  shall  be  made 

returnable  to  said  courts. 

Section  6.  Said  courts  shall  be  held  for  criminal  busi-  courts  for  crim- 
ness  daily,  except  on  Sundays  and  legal  holidays,  and  for  business."^' 
civil  business  every  Monda3^  Said  courts  may  continue 
any  action  therein  to  any  future  day,  and  maj'  adjourn  for 
the  trial  of  any  case  to  any  place  in  their  respective  dis- 
tricts, whenever  the  public  convenience  may  seem  to  tho 
justice  presiding  therein  to  render  such  adjournment 
expedient. 

Section  7.     Said  courts  shall  have  original  concurrent  Original  concur- 
jurisdiction  with  the  superior  court  in  the  county  of  Bris-  with  superior 
tol,  in  all  civil  actions  and  proceedings  in  which  the  debt  SebrdMs^ot 
or  damages  demanded,  or  propert\^  replevied  does  not  ex-  exceed esoo. 
ceed  in  amount  or  value  three  hundred  dollars,  and  the 

26 


202 


1874.— Chapter  293. 


\\Tien  one  of 
defendants  re- 
side in  district, 
writ  maj-  run 
into  any  county 


Trial  by  jury. 


Jurors  to  be 
summoned  by 
sheriff. 


Right  of  appeal 
to  superior 
court. 


jurisdiction  of  each  court  shall  when  the  plaintiff  and 
defendant  both  reside  in  the  district,  exclude  the  jurisdic- 
tion of  other  district  courts  :  jjvovided,  that  where  there 
are  two  or  more  plaintiffs  or  defendants  or  one  or  more 
trustees,  the  jurisdiction  of  the  court  shall  not  be  exclusive 
unless  all  the  parties  reside  in  the  district. 

Section  8.  When  one  of  several  defendants  resides 
within  the  district  the  writ  issued  by  such  court  may  run 
into  any  county  and  be  served  on  the  other  defendant  or 
defendants,  fourteen  daj'S  at  least  before  its  return  day,  in 
like  manner  as  if  issued  l)y  the  superior  court. 

Section  9.  On  the  return  day  of  the  writ  either  party 
may  demand  a  trial  by  jury  in  writing,  which  shall  be 
granted  by  the  court.  If  neither  party  demand  a  trial  by 
juiy,  the  right  to  have  such  trial  shall  be  taken  to  be 
waived.  The  jury  trial  shall  be  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the 
General  Statutes,  and  the  judgment  of  the  court  in  all 
cases  shall  be  tinal  unless  appeal  is  taken  therefrom,  or 
exceptions  and  appeals  on  matters  of  law  are  had,  as  here- 
inafter provided. 

Section  10.  ^  Where  a  jury  becomes  necessary  for 
the  trial  of  any  actions  or  proceedings  in  said  courts,  the 
clerk  of  such  court  is  authorized  and  required  to  issue  writs 
of  venire  facias,  directed  to  the  sheritf  of  the  county  or 
either  of  his  deputies,  or  a  constable  of  Awy  (^My  or  town 
in  such  district,  for  the  summoning  of  jurors,  and  the  jurors 
shall  be  summoned  from  the  towns  in  the  judicial  district. 

Section  11.  In  all  cases  in  said  courts,  except  where 
a  jury  trial  is  had,  or  the  value  of  the  property  replevied, 
or  the  amount  claimed  in  the  writ  does  not  exceed  lifty  dol- 
lars, either  party  may  appeal  to  the  superior  court  in  the 
manner  iioav  provided  by  law  for  taking  appeals  from  the 
judgment  of  justices  of  the  peace  :  and  in  cases  where  a 
juiy  trial  is  had  exceptions  and  appeals  on  matters  of  law 
may  be  had  to  the  superior  court  for  the  county,  and  shall 
be  entered  at  the  then  existing  or  next  ensuing  term 
of  said  court,  and  shall  be  heard  and  determined  in  the 
manner,  and  at  times,  to  be  prescribed  by  general  rules  of 
said  superior  court.  Any  party  deeming  himself  aggrieved 
by  such  determination  may  cause  such  exceptions  to  be 
entered,  heard  and  determined  in  the  suiDreme  judicial 
court,  under  the  same  conditions,  in  the  same  manner,  and 
T.'ith  the  same  effect,  as  if  said  exceptions  had  originally 


1874.— Chapter  293.  203 

been  taken  and  allowed  in  the  superior  court :  provided, 
lioicever,  that  where  such  exceptions  are  sustained  liy  the 
superior  court,  the  cause  shall  be  at  once  remanded  to  the 
district  court  for  a  new  trial;  and  provided,  further ,  that 
in  all  cases  of  exceptions  or  appeals  on  matters  of  law, 
if  the  judgment  or  rulings  of  the  district  court,  being 
affirmed  by  the  superior  court,  are  also  affirmed  by  the 
supreme  judicial  court,  the  prevailing  party  shall  recover 
doul)le  costs  unless  the  supreme  judicial  court  otherwise 
orders. 

Section  12.     When  no  justice  is  present  at  the  time  men  no  justice 
and  place  appointed  for  holding  a  court,  the  sheriff  of  the  mayb'e^ad'.iourn- 
county,  or  either  of  his  deputies,  may  adjourn  the  court  edbyshenii. 
from  day  to  day,  or  from  time  to  time,  as  circumstances 
require,  or  as  ordered  by  either  of  the  justices,  and  shall 
give  notice  of  such  adjournment  by  making  public  procla- 
mation in  the  room  where  the  court  is  held  and  by  a  noti- 
fication posted  on  the  door  of  the  court  room. 

Section  13.       Sections    seven,     eight,     nine,    eleven,  Provisions  of 
twent^^-six,  fort}'^  and  seventy-eight  of  chapter  one  bun-  s.'g,  ii^  26,  4oi 
drcd  and  twenty-nine  of  the  General  Statutes  shall  apply  chi/actlonif  ^"^ 
to  civil  actions  before  said  courts.     Answers  shall  be  in 
writing  when  the  court  so  orders. 

Section  14.     Said  courts  shall  severally  have  power  to  comts  may  es. 

....i  lii  e  •  n  'i.  1  tablish  seals, 

establish  a  seal  therefor,  issue  all  writs  and  processes,  &c. 
appoint  all  officers  necessary  for  the  transaction  of  the 
business  of  the  court,  and  may  from  time  to  time  make 
rules  for  regulating  the  practice  and  conducting  the 
business  therein  in  all  cases  not  expressly  provided  for 
by  law. 

Section  15.     The  justices  of  said  courts  may  retain  for  compensation 
their  own  use,  from  the  fees  received  in  said  courts,  all  ticer*^''*  ^"*" 
sums  paid  by  them  for  the  services  of  any  special  justice  : 
lirovided,  the  sum  so  retained  shall  not  in  any  one  year 
exceed   eight   per   centum  of  the  annual  salary  of  such 
justice. 

Section  16.     The  justice  of  either  of  said  courts,  may.  Justice  may 
in  the  absence  of  the  judge  of  proliate  for  the  county  of  persons  to'^asy- 
Bristol,  commit  to  the  state  lunatic  hospitals  any  insane  judgrofprobato 
person  who  in  his  opinion  is  a  proper  subject  for  their '*'*^^'^"'- 
treatment  or  custody,  in  accordance  with  the  provisions  of 
chapter  two  hundred  and  twenty-three  of  the  acts  of  the 
year  one  thousand  eight  hundred  and  sixtj'-two,  and  the 
acts  in  addition  thereto. 


204 


1874.— Chapter  293. 


Proceedings 
already  com- 
menced to  be 
prosecuted  and 
aetermined. 


Municipal  and 
police  courts  in 
Bristol  County 
abolished. 


Records  of 
abolished  courts 
to  be  trans- 
ferred. 


Salaries  of  jus- 
tices and  clerks. 


Wlien  to  take 
effect. 


Sectiox  17.  All  proceedings  duly  commenced  before 
any  trial  justice  or  justice  of  the  peace  for  the  county  of 
Bristol,  l)efore  this  act  shall  take  full  eftect  shall  be  pros- 
ecuted and  determined  as  if  this  act  had  not  passed,  and 
except  as  herein  provided  the  jurisdiction  of  trial  justices 
and  justices  of  the  peace  shall  be  excluded  within  the  judi- 
cial districts  established  by  this  act. 

Section  18.  The  municipal  and  police  courts  now  ex- 
isting in  the  county  of  Bristol  are  hereby  abolished,  from 
and  after  this  act  shall  take  full  eflect- ;  and  all  cases  pend- 
ing therein  at  such  time,  whether  civil  or  criminal,  shall  be 
transferred  to  and  have  day  in  the  proper  day  and  term  of 
the  court  hereby  estal)lished,  having  jurisdiction  of  the 
city  in  which  such  municipal  or  police  court  has  been  es- 
tablished ;  and  all  writs,  processes,  complaints,  petitions 
and  proceedings  whatever,  which  are  made  returnable  or 
to  be  entered  in  said  municipal  or  police  courts  shall  be 
returnable  to,  entered  and  have  day  in  the  proper  day  and 
term  of  the  district  court  hereb}^  established  and  all  judi- 
cial writs  and  processes  and  copies  founded  upon  the 
records  of  said  municipal  or  police  courts  shall  issue  under 
the  seal  of  the  district  court  hereby  established,  in  like 
manner  and  to  the  same  effect  as  the  same  might  have 
issued  from  said  municipal  or  police  courts  if  this  act  had 
not  passed,  and  all  writs  and  processes  may  be  made  re- 
turnal>le  to  the  several  days  and  terms  of  said  courts  now 
established  by  law,  till  this  act  shall  take  full  effect,  and 
then  all  such  writs  and  processes  shall  be  returnable  to 
the  days  and  terms  herein  established. 

Section  19.  The  records  of  such  municipal  and  police 
courts  shall  be  transferred  to  and  remain  in  the  custody  ot 
the  clerks  of  the  courts  hereby  established  and  having 
jurisdiction  in  the  city  in  which  such  courts  have  hereto- 
fore been  held. 

Section  20.  The  salaries  of  the  justices  and  clerks  of 
said  district  courts  shall  l)e  as  follows  :  For  the  justices  of 
the  first  and  second  districts,  two  thousand  dollars  each : 
for  the  justice  of  the  third  district,  eighteen  hundred  dol- 
lars :  for  the  clerks  of  the  first  and  second  districts,  twelve 
hundred  dollars  each :  for  the  clerk  of  the  third  district 
one  thousand  dollars. 

Section  21.  This  act  shall  take  effect,  so  far  as  relates 
to  appointing,  commissioning  and  qualifying  the  justices, 


.     1874.— Chaptees  294,  295.  205 

special  justices,  and  clerks  of  said  courts,  on  its  passage, 
and  shall  take  full  effect  on  the  first  day  of  July  next. 

Approved  June  2,  1874. 

An  Act  to  incorporate  the  white's  ferry  bridge  corporation,  rjj      og  < 
Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     William    H.    Eaton,    Horace    P.    Flint,  corporators. 
George  O.  Brastow,  their  associates  and  successors    are 
made    a  corporation  by  the  name  of    the  "White's  Ferry  Name. 
Bridge  Corporation  ;  with  the  powers  ai^l  privileges,  and  ^uJg'g^*  ^"*^ 
subject  to  the  duties,  restrictions  and  liabilities  set  forth  in 
the  general  laws  which  now  are,  or  hereafter  may  be  in 
force  relating  to  such  corporations. 

Section  2.     Said    corporation    may   construct    a   pile  May  construct  a 
bridge  across  the  waters  of  North  River,  between  Marsh-  acroL"4orth 
field  and  Scituate,   at  or  near  the  place  now   known  as  MlTrThfleilTfud 
White's  Ferry,  and  the  capital  stock  of  said  corporation  Scuuate. 
shall  not  exceed  twenty-five  thousand  dollars,  divided  into 
shares  of  one  hundred  dollars  each,  with  the  right  to  pur- 
chase and  hold  such  real  and  personal  estate  as  may  be 
necessary  and  convenient  for  the  purposes  of  this  act,  not 
exceeding  that  sum. 

Said  bridge  shall  be  well  built  of  suitable  materials,  at 
least  twenty  feet  wide  and  floored  Avith  planks,  with  suffi- 
cient railings  on  each  side  and  shall  have  a  suitable  draw 
in  the  same  for  the  passage  of  vessels,  all  of  which  shall 
be  kept  in  good  repair  at  all  times  :  provided,  that  the 
structures  built  under  this  act  shall  be  subject  to  the  deter- 
mination and  approval  of  the  harbor  commissioners,  as 
provided  in  the  fourth  section  of  chapter  one  hundred  and 
forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-six. 

Section  3.  If  said  corporation  neglects  for  the  space  Bridge  to  be 
of  five  years  from  the  passage  of  this  act,  to  build  and  fiveylars"'^ 
finish  said  bridge,  then  this  act  shall  be  void. 

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

Ax>proved  June  2,  1874. 

An  Act  concerning  swine-slaughtering  associations.         /jj.      oq^; 
Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     Three   or  more   persons  who    shall  have  corporations 
associated  themselves  together  by  an  agreement  in  writing  slaughtering, 
such  as  is  described  in  section  seven  of  chapter  two  hun-  ^'^' 
dred  and  twenty-four  of  the  acts  of  eighteen  hundred  and 
seventy,  with  a  capital  of  not  less  than  one  hundred  thou- 


206 


1874.— Chapter  295. 


May  take  such 
land,  not  ex- 
ceeding one 
hundred  acres, 
as  the  board  of 
health  may 
approve. 


To  file  a  de- 
scription in  reg- 
istry of  deeds. 


Proviso. 


Liability  for 
damages. 


sand  nor  more  than  five  hnndred  thousand  dolhxrs,  with  the 
intention  to  constitute  a  corporation  for  the  purpose  of 
buying  and  slaughtering  swine,  and  of  melting  and  render- 
ing and  pork-packing,  shall  become  a  corporation  upon 
complying  with  the  provisions  of  the  eleventh  section  of 
said  act,  with  all  the  powers,  rights  and  privileges,  and 
subject  to  all  the  duties,  limitations  and  restrictions  con- 
ferred by  said  act  upon  corporations  except  as  hereinafter 
provided,  and  subject  to  all  general  laws  which  now  are  or 
hereafter  may  be  fii  force,  applicable  to  such  corporations. 

Section  2.  Such  corporation  may  take  and  hold  by 
purchase  or  otherwise  such  parcel  of  land,  not  exceeding 
one  hundred  acres  in  extent,  and  situated  in  such  place  as 
the  state  board  of  health  shall  by  vote  approve  or  deter- 
mine to  be  suitable  for  the  carrying  on  of  said  business  ; 
and  such  corporation  shall  within  sixty  days  from  the  time 
it  takes  any  land  otherwise  than  by  purchase,  tile  in  the 
office  of  the  registry  of  deeds  for  the  county  wherein  said 
lands  lie,  a  description  thereof,  as  certain  as  is  required  in 
a  common  conveyance  of  lands,  together  with  a  statement 
of  the  purpose  for  which  the  lands  are  taken,  which  de- 
scription and  statement  shall  be  signed  b}^  the  president  ot 
the  corporation  :  provided,  hoivever,  that  no  land  shall  be 
taken  under  the  provisions  of  this  section,  without  the  ap- 
proval in  writing  of  the  mayor  and  aldermen  of  the  city, 
or  the  selectmen  of  the  town  in  which  the  land  is  taken. 

Section  3.  Such  corporation  shall  be  liaMe  to  pay  all 
damages  sustained  by  any  persons  in  their  property  by  the 
taking  of  any  land  for  the  purposes  of  this  act.  Any  per- 
son sustaining  damages  as  aforesaid,  and  not  agreeing  upon 
the  damages  to  l)e  paid  therefor,  may  apply  by  petition  for 
the  assessment  of  his  damages,  at  any  tiine  within  one  year 
from  the  taking  of  said  land,  to  the  superior  court  in  the 
county  in  which  said  land  is  situate  :  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  corporation,  returnable,  if  issued  in  vacation,  to  the 
then  next  term  of  the  said  court,  held  fourteen  days  at 
least  after  the  issuing  of  said  summons  ;  and  if  in  term 
time,  returnable  on  such  day  as  the  court  shall  order,  to 
appear  and  answer  to  the  said  petition  ;  the  said  summons 
shall  be  served  fourteen  days  at  least  before  the  return  day 
thereof,  by  leaving  a  copy  thereof  with  the  clerk  of  the 
corporation,  and  upon  the  return  of  said  summons  duly 


1874.— Chaptee  295.  207 

served,  the  said  petition  shall  stand  as  a  cause  in  said 
court,  and  all  questions  of  tact  relating  to  the  damages  sus- 
tained by  the  petitioner  shall  be  heard  and  determined, 
and  the  amount  of  such  damages  shall  be  assessed  by  a  xnaibyajury. 
jury  of  said  court,  unless  the  parties  in  writmg  waive  their 
right  to  a  jury  trial  and  agree  that  the  question  of  said 
damages  shall  be  determined  by  the  court ;  and  the  verdict 
of  said  jury,  being  accepted  and  recorded  by  said  court, 
or  the  award  of  the  court,  if  jury  trial  is  waived,  shall 
be  final  and  conclusive,  and  judgment  shall  be  rendered, 
and  execution  issued  thereon,  and  costs  shall  he  recovered 
by  the  petitioner  if  the  amount  of  said  judgment  exceeds 
the  amount  offered  him  for  his  damage  by  the  corporation 
before  the  filing  of  said  petition ;  otherwise  the  corpora- 
tion shall  recover  its  costs. 

Section  4.  Such  corporation  shall  proceed  to  Ijuild  'f^J'ie^^yfi^i^ga^ 
upon  said  land  suitable  buildings  for  the  slaughtering  of  &c. 
swine,  and  for  melting  and  rendering  purposes,  and  all 
necessary  stables  and  out-buildings,  lint  no  building  shall 
be  erected  until  the  plans  thereof,  with  all  details  of  con- 
struction, have  been  submitted  to  and  approved  by  said 
state  Ijuard  of  health,  or  some  person  designated  l)y  said 
board  to  examine  said  plans.     All  the  business  of  the  cor-  Business  to  be 

,•  1111  •!  •  1  'il  1  ™         carried  OQ  under 

poration  shall  be  carried  on  in  accordance  watn  such  regu-  regulations 
lations  as  said  board  shall,  from  time  to  time,  establish  and  boaKronfeaitii. 
furnish  in  writing  to  the  clerk  of  such  corporation,  and  for 
each  violation  of  any  one  of  said  regulations,  the  corpora- 
tion shall  be  lialde  to  a  fine  of  not  less  than  twenty  nor 
more  than  five  hundred  dollars,  to  be  recovered  by  indict- 
ment against  said  corporation. 

Subject  to  the  foregoing  provisions  such  corporation 
may  nianufiicture  and  sell  any  of  the  usual  products  of  said 
slaughtering,  and  melting  and  rendering  business,  or  may 
lease  or  permit  other  persons  to  use  their  buildings,  or 
parts  thereof  on  such  terms  as  may  be  agreed  upon.  And 
each  member  of  the  corporation  shall  have  the  right  to 
slaughter  on  said  premises,  subject  to  such  regulations  and 
such  tariff'  of  prices  as  the  corporation  may  by  vote  at  any 
regular  meeting,  establish,  and  to  the  regulations  of  the 
said  board  of  health  as  aforesaid.  And  any  person  engaged 
in  slaughtering  or  other  business  on  the  premises  of  such 
corporation,  who  shall  violate  any  of  the  said  regulations 
of  said  board,  shall  be  lial^lc  to  the  penalty  herein  before 
afiixed  to  violations  thereof  by  such  corporation. 

Approved  June  2,  1874. 


208 


187.1:.— Chapter  296. 


Ch.   296. 


Town-way  and 
crossing  at 
grade  over  Bos- 
ton &  Albany- 
Railroad  in 
Natick. 


Passenger  sta- 
tion to  be  re- 
moved within 
ninety  days. 


Assessment  of 
damages. 


This  act  may  be 
altered  or 
repealed  by  the 
legislature. 


An  Act  to  establish  a  public  carriage-way  and  crossing  in 

NATICK. 

Be  it  enacted,  c&c,  as  follows: 

Section  1.  A  public  carriage-way  and  town-Avay  and 
crossing  at  grade,  over  the  Boston  and  Albany  Railroad, 
to  connect  the  two  parts  of  Washington  Street,  a  town- 
way  in  Natick,  as  described  and  ordered  in.  and  by  the 
judgment  and  order  of  the  commissioners  of  Middlesex 
County,  at  their  meeting  holden  in  Cambridge  on  the  first 
Tuesday  of  January  in  the  year  eighteen  hundred  and 
seventy-four,  are  hereby  established.  And  the  town  of 
Natick  shall  construct  said  way,  and  keep  the  same  in 
repair,  to  the  line  of  said  railroad.  And  said  railroad 
company  shall  construct  said  way  and  crossing  over  its  land 
and  track,  within  ninety  days  after  the  passage  of  this  act. 

Section  2.  The  Boston  and  Albany  Railroad  Company 
is  hereby  required  to  remove  its  passenger  station  and 
depot  in  Natick,  from  the  limits  of  said  way  and  crossing 
eastwardly  from  its  present  site,  a  distance  of  not  less  than 
one  hundred  feet  and  not  more  than  one  hundred  and  fifty 
feet,  within  ninety  days  from  the  passage  of  this  act. 

Section  3.  Any  person  or  corporation  whose  land  is 
taken  or  who  sustains  any  damages  by  reason  of  the  estab- 
lishing of  said  way,  may  within  one  year  from  the  passage 
of  this  act  apply  to  the  selectmen  of  Natick  to  assess  such 
damages,  and  the  same  shall  be  so  assessed  within  three 
months  from  the  time  of  such  application  and  be  paid  by 
said  toAvn.  Any  person  or  corporation,  or  said  town, 
aggrieved  by  the  failure  of  said  selectmen  to  assess  such 
damages,  or  by»  their  estimate  of  the  same,  may  within 
eighteen  months  from  the  passage  of  this  act  apply  for  a 
jury  b}'  petition  to  the  superior  court  for  the  county  of 
Middlesex,  to  determine  the  complaint  and  assess  the 
damages,  and  such  damages  assessed  by  the  jury  shall  be 
paid  by  said  town  ;  and  if  the  damages  are  increased  above 
the  sum  assessed  by  the  selectmen  all  legal  charges  shall 
be  paid  by  the  town,  otherwise  the  charges  shall  be  paid 
by  the  applicant. 

Section  4.  The  legislature  may  at  any  time  amend, 
alter  or  repeal  this  act ;  and  the  public  carriage-way,  town- 
way  and  crossing  at  grade  hereby  established  shall  be 
subject  to  the  provisions  of  general  laws  now  in  force,  or 
which  may  hereafter  be  enacted  relating  to  crossings  of 
railroads  l)y  highways  and  town-ways. 

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

Approved  June  2, 1874. 


1874.— Chapters  297,  298,  299.  209 


An  Act  m   relation  to   taking   depositions   to   perpetuate  rjj^^    297. 

TESTIMONY. 

Be  it  enacted^  &c.,  as  follows: 

Whenever  a  person  is  desirous  to  perpetuate  his  own  Depositions  to 

testimony,  his  deposition  may  be  taken    in    the   manner  tL-sumuny! 

provided  by  chapter  one    hundred  and  tliirty-one  of  the 

General  Statutes,  and  the  provisions  of  said  chapter  rehit- 

ing  to  depositions  to  perpetuate  testimony  shall  apply  to 

such  deposition,  so  far  as  the  same  may  be  applicable. 

Approved  June  2,  1874. 
t_ 

An  Act  in  audition  to  an  act  to  authorize  the  formation  rij      oQg 
OF  railroad  corporations. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     When  a  railroad  corporation,  whose  road  capital  stock  to 

,.  />.i  !<      1       •  •        1  Til  be  at  least  $5,000 

is  01  a  gauge  ot  three  reet,  is  organized  under  the  pro-  for  each  miie  of 

visions   of    chapter   fifty-three    of    the    acts    of    eighteen  ^°^^' 

hundred  and  seventy-two,  its  capital  stock  as  required  by 

section  two  of   said  act  shall  be  at    least  five  thousand 

dollars  for  each  mile  of  its  road  :  provided,  however,  that 

no  railroad  corporation  having  a  railroad  of  said  gauge 

shall  be  permitted  to  commence  ruunnig  its  trains  until  its    • 

paid  up  capital  stock  shall  be  equal  to  at  least  oue-half  of 

its  cost  including  equipment. 

Section  2.      So  much  of  section  two  of  said  chapter  Repeal,  1872, 53, 
fifty-three  as  is  inconsistent  with  this  act  is  repealed.  ^  ^' 

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

Approved  June  2,  1874. 


Ch.   299. 


An  Act  relating  to  the  laying  out  of  foot-ways. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Towns  and  cities  by  their  proper  officers  Towns  and 
may  lay  out  foot-ways  for  the  use  of  the  public  in  their  ouTfbXways^ 
respective  towns  and  cities.  All  proceedings  in  reference 
to  laying  out  and  establishing  such  foot-ways,  the  accept- 
ance thereof,  and  the  assessment  and  award  of  damages 
sustained  by  any  person  in  his  property  shall  be  in  con- 
formity with  the  provisions  of  law  applicable  to  the  laying 
out  and  establishing  of  town  ways. 

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

Approved  June  2,  1874. 
27 


210  1874.— Chapters  300,  301. 


Cll.    300.  An  Act  concerning  the  fiest  christian  church  and  society 

IN   LYNN,   AND   THE   MUTUAL   SEAVING   SOCIETY   CONNECTED   THEUE- 
AVITII. 

Be  it  enacted,  &c.,  as  follows : 

May seiiiand.  SECTION  1.  Jamcs  Wheeler,  trustee  fof  the  benefit  of 
the  Mutual  Sewing  Society  connected  with  the  First 
Christian  Church  and  Society  in  Lynn,  and  the  said 
First  Christian  Church  and  Society  arc  authorized  to  sell 
and  convey  a  certain  piece  of  land  Avith  a  chapel  thereon, 
situated  on  the  north-east  side  of  Silsby  Street  in  Lynn. 
Such  sale  to  be  made  in  the  manner  prescribed  for  the  sale 
of  real  estate  by  guardians,  and  subject  to  the  provisions 
concerning  the  rights  of  pcAv  oAvners,  set  forth  in  chapter 
thirty,  section  thirty-five  of  the  General  Statutes.     And 

Proceeds  of  sale  the  ijroceeds  of  such   sale   (subject   to  the  above  limita- 

to  be  applied  to       ..-'■,,,,  •,t-ii  •  ij.ii 

election  of  tiou)  shall  bc  appropriated  m  Avhole,  or  in  part,  to  the 
purchase  of  land  and  the  erection  of  a  chapel  for  the  use 
of  the  before-mentioned  First  Christian  Church  and 
Society,  or  of  land  Avith  a  suitable  building.  And  the 
residue,  if  any,  shall  be  invested  in  any  of  the  securities 
in  Avhich  savings  banks  are  authorized  to  invest,  and  the 
income  thereof  shall  be  applied  to  any  of  the  purposes  set 
forth  in  the  trust  declared  in  a  decree  of  the  supreme 
judicial  court  in  and  for  the  county  of  Essex  at  the  April 
term  in  the  year  eighteen  hundred  and  seventy-two.  And 
said  trustee  and  his  successors  shall  give  such  bond  for  the 
faithful  discharge  of  the  trust  as  may  be  required  by  the 
judge  of  probate  for  the  county  of  Essex. 

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

Approved  June  2,  1874. 


chapel,  &c. 


Ch        SOI      A^"   A^"^   '^'^  AUTHORIZE    THE    SHAAVMUT    BOAT   CLUB   TO   CONSTRUCT 
<-»     -L.  ^j^jj   MAINTAIN  A   BOAT-HOUSE. 

Be  it  enacted,  &c.,  as  follows  : 
Mayx^onstnict         Section  1.     Liceusc  is  granted  to  tlie  ShaAA'raut  Boat 

a  boat-bouse  _,,     ,  ,  t  •    V     •  i  j_   i  •! 

upon  piles,  on  Club  to  consti'uct  aud  maintain  a  boat-house  upon  piles  on 
of  Dover  stiiet  the  northerly  side  of  Dover  Street  bridge,  subject  to  the 
Bridge.  provisions  of  section  four   of  chapter   one   hundred  and 

forty-nine  of  the  acts  of  the  year  eighteen  hundred  and 
sixty-six :  provided,  however,  that  this  license  may  be 
revoked  by  the  board  of  harbor  commissioners  whenever 
in  its  judgment  such  revocation  becomes  expedient. 

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

Ai^proved  June  2,  1874. 


1874.— Chapters  302,  303.  211 


An  Act  to  establish  a  hakbor  line  on  the  south  channel  ni^      Q()2 

OF   MYSTIC   KIVEB.  '      *       '^' 


Be  it  enacted^  &c.,  as  follows  : 

Section  1.     No  wharf,  pier  or  other  structure  shall  1)6  Harbor  une 
extended  into  or  over  tide-water  in  the  south  channel  of  the^lolnii^^dui". 
Mystic  River,  between  the  north-westerly  corner  of  the  "^'j|,.er.^^'^^'° 
sea-wall  of  the  United  States  navy  yard  and  the  present 
harbor  line  at  the  w^esterly  end  of  said  channel,  from  the 
southerly  bank  of  said  river  beyond  the  line  hereinafter 
defined. 

The  line  on  the  southerly  side  of  the  south  channel  of 
Mystic  River  begins  at  the  north-westerly  corner  of  the 
sea-wall  of  the  United  States  navy  yard  and  runs  westerly 
in  a  straight  line  to  the  present  north-westerly  corner  of 
Holmes'  wharf;  thence  continues  westerly  in  a  straight 
line  to  the  present  north-easterly  corner  of  Stone's  wharf; 
thence  continues  westerly  following  and  coinciding  with 
the  northerly  face  of  said  Stone's  wharf  and  continues  in 
tlie  same  direction  to  the  present  north-easterly  corner  of 
Clark  and  Smith's  wdiarf ;  thence  continues  westerly  in  a 
straight  line  to  a  point  in  the  present  harbor  line  at  the 
westerly  end  of  said  south  channel  and  distant  one  hun- 
dred and  fifty  feet  southerly  from  the  north-westerly 
corner  of  said  channel  as  said  channel  is  defined  in  chapter 
four  hundred  and  eighty-one  of  the  acts  of  the  year 
eighteen  hundred  and  fifty-five. 

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

Ajyjjroved  June  4,  1874. 

An  Act  to  amend  the  laavs  relating  to   school   registers  rij.      ^Q3 

AND   RETURNS. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1 .     The  school  committees  shall  annually  in  sciiooi  commu- 
the  month  of  May,  ascertain,  or  cause  to  be  ascertained  recoi°i'^f'Tif 
the    names    and   ages    of  all   persons   belonging  to  their  tweeiwlVerof 
respective   towns  and    cities    on   the   first  day  of  May,  five  and  fifteen. 
between  the  ages  of  five  and  fifteen  years,  and  make  a 
record  thereof. 

Section  2.     The  school  committee  shall  animally  on  or  to  certify  num 
before  the  last  day  of  the  following  April,  certify  under  a[so°siim V-difed 
oath,  the  numbers  so  ascertained  and  recorded,  and  also  Bchooil?"''"^ 
the  sum  raised  by  such  city  or  town  for  the  support  of 
schools  during  the  preceding  school  year,  including  only 
wages  and  board  of  teachers,  fuel  for  the  schools,   and 
care  of  the  fires  and  school-rooms,  and  they  shall  transmit 


212 


1874.— Chapter  J504. 


Form  of  certi- 
ficate. 


Repeal. 


such  certificate  to  the  secretary  of  the  board  of  education. 
The  form  of  such  certificate  shall  be  as  follows,  to  wit  : — 

We,  tbe  scliool  committee  of  ,  do  certify  that  on  the  first  day 

of  May,  in  the  year  ,  there  were  belonii'ino;  to  said  town  the 

number  of  persons  between  the  ages  of  five  and  fifteen ;  and 

we  lurther  certify  that  said  town  raised  the  sum  of  dolLirs  for 

tlie  support  of  public  scliools  for  the  preceding  school  year,  including 
only  the  wages  and  hoard  of  teachers,  fuel  lor  the  schools  and  care 
of  fires  and  school-rooms ;  and  that  said  town  maintained,  during 
said  year,  each  of  the  schools  required  to  be  kept  by  the  first  section 
of  the  thirty-eighth  chapter  of  the  General  Statutes  for  a  period  not 
less  than  six  months ;  and  we  further  certify  that  said  town  main- 
tained during  said  year  school  for  the  benefit  of  all  the  inhabit- 
ants of  the  town  as  reqtiired  by  sectitni  two  of  chapter  thirty-eight 
of  the  General  Statutes  for  months  and  days. 

>  School  Committee. 

[ss.] 

On  this  day  of  ,  personally  appeared  the  above  named 

school  committee  of  ,  and  made  oath  that  the  above  certificate 

by  them  subscribed,  is  true. 

Before  me,  Justice  of  the  Peace. 

Section  3.  Section  three  of  chapter  forty  of  the 
General  Statutes,  and  section  four  of  the  same  chapter, 
as  amended  by  section  two  of  chapter  one  hundred  forty- 
two  of  the  acts  of  one  thousand  eight  hundred  and  sixty- 
five  are  repealed.  Approved  June  4,  1874. 


Ch.   304^^ 


Junction  Shoal 
in  Boston  Har- 
bor to  be 
dredge  i  oflf,  and 
material  used 
f(ir  tillinsr  tints 
at  .South  Boston. 


Act  to  provide  for  the  improvement  or  boston  harbor  at 

JUNCTION   shoal. 

Be  it  enacted,  &c.,  as  follows: 

The  board  of  harbor  commissioners  is  authorized  to  con- 
tract for  dredging  off  a  portion  of  Junction  Shoal  in 
Boston  Harbor,  in  the  neighborhood  of  Constitution  Wharf, 
in  such  locality  as  said  board  shall  designate,  to  a  depth 
not  exceeding  twenty-three  feet  at  mean  low  w'ater,  and 
said  board  may  authorize  the  use  of  the  material  so 
dredged  for  filling  the  Commonwealth's  flats  at  South  Bos- 
ton, at  the  junction  of  the  main  and  Fort  Point  channels  or 
elsewhere.  The  income  from  the  compensation  fund  for 
Boston  Harbor  received  during  the  year  eighteen  hundred 
and  seventy-four,  and  the  receipts  during  such  year  from 
assessments  for  compensation  for  tide-water  displaced 
which  would  otherwise  be  paid  into  the  said  compensation 
fund,  shall  be  used  to  pay  for  such  dredging  to  an  amount 
not  exceeding  fifteen  thousand  dollars,  which  sum,  derived 
from  the  sources  afoiesaid  and  no  other,  may  be  allowed 
and  paid  for  such  dredging,  and  the  same  is  hereby  appro- 


1874.— Chapter  305.  213 

priated.  Xo  such  contract  shall  be  made  Avithout  the 
approval  of  the  governor  and  council. 

Approved  June  4,  1874. 

-» 

An  Act  to  amend  chapter  tavo  hundred  and  sixty-tavo  of  the  /yj      QAn: 

ACTS  OF  eighteen  HUNDRED  AND  SEAENTY-TWO.  ENTITLED  AN 
ACT  CONCERNING  THE  CROSSING  OF  RAILROADS  BY  HIGIIAVAYS  AND 
TOAVN  AVAYS. 

Be  it  enacted,  &c.,  as  follows : 

Sectiox  1.  Tiie  first  section  of  the  tAvo  hundred  and  ^y™/')^!?''."^ ^'^ 
sixty-second  chapter  of  the  acts  of  eiohteen  hundred  and 
seventy-two  is  hereby  amended  by  striking  out  the  folloAv- 
ing  Avords — "  that  the  approaches  to  or  method  of  such 
crossing  should  in  any  Avay  be  altered"  and  inserting  in 
place  thereof  the  folloAving  Avords — "that  any  alteration 
should  be  made  in  such  crossing,  or  in  the  approaches 
thereto,  or  in  the  method  of  such  crossing,  or  in  the  loca- 
tion of  the  railroad  or  in  the  location  of  the  highAvay  or 
town  AA^aA',  or  in  any  bridge  at  such  crossing." 

Section  2.     If,  under  the  provisions  of  the  first  section  iftiiecommis. 
of  the  tAvo  hundred  and  sixty-second  chapter  of  the  acts  ()f  tha"  nuiroa'uir 
eighteen  hundred  and  seventy-tAvo,   the  county  commis-  bc5|.i^i"v-d!"" 
sioners  decide  that  the  location  of  the  railroad  or  of  the  i^i»i""ybe 

11111  111  taken  therefor. 

highway  or  toAvn  Avay  shall  be  changed,  land,  or  other 
property,  may  be  taken  therefor  according  to  the  pro- 
A'isions  of  Liav  ;  and  all  damages  occasioned  by  such  taking 
shall  be  assessed  according  to  the  provisions  of  the  laws 
which  uoAv  are  or  hereafter  may  be  in  force  regulating  the 
taking  of  land  by  railroad  corporations,  or  the  taking  of 
land  for  highwaA's  and  town  Avays,  as  the  same  may  be 
applicable. 

Sections.     Any  award  made  under  the  provisions  of -^|^;'»'|^'?.<o|;'e 
the  second  section  of  said  act  shall  be  filed  in  the  oflice  of  roaa  commis- 
the  board  of  railroad  commissioners,  and  the  same  shall  be  "°"''''®" 
final,  unless  some  party  aftected  thereby,  Avithin  thirty  days 
of  the  rendering  of  such   aAvard,  requests  in  Avriting  the 
commission    established    by  said    section    to    return    said 
award  into  the  supreme  judicial  court  for  the  county  in 
which  the   crossing  is  situated,  and,  upon  such  recpiest, 
said  commission  shall  so  return  said  aAvard,  Avhich  shall  be 
subject  to  revision  in  the  same  manner  as  if  said  commis- 
sion had  derived  its  poAverto  act  in  the  premises  under  the 
appointment  of  said  court,  and  said  aAvard  when  accepted 
by  said  court,  shall  be  final. 

Section  4.     The    supreme    judicial    court   shall    have  s.  j.  c.  may 
jurisdiction  in  equity  to  compel  compliance  Avith  all  orders,  anl^^wltiTorders 

of  commission. 


214 


1874.— Chapter  306. 


Cases  now  pend- 
ing not  to  be 

attected. 


decrees  and  judgments  of  the  commission  established  b}^ 
the  second  section  of  said  act. 

Section  5.  Nothing  in  this  act  contained  shall  in  any 
wise  affect  any  case  now  pending,  or  in  which  proceedings 
have  been  commenced. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  4,  1874. 

Ch.    306.  An  -^ct  relating  to  bail  in  criminal  cases. 

Be  it  e7iacted,  &c.,  as  folloivs: 
Party  foifeiting       Section  1.     No  pcrson,  arrcstcd  on  a  criminal  charo'c, 
nai  case  not  to     who  IS  released  on   bail  or  recognizance  and  lorieits  or 
Anther  bail        makcs  dcfault  upon  his  bail  bond  or  recognizance,  shall  be 
lomT^^^^^^°^  again  permitted  to  go  at  large  upon  further  bail  or  recog- 
nizance ill  the  same  case,  unless  by  order  of  some  justice 
of  the  court  in  which  said  charge  was  pending  at  the  time 
of  said  default,  after  showing  some  reasonable  excuse  for 
his  previous  defnult  or  forfeiture. 

Section  2.  Section  one  of  chapter  one  hundred  and 
sixty-nine  of  the  acts  of  eighteen  hundred  and  sixty-two  is 
hereby  repealed. 

Section  3.  Section  thirty-live  of  chapter  one  hundred 
and  seventy  of  the  General  Statutes  is  hereby  amended  by 
inserting  after  the  word  "  triable  "  at  the  end  of  the  second 
line  the  words  "  whether  such  adjournment  is  final  or  from 
day  to  day." 

Section  4.  Section  tliirty-six  of  said  chapter  one  hun- 
dred and  seventy  is  hereby  amended  so  as  to  read  as 
follows,  viz.  A  justice  of  the  supreme  judicial  court  or 
superior  court  or  a  standing  or  special  commissioner  ap- 
pointed by  either  of  said  courts  ;  a  justice  or  clerk  of  a 
district,  municipal  or  police  court  or  a  master  in  chancery 
in  any  county,  on  application  of  a  prisoner  held  under 
arrest  or  committed  for  bailable  offence,  whether  on  a 
warrant  or  without  one,  may  inquire  into  the  case  and 
admit  such  prisoner  to  bail ;  and  such  officers  may  respec- 
tively admit  to  bail  any  person  committed  for  not  finding 
sureties  to  recognize  for  him. 

Section  5.  The  term  "  magistrate  "  wherever  it  occurs 
•ucdtointiiKie  {yx  aiiv  scctlon  of  the  statutes  providins;  for  admitting  per- 
sons  to  bail  in  criminal  cases,  shall  be  construed  to  include 
bail  commissioners,  so  far  as  it  shall  he  necessary  to  give 
them  authority  to  act  in  any  case  of  admitting  prisoners  to 
bail. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  1874, 


V,rx)c"\]  of  1S62, 
169,  §  1. 


Amendment  to 
U.  S.  170,  §  3o. 


Amendment  to 
G.  S.  170,  §  oG. 


Tlie  term  "mag- 
istrate "  eon 


bail  eommis 

siouers. 


1874.— Chapter  307.  215 


Ax  Act  to  annex  a  part  of  the  town  of  tewksbtjry  to  the  /^x   oz-jT' 

CITY   OF  LOWELL.  ^'^'      ^^  ^  ' 

Be  i'  enacted,  &c.,  as  follows  : 

Section  1.  That  part  of  the  town  of  Tewksbury  con-  PartofTewks- 
taiiied  within  the  lines  described  as  follows  :  Beginning  at  Loweu""*^''' 
a  stone  bound  in  ^Merrimack  Kiver  al)out  six  hundred  and 
sixty-seven  feet  easterly  of  the  north-easterly  bound  be- 
tween the  city  of  Lowell  and  the  town  of  Tewksbury  as 
established  by  chapter  one  hundred  and  fifty-nine  of  the 
acts  of  eighteen  hundred  and  thirty-four ;  thence  running 
south,  six  degrees  lifteen  minutes  east,  crossing  the  old 
Andover  road,  to  a  point  in  Andover  Street ;  thence  in 
the  same  course,  crossing  said  Andover  Street,  to  the 
corner  of  a  new  street,  and  by  the  westerly  line  of  said 
new  street  a1)out  four  hundred  and  sixty-three  feet  to  a 
point  in  a  cross  fence  at  a  hub  ;  thence  south  four  degrees 
west,  three  thousand  six  hundred  and  sixty-four  feet,  to  a 
hub  at  the  intersection  of  the  southerly  line  of  the  high- 
way called  High  Street,  or  otherwise  known  as  Main 
Street,  with  the  westerly  line  of  the  highway  or  town  Avay 
known  as  the  Billerica  Road  ;  thence  south-Avesterly  about 
seventeen  hundred  and  forty-nine  feet  to  a  stone  bound  at 
the  most  south-easterly  corner  of  the  land  of  the  pro- 
prietors of  the  Lowell  Cemetery,  enclosed,  and  known  as 
the  "Lowell  Cemetery";  thence  south-westerly  to  the 
point  in  Concord  River  at  which  the  northerly  line  of  the 
location  of  the  Lowell  and  Lawrence  Railroad  intersects 
the  present  boundary  line  between  said  town  and  city,  and 
thus  northerly  by  said  boundary  line  to  the  point  of  begin- 
ning, with  all  the  inhabitants  and  estates  therein,  is  hereby- 
set  otF  from  the  town  of  Tewksbury,  and  annexed  to  the  city 
of  Lowell,  and  until  a  new  division  of  wards  in  said  city, 
shall  be  and  constitute  part  of  the  sixth  ward  thereof. 
And  the  hubs  or  stone  bounds  above  mentioned  shall  be 
erected  and  maintained  l)y  said  city. 

Section  2.     The  inhabitants    and   estates  within    said  Tax^«"i':<=''[^y 

^  _  assest-eU  to  be 

territory  hereby  set  off,  and  the  owners  of  such  estates  paid  as  hereto- 

•'  ^J  '  fore, 

shall  be  holdeii  to  pay  all  taxes  heretofore  assessed  and  in 
arrears  and  all  taxes  assessed  or  ordered  to  be  assessed  by 
said  town  for  the  present  year,  and  such  taxes  may  be 
assessed  and  collected  in  the  same  manner  as  if  this  act 
had  not  been  passed.  And  until  the  next  state  valua- 
tion, the  city  of  Lowell  shall  annually  in  the  month  of 
November,  pay  to  the  town  of  Tewksbury  one-tenth  of  all 


216  1874.— Chapteks  308,  309. 

state  and  county  taxes  that  shall  be  assessed  upon  said 
town. 
Persons  entitled      SECTION  3.     If  auj  pei'sous  "W'ho  havc  heretofore  gained 
paupers,  to  re-    a  legal  Settlement  in  the  town  of  Tewksbury  by  reason  of 
Loweii/'°™      residence  on  the  territory  set  off  as  aforesaid,  or  b}'^  havino- 
been  proprietor  thereof,  or  who  may  derive  such  settle- 
ment from  any  such  resident  or  proprietor,  shall  come  to 
want  and  stand  in  need  of  relief  and  support,  they  shall  be 
relieved  and  supported  by  the  city  of  Lowell,  in  the  same 
manner  as  if  they  had  gained  a  legal  settlement  in  said 
city. 
Election  of  sen-       Section  4.     The  Inhabitants  upon  the  territory  hereby 

ators  aiKl  repre-  fiu  •  i  n      ^  -m 

sentativesto       sct  ofi,  shall  coutuuie  to  be  a  part  ot  the  town  of  Tewks- 
gtneia  cour .     j^^j^.^  j-^y  ^j^^^  purposc  of  clcctiug  scuators  and  representa- 
tives to  the  general  court,  until  the  next  apportionment 
shall  be  made,  and  it  shall  be  the  duty  of  the  mayor  and 
aldermen"  of  said  city  of  Lowell,  to  make  a  true  list  of  the 
persons  residing  on  said  territory  qualified  to  vote  at  such 
elections,  and  the  same  may  be  used^by  the  selectmen  of 
Tewksbury  for  such  elections  in  the  same  manner  as  if  it 
had  been  prepared  bj'  themselves. 
fown  wa^s'^niay       SectiOxX  5.     The  citv  of  Lowcll  shall  have  the  power 
be  altered  by      aud  authority  to  alter,  straighten,  widen,  repair  and  grade 
all   county  aud  town  ways  within    the  territory  hereby 
annexed. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  5,  IST-t. 

CJl.    308.  An  Act  to  amend  chapter  one  hundred  and  sixty-seven  of 

THE   ACTS   OF   EIGHTEEN    HUNDRED   AND     SEVENTY-ONE,   RELATING 
•TO   SLAUGHTER-HOUSES   AND   NOXIOUS   AND   OFFENSIVE   TRADES. 

Be  it  enacted,  t&c,  as  follows  : 
imX^A^'^X  Section  1.  Sections  one  and  two  of  chapter  one  hun- 
dred and  sixtj^-seven  of  the  acts  of  eighteen  hundred  and 
seventy-one,  are  hereby  amended,  by  striking  out  the 
words  "containing  more  than  four  thousand  inhabitants" 
wherever  they  occur. 

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

Ai->proved  June  5,  1874. 

CJl.      309.   -^^  ^^^  '^'^   AMEND   AN   ACT   TO   AUTHORIZE    THE   TOWN   OF   LEXING- 
TON  TO   RAISE   MONEY   FOR  A   CENTENNIAL   CELEBRATION. 

Be  it  enacted,  &c.,  as  follows  : 
Amendment  to        Section  1 .     The  act  authorizing  the  town  of  Lexington 
to  raise  money  for  a  centennial  celebration,  approved  by 
the  governor,  on  the  twenty-fourth  day  of  March  in  the 


1874.— Chaptees  310,  311,  312,  313.  217 

year  one  thousand  eight  hundred  and  seventy-four  is 
amended  by  striking  out  the  name,  John  Adams,  and  in- 
serting instead  thereof  Samuel  Adams. 

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

Approved  June  5,  1874. 

An  Act  concerning  the  bostcjn,  harke  and  Gardner  railroad  Qi.      3I Q 

CORPORATION  AND   THE  WORCESTER  AND  NASHUA  RAILROAD   COM- 
PANY. 

Be  it  enacted,  tfcc,  as  folloivs : 

Section  1.     The  Boston,  Barre  and  Gardner  Railroad  ?°;,*°"' ^^""U 
Corporation  is  authorized  to  enter  upon,  unite  with  and  Co.  may  unite 
use  the  raih'oad  of  the  Worcester  and  Nashua  Railroad  Worcester  & 
Company  ;  and  the  said  Worcester  and  Nashua  Railroad  co?^"''  ^^"  ^^" 
Company  is  hereby  authorized  to  enter  with  its  raih'oad 
upon,  unite  the  same  with,  and  use  the  railroad  of  the  said 
Boston,  Barre  and  Gardner  Railroad  Corporation,  subject 
in  either  case  to  the  provisions  of  the  general  law. 

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

Approved  Jtine  5, 1874. 

An  Act  to  authorize   the   boston  boat  club   to  maintain  a  (Jj.      Q1  ^ 

FLOATING   boat-house   ON   CHARLES   RIVER.  ^' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  board  of  harbor  commissioners  is  im-  Harbor  commis. 
powered  to  license  the  Boston  Boat  Club  to  maintain  a  iKTinn  th'e  bos. 
floating  boat-house  on  Charles  River  :  provided,  hoivever,  to'ln^untaSa^ 
that  such  license  may  be  revoked  by  said  board  whenever  I',',"''-''^"',?  °" 

-,  ,  *'  .  ,  "^  - .  Charles  River. 

m  its  judgment  such  revocation  becomes  expedient. 

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

Approved  June  5,  1874. 

An  Act  to  amend  "  an  act  to  incorporate  the  salem  children's  rij,      Qi  9 

FRIEND  society."  '  *^' 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  second  section  of  chapter  eighty-one  Anicndment  to 
of  the  acts  of  the  year  eighteen  hundred  and  forty-one,  is  ^'^^'•^^'S^- 
hereby  amended  by  striking  out  the  word  "twent}'"  in  the 
last  line  of  said  section  and  inserting  the  words   "  seventy- 
five." 

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

Ajiproved  June  5,  1874. 

An  Act  to  unite  the  city  of  ciielsea  with  the  city  of  boston,  fyj.      q-i  o 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     All  the  territory  now  comprised  within  the  cheisea annexed 
limits  of  the    city  of  Chelsea,   with  the  inhabitants  and  **^^°*'°"- 
28 


218  1874.— Chapter  313. 

estates  therein,  is  annexed  to  and  made  part  of  the  city  of 
Boston  and  shall  hereafter  be  subject  to  the  same  laws, 
municipal  regulations,  obligations  and  liabilities,  and  en- 
titled to  the  same  privileges  and  immunities  in  all  respects 
as  the  said  city  of  Boston. 

All  the  duties  now  required  by  law  to  be  performed  by 
the  ma^'or  and  aldermen  and  city  clerk  of  the  city  of 
Chelsea,  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  otiiccrs  of  the  several 
wards  as  now  established  in  said  city  of  Chelsea,  as  here- 
after provided,  respectively,  to  make  return  of  all  votes 
that  may  be  cast  therein,  from  time  to  time,  for  represen- 
tatives in  congress,  state  councillors,  senat(n's,  members 
of  the  house  of  representatives,  and  for  all  other  national, 
state,  district,  county,  municipal,  and  ward  officers,  to  the 
city  clerk  of  the  city  of  Boston. 
of^cifeiseaK  Section  2.  All' tlic  pubUc  property  of  the  said  city  of 
vested  in  city  of  Cliclsca  shall  bc  vcstcd  iu  and  is  declared  to  l)e  the  prop- 
erty 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  Chelsea.  The  city  treasurer  of 
the  said  city  of  Chelsea,  shall,  on  or  before  the  second 
Monday  of  January,  in  the  year  eighteen  hundred  and 
seventy-five,  under  the  direction  of  the  mayor  and  alder- 
men of  said  city  of  Chelsea,  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, 
monevs  and  other  property  in  his  possession  as  city  treas- 
urer of  said  city  of  Chelsea  when  this  act  shall  take  effect ; 
and  the  city  of  Boston  shall  become  liable  for  and  subject 
'  to  all  the  debts,  obligations,  duties,  responsibilities  and 

liabilities  of  said  city  of  Chelsea.  All  actions  and  causes 
of  action  which  may  l)e  pending,  or  which  shall  have  accrued 
at  the  time  this  act  shall  take  effect,  in  l)ehalf  of  or  against 
said  city  of  Chelsea,  shall  survive,  and  may  be  prosecuted 
to  final  judgment  and  execution  in  behalf  of  or  against  the 
city  of  B(jston. 


1874.— Chapter  313.  219 


i-y  of 
on- 


Section  3.     Said  territory  of  the  city  of  Chelsea  and  Territory  of 
the  territory  of  the  town  of  liev^ere  shall  constitute  a  iiidi-  stitntc  a  judicial 

.  dicstrict. 

cial  district  under  the  jurisdiction  of  the  police  court  of 
the  city  of  Chelsea  which  shall  continue  to  exist  and  shall 
hereafter  be  designated  and  known  by  the  name  of  the 
municipal  court  for  the  Chelsea  district.  Said  court  shall 
have  the  same  civil  and  criminal  jurisdiction  in  said  district, 
shall  perform  the  same  duties,  have  the  same  power  and 
authority  and  be  subject  to  the  same  regulations  as  are 
provided  in  respect  to  the  municipal  courts  of  the  city 
of  Boston  other  than  the  municipal  court  of  the  city  of 
Boston  by  an  act  entitled  an  act  relating  to  the  municipal 
courts  for  the  city  of  Boston  and  acts  in  addition  thereto. 
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  incum- 
bent np(m  the  city  council  of  the  city  of  Chelsea,  or  either 
branch  thereof,  relating  to  the  said  court  of  the  city  of 
Chelsea,  shall  hereafter  devolve  upon  and  be  performed  by 
the  cit}^  council  of  the  city  of  Boston.  All  fines  and  for- 
feitures, and  all  costs  in  criminal  prosecutions  in  said  court, 
and  all  fees  and  charges  received  in  said  court  in  civil  pro- 
ceedings, shall  be  accounted  for  and  paid  over  in  the  same 
manner  as  is  now  provided  for  the  municipal  court  of  the 
city  of  Boston. 

Hereafter  the  county  commissioners  for  the  county  of 
Middlesex  shall  not  have,  or  exercise,  any  jurisdiction 
within  said  territor}^  of  the  city  of  Chelsea,  or  over  the  in- 
habitants therein,  but  all  actions,  ancl  causes  of  action,  and 
proceedings  which  may  be  pending,  or  shall  have  accrued 
at  the  time  this  act  shall  take  effect,  shall  be  heard  and 
determined  as  though  this  act  had  not  been  passed. 

Sectiox  4.     The  four  wards  now  established  in    said  F''"'"^'>'7\s     ^ 

.  /-  111  •  -111  •  /•!        HOW  establisned 

cit}^  of  Chelsea  shall  so  remam  until  the  alteration  or  the  to  remain  umii 
ward  limits  of  said  city  of  Boston,  provided  bylaw.     And  ofVostou^e^ 
each  of  the  wards  so  estiblished  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  hereinafter 
provided  ;  and  the  board  of  aldermen  of  said  city  of  Boston, 
shall,  in  due  season,  issue  their  Avarrants  for  meetings  of 
the  legal  voters  of  said  wards  respectively,  to  be  held  on 
the  second   Tuesday  in  Decem1)er,  in  the  year  eighteen 
hundred  and  seventy-four,  at  some  place  within  said  wards 


220 


1874.— Chapter  313. 


School  coin- 
mi'ttec. 


respectively,  which  shull  be  designated  in  said  warrants, 
there  to  give  in  their  ballots  for  the  several  mnnicipal  and 
ward  officers  for  the  year  eighteen  hundred  and  seventy- 
five,  for  which  they  shall  be  entitled  to  vote  by  virtue  of 
Ward  officers  to  the  provlsious  of  tliis  act.     The  ward  officers  of  the  wards 

hold  othce  until  '■  i   i-    i        t    •  •  i        •  c    /-n       i  i       ii    i       i  i       i       . 

januarj'  1,1875.  HOW  cstaoHshed  HI  saicl  city  ot  Chelsea  shall  hold  their  re- 
spective offices  until  the  first  Monday  of  January,  in  the 
year  eighteen  hundred  and  seventy-five,  and  until  others 
shall  be  chosen  and  qualilied  in  their  stead.  And  in  case 
of  the  absence  or  resignation  of  any  ward  officer,  others 
may  be  chosen  as  now  provided  by  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- 
fore chosen  in  each  of  the  wards  of  the  said  city  of  Chelsea 
shall  expire  on  the  first  Monday  of  said  January ;  and 
there  shall  be  chosen  at  the  election  heretofore  provided 
for  in  this  section  six  persons  at  large,  two  for  three  years, 
two  for  two  years,  and  two  for  one  year,  to  be  members 
of  the  school  committee  of  the  city  of  Boston,  and  there- 
after all  vacancies  in  said  committee  shall  be  filled  as  now 
provided  by  law  for  tilling  vacancies  in  the  school  commit- 
tee of  said  city  of  Boston. 

The  registrars  of  voters  of  the  city  of  Boston  shall  pre- 
pare lists  of  all  the  legal  voters  in  said  wards  of  the  city  of 
Chelsea,  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  Bos- 
ton and  at  said  meetings  any  legal  voter  of  said  Avards, 
respectively,  ma}^  call  the  citizens  to  order  and  preside 
until  a  warden  shall  have  been  qualified. 

All  ward  officers  whose  election  is  provided  for  in  this 
section  shall  be  qualified  according  to  law.  The  citizens 
of  the  territory  by  this  act  annexed  to  the  city  of  Boston, 
shall  have  the  same  right  to  vote  for  municipal  officers,  at 
the  annual  municipal  elections  of  the  city  of  Boston,  in  the 
year  eighteen  hundred  and  seventy-four,  as  they  would 
have  had  if  said  territory  had  formed  a  part  of  the  city 
of  Boston  for  more  than  six  months  next  before  said 
election.  Wards  one,  two,  three  and  four,  of  Chelsea, 
for  all  municipal  purposes,  shall  be  known  as  and  called 
respectively,  wards,  twenty-three,  twenty-four,  twenty- 
five,  and  twenty-six  of  Boston. 

Repeal  of  law         Section  5.     All  Drovisious  of  law  requiring  au  clectiou 

requiring  elec-  ■*■  j.  o 


Citizens  may 
vote  1'or  muni- 
cipal officers  of 
Boston  in  the 
year  1874. 


1874.— Chapter  313.  221 

of  municipal  and  vrard  officers  for  said  city  of  Chelsea,  tionofmuni- 
on  the  first  Monday  of  Dcceni1)er,  in  the  year  eighteen  iM.  ° 
hundred  and   seventy-four  for   the    municipal  year    then 
next  ensuing,  are  herel)y  repealed. 

Section  6.  Until  alteration  of  the  ward  limits  of  said  common  coun. 
city  of  Boston,  as  provided  by  law,  the  conrtuon  council 
shall  consist  of  the  lawful  number  of  memliers  from  each 
ward,  and  the  territory  hereliy  annexed  shall  be  entitled  to 
four  members  of  said  common  council,  one  from  each 
Avard. 

Section  7.     The  city  maAhal,  and  the  several  assistant- Po'^ce officers 

,  T  T  /o  1  •  1  1  and  engineers  of 

marshals  and  police  ofncers,  the  engineers  and  members  fire  department, 
of  the  fire  department  that  may  be  in  office  in  the  city 
of  Chelsea,  when  this  act  shall  take  effect,  shall  there- 
after continue  in  the  discharge  of  their  respective  duties 
in  the  same  manner  as  if  they  were  marshals,  police 
ofiicers,  engineers  and  firemen  of  the  city  of  Boston,  until 
others  shall  be  appointed  in  their  stead.  The  several 
justices  of  the  peace,  masters  in  chancery,  and  notaries- 
public,  residing  in  Chelsea,  shall  continue  to  act  in  their 
said  capacities  respectively,  within  the  said  territory  of 
Chelsea,  but  their  authority  to  act  in  their  said  capacities 
shall  in  no  wise  be  increased  or  diminished  by  virtue  of 
any  provisions  of  this  act. 

Section  8.     The    territory   so    transferred,    and    the  Taxes  already 
inhabitants  thereon,  and  their  estates,  shall  be  liable  for  paw^as hereto- 
all  taxes  already  assessed  and  not  paid ;  and  also  all  city  *^°''®" 
and  state  taxes  that  may  be  hereafter  assessed  on  them  by 
said  city  of  Chelsea,  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  Chelsea,  are  hereby  respectively 
authorized  to  collect  the  same  in  the  manner  prescribed  by 
law  after  this  act  shall  take  effect. 

Section  9.     The  charter  of  the  city  of  Boston,  and  the  charters  of 
charter  of  the  city  of  Chelsea,  and  the  several  acts  passed  cheiseVso 
in  addition  thereto,  are  amended  so  as  to  conform  to  the  confonn'^to^th^e 
provisions    of  this  act ;    and    so    much    of    the    General  provisions  of 
Statutes  and  laws  as  may  be  inconsistent  with  this  act,  is 
amended,  so  as  not  to  apply  to  or  repeal  any  of  the  pro- 
visions herein  contained. 

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  votereof Boston 
Boston  present  and  voting  thereon,  by  ballot,  at  meetings  an^cheisea. 


222  1874.— Chapter  313. 

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  Chelsea,  present  and  voting  thereon,  by  ballot,  at 
meetings  which  shall  be  held  in  the  several  wards  of  said 
city  of  Chelsea,  upon  notice  duly  given  at  least  seven 
days  before  the  time  of  said  meeting.  Meetings  for  that 
purpose  shall  be  held  simultaneously  in  said  cities,  on 
Tuesday  the  third  day  of  November  next,  and  the  polls 
shall  be  opened  at  eight  o'clock  in  the  forenoon  of  said 
day,  and  shall  be  closed  at  four  and  one  half  o'clock  in  the 
afternoon.  In  case  of  the  al^scnce  of  any  ward  officer  at 
any  ward  meeting  held  in  either  city  for  the  purpose 
aforesaid,  a  like  officer  may  be  chosen  ^?'o  tenqxjve,  by 
hand  vote,  and  shall  be  duly  qualitied,  and  have  all  the 
powers  and  be  subject  to  all  the  duties  of  the  regular 
officer  at  said  meetings;  snid  ballots  shall  be  "yes"  or 
"no,"  m  answer  to  the  question,  "Shall  an  act,  passed  by 
the  legislature  of  the  Commonwealth  in  the  year  eighteen 
hundred  and  seventy-four,  entitled^ 'An  act  to  unite  the 
city  of  Chelsea  with  the  city  of  Boston,'  be  accepted?" 
Such  meeting  shall  be  called,  notified  and  warned  by  the 
mayor  and  aldermen  of  the  city  of  Chelsea,  and  by  the 
board  of  aldermen  of  the  city  of  Boston,  respectively,  in 
the  same  manner  in  which  meetings  for  the  election  of 
municipal  officers  in  said  cities,  respectively,  are  called, 
notified  and  warned.  The  ballots  given  in,  shall  be 
assorted,  counted,  and  declared  in  the  wards  in  which 
they  are  given,  in  open  ward  meeting  in  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  Chelsea  shall  be 
made  to  the  mayor  and  aldermen  of  the  city  of  Chelsea. 
All  of  said  returns  shall  be  made  within  forty-eight  hours 
of  the  close  of  the  polls. 
Resnitof  vote         Jt  shall  be  the  duty  of  the  board  of  aldermen  of  the 

to  ue  sent  t*^  .  „  "  ~  c       i 

Becritaryofthe  City  of  Bostou,  aud  of  the  mayor  and  aldermen  of  the 

Commonwealth.      ',  c   r^^      i  ^  i'/»  i  ^  i 

City  ot  Chelsea,  to  certiiy  and  return  as  soon  as  may  be 
the  ballots  cast  in  their  respective  cities,  and  the  number 
of  ballots  cast  in  favor  of  the  acceptance  of  this  act,  and 
the  number  of  ballots  cast  against  such  acceptance  in  their 


18Ti.— Chapter  313.  223 

respective  cities,  to  the  secretary  of  the  Commonwealth. 
And  if  it  shall  appear  that  a  majority  of  the  votes  cast  in 
each  of  the  said  cities,  respectively,  is  in  favor  of  the 
accejitance  of  this  act,  the  said  secretary  shall  immediately 
issue  and  publish  his  certificate,  declaring  this  act  to  have 
been  duly  accepted,  and,  after  such  publication  and 
declaration,  it  shall  not  be  lawful  for  the  city  council  of 
Chelsea,  or  of  any  board  charged  with  the  care  of  public 
property  of  said  city,  to  contract  any  loan,  or  to  make 
any  new  appropriation  of  money,  or  to  disburse  any 
money  except  in  accordance  with  appropriation. s  and 
orders  legally  made  before  the  acceptance  of  this  act, 
nnless  the  same  shall  first  be  approved  by  the  mayor  and 
board  of  aldermen  of  Boston. 

Sectiox  11.     So  much  of  this  act  as  authorizes  and  Part  of  act  to 

-,.,  ,..  /.I  •  n     ^  '■"'^^  etlect  upon 

directs  the  submission  oi  the  question  of  the  acceptance  its  passage. 
of  this  act  to  the  legal  voters  of  said  cities,  respectively, 
provided  in  the 'eleventh  section  of  this  act,   shall  take 
eflfect  upon  its  passage. 

Section  12.  If  this  act  shall  be  accepted  by  said  ^.^^^^^^^ 
cities,  as  herein  pravided,  it  shall  take  effect  on  the  cepted. 
twelfth  day  of  November  in  the  year  eighteen  hundred 
and  seventy  four,  so  far  as  to  authorize,  legalize  and 
carry  into  effect  the  acts  and  provisions  of  the  fourth, 
fifth  and  sixth  sections  of  this  aet,  but  for  all  other 
purposes,  (except  as  mentioned  in  section  twelfth  of  this 
act)  it  shall  take  effect  on  the  first  Monday  of  January,  in 
the  year  eighteen  hundred  and  seventj'-five. 

Sectiox  13.     If  any  election  or   balloting   upon   the  if  balloting  is 
question  of  the  acceptance  of  this  act,  by  either  of  said  s? jf c.!  the^  ^^ 
cities,  shall  within  two  months  thereafter  be  declared  void  question  to  be 

'  ...  .  again  submitted 

by  the  supreme  judicial  court  upon  summary  proceedings,  to  the  voters. 
which  may  be  had  in  any  county  on  the  petition  of  fifty 
voters  of  either  city,  the  question  of  accepting  said  act 
shall  again  be  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  i)rovided.  But  no  election  or  balloting  shall 
be  held  void  for  informalitv  in  callino;,  holdino^  or  conduct- 
mg  the  election,  or  returning  the  votes  or  otherwise, 
except  upon  proceedings  instituted  therefor  and  determined 
within  sixty  days  thereafter,  as  aforesaid. 

Ajjproved  June  8,  187-i. 


224  1874.— Chapter  314. 

Ch.  314.  -^^  -^CT  TO  AUTHORIZE  THE  CONSTRUCTION  OF  A  NEW  BRIDGE  AND 
AVENUE  ACROSS  THE  CHARLES  RIVER  BETWEEN  BOSTON  AND 
CAMBRIDGE. 

Be  it  enacted,  &c.,  as  follows: 
Boston  and  SECTioisr  1.     The  cities  of  Boston  and  Cambridge  are 

construct  a  new  autliorized,  subject  to  the  provisions  of  the  one  hundred 
bridge!^"  aud  forty-niuth  chapter  of  the  acts  of  the  3'ear  eighteen 

hundred  and  sixty-six  to  construct  a  bridge  and  avenue  as 
hereinafter  provided  across  Charles  River  from  a  point  on 
Beacon  Street  in  Boston  to  a  point  in  Cambridge  west  of 
the  westerly  line  of  the  lands  of  the  Boston  and  Albany 
Railroad.  The  location  of  said  bridge  and  avenue  shall 
be  determined  by  the  city  councils  of  said  cities  subject 
to  the  approval  of  the  board  of  harbor  commissioners  and 
sul)ject  moreover  to  this  limitation,  namely,  that  the  line 
thereof  shall  not  be  north-east  of  a  line  dra"srn  from  the 
junction  of  Beacon  Street  and  West  Chester  Park  in 
Boston  to  the  junction  of  Front  Street,  in  said  Cambridge, 
extended  with  said  lands  of  the  Boston  and  All)any  Rail- 
road;  nor  south-west  of  a  line  Yroin  the  junction  of 
Beacon  Street  Brookline  Avenue  and  Brio-hton  Avenue  in 
Boston  to  Putnam  Avenue  at  its  junction  with  said  lands 
of  the  Boston  and  Albany  Railroad  in  Cambridge.  Said 
bridge  shall  have  a  draw  with  a  clear  opening  of  at  least 
thirty-six  feet  in  width  for  the  passage  of  vessels. 
Bridge  to  be  SECTION  2.     Said  bridge  shall  be  lirmly  constructed  of 

with  stone  abut-  ii'on  Tcsting  upou  stoiic  picrs  and  abutments ;  the  piers 
^'^'^^-  and  abutments  to  be  of  such  size,  shape  and  construction 

and  to  be  at  such  distances  from  each  other  as  the  harbor 
commissioners,  upon  application  made  by  said  cities,  upou 
such  notice  as  said  commissioners  deem  proper,  and  after 
a  hearing  thereon,  shall  determine  and  certify  to  each  of 
said  cities,  and  no  piers  shall  be  built  except  in  accordance 
with  such  certificate.  In  making  such  determination  and 
certificate,  said  commissioners  shall  have  reference  to  the 
use  of  the  river  for  pleasure-boating  by  row-boats,  as  well 
as  for  other  purposes.  Said  avenue  within  the  harbor- 
lines  may  be  constructed  of  solid  filling  with  the  approval 
of  said  board  of  harbor  commissioners. 
uikf^iand  tbf^  Section  3.  Each  city  may  within  its  own  limits  pur- 
the purpose,  chasc  or  othcrwisc  take  lands  not  exceeding  one  hundred 
feet  in  width  for  said  bridge  aud  avenue  and  all  the 
proceedings  relating  to  such  taking  shall  be  the  same  as 
in  the  case  of  land  taken  for  highways  within  said  cities 
respectively,  with  like  remedies  to  all  parties  interested ; 


1874.— Chaptee  314.  225 

and  betterments  may  be  assessed  for  the  constrnction  of 
said  bridge  and  avenue  in  each  city  in  like  manner  as  for 
the  laying  out  of  highways,  under  the  betterment  acts  iu 
force  in  each  city,  respectively,  with  like  remedies  to  all 
parties  interested. 

Section  4.     Each  of  said  cities  shall  bear  the  expense,  Expense  of  con- 

1T111  n  J.         J.'  1  j.i?*i    struction  and 

includmg  land  damages,  ot  constructmg  such  part  oi  said  uud damages. 
bridge  and  avenue  as  lies  within  its  own  limits  ;  excepting 
that  the  expense  of  constructing  so  much  thereof,  includ- 
ing the  draw,  as  shall  lie  between  the  harbor  lines,  shall 
be  borne  equally  by  both  cities.  And  the  care  and  manage- 
ment of  said  bridge  and  draw  shall  be  vested  in  the  board 
of  commissioners  provided  for  in  section  six  of  chapter 
three  hundred  and  two  of  the  acts  of  the  year  eighteen 
hundred  and  seventy. 

Section  5.     Such  bridge  and  avenue  when  completed  Expense  of 

,,,,,,  ~     -.       .,  ^  .       '■  .     .  maintenance  to 

shall  be  a  public  highway  and  the  expense  ot  maintaining  be  borne  by  the 
the  Ijridge  and  draw  and  keeping  the  bridge  and  draw  in  e'^uauyf* 
repair  and  ajffording  all  proper  and  necessary  accommoda- 
tion for  the  passage  of  vessels  through  the  bridge  by  day 
or  night  shall  be  borne  equally  by  said  cities,  and  said 
cities  shall  be  jointly  liable  for  all  damage  resulting  from 
any  defect  or  want  of  repair  in  said  bridge  or  draw  by  care- 
lessness or  neglect  in  the  care  of  said  bridge  and  draw. 

Section  6.     Where  said  bridge  and  avenue  cross  the  Bridge  to  be 
Boston  and  Albany  Railroad,  it  shall  be  at  such  grade  as  aifove  trades  of 
will  leave  a  clear  opening  of  not  less  than  eighteen  feet  ^y  r°  r^^  ^'^'''' 
above  the  tracks  of  said  railroad  as  now  laid,  of  sufficient 
width  to  permit  the  operation  of  a  double  track.     The 
expense  of  the  necessary  and  convenient  abutments   at 
such  crossing  and  such  retaining  walls  as  may  be  required 
on  said  lands  of  said  railroad  shall  be  equitably  appor- 
tioned by  the  board  of  railroad  commissioners   between 
said  city  of  Cambridge  and  the  Boston  and  Albany  Rail- 
road Company. 

Section  7.     In   order   to   decide   wdiat    part  of    said  som  fining 

.         ,      ,  ....,,         .       authorized  by 

avenue    shall    be    maintained    by    both    cities   jointly   in  harbor commis- 
accordance  with  the  provision^  of  the  fifth  section  of  this  iimit  of  bridge. 
act,  it  is  hereby  determined  that  the  line  of  solid  filling 
authorized  by  the  board  of  harbor  commissioners  as  pro- 
vided in  the  second  section  of  this  act,  shall  be  the  limit 
of  the  bridge.' 

Section  8.     This  act  shall  not  authorize  the  construe-  Bridge  to  be 
tion  of   any   bridge   which   shall   nc^   have    been   begun  thre'e'VIarsl^and 

29 


226 


1874.— Chapter  315. 


completed  with-  witliiii  three  years,  and  completed  within  five  years  from 

in  five  years.         • , 

its  passage. 

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

AiJji^oved  June  8, 1874. 


Ch.      315.   ^^   ■^^'^  '^^   ESTABLISH  A   DISTRICT    COLET  IN   CENTRAL   MIDDLESEX. 


District  court  of 
Central  Middle- 
sex. 


To  consist  of 
one  justice  and 
two  special 
justices. 


Either  justice 
may  issue 
warrants. 


Courts  for  crim- 
inal and  civil 
business. 


Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  towns  of  Acton,  Bedford,  Carlisle, 
Concord,  Lincoln,  Maynard,  Stow  and  Lexington,  shall 
constitute  a  judicial  district,  under  the  jurisdiction  of  the 
court  hereby  established  therein,  by  the  name  of  the  Dis- 
trict Court  of  Central  Middlesex.  Said  court  shall,  except 
as  is  hereinafter  provided,  have  the  same  jurisdiction,  power 
and  authority,  shall  perform  the  same  duties,  and  be  sub- 
ject to  the  same  regulations  as  are  provided  with  respect 
to  existing  police  courts,  except  the  municipal  courts  of 
Boston  and  Worcester,  by  chapter  one  hundred  and  six- 
teen of  the  General  Statutes  and  by  ajl  general  laws  passed 
in  amendment  thereof  applicable  to  the  several  police 
courts  of  the  Commonwealth ;  and  all  provisions  of  law 
relating  to  criminal  and  civil  proceedings,  the  taxation  of 
costs,  the  jxiyment  of  fines,  the  expenses  of  court,  the 
accounting  and  settling  with  county  and  toAvn  for  money 
paid  into  court  as  forfeitures  or  otherwise,  and  all  other 
returns  and  requirements  of  law  applicable  to  the  several 
police  courts  of  the  Commonwealth,  except  those  before 
mentioned,  shall  apply  to  the  district  court  of  Central 
Middlesex  hereby  established. 

Section  2.  Said  district  court  shall  consist  of  one 
standing  justice  and  two  special  justices,  to  be  appointed, 
commissioned  and  qualified,  pursuant  to  the  constitution 
and  laws  of  the  Commonwealth. 

Section  3.  Either  of  the  justices  of  said  court  may 
issue  warrants  in  all  proper  cases.  No  justice  of  the  peace 
shall  hereafter  be  allowed  any  fees  for  warrants  issued 
within  said  district,  and  all  warrants  so  issued  shall  be 
made  returnable  before  said^ourt. 

Section  4.  Said  court  shall  be  held  in  said  Concord, 
and  for  criminal  business  daily,  except  on  Sundays  and 
legal  holidays,  in  some  suitable  place  to  be  furnished  by 
the  county  of  Middlesex.  Said  court  shall  be  held  for 
civil  business  on  the  first  and  third  Wednesdays  of  each 
month,  and  actions  therein  may  be  continued  to  any  future 
day. 


1874.— Chapter  315.  227 

Section  5.     The  standing  justice  of  said  conrt  shall  re-  salary  and  com- 
ceive  an  annual  salary  of  twelve  hundred  dollars ;  to  be  fuTuces?"  ° 
paid  from  the  treasury  of  the  Commonwealth,  the  compen- 
sation of  the  special  justices  shall  be  determined  and  paid 
in  the  manner  no^v  provided  by  law  for  special  justices  of 
police  courts. 

Section  G.     Said  court  shall  have  concurrent  iurisdic-  Jurisdiction  of 

•       tii6  court* 

tion  w'ith  the  superior  court  in  the  county  of  Middlesex  in 
all  personal  actions,  in  which  the  debt  or  damages  de- 
manded, or  property  replevied  does  not  exceed  in  amount 
or  value  three  hundred  dollars,  and  on  the  return  day  of 
the  writ  either  party  ma}'  demand  a  trial  by  jury  in  writing, 
which  shall  be  granted  by  said  court.  If  neither  party  de- 
mand a  trial  by  jury,  the  right  to  have  such  trial  shall  be 
taken  to  be  waived.  The  jur}'  trial  shall  be  in  accordance  Trial  by  jury. 
with  the  provisions  of  chapter  one  hundred  and  thirty-two 
of  the  General  Statutes,  and  the  judgment  of  said  court  in 
all  actions  in  W'hich  the  title  to  real  estate  is  not  put  in 
issue  by  the  pleadings,  shall  be  iinal,  unless  appeal  is  taken 
therefrom,  or  exceptions  and  appeals  on  matters  of  law  are 
had  as  hereinafter  provided.  « 

Section  7.  In  all  cases  and  proceedings  in  said  court.  Right  of  appeal 
except  where  a  jury  trial  is  had,  or  where  the  value  of  the  court. 
property  replevied  or  the  amount  claimed  in  the  writ  does 
not  exceed  fifty  dollars,  appeals  shall  lie  to  the  superior 
court  for  the  county,  in  the  manner  now  provided  by  law 
for  taking  appeals  from  the  judgments  of  justices  of  the 
peace.  In  actions  and  proceedings  where  trial  by  jury  is 
had,  exceptions  from  said  court  in  matters  of  law"  shall  lie 
to  the  superior  court  for  the  county,  shall  be  entered  at  the 
then  existing  or  next  ensuino^  term  of  said  court,  and  shall 
be  heard  and  determined  in  the  manner,  and  at  times,  to 
be  prescribed  by  general  rules  of  said  superior  court. 
Any  party  deeming  himself  aggrieved  by  such  determina- 
tion,'may  cause  such  exceptions  to  be  entered,  heard  and 
determined  iu  the  supreme  judicial  court,  under  the  same 
conditions,  in  the  same  manner,  and  with  the  same  effect, 
as  if  said  exceptions  had  originally  been  taken  and  allowed 
in  the  superior  court :  jprovided^  however,  that  where  such  , 

exceptions  are  sustained  by  the  superior  court,  the  cause 
shall  be  at  once  remanded  to  the  district  court  for  such 
new  trial ;  and  provided,  farther,  that  in  all  cases  of  excep- 
tions or  appeals  on  matters  of  law,  if  the  judgment  or 
rulings  of  the  district  court,  being  affirmed  by  the  superior 


228 


1874.— Chapter  315. 


Jurors  to  be 
summoned  from 
towns  in  the 
district. 


Proceedings 
already  com- 
menced to  be 
prosecuted  and 
determined,  &c. 


Writs  not  to 
run  into  any 
other  county, 
except,  &c. 


If  plaintiff's 
claim  is  reduced 
below  $20,  by 
set-offs,  &c., 
party  recovering 
shall  have  his 
costs. 


Justice  may 
retain  from  fees 
eight  per  cent. 
of  salary,  for 
compensation  of 
special  justices. 


court,  are  also  affirmed  by  the  supreme  judicial  court,  the 
prevailiug  party  shall  recover  double  costs  unless  the 
supreme  judicial  court  otherwise  orders. 

Section  8.  Whenever  a  jury  becomes  necessary  for 
the  trial  of  any  action  or  proceeding  in  said  district  court 
under  the  provisions  of  this  act,  the  justice  of  said  district 
court  is  authorized  and  required  to  issue  writs  of  venire 
facias  directed  to  the  sherifi'  of  the  county,  or  either  of  his 
deputies,  or  a  constable  of  any  city  or  town  in  the  district 
for  the  summoning  of  jurors,  and  the  jurors  shall  be  sum- 
moned from  the  towns  in  the  judicial  district. 

Section  9.  All  proceedings  duly  commenced  before 
any  trial  justice  or  justice  of  the  j^eace  for  said  county, 
within  said  district,  before  this  act  takes  full  effect,  shall 
be  prosecuted  and  determined  as  if  this  act  had  not  been 
passed,  and,  except  as  herein  provided,  the  jurisdiction  of 
trial  justices  and  justices  of  the  peace  shall  be  excluded 
within  the  judicial  district  created  by  this  act. 

Section  10.  No  writ  or  process  issued  by  said  district 
court  in  civil  actions  or  proceedings  shall  run  into  or  be 
served  in  any  county  other  than  Middlesex  County,  except 
as  provided  in  section  seven  of  chapter  one  hundred  and 
twenty,  and  in  section  seventy-seven  of  chapter  one  hun- 
dred and  forty-two  of  the  General  Statutes.  And  in  all 
civil  actions  in  said  court  wherein  the  writ  or  process  is 
served  upon  the  defendant  in  any  county  other  than  Mid- 
dlesex County,  except  as  above  provided,  if  the  plaintiff 
names  a  sum  not  exceeding  twenty  dollars  for  debt  or  dam- 
ages, he  shall  be  entitled  to  no  costs,  except  as  provided 
in  the  following  section,  but  the  defendant  shall  recover 
the  costs  to  which  he  would  have  been  entitled  had  he  been 
the  prevailing  party. 

Section  11.  If  the  plaintiff's  claim  in  a  writ  served 
upon  the  defendant  out  of  Middlesex  County  as  established 
on  the  trial  exceeds  twenty  dollars  and  is  reduced  to  that 
amount  or  less,  or  overbalanced  by  set-offs  which  could 
not  have  been  proved  in  payment,  it  shall  be  considered 
for  the  purposes  of  the  preceding  section  as  having  ex- 
ceeded twenty  dollars,  and  the  party  who  finally  recovers 
judgment  in  the  suit  shall  be  entitled  to  his  costs. 

Section  12.  The  justice  of  said  district  court  may 
retain  for  his  own  use  from  the  fees  received  in  said  court 
all  sums  paid  by  him  for  the  services  of  any  special  justice  : 
provided,  the  sum  so  retained  shall  not  in  any  one  year 


1874.— Chapter  316.  229 

exceed  eight  per  centum  of  the  annual  salary  of  said 
justice  ;  but  no  justice  of  said  court  shall  receive  any  com- 
pensation besides  his  regular  salary  or  allowances  for 
making  or  issuing  in  any  capacity,  complaints,  warrants, 
subpoenas  or  other  process  which  he  is  by  law  authorized 
to  issue,  or  for  any  service  performed  by  him  in  the  dis- 
charge of  his  official  duties  in  said  court. 

Section  13.     This  act  shall  take  effect,  so  far  as  relates  when  to  take 

.       .  •  effect. 

to  the  appointment,  commissioning  and  qualifying  the  jus- 
tices of  said  district  court,  upon  its  passage,  and  shall  take 
full  effect  upon  the  first  day  of  July  next. 

Approved  June  8,  1 874. 

An  Act  to  establish  the  first  district  court  of  Plymouth,    rij.      31(3. 
Be  it  enacted,  &c.,  asfolloivs  : 

Section  1.  The  towns  of  Brockton,  Bridgewater  and  com*t^f'™' 
West  Bridgewater  shall  constitute  a  judicial  district  under  Pij-mouth. 
the  jurisdiction  of  the  court  hereby  established  by  the 
name  of  the  First  District  Court  of  Plymouth.  Said  court 
shall,  except  as  is  hereinafter  provided,  have  the  same 
jurisdiction,  power  and  authority,  shall  perform  the  same 
duties  and  be  sul)ject  to  the  same  regulations,  as  are  pro- 
vided with  respect  to  existing  police  courts,  except  the 
municipal  courts  of  Boston  and  Worcester,  by  chapter  one 
hundred  and  sixteen  of  the  General  Statutes  and  by  all 
general  laws  passed  in  amendment  thereof  applicable  to 
the  several  police  courts  of  the  Commonwealth  ;  and  all 
provisions  of  law  relating  to  criminal  and  civil  proceedings, 
the  taxation  of  costs,  the  payment  of  fines,  the  expenses  of 
court,  the  accounting  and  settling  with  county  and  town 
for  money  paid  into  court  as  forfeitures  or  otherwise,  and 
all  other  returns  and  requirements  of  law  applicable  to  the 
several  police  courts  of  the  Commonwealth,  except  those 
before  mentioned  shall  apply  to  the  court  hereby  estab- 
lished. 

Section  2.     Said    district   court   shall   consist  of  one  court  to  consist 
standing  justice  and  two  special  justices,  to  be  appointed,  and'two^spedai 
commissioned  and  qualified,  pursuant  to  the  constitution  J'^^'''^^^- 
and  laws  of  the  Commonwealth. 

Section  3.     A  clerk  of  said  court  shall  be  appointed  appo''int°edby 
and  commissioned  by  the  governor  for  the  term  of  five  governor. 
years,  and  shall  receive  for  annual  salary  and  clerk  hire 
the  sum  of  six  hundred  dollars  to  be  paid  monthly  from 
the  treasury  of  the  Commonwealth,  and  shall  faithfully 
perform  all  services  required  by  law  of  the  clerks  of  like 


230 


1874.— Chaptee  316. 


Either  justice 
may  issue  war- 
rants. 


Courts  for 
criminal  and 
civil  business. 


Salary  and 
compensation 
of  justices. 


Jurisdiction  of 
the  court. 


Trial  by  jury. 


Right  of  appeal 
to  the  superior 
court. 


courts  in  the  Commonwealth,  and  shall  give  bond  with 
sufficient  sureties,  in  the  sum  of  live  thousand  dollars,  for 
the  faithful  discharge  of  all  the  duties  of  his  office. 

Section  4.  Either  of  the  justices  of  said  court  may 
issue  warrants  in  all  proper  cases.  No  justice  of  the  peace 
shall  hereafter  be  allowed  any  fees  for  warrants  issued 
within  said  distri(;t,  and  all  warrants  so  issued  shall  be 
made  returnable  before  said  court. 

Section  5.  Said  court  shall  be  held  in  Brockton  for 
criminal  business  daily,  except  on  Sundays  and  legal  holi- 
days, in  some  suitable  place  to  be  furnished  by  the  county 
of  Plymouth.  Said  court  shall  be  held  for  civil  business 
on  Tuesday  of  each  week,  and  actions  therein  may  be  con- 
tinued to  any  future  day. 

Section  6.  The  standing  justice  of  said  court  shall  re- 
ceive an  annual  salary  of  twelve  hundred  dollars,  to  be 
paid  from  the  treasury  of  the  Commonwealth ;  the  com- 
pensation of  the  special  justices  shall  be  determined  and 
paid  in  the  manner  now  provided  by  law  for  special  jus- 
tices of  police  courts. 

Section  7.  Said  court  shall  have  concurrent  jurisdic- 
tion with  the  superior  court  in  the  county  of  Plymouth,  in 
all  personal  actions  in  which  the  deljt  or  damages  de- 
manded, or  property  replevied  does  not  exceed  in  amount 
or  value  three  hundred  dollars,  and  on  the  return  day  of 
the  writ  either  party  may  demand  a  trial  by  jury  in  writ- 
ing, which  shall  be  granted  by  said  court.  If  neither  party 
demand  a  trial  l)y  jury,  the  right  to  have  such  trial  shall 
be  taken  to  be  waived.  The  jury  trial  shall  be  in  accord- 
ance with  the  provisions  of  chapter  one  hundred  and  thirty- 
two  of  the  General  Statutes,  and  the  judgment  of  said 
court  in  all  actions  in  which  the  title  to  real  estate  is  not 
put  in  issue  by  the  pleadings,  shall  be  final,  unless  appeal 
is  taken  therefrom,  or  exceptions  and  appeals  on  matters 
of  law  are  had  as  hereinafter  provided. 

Section  8.  In  all  cases  and  proceedings  in  said  courts, 
except  where  a  jury  trial  is  had,  or  where  the  value  of  the 
property  replevied  or  the  amount  claimed  in  the  writ  does 
not  exceed  fifty  dollars,  appeals  shall  lie  to  the  superior 
court  for  the  county  in  the  manner  now  provided  by  law 
for  taking  appeals  from  the  judgments  of  justices  of  the 
peace.  In  actions  and  proceedings  where  trial  by  jury  is 
had,  exceptions  from  each  of  said  courts  in  matters  of  law 
shall  lie  to  the  superior  court  for  the  county,  shall  be 


1874.— Chapter  316.  231 

entered  at  the  then  existing  or  next  ensning  term  of  said 
court,  and  shall  be  heard  and  determined  in  the  manner, 
and  at  times,  to  be  prescribed  by  general  rules  of  said 
superior  court.  Any  party  deeming  himself  aggrieved  hy 
such  determination,  may  cause  such  exceptions  to  be 
entered,  heard  and  determined  in  the  supreme  judicial 
court,  under  the  same  conditions,  in  the  same  manner,  and 
with  the  same  effect,  as  if  said  exceptions  had  originally 
been  taken  and  allowed  in  the  superior  court :  provided, 
however,  that  where  such  exceptions  are  sustained  by  the 
superior  court,  the  cause  shall  be  at  once  remanded  to  the 
district  court  for  such  new  trial ;  and  provided,  further, 
that  in  all  cases  of  exceptions  or  appeals  on  matters  of  law, 
if  the  judgment  or  rulings  of  the  district  court,  beiug 
affirmed  by  the  superior  court,  are  also  affirmed  by  the 
supreme  judicial  court,  the  prevailing  party  shall  recover 
double  costs  unless  the  supreme  judicial  court  shall  other- 
wise order. 

Sectiox  9.     Said  court  shall  have  original  and  exclu-  Exclusive juris- 
sive  jurisdiction  of  all  actions  under  cbapter  one  hundred  afs?i37!"^^'^ 
and  thirty-seven  of  the  General  Statutes,  whenever  the 
premises  in  controversy  are  situate  within  its  district. 

Section  10.     Whenever  a  jury  shall  become  necessary  Jurors  to  be 
tor  the  trial  of  any  action  or  proceeding  in  said  district  tow"s'irthe'^°™ 
court  under  the  provisions  of  this  act,  the  justice  of  said  '^'*'"''<^*- 
district  court  is  hereby  authorized  and  required  to  issue 
writs  oi  venire  facias,  directed  to  the  sheriff  of  the  county, 
or  either  of  his  deputies,  or  a  constable  of  any  city  or  town 
in  the  district  for  the  summoning  of  jurors,  and  the  jurors 
shall  be  summoned  from  the  towns  in  the  judicial  district. 

Section  11.     All  proceedings  duly  commenced  before  Proceedings 
any  trial  justice  or  justice  of  the  peace  for  said  county,  mln'^efuobe 
within  said  district,  before  this  act  shall  take  full  effect,  ^eterminel^&l 
shall  be  prosecuted  and  determined  as  if  thjs  act  had  not 
been  passed,  and,  except  as  herein  provided,  the  jurisdic- 
tion of  trial  justices  and  justices  of  the  peace  shall  be  ex- 
cluded within  the  judicial  district  created  by  this  act. 

Section  12.     No  writ  or  process  issued  by  said  district  WHtnottorun 

.......  -,.  1      11  •     ,  1        into  any  other 

court  in  civil  actions  or  proceedings  shall  run  into  or  be  county. 
served  in  any  county  other  than  Plymouth  County,  except 
as  provided  in  section  seven  of  chapter  one  hundred  and 
twenty,  and  in  section  seventy-seven  of  chapter  one  hun- 
dred and  forty-two  of  the  General  Statutes.  And  in  all 
civil  actions  in  said  court,  wherein  the  writ  or  process  is 


low  $20,  party 
recovcnjig  to 
have  his  costs. 


232  1874.— Ghaptee  317. 

served  upon  the  defendant  in  any  county  other  than  Plym- 
outh County,  except  as  above  provided,  if  the  plaintiff 
names  a  sum  not  exceeding  twenty  dollars  for  debt  or 
damages,  he  shall  be  entitled  to  no  costs,  except  as  pro- 
vided in  the  following  section,  but  the  defendant  shall  re- 
cover the  costs  to  which  he  would  have  been  entitled  had 
he  been  the  prevailing  party. 
If  plaintiff's  Section  13.     If  the  plaintiff's  claim  in  a  writ  served 

bysrt-offshe-  upon  the  defendant  out  of  Plymouth  County  as  established 
on  the  trial  exceeds  twenty  clollars  and  is  reduced  to  that 
amount  or  less,  or  overbalanced  by  set-offs  which  could 
not  have  been  proved  in  payment,  it  shall  be  considered 
for  the  purposes  of  the  preceding  section  as  having  ex- 
ceeded twenty  dollars,  and  the  party  who  finally  recovers 
judgment  in  the  suit  shall  be  entitled  to  his  costs. 
mlhffr^n/fees  SECTION  14.  The  justicc  of  Said  district  court  may  re- 
eight  per  cent,    falu  for  his  owu  usc  froHi  the  fees  received  in  said  court 

of  salary,  for  •iii'/ii  •  n  •    ^    •         • 

compensation  of  all  suuis  paid  by  hmi  lor  the  services  ot  any  special  iustice  : 

special  iustices.  '77^1  ^    •         iiii  j„- 

provided,  the  sum  so  retained  shall  not  in  any  one  year 
exceed  eight  per  centum  of  the  annual  salary  of  said  jus- 
tice ;  but  no  justice  of  said  court  shall  receive  auy  com- 
pensation besides  his  regular  salary  or  allowances  for 
making  or  issuing  in  any  capacity,  complaints,  warrants, 
subpoenas  or  other  process  which  he  is  by  law  authorized 
to  issue,  or  for  any  service  performed  by  him  in  the  dis- 
charge of  his  official  duties  in  said  court. 
When  to  take  Section  15.  This  act  shall  take  effect,  so  far  as  relates 
to  the  appointment,  commissioning  and  qualifying  the  jus- 
tices of  said  district  court,  upon  its  passage,  and  it  shall 
take  full  effect  upon  the  first  clay  of  July  next. 

Ajjproved  June  8,  1874. 

Ch        317.   -^^   -^^^   ™   SECURE  A   MORE   EQUAL  APPORTIONMENT  OF  THE  STATE 
AND   COUNTY   TAXES   UPON   THE   SEVERAL   CITIES   AND   TOWNS. 

Be  it  enacted,  &'c.,  as  follows  : 
^oner^toblT'  Section  1.     The  tax  commissioner  shall  be  furnished 

furnished  with    })y  the  Secretary  of  the  Commonwealth  with  the  returns 
returns.  of  the  asscssors  of  the  several  cities  and  towns  required 

by  chapter  one  hundred  and  sixty-seven  of  the  acts  of 
eighteen  hundred  and  sixty-one,  for  the  four  years  preced- 
ing the  year  eighteen  hundred  and  seventy-six. 
To  prepare  an  Section  2.  The  tax  commissiouer  shall  cause  to  be 
prepared  an  abstract  from  the  returns  made  to  him  under 
an  act  entitled  "  An  Act  levying  a  tax  upon  certain  corpo- 
rations," and  under  chapter  three  hundred  and  fifteen  of 


1874.— Chaptee  318.  233 

the  acts  of  the  year  eighteen  hundred  and  seventy-three, 
for  the  three  years  next  precedhig  the  year  eighteen  hun- 
dred and  seventy-six,  containing  the  names  of  all  corpora- 
tions having  stock  owned  in  any  city  or  town  in  the  Com- 
monwealth;  also,  the  excess  of  the  market  value  of  all 
the  capital  stock  of  each  corporation  taxed  by  said  act 
over  the  value  of  its  real  estate  and  machinery  :  also,  the 
whole  number  of  shares  of  such  corporation  and  the  num- 
ber of  shares  owned  in  this  Commonwealth,  specifying 
the  number  of  shares  owned  in  each  city  and  town  by 
parties  other  than  insurance  companies,  savings  banks  and 
institutions  for  savings. 

Section  3.  The  tax  commissioner  shall  be  authorized  ^rfher'^retm-ns 
to  require  such  further  returns  in  addition  to  those  pro-  *»  ^^  made. 
vided  for  by  this  act  from  state,  city  and  town  otiicers  as 
in  his  judgment  may  be  necessary  :  and  upon  the  returns 
herein  provided  and  authorized,  the  commissioner  shall 
proceed  according  to  his  best  judgment  and  discretion  to 
equalize  and  apportion  upon  the  several  cities  and  towns 
the  number  of  polls,  the  amount  of  property  and  the  pro- 
portion of  every  one  thousand  dollars  of  tax,  including 
jDolls  at  one-tenth  of  a  mill  each,  which  should  be  assessed 
upon  each  city  and  town :  and  said  commissioner  shall 
perform  the  cluties  required  by  this  act,  and  report  the 
same  in  tabular  form  in  print  to  the  legislature  within  one 
week  from  the  first  Monday  in  January  in  the  year  eight- 
een hundred  and  seventy-six. 

Section  4.     The  sergeant-at-arms  is  directed  to  provide  sergeant-at- 

/..i  t>         •  ^  •      ■  -jii  -ji        arms  to  provide 

tor  the  use  ol  said  commissioner  a  suitable  room  in  the  suitable  rooms 
state  house,  and  the  tax  commissioner  is  authorized  to  sionen ''°™™^" 
employ  such  clerical  assistance  as  may  be  needed,  for  the 
purposes  of  this  act,  and  may  procure  such  stationery  and 
other  articles  as  may  be  required. 

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

Approved  June  8,  187-4. 
An  Act  to  apportion  and  assess  a  state  tax  of  two  bullion  /-y?      01  o 

DOLLARS.  ^'^'      ^  ^^• 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     Each  city  and  town  in  this  Commonwealth  AsBessment  of 

in,  T  ij^i  1  -^ii.!     cities  and  towns. 

shall  be  assessed  and  pay  the  several  sums  with  which 
they  stand  respectively  charged  in  the  following  schedule, 
that  is  to  say  : — 

30 


234 


BarnstaTjle 
Couuty. 


1874.— Chaptee  318. 
barnstable  county. 


Barnstable, 
Brewster,    . 
Chatham,    . 
Dennis, 
Eastham,    . 
Falmouth,  . 
Harwich,     . 
Mashpee,    . 
Orleans, 
Provincetown, 
Sandwich,  . 
Truro, 
Wellfleet,    . 
Yarmouth,  . 


Four   thousand    one    hundred    and 

eighty  dollars. 
One  thousand  one  hundred  and  forty 

dollars, 

One   thousand  seven  hundred  dol 

lars, 

Two  thousand  four  hundred  and  forty 

dollars, 

Four  hundred  and  twenty  dollars. 

Two  thousand  and  twenty  dollars. 

One    thousand    nine   hundred    and 

eighty  dollars, 
One  hundred  and  sixty  dollars. 

One  thousand  dollars. 

Three  thousand  two  hundi'ed   and 

eighty  dollars. 
Two   thousand  thi-fee   hundred  and 

forty  dollars,  .         .         . 
Six  hundred  and  sixty  dollars. 

One    thousand    four    hundred    and 

eighty  dollars. 
Two    thousand    two    hundred    and 

eighty  dollars, 


|4,180  00 

1,140  00 

1,700  00 

2,440  00 
420  00 

2,020  00 


1,980  00 
160  00 

1,000  00 


3,280  00 

2,340  00 
660  00 


1,480  00 

2,280  00 

$25,080  00 


Berkshire 
Countv. 


BERKSHIRE    COUNTY. 


Adams, 

Alford, 

Becket, 

Cheshire, 

Clarksburg 

Dalton, 

Egremont, 

Florida, 

Gt.  Barring 

ton,  . 

Nine  thousand    nine  hundred   and 
sixty  dollars,  .         .         .         .         . 
Four  hundred  and  forty  dollars. 

Eight  hundred  and  eighty  dollars,    '. 

One    thousand  three   hundred  and 

eighty  dollars,         .         .         .         . 

Four  hundred  and  twenty  dollars,    . 

One    thousand    four    hundred    and 
eighty  dollars,        .... 
Eigiit  hundred  and  sixty  dollars. 

Five  hundred  and  forty  dollars. 

Six    thousand    three    hundred   and 
forty  dollars, 


?9,960  00 
440  00 

880  00 


1,380  00 
420  00 


1,480  00 
860  00 

540  00 
6,340  00 


1874.— Chapter  318. 

BERKSHIRE  COUXTY— Contioted. 


235 


Hancock,     . 
Hinsdale,    . 
Lanesborough,    . 
Lee,     . 
Lenox, 
Monterey,  . 
Mt.  Washington, 
Kew  Asbford,     . 
Xew  Marlboro'' . 
Otis,    . 
Peru,  . 
Pittsfield,    . 
Riclimond,  . 
Sandisfield, 
Savoy, 
Sheffield,     . 
Stockbridge, 
Tyriugham, 
Washington, 
W.   Stockbridge, 
Williamstown,   . 
Windsor,     . 


Seven  hundred  dollars. 

One  thousand  four  hundred  dollars. 

One  thousand  one  hundred  and 
eighty  dollai-s,         .... 

Two  thousand  seven  hundred  and 
forty  dollars,  .... 

Two  thousand  and  eighty  dollars, 

Five  hundred  and  twenty  dollars, 

One  hundred  and  sixty  dollars. 

One  hundred  and  sixty  dollars. 

One    thousand    four    hundred    and 

eighty  dollars. 
Six  hundred  dollars, . 

Three  hundred  and  twenty  dollars. 

Eleven  thousand  eight  hundred  and 

forty  dollars,  .... 
Eight  hundred  and  eighty  dollars, 

Nine  hundred  and  twent}-  dollars. 

Five  hundred  dollars. 

One   thousand    nine    hundred    and 

eighty  dollars. 
Three  thousand   two  hundred   and 

eighty  dollars, 
Four  hundred  and  sixty  dollars, 

Four  hundred  and  sixty  dollars, 

One  thousand  five  hundred  dollars. 

Two  thousand  five  hundred  dollars. 

Five  hundi'ed  and  twenty  dollars,     . 


$700  00 
1,400  00 

1,180  00 


2,740  00 
2,080  00 

620  00 

160  00 

160  00 

1.480  00 
COO  00 

320  00 

11,840  00 
880  00 

920  00 

500  00 

1,980  00 

3,280  00 
460  00 

460  00 

1,500  00 

2,500  00 

520  00 

f58,480  00 

236 

Bristol  County. 


Dukes  County. 


1874.— Chaptee  318. 
bristol  county. 


Acushnet,   . 

One  thousand  dollars, 

f  1,000  00 

Attleborougli,     . 

Four  thousand    four  hundred    and 

forty  dollars, 

4,440  00 

Berkley, 

Five  hundred  and  forty  dollars. 

540  00 

Dartmouth, 

Three  thousand  two   hundred  and 

sixty  dollars, 

3,260  00 

Dighton,     . 

One   thousand  three  hundred    and 

eighty  dollars,         .... 

1,380  00 

Easton, 

Four  thousand  and  forty  dollars. 

4,040  00 

Fairhaven, . 

Two    thousand  four    hundred   and 

forty  dollars, 

2,440  00 

Fall  River, . 

Thirty-six  thousand  one  hundred  and 

sixty  dollars, 

36,160  00 

Freetown,  . 

One    thousand    two    hundred    and 

twenty  dollars,       .... 

1,220  00 

Mansfield,  . 

One    thousand    five    hundred    and 

twenty  dollars,       .... 

1,520  00 

New  Bedford,    . 

Thirty-two   thousand ,  two    hundred 

and  eighty  dollars, 

32,280  00 

Norton, 

One  thousand  three  hundred  dollars. 

1,300  00 

Eaynham,  . 

One    thousand     six     hundred     and 

eighty  dollars,         .... 

1,680  00 

Rehoboth,  . 

One  thousand  thi'ee  hundred  dollars, 

1,300  00 

Seekonk,     . 

Eight  hundred  and  eighty  dollars,    . 

8S0  00 

Somerset,   . 

One     thousand    five  hundred     and 

twenty  dollars,       .... 

1,520  00 

Swanzey,    . 

One  thousand  and  forty  dollars, 

1,040  00 

Taunton,     . 

Twenty-one  thousand  dollars,  . 

21,000  00 

Westport,   , 

Two    thousand    two    hundred   and 

eighty  dollars,        .... 

2,280  00 

$119,280  00 

DUKES    COUNTY. 


Chilmark,   . 

Five  hundred  dollars. 

$500  00 

Edgartown, 
Gay  Head,  . 

One   thousand   seven  hundred  and 

sixty  dollars, 

Forty  dollars, 

1,760  00 
40  00 

Gosnold,     . 

Two  hundred  dollars, 

200  00 

1874.— Chapter  318. 

DUTIES  COUNTY— Continued. 


237 


Tisbury, 

One    thousand     one    hundred     and 

eighty  dollars,        .... 

fl,180  00 

$3,680  00 

ESSEX   COUNTY. 

Amesbury, . 

Four  thousand  two  hundred  and  sixty 

dollars, 

f4,260  00 

Andover,     . 

Four    thousand    six    hundred     and 

twenty  dollars,       .... 

4,620  00 

Beverly, 

Eight  thousand  and  sixty  dollars,     . 

8,060  00 

Boxford,     . 

One  thousand  one  hundred  dollars,  . 

1,100  00 

Bradford,    , 

One  thousand  seven  hundred  dollars. 

1,700  00 

Danvers,     . 

Four  thousand  four  hundred  dollars. 

4,400  00 

Essex, 

One    thousand    four    hundred    and 

twenty  dollars,       .... 

1,420  00 

Georgetown, 

One  thousand  five  hundred  dollars, 

1,500  00 

Gloucester, 

Eleven  thousand   six  hundred  and 

forty  dollars, 

11,640  00 

Groveland, 

One    thousand  three  hundred   and 

forty  dollars, 

1,340  00 

Hamilton,  . 

Seven  hundred  and  sixty  dollars,     . 

760  00 

Hayerhill,  . 

Thirteen    thousand    eight    hundred 

and  forty  dollars,    .... 

13,840  00 

Ipswich, 

Two    thousand    six     hundred    and 

eighty  dollars,        .... 

2,680  00 

Lawrence,  . 

Twenty-six  thousand  two  hundred 

and  sixty  dollars,   .... 

26,260  00 

Lynn, . 

Thirty  thousand  five    hundred  and 

eighty  dollars,        .... 

30,580  00 

Lynnfield,  . 

Nine  hundred  and  sixty  dollars. 

960  00 

Manchester, 

One  thousand   seven  hundred  and 

twenty  dollars,       .... 

1,720  00 

Marblehead, 

Five  thousand  seven   hundred  and 

forty  dollars, 

5,740  00 

Methuen,    . 

Three  thousand  dollars,    . 

3,000  00 

Middleton,  . 

Seven  hundred  dollars. 

700  00 

Nahant, 

Six  thousand  and  twenty  dollars, 

6,020  00 

Newbury,   . 

One    thousand    two    hundred    and 

twenty  dollars,       .... 

1,220  00 

Essex  County. 


238 


1874.— Chaptee  318. 

ESSEX  COUNTY— Continued, 


Newburyport,     . 
North  Andover, . 
Peabody,     . 
Rockport,   . 
Rowley, 
Salem, 
Salisbury,   , 
Saugus, 
Swampscott, 
Topsfield,   . 
Wenham,    . 
West  Newljury, . 


Eleven  thousand  nine  hundred  and 

sixty  dolhirs, 

Three  thousand  and  sixty  dollars,    . 

Seven  thousand  eight  hundred  and 
forty  dollars, 

Two  thousand  seven  hundred  and 
twent\-  dollars,       .        .        .        . 

Eight  hundred  and  eighty  dollars,    . 

Thirty-two  thousand  three  hundi'ed 

and  eighty  dollars. 
Two   thousand    nine    hundred   and 

eighty  dollai's,         .         .         .         . 
Two  thousand  and  eighty  dollars,     . 

Two  thousand  seven  hundred  and 
sixt}'  dollars,  .         .         .         .         . 

One  thousand  one  hundred  and 
twenty  dollars,       .        .        .        . 

Seven  hundred  and  eighty  dollars. 

One  thousand  seven  hundred  and 
twenty  dollars,       .... 


fll,960  00 
3,060  00 


7,840  00 

2,720  00 
880  00 


32,380  00 

2,980  00 
2,080  00 


2,760  00 

1,120  00 
780  00 


1,720  00 


^203,800  00 


Franklin 
County. 


FRANKLIN   COUNTY. 


Ashfield,     . 

Nine  hundred  and  twenty  dollars,    . 

§920  00 

Bernardston, 

Seven  hundred  and  forty  dollars. 

740  00 

Bvickland,  . 
Charlemont, 

One  thousand  one  hundred  and  sixty 

dollars, 

Six  hundred  and  eighty  dollars, 

1,160  00 
680  00 

Colrain, 
Conway,     . 

One  thousand  one  hundred  and  forty 

dollars, 

One  thousand  three  hundred  dollars, 

1,140  00 
1,300  00 

Deerfield,    . 
Erving, 

Two   thousand  three   hundred  and 

eighty  dollars,         .... 

Four  hundred  and  eighty  dollars,     . 

2,380  00 
480  00 

Gill,    . 

Seven  hundred  dollars. 

700  00 

Greenfield, 

Three  thousand  five  hundred  dollars, 

3,500  00 

Hawley, 

Three  hundred  and  sixty  dollars, 

360  00 

Heath, 

Leverett, 

Leyden, 

Monroe, 

Montague, 

New  Salem, 

Northfield, 

Orange, 

Rowe, 

Slielburne, 

Shutesbury, 

Sunderland, 

Warwick,   , 

Wendell,     . 

Wliately,     . 


Agawam, 
Blandford, 

Brimfield, 

Chester, 

Chicopee, 

Granville, 

Holland, 

Holyoke, 


1874.— Chapter  318. 

FRANKLIN  COUNTY— Contikued. 


239 


Foiu'  hundred  and  eighty  dollars, 

Six  hundred  and  twenty  dollars. 

Three  hundred  and  eighty  dollars. 

One  hundred  and  twenty  dollars, 

One  thousand   seven  hundred   and 

sixty  dollars,  .... 
Six  hundred  and  forty  dollars,  . 

One  thousand  three  hundred  dollars, 

One    thousand    nine    hundred    and 

eighty  dollars, 
Three  hundred  and  sixty  dollars. 

One  thousand  five  hundred  dollars. 

Three  hundred  and  eighty  dollai's, 

Seven  hundred  dollars, 

Five  hundred  dollars. 

Three  hundred  and  sixty  dollars. 

One  thousand  one  hundred  and  sixty 
dollars, 


HAMPDEN     COUNTY, 


One  thousand  five  hundred  dollars,  . 

Eight  hundred  and  forty  dollars. 

One  thousand  and  eighty  dollars,     . 

Eight  hundred  and  eighty  dollars,  . 

Seven  thousand  and  twenty  dollars, 

Eight  hundred  and  forty  dollars. 

Two  hundred  and  forty  dollars, 

Nine    thousand    four  hundred  and 
forty  dollars, 


f480  00 
620  00 
380  00 
120  00 


1,700  00 
640  00 

1,300  00 


1,980  00 
360  00 

1,500  00 

380  00 

700  00 

600  00 

360  00 

1,160  00 


f25,600  00 


Hampden 
County. 


f  1,500  00 

840  00 

1,080  00 

880  00 

7,020  00 

840  00 

240  00 

9,440  00 


240 


1874.— Chapter  318. 

HAMPDEN  COUNTY— Continued. 


Hampshire 
County. 


Longmeadow,    . 

Ludlow, 

Monson, 

Montgomery, 

Palmer, 

Russell, 

Southwick, . 

Springfield, 

Tolland,      . 

Wales, 

Westfield,  . 

West  Springfield, 

Wilbraham, 


One  thousand  six  hundred  and  forty 

dollars, 

Seven  hundred  and  eighty  dollars. 

Two   thousand    one    hundred    and 

forty  dollars, .... 
Two  hundred  and  sixty  dollars. 

Two  thousand   three  hundred  and 

twenty  dollars, 
Four  hundred  and  sixty  dollars. 

One  thousand  and  sixty  dollars. 

Thirty-eight  thousand  three  hundred 

and  twenty  dollars. 
Four  hundred  and  sixty  dollars. 

Six  hundred  and  twenty  dollars, 

Seven  thousand  four  hundred  and 
sixty  dollars, .... 

Two  thousand  nine  hundred  and 
eighty  dollars. 

One  thousand  four  hundred  and 
eighty  dollars, 


HAMPSHIRE     COUNTY 


Amherst,     . 

BelchertoAvn, 

Chesterfield, 

Cummington, 

Easthampton, 

Enfield,    .  . 

Goshen, 

Granby, 

Greenwich, 

Hadley, 


Four  thousand  four  hundred  and 
forty  dollars, 

One  thousand  seven  hundred  and 
eighty  dollars. 

Six  hundred  and  sixty  dollars. 

Six  hundred  and  sixty  dollars. 

Three   thousand  nine  hundred  dol 

lars, 

One  thousand  and  sixty  dollars, 

Two  hundred  and  sixty  dollars, 

Eight  hundred  and  twenty  dollars. 

Five  hundred  and  twenty  dollars. 

Two  thousand  one  hundred  and 
eight}'  dollars. 


p  1,640  00 
780  00 


2,140  00 
260  00 


2,320  00 
460  00 

1,060  00 


38,320  00 
460  00 

620  00 


7,460  00 

2,980  00 

1,480  00 

$81,820  00 


f  4,440  00 

1,780  00 
660  00 

660  00 


3,900  00 
1,060  00 

260  00 

820  00 

520  00 

2,180  00 


1874.— Chaptee  318. 

HAMPSHIRE  COUNTY— Continued. 


241 


Hatfleld,      . 
Huntington, 

Two  thousand  one  hundred  and  forty 

dollars 

Eight  hundred  and  eighty  dollars,  . 

$2,140  00 
880  00 

Middlefield, 

Six  hundred  and  twenty  dollars, 

620  00 

Northampton,     . 
Pelham, 

Ten    thousand    one    hundred    and 

eighty  dollars,        .... 

Three  hundred  and  eighty  dollars,  . 

10,180  00 
380  00 

Plainfield,  . 

Four  hundred  and  sixty  dollars,, 

460  00 

Prescott,     . 

Three  hundred  and  sixty  dollars. 

360  00 

South  Hadley,    . 
Southampton,     . 

Two  thousand  seven  hundred  and 

forty  dollars, 

Nine  hundred  and  twenty  dollars,    . 

• 

2,740  00 
920  00 

Ware, 
Westhampton,    . 

Two  thousand  seven   hundred   and 

sixty  dollars, 

Six  hundred  dollars, .... 

2,760  00 
600  00 

Williamsburg,    . 
Worthington, 

Two    thousand    two    hundred    and 
twenty  dollars,       .... 
Six  hundred  and  forty  dollars, . 

2,220  00 
640  00 

$41,180  00 

MIDDLESEX    COUNTY. 

Middlesex 
County. 

Actou, 
Arlington,  . 

One    thousand    five    hundred    and 
eighty  dollars,         .... 
Five  thousand  and  sixty  dollars. 

$1,580  00 
5,060  00 

Ashby, 

Eight  hundred  and  sixty  dollars, 

860  00 

Ashland,     . 

One  thousand  nine  hundred  dollars, 

1,900  00 

Ayer,  . 
Bedford,      . 

One  thousand  four  hundred  and  forty 

dollars, 

Eight  hundred  and  twenty  dollars. 

1,440  00 
820  00 

Belmont,     . 

Three  thousand  two  hundred  dollars. 

3,200  00 

Billerica,    . 
Boxborough, 

Two    thousand    one    hundred    and 

forty  dollars, 

Three  hundred  and  eighty  dollars,   . 

2,140  00 

380  00 

Burlington, 

Seven  hundred  dollars. 

700  00 

31 


242 


1874.— Chapter  318. 

MIDDLESEX  COUNTY— Continued. 


Cambridge, 

Fifty-eight  thousand  five    hundred 

and  eighty  dollars, 

$58,580  00 

Carlisle, 

Five  hundred  and  forty  dollars, 

540  00 

Chelmsford, 

Two   thousand    four   hundred    and 

sixty  dollars, 

2,460  00 

Concord,     . 

Three  thousand  one  hundred   and 

forty  dollars,           .... 

3,140  00 

Dracut, 

Two  thousand  dollars. 

2,000  00 

Dunstable, . 

Four  hundred  and  eighty  dollars,     . 

480  00 

Everett, 

Two   thousand   eight  hundred   and 

eighty  dollars. 

2,880  00 

Framingham, 

Five   thousand  three  hundred   and 

sixty  dollars, 

5,.360  00 

Groton, 

Two  thousand  three  hundred  dollars, 

2,300  00 

HoUiston,   . 

Two   thousand   eight  hundred  and 

twenty  dollars,        .... 

2,820  00 

Hopkinton, 

Three  thousand  three  hundred  dol- 

lars,         

3,300  00 

Hudson, 

Two    thousand    two    hundred   and 

eighty  dollars,        .... 

2,280  00 

Lexington, . 

Three  thousand  dollars,    . 

3,000  00 

Lincoln, 

Nine  hundred  and  eighty  dollars,     . 

980  00 

Littleton,     . 

One  thousand  and  forty  dollars. 

1,040  00 

Lowell, 

Thirty-eight  thousand  five  hundred 

and  eighty  dollars. 

38,580  00 

Maiden, 

Eight    thousand    six    hundred    and 

eighty  dollars,        .... 

8,680  00 

Marlborough,     . 

Five    thousand    one    hundred    and 

eighty  dollars,         .... 

5,180  00 

Maynard,    . 

One  thousand  five  hundred  dollars, . 

1,500  00 

Medford,     . 

Eight  thousand  one   hundred    and 

sixty  dollars, 

8,160  00 

Melrose, 

Three   thousand    six   hundred   and 

sixty  dollars,  ..... 

3,660  00 

Natiek, 

Four  thousand   nine   hundred    and 

sixty  dollars, 

4,960  00 

Newton, 

Twenty-three  thousand  five  hundred 

and  forty  dollars,  .... 

23,540  00 

North  Reading, , 

Eight  hundred  and  twenty  dollars,  . 

820  00 

Pepperell,  . 

One  thousand  seven  hundred   and 

sixty  dollars, 

1,760  00 

Reading,     , 

Two    thousand    five    hundred    and 

sixty  dollars, 

2,560  00 

1874.— Chapter  318. 

MIDDLESEX  COUNTY— Continued. 


243 


Sherborn, 

Shirley, 

Somenille, 

Stoneham, 

Stow,  . 

Sudbury, 

Tewksbury, 

Townsend, , 

Tyngsborough, 

Wakefield, 

Waltham, 

Watertown, 

Wayland, 

Westford, 

Weston, 

Wilmington, 

Winchester, 

Woburn, 


One  thousand  three  hundred  dollars, 

One  thousand   three  hundred    and 

twenty  dollars,  .... 
Seventeen  thousand    nine  hundred 

and  sixty  dollars,  .  .  .  . 
Three   thousand    six    hundred   and 

twenty  dollars,  .... 
One    thousand     one    hundred    and 

twenty  dollars,  .  .  .  . 
One    thousand    four    hundred    and 

twenty  dollars,  .  .  .  . 
One   thousand  three    hundred    and 

sixty  dollars, 

One    thousand    four    hundred    and 

twenty  dollars,  .  .  .  . 
Five  hundred  dollars. 

Four  thousand  five  hundred  and 
eighty  dollars,        .         .         .         . 

Ten  thousand  eight  hundred  and 
forty  dollars,  .         .         .         .         . 

Six  thousand  three  hundred  and 
forty  dollars, 

One  thousand  one  hundred  dollars, . 

One  thousand  six  hundred  and  sixty 
dollars, 

One  thousand  seven  hundred  and 
forty  dollars,  .  .        .        . 

Seven  hundred  and  eighty  dollars,   . 

Four  thousand  three  hundred  and 
sixty  dollai-s, 

Ten  thousand  five  himdred  and 
twenty  dollars,       .         .         .         . 


f  1,300  00 

1,320  00 

17,960  00 

3,620  00 

1,120  00 

1,420  00 

1,360  00 

1,420  00 
600  00 

4,580  00 

10,840  00 

6,340  00 
1,100  00 

1,660  00 

1,740  00 
780  00 

4,360  00 
10,520  00 


$280,580  00 


Nantucket, . 


NANTUCKET    COUNTY, 


Nantucket 
County. 


Three  thousand  four  hundred  and 
twenty  dollai's,       .... 


f  3,420  00 


244 

Norfolk  County. 


1874.— Chapteb  318. 
norfolk  county. 


Bellinghara 

Braintree, 

Brookline, 

Canton, 

Cohasset, 

Dedham, 

Dover, 

Foxboroug] 

Franklin, 

Holbrook, 

Hyde  Park, 

Medfield, 

Medway, 

Milton, 

Needham, 

Norfolk, 

Norwood, 

Quincy, 

Randolph, 

Sharon, 

Stoughton, 

Walpole, 

Weymouth, 

Wrentham, 


Eight  hundred  and  eighty  dollars,    . 

Thi'ee  thousand  four  hundred  dol- 
lars,         

Twenty-four  thousand  two  hundred 
and  sixty  dollars,  .... 

Three  thousand  nine  hundred  dollars, 

Two  thousand  six  hundred  dollars,  . 

Six  thousand  four  hundred  and  sixty 

dollars, 

Six  hundred  dollars, .... 

Two  thousand  three  hundred  dollars, 

Two  thousand  three  hundred  dollars. 

One  thousand  seven  hundred  and 
twenty  dollars,       .        .        .        . 

Six  thousand  six  hundred  and  eighty 
dollars, 

One  thousand  two  hundred  dollars,  . 

Two  tliousand  six  hundred  and  sixty 
dollars, 

Six  thousand  four  hundred  and  twen- 
ty dollars, 

Four  thousand  one  hundred  and 
eighty  dollars,         .         .         .         . 

Seven  hundred  and  eighty  dollars,   . 

One  thousand    seven  hundred   and 

twenty  dollars,        .        .        .        . 

Seven  thousand  and  sixty  dollars,     . 

Three   thousand   one  hundred   and 

forty  dollars, 

One  thousand  two  hundred  and  forty 

dollars, 

Three  thousand  seven  hundred  and 

sixtj'  dollars, 

One  thousand  nine  hundred  and  sixty 

dollars, 

Seven  thousand  nine  hundred  and 

eighty  dollars,  .  .  .  . 
One   thousand   seven  hundred   and 

eighty  dollars,        .        .        .        . 


f880  00 


3,400  00 


24,260  00 
3,900  00 

2,600  00 

6,460  00 
600  00 

2,300  00 

2,300  00 

1,720  00 


6,680  00 
1,200  00 

2,660  00 

6,420  00 

4,180  00 
780  00 

1,720  00 
7,060  00 

3,140  00 

1,240  00 

3,760  00 

1,960  00 

7,980  00 

1,780  00 

$98,980  00 

1874.— Chapter  318. 
plymouth  county. 


245 


Plymouth 
County. 


Abington,   . 
Bridgewater, 
Brockton,    . 
Cai-ver, 
Duxbury,    . 
E.  Bridgewater, . 
Halifax, 
Hanover,     . 
Hanson, 
Hingham,   , 
Hull,   . 
Kingston,    . 
Lakeville,   . 
Marion, 
Marshfield, . 
Mattapoisett, 
Middleboroiigh, . 
Pembroke,  . 
Plymouth,  . 
Plympton,  . 
Rochester,  . 
Rockland,  . 
Scituate, 
South  Scituate,   . 
Wareham,  . 
W.  Bridgewater, 


Four    thousand    two  hundred    and 

forty-eight  dollars, 
Three  thousand  three  hundred  and 

eighty  dollars, 
Six  thousand  and  twenty  dollars, 

Nine  hundred  and  twenty  dollars. 

One    thousand    nine    hundred    and 

twenty  dollars. 
Two  thousand  one  hundred  and  forty 

dollars, 

Five  hundred  and  forty  dollars. 

One  thousand  five  hundred  dollars. 

Nine  hundred  dollars. 

Four  thousand  six  hundred  and  forty 

dollars, 

Three  hundred  and  forty  dollars, 

One  tliousand  nine  hundred  and  forty 

dollars, 

Nine  hundred  and  twenty  dollars, 

Seven  hundred  and  forty  dollars, 

One  thousand    three    hundred  and 

sixty  dollars,  .... 
One  thousand  dollars, 

Three  thousand  eight  hundred  and 

forty  dollars,  .... 
One  thousand  and  sixty  dollars. 

Five   thousand    four    hundred    and 

eighty  dollars, 
Five  hundred  and  forty  dollars. 

Eight  hundred  and  forty  dollars. 

Two  thousand  eight  hundred  and 

thirty-two  dollars, . 
One  thousand    eight    hundred  and 

twenty  dollars, 
One  thousand  five  hundred  and  twen 

ty  dollars,        .... 
One  thousand  nine  hundred  and  sixty 

dollars, 

One  thousand    three    hundred  and 

forty  dollars,  .... 


$4,248  00 

3,880  00 
6,020  00 

920  00 


1,920  00 

2,140  00 
540  00 

1,500  00 

900  00 


4,640  00 
340  00 


1,940  00 
920  00 

740  00 


1,.S60  00 
1,000  00 


3,840  00 
1,060  00 


5,480  00 
540  00 

840  00 


2,832  00 
1,820  00 
1,520  00 
1,960  00 
1,340  00 
f53,740  00 


246 

Suffolk  County. 


1874.— Chapter  318. 
suffolk  county. 


Boston, 

Eight  hundred  and  two  thousand  one 

Chelsea, 

hundred  and  twenty  dollars, 
Seventeen  thousand  five  hundred  and 

$802,120  00 

Revere, 

sixty  dollars, 

One    thousand    four    hundred    and 

17,560  00 

Winthrop,  . 

twenty  dollars,       .... 
Seven  hundred  dollars. 

1,420  00 
700  00 

$821,800  00 

Worcester 
County. 


WORCESTER    COUNTY. 


Ashburnham,      . 

Athol, 

Auburn, 

Barre, 

Berlin, 

Blackstone, 

Bolton, 

Boylston, 

Brookfield, 

Charlton, 

Clinton, 

Douglas, 

Dudley, 

Fltchburg, 

Gardner, 

Grafton, 

Hardwick, 

Harvard, 

One  thousand  six  hundred  and  twen- 
ty dollars, 

Three  thousand  two  hundred  and 
sixty  dollars,  . 

Eight  hundred  and  twenty  dollars 

Two     thousand    six   hundred    and 

eighty  dollars, 
Seven  hundred  and  forty  dollars. 

Three  thousand    five  hundred   and 

forty  dollars,  .... 
Nine  hundred  dollars, 

Seven  hundred  and  eighty  dollars, 

Two  thousand  dollars. 

One  thousand  six  hundred  dollars, 

Four  thousand    four    hundred   and 

forty  dollars,  .... 
Five  hundred  dollars, 

One  thousand  six  hundred  and  twenty 

dollars, 

One  thousand  si»  hundred  and  sixty 

dollars, 

Fifteen  tiiousand   two  hundred  and 

forty  dollars,  .... 
Two  thousand   eight   hundred  and 

twenty  dollars, 
Three  thousand  and  twenty  dollars. 

One  thousand  seven  hundred  and 
sixt}'  dollars,  .... 

One  thousand  four  hundred  and 
eighty  dollars, 


$1,620  00 

3,260  00 
820  00 


2,680  00 
740  00 


3,540  CO 
900  00 

780  00 

2,000  00 

1,600  00 


4,440  00 
600  00 


1,620  00 

1,660  00 

15,240  00 

2,820  00 

3,020  00 

1,760  00 

1,480  00 


1874.— Chaptee  318. 

WORCESTER  COUNTY— Continued. 


247 


Holden, 

Hubbardston, 

Lancaster,  , 

Leicester,    . 

Leominster, 

Lunenburg, 

Mendon, 

Milford,       . 

Millbury,    . 

New  Braintree,  . 

Northborough,    . 

Northbridge, 

North  Brookfield, 

Oakham, 

Oxford, 

Paxtou, 

Petersham, 

Phillipston, 

Princeton, 

Royalston, 

Rutland, 

Shrewsbury, 

Southborough, 

Southbridge, 

Spencer, 

Sterling, 


One    thousand    four    hundred    and 

eighty  doUars, 
One  thousand    three    hundred   and 

eighty  dollars. 
Two   thousand   eight    hundred  and 

eighty  dollars, 
Two   thousand    nine    hundred  and 

sixty  dollars,  .... 
Four  thousand  three  hundred  and 

sixty  dollai'S;  .... 
One  thousand  one  hundi'ed  and  twen 

ty  dollars,        .... 
One  thousand  and  sixty  dollars. 

Seven  thousand  eight  hundred  and 
eighty  dollars,         .... 

Three  thousand  one  hundred  and 
twenty  dollars,        .... 

Eight  hundred  dollars. 

One   thousand    seven   hundred   and 

eighty  dollars, 
Two  thousand  eight   hundred  and 

sixty  dollars,  .... 
Two   thousand    eight  hundred   and 

twenty  dollars, 
Six  hundred  and  twenty  dollars. 

Two  thousand  one  hundred  dollars, 

Five  hundred  and  forty  dollars, 

One  thousand  one  hundred  and  twen- 
ty dollars, 

Five  hundred  dollars. 

One  thousand  three  hundred  and 
twenty  dollars,        .... 

One  thousand  two  hundred  and  sixty 
dollars, 

Eight  hundred  and  twenty  dollars,  . 

One  thousand  six  hundred  and  twenty 
dollars, 

One  thousand  nine  hundred  and 
eighty  dollars,         .         .         .         . 

Three  thousand  seven  hundred  dol- 
lars,          

Three  thousand  two  hundred  and 
eighty  dollars,        .        .        .        . 

One  thousand  seven  hundred  and 
sixty  dollars, 


f  1,480  00 

1,380  00 

2,880  00 

2,960  00 

4,360  00 

1,120  00 
1,060  00 

7,880  00 

3,120  00 
800  00 

1,780  00 

2,860  00 

2,820  00 
620  00 

2,100  00 

540  00 


1,120  00 
500  00 


1,320  00 

1,260  00 
820  00 


1,620  00 
1,980  00 
3,700  00 
3,280  00 
1,760  00 


248 


1874.— Chapter  318. 

WORCESTER  COUNTY— Cohtinueb. 


Sturbridge, 

One  thousand  five  hundred  and  sixtj' 

dollars, 

f  1,560  00 

Sutton, 

One  thousand    eight   hundred  and 

eighty  dollars,         .... 

1,880  00 

Templeton, 

One  thousand  nine  hundred  and  sixty 

dollars, 

1,960  00 

Upton, 

One    thousand    four    hundred    and 

twenty  dollars,       .... 

1,420  00 

Uxbridge,   . 

Two    thousand     six    hundred    and 

eighty  dollars,         .... 

2,680  00 

Warren, 

Two    thousand    two    hundred    and 

eighty  dollars,       .... 

2,280  00 

Webster,     . 

Three  thousand  five   hundred   and 

foi'ty  dollars, 

3,540  00 

Westborough,     . 

Three  thousand  and  sixty  dollars,    . 

3,060  00 

West  Boylston,  . 

One   thousand   seven   hundred   and 

eighty  dollars,        .... 

1,780  00 

West  Brookfield, 

One  thousand  three    hundred    and 

forty  dollars, 

1,340  00 

Westminster, 

One    thousand    four    hundred    and 

twenty  clollars,       .        . "       . 

1,420  00 

Winchendon, 

Three  thousand  and  twenty  dollars. 

3,020  00 

Worcester, . 

Fifty-one  thousand  and  twenty  dol- 

lars,          

51,020  00 

$182,560  00 

Recapitulation 
by  counties. 


RECAPITULATION. 


Barnstable  Co.,  . 
Berkshire  Co.,  . 
Bristol  County,  . 
Dukes  County,  . 
Essex  County,  . 
Franklin  County, 
Hampden  Co.,  . 
Hampshire  Co.,  . 
Middlesex  Co.,   . 


Twenty-five    thousand    and   eighty 

dollars, 

Fifty-eight  thousand   four   hundred 

and  eighty  dollars. 
One  hundred  nineteen  thousand  two 

hundred  and  eighty  dollars,  . 
Three    thousand    six   hundred   and 

eighty  dollars,         .         .         .         , 
Two   hundred   and   three   thousand 

eight  hundred  dollars,   . 
Twenty-five   thousand  six  hundred 

dollars, 

Eighty-one  thousand  eight  hundred 

and  twenty  dollars. 
Forty-one    thousand    one    hundred 

and  eighty  dollars, 
Two   hundred  eighty  thousand  five 

hundred  and  eighty  dollars,  . 


f25,080  00 
58,480  00 

119,280  00 
3,680  00 

203,800  00 
25,600  00 
81,820  00 
41,180  00 

280,580  00 


1874.— Chapter  318. 

RECAPITULATION— Continued. 


249 


Nantucket  Co.,   . 

Three  thousand  four  hundred   and 

twenty  dollars,       .... 

f3,420  00 

Norfolk  County, . 

Ninety-eight  thousand  nine  hundred 

and^  eighty  dollars, 

98,980  00 

Plymouth  Co.,    . 

Fifty-three  thousand  seven  hundred 

and  forty  dollars,   .... 

53,740  00 

Suffolk  County,  . 

Eight  hundred  twenty-one  thousand 

eight  hundred  dollars,   . 

821,800  00 

"Worcester  Co.,   . 

One   hundred   eight3'-two  thousand 

five  hundred  and  sixty  dollars. 

182,560  00 

$2,000,000  00 

Section  2.  The  treasurer  shall  forthwith  send  his 
warrant,  with  a  copy  of  this  act,  directed  to  the  selectmen 
or  assessors  of  each  city  or  town  taxed  as  aforesaid ;  re- 
quiring them,  respectively,  to  assess  the  sum  so  charged, 
according  to  the  provisions  of  chapter  eleven  of  the  Gen- 
eral Statutes,  and  to  add  the  amount  of  such  tax  to  the 
amount  of  town  and  county  taxes  to  be  assessed  by  them 
respectively  on  each  city  or  town. 

Section  3.  The  treasurer,  in  his  warrant,  shall  require 
the  said  selectmen  or  assessors  to  pay,  or  to  issue  their 
several  warrant  or  w^arrants  requiring  the  treasurers  of 
their  several  cities  or  towais  to  pay,  to  the  treasurer  of  the 
Commonwealth,  on  or  before  the  first  day  of  December, 
in  the  year  one  thousand  eight  hundred  and  seventy-four, 
the  sums  set  against  said  cities  or  towns  in  the  schedule 
aforesaid;  and  the  selectmen  or  assessors,  respectively, 
shall  return  a  certificate  of  the  names  of  such  treasurers, 
with  the  sum  which  each  may  be  required  to  collect,  to 
the  treasurer  of  the  Commonwealth,  at  some  time  before 
the  first  day  of  October  next. 

Section  4.  If  the  amount  due  from  any  city  or  town, 
as  provided  in  this  act,  is  not  paid  to  the  treasurer  of  the 
Commonwealth  within  the  time  specified,  then  the  treasurer 
shall  notify  the  treasurer  of  said  delinquent  city  or  town, 
who  shall  pay  into  the  treasury  of  the  Commonwealth,  in 
addition  to  the  tax,  such  further  sum  as  would  be  equal 
to  one  per  centum  per  month  during  such  delinquency, 
dating  on  and  after  the  first  day  of  December  next ;  and, 
if  the  same  remains  unpaid  after  the  first  day  of  January 
next,  an  information  may  be  filed,  by  the  treasurer  of  the 
Commonwealth,  in  the  supreme  judicial  court,  or  before 

32 


Treasurer  of 
Commonwealth 
to  issue  warrant. 


To  require 
selectmen  or 
assessors  to 
issue  warrant  to 
city  or  town 
treasurers. 


Treasurer  of 
tlie  Common- 
wealth! to  notify 
delinquent  city 
or  town  treas- 


250 


1874.— Chapter  319. 


any  justice  thereof,  against  such  delinquent  city  or  town  ; 
and,  upon  notice  to  such  city  or  town,  and  a  summary 
hearing  thereon,  a  warrant  of  distress  may  issue  against 
such  city  or  toAvn,  to  enforce  the  payment  of  said  taxes, 
under  such  penalties  as  said  court,  or  the  justice  thereof 
before  whom  the  hearing  is  had,  shall  order. 

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

Ajjproved  Jtine  8,  1874. 


C7i.    319. 


Appropriations 
authorized. 


District  court, 
southern  Mid- 
dlesex.    . 


Opinions  of 
court  before 
publication. 


Fitchburg 
police  court. 


District  court, 
southern 

Worcester. 


Diseases  dan- 
gerous to  public 
health. 


District  court, 
southern  Berk- 
shire. 


An  Act  making  appropriations  to  meet  certain  expenditures 

authorized  the  present  tear,  and  for  other  purposes. 
Be  it  enacted,  &c.,  as  folloivs : 

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  act,  chapter  thirt3^-five,  establishing  the  first  dis- 
trict court  of  southern  Middlesex,  a  sum  not  exceeding 
one  thousand  sixty-six  dollars  and  sixty-seven  cents  for 
the  salary  of  the  justice;  and  five  hundred  thirty-three 
dollars  and  thirty-four  cents  for  the  salary  of  the  clerk  of 
said  court. 

In  the  act,  chapter  forty-three,  providing  for  the  custody 
and  examination  of  the  opinions  of  the  supreme  judicial 
court  before  publication  in  the  reports,  a  sum  not  exceed- 
ing fifteen  hundred  dollars,  for  clerk  hire  and  expenses. 

In  the  act,  chapter  seventy-five,  establishing  the  salary 
of  the  clerk  of  the  Fitchburg  police  court,  two  hundred 
and  twenty-five  dollars. 

In  the  act,  chapter  eighty-five,  relating  to  the  second 
district  court  of  southern  Worcester,  for  the  salary  of  the 
justice,  two  hundred  and  twenty-five  dollars. 

In  the  act,  chapter  one  hundred  and  twenty-one,  relat- 
ing to  small-pox  and  other  diseases  dangerous  to  the 
public  health,  and  providing  for  the  reimbursement  of 
expenses  incurred  in  relation  thereto,  a  sum  not  exceeding 
forty  thousand  dollars. 

In  the  act,  chapter  one  hundred  and  twenty-three,  estab- 
lishing the  salary  of  the  clerk  of  the  district  court  of  central 
Berkshire,  one  hundred  and  fifty  dollars. 

In  the  act,  chapter  one  hundred  and  twenty-six,  estab- 
lishing the  salary  of  the  clerk  of  the  district  court  of 
southern  Berkshire,  two  hundred  and  twenty-five  dollars. 


1874.— Chapter  319.  251 

In  the  act,  chapter  one  hundred  and  thirty-two,  estab-  AMistant 
lishing  the  salary  of  the  assistant-attorney-gcueral,  seven  ^  j-geuera. 
hundred  dolhirs. 

In  the  act,  chapter  one  hundred  and  tifty-four,  provid-  ^vorcMter*^' 
ing  for  the  appointment  of  an  assistant-clerk  of  the  central 
district  court  of  AVorcester,  a  sum  not  exceeding  seven 
hundred  and  fifty  dollars. 

In  the  act,  chapter  one  hundred  and  sixty-four,  providing  Distnct-attor- 
for  the  appointment  of  a  second  district-attorney  for  the  ^^^' 
Suffolk  district,  a  sum  not  exceeding  one  thousand  five 
hundred  dollars. 

In  the  act,  chapter  one  hundred  and  seventy-one,  fixing  PoUce  court, 
the  sahuy  of  the  justice  of  the  police  court  of  Lee,  two 
hundred  and  twenty-five  dollars. 

In  the  act,  chapter  one  hundred  and  eighty,  fixing  the  PoUce  court, 
salaries   of  the  justice   and  clerk  of  the  police  court  of   ^"°^  ^ 
Springfield,  three  hundred  dollars  for  the  justice,  and  one 
hundred  and  fifty  dollars  for  the  clerk. 

In  the  act,  chapter  two  hundred  and   one,  concerning  Police  court,    . 
the  police  court  in  Chelsea,  one  hundred  and  fifty  dollars 
for  the  salary  of  the  justice,  and   a  sum  not  exceeding 
seven  hundred  and  fifty  dollars  for  the  salary  of  the  clerk 
of  said  court. 

In  the  act,  chapter  two  hundred  and  seven,  establishing  Police  court, 
the  salaries  of  the  justice  and  clerk  of  the  police  court  in 
Haverhill,  four  hundred  and  fifty  dollars  for  the  justice, 
and  one  hundred  and  fifty  dollars  for  the  clerk. 

In  the   resolve,   chapter  two,  to   provide  the   town  of  ^edfieid. 
Mcdfield  with  certain  laws  and  documents,  a  sum  not  ex- 
ceeding three  hundred  and  fifty  dollars. 

In  the  resolve,  chapter  three,  in  fiivor  of  Chester  C.  Qonl^t"^^" 
Conant,    as    acting  judge  of  Hampshire  County  probate 
court,  one  hundred  and  fifty  dollars. 

In  the  resolve,  chapter  nine,  in  favor  of  Susan  W.  Hoi-  n^cfitonT' 
ton,  for  services  rendered  by  J.  F.  Holton  to  the  special 
committee  on  return  of  votes  for  senators,  fifty  dollars. 

In  the  resolve,  chapter  ten,   in  favor  of  Benjamin  H.  b.  h.  sweetser. 
Sweetser,  the  sum  of  fifty-six  dollars,  on  account  of  state 
aid. 

In  the  resolve,  chapter  eleven,  in  fiivor  of  William  H.  ^o^^-^^°^' 
Hammond,  the  sum  of  three  hundred  and  twelve  dollars, 
on  account  of  state  aid. 

In  the  resolve,  chapter  tw-elve,  in  favor  of  the  city  of  J- ^- ^"^'"y- 
Lawrence,  for  the  support  of  James  F.  Dooley,  an  insane 


k 


252 


1874.— Chapter  319. 


Medway. 


W.  E.  Slade. 


R.  8.  Rantoul. 


Idiotic  and 

feeble-minded 

youth. 


Widow  of 
J.  M.  Bunker. 


Elizabeth 
Martindale, 


Mary  L.  Tarbox. 


N.  C.  Furnald. 


Catherine 
Harvey. 


J.  McGrath. 


J.  McEvoy. 


Discharged 
female  prison- 
ers. 

Disiibled 
eoldifcio. 


state  pauper,  two  hundred  seventy-three  dollars  and  forty- 
five  cents. 

In  the  resolve,  chapter  fourteen,  to  furnish  certain  books 
to  the  town  of  Medway,  a  sam  not  exceeding  three  hun- 
dred and  fifty  dollars. 

In  the  resolve,  chapter  sixteen,  in  favor  of  Willard  E. 
Slade,  the  sum  of  one  hundred  and  twenty-six  dollars  on 
account  of  state  aid. 

In  the  resolve,  chapter  seventeen,  in  favor  of  Robert  S. 
Rantoul,  for  services  as  arbitrator  between  the  Common- 
wealth and  the  Massachusetts  Historical  Society,  relating 
to  the  custody  of  the  Hutchinson  papers,  one  thousand 
dollars. 

In  the  resolve,  chapter  eighteen,  in  favor  of  the  Massa- 
chusetts School  for  Idiotic  and  Feeble-minded  Youth,  a 
sum  not  exceeding  two  thousand  five  hundred  dollars  for 
sundry  repairs,  and  a  further  sum  of  one  thousand  dollars 
in  addition  to  the  annual  appropriation  heretofore  made. 

In  the  resolve,  chapter  twenty,  in  favor  of  the  widow  of 
James  M.  Bunker,  late  judge  of  probate  and  insolvency 
for  Nantucket  County,  fifty-live  dollars  and  fifty-five  cents. 

In  the  resolve  chapter  twenty-one,  in  favor  of  Elizabeth 
Martindale  the  sum  of  one  hundred  and  thirty-three  dol- 
lars, on  account  of  state  aid. 

In  the  resolve  chapter  twenty-two,  in  favor  of  Mary  L. 
Tarbox  the  sum  of  ninety-eight  dollars  on  account  of  state 
aid. 

In  the  resolve  chapter  twenty-three  in  fiivor  of  Nehemiah 
C.  Furnald,  the  sum  of  one  hundred  and  forty-four  dol- 
lars, on  account  of  state  aid. 

In  the  resolve  chapter  twenty-four,  in  favor  of  Catherine 
Harvey,  the  sum  of  one  hundred  and  six  dollars,  on 
account  of  state  aid. 

In  the  resolve  chapter  twenty-five,  in  favor  of  John 
McGrath,  the  same  being  payable  to  the  overseers  of  the 
poor  of  the  town  of  Framingham,  for  his  benefit,  one  hun- 
dred dollars. 

In  the  resolve,  chapter  twenty-eight,  in  favor  of  Joseph 
McEvoy,  the  sum  of  forty-four  dollars  and  eighty  cents, 
on  account  of  state  aid. 

In  the  resolve  chapter  twenty-nine,  in  aid  of  discharged 
female  prisoners,  the  sum  of  fifteen  hundred  dollars. 

In  the  resolve,  chapter  thirty,  in  fjivor  of  the  Disabled 
Soldiers'  Employment  Bureau,  the  sum  of  three  thousand 
dollars. 


1874.— Chapter  319.  253 

In  the  resolve,  chapter  thirty-one,  providing  for  the  ex-  Building  in 
pense  of  refitting  a  building  in  Pemberton  Square,  the  sum    ^"^  '^""'^  ^' 
of  four  thousand  seven  hundred  and  fifty  dollars. 

In  the  resolve  chapter  thirty-two,  in  favor  of  the  Mas-  E.veandear 
sachusetts  Charital)le  Eye  and  Ear  Infirmary,  the  sum  of  ^'^^'"^^y- 
eight  thousand  five  hundred  dollars. 

In  the  resolve,  chapter  thirty-three,  to  furnish  certain  Rockland. 
documents  and  standard  weights  and  measures  to  the  town 
of  Rockland,  a  sum  not  exceeding  seven  hundred  dollars. 

In  the  resolve,  chapter  thirty- four,  relating  to  the  flats.  East  Harbor 
meadows  and  beaches  on  East  Harbor  Creek,  in  Province- 
town  and  Truro,  a  sum  not  exceediug  ten  thousand  dollars. 

In  the  resolve,  chapter  thirty-seven,  providing  for  the  Catalogue  state 
preparation  of  a  new  catalogue,  and  for  incidental  expenses  '  '^^^^' 
of  the  state  library,  a  sum  not  exceeding  eight  hundred 
dollars  :  provided,  that  no  part  of  the  appropriation  for 
incidental  expenses  shall  be  expended  for  salaries. 

In  the  resolve,  chapter  thirty-eight,  in  fevor  of  Patrick  Patrick  Buck- 
Buckley  on  account  injuries  sustained  at  the  Hoosac  Tun-  *'^' 
nel,  two  hundred  and  fifty  dollars. 

For  the  redemption  of  the  harbor  improvement  loan.  Harbor  im- 
authorized  by  chapter  four  hundred  and  forty-six  of  the  p™^®™*^" 
acts  of  the  year  eighteen  hundred  and  sixty-nine,  a  sum 
not  exceeding  two  hundred  and  thirty  thousand  dollars. 

For  military  accounts  of  the  year  eighteen  hundred  and  ^"itary  ac 

1  T  •     1  •  1    11  1   counts. 

seventy-three,  a  sum  not  exceedmg  eighty-nine  dollars  and 
thirty-eight  cents. 

For  printing  "index  of  the  special  railroad  laws,"  a  sum  Railroad  laws. 
not  exceeding  one  hundred  dollars  and  fifty-three  cents. 

For   the    current   expenses  of  the    state   almshouse  at  Tewk'sbm-^"^*^^ 
Tewksbury,  the  same  to  include  medical  attendance  and 
nursing,  a  sum  not  exceediug  three  thousand  five  hundred 
dollars,  in  addition  to  the  amount  heretofore  appropriated 
for  the  present  year. 

For  the  supijort  of  state  paupers  during  the  year  eigh-  support  of 

'■'■  ,^*--  .<^  "^  ^         state  paupers. 

teen  hundred  and  seventy-three,  and  previous  years,  a  sum 
not  exceeding  ten  thousand  dollars. 

For  the  burial  of  state  paupers,  during  the  year  eighteen  Buriai  of  state 
hundred  and  seventy-three,  and  previous  years,  a  sum  not  ^^"P"^" 
exceeding  four  thousand  dollars. 

For  the  support  of  pauper  convicts  during  the  year  eigh-  Pauper  convicts. 
teen  hundred  and  seventy-three,  a  sum  not  exceeding  two 
hundred  and  twenty-two  dollars. 

For  expenses  of  the  state  police  for  the  present  year,  a  state  police. 


254 


1874.— Chaptek  319. 


Memorial 

statues  at  Wash- 
ington. 


Registration 
report. 


Militia. 


Death  of 
Charles  Sumner. 


State  workhouse 
at  Bridgewater. 


Indexes. 


Registration 
books. 


Almshouse  loan 
sinking  fund. 


Children  placed 
out  from  public 
institutions. 


Surgeon-gen- 
eral. 


sum  not  exceeding  eight  thousand  one  hundred  dollars, 
viz.  :  for  office  rent  in  Boston,  five  thousand  three  hundred 
dollars,  and  for  incidental  and  contingent  expenses,  two 
thousand  eight  hundred  dollars. 

The  unexpended  balfince  of  the  appropriation  made  in 
chapter  three  hundred  and  sixty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two,  for  the  erection  of 
memorial  statues  in  the  national  capitol  at  Washington,  is 
hereby  made  applicable  to  the  same  purpose  for  the  present 
year. 

For  such  clerical  assistance  as  the  secretary  may  find 
necessary  in  the  preparation  of  the  registration  report,  a 
sum  not  exceeding  five  hundred  dollars. 

For  books  of  instruction,  for  the  use  of  the  volunteer 
militia  of  the  Commonwealth,  a  sum  not  exceeding  five 
hundred  dollars,  in  addition  to  the  amount  heretofore 
appropriated. 

For  expenses  incurred  on  the  part  of  the  Common- 
wealth on  account  of  the  demise  of  the  Hon.  Charles  Sum- 
ner, a  sum  not  exceeding  sixteen  thousand  two  hundred 
dollars. 

For  the  current  expenses  of  the  state  workhouse  at 
Bridge  water,  a  sum  not  exceeding  three  thousand  five 
hundred  dollars,  in  addition  to  the  amount  heretofore 
appropriated  for  the  present  year. 

For  indexes  of  registration  of  births,  marriages  and 
deaths,  a  sum  not  exceeding  six  hundred  dollars. 

For  registration  books,  a  sum  not  exceeding  seven  hun- 
dred dollars. 

On  the  first  day  of  October  of  the  present  year  there 
may  be  paid  from  the  debt  extinguishment  fund  to  the 
almshouse  loan  sinking  fund  such  sum  as  the  last  named 
fund  will  require  for  the  redemption  of  the  scrip  due  at 
that  date. 

For  sundry  expenses  incurred  on  account  of  children 
from  the  public  institutions  placed  out,  or  otherwise,  a 
sum  not  exceeding  three  hundred  dollars,  which  shall  be 
allowed  and  paid. 

For  the  contingent  expenses  of  the  surgeon-general's 
bureau,  a  sum  not  exceeding  one  thousand  dollars  in 
addition  to  the  amount  heretofore  appropriated  for  the 
present  year,  which  shall  be  allowed  and  paid. 

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

Ajjproved  June  10,  1874. 


1874.— Chapter  320.  255 

An  Act  concerning  the  militia.  rjj^^    320. 

Be  it  enacted,  &c.,  as  follows  ; 

SECTiOiSr  1.     Every  able-bodied  male  citizen,  resident  Persons  to  be 

•   1   •         1   •  •     1  f      •     ^  11         enrolled. 

Within  this  state,  ot  the  age  of  eighteen  years,  and  under 
the  age  of  forty-five  years,  excepting  persons  exempted  by 
the  following  sections,  idiots,  lunatics,  common  drunkards, 
vagabonds,  paupers,  and  persons  convicted  of  any  infamous 
crime,  shall  be  enrolled  in  the  militia.  Persons  so  con- 
victed after  enrolment  shall  forthwith  be  disenrolled  ;  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  Assessors  to 
make  a  list  of  persons  living  within  their  respective  limits  an^cierks^to 
liable  to  enrolment,  and  place  a  certified  cop}'  thereof  in  ™"^^  returns. 
the  hand  of  the  clerks  of  their  respective  cities  and  towns, 
who  shall  place  it  on  file  with  the  records  of  such  city  or 
town,  and  annually  in  Ma}^  June  or  July,  transmit  returns 
of  the  militia  thus  enrolled  to  the  adjutant-general. 

Sectiox  3.  Keepers  of  taverns  or  boarding-houses,  Penalty  for  not 
and  masters  and  mistresses  of  dwelling-houses,  shall,  upon  uoTto^ses^rs. 
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  gives  false 
information,  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. 

Section  4.     The  enrolled  militia  shall  be  subject  to  no  Enrolled  miiitia 

,  '  -I     .  ,   •  /•  •  •  j^i  i"  not  liable  to  ac- 

active  duty,  except  in  case  ot  war,  invasion,  the  prevention  tive  duty  except 
of  invasion,  the  suppression  of  riots  and  to  aid  civil  ofii-  ''icaseofwar. 
cers  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  pro- 


256 


1874.— Chapter  320. 


Penalty  on  sol- 
dier for  not  ap- 
pearing, or  not 
furnishing  a 

substitute. 


Militia  in  active 
service  to  be 
organized  into 
conipanies,  &c. 


State  to  furnish 
arnos  and  equip- 
ments. 


TovTns  may  be 
required  to  pro- 
vide ammuni. 
tion  and  camp- 
kettles. 


Persons  ex- 
empted from  all 
military  duty. 


ceecl  to  draft  as  many  thereof,  or  accept  as  many  volun- 
teers, as  is  required  by  the  order  of  the  commander-in- 
chief;  and  shall  forthwith  notify  the  commander-in-chief 
that  they  have  performed  such  duty. 

Section  6.  Every  soldier  ordered  out,  or  who  volun- 
teers or  is  detached  or  drafted,  under  the  provisions  of 
section  thirteen  of  this  act,  who  does  not  appear  at  the 
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  Com- 
monwealth, 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  have 
volunteered  for,  and  while  they  are  in  actual  service,  as 
specified  in  section  four,  they  shall  be  organized  by  the 
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 
office  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 
equipments  for  each  non-commissioned  officer  and  private, 
and  pay  them  until  their  term  of  service  expires  ;  and 
when  troops  are  in  the  field  for  such  purposes,  the  senior 
officer  of  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 
necessary,  he  shall  require  cities  and  towns  to  ]3rovide,  in 
some  suitable  place  therein,  sixty-four  pounds  of  powder, 
one  hundred  pounds  of  musket  and  rifle  balls,  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  com- 
ply with  such  requisition  shall  forfeit  and  pay  not  less  than 
twenty  nor  more  than  five  hundred  dollars. 

Section  9.  In  Jiddition  to  the  persons' exempted  from 
enrolment  in  the  militia  by  the  laws  of  the  United  States, 
the  persons  hereinafter  meiitioned  shall  also  be  absolutely 
exempted  from  enrolment,  viz.  :  justices  and  clerks    of 


1874.— Chapter  320.  257 

courts  of  record ;  registers  of  probate  and  insolvency ; 
registers  of  deeds  and  sheriiFs  ;  officers  who  have  held  or 
may  hold  commissions  in  the  reguhir  or  volunteer  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  disbandmeut ;  staff  officers 
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  employed  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. 

Sectiox  10.  Every  person  of  either  of  the  religious  Exemption  of 
denomiuations  of  Quakers  or  Shakers,  who  on  or  before  shakers. 
the  first  Tuesday  in  May,  annually,  produces  to  the  asses- 
sors of  the  city  or  town  in  which  he  resides,  a  certificate, 
sigued  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  reli<;ious  worshij?  with  said  society,  and  we  believe  he 

is  conscientiously  scrupulous  of  bearing  arms. 

A.  B.  ^  Elders  or  overseers 
E.  F.,  Clerk.  C.  D.  /  (as  the  case  may  be). 

Section  11.  Enginemen,  or  members  of  the  fire  Exemption  of 
department  in  a  city  or  town,  shall  be  exempted  from  fiie"department. 
military  duty  by  forthwith  filing  with  the  assessors  of  the 
city  or  town  in  which  they  reside,  a  certificate  that  they 
are  enginemen  or  members  of  the  fire  department  as  afore- 
said, signed  by  the  mayor  and  aldermen  of  such  city,  or 
the  selectmen  of  such  town ;  but  when  a  member  of  a 
volunteer  company  is,  after  his  enlistment,  appointed  an 
engineman  or  member  of  the  fire  department,  it  shall  not 
vacate  his  enlistment. 

33 


258  1874.— Chapter  320. 

Exemption  of         SECTION  12.     Evefv  noii-commissioncd  oiBcGr  oi"  private 

soldiers  having     ,         .  i       ti       •     n         '^  i  ^     t     <•  ■!•< 

loodiiy iufirmity.  haviiig  boclily  iimrmity,  may  be  exempted  from  military 
duty,  if  he  obtains  from  the  surgeon  or  assistaut-surgeou 
of  the  regiment,  battalion  or  detached  company  to  Avhich 
he  belongs  (or,  if  there  are  no  such  officers  commissioned 
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  iniirmity,  the  nature  of  M'hich  shall 
be  described  in  such  certificate ;  and  the  captain  or  com- 
manding 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  endorsing 
the  same  upon  the  surgeon's  certificate. 

All  the  preceding  sections  apply  only  to  the  enrolled 
militia. 

Active  militia  to      Sectiox  13.     The  activc  militia  shall  be  composed  of 

consist  of  volun-  ,,,,■,  ^        .  /, 

teors,  and  to  be   voluutecrs  ;  aud  in  case  oi  war,  invasion,  the  prevention  or 

first  called  into      .  .'  ,,  .  t>      •    2  ij_  •i-m/t' 

sei-vice.  luvasiou,  the  suppression  oi  riots,  and  to  aid  civil  omcers 

in  the  execution  of  the  laws  of  the  Commonwealth,  shall 
first  be  ordered  into  service. 

Number  of  com.  SECTION  14.  The  voluiitecr  militia  shall  coiisist  of  oue 
hundred  companies  of  infantry,  to  be  reduced  as  herein 
provided,  six  of  cavalry,  five  of  light  artillery,  and  two 
corps  of  cadets,  aud  shall  be  apportioned  among  the 
counties  according  to  population.  The  volunteer  com- 
panies, however,  now  organized,  shall  be  retained  :  j9?'0- 
vided,  that  no  county  in  the  Commonwealth  shall,  by 
reason  thereof,  be  deprived  of  the  right  and  privilege  of 
enlisting  and  organizing  its  proportion  of  the  volunteer 
force  under  the  provisions  of  this  act.  And  the  com- 
mander-in-chief shall  have  full  power  and  authority,  at 
any  time  hereafter,  to  disband  any  company  or  companies 
now  organized,  whenever,   in   his  judgment,  it  shall  be 


1874.— Chapter  320.  259 

necessary  or  expedient,  in  order  to  give  to  each  county  its 
just  proportion  of  tlie  organized  militia. 

Tlie  numl)er  of  compauies  of  infantry  shall  be  reduced  ]j"Jg"o''^e''?^^*" 
gradually  to  eighty  by  disbandment  for  any  cause  pro-  ^uced  to  eighty. 
vided    in  this   act,   but  no    company  shall  be   disbanded 
without  such  cause  existing. 

The  maximum  number  of  commissioned  officers,  non- 
eommissioned  officers,  musicians,  forriers,  artificers,  wagon- 
ers and  privates  of  said  companies  of  light  artillery,  and 
the  number  and  rank  of  the  officers  and  non-commissioned 
officers  of  said  companies  of  infimtry,  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 
service  to  which  such  companies  severally  belong.  The 
maximum  number  of  commissioned  officers,  non-commis- 
sioned officers,  musicians  and  privates  of  said  companies 
of  infantry  shall  be  sixty-four,  and  the  minimum  number 
forty-eight.  The  maximum  number  of  officers,  non-com- 
missioned officers  and  enlisted  men  in  a  company  of  cavalry, 
shall  be  one  hundred  and  three,  and  the  minimum  number 
eighty -four. 

Petitions    for   organizing  volunteer  companies  may  be  whoie  force  not 

•      i,.,  •-  T         •         T  •     f         -\T  to  exceed  five 

granted  by  the  commander-m-chier.  JSIo  new  company,  thousand. 
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  Members  of 
formed,  the  members  thereof   shall    sign   an    enlistment  an^nust^ment'^ 
roll  issued  from  the  office  of  the  adjutant-general ;    but  '"°"* 
no   election  of   officers   shall   be   ordered  in   a   company 
hereafter  organized,  unless  at  least  fifty  men  have  l)een 
enlisted  therein.     Upon  the  enlistment  of  that  number,  Election  of 
and  notification  given  to  the  commander-in-chief  by  one  "  '^'^'^^' 
or  more  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  conveuientl}^  located  to  preside  at  such 
election,  the  commander-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.  Company  to  be 
the  company  shall  be  mustered  into  the  service  of  the  the  service  of 

the  state. 


260 


1874.— Chaptee  320. 


Enlisted  men  to 
be  mustered  in 
for  three  years. 


Not  liable  to 
jury  duty. 


Officers  of  the 
militia. 


Quartermastei'- 
general. 

Commissary- 
general. 

Officers  of 
division. 


Commonwealth,  upon  said  rolls,  by  any  mustering  officer, 
to  be  designated  by  the  adjutant-general. 

Section  16.  Non-commissi<med  officers  and  privates 
shall  enlist  and  be  mustered  in  for  a  term  of  three  years, 
and  shall  not  be  discharged  during  that  time  except  as 
provided  in  section  one  hundred  and  forty-seven.  Muster- 
in  rolls  shall  be  made  in  trii3licate,  one  of  which  shall  be 
retained  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. 
At  the  expiration  of  his  term  of  enlistment  each  non- 
commissioned officer  and  soldier  shall  be  mustered  out  or 
discharged  upon  rolls  in  such  form  as  the  commander-in- 
chief  shall  direct. 

Section  17.  No  officer  or  soldier  shall  be  liable  to 
jury  duty  while  in  the  active  militia  service. 

Section  18.  The  militia  under  the  command-in- 
chief  of  the  governor  of  the  Cominonwealth  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  the  inspector-general  of  the  militia ;  a 
quartermaster-general,  surgeon-general  and  judge-advo- 
cate-general, each  with  the  rank  of  brigadier-general ;  and 
four  aides-de-camp,  each  with  the  rank  of  colonel,  and 
such  additional  othcers  of  the  general  staff"  as  the  public 
service  may  require,  with  such  rank  as  the  commander-in- 
chief  may  designate ;  and  if  the  good  of  the  service 
demands,  the  office  of  inspector-general  maybe  separated 
from  that  of  adjutant-general,  but  in  such  case  the  rank 
of  the  inspector-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 
ordnance  and  commissary-general  of  su1)sistence. 

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  lieuten- 
ant-colonel, who  shall  be  division  mustering  officer;  one 
medical  director,  who  shall  be  a  surgeon  and  shall  have 
the  rank  of  colonel ;  one  assistant-quartermaster,  with 
the  rank  of  lieutenant-colonel ;    two   aides-de-camp,  one 


1874.— Chapter  320.  261 

engineer  of  division,  and  one  judge-advocate,  who  shall 
be  a  justice  of  the  peace,  each  with  the  rank  of  major. 

To  each  brio^ade  there  shall  be  one  bris^adier-general,  officers  of 
whose  staff  shall  consist  of  one  assistant-adjutant-general, 
with  the  rank  of  lieutenant-colonel ;  a  medical  director  of 
brigade,  with  rank  of  lieutenant-colonel ;  one  assistant- 
iuspector-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-  officers  of 
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. 

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 
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 ;  and  to  an  artillery 
battalion,  one  assistant-surgeon  with  the  rank  of  first 
lieutenant ;  one  sergeant-major,  one  quartermaster-ser- 
geant, 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,  who  shall 
be  one  of  the  enlisted  men  of  such  company,  and  shall 
hold  his  appointment  during  the  pleasure  of  the  company 
commander.     To  each  corps  of  cadets  there  shall  be  one  officers  of 
lieutenant-colonel,  one  major,  one  surgeon  with  rank  of 


262 


1874.— Chaptee  320. 


Staff  officers  of 
companies  cav- 
alry and  artil- 
lery when  at- 
tached to  bri- 


Volunteer  mili- 
tia to  be 
arranged  into 
divisions,  bri- 
gades, &c.,  and 
numbered. 


major,  one  mustering  officer  with  tlie  rank  of  captain,  one 
adjutant  and  one  quartermaster,  each  with  the  rank  of 
first  lieutenant,  one  sergeant-major,  one  quartermaster- 
sergeant,  one  commissary-sergeant,  one  hospital  steward, 
one  di-um-major,  and  such  number  of  line  officers,  not  to 
exceed  four  captains,  four  first  lieutenants  and  four  second 
lieutenants  and  of  non-commissioned  officers,  musicians 
and  privates  as  the  commander-in-chief  shall  deem  expe- 
dient for  instruction  in  the  school  of  the  battalion.  These 
corps  of  cadets  shall  be  instructed,  armed  and  equipped, 
and  receive  the  same  compensation  and  allowances  as  bat- 
talions of  infantry.  They  may  be  attached  to  the  same 
or  separate  divisions,  or  remain  unattached,  as  the  com- 
mander-in-chief shall  direct. 

Companies  of  cavalry  and  artillery  when  attached  to 
brigades,  as  provided  in  the  succeeding  section,  shall  be 
entitled  to  an  adjutant  and  one  assistant-surgeon  each, 
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  stafi"  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  commissioned  shall 
receive  the  same  compensation  as  is  allowed  to  other  offi- 
cers of  such  companies;  such  companies  shall  also  be 
allowed  a  quartermaster-sergeant  and  a  commissary-ser- 
geant, who  shall  be  paid  as  non-commissioned  stafi*  officers 
of  regiments.  Mustering  officers  of  the  militia  shall  in 
all  cases  be  paymasters,  and  company  commanders  shall 
be  the  recruiting  officers  for  their  respective  commands, 
unless  otherwise  directed  by  the  commander-in-chief. 

Sect.  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,  regi- 
ment and  battalion  shall  be  numbered  at  the  formation 
thereof,  and  a  record  thereof  made  in  the  office  of  the 
adjutant-general. 

Companies  of  cavalry  and  artillery  inconveniently  lo- 
cated for  such  organization,  may  be  attached  to  such  bri- 
gades as  the  commander-in-chief  shall  order. 


1874.— Chapter  320.  263 

Companies  or  corps  of  cadets  attached  to  divisions  or 
brigades,  and  not  to  regiments,  shall,  until  otherwise 
organized,  be  subject  to  the  immediate  orders  of  the  com- 
manders of  such  divisions  or  brigades,  who  shall  receive 
the  returns  and  orders,  have  the  authority  and  perform 
the  duties,  with  regard  to  such  companies  or  corps  of 
cadets,  which  are  prescribed  for  the  commanders  of  regi- 
ments, and  battalions  with  regard  to  their  organizations. 

Sect,   20.     The  officers  of  the  line  of  the  militia  shall  Officers  of  the 
be  elected  as  tollows  : — Major-generals,  by  the  senate  and  elected. 
house  of  representatives,  each  having  a  negative  upon  the  ^rajor-generais. 
other.     Brigadier-generals,  by  the    written   votes  of  the  Bngadier- 
field  officers  of  the  respective  brigades.     Field  officers  of  ^eWofflcers 
regiments  and  battalions  by  the  written  votes  of  the  cap- 
tains and  su])alterns  of  the  companies  of  the  respective  Captains  and 

,  lijT  1     •  t  iii  j^  subalterns. 

regmients  or  battalions ;  captams  and  subalterns  ot  com- 
panies, by  the  written  votes  of  the  non-commissioned  offi- 
cers and  privates  of  the  respective  companies.  But  no 
officer  under  major-generals,  so  elected,  shall  be  commis- 
sioned for  a  period  beyond  sixty  days  till  he  shall  be 
approved  by  an  examining  board  as  provided  in  the  fol- 
lowing 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-gen- 
eral, to  appear  before  said  board,  and  if  such  officer  can- 
not pass  said  board,  his  commission  shall  be  considered  as 
vacated  on  the  filing  of  the  proper  certificate  of  said  board 
with  the  adjutant-general,  and  such  officer  shall  forthwith 
be  discharged.  If  any  officer  fails  to  appear  l)efore  the 
examining  board  within  the  time  specified  by  law,  such 
officer  shall  be  discharged,  to  date  at  the  expiration  of  such 
specified  time. 

The  board  of  examiners  shall  be  provided  by  the  adju- 
tant-o-eneral  with  a  list  of  the  commissions  issued  from 
time  to  time,  and  such  board  shall  notify  the  adjutant- 
general  of  the  non-appearance  of  officers  before  it.  The 
report  of  the  board  of  examiners  in  each  case  shall  be 
made  to  the  adjutant-general  within  the  time  for  which  the 
officer  examined  was  commissioned. 

Officers  failing  to  pass  the  board  of  examiners,  shall  be 
discharged  upon  the  receipt,  by  the  adjutant-general,  of 
the  report  of  the  board  stating  that  such  officers  have 
failed  to  pass  the  same. 


264 


187dL.— Chapter  320. 


Officers  elected  Sect.  21.  All  officei's  elected  as  providecl  in  the  pre- 
anTx^amLiug°  cedliig  sectloii,  shall  at  once,  upon  being  notified  thereof 
^°^^^'  as  provided  in  section  thirty-two,  appear  before  an  exam- 

ining 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  commission  as  to  his  mili- 
tary 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,  Avhich  shall  be  issued 
forthwith  by  his  excellency  the  governor, 
staff  officers.  Sect.   22.     The  statl' officcrs  of  the  militia  shall  be  ap- 

pointed in  manner  following  : — The  stafl'of  the  commander- 
in-chief  by  the  commander-in-chief;  the  stafi"  of  a  major- 
general  commanding  a  division,  by  the  major-general ;  the 
stall'  of  a  brigade  commander  by  the  brigadier-general 
commanding  the  brigade  ;  the  regimental  statf  by  the  colo- 
nel of  the  regiment ;  the  battalion  statf  and  the  staff  offi- 
cers of  the  cadet  corps  and  unattached  companies  by  their 
Surgeons  to  fur-  rcspcctive  commanding  officers.  No  surgeon  or  assistant- 
"  '  surgeon  shall  1)e  commissioned  until  he  shall  have  fur- 
nished satisfactory  evidence  to  the  commander-in-chief 
that  he  is  competent  to  perform  the  duties  of  his  office. 

Section  23.  Non-commissioned  stafi'  officers  of  regi- 
ments, battalions,  cadet  corps,  and  unattached  companies 
shall  be  appointed  by  their  respective  commanders  ;  and 
the  commanders  of  regiments  and  battalions,  upon  recom- 
mendation in  writing  of  company  commanders,  shall 
appoint  the  non-commissioned  officers  of  such  companies, 
but  ma}'-  Avithhold  such  appointment  for  proper  cause. 
Non-commissioned  officers  of  unattached  companies  and 
corps  of  cadets  shall  be  appointed  by  their  respective  com- 
manding officers.  Clerks  shall  be  appointed  by  the  com- 
manding officers  of  their  respective  companies,  and  shall 
be  furnished  with  a  warrant  of  such  appointment,  signed 
by  his  company  commander,  in  such  form  as  the  adjutant- 
general  shall  pi-escribe. 

Every  non-commissioned  officer  shall  be  furnished  wnth 
a  certificate  or  warrant  of  his  rank  signed  by  the  com- 
manding officer  of  his  regiment,  battalion,  unattached  com- 
pany or  cadet  corps  and  countersigned  by  the  adjutant.  In 
case  of  vacancy  and  till  a  decision  can  l)e  had  from  regi- 
mental or  battalion  commanders,  the  company  commanders 
may  make  temporary  appointments  of  non-commissioned 


nish  evidence  of 
competency, 


Non-commis 
sioned  staff 
officers. 


1874.— Chapter  320.  265 

officers.  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  a  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. 

Sectiox   24.     Commissioned    officers    shall    take   rank  officers  to  take 
according  to  the  date  of  their  commissions.     When  two  of  todate'^orcom? 
the  same  grade  bear  an  even  date,  the  rank  shall  ])e  de-  '"'^®'°°- 
terminecl  by  lot  drawn  before  the  commander  of  the  division, 
brigade,    regiment,    battalion,    company    or    detachment. 
The  day  of  the  appointment  or  election  of  an  officer  shall 
be  expressed  in  his  commission,  and  considered  as  the  date 
thereof. 

Section    25.       AVhen    the     office    of    maior-general,  when  an  office 

,..  ,  ,.  11"  vacant,  the 

brigadier-general,    colonel,    lieutenant-colonel,    major    or  officer  next  in 
captain  is  vacant,  or  such  officer  is   sick  or  absent,  the  mand! 
othcer  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  if  a  company  is 

t        .  •  n        rf,  .  -,  I'l'i  ^       A  without  officers, 

election  ot  officers  is  ordered,  it  such  company  neglects  or  an  officer  to  be 
refuses  to  elect  any  officer,  or  the  persons  elected  shall  not  mand^t.  *°  °°™ 
accept  or  be  commissioned,  or  if  from  any  cause  the  com- 
pany be  without  officers,  the  commander  of  the  regiment 
or  battalion  to  which  it  belongs  shall  detail  some  officer  of 
the  staff  or  line  of  the  regiment  to  train  and  discipline  said 
company  until  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 
captain  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  Major-generals 
election  by  the  secretary  of  the  Commonwealth,  and,  un-  the'ir  eiecdon ° 
less  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  divisions   shall   order  Major-generais 
elections  to  till  all  vacancies  which  occur  in  their  respective  trons'to'^fiu "' 

vacancies. 
34 


266 


1874.— Chapter  320. 


Electors  to  have 
four  days' 
notice. 

Penalty  for  ab- 
sence. 


Presiding  offi- 
cers at  elections. 


A  captain  may 
preside  at  elec- 
tion of  captain 
or  subaltern. 


Officers  to  be 
elected  by  a 
majority  vote. 


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. 

Sectiox  29.  Electors  shall  be  notified  of  elections  at 
least  four  days  previously  thereto.  A  non-commissioned 
officer  or  private  unnecessarily  absent  from  company  elec- 
tion, shall  forfeit  one  dollar,  to  be  recovered  on  complaint 
of  the  company  commander,  and  he  shall  also  be  liable  to 
punishment  for  neglect  of  duty. 

Section  30.  Officers  ordering  elections  may  preside, 
or  detail  some  officer  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  stafi"  officer  of  the  rank  of 
captain,  may  preside  at  the  election  of  an  officer  of  equal 
or  inferior  o:rade  within  the  limits  of  his  resjimcnt  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  com- 
manding officer  of  the  battalion,  regiment,  brigade  or 
division,  as  may  be  proper.  If  the  company  is  unattached, 
such  return  shall  l)e  made  to  the  adjutant-general. 

Section  32.  The  person  who  has  a  majority  of  the 
written  votes  of  the  electors  present  at  a  meeting  duly 
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.  The  officer  presiding  at  any  election  shall 
notify  the  person  elected,  to  appear  forthwith  before  the 
board  of  examiners  as  provided  in  section  twenty-one. 
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 


1874.— Chaptek  320.  267 

the  electors  shall  proceed  to  another  election.  Elections 
may  be  adjourned,  not  exceeding  twice,  and  each  adjourn- 
ment 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 
roll  of  the  company,  as  the  case  may  be,  shall  be  produced 
at  such  elections,  by  the  person  having  the  legal  custody 
thereof. 

Section  33.     The  presidino;  officer  at  any  election  shall  Return  of  eiec- 

.11  ,.  !!•  -I'l  1  *'°"  to  be  made 

make  a  certified  return  of  such  election,  withm  three  days  to  the  adjutant- 
thereafter,  to  the  adjutant-general,  for  the  information  of  three  days. 
the  commander-in-chief. 

Sectiox  34.     When  the  electors  neglect  or  refuse  to  if  electors  neg- 
elect  to  fill  a  vacancy,  the  commnnder-in-chief  shall  appoint  vTca^Ky,  com. 
a  suitable  person.     The  commanding  officer  of  the  division  maylippoi^t.*^^ 
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  appoint- 
ment, he  may,  if  necessary,  order  a  new  election. 

Section  35.     If  a  company  is  without  commissioned  [;°™P'*^i|p'^^"^' 
officers,  and,  having  been  twice  ordered  to  fill  vacancies,  officers  may  be 
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-  Acceptance  of 
mission  is  elected  or  appointed  to  another  office  in  the  cate  auy  b°efor'e 
militia,  and  accepts  the  same,  such  acceptance  shall  con-  '^''''^• 
stitute  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  and  discharges  shall  be  trans-  Transmission  of 
mitted  to  the  commanding  officers  of  divisions,  and  by  ''o^^^ssions. 
them,  through  the  proper  officers,  to  the  officers  elected  or 
discharged.  Or  if  the  commander-in-chief  shall  so  order, 
such  commissions  and  discharges  may  be  transmitted  direct 
to  the  commanding  officers  of  regiments  and  battalions, 
corps  of  cadets  and  unattached  companies,  and  by  them  to 
the  person  elected  or  discharged  ;  in  all  cases,  intermediate 
commanders  to  be  notified  of  such  direct  transmission. 

Section  38.  When  a  person  elected  or  appointed  to  an  uponnon-ac 
office  refuses  to  accept  his  commission  or  qualify  at  the  efJ'e'tiorto  bT 
time  of  acceptance,  the  major-general  shall  certify  the  fact  oi"«iered. 


268 


1874.— Chapter  320. 


Soldier  on  duty 
not  to  be  arrest- 
ed on  civil 
process. 


OtScers  to  be 
sworn. 


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  command, 
shall  take  and  subscribe  before  a  justice  of  the  peace,  or 
general  or  field  officer  who  has  previously  taken  and  sub- 
scribed them  himself,  the  following  oaths  and  declara- 
tions : — 


Form  of  oath.  "I,  A  B,  do  Solemnly  swear  that  I  will  bear  true  faith  and  alle- 

giance to  the  Commonwealth  of  Massachusetts,  and  will  sujjport  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." 


Certificate  of 
qualification. 


Certificate. 


And  on  the  back  of  every  commission  the  following  cer- 
tificate 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 
day  of  ,  A.  D.  ,  personally  ajjpeared  and  took  and  sub- 

scribed the  oaths  required  by  the  constitution  and  laws  of  this  Com- 
monwealth and  a  law  of  the  United  States,  to  qualify  him  to  discharge 
the  duties  of  his  office. 

Before  me,  ." 


Clerk  to  be 
sworn. 


Form  of  oath. 


Section  41.  Every  clerk  of  a  company,  before  he 
enters  upon  his  duties,  shall  take  the  following  oath  before 
the  commanding  officer  of  the  company  to  Avhich  he  be- 
longs, viz.  : — 

"  I,  A  B,  do  solemnly  swear  that  I  will  ftiithfully  and  impartially 
perform  all  the  duties  incumbent  on  me,  as  clerk  of  the  company  to 
Avhich  I  belong,  according  to  the  best  of  my  abilities  and  uudei'stand- 
ing.     So  hell?  me,  God." 

The  commander  of  such  company  shall,  at  the  time  of 
administering  the  oath,  certify  on  the  back  of  the  warrant 
of  the  person  appointed  to  be  clerk  that  he  was  duly  quali- 
fied by  taking  the  oath  required  by  law. 


1874.— Chapter  320.  269 

Section  42.  When  an  officer  requests  in  writing  his  Discharge  of 
discharge  from  office,  with  the  approval  of  the  command-  owu"eque"t. 
ers  of  the  regiment  or  battalion,  l)rigade  and  division  to 
which  he  belongs,  the  commander-in-chief  may  discharge 
him.  If  such  officer  belong  to  an  unattached  company  he 
may  be  discharged  in  the  same  manner  with  the  approval 
of  the  adjutant-general ;  if  to  an  unattached  corps  of 
cadets,  by  the  approval  of  the  commanding  officer  of  the 
same. 

Section  4.3.     No  commandini?  officer  shall  approve  a  Resignations  not 

,  ,  -,.  ~     ,.  1  ,1  to  be  approved 

resignation  under  the  precedmg  section,  unless  the  reasons  unless  reasons 
for  such  resignation  are  urgent  and  proved  to  his  satisfac-  '^'^'^  satis  acorj. 
tion ;  and  the  rolls,  orderly  book,  roster  documents,  and 
all  other  military  property  belonging  to  the  Commonwealth 
in  the  custody  of  the  officer  resigning  shall,  before  his  dis- 
charge 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  appli- 
cation 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. 

Section  44.  No  officer,  other  than  a  statf  officer  ap-  officers  may  be 
pointed  l)y  the  commander-in-chief,  shall  be  discharged  by  the%omman(fer- 
the  commander-in-chief,  unless  upon  his  own  request,  ex-  lalncasM.''^'^' 
cept  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  })rigade 
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  tribu- 
nal, after  trial  according  to  law  ;  when  the  corps  to  which 
he  belouirs  is  disbanded  or  mustered  out ;  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 


270 


1874.— Chapter  320. 


Discharge  by 
appointment  in 
the  U.  S.  army 
or  navy. 


Tenure  of  office 
of  staif  officers. 


Officers  under 
arrest  not  to 
resign. 

Resignation  of 
non-commis- 
sioned officers. 


Bands  for  regi- 
ments, battal- 
ions and  unat- 
tached compa- 
nies. 


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,  and 
all  officers  discharged  from  the  service  of  the  state  shall  be 
entitled  to  receive  a  certificate  of  such  discharge,  in  such 
form  as  the  commander-in-chief  shall  direct. 

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  ap- 
pointment, 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  appointed 
by  any  other  officer  than  the  commander-in-chief  shall 
expire  as  soon  as  the  successor  of  such  appointing  officer 
is  comniissioned.  Staff  officers  appointed  by  the  com- 
mander-in-chief shall  hold  their  offices  for  one  year  and 
mitil  their  successors  are  appointed  and  qualiiied ;  but 
may  be  removed  at  any  time  by  the  commander-in-chief. 

AVhen  a  staff  officer  is  continued  in  his  office  by  a  new 
appointing  officer,  he  shall  take  rank  according  to  the 
date  of  his  orisrinal  commission. 

Section  47.  Officers  under  arrest  shall  not  resign,  but 
shall  be  suspended  from  exercising  the  duties  of  office. 

Section  48.  Anon-commissioned  officer  or  clerk  of  a 
company  may  resign  his  office  to  the  commanding  officer 
of  his  company,  who  may  accept  such  resignation  ;  non- 
commissioned officers  of  companies  may  be  reduced  to  the 
ranks  by  order  of  the  commander  of  the  regiment  or  bat- 
talion, on  application  of  the  company  commander.  A 
company  commander  accepting  the  resignation  of  a  non- 
commissioned officer  shall  at  once  notify  the  commander 
of  his  regiment  or  battalion  of  the  acceptance  of  such 
resignation.  Non-commissioned  officers  of  cadet  corps 
may  be  reduced  to  the  ranks,  for  proper  cause,  by  the 
commanding  officer  of  such  cadet  corps. 

Section  49.  The  commander  of  a  regiment,  battalion, 
cadet  corps,  or  unattached  company,  may  raise  by  volun- 
tary enlistment,  and  Avarrant  and  organize,  to  be  under  his 
direction  and  command  at  encampments,  or  at  any  parade 
ordered  by  the  commander-in-chief,  a  band  of  musicians, 
not  to  exceed  eighteen,  inclusive  of  a  master  and  deputy- 
master.     The   master,    and   in   his   absence  the    deputy- 


1874.— Chapter  320.  271 

master,  shall  teach  and  command  the  band  and  issue  all 
orders  directed  by  such  commander.  Each  member  of  the 
band  shall  keep  himself  provided  with  such  uniform  as 
may  be  directed  by  the  commander-in-chief,  and  such 
instrument  as  the  commander  of  his  regiment,  battalion, 
cadet  corps  or  unattached  company  prescribes,  under  pen- 
alty for  each  neglect,  or  deficiency,  or  for  misconduct,  of 
dismissal  from  the  band  by  such  commander,  and  of  not 
less  than  ten  nor  more  than  twenty  dollars,  to  be  recovered 
on  complaint  by  the  adjutant  or  company  commander. 
Members  of  bands  need  not  be  mustered  in  as  provided 
for  enlisted  men,  unless  by  special  orders  of  the  com- 
mander-in-chief. 

Section  50.     The  adjutant-general  shall  distribute  all  Adjutant-gen. 

1  /•  j^i  T         •  1  •     /•  T        11  11-      eral  to  distribute 

orders   trom  the    commander-ni-chiet ;    attend   ail    ijublic  "ii  (^i-'itrs  from 

I  ,1  -I         •         I  •    <.       1     11  •  ji        the  commander- 

reviews    when    the   commander-m-chiei    shall  review    the  in-ciuef. 

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 
diiferent  returns  and  rolls  that  may  be  required,  and  ex- 
plain the  principles  on  which  they  should  be  made ;  pre- 
scribe forms  of  oath  for  muster-in  of  men ;  distribute  all 
books  required  to  he  furnished  at  the  public  expense ;  re- 
ceive from  the  several  officers  of  the  different  corps 
throughout  the  state  returns  of  the  militia  under  their 
command,  reportiug  the  actual  condition  of  their  uni- 
forms, arms,  accoutrements  and  ammunition,  their  delin- 
quencies and  every  other  thing  which  relates  to  the 
general  advancement  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  lay  the  same  annually  before  the  commander- 
in-chief;    and  he  shall  annually,  on  or  before   the  first  To  make  an 

-.  r        -,  •         -r  1  J  •         T        T       J  <»ii        annual  report  to 

Monday  in  January,  make  a  return  in  duplicate  of  the  the  commander 
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. 

Section  51.     The    quartermaster-general,    under    the  Quartermaster- 

°  general  to  pur- 


272  1874.— Chapter  320. 

chase  and  issue   clirectiou  aiicl  suijervision  of  the  commander-in-chief,  shall 

ordnance  stores  ,  i      •  ii  i  -n 

and  other  mill-    pm'chase  aucl   issiic  all    orduauce  stores,  artillery,   arms 

ary  property.     ^^^^  accoutremeiits,  clothiiig,  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  commauder-iu-chief,  procure  and  pro- 

To  be  keeper  of  vidc  meaus  of  trausport  for  the  militia,  and  for  all  its  im- 

azLes,  &c.'^'*^"  plements,  munitions  of  war  and  military  snpplies,  and 
shall  be  the  keeper  of  the  public  magazines  and  of  all  mili- 
tary property  of  the  Coramouwealth,  excepting  such  as  is 
by  law  expressly  intrusted  to  the  keeping  of  other  officers. 

To  give  bond,  jjg  shall  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  Com- 
monwealth shall  at  any  time  be  issued,  may  be  required 
to  give  a  bond  to  the  satisfaction  of  the  governor  and 
council,  with  the  like  condition. 

Surgeon.generai       SECTION  52.     The  surgeoii-geueral,  under  the  direction 

to  purchase  and  ,.  n      ^  i  •  ^   •     n        i      m 

issue  medical  and  supcrvisiou  of  the  commander-in-chief,  shall  purchase 
and  issue  all  medical,  surgical,  and  hospital  supplies,  and 
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 
days  thereof,  report  to  the  surgeon-general,  through  proper 
channels,  of  all  that  pertains  to  their  office  which  relates 
to  such  duty. 

Adjutant-gener-       Section  53.     The  adiutant-gcneral,  quartermaster-gen- 

al,  quarternias-  J  C>  ^     1  ^  o 

ter-generai  and    cral  aiid  sur2:eon-general  shall  account  as  often  as  may  be 

surgeon-general  -iiji  i         •  i-/>  ij.i         j. 

to  render  yearly  required    by  the   commander-iu-chiei,  and  at   least  once 
accounts.  yearly,  to  the  commander-in-chief,  in  such  manner  as  he 

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 


1874.— Chapter  320.  273 

accounts  with  vouchers  of  their  expenditures  during  the 
previous  year. 

Section.  54.     Neither   the   adjutant-general,    quarter-  Adiutant-gcner- 
master-general  or  surgeon-general,   nor  any  assistant  of  f,lu^ested'in*' ^'^ 
either  of  them,  nor  au}^  subordinate  officer  of  their  depart-  cie^foMVe^r '^''' 
ments,  shall  l)e  concerned,  directly  or  indirectly,  in  the  departments. 
purchase  or  sale  of  any  article  intended  for,  making  a  part 
of,  or  appertaining  to  their  respective  departments,  except 
for  and  on  account  of  the  Commonwealth,  nor  shall  they 
or  either  of  them  take  or  suppl}''  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. 

1         •         1  •    /•  •         ii         1    i-         •  ^  Ai        termaater-tren- 

mander-m-chier  may  require  the  duties  imposed  upon  the  era;  may  be 
quartermaster-general  by  this  act  to  be  performed  b}^  any  ^"iotheTmember 
member  of  his  statf,  who  shall  in  that  case  give  a  bond  to  of  staff. 
the  state  in  like  manner  as  isrequired  of  the  quartermaster- 
general. 

The  inspector-general,  or  some  assistant  inspector-gen-  Property  in 
eral  detailed  l)y  the   commander-in-chief,  shall   twice    in  to^be^iuspected 
each  year,  and  oftener  if  deemed  necessar}^  carefully  in-  ^i«"°*'*^'y- 
spect  all  the  state  property  in  the  possession  of  the  militia. 

Section  56.     All  commissioned  officers  shall  provide  officers  to  pro- 

,1  1  •,!  ^  T  J  1    J.  J.I.       vide  tliemselves 

themselves  with  such  uniforms  and  arms  complete  as  the  with  uniforms 
commander-in-chief  shall  prescribe,  subject  to  such  restric-  '^'^'^  ^'■'^^• 
tions,  limitations  and  alterations  as  he  may  order. 

Every  officer  shall  hold  his  uniform,  arms  and  accoutre- 
ments, required  by  law,  free  from  all  suits,  distresses,  ex- 
ecutions or  sales,  for  debt  or  payment  of  taxes. 

Section  57.  Every  company  of  cavalry,  artillery,  in-  companies  to  be 
fantry  and  corps  of  cadets,  duly  organized  under  the  militia  uniforms,  &c. 
laws  of  the  Commonwealth,  shall  be  furnished  at  the  ex- 
pense 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 
officer  of  such  companies  respectively,  approved  by  the 
regimental  or  battalion  commander ;  and  in  all  cases  of 
unattached  companies,  or  corps  of  cadets,  by  the  com- 
mander of  the  division  or  brigade  to  which  said  companies 
or  corps  are  attached.  The  non-commissioned  staff  officers 
shall,  in  like  manner,  be  supplied  upon  requisition  of  their 
respective  commanding  officers. 

35 


274 


1874.— Chapter  320. 


Uniform  to  be 
prescribed  by 
majority  of  offi- 
cers of  regi- 
ment, &c.,   sub- 
ject to  the  ap- 
proval of  tlio 
commander-in- 
chief. 


Quartermaster- 
general  may 
issue  great  coats 
to  enlisted  men. 


Condemned 
public  property 
may  be  sold. 


Section  58.  Whenever  a  majority  of  the  commissioned 
field,  stati',  and  line  officers  of  a  regiment,  battalion,  or  the 
majority  of  the  commissioned  officers  of  a  cadet  corps,  or 
nnattached  company,  at  a  meeting  called  for  that  pnrpose 
shall  prescribe  a  uniform  for  their  commands  and  make 
return  of  their  doings  in  writing  to  the  acljutant-general,. 
and  the  same  shall  have  been  approved  by  the  commander- 
in-chief,  it  shall  become  and  remain  the  established  uniform 
of  the  regiment,  battalion,  cadet  corps  or  company.  Upon 
the  ajDproval  of  such  prescribed  uniform  by  the  commander- 
in-chief,  a  board,  to  consist  of  one  member  of  the  executive 
council,  to  be  designated  by  the  governor,  the  quarter- 
master-general, and  the  commanding  officer  of  the  regi- 
ment, battalion,  cadet  corps  or  unattached  company  for 
which  such  uniforms  are  to  be  provided,  shall  be  authorized 
to  make  contracts  for  the  furnishing  of  such  uniforms,  in  a 
sum  not  to  exceed  forty  dollars  for  each  and  every  uni- 
form ;  the  contracts  to  be  subject  to  the  approval  of  the 
governor  and  council.  The  accounts  for  the  payment  of 
such  uniforms  shall  bear  the  approval  of  at  least  a  majority 
of  the  board,  and  shall  be  presented  to  the  auditor  by  the 
quartermaster-general,  for  allowance,  in  the  usual  manner 
of  accounts  against  the  state. 

The  quartermaster-general,  under  the  direction  of  the 
commander-in-chief,  is  authorized  to  issue  to  the  enlisted 
men  of  the  militia,  great  coats  of  regulation  pattern.  He 
may  also  allow  proper  accounts,  annually,  for  the  repairs 
of  uniforms  and  equipments.  The  assistant  inspector-gen- 
eral and  assistant  quartermaster  of  divisions,  for  commands 
attached  only  to  such  divisions,  and  the  assistant  inspector- 
general  and  assistant  quartermaster  of  brigades  for  regi- 
ments, battalions,  and  companies  attached  to  such  brigades, 
shall  constitute  boards  for  inspecting  and  condemning,  from 
time  to  time,  the  pul)lic  property  which  may  become  unfit 
for  service  in  their  several  commands.  The  commander- 
in-chief  shall  order  the  inspection  of  public  property,  with 
a  view  to  its  condemnation  by  such  boards,  and  the  report 
of  such  boards  shall  be  subject  to  the  approval  of  the 
respective  division  and  brigade  commanders,  and  the  com- 
mander-in-chief. 

All  such  condemned  public  property  may  be  sold  by  the 
quartermaster-general  under  the  direction  of  the  governor 
and  council,  and  the  proceeds  paid  into  the  treasury  of  the 
Commonwealth,  or  applied  to  the  purchase  of  other  public 


1874.— Chaptee  320.  275 

property  for  the  use  of  the  militia,  as  the  governor  and 
council  may  direct.  The  inspector-general,  and  any  other 
officer  designated  by  the  commander-in-chief,  shall  inspect 
and  condemn  the  public  property  which  has  or  may  become 
unfit  for  use  in  all  commands  unattached  to  divisions, 
brigades,  regiments  or  battalions. 

A  cap  or  hat,  coat  with  epaulets  or  shoulder-knots,  and 
a  pair  of  pantaloons  shall  constitute  the  uniform  within 
the  meaning  of  this  section. 

Section  59.     No  new  uniforms  or  equipments   shall  be  uniforms  not  to 

T    ■■  /.,  .  ,  .be  issued  until 

issued  hereatter  to  any  company,  except  new  orgamza-  those  in  use  arc- 
lions  or  to  recruits,  till  those  in  use  are  condemned,  as  "o'l^^emned. 
provided  in  the  preceding  section. 

Section  60.     The  uniforms,  arms  and  equipments  so  uniforms,  &c., 
furnished  shall  remain  and  continue  to  be  the  property  of  the  property  of 
the  Commonwealth,  to  be  used  for  military  purposes  only  ;  *J,'eiUth™"'°"' 
and  such  as  shall  not  have  been  properly  expended  in  such 
use,  shall  be  returned,  when  called  for  by  proper  author- 
ity ;  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. 
The  members  of  any  command  may  add  such  sums  as  they 
see  fit  to  the  amount  allowed  by  law  for  the  purchase  of 
uniforms,  but  the  payment  of  such  sums  shall  in  no  way 
afiect  the  right  and  title  of  the  state  to  such  uniforms. 

Section  61.     Any  militia  company  which  has  been  uni-  uniforms  to  be 

••  /.11  1  11  -I   tinned  over  to 

formed  under  the  provisions  of  chapter  three  hundred  and  the  resrimontai 
thirty -two  of  the  acts  of  the  year  one  thousand  eight  bun-  wiiencompany 
dred  and  sixty-nine,  or  which  may  he  uniformed  under  '"  '^'^'^-"'f^''^^- 
this  act,  and  which  shall  hereafter  be  disbanded,  shall  turn 
its  uniforms  over  to  the  quartermaster  of  the  regiment  or 
battalion  to  which  the  disbanded  company  is  attached ; 
such  uniforms  to  be  held  by  the  quartermaster,  subject  to 
the  direction  of  the   quartermaster-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 ;  and  in  all  cases 
of  disbandmeiit    of    unattached    companies,    or    corps    of 
cadets,  their  uniforms  shall  be  turned  over  to  the  quarter- 
master-general, to  be    subject  to  his  direction  as  herein 
indicated. 

Regiments,  battalions,  cadet  corps,  or  companies,  may  Regiments,  &<.., 
however,  adopt  any  other  uniform  than  that  prescribed  in  "therl^nSorm^at 


276 


1874.— Chaptee  320. 


their  own  ex- 
pense, with  the 
approviil  of  the 
commander-in- 
chief. 


Schecliile  of  arti- 
cles required  to 
he  furnished  hy 
the  officer  mail- 
ing the  requi- 
sition. 


Receipt  to  be 
given  hy  officer 
upon  delivery 
of  arms,  &c. 


Military  prop- 
erty furnished 
by  "the  state  to 
be  deposited  in 
armories. 


All  articles 
received  for  use 
to  be  returned 
to  the  armory 
within  three 
days  after  tour 
of  duty. 


section  fifty-eight,  if  they  see  fit,  but  at  their  own  ex- 
pense ;  such  uniforms  shall  he  approved  by  a  majority  of 
the  commissioned  ofiicers  of  such  organizations  and  by  the 
commander-in-chief,  but  such  uniforms  shall  not  be  Avorn 
by  troops  on  duty,  by  order  of  the  commander-in-chief,  or 
at  any  other  time  except  by  his  permission. 

Section  62.  Every  commandiug  officer  of  a  company, 
npon  making  a  requisition  upon  the  quartermaster-general 
or  other  officer  charged  with  the  custody  of  the  military 
property  of  the  Commonwealth,  for  the  uniforms,  arms 
and  equipments  required  for  the  use  of  his  company,  shall 
furnish  to  the  officer  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  com- 
pany shall  have  at  least  forty-eight  officers,  non-commis- 
sioned officers  and  privates  actually  belonging  thereto,  and 
duly  enrolled  and  mustered  for  the  performance  of  active 
duty. 

Section  63.  Upon  delivery  of  uniforms,  arms  and 
equipments,  the  officer  receiving  the  same  shall  receipt 
therefor  in  duplicate,  in  manner  following,  to  wit: — 

"  I,  A  B  (rank),  of  company  ,  of  the 

regiment,  brigade,  division  (or  unattached  com- 

pany, as  the  case  may  he),  of  the  militia  of  Massachusetts,  do  hereby 
acknowledge  that  I  have  received  of  C  D  (adjutant-general,  quarter- 
master-general or  ordnance  officer,  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  performance  of  military  duty  in 
confoi'inity  with  the  laws  of  this  Commonwealth,  and  for  no  other 
purpose." 

Section  64.  All  arms,  equipments  and  military  prop- 
erty of  every  description,  which  shall  be  furnished  to  the 
several  commands  under  the  provisions  of  this  act,  shall 
be  deposited  in  the  armories  or  headquarters  of  said  com- 
mands respectively,  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  posses- 
sion of  any  article  of  such  property   by  the  person  to 


1874.— Chapter  320.  277 

whom  it  was  issued,  not  being  in  the  armoiT  or  designated 
place  of  deposit,  shall  be  deemed  and  taken  to  be  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-two. 

Section  6(i.     Every  officer,  non-commissioned   officer  Every  officer 

1         1  T  J  1  ' n  ii  i.-    1         /:•         •^•i.  and  soldier  held 

and  soldier,  to  whom  a  unitorm  or  other  article  ot  militaiy  personally  re- 
property  shall  be  delivered,  in  pursuance  of  the  provisions  arucks  o/prop. 
of  this   act,  shall  be  held  personally  responsible  for  its  ertydeiivered to 
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  written 
demand  of  his  commanding  officer,  shall  forthwith  surren- 
der and  deliver  up  the   said  uniform,  together  with  all 
other  articles  of  military  property  that  may  be  in  his  pos- 
session, to  the  said  commanding  officer,  in  as  good  order 
and  condition  as  the  same  were  at  the  time  he  received  the 
same,  reasonable  use  and  ordinary  wear  thereof  excepted. 

Section  67.     Whoever   shall    wilfully  or   maliciously  Penalty  for  wii- 
destroy,  injure  or  deface  any  uniform  or  other  article  of  miiftary'prol- 
military  property   belonging   to   the    Commonwealth,    or  eny  of  the  state. 
shall  retain  any  property  in  violation  of  the  provisions  of 
the  preceding  section,  shall   be    punished  by  a  fine  not 
exceedinof  double  the  amount  of  the  value  of  such  uniform 
or   other   property    so    injured,    destroyed,    defaced    or 
retained,  to  be  recovered  on  complaint  of  the  commander 
of  the    comimny  to   which    such  delinquent   belongs,   as 
provided  in  section  one  hundred  and  sixty-two  ;  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.     Whoever    uses    or   wears,  except   upon  uniforms,  &c., 
public  parades  or  by  special  permission  of  his  command-  except^ifpon'^'^ 
ing   officer,    any    uniform    or   other    article    of    military  P'^iaJes. 
property,    belonging    to    the    Commonwealth,    shall    be 
punished  by  a  fine  not  exceeding  twenty  dollars  for  every  penalty. 
such  ofifence,  to  be  recovered  in  manner  referred  to  in  the 
preceding  section. 

Section  69.     Any  officer  receiving  public  property  for  officer  not  to  be 
military   use,    shall   be    accountable    for   the    articles    so  changed unm "he 
received  by  him,  and  shall  not  be  honorably  discharged  forairar^lciei 
from  the  service  until  he  has  returned  to  the  adjutant-  received  by  him. 
general  a  receipt  from  his  successor  in  command,  or  a 


278 


1874.— Chaptee  320. 


Camp  equipage 
and  ammunition 
to  be  furnished 
by  the  state. 


Colors  for  regi- 
ments, bat- 
talions, &c. 


Miisical  instru- 
ments. 


proper  accounting  officer,  for  the  articles  issued  to  him,  in 
ofood  order  and  condition,  reasonable  use  and  wear  thereof 
excepted,  or  shown  to  the  adjutant-general  by  satisfactory 
proof,  that  any  article  not  so  accounted  has  been  properly 
expended  in  the  service,  or  defaced,  injured,  lost  or 
destroyed,  without  any  default  or  neglect  on  his  part ; 
and  if  lost  or  wilfully  defaced  or  destroyed  through  the 
misconduct  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 
Commonwealth  all  such  property  so  defaced,  injured, 
destroyed  or  lost  by  any  neglect  or  default  on  his  part, 
and  for  the  recovery  of  which  he  has  made  no  reasonable 
eflbrt,  to  be  recovered  in  an  action  of  tort,  to  be  instituted 
l)y  the  judge-advocate  of  his  division,  or  the  judge- 
advocate-general,  as  the  case  may  be,  by  order  of  the 
adjutant-general,  in  the  name   of  the  Commonwealth. 

Section  70.  Whenever  any  corps  or  detachment  of 
the  militia  is  ordered  to  perform  any  duty  requiring  the 
use  thereof,  the  quartermaster-general  shall  deliver  to  the 
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 
quartermaster-general,  when  the  duty  shall  have  been 
performed  for  which  the  same  was  issued,  together  with  a 
correct  list  of  tlie  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. 

Section  71.  Each  regiment,  battalion,  corps  of  cadets 
or  unattached  company  shall  be  furnished  by  the  state 
with  the  national  and  state  colors,  their  staffs,  belts  and 
sockets,  and  the  commander  of  such  regiment,  battalion, 
cadet  corps  or  unattached  company  shall  be  responsible 
for  their  safe  keeping. 

Section  72.  Each  company  of  militia  shall  be  furnished 
with  such  instruments  of  music  as  the  commander-in-chief 
shall  order. 


187,1:.— Chapter  320.  279 

Section  73.     Each  commander  of  a  brigade  may  make  oommanders  of 
requisitions    upon    the    quartermaster-general,    or    officer  make  requYsi. 
acting  as  such,  in  favor  of  the  commanders  of  regiments,  ami  instruments 
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. 

Section  74.     Each   company   or  cadet    corps  of    the  companies  to  be 
volunteer  militia,  on  application  of  the  commander  thereof  ar^'^and  ^ufp. 
to  the  adjutaut-general,  and  producing  satisfactory  evi-  Inory'hlsb^en" 
dence   that   a   suitable    armory    or   place    of   deposit    is  provided. 
provided  therefor,  agreeably  to  section  eighty-three,  shall 
be  furnished  with  such  appropriate  arms  and  equipments 
as  shall  be  determined  by  the  commander-in-chief. 

Section  75.     It  shall  be  the  duty  of  the  commissioned  ^^"^^.■ctesf"'" 
officers  of  every  reo;iment,  battalion,  cadet  corps  or  com-  care  of  property 

»/  o  '  ^  JL  furiiislit'd,  to 

pany  of  the  volunteer  militia  respectively  to  exercise  the  their compames. 
strictest  care  and  vigilance  for  the  preservation  of  the 
uniforms,  arms,  equipments  and  military  property 
furnished  to  their  several  commands  under  the  provisions 
of  this  act ;  and  in  case  of  any  loss  thereof  or  damage 
thereto,  by  reason  of  the  wilful  neglect  or  default  of  such 
officers,  or  either  of  them,  to  exercise  such  care  and 
vigilance,  he  or  they  shall  be  held  to  make  compensation 
therefor,  to  be  recovered  by  an  action  of  contract  brought 
b}^  the  quartermaster -general  against  all  or  any  of  such 
officers ;  which  action  it  shall  be  the  duty  of  the  judge- 
advocate-general,  at  the  request  of  the  ciuartermaster- 
general,  to  bring. 

Section  76.     In  case  of  the  discharge  or  death  of  an  Relieved  tvom 
officer,  he  or  his  legal  representative  shall  be  relieved  from  ujfon  accounting 
responsibility  for  the  safe-keeping,  preservation  and  return  ^o'' P'^P'^'^'y- 
of  the  military  property  furnished  to  and  in  the  possession 
of  such  officer  by  provisions  of  law,  upon  complying  with 
the  provisions  of  law  relating  to  the  accounting  for  public 
military  property. 

Section  77.     Upon   the   disbaudment   of  a   volunteer  when  company 
regiment,  battalion,  cadet  corps   or  company  which  has  offioorfre:fpon. 
received  uniforms,  arms,  equipments  or  equipage  from  the  yf'property!'™ 
quartermaster-general,  in  accordance  with  the  provisions 
of  this  act,  the  commissioned  officers  of  such  regiment, 
battalion,  cadet  corps  or  company  shall  be  responsible  for 
the    safe    return    to    the   custody    of    the    quartermaster- 
general  of  all  public  property  in  possession  of  said  regi- 


280 


1874.— Chapter  320. 


Artillery  to  be 
furnished  as 
prescribed  by 
U.  S.  war  de- 
partment. 


Charges  for 
horses,  &c., 
■when  company 
is  ordered  out 
for  duty. 


Books  of  tactics 
and  army  regu- 
lations. 


Military  stores 
may  be  sold  ot 
exchaiiecd. 


Arsenal  to  be 
visited  by  com- 
mittee of  the 
legislature. 


ment,  battalion,  cadet  corps  or  company  ;  and  for  any  loss 
or  damage  thereto  compensation  may  be  obtained  in  man- 
ner provided  in  section  seventy-tive. 

Section  78.  Each  .company  of  artillery  shall  be  pro- 
vided by  the  quartermaster  general  with  the  battery  of 
manoeuvre  prescribed  for  that  arm  by  the  war  department 
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 gunnery.  The  commissioned  ofiicers  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  otiicer  of  such  company, 
when  it  is  ordered  to  march  out  of  the  city  or  town  where 
the  gun-house  is  situated,  and  on  occasions  of  parade  for 
experimental  gunnery  or  camp  duty,  shall  provide  horses 
to  draw  the  field-pieces  and  caissons,  and  present  his 
account  of  the  expense  thereof,  as  provided  in  section  one 
hundred  and  thirty-six.  On  all  other  occasions,  when 
ordered  out  by  an  officer  of  competent  authority  for  camp 
or  salute  duty,  the  charges  for  horses,  powder  and  neces- 
sary expenses,  shall  be  defrayed  b}^  the  quartermaster- 
general. 

Section  80.  The  commissioned  and  non-commissioned 
ofiicers  of  the  volunteer  militia  shall  be  furnished  with  such 
books  of  instruction  in  tactics  and  arm}'-  regulations  as  the 
commander-in-chief  shall  deem  expedient,  w'hich  books 
shall  continue  to  be  the  property  of  the  Commonwealth, 
and  shall  be  carefully  kept  and  delivered  by  such  commis- 
sioned and  non-commissioned  officers  to  their  successors. 

Section  81.  The  commander-in-chief,  with  the  advice 
and  consent  of  the  council,  may  sell  or  exchange,  from 
time  to  time,  such  military  stores  belonging  to  the  quarter- 
master-general's department  as  are  found  unserviceable  or 
in  a  state  of  deca}',  or  which  they  think  it  for  the  interest 
of  the  state  to  sell  or  exchange. 

Section  82.  The  committee  of  the  legislature  on  the 
militia  shall  annually  visit  the  arsenal  or  state  camp- 
ground and  storehouses,  and  make  a  thorough  examination 
into  the  condition  of  the  same,  of  the  arms  and  munitions 


1874.— Chapter  320.  281 

of  Wear  and  other  property  of  the  state  or  general  govern- 
ment deposited  there,  and  report  the  condition  of  the 
arsenal  and  property  to  the  legishiture  for  that  year. 

Section  83.  The  mayor  and  aldermen  and  selectmen  Armories  to  be 
shall  provide  for  each  company  and  cadet  corps  of  the  cfuMaudto^wns. 
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  mili- 
tary proper t}^  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  to  their  respective  cities  and  towns.  They  shall  ^atfauonhlrd*^ 
also  provide  for  the  headquarters,  located  within  their  qwarters  to  be 
limits,  of  each  division,  brigade,  regiment  or  battalion,  a  ^^^^"^  "' 
suitable  room  for  the  keeping  of  books,  the  transaction  of 
business  and  the  instruction  of  officers.  Cities  and  towns 
in  which  companies  of  militia,  cadet  corps,  or  headquarters 
of  divisions,  brigades,  regiments  or  battalions  are  located, 
are  hereby  authorized  to  raise  money,  by  taxation  or 
otherwise,  for  the  purpose  of  erecting  suitable  buildings 
for  the  armories  of  such  companies,  corps  of  cadets,  or  the 
headquarters  of  such  divisions,  brigades,  regiments  or 
battalions.  When  a  company  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  compau}-  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  line  of  two  hundred  dollars,  to  be  recovered,  on  com- 
plaint, by  the  adjutant-general. 

Section  84.     The  mayor  and  aldermen  of  cities  and  Amount  paid 
selectmen  of  towns  shall  annually,  in  October  or  Novem-  tie  cenifled  to° 
ber,  transmit  to  the  office  of  the  adjutant-general  a  certifi-  genemi"**"^ 
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  division,  brigade,  regiment, 
battalion  or  cadet  corps  furnished  with  headquarters,  the 
amount  paid  for  the  rent  thereof,  and  that  the  rent  charged 
therefor  is  fair  and  reasonable,  according  to  the  value  of 
real  estate  in  their  place. 

Section  85.     The  adjutant-general  shall  annually  ex-  ciaims  for  rent 
amine  all  certificates  so  returned  to  his  office,  institute  any  and  paw.'  ^ 

36 


282 


1874.— Chapter  320. 


inquiries  he  deems  expedient  relative  thereto,  and  allow 
them  in  whole  or  in  part,  to  an  amount  not  exceeding  six 
hundred  dollars  for  one  corps  of  cadets,  company  of 
infantry,  artillery,  or  cavalry,  and  not  exceeding  three  hun- 
dred dollars  for  each  division,  brigade,  regimental  or 
battalion  headquarters.  He  shall,  Avithin  ten  days  after 
such  examination,  file  in  the  office  of  the  auditor  his  certifi- 
cate, 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,  alder- 
men 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- 
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  exceeding 
four  times  the  amount  of  money  so  received. 

Section  87.  The  commander-in-chi<ef  may  at  any  time 
'Jx'iuiiiaed  aTaiiy  detail  au  ofliccr  to  examine  any  armory  and  report  the 
condition  thereof,  and  of  the  arms,  equipments  and  equi- 
page therein  deposited. 

Section  88.  Orders  from  the  commander-in-chief  shall 
be  distributed  by  the  adjutant-general ;  division  orders  and 
brigade  orders  by  their  respective  assistant  adjutants-gen- 
eral, 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,  regimental  and  battal- 
ion orders  ma}^  in  cases  of  emergency,  be  transmitted  by 
telegraph ;  and  all  such  orders  so  transmitted  shall  be 
deemed  to  have  been  legally  transmitted  within  the  mean- 
ing of  this  act.  When  any  such  order  shall  be  transmitted 
by  telegraph,  a  copy  thereof  shall  be  immediately  for- 
warded by  mail. 

Section  89.  When  a  commander  orders  out  his  com- 
pany for  military  duty,  or  for  election  of  officers,  he  shall 
issue  orders,  giving  the  time  and  place  for  the  appearance 
of  the  members  of  the  company  for  such  military  duty  or 
election  of  officers,  and  notifying  the  men  belonging  to  the 
company  to  appear  at  the  time  and  place  appointed.  He 
may  direct  the  orders  to  be  delivered  to  the  members  by 
one  or  more  of  the  enlisted  men  of  the  company,  and  if 
any  such  enlisted  man  or  men  fail  to  deliver  the  orders  as 


Penalty  for  false 
certificate. 


Armory  and 
arms  may  be 


Distribution  of 
orders. 


Notification  of 
members  of 
companies  or- 
dered out  for 
duty. 


1874.— Chaptek  320.  283 

required,  be  or  they  shall  forfeit  not  less  than  twenty  nor 
more  than  one  hundred  dollars,  to  be  recovered  on  com- 
plaint of  the  commander  of  the  company,  as  provided  by 
law. 

Section  90.  No  notice  shall  be  legal,  unless  given  to  Notice  to  be 
each  man  verbally,  or  by  delivering  to  him  in  person,  or  flYeft'atusuai 
leaving  at  his  usual  place  of  abode,  the  written  or  printed  place  of  abode. 
vjrder,  as  required  in  section  eighty-nine,  signed  by  the 
company  commander  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.  AVhen  a 
company  is  paraded,  the  commanding  oiEcer  may  verbally 
notify  the  men  to  appear  at  a  future  day,  not  exceeding- 
thirty  da3'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,  rciid  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  commissioned  Notification  of 
officers,  the  commander  of  the  regiment  or  battalion  to  om  comm}s. 
which  it  belongs,  or  the  officer  detailed  by  him  to  disci-  "°"'^ 
pline  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-commissioned 
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  cierksofcom- 

Tiii  T  ij^'/^i*  ij  1     panies  to  record 

orderly  book,  company  orders  and  notincations ;  but  such  orders,  &c. 
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  sj^stem  of  discipline  and  field-exer- system  of  dis- 
cise  ordered  to  be  observed  by  the  army  of  the  United  '^'p^'"®- 
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. 

Section  94.     The   volunteer   militia   shall   parade    by  Annual  parade 

,  4-1  •  11  11  il        1     ^   for  inspection  on 

companies,  unless  otherwise  ordered,  annually,  on  the  last  the  last  wednes- 


284 


1874.— Chapter  320. 


camp-ground. 


DecomfonDa'y.  Wednesday  in  'Slay,  for  inspection,  company-drill  and 
manoeuvre,  and  also  for  target-practice,  and  for  this  purpose 
the  quartermaster-general  is  hereby  authorized  to  issue, 
upon  the  requisition  of  the  commanding  officers  of  com- 
panies respectively  the  necessary  ammunition.  The  com- 
mander-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, 
battalions,  regiments  or  parts  of  regiments,  as  he  may 
deem  expedient,  or  as  may  be  directed  by  the  command- 
ing officers  of  the  respective  divisions,  brigades,  regi- 
ments or  battalions ;  and  he  may  by  general  orders 
authorize  regimental  and  battalion  commanders,  in  their 
discretion,  to  order  the  May  parade  on  Decoration  Day, 

Target  practice  SO  Called.  For  the  benefits  to  be  derived  from  the 
accommodations  which  may  be  provided  at  the  state  camp- 
ground for  target-practice,  the  quartermaster-general  is 
hereby  authorized  to  allow,  once  each  year,  to  the  officers 
and  enlisted  men  of  the  militia,  a  sum  not  to  exceed  two 
and  one-half  cents  per  mile  for  travel  to  and  from  the 
state  camp-ground,  the  distance  to  be  computed  as  pro- 
vided in  section  one  hundred  and  twenty-seven ;  payment 
for  such  travel  to  be  made  upon  rolls  furnished  by  the 
adjutant-general.  For  target-practice  upon  such  occasions 
the  quartermaster-general  is  authorized  to  issue  a  reason- 
able amount  of  ammunition. 

The  quartermaster-general  is  authorized  to  receive  into 
the  arsenal  at  the  state  camp-ground,  such  articles  of 
personal  property,  used  for  military  camping  purposes,  as 
may  be  desired,  from  the  several  organizations  of  the 
militia.  These  articles  shall  be  received  and  delivered  at 
the  expense  of  the  owners  thereof,  and  be  held  at  such 
owners'  risk. 

Sectiox  95.  The  commanding  officer  of  every  regiment, 
battalion,  corps  of  cadets  or  detached  company  may  order 
out  the  commissioned  and  non-commissioned  officers  and 
musicians  under  his  command,  for  elementary  drill,  two 
separate  days,  between  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  com- 
manding officer  of  such  company  to  detail  from  the  enlisted 
men  under  his  command  a  number  sufficient  to  make  up 


EU-mentary 
drill. 


1874.— Chapter  320.  285 

the  complement  of  commissioned  and  non-commissioned 
pfBcers'to  which  by  law  his  company  is  entitled. 

And  each  person  so  ordering  and  so  ordered,  that  shall  compensation. 
attend  any  snch  drill,  shall  receive  for  his  service  the  sum 
of  two  dollars. 

Section    96.      The  amount  to  which  each  person  is  Amount  of  com- 
eutitled  as  aforesaid,  shall  be  certified  to  the  adjutant-  certmt"d'to°he^ 
general,  in  such  form  as  he  shall  prescribe,  under  oath,  under "Ifh.""^' 
and  the  same  shall  be  paid  in  the  manner  prescribed  in 
section   one  hundred  and  twenty-seven  for  payment  for 
camp  duty. 

Section  97.     The  commander  of  any  res-iment  or  bat-  companies  of 

.    ,.  ,  .  1  J      1        -ji  •  T  ^  J.1  regiment  located 

talion,  whose  companies  are  located  within  a  radius  oi  tnree  wiiwu  radius  of 
miles,  is  authorized  to  assemble  said  companies  or  the  officers  be'ordered^or'^ 
thereof,  for  evening  drill,  instruction,  inspection  or  other  ^^^"-'"gtinii, 
business,  at  such  times  as  he  may  judge  best  for  the  pro- 
motion of  discipline  in  his  command ;  and  commanders  of 
all  brigades,  regiments,  battalions  or  detached  companies 
are  authorized  to  order  inspections  whenever  the  good  of 
the  service  demands,  and  company  commanders  shall  order 
evening  drills  once  in  two  months.     Neglect  on  the  part 
of  subordinate  officers  or  enlisted  men  to  appear  at  such 
inspections  or  drills  shall  be  punishable  as  for  disobedience 
of  orders. 

Section  98.     Unless  the  commander-in-chief  prescribes  Encampments 
the  time,  place  and  manner  of  assembling  the  troops  for  orreghne^fs^  ^^ 
the  purposes  declared  in  this  section,  each  commander  of  oTdered'by  wm! 
division  shall  annually  order  an  encampment  af  his  divis-  ma»der-iu-chief. 
ion,  by  brigades  or  regiments,  at  some  time   during  the 
months  of  July,  August  or  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  cla^s  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  the  time  of  peace  without  the  consent  of 
the  selectmen  of  the  town,  or  mayor  and  aldermen  of  the 
city,  where  the  encampment  is  to  Ije  made,  unless  by  order 
of  the  commander-in-chief;  such  ground  to  be  paid  for  by 


286 


1874.— Chapter  320. 


All  encamp- 
ments less  than 
by  division  to  be 
held  at  the  state 
camp-ground. 


Parade  of  more 
than  a  brigade. 


Encampment  to 
last  five  da3-8. 


Company  and 
band  roll-call. 


Sworn  pay-roll 
to  be  furnished 
daily. 


Muster-rolls  to 
be  sworn  to. 


the  state  on  contracts  to  be  approved  by  the  adjutant- 
a:eneral. 

All  encampments  less  than  division  encampments,  shall 
be  held  upon  the  state  camp-ground,  unless  otherwise 
directed  by  the  commander-in-chief;  said  state  camp- 
ground shall  be  under  the  care  and  control  of  the  adju- 
tant-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  proper  care  of 
the  arsenal  and  state  property  at  Cambridge,  shall  be  pro- 
vided for  in  the  annual  appropriation  for  quartermasters' 
supplies. 

Section  99.  No  larger  body  than  a  brigade  shall  be 
ordered  to  parade  at  the  same  time  and  place  except  by 
order  of  the  commander-in-chief. 

Section  100.  Each  encampment  shall  last  five  days, 
and  the  troops  shall  be  inspected,  reviewed  and  thoroughly 
exercised,  as  companies,  battalions  or  brigades,  in  the 
whole  routine  of  camp  and  field  duty. 

Section  101.  Each  cadet  corps,  company  and  band 
roll-call  shall  be  made  during  the  term  of  encampment 
under  the  supervision  and  in  the  presence  of  a  commis- 
sioned officer  or  band-master  thereof;  and  the  company 
commanders  and  baud-masters  shall  provide  the  mustering 
officer  with  a  sworn  muster  and  pay  roll,  showing  the 
names  of  all  the  ofiicers  and  men  belonging  to  the  com- 
pany or  band ;  also  the  number  of  officers  and  men  ac- 
tually on  duty  each  day  in  their  respective  commands  ; 
and  on  each  day,  immediately  before  or  after  the  usual 
hour  of  evening  dress-parade,  each  company  shall  be  mus- 
tered in  the  manner  prescribed  in  the  tactics  adopted  for 
the  use  of  the  militia,  by  the  mustering  officer  of  the 
regiment  or  battalion  to  which  such  company  or  band 
belongs,  or  by  a  field  or  staff  officer  detailed  by  such  regi- 
mental or  battalion  commander ;  and  unattached  compa- 
nies, with  their  bands,  shall  be  mustered  by  the  mustering 
officer  of  the  division  or  brigade  to  which  such  companies 
are  attached,  or  by  an  officer  detailed  for  the  purpose  by 
such  division  or  brigade  commander.  The  muster  and 
pay  rolls  as  herein  required  shall  be  sworn  to  each  day 
before  a  justice  of  the  peace,  or  a  field  or  staff  officer,  by 
the  commanding  officer  of  the  company  or  band-master 
and  the  officer  mustering  the  same.  Mustering  officers 
shall  prepare  muster  and  pay  rolls  showing  the  names  of 


1874.— Chapter  320.  287 

the  general,  field,  commissioned  and  non-commissioned 
staff  officers  of  their  several  commands  ;  also  the  number 
of  such  commissioned  and  non-commissioned  officers  pres- 
ent each  day  at  camp  or  on  other  duty ;  and  these  rolls 
shall  be  certified  to  by  the  respective  commanding  officers. 
The  corps  of  cadets  shall  be  mustered  as  herein  prescribed  Cadets. 
by  the  mustering  officer  of  such  corps,  or  by  an  officer 
detailed  for  the  purpose  by  such  corps  commander,  upon 
muster  and  pay  rolls,  which  shall  be  signed  and  sworn  to 
b}^  the  officer  mustering  the  corps,  and  certified  to  by  the 
corps  commander.  The  same  method  of  muster  shall  be 
followed  by  such  corps  for  May  inspection  and  elementary 
drill. 

Whenever  troops  are  ordered  for  special  duty  the  com-  special  duty. 
mandiug  officer  of  such  troops  shall  cause  to  be  made 
muster  and  pay  rolls  for  each  day's  duty  as  herein  pro- 
vided, and  such  troops  shall  be  mustered  by  such  com- 
manding officer,  or  by  an  officer  serving  with  him  detailed 
for  the  purpose.  All  muster  and  pay  rolls,  for  whatever 
duty  required  of  the  militia,  shall  show  the  absence  from 
his  command  of  any  commissioned  officer  or  enlisted  man, 
with  the  cause  and  authority  of  such  absence,  and,  unless 
otherwise  ordered  by  the  commander-in-chief,  shall  be 
forwarded  direct  to  the  adjutant-general  by  the  command- 
ing officers  of  the  respective  commands  with  the  least  pos- 
sible delay.  For  the  duty  required  at  May  inspection,  May  inspection. 
when  performed  by  regiments  and  battalions  as  such,  and 
also  for  duty  at  elementary  drills,  the  same  method  of 
muster  shall  be  pursued  as  herein  provided  for  encamp- 
ments. When  the  duty  at  May  inspection  is  performed 
by  companies,  the  officer  in  command  of  each  company 
shall  prepare  the  muster  and  pay  rolls  as  herein  provided, 
which  rolls  shall  be  sworn  to  by  the  officer  mustering  the 
company  for  such  duty.  Muster  and  pay  rolls  for  com- 
panies attached  to  divisions  and  brigades  and  not  to  regi- 
ments or  battalions,  for  May  inspection  and  elementary 
drill,  shall  be  prepared  by  the  officer  in  command  of  such 
companies  as  herein  provided  ;  such  rolls  for  May  inspec- 
tion to  be  sworn  to  by  the  officer  making  the  inspection. 
For  such  companies  at  elementary  drill  the  commanding  Elementary 
officer  shall  make  oath  to  the  roll. 

Section  102.     When  a  company  without  commissioned  ^^^a^Hed'^tocom 
officers  parades  with  other  troops,  the  officer  in  command  maud  company 

,,,,f,,  ••i/r»  J.J.      without  oflicers. 

shall  detail  one  or  more  commissioned  officers  present  to 


288  1874.— Chapter  320. 

command  it,  unless  the  oiEcer  detailed  by  the  commander 
of  the  regiment  to  command  it  is  present. 
f^ectorf'luerai      SECTION  103.     The  assistant  inspectors-general   under 
to  attend  eu-       tlic   ordcrs  of  their  rcspective  commanding  officers,  shall 
sp^t'anL,  ami  attend  the  annual  encampments  of  the  regiments  and  bat- 
Iiaa°u.geu«°ar.'^'  talious  iu  their  brigades  Avhile  encamped  separately,  and, 
while  they  are  under  arms,  inspect  their  arms,  uniforms, 
ammunition  and  accoutrements,  and  shall  make  report  to 
the  adjutant-general  at  the  close  of  the  tour  of  duty,  such 
reports  being  made  through  proper  channels  and  consoli- 
dated by  superior  commands. 
^'''ill"i^r"/P '°      Section  104.     By  permission    of  the   officer  in  chief 
form.  command,  and  of  their  own  immediate  superiors,  officers, 

privates  and  musicians  may  drill  and  manoeuvre  in  camp 
in  undress  uniform  or  fatigue  dress,  and  mounted  officers 
may  discharge  their  duties  on  foot. 
Bounds  of  {Section  105.     Every    commanding    officer,    when   on 

tixe'dbycom.  duty,  may  ascertain  and  fix  necessary  bounds  and  limits 
mandiug  officer.  ^^  j^j^  paraclc  or  eucampmeut  (not  including  a  road  so  as 
to  prevent  passing),  within  which  no  spectator  shall  enter 
Punishment  for  without  Icavc  fi'om  such  Commanding  officer.  Whoever 
intrusion.  intrudcs  within  the  limits  of  the  parade  or  encampment, 

after  being  forbidden,  may  be  confined  under  guard  dur- 
ing 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 
disturbance  or  breach  of  the  peace. 
Notboidento         SECTION  106.     No  officcr  or  soldicr  shall  be  holden  to 

duty  on  days  of  -t-  n    i.  j.    •  ^    .  .  . 

certain  election,  periorm  military  duty  except  m  case  ot  invasion,  insur- 
rection, riot  or  tumult,  made  or  threatened,  or  in  obe- 
dience to  the  orders  of  the  commander-in-chief,  on  a  day 
appointed  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  than  three  hundred 
dollars. 


1874.— Chapter  320.  289 

Sectiox  107.     The  commander-in-chief  may  order  out  Escort  duty. 
any  portion  of  the  militia  for  escort  and  other  duties. 

Section  108.     Nothiner  herein  contained  shall  be  con-  Companies  may 

.  T    .  ,  ^  r.  i-  r       ii  have  volunteer 

strued  to  prevent  any  company  trom  meetmg  tor  the  pur-  parades. 
pose  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  reijards  the  members  who  have  sio^ued  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  ^^y<'^»'^d 

i-  ,  keep  personal 

have  the  rio^ht  to  own  and  keep  personal  pro])erty  which  property  and  be 

o  IX  I.        1  </  ^  under  their 

shall  belous'  to  and  be  under  the  control  of  the  active  control. 
members  of  the  company,  and  the  commanding  officer  of 
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-two,  and  no  suit  or  complaint  pend- 
ing in  his  name  shall  be  abated  by  his  ceasing  to  be  com- 
manding 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 

1,  "^  I  "iiiii  11         quitting  guard 

platoon  or  compau}^,  may  be  put  and  kept  under  guard  by  or  company. 
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  officers  soidiers  in  com. 
when  ordered  out  to  be  trained  and  disciplined,  shall,  for  officers^abiTto 
absence,  deficiency,  misconduct  or  neglect,  be  liable  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  and 
division  and  brigade   and  the  adjutant  of  each  regiment,  aulorde^iy^'* 
battalion  or  corps,  shall  constantly  keep  a  correct  roster  of  tept*  *°  ^^ 

37 


290 


187ti.— Chaptek  320. 


Company  rolls 
to  be  kept  by 
the  clerk  under 
the  direction  of 
the  commander, 


Company  order- 
ly book  to  be 
kept  by  the 
clerk. 


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 
shall  be  kept  by  the  clerk,  under  the  direction  of  the  com- 
mander, with  the  state  of  the  arms  and  equipments  fur- 
nished to  each  man,  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  IMay,  and  corrected 
from  time  to  time,  as  the  state  of  the  company  and  altera- 
tions in  it  may  require.  Muster  rolls  of  the  volunteer 
militia  shall  be  made  annually,  showing  the  names  of  all 
general,  field,  staff  and  non-commissioned  staff  officers, 
and  the  names  of  all  company  officers  and  enlisted  men  in 
the  service  and  who  have  been  in  service  during  the  3'ear ; 
they  shall  also  show  by  name  the  changes  that  have  taken 
place  during  the  year,  and  the  cause  of  such  changes. 
These  rolls  shall  be  made  up  to  the  first  of  June  in  each 
3^ear,  and  shall  be  forwarded  to  the  adjutant-general  within 
twenty  days  thereafter ;  they  shall  be  prepared  for  com- 
panies by  the  respective  company  commanders,  and  all 
others  by  direction  of  the  commanding  officers  of  the  sev- 
eral organizations.  Such  rolls  for  the  year  ending  May 
thirtj'-first,  eighteen  hundred  and  seventy-four,  f-hall  give 
the  information  herein  required,  from  the  first  of  August, 
eighteen  hundred  and  seventy-three.  A  sworn  copy  of 
such  rolls  shall  be  furnished  by  the  commanding  officers  of 
companies  and  such  other  organizations,  to  the  mayor  and 
aldermen  of  the  city  or  selectmen  of  the  town  in  which 
such  companies  or  organizations  are  located,  for  the  pur- 
poses 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 
each  company,  by  the  clerk,  under  the  direction  of  the 
commander,  and  the  proceedings  of  the  company,  orders 
received  and  issued,  and  exact  details  of  drafts  and  detach- 
ments shall  be  recorded  therein.  Fines  and  forfeitures, 
"vvith  the  time  when,  and  the  offence,  neglect,  default  or 
deficiency  for  which  they  were  incurred,  money  collected 
b}^  him  or  the  company  commander,  with  the  names  of  the 
persons  from  Avhom  collected,  and  all  delinquencies  and 
deficiencies,  shall  be  recorded  in  said  book,  which  shall 


1874.— Chapter  320.  291 

not  be  alienated  from  the  company,  and  shall  always  be 
open  to  the  inspection  of  its  members. 

Sectiox  114.     At  the  conclusion  of  each  tour  of  camp  commanders  of 
dut}^  commanders  of  companies  shall  make  correct  tripli-  m^rtripHcate 
cate  returns  of  their  several  companies,  which  shall  certify  day  of  racamp^ 
the  manner  in  which  such  company,  on  each  of  the  dciys  of  '^^'^t- 
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  or 
corps  attached  to  divisions  or  brigades,  and  not  to  regi- 
ments, shall  be  sent  to  the  commanding  officers  of  divi- 
sions or  brigades,  respectively,  and  consolidated  and  trans- 
mitted by  them  to  the  adjutant-general. 

Sectiox    115.       Assistant    inspectors -general    within  Assistant  in. 
twenty  days  after  each  tour  of  camp  duty  done  l)y  their  to  ma'kefc^im^^ 
respective  brigades,  or  the  regiments  and  battalions  thereof,  o'f  b'r^^de,'^'^'^ 
shall  make  and  transmit  to  the  commander  of  the  brigade 
a  correct  return  of  such  brigades,   reporting  therein  the 
condition  of  the  uniforms,  arms,  accoutrements  and  ammu- 
nition of  the  several  corps,  with  such  suggestions  relating 
to  the  government  of  the  militia  and  the  advancement  of 
order  and  discipline  as  in  his  judgment  may  be  required. 

Sectiox  116.     Coinmanders  of   brigades  shall,  within  commanders  of 
thirty  days  after  each  tour  of  camp  dut}^  performed  by  the  transmit  mum 
troops  under  their  respective  commands,  transmit  to  the  ofd?risk)M^^'^^ 
commanders  of  their  divisions,  a  correct  return  of  their 
respective  brigades,  as  furnished  by  the  assistant-inspoctors- 
general    under   the    preceding   section.     Commanders    of  dk^™n°'^to''^  °^ 
divisions  shall,  within  ten  days  after  the  receipt  of  such  transmit  returns 
returns  of  brigades  under  their  respective  commands,  trans-  general  ^"  ^" " 
mit  to  the  adjutant-general  correct  returns  of  the  state  of 
their  divisions,  as  derived  from  such  brigade  returns. 

Sectiox^  117.     When  an  invasion  of  or  insurrection  in  Miiitia  may  be 
the  state  is  made  or  threatened,  the  commander-in-chief  repei  invasion 
shall  call  upon  the  militia  to  repel  or  suppress  the  same ;  fnau^e^uoT 
and  may  order  out  divisions,  brigades,  regiments,  battal- 
ions 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 
wath  those  attached  to  the  troops,  to  organize  the  forces. 
If  such  invasion  or  insurrection,  or  imminent  danger  there- 


292 


1874.— Chapter  320. 


Drafts  and  de- 
tail of  officers. 


If  company 
without  officers 
is  called  out,  an 
officer  to  bo  de- 
tailed to  com- 
mand. 


Penalty  for  neg- 
lecting to  appear 
when  ordered. 


Selectmen,  &c., 
to  provide  ear- 
riasjes  to  attend 
with  supplies. 


Troops  may  be 
ordered  out  in 
case  of  riot. 


of,  in  any  part  of  the  state,  is  so  sudden  that  the  com- 
mander-in-chief cannot  be  informed  and  his  orders  received 
and  executed  in  season  to  resist  or  suppress  the  same,  a 
commander  of  division  in  sucli  part  of  the  state  may  order 
out  his  division  or  any  part  thereof,  as  the  commander-in- 
chief  might  do. 

Section  118.  AVheu  a  draft  from  the  militia  is  order- 
ed, the  non-commissioned  oificers  and  privates,  except  so 
many  as  ofler  to  serve  voluntarily,  shall  be  drafted  by  lot 
from  the  company,  and  the  officers  regularly  detailed  from 
the  roster. 

Section  119.  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  ai:)pear,  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  120.  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  company,  or 
officer  to  whom  he  is  ordered  to  report,  one  hundred  dol- 
lars, to  be  paid  into  the  treasury  of  the  Commonwealth, 
shall  be  taken  to  be  a  soldier  absent  without  leave. 

Section  121.  The  selectmen  of  a  town  and  the  mayor 
and  aldermen  of  a  city  to  which  men  so  ordered  out,  de- 
tached 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  provisions 
and  to  carry  necessary  baggage,  and  provide  necessary 
camp  equi})age  and  utensils,  until  notified  by  the  com- 
manding officer  to  desist ;  and  shall  present  their  accounts 
as  provided  in  section  one  hundred  and  thirty-six.  For 
any  neglect  by  such  mayor  and  aldermen  or  selectmen, 
under  this  section,  such  city  Or  town  shall  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. 

Section  122.  When  there  is  in  any  county  a  tumult, 
riot,  mob  or  a  body  of  men  acting  together  by  force  with 
attempt  to  commit  a  felony,  or  to  olier  violence  to  persons 


1874.— Chapter  320.  293 

or  property,  or  b}^  force  and  violence  to  break  and  resist 
the  laws  of  the  Commonwealth,  or  when  such  tumult,  riot 
or  mob  is  threatened,  and  the  fact  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  sit- 
ting therein,  then  to  a  justice  of  said  court,  or  if  no  such 
justice  is  within  the  county,  then  to  the  sheriff  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,  regiment,  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  specitied,  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  : — 


Commonwealth  of  Massachusetts.  Formofpre- 

L.  S.  cepU 

To  (insert  the  qfficer^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  mentioned),  in  our  county 
of  ,  and  that  military  force  is  necessary  to  aid   the  civil 

authority  in  suppressing  the  same  ;  now,  therefore,  we  command  you 
that  you  cause  (here  state  the  number  a?id  kind  of  troops  'required), 
armed  and  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 

orders  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  123.     The  officer  to  whom  the  order  of  the  Penalty  for 
commander-in-chief  or  such  precept  is  directed,  shall  forth-  Imingl^o  obef' 
with  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  any  officer  neglects  or  refuses 
to  obey  an  order  issued  in  pursuance  thereof,  he  shall  be 
cashiered  and  punished  by  line  or  imprisonment  not  ex- 
ceeding six  months,  as  a  court-martial  may  adjudge.     Any 


294 


1874.— Chapter  320. 


Troops  to  ap- 
pear armed  and 
equipped. 


Pay  of  general, 
field  and  com- 
missioned Btaft" 
officers. 


Judsre-advocate- 
general. 


Mnstering  oflS.- 
cers  and  pay- 
masters. 


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. 

Sectiox  124.  Such  troops  shall  appear  at  the  time  and 
place  appointed,  armed  and  equipped,  and  with  ammuni- 
tion as  for  inspection  of  arms,  and  shall  obey  and  execute 
such  orders  as  they  may  then  and  there  receive  according 
to  law. 

Section  125.  General,  field,  and  commissioned  staff 
oificers,  field  and  staff  of  cadet  corps,  commanders  of  bat- 
teries and  companies  of  cavalry,  shall  receive  for  each  day's 
duty  in  camp  or  under  sections  one  hundred  and  seven 
and  one  hundred  and  twenty-two,  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  including  non-commis- 
sioned staff'  officers  of  corps  of  cadets,  the  quartermaster- 
sergeant  and  commissary-sergeant  of  a  company  of  artillery 
or  cavalry  attached  to  a  brigade,  shall  receive  three  dollars 
a  day,  to  be  paid  them  npoii  certitied  muster  and  pay  rolls, 
as  provided  in  section  one  hundred  and  one. 

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  com- 
panies, according  to  the  provisions  of  section  ninety-fonr 
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  one  thousand  dollars,  to  be  paid  quarterly  by  the 
treasurer  of  the  Commonwealth. 

Mustering  officers  and  paymasters  shall  be  allowed  the 
pay  of  their  rank  for  each  day's  service  in  the  discharge  of 
their  special  duties.  But  such  pay  per  annum  shall  not 
exceed  one  hundred  and  twenty-five  dollars  for  a  muster- 
ing officer  of  a  regiment,  seventy-five  dollars  for  that  of  a 
battalion,  and  fifty  d(jllars  for  that  of  corps  of  cadets. 
They  shall  also  be  allowed  the  sum  of  five  cents  per  mile 
each  way  for  travelling  expenses. 


1874.— Chapter  320.  295 

Sectiox  126.     Assistant  adjutants-general  of  divisions  Pay  of  assistant 
and  brigades,  and  adjutants  of  regiments  or  battalions,  or  eri",  adjutlnTs, 
of    corps    of  cadets,  of  volunteer  militia,    shall    receive  ^'^' 
twenty-five  dollars    annually,    in  addition  to    their    pay 
as    herein   provided.      Assistant  inspectors-general    shall 
receive  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  127.     Everv  other  commissioned  officer  of  the  Payofcommis. 

,        ,  •!•,•         Ill''         •  n  IT        y       1     J.       •  sioned  officers. 

volunteer  mihtia  shall  receive  tor  each  day  s  duty  in  camp 
or  under  sections  ninety-four,  one  hundred  and  seven  and 
one  hundred  and  twenty-two,  three  dollars  and  fifty  cents. 

Every    non-commissioned     officer    and     soldier     shall  Non-commis- 

■^  .  -  .  sioned  officers 

receive  for  each  day's  duty  in  camp    or  under  sections  and  soldiers. 
ninety-four,  one  hundred  and  seven  and  one  hundred  and 
twenty-two,  two  dollars  and  fifty  cents. 

There  shall  be  allowed  and  paid  to  every  officer  and  ^"veT.^"''^  ^"^ 
soldier  in  the  militia,  obliged  to  travel  upon  duty  required 
by  law,  or  by  order  of  the  commander-in-chief,  a  sum  not 
to  exceed  two  and  one-half  cents  per  mile  each  way, 
unless  as  hereafter  provided  in  this  section  and  in  section 
one  hundred  and  thirty-two,  the  distance  to  be  computed 
by  the  line  of  nearest  railroad  communication  from  the 
locality  in  which  the  headquarters  of  the  various  com- 
mands and  armories  of  companies  are  situated.  Mounted 
officers  and  enlisted  men,  when  directed  by  the  com- 
mander-in-chief to  transport  their  horses,  shall  be  allowed 
and  paid  a  sum  not  to  exceed  the  rates  of  freight  charged 
for  horses  by  the  most  direct  line  of  railroad  communica- 
tion, allowance  to  be  made  from  the  nearest  point  of 
departure  from  the  locality  in  which  the  several  head- 
quarters and  companies  are  situated  to  which  said  officers 
and  enlisted  men  belong.  Officers  required  to  travel 
without  the  organizations  or  companies  to  which  they 
belong,  otherwise  than  to  and  from  a  place  of  encamp- 
ment, elementary  drill  or  May  inspection,  shall  be  allowed 
and  paid  a  sum  not  exceeding  five  cents  per  mile  each 
way. 

Every  member  of  a  band  serving  with  the  militia  shall 
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 


296 


1874.— Chapter  320. 


Pay-rolls  to  be 
transmitted  to 
paymasters. 


Paymasters  to 
give  bond. 


Rolls  to  be  com- 
pared with 
muster-iu  rolls, 
&c. 


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  mem- 
ber 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  fornge  for 
horses.  Such  sums  shall  be  computed  by  the  adjutant- 
general  from  the  field  and  stafl",  company  and  band  pay- 
rolls, made  out,  certified  and  returned  under  section  one 
hundred  and  one. 

After  such  computation  of  sums  due  general,  field  and 
staft'  officers,  companies  and  bands,  these  rolls  shall  be 
laid  before  the  auditor  of  the  Commonwealth,  and  upon 
his  approval  the  governor  and  council  shall  draw  a  warrant 
on  the  treasury  for  the  respective  amounts  required  by  the 
several  paymasters.  The  pay-rolls  shall  then  be  trans- 
mitted at  once  to  the  respective  paymasters  of  divisions, 
brigades,  regiments,  battalions  and  cadet  corps  who  shall 
immediately  notify  commanding  officers  and  masters  of 
bands  that  they  are  ready  to  pay  their  respective  com- 
mands, and  on  receipt  of  the  money  on  such  warrant,  the 
paymasters  shall  meet  the  several  commanders,  companies 
and  bands  in  their  respective  armories  or  headquarters, 
and  pay  the  members  the  amounts  due  them,  taking 
proper  vouchers  iu  duplicate  for  such  payment,  and  at 
once  after  pajdng  all  the  troops  in  their  respective  com- 
mands, 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  l)e  found  to  exist. 

Pa}' masters  shall  give  bond  in  the  penal  sum  of  ten 
thousand  dollars,  with  two  sureties  at  least,  to  be 
approved  l)y  the  governor  and  council,  conditioned  faith- 
fully to  discharge  the  duties  of  their  office. 

Section  128.  The  computation  provided  for  in  the 
preceding  section  to  be  made  by  the  adjutant-general, 
shall  be  made  from  rolls  required  in  section  one  hundred 
and  one,  in  connection  or  comparison  with  the  muster-in 
rolls  and  last  preceding  muster  pay-rolls  of  companies,  or 
the  muster-rolls  required  to  be  made  annually  in  section 
one  hundred  and  twelve. 


1874.— Chapter  320.  297 

Section  129.     The   compensation   provided   for   com-  compensation 

-I  n  .  iMi  /•/••i.ii?  11*      ij."       forfeited  for  de- 

manders  or  companies  shall  be  lorieited  tor  aeiault  ni  fault  la  making 
making  the  returns  required  by  sections  one  hundred  and  *''^'^'^™«' 
one  and  one  hundred  and  fourteen ;  and  no  person  shall 
receive  compensation  who  does  not  remain  in  camp  and 
perform  all  duties  required  during  the  period  of  encamp- 
ment ;  except  that  a  person  who  once  appears  and  is 
excused  from  further  duty  shall  be  entitled  to  compensa- 
tion for  the  time  he  is  actually  engaged  in  service. 

Section  130.  No  officer  or  soldier  in  the  volunteer  Personal  service 
militia  shall  receive  the  compensation  provided  in  this  compensation. 
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 
excuses  granted  for  absence  from  or  non-performance  of 
military  duty  entitle  the  person  excused  to  receive  such 
compensation. 

Section  131.     The  adjutant-general  shall  present  his  Expenses  of  in- 

,„  -T-ji  f  f  ^  •      spector-general. 

account  tor  expenses  incurred  in  the  pertormance  ot  tiis 
duty  as  inspector-general  to  the  auditor  of  accounts  for 
allowance. 

Section  132.  Officers  obliged  to  go  out  of  the  city  or  Allowance  for 
town  of  their  residence  to  attend  a  military  election,  shall  tary^eiectlo™.* ^ 
be  allowed  ten  cents  a  mile  each  way  for  travel. 

Section  133.  Officers  composing  military  boards,  and  Jtten^ancf  of 
witnesses,  both  for  the  Commonwealth  and  the  accused,  military  boards 
attending  before  them,  shall  receive  five  cents  for  every 
mile  they  necessarily  travel  in  going  to  and  returning  from 
the  place  of  trial,  and  the  following  sums  for  each  day  of 
attendance ;  The  president  of  a  military  board,  six  dol- 
lars ;  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  dollars  ;  each  witness  attending  on  such  board,  or  be- 
fore 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  the  board  provided  in  section  twenty-one, 
shall  receive  for  each  day's  duty  on  such  board  six  dollars, 
and  five  cents  a  mile  each  way  for  travel,  to  be  paid 
quarterly  by  the  treasurer  of  the  Commonwealth,  upon  a 
roll  approved  by  the  adjutant-general. 

No  allowance  shall  be  made  for  pay  or  rations  for  a 

38 


298 


1874.— Chapter  320. 


Officers,  &c., 
tried  by  military 
board  to  be  paid, 
if  acquitted. 


Relief  of  dis- 
abled soldiers. 


Pay  and  rations 
while  in  actual 
service. 


All  military 
accounts  to  be 
transmitted  to 
the  adjutant- 
general  on  or 
before  Jan- 
uary 5. 


Excuses  for  not 
performing  mili- 
tary duty. 


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- 
aminers, the  judge-advocate-general  or  judge-advocates 
shall,  if  acquitted,  be  allowed  the  pay  of  their  rank,  to  be 
paid  out  of  the  treasury  on  the  certiticate  of  the  president 
of  the  board  or  the  judge-advocate,  to  be  approved  by  the 
adjutant-general. 

Section  134.  If  an  officer  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. 

Section  135.  The  militia  while  in  actual  service  shall 
receive  the  same  pay  and  rations  as  the  regular  troops  of 
the  United  States ;  and  the  rations  when  commuted  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. 

Section  136.  All  military  accounts  including  claims 
against  the  state  for  money  expended  in  the  transmission 
of  military  documents  to  and  from  the  department  of  the 
adjutant-general,  unless  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. 

Section  137.  No  officer  shall  be  excused  from  duty 
except  ])y  the  commander-in-chief,  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  pro- 
vided in  section  twelve,  or  for  other  imperative  cause,  and 
excuses  shall  be  granted  only  by  the  regimental  or  bat- 


1874.~Chaptek  320.  299 

talion  commander  for  proper  cause  shown  upon  applica- 
tion. 

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 
receive  an  excuse  for  non-appearance  after  the  expiration 
of  the  twenty  days.  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  days,  unless  the  delinquent 
satisfies  the  tribunal  before  whom  the  case  is  tried  that  it 
was  not  in  his  power  to  make  such  excuse  within  the  time. 
Such  ufficers  shall  inform  their  clerks  of  all  excuses  allowed 
for  non-appearance. 

Section  138.     No  commanders  of  companies  shall  re-  Deficiency  of 

n         T    n    •  •  r      ■      '  i  equipment. 

ceive  excuses  tor  deficiencies  ot  equipment. 

Section  139.  When  a  person  is  entitled  to  exemption  Excuses  of 
from  military  duty,  upon  presenting  evidence  of  the  cause  empts!°°^  ^^" 
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  140.     The  commander-in-chief  may,  in  addi-  Military  board 
tion  to  the  board  provided  in  section  twenty-one,  from  ed  to  examine 
time  to  time,  and  at  any  time,  appoint  a  military  board  of  Lndpropriety 
examiners  of  not  less  than  three  nor  more  than  five  officers,  offiTerl"''' 
whose  duty  it  shall  be  to  examine  the  capacity,  qualifica- 
tions, propriety  of  conduct  and  efficiency  of  any  commis- 
sioned officer  under  the  rank  of  major-general,  who  may 
be  reported  to  them  as  a  fit  subject  for  examination,  and 
upon  the  report  of  such  board,  if  averse  to  such  officer  and 
approved  by  the  commander-in-chief,  the  commission  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 


300  1874.— Chapter  320. 

examined.      The  commander-in-chief  may  also,  when  in 
his  opinion  it  is  necessary,  call  boards  of  officers  for  set- 
tling military  qnestions,  or  for  other  purposes  relative  to 
good  order  and  discipline. 
Construction  of       SECTION  141.     In  thls  chapter  the  word  "soldier"  shall 

■words  "  soldier"   .       ,      ,  .    .  in  •  i 

and  "company."  incuide  musicians  and  all  persons  m  the  volunteer  or  en- 
rolled militia  except  commissioned  officers,  and  the  word 
"company  "  may  include  battery. 
j^|°fa*fe^certifli       SECTION  142.      If  cldei's  or  ovcrsccrs  of  a  society  of 
cate  that  a  per-    Quakcrs   or  Shakci's  give  the  certificate  provided  in  the 

Bon  18  a  Quaker,    ^^  .  o  ,.,,.. 

&c.  tenth  section  to  a  person  who  does  not  proiess  the  religious 

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  huii- 
drod    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  143.     Civil  officci's  nanicd  iu  this  chapter  neg- 
lecting or  refusing  to  obey  its  provisions  shall,  except  as 
otherwise  specially  provided,  forfeit  not  less  than  twenty 
nor  more  than  five  hundred  dollars. 
include* ma" oV°       SECTION  144.     Thc  provisious  of  this  chapter  couceming 
and  aldermen,     the  powcrs  aiid  dutics  of  the  selectmen  of  towns,  shall  be 
construed  to  include  the  mayor  and  aldermen  of  any  city. 
reTafnlinlt^^^       Section  145.     A  coiiipauy  may  remain  unattached  to 
tachedorbe       auv  reiriment,  brio;ade  or  division,  or  may  be  attached  to  a 

attached  to  ,     .        V  t    •    ■  i  •       ^i  •     •  r  ^^ 

divisions  or        brigade  or  division,  whenever  m  the  opinion  oi  the  com- 
nga  68.  mander-in-chief   the  interests   of  the   service  require  it : 

provided,  that  any  company  attached  to  a  brigade  or  di- 
vision 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  146.     No  citizcu  of  the  Commonwealth  above 
five,  or  not  en-    tlic  agc  of  forty-fivc  ycai's  shall  on  account  of  such  age  be 
gibil  tooffic"! ''  ineligible  to  office  in  the  militia  nor  incapable  of  serving 
in  a  volunteer  company,  and  no  citizen  of  the  Common- 
wealth, otherwise  qualified  shall  be  ineligible  to  office  in 
the  militia  from  not  having  been  enrolled  therein. 


1874.— Chaptee  320.  301 

Section  147.     The  comraander-in-chief  may  discharge  N-on-commis- 

,  ,  ,  ,.  ''         T      i"  sioned  oflicers 

any  non-commissioned    omcer   or   soldier   on  application  and  soidiera 
showing  that  the  applicant  has  removed  from  the  state  or  "i^ge^bythe 
is  physically  disabled,  disability  to  be  established  by  regi-  STcemia 
mental  surgeon,  or  when  two-thirds  of  the  members  of  a  cases. 
company  desire  the  discharge  of  one  of  their  number  on 
the  ground   of   his   being  habitually   troublesome,   or  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,  order  the  muster  out  or  discharge 
of  any  non-commissioned  officer  or  private  of  a  volunteer 
company ;  in  all  cases  facts  to  be  fully  set  forth  in  the  ap- 
plication, which   may  come  from   any  company  officer,  to 
be  forwarded  through  proper  channels,  and  approved  by 
intermediate  commanders.     And  every  non-commissioned 
officer  and  soldier,  upon  his  muster  out  or  discharge,  shall 
be  entitled  to   a  certificate  of  such  muster  out  and  dis-^ 
charge,  in  such  manner  and  form  as  the  commander-in- 
chief  shall  direct. 

Section  148.    Any  company  now  organized,  or  that  may  ^°jP?^y,™^y 
hereafter  be  organized  under  the  provisions  of  law,  may  when  its  number 
be  disbanded  or  mustered  out  and  their  officers  discharged  ei^hu^ ^°'^*^' 
by  the  commander-in-chief,  whenever  the  number  of  offi- 
cers, 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  Proviso. 
or  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  com- 
pany of  militia  has  failed  to  comply  with  the  requisitions 
of  the  law  in  matters  of  uniform,  equipment  and  disci- 
pline, so  that  it  is  incapacitated  to  discharge  the  duties 
required  of  it,  such  company  may  be  disbanded  or  mus- 
tered out  by  the  commander-in-chief. 

Section  149.     It  shall  not  be  lawful  for  any  body  of  men  None  but  regn- 
whatsoever,  other  than  the  regularly  organized   corps  of  companfeTl-a^ 
the  volunteer  militia,  the  troops  of  the  United  States,  the  i^^^d  to  parade. 
ancient  and  honorable  artillery  company,  the  veteran  artil- 
lery association  of  New^buryport,  the  veteran  cadet  asso- 
ciation  of  Salem,  and  the   Salem  light  infantry  veteran 
association  to  associate  themselves  together  as  a  military 
company  or  organization  or  to  parade  in  public  with  arms 
in  any  city  or  town  of  this  Commonwealth  without  the 


302  1874.--CHAPTEE  320. 

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,  equip- 
ping, uniforming  or  in  any  way  supporting,  sustaining  or 
providing  drill  rooms  or  armories  for  any  such  body  of 
men  :  provided,  that  associations  wholly  composed  of  sol- 
diers honorably  discharged  from  the  service  of  the  United 
States  may  parade  in  public  with  arms,  upon  the  recep- 
tion of  any  regiments  oi"  companies  of  soldiers  returning 
from  said  service,  and  for  the  purpose  of  inftmtry  escort 
duty  at  the  burial  of  deceased  soldiers,  having  first  ob- 
tained the  written  permission  so  to  do  of  the  mayor  and 
aldermen  or  selectmen  of  the  cities  or  towns  in  which 
they  desire  to  parade. 
hiwfui  mmtai""  Section  150.  Whoever  offends  against  the  provisions  of 
parades.  the  preceding  section,  or  belongs  to  or  parades  with  any 

such  unauthorized  body  of  men,  with  arms,  shall  be  pun- 
ished 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  ancient  and       Section  151.    Nothius'  coutaiiied  in  this  act  shall  be  con- 

honorable  artil-  i  «>        . 

leiy  company  to  strucd  as  afiectino;  the  right  of  the  ancient  and  honorable 

coiitinuG  its  ■  ^^ 

oiganizatiou.  artillery  company  to  maintain  its  organization  as  a  military 
compan}^  according  to  ancient  usage,  and  agreeably  to  the 
provisions  of  its  constitution  and  by-laws,  provided  the 
same  are  not  repugnant  to  the  laws  of  this  Commonwealth, 
or  do  not  restrain  the  lawful  parades  or  exercise  of  the 
active  militia. 
genemTfoTe''*^'  Section  152.  The  govcmor  shall  appoiut  and  commis- 
appoiuted.  slou,  witli  tlic  rauk  of  brigadier-general,  a  judge-advocate- 
general,  who  shall  be  skilled  in  the  law  and  in  military 
usiiges,  and  he  shall  hear  and  determine,  from  time  to  time, 
all  military  offences  which  shall  be  brought  before  him, 
finding  the  facts  of  the  accusation  in  all  instances,  and 
whether  the  accused  is  guilty  or  not  guilty  of  the  offence 
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  the  com- 
To  be  the  court-  maudcr  iu-chicf ;  and  said  judge-advocate-general  shall  be 
militia.  °  '^  the  court-martial  of  the  militia.  In  case  of  approval,  said 
judge-advocate-general  may  issue  his  warrant,  under  his 
hand  and  seal,  reciting  the  conviction  and  sentence,  and 
the  approval  of  the  governor,  and  directed  to  the  sherifts, 
deputy-sheriffs,  constables  and  jailers,  directing  execution 


187^._Chapter  320.  303 

of  the  sentence  to  be  done ;  which  warrant  shall  be  ex- 
ecuted in  like  manner  as  a  warrant  or  execution  from  a 
court  of  criminal  jurisdiction  miijht  be. 

Said  jadge-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. 

Sectiox  153.     Every  accusation  against  any  officer  or  Accusations  to 
enlisted  man,  shall  be  in  the  form  of  charges  stating  the  cLTges'ISid^ 
legal  nature  of  the  offence  imputed,  and  specifications  set-  specifications. 
ting  forth  the  particular   facts  constituting  the    offence, 
with  reasonable  clearness,  accuracy  and  conciseness,  and 
shall   be   signed   by  the  party  preferring  the  same,  and 
endorsed  with  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. 

Section  154.     When  an  accusation  is  preferred  against  Accusation  to  be 
any  officer  or  enlisted  man,  it  shall  be  forwarded  through  it  reaches  a  brl 
the  proper  channels,  until  it  reaches  a  brigade  or  division  fommand«-."°° 
commander,  who  shall  refer  it  to  his  judge-advocate  to  de-  To  be  referred 
termine  if  the  accusation  is  in  proper  form,  and  to  report  cLte.  ^^'^  ^°" 
whether  or  not  it  is  expedient  to  prosecute ;    and    upon 
receipt  of  his  report,  such  commander  shall  order  the  pros- 
ecution to  be  made,  or  not  to  be  made,  or  transmit  the 
accusation  and  report  for  instructions  as  may  seem  ex- 
pedient. 

And  in  case  a  prosecution  is  ordered,  the  accused  shall  ^rn^shed*^th 
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  placed  under  arrest  by  any  superior,  before 
an  accusation  is  preferred. 

Section  155.    Thejudge-advocate-general  may  preserve  judge-advocate- 
order  in  his  court  with  the  same  authority  as  a  court  of  punish^anofQcer 
record,  and  on  any  accusation  against  an  officer  may  line  pris*j,nm°entr&e. 
him  not  exceeding  two  hundred  dollars,  and  sentence  him 
in  one  or  more  of  the  following  ways  :  to  be  reprimanded 
in  orders,  or  to  be  dismissed  the  service  and  disqualified 
from  military  office  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- 


304  1874.— Chapter  320. 

honorably  discharged,  according  to  the  nature  of  his  offence. 
The  judgment  of  disqualification  may,  after  approval,  be 
reversed,  in  the  whole  or  part,  by  the  commander-in- 
chief;  but  all  other  parts  of  the  sentence,  when  approved, 
shall  remain  in  full  force. 
wWc^hlTcom-  Section  156.     Every  commissioned  officer  may  be  tried 

missioned  officer  for  the  followiug  oflcnces  ;  for  unmilitary  or  unofficer-like 

may  be  tried.  t        .  i  t  n  ^     -, 

conduct  when  on  duty ;  for  neglect  of  duty ;  for  dis- 
obedience of  orders,  or  an  act  contrary  to  the  provisions 
of  this  chapter;  for  oppression  or  injury  of  any  under  his 
command ;  for  a  coml)ination  or  attempt  to  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  offi- 
cer in  the  exercise  of  his  office  ;  for  presuming  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  offi- 
cer 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,  Avhen  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  certificate  of  inal)ility  to  do  military  duty; 
for  neglect,  when  detailed  to  train  and  discipline  a  com- 
pany, to  make  complaint  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  disobe- 
dience 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  affect- 


1874.— Chaptee  320.  305 

iug  him  in  the  exercise  of  his  office  or  ability  to  command 
or  retain  the  respect  of  those  under  him. 

Section  157.     Any  enlisted  man  may  be  tried  before  offences  for 
the  judge-advocate-general  for  disobedience  of  orders,  dis-  listed  man  may 
respect  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 
duty  or  under  arms,  or  participating  in   any  parade,   in- 
spection, encampment,  drill,  or  meeting,  which  shall  be 
duly  ordered  by  his  superior  officer,  or  prescribed  by  com- 
pany constitution,  or  volunteered  by  vote  of  the  company 
to  which  he  belongs. 

Section  158.     All  fines  and  forfeitures  incurred  by  an  Enlisted  men 
enlisted  man  under  section    one    hundred  and    fifty-nine  ™ued''fo?fl'nes 
may  be  prosecuted  for  by  complaint  of  commander  of  his  adTOcateof 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  Right  of  appeal 
from  the  sentence  of  any  such  judge-advocate  the  accused  comt. 
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  159.  Every  enlisted  man  absent  without  Fines  for  ab- 
leave  from  duty,  when  legally  notified  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  formsT&c."^" 
or  any  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 

39 


306 


1874.— Chapter  320. 


In  lieu  of  fines 
enlisted  men 
maj'  he  dishon- 
orably dis- 
charged. 


Fines  collected 
of  company 
officers  and  men 
to  be  paid  into 
the  company 
treasury. 


"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 
restoration  of 
property  or 
damages. 


duty,  or  discharges  his  piece  without  orders  either  upon 
or  on  the  wa}^  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 
discharged  from  the  service,  upon  trial,  as  provided  in 
section  one  hundred  and  fifty-eight ;  but,  in  case  of 
sentence  to  dishonorable  discharge,  there  shall  be  an 
appeal  to  the  judge-advocate-general.  Anj'  enlisted  man 
so  discharged  shall  be  debarred  from  holding  otfice  in  the 
militia. 

Section  160.  All  fines  and  forfeitures  under  the 
militia  laws,  which  may  be  collected  of  company  otficers 
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  161.  Fines  and  forfeitures  not  collected  on 
warrant  or  execution  may  be  collected  by  returning  the 
record  of  conviction  before  the  judge-advocate-general  or 
judge-advocate  into  the  superior  court  for  the  county  in 
which  the  ofience  occurred,  to  be  recorded,  and  issuing 
scire  facias  thereon. 

Section  162.  Prosecutions  b}'^  commanders  of  com- 
panies to  recover  possession  of  state  or  company  property, 
wrongfull}"  withheld  by  an}-  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,  ren- 
der 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  withheld,  lost  or  injured;  and 
with  I'egard  to  such  cases,  the  judge-advocate  shall  have 
the  same  powers  as  a  municipal  court  would  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.  AVhen  the  amount  in  dispute  is  beyond  the 
jurisdiction  of  municipal  courts,  prosecutions  under  this 
section  shall  1)e  brought  in  the  superior  court  of  the  county 
in  which  the  defendant  resides. 


1874.— Chapter  320.  307 

Sectiox  163.     Prosecuting  officers  shall  receive  the  per  Fees  of  prose- 
diem  of  officers  on  special  duty  and  the  docket-fee,  to  be  ''"'"^"° 
paid  upon  certilicate   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  Feesof  judge- 
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 
adjutant-general . 

Section  164.     Costs  of   prosecution  shall  in  cases  of  costs  of  prose. 
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  165.     The  judge-advocate-general  or  a  judge-  judge-advocate. 
advocate  may  be  detailed  by  the  commander-in-chief  to  dmueduTat^^ 
attend  any  encampment,  and  shall  have,  during  the  en-  ^^^^f  encamp- 
campmeut,  within  the  encampment,  and  for  a  distance  of 
one  mile  from  the  guard-line,  the  jurisdiction  of  a  muni- 
cipal court  over  all  oflences  committed  in  said  time. 

Section  166.     Any  officer,  band-master  or  other  per-  Penalty  on  offi- 
son  required  to  muster  and  make  rolls  or  returns  of  men  son  n'egieaing'^" 
or  property,  neglecting  the  same,  shall  be  fined  twenty-  makelous^and 
five  dollars,  and  if  an  inspecting  or  mustering  officer,  sev-  returns. 
enty-five  dollars ;  and  any  officer  or  band-master  making 
a  false  muster-roll  or  return  of  men  or  property  shall  for- 
feit one  hundred  dollars,  and  if  a  mustering  or  inspecting 
officer,  three  hundred  dollars,   to  be  recovered  on  com- 
plaint of  the  officer  to  whom  the  return  is  due,  before  the 
judge-advocate-geueral,  subject  to  appeal  to  the  superior 
court  of  the  county  in  w^hich  the  defendant  resides. 

Section  167.     In   time    of    insurrection,    invasion    or  Powers  of 
active  service  within  the   state,   the   commander-in-chief  ^g"eal?a^imay^i)t 
may  confer  the  powers  of  judge-advocate-general  or  of  another^officeT 
iudge-advocate  upon  any  officer  serving  with  troops,  or  i" <=?«e of  msm-. 

-^       ^  -T/y  •     -\  -TTi        rection,  &c. 

may  order  military  oiiences  to  be  tried  as  provided  in  the 
United  States  service. 

Section  168.     Chapter  three  hundred  and  thirteen  of  Repeal, 
the  acts   of  eighteen  hundred  and  seventy-three,  and  all 
other  acts  and  parts  of  acts  inconsistent  with  the  provisions 
of  this  act,  are  repealed ;    but  this  section  shall  not  be 


308 


1874.— Chapter  321. 


Ch.    321. 


Property  upon 
whicb  lien  has 
been  claimed 
may  be  released 
liy  owner  giving 
bond. 


Bond  may  be 
taken  from 
clerk's  office 
after  record. 


Masters  may 
adjourn  hear- 
ings. 


construed  as  reviving  or  in  any  manner  restoring  any 
former  acts  or  parts  of  acts  inconsistent  with  the  pro- 
visions of  this  act,  that  were  repealed  by  the  chapter 
herein  before  named. 

Section  169.  This  act  shall  take  effect  upon  its 
passage.  Approved  June  10, 1874. 

An  Act  relating  to  liens  on  buildings  and  land. 
Beit  enacted,  t&c,  as  follows: 

Section  1.  Any  person  having  an  interest  in  property 
upon  which  a  lien  has  been  claimed  pursuant  to  the  pro- 
visions of  chapter  one  hundred  and  fifty  of  the  General 
Statutes  and  of  the  acts  in  amendment  thereof,  may  at  any 
time  before  final  judgment  in  a  suit  brought  to  enforce 
such  lien  release  his  interest  in  such  property  or  in  any 
portion  thereof  from  such  lien,  by  giving  bond  to  the 
party  claiming  the  lien,  with  sufiicient  sureties,  to  be  ap- 
proved in  writing  by  such  party,  or  his  attorney,  or  by  a 
master  in  chancery,  and  with  condition  to  pay  to  such 
party  within  thirty  days  after  final  judgment  in  such  suit, 
a  sum  fixed  as  the  value  of  the  property  or  interest  so 
released,  or  so  much  of  such  sum  as  may  be  necessary  to 
satisfy  any  amount  for  which  such  property  or  interest 
may  ho,  found  to  be  subject  to  such  lien  in  such  suit.  If 
the  parties  interested  do  not  agree  as  to  the  value  of  the 
property  or  interest  to  be  released,  such  value  may  be 
fixed  in  the  same  manner  as  is  provided,  in  chapter  two 
hundred  and  ninety-one  of  the  acts  of  the  year  eighteen 
hundred  and  seventy,  for  fixing  the  value  of  property 
released  from  attachment.  Said  bond  shall  contain  a 
description  of  the  property  or  interest  released,  and  the 
obligor  shall  cause  the  same  to  be  recorded  in  the  clerk's 
oflice  of  the  city  or  town  in  which  such  propertj^  lies, 
within  ten  days  after  its  approval  by  the  party  claiming 
the  lien,  or  his  attorney,  or  the  master,  and  the  lien  shall 
not  be  dissolved  until  it  is  entered  of  record  as  aforesaid. 

Section  2.  The  bond  provided  for  by  this  act  may  be 
taken  from  the  clerk's  ofiice,  or  registry  of  deeds  in  the 
county  of  Suffolk,  by  the  obligee  at  any  time  after  it  has 
been  recorded. 

Section  3.  Masters  in  chancery  may  adjourn  the  hear- 
ings authorized  and  required  to  be  held  by  them,  under  this 
act,  from  time  to  time,  as  they  may  deem  necessary. 
They  shall  be  allowed  the  same  fees,  to  be  paid  and  taxed 


1874.— Chapter  322.  309 

as  costs,  as  provided  in  said  chapter  tAVo  hundred  aud 
ninety-one  of  the  acts  of  the  year  eighteen  hundred  and 
seventy. 

Section  4.     Wlien  the  building  or  structure  to  which  Bond  in  Suffolk 
the  statement  provided  for  in  section  five  of  chapter  one  rtred"h^registry 
hundred   and   fifty    of   the    General    Statutes    relates,    is  of^^^eds. 
•situated  in  the  county  of  Sufiblk,  such  statement  and  the 
bond  provided  for  in  section   one  of  this  act,  instead  of 
being  filed  and  recorded  in  the   office  of  the  clerk  of  the 
city  or  town  in  which  such  building  or  structure  is  situated, 
shall  be  filed  aud  recorded  in  the  registry  of  deeds  for  said 
county. 

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

Ajyprovecl  June  10,  1874. 

An  Act  to  unite  the  city  of  boston  and  the  town  of  winthrop.  pi      099 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.  All  the  territory  now  comprised  within  the  winthrop  an- 
limits  of  the  town  of  Winthrop  in  the  county  of  Sufi'olk,  °^'^e'^t° Boston. 
with  the  inhabitants  and  estates  therein,  is  annexed  to  and 
made  part  of  the  city  of  Boston,  in  said  county  of  Sufiblk, 
and  shall  hereafter  be  subject  to  the  same  laws,  municipal 
regulations,  obligations  and  liabilities,  and  entitled  to  the 
same  immunities  in  all  respects  as  the  said  city  of  Boston. 

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  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 
said  city. 

It  shall  be  the  duties  of  the  ward  officers  of  ward  one 
as  now  established  in  said  city  of  Boston,  as  hereafter  pro- 
vided, to  make  returns  of  all  votes  that  may  be  cast  there- 
in, and  including  said  annexed  territory,  from  time  to  time, 
for  representatives  in  congress,  state  councillors,  senators, 
members  of  the  house  of  representatives,  aud  for  all  other 
national,  state,  district,  county,  municipal  and  ward  offi- 
cers to  the  city  clerk  of  the  city  of  Boston. 

Section  2.     All  the  i)ublic  proiDerty  of  said  town  shall  i'"J''ic  property 

,  ,     .  T     •        1       1  1    J       ^  1  „         .  T   to  be  vested  in 

be  vested  m  and  is  declared  to  be  the  property  of  said  Boston. 
city  ;  and  said  city  of  Boston  shall  succeed  to  all  the  rights, 
claims,  causes  of  action,  rights  of  uncollected  taxes,  liens, 
uses,   trusts,   duties,   privileges   and   immunities  of   said 


310  1874.— Chapter  322. 

town.  The  town  treasurer  of  said  town,  on  or  before  the 
second  Monday  of  January,  in  the  year  eighteen  hundred 
and  seventy-five,  under  the  direction  of  the  selectmen  of 
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 
the  said  city,  all  books,  papers,  moneys  and  other  prop- 
erty in  his  possession  as  town  treasurer  of  said  town, 
when  this  act  takes  efiect ;  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  efifect,  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. 
To  constitute  SECTION  3.     The  Said  territory  shall  constitute  a  part 

one.  of  ward  one  of  the  city  of  Boston,  and  shall  so  remain 

until  the  alteration  of  the  ward  limits  of  the  city  of  Bos- 
ton provided  by  law. 
Tnd  members  of  Section  4.  The  scvcral  poHcc  officers,  watchmen,  fire 
the  fire  depart-  engineers  and  firemen,  and  members  of  the  fire  department, 
in  ofiice,  in  said  town  of  Winthrop  when  this  act  shall  take 
effect,  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  the 
city  of  Boston  until  others  are  appointed  in  their  stead. 
^e^^anceV'tiie  Section  5.  This  act  shall  not  take  full  effect  unless 
voters  of  Boston  acccptcd  by  a  majority  of  the  legal  voters  of  the  city  of 
rop.  -g^gj-Qj^^  present  and  voting  thereon  hy  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 
Winthrop,  present  and  voting  thereon  by  ballot  at  a  meet- 
ing which  shall  be  held  in  said  town.  All  said  meetings 
shall  be  held  simultaneously  on  Tuesday  the  third  day  of 
November  of  the  present  year,  and  upon  notice  thereof 
duly  given,  at  least  seven  days  before  the  time  of  said 
meeting,  and  the  polls  shall  be  open  at  eight  o'clock  in  the 
forenoon  of  said  day,  and  shall  be  closed  at  four  and  one- 
half  o'clock  in  the  afternoon.  In  case  of  the  absence  of 
any  ward  officer  at  any  ward  meeting  in  said  cit}^,  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 


1874.— Chapter  322.  311 

purpose,  a  like  officer  may  be  choseu,  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 
officers  at  said  meetings.  Said  ballot  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-four,  entitled  'An  act  to  unite  the 
city  of  Boston  and  the  town  of  Wiuthrop '  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  meetings  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  citj'  of 
Boston,  in  open  ward  meeting,  and  shall  be  registered  in 
the  ward  records ;  and  in  the  town  of  Winthrop  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  in  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  Return  of  votes 
city  to  certify  as  soon  as  may  be  the  number  of  ballots  of  the  common. 
cast  in  said  city,  and  the  number  of  ballots  cast  in  fiivor  ^^^ 
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  the  town  clerk  of  the  town  of  Win- 
throp 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  accepting  of  this  act,  and  the  number  of  ballots 
cast  against  said  acceptance,  to  the  secretary  of  the  Com- 
monwealth. 

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 ; 


312  1874.— Chaptek  322. 

and  after  such  publication  and  declaration,  it  shall  not  be 
lawful  for  the  inhabitants  of  Winthrop  or  any  officer  of 
said  town  to  contract  any  loan  or  make  any  new  appropri- 
ations of  money,  or  to  disburse  any  money  except  in  ac- 
cordance  with   appropriations    and    orders   legally   made 
before  the  acceptance  of  this  act,  unless  the  same  shall 
first  be  approved  b}'  the  mayor  and  the  board  of  aldermen 
of  said  city  of  Boston. 
Submission  of        SECTION  6.     So  mucli  of  this  act  as  authorizes  and  di- 
a"ceptanc° ,  &c.   rccts  the  submissiou  of  the  question  of  the  acceptance  of 
this  act  to  the  legal  voters  of  said  city  and  said  town, 
respectivel}'',  provided  for  in  the  fifth  section  of  this  act, 
shall  take  effect  upon  its  passage. 
To  take  full  SECTION  7.     If  this  act  shall  be  accepted  as  herein  be- 

darin  January,  forc  providcd,  it  shall  take  effect  for  all  purposes,  except 
■^*^^'  as  mentioned  in  section  six,  of  this  act,  on  the  first  Mon- 

day   of    January    in    the    year    eighteen    hundred    and 
seventy-five. 
If  balloting  is  Section  8.     If  any  election  or  ballotiiig  upon  the  ques- 

s!  j'?c.,  ques-  ^  tiou  of  the  acceptance  of  this  act,  by  either  said  city  or  said 
submitted."^""  town,  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  said  city  or  said  town,  the  question  of 
acceptance  of  said  act  shall  be  again  submitted  to  the 
legal  voters  of  said  city  or  town,  and  a  meeting  thereof 
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  infor- 
mality ill  calling,  holding  or  conducting  the  election  or 
returning  the  votes  or  otherwise,  except  upon  proceedings 
instituted  therefor,  as  aforesaid. 
Right  to  votc^for  Section  9.  If  this  act  shall  be  accepted  as  provided  m 
section  five,  the  citizens  of  the  territory  by  this  act  an- 
nexed to  said  city  of  Boston,  shall  have  the  same  right  to 
vote  for  municipal  officers,  at  the  annual  municipal  elec- 
tion of  the  city  of  Boston,  in  the  year  eighteen  hundred 
and  seventy-four,  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.     Ajij^roved  June  10, 1874. 


municipal  offi 
cers 


L 


1874.— Chapters  323,  324,  325.  313 

An  Act  in  relation  to  the  place  of  holding  the  annual  meet-  qj      ooq 

ings  of  railroad  corporations. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  Eailroad  corporations  may  hold  their  an-  Annual  meet- 
imal  meetings  at  such  convenient  place  as  they  establish  ]°4a"t'pia''ce 
by  their  by-laws.  K^^''^" 

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

Apjoroved  June  11,  1874. 

An  Act  to  amend  the  charter  of  the  city  of  new  Bedford.      (JJi,    324. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  mayor  of  the  city  of  New  Bedford  ^Xm^n  of 
shall  be  ex  officio  a  member  of  the  school  committee  and  school  com- 

1      •  I?   ii        1  T  mittee. 

chairman  oi  the  board. 

Section  2.     This  act  shall  take  effect  on  the  first  Mon- 
day of  January  next.  Approved  June  11, 1874. 

An  Act  in  aid  of  williamsburg  and  Northampton.  (JJi^    325. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  county  commissioners  of  Hampshire  Pubiic  roads 
County  shall,  as  soon  as  may  be  after  the  passage  of  this  wnHmns'burgto 
act,  cause  the  public  roads  and  bridges  in  Williamsburg,  coumy!''*^^*^^ 
which  were  recently  destroyed  or  damaged  by  the  flood  in 
Mill  River,  to  be  rebuilt  and  repaired  with  all  necessary 
alterations  as  in  their  judgment  the  public  safety  and  con- 
venience may  require,  and  they  shall  direct  the  expenses 
and  charges  of  said  work  to  be  paid  out  of  the  treasury 
of  said  county  :  provided,  however,  that  said  work  shall  Proviso. 
not  be  begun  until  said  commissioners  have  submitted  to 
the  governor  and  council  a  plan  and  statement  of  the  re- 
quired work,  with  an  estimate  of  the  probable  expense, 
and  the  course  determined  upon  by  them  for  its  comple- 
tion, and  the  governor  and  council  have  approved  the 
same.    The  governor  and  council  are  authorized  to  employ 
a  competent  engineer,  or  expert  in  building  roads  and 
bridges,  to  superintend  said  Avork   so   far  as  they  shall 
deem  it  necessary  to  protect  the  interests  of  the  Common- 
wealth ;    he  shall   be  paid  from  the  state  treasury  such 
compensation  as  the  governor  and  council  shall  approve. 

Section  2.     Upon  the  completion  of  said  work,  said  Coumytobe 

*!  -"^  .  .         '  reimbursed 

commissioners  shall  make  a  written  statement  m  detail,  from  state  treas. 
under  oath,  of  their  doings  and  of  the  amount  of  actual  amomitof 
expenditure  incurred  as  herein  provided,  and  upon  its  ap-  ^^°°''^*^'^- 
proval  by  the  governor  and  council  there  shall  be  reim- 
bursed and  paid  out  of  the  state  treasury  into  the  treasury 

40 


314 


1874.— Chaptee  325. 


Collection  of 
balance,  if  any, 
to  be  paid  by 
town. 


Jurisdiction  of 
commissioners 
to  be  exclusive. 


Commissioners 
may  borrow 
$150,000. 


To  be  paid  by 
state. 


Abatement  of 
taxes. 


Amount  of 
abatements  to 
be  reimbursed 


of  said  county  one  hundred  thousand  dollars  to  be  applied 
to  defraying  the  expenditure  made  as  aforesaid  in  Will- 
iamsburg, or  such  portion  of  said  sum  as  shall  have  been 
actually  expended  as  aforesaid ;  the  balance  of  such  ex- 
penditures not  reimbursed  as  aforesaid,  if  any,  shall  be 
borne  by  said  town  or  by  said  county,  in  whole  or  in  part, 
as  said  commissioners  may  determine.  Reimbursements 
made  as  herein  provided  shall  be  applied  to  the  extin- 
guishment or  reduction  of  the  county  debt  incurred,  as 
hereinafter  provided. 

Section  3.  If  said  town  is  required  by  said  commis- 
sioners to  pay  any  portion  of  said  balance,  like  proceed- 
ings shall  be  had  for  the  collection  of  the  same,  and  like 
authority  and  power  shall  be  vested  in  said  commissioners 
as  are  provided  in  sections  forty-nine  and  fifty  of  chapter 
forty-three  of  the  General  Statutes. 

Section  4.  For  the  purposes  of  this  act,  the  jurisdic- 
tion of  said  commissioners  over  said  roads  and  bridges 
for  the  performance  of  all  said  work  shall  be  exclusive. 

Section  5.  Said  commissioners  are  authorized  to  bor- 
row, upon  the  credit  of  said  county,  a  sum  not  exceeding 
one  hundred  and  fifty  thousand  dollars,  for  the  purpose 
of  carrying  into  effect  the  provisions  of  the  first  section 
of  this  act. 

Section  6.  Said  commissioners  shall  keep  an  accurate 
account  of  the  actual  services  performed  and  expenses 
incurred  by  each  one  of  them  under  the  provisions  of  this 
act,  and  upon  the  completion  of  said  work  shall  return  to 
the  governor  and  council  a  statement  of  said  services  and 
expenses,  under  oath.  The  governor  and  council,  upon 
their  approval  of  the  same,  shall  establish  the  compensa- 
tion of  each  of  said  commissioners,  and  payment  thereof 
shall  be  made  from  the  state  treasury 

Section  7.  The 
and  Northampton  for  the  present  year,  in  their  respective 
towns,  upon  the  application  of  any  person  claiming  to  be 
aggrieved  by  the  state,  county  and  town  taxes  assessed 
upon  him  for  the  present  year,  for  the  reason  that  his  tax- 
able property  has  been  destroyed  or  damaged  by  the 
recent  flood  in  Mill  River  in  said  towns,  are  authorized  to 
make  such  abatement  of  such  taxes  as  were  assessed  upon 
taxable  property  so  destroyed  or  damaged  as  they  shall 
judge  to  be  just  and  reasonable.  Said  assessors,  for  their 
respective  towns,   shall,  after  all  such  abatements  have 


assessors  of  taxes  of  Williamsburg 


1874.— Chapters  326,  327.  315 

been  made,  return  to  the  governor  and  council  a  written  ^^g^^gy^^'^'® 
statement  in  detail,  under  oath,  of  all  such  abatements, 
and  upon  the  approval  thereof  b}'  the  governor  and  coun- 
cil, the  amounts  of  actual  abatements  so  made  shall  be 
reimbursed  out  of  the  state  treasury  to  said  towns  respec- 
tively, as  follows  :  to  Williamsburg,  a  sum  not  exceeding 
five  thousand  dollars  ;  and  to  Northampton,  a  sum  not 
exceeding  twenty-five  hundred  dollars. 

Section  8.     No  abatement  of  taxes  as  aforesaid  shall  to°b?nm™^un- 
be  allowed  to  a  person  miless  he  makes  application  there-  '.e^s  application 
for  within  two  mouths  from  the  date  of  his  tax  bill.     The  two  months. 
decision  of  the  assessors  upon  any  application  for  abate- 
ment as  aforesaid  shall  be  final  so  far  as  concerns  the 
claims  of  the  applicant. 

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

Appi'ovcd  June  11,  1874. 

An  Act  in  addition  to  an  act  relating  to  the  municipal  (JJ^^    326. 

COURTS   of  the   city   OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows: 

Section  1 .  Section  seven  of  chapter  two  hundred  and  ^^''"2t?T7  ^ 
seventy-one  of  the  acts  of  eighteen  hundred  and  seventy- 
four  is  hereby  amended  so  as  to  read  as  follows  :  The 
concurrent  civil  jurisdiction  of  each  of  said  courts  with  any 
other  municipal,  district  or  police  court,  or  justice  of  the 
peace,  is  hereby  abolished :  provided,  hoivever,  that  suit 
ma}'  be  brought  in  any  district  or  county  where  one  or 
more  of  several  defendants  or  a  sole  defendant,  or  if  suit 
be  begun  by  trustee  process,  one  or  more  of  several 
trustees  or  a  sole  trustee  resides  or  has  his  usual  place  of 
business,  and  if  two  or  more  courts  or  any  of  said  courts 
and  a  justice  of  the  peace  have  jurisdiction  under  the  pro- 
visions of  this  and  the  preceding  section  the  court  or  jus- 
tice before  whom  proceedings  are  first  had  shall  thereupon 
have  exclusive  jurisdiction  therein. 

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

Approved  June  11,  1874. 

An  Act  to  establish  the  salaries  of  the  judge  and  register  r^-j      oo'r 

OF  probate  and  insolvency  for  the  county  of  HAMPSHIRE.  ^  '"  ' 

Be  it  enacted,  &c.,  as  follows  : 

The  judge  and  register  of  probate  and  insolvency  for  the  salaries  estab- 
county  of  Hampshire,  from  and  after  the  first  day  of  Jan-  "*'^^'^" 
uary  in  the  year  eighteen  hundred  and  seventy-four  shall 
receive  an  annual  salary  each  of  fourteen  hundred  dollars. 

Approved  June  11,  1874. 


316  1874.— Chaptees  328,  329,  330. 

Cll.      328.   A^  -^CT  CONCERNmO  THE  OLD  PUBLIC   PARADE  AND   TRAINING   FIELD 

IN  THE  TOWN  OF  AGAWAM. 

Be  it  enacted,  &c.,  as  follows: 
Agawam  may         SECTION  1.     The  towii  of  As^awam  is  authorized  to  iu- 

inclose  and  use        ,  -,  ,,  ,,  it*"  i  -\    j.       •     •  r-ii 

parade  ground    close  and   usc  the   Old  pul)hc  parade  and  tranimg  held, 
as  a  public  park,  g^^^j^^g  ^^  Feeding  Hills  parish,  so  called,  in  said  town, 

for  a  public  park,  and  to  grade,  level  and  beautify  the 

same ;   and  to  plant  and  set  out  shade  and  ornamental 

trees  on  the  same. 
May  make  rules      SECTION  2.     Said  towu  of  Agawaiii  is   authorized  to 

establish  such  rules  and  regulations  concerning  the  man- 

agement,  control  and  preservation  of  said  park  as  may  be 

deemed  necessary. 
Park  not  to  be         SECTION  3.     Said  towu  is  prohibited  from  selling  or 

using  or  suffering  said  park  to  be  used  or  occupied  for 

any  other  purposes  than  those  aforesaid. 
Existing  rights        SECTION  4.     This  act  shall  not  affect  or  impair  existing 
paired.  legal  rights,  if  any,  to  said  field. 

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

Aj^provecl  June  11,  1874. 

Ch.  329.  -^^  ^^"^  '^^  AMEND  SECTION  EIGHT  OF  CHAPTER  TEN  AND  SECTION 
THIRTEEN  OF  CHAPTER  SEVENTEEN  OF  THE  GENERAL  STATUTES 
RELATING  TO   COUNTY   AND   SPECIAL  COMMISSIONERS. 

Be  it  enacted,  &c.,  as  follows : 
Amendment  to        Section  1.    Scctiou  ciglit  of  chaptcr  tcu  of  thc  General 

G-   8   10   6  8 

Statutes  is  amended  by  striking  from  said  section  the 
words  "except  the  county  of  Dukes  County,"  also  the 
words  "except  in  the  county  of  Dukes  County." 
Amendment  to  Section  2.  Scctiou  thirteen  of  chapter  seventeen  of 
'  "  ''  '  the  General  Statutes  is  amended  by  striking  out  the  last 
clause  after  the  word  "thereon." 

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

Approved  June  11,  1874. 

f^h        SSO     -^-^  ^^'^  '^^  EXTEND  THE   TIME   ALLOWED  FOR  PAYING   STATE  AID   TO 
KjIL.      D0\J.        pjgj^^uLED   SOLDIERS   AND   SAILORS   AND   THEIR    FAMILIES,  AND   THE 
FAMILIES   OP  THE   SLAIN. 

Be  it  enacted,  &c.,  as  follows: 

Time  extended        The  Operation  of  chapter  one  hundred  and  seventy-two 

stateluTto        of  the  acts  of  the  year  eighteen  hundred  and  sixty-six,  and 

andsaiiors!'^''''^^  chapter  one  hundred  and  thirty-six  of  the  acts  of  the  year 

eighteen  hundred  and  sixty-seven,  so  far  as  the}^  provide 

for  the  payment  of  state  aid  to  disabled  soldiers  and  sailors 

and  their  families,  and  the  families  of  the  slain  residing  in 

this  Commonwealth,  is  hereby  extended  to  the  first  day  of 


k 


1874.— Chapters  331,  332.  317 

January  in  the  year  eighteen  hundred  and  eighty  :  2)ro-  provisos. 
vided,  that  the  decease  of  a  soldier  or  sailor  who  was  or 
shall  be  in  receipt  of  a  pension  from  the  United  States,  and 
state  aid  at  the  time  of  his  death,  shall  not  prevent  his 
family  from  receiving  state  aid  under  this  act;  and  ^provid- 
ing, further,  that  cit}^  and  town  authorities  shall  withhold 
the  aid  when,  in  their  judgment,  any  person  who  is  in 
receipt  of  a  pension  from  the  United  States  is  not  in 
necessitous  circumstances  or  sufficiently  disabled  to  pre- 
vent him  from  pursuing  his  ordinary  and  usual  vocation. 

Approved  June  11,  1874. 

An  Act  to  authorize  the  city  of  newburtport  to  subscribe  (Jj^^    331. 

FOR   AND   HOLD   STOCK   IN  THE    EXETER  AND   SALISBURY   RAILWAY 
COMPANY. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  city  of  Newburyport  may  subscribe  Newbuiyport 
for  and  hold  shares  in  the  capital  stock  or  the  securities  ot  ™'\he'Exe*te°/& 
the  Exeter  and  Salisbury  Railway  Company  in  accordance  Salisbury  r.  r. 
with  the  provisions  of  chapter  two  hundred  and  fifty-one 
of  the  acts  of  the  year  eighteen  hundred  and  seventy-four, 
the  same  as  though  said  railway  was  to  be  located   or 
terminate  in  said  city. 

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

Aj)proved  June  11, 1874. 

An  Act  to  authorize  the  Nashua,  acton  and  boston  railroad  pi      009 

COUP  ANY  TO  mortgage  ITS  RAILROAD  AND  FOR  OTHER  PURPOSES.       ^'^'      ^^'^• 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  Nashua,  Acton  and  Boston  Railroad  May  mortgage 
Company  is  authorized  to  mortgage  its  road,  franchise  and  cWse. 
equipment,  and  any  of  its  property,  real  and  personal,  to 
an  amount  not  exceeding  five  hundred  thousand  dollars, 
to  secure  such  bonds  as  may  be  issued  by  said  company 
pursuant  to  the  provisions  of  this  act,  with  interest  on  said 
bonds  at  the  rate  of  six  per  centum  per  annum. 

Section  2.  The  said  corporation  may  issue  its  bonds  May  issue 
to  be  secured  as  aforesaid,  for  the  purpose  of  paying  the 
present  indebtedness  of  the  company,  and  providing  means 
to  pay  the  same,  and  further  to  enable  said  company  to 
complete  its  road  to  its  point  of  intersection  with  the  Fram- 
"  ingham  and  Lowell  Railroad :  provided,  that  the  whole  Proviso, 
amount  of  the  outstanding  bonds  of  said  corporation  shall 
not  at  any  time  exceed  the  capital  stock  of  the  corpora- 
tion, actually  paid  in. 


318 


187^.— Chapters  333,  334. 


Time  for  loca- 
tion and  con- 
struction ex- 
tended. 


Doings  con- 
firmed. 


May  lease  road 
and  franchise. 


Section  3.  The  time  allowed  to  said  Nashua,  Actou 
and  Boston  Railroad  Company  for  locating  and  construct- 
ing the  remainder  of  its  road  is  hereby  extended  two  years 
from  the  passage  of  this  act. 

Section  4.  The  action  of  said  corporation  in  construct- 
ing and  operating  its  railroad  from  the  state  line  to  the  city 
of  Nashua  in  the  state  of  New  Hampshire  is  hereby  con- 
firmed and  made  A^alid. 

Section  5.  The  said  corporation  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  restrictions  to  which  it  would  otherwise  be 
subject. 

•    Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  12,  1874. 

dl        333  ^'^  ^^^  ^*^   INCORPORATE   THE   BLACKSTONE   SAVINGS   BANK. 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.  Daniel  Simmons,  John  S.  Needham,  Wel- 
come A.  Thayer,  Henry  C.  Kimball,  Austin  A.  Wheelock, 
their  associates  and  successors,  are  made  a  corporation  by 
the  name  of  the  Blackstone  Savings  Bank,  to  be  located  in 
the  town  of  Blackstone ;  with  the  powers  and  privileges, 
and  subject  to  the  duties,  restrictions  and  liabilities  set 
forth  in  the  general  laws,  Avhich  now  are  or  may  hereafter 
be  in  force  and  applicable  to  such  corporations. 

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

A^iproved  June  12,  1874. 


Blackstone 
Sanngs  Bank. 


Corporation 
dissolved. 


(7/i.    334.  -^N  Act  to  dissolve  the  boston,  hartfohd  and  erie  railroad 

COMPANY. 

Be  it  enacted,  &e.,  as  follows  : 

Section  1.  The  corporation  known  in  this  Common- 
wealth as  the  Boston,  Hartford  and  Erie  Railroad  Com- 
pany, and  declared  to  be  a  corporation  by  that  name  by 
chapter  one  hundred  and  forty-five  of  the  acts  of  eighteen 
hundred  and  sixty-eight,  is  hereby  dissolved,  subject  to 
the  provisions,  so  far  as  the  same  are  applicable  thereto, 
of  sections  thirty-six  and  thirty-seven  of  chapter  sixty- 
eight  of  the  General  Statutes. 

Section  2.  Nothing  in  this  act  contained  shall  be  con- 
strued to  prejudice  or  impair  any  right,  power,  franchise 
or  title  of  the  corporation  named  the  New  York  and  New 
England  Railroad  Company,  or  of  the  trustees  under  the 


Rights  not  to  he 
impaired. 


1874.— Chaptees  335,  336.  319 

mortgage  to  Robert  H.  Berdell  and  others,  dated  March 
nineteenth,  eighteen  hundred  and  sixty-six,  referred  to  in 
chapter  two  hundred  and  eighty-nine  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-three,  or  of  the  assignees 
in  bankruptcy  of  said  Boston,  Hartford  and  Erie  Railroad 
Company,  or  of  any  person  claiming  title  under  said  last 
named  corporation,  or  under  any  of  its  predecessors  or 
successors  in  title  or  estate  ;  nor  to  affect  any  suit  now 
pending  or  which  may  be  brought,  or  any  claim  or  lien  now 
existing  or  which  may  hereafter  accrue,  or  any  remedy 
thereon  against  said  Boston,  Hartford  and  Erie  Railroad 
Company  or  any  such  predecessor  or  successor. 

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

AxiprovedJune  12, 1874. 

An  Act  to  authorize  the  payment  of  expenses  of  a  coroner's  /^7,      3^^ 

inquest  from  the  treasury  of  the  county  of  ha3ipshire. 
Be  it  enacted,  &c.,  asfolloios: 

Section  1.     The  county  commissioners  of  the  county  Expenses  of 
of  Hampshire  may  allow  to  Ansel  Wright,  a  coroner  of  wluiamsburg. 
said  county  of  Hampshire,  now  holding  an  inquest  upon 
the  view  of  dead  bodies  of  persons  supposed  to  have  come 
to  their  death  by  the  breaking  of  the  reservoir  in  the  town 
of  Williamsburg,  from  the  county  treasurer  of  said  county, 
a  reasonable  sum  not  exceeding  one  thousand  dollars,  for 
the  payment  of  such  stenographers,  extra  clerical  assist- 
ance, experts,  witnesses,  and  the  advice  of  counsel,  as  the 
said  coroner  shall  judge  necessary  to  be  employed  under 
his  direction,  for  the  full  investigation  of  the  matters  pend- 
ing before  said  inquisition,  upon  the  presentment  of  bills 
by  said  coroner  for  expenses  incurred  for  any  of  the  pur- 
poses aforesaid,  to  be  approved  by  said  commissioners. 
Section  2.     This  act  shall  take  effect  upon  its  passage. 

Ap2:)roved  June  12,  1874. 

An  Act  in  addition  to  an  act  relatin^g  to  district  courts,  r^i      qq/^ 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  In  all  cases  and  proceedings  in  district  Appeals  to  the 
courts,  except  where  a  jury  trial  is  had,  or  where  the  value 
of  the  property  replevied  or  the  amount  claimed  in  the 
writ  does  not  exceed  fifty  dollars,  appeals  shall  lie  to  the 
superior  court  for  the  county  in  the  manner  now  provided 
by  law  for  taking  appeals  from  the  judgments  of  justices 
of  the  peace.  In  actions  and  proceedings  where  trial  by 
jury  is  had,  exceptions  from  each  of  said  courts  in  matters 


320 


1874.— Chapter  336. 


Repeal  of  1874, 
36,  §  4. 


Compensation 
of  special  jus- 
tices. 


Proviso. 


of  law  shall  lie  to  the  superior  court  for  the  county,  shall 
be  entered  at  the  then  existing  or  next  ensuing  term  of 
said  court,  and  shall  be  heard  and  determined  in  the  man- 
ner, and  at  times,  to  be  prescribed  by  general  rules  of  said 
superior  court.  Any  party  deeming  himself  aggrieved  by 
such  determination,  may  cause  such  exceptions  to  be  en- 
tered, heard  and  determined  in  the  supreme  judicial  court, 
under  the  same  conditions,  in  the  same  manner,  and  with 
the  same  effect,  as  if  said  exceptions  had  originally  been 
taken  and  allowed  in  the  superior  court :  provided,  how- 
ever, that  where  such  exceptions  are  sustained  by  the 
superior  court,  the  cause  shall  be  at  once  remanded  to  the 
district  court  for  a  new  trial;  and  jirovided,  further ,  that 
in  all  cases  of  exceptions  or  appeals  on  matters  of  law,  if 
the  judgment  or  rulings  of  the  district  court,  being  affirmed 
by  the  superior  court,  are  also  affirmed  l)y  the  supreme 
judicial  court,  the  prevailing  party  shall  recover  double 
costs,  unless  the  supreme  judicial  court  shall  otherwise 
order. 

Section  2.  So  much  of  section  four  of  chapter  thirty- 
six  of  the  acts  of  one  thousand  eight  hundred  and  seventy- 
four,  as  authorizes  district  courts  to  report  cases  for  the 
determination  of  the  supreme  judicial  court,  is,  and  all 
acts  and  parts  of  acts  inconsistent  herewith,  are  hereby 
repealed. 

Section  3.  The  justice  of  any  district  court  may  retain 
to  his  own  use  from  the  fees  received  in  his  court  all  sums 
paid  by  him  for  services  of  any  special  justice  of  said  court ; 
in  addition  to  such  sums  as  may  be  now  paid  under  exist- 
ing laws  to  a  special  justice  when  two  or  more  sessions  of 
the  court  are  held  at  the  same  time  :  provided,  the  sum  so 
retained  shall  not  in  any  one  year  exceed  eight  per  cen- 
tum of  the  annual  salary  of  such  justice.  But  no  justice 
or  clerk  of  a  district  court  shall  receive  any  compensation 
whatever  other  than  the  salary  provided  by  law  for  his 
office  for  the  performance  of  any  official  duty  connected 
therewith. 

Section  4.  This  act  shall  take  effect  upon  its  passage, 
but  shall  not  affect  any  case  in  which  exceptions  have 
already  been  taken  or  questions  reported  to  the  supreme 
judicial  court  under  the  provisions  of  existing  laws. 

Approved  June  12,  1874. 


1874.— Chaptee  337.  321 

Ak  Act  to  establish  the  secoxd  district  court  of  eastern  rij^     337 

WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  towns  of  Clinton,  Berlin,  Bolton,  second  district 
Harvard,  Lancaster  and  Sterling  shall  constitute  a  judicial  Worcester!^  ^ 
district  under  the  jurisdiction  of  the  court  hereb}*  estab- 
lished, by  the  name  of  the  Second  District  Court  of  East- 
ern "Worcester.  Said  court  shall,  except  as  hereinafter 
provided,  have  the  same  jurisdiction,  power  and  authority, 
shall  perform  the  same  duties,  and  be  subject  to  the  same 
regulations  as  are  provided  with  respect  to  existing  police 
courts,  except  the  municipal  courts  of  Boston,  by  chapter 
one  hundred  and  sixteen  of  the  General  Statutes  and  by 
all  general  laws  passed  in  amendment  thereof,  applicable 
to  the  several  police  courts  of  the  Commonwealth ;  and 
all  provisions  of  law  relating  to  criminal  and  civil  proceed- 
ings, the  taxation  of  costs,  the  payment  of  fines,  the  ex- 
penses of  court,  the  accounting  and  settling  with  county 
and  town  for  money  paid  into  court  as  forfeitures  or  other- 
wise, and  all  other  returns  and  requirements  of  law  appli- 
cable to  the  several  police  courts  of  the  Commonwealth, 
except  those  before  mentioned,  shall  apply  to  the  second 
district  court  of  eastern  Worcester. 

Section  2.     Said   district    court    shall   consist  of  one  One  justice  and 
standing  justice  and  two  special  justices,  to  be  appointed,  tkes!^^"^^  ''^^' 
commissioned  and  qualified  pursuant  to  the  constitution 
and  laws  of  the  Commonwealth. 

Section  3.     A  clerk  of  said  court  shall  be  appointed  ^lerk. 
and  commissioned  by  the  governor,  and  shall  faithfully 
perform  all  services  required  by  law  of  the  clerks  of  like 
courts  in  this  Commonwealth. 

Section  4.     Either  of  the  lustices  may  issue  warrants  Either  of  jus- 

11  -ikT.v'  /.ji  ini  tlces  may  issue 

in  all  proper  cases.     JNo  justice  or  the  peace  shall  here-  warrants. 
after  be  allowed  any  fees  for  warrants  issued  within  said 
district,   and  all  warrants  so  issued  shall  be  returnable 
before  said  court. 

Section  5.  Said  court  shall  be  held  in  Clinton,  and,  S'JJandd.di'"'' 
for  criminal  business  daily,  at  nine  o'clock  in  the  forenoon,  business. 
except  on  Sundays  and  legal  holidays,  in  some  suitable 
place  to  l)e  furnished  by  the  county  of  "Worcester.  Said 
court  shall  be  held  for  civil  business  on  the  second  and 
fourth  Saturdays  of  each  month  and  actions  therein  may 
be  continued  to  any  future  day. 

Section  6.     The  standing  justice  shall  receive  an  annual  f^^f^  "^J***- 

41 


322 


18T4.— Chaptee  337. 


Compensation 
of  special  jus- 
tices. 


Jurisdiction  of 
the  court. 


Right  of  appeal 
to  superior 
court. 


Jurors  to  be 
summoned  from 
towns  in  the 
district. 


Proceedings 
already  com- 
menced to  be 
prosecuted,  de- 
termined, &c. 


salary  of  twelve  huudred  dollars  to  be  paid  from  the  treas- 
ury of  the  Commonwealth  ;  the  compensation  of  the  spe- 
cial justices  shall  be  determined  and  paid  in  the  manner 
now  provided  by  law  for  special  justices  of  police  courts  ; 
and  the  clerk  of  said  court  shall  receive  an  annual  salary 
of  six  hundred  dollars  to  be  paid  from  the  treasury  of  the 
Commonwealth. 

Section  7.  Said  court  shall  have  concurrent  jurisdic- 
tion with  the  superior  court  in  the  county  of  Worcester  in 
all  personal  actions  in  which  the  debt  or  damages  de- 
manded, or  property  replevied,  does  not  exceed  in  amount 
or  value  three  hundred  dollars,  and  on  the  return  day  of 
the  writ  either  party  may  demand  a  trial  by  jury,  in  writ- 
ing, which  shall  be  granted  by  said  court.  If  neither 
party  demand  a  trial  by  jury,  the  right  to  have  such  trial 
shall  be  taken  to  be  waived.  The  jury  trial  shall  be  in 
accordance  with  the  provisions  of  chapter  one  hundred  and 
thirty-two  of  the  General  Statutes  and  the  judgment  of 
said  court  in  all  actions  in  which  the  title  to  real  estate  is 
not  put  in  issue  by  the  pleadings,  shall  be  final,  unless 
appeal  is  taken  therefrom,  or  exceptions  and  appeals  on 
matters  of  law  are  had,  as  hereinafter  provided. 

Section  8.  In  all  cases  in  said  court,  except  where  a 
jury  trial  is  had,  or  the  value  of  the  property  replevied, 
or  the  amount  claimed  in  the  writ  does  not  exceed  the 
amount  of  fifty  dollars,  either  party  may  appeal  to  the 
superior  court  in  the  manner  now  provided  by  law  for 
taking  appeals  from  the  judgment  of  justices  of  the  peace  ; 
and  in  cases  where  a  jury  trial  is  had,  exceptions  and  ap- 
peals on  matters  of  law  may  be  had  to  the  supreme  judi- 
cial court  in  the  manner  now  provided  by  law  for  taking 
exceptions  and  appeals  from  the  superior  court  to  the 
supreme  judicial  court. 

Section  9.  When  a  jury  becomes  necessary  for  the 
trial  of  any  action  or  proceeding  in  said  district  court 
under  the  provisions  of  this  act,  the  justice  of  said  district 
court  is  authorized  and  required  to  issue  writs  of  venire 
facias  directed  to  the  sherifi"  of  the  county  or  either  of  his 
deputies,  or  a  constable  of  any  city  or  town  in  the  district, 
for  the  summoning  of  jurors  ;  and  the  jurors  shall  be  sum- 
moned from  the  towns  in  the  judicial  district. 

Section  10.  All  proceedings  duly  commenced  before 
any  trial  justice  or  justice  of  the  peace  for  said  county, 
within  said  district,  before  this  act  takes  full  eifect,  shall 


1874.— Chapter  337.  323 

be  prosecuted  and  determined  as  if  this  act  had  not  been 
passed,  and,  except  as  herein  provided,  the  jurisdiction  of 
trial  justices  and  justices  of  the  peace  shall  be  excluded 
within  the  judicial  district  created  by  this  act. 

Section  11.     No  writ  or  process  issued  by  said  district  writs  not  to 

.    .,  .  ^     T  1     n  •    J.  1       run  into  another 

court  m  civil  actions  or  proceedings,  shall  run  into  or  be  county,  except, 
served  in  any  county  other  than  Worcester  County,  except 
as  provided  in  section  seven  of  chapter  one  hundred  and 
twent}'",  and  in  section  seventy-seven  of  chapter  one  hun- 
dred and  forty-tAvo  of  the  General  Statutes.  And  in  all 
civil  actions  in  said  court,  wherein  the  writ  or  process  is 
served  upon  the  defendant  in  any  county  other  than 
Worcester  County,  except  as  above  provided,  if  the  plain- 
tiff names  a  sum  not  exceeding  twenty  dollars,  for  debt  or 
damages,  he  shall  be  entitled  to  no  costs,  except  as  pro- 
vided in  the  following  section  ;  but  the  defendant  shall 
recover  the  costs  to  which  he  would  have  been  entitled 
had  he  been  the  prevailing  party. 

Section  12.     If  the   plaintiff's  claim  in  a  writ  seiwed  cfaK'reduced 
upon  the  defendant  out  of  Worcester  County  as  established  to  S20,  by  set- 

,  •!  T  Til  -I     '  ^  T   J.      J.^      J.  oils,  party  re- 

on  the  trial  exceeds  twenty  dollars,  and  is  reduced  to  that  covering  shaii 

.  1  ,1  -,    1  1.      /v  1  •    ^  11   have  his  costs. 

amount  or  less,  or  overbalanced  by  set-ons  which  could 
not  have  been  proved  in  payment,  it  shall  be  considered 
for  the  purposes  of  the  preceding  section  as  having  ex- 
ceeded twenty  dollars,  and  the  party  who  finally  recovers 
judgment  in  the  suit,  shall  be  entitled  to  his  costs. 

Section  13.     The  iustice  of   said  district  court  may  Justice  may 

..,,,.  ''  f,  .in  •        T  •  •  -I  ^    retain  from  fees 

retain  tor  his  own  use,  tromthe  tees  received  m  said  court,  eight  per  cent. 
all  sums  paid  by  him  for  the  services  of  any  special  jus-  compenLdon 
tice  :  provided,  the  sum  so  retained  shall  not  in  any  one  tf^esr'^^ ^"*' 
year,    exceed   eight  per  centum  of  the  annual  salary  of 
such  justice  ;  but  no  justice  of  said  court  shall  receive  any 
compensation  besides  his  regular  salary  or  allowances  for 
making  or  issuing  complaints,  warrants,  subpoenas  or  other 
process  which  he  is  by  law  authorized  to  issue,  or  for  any 
service  performed  by  him  in  the  discharge  of  his  official 
duties  in  said  court. 

Section  14.     This  act  shall  take  effect,  so  far  as  relates  when  to  take 
to  appointing,  commissioning  and  qualifying  the  justices 
and  clerk  of  said  district  court,  upon  its  passage,  and  it 
shall  take  full  effect  upon  the  first  day  of  July  next. 

Approved  June  18, 1874. 


324  1874.— Chaptees  338,  339. 

Ch.    338.  An  Act  to  establish  the  salaries  of  the  justice  and  clerk  of 

THE  municipal  COURT  OF  THE   DORCHESTER  DISTRICT  OF  THE  CITY 
OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows: 
dci^Ind  °iirk'        The  annual  salaries  of  the  justice  and  clerk  of  the  muni- 
cipal court  of  the  Dorchester  district  in  the  city  of  Boston 
shall  be  sixteen  hundred  dollars  and  one  thousand  dollars 
recipectively  commencing  on  the  first  day  of  July  next. 

Approved  June  18,  1874. 

Gil.  339.  -^  -^^^  ^^  PROMOTE  THE  MORE  SPEEDY  AND  CONVENIENT  ADSIINIS- 
TRATION  OF  JUSTICE  IN  THE  COUNTIES  OF  BERKSHIRE,  FRANKLIN, 
HAMPSHIRE   AND   HAMPDEN,   AND   FOR   OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 
Probate  appeals      SECTION  1.     For  the  hearing  of  probate  appeals  in  the 

in  four  western  .  /•  t-.       i     i  •  t-i         i  i-        tt  i  •  i  tt 

counties.  couutics  oi  Berkshire,  i'ranklm,  Hampshire  anci  Hampden, 

and  of  all  matters  pending  in  said  counties  in  equity  and 
otherwise  which  may  be  heard  and  determined  at  chambers, 
one  of  the  justices  of  the  supreme  judicial  court  shall 
attend  at  the  court  house  in  Springfield  on  the  first  Mon- 
day of  February,  June,  August  and  December,  and  from 
day  to  day  thereafter  as  the  state  of  business  may  require, 
and  the  said  justice  may  by  rescript  certify  to  the  respec- 
tive clerks  of  the  courts  for  said  counties,  any  orders  or 
decrees  made  by  him  in  said  matters,  which  when  received 
and  entered  upon  the  proper  docket  shall  have  the  same 
efi'ect,  as  if  made  at  an  established  term  of  the  court  for 
said  county. 
ifaTa°fn™'tL^*'  Section  2.  At  auy  time  after  the  rule  day  at  ^vhich 
after  the  rule  auy  probate  appeal  may  be  entered  in  said  court  for  either 
appeal  was  en-  of  Said  couutics,  the  Said  appeal  shall  be  deemed  ready  for 
a  hearing  and  may  be  heard  before  the  justice  holding  ses- 
sion at  Springfield  as  above  provided,  unless  there  shall  be 
an  order  for  a  jury. 
i^^equitysuit'or  Section  3.  Whcuever  in  any  equity  suit  or  probate 
probate  appeal,  appeal  pending  in  any  county  in  this  Commonwealth, 
an  issue  shall  arise  properl}^  triable  by  a  jury,  and  the 
regular  term  for  such  trial  shall  not  foil  within  three 
months  from  the  making  up  of  such  issue,  it  shall  be  com- 
petent for  an}'"  justice  of  the  supreme  judicial  court  in  term 
or  at  chambers,  to  order  the  clerk  of  said  court  for  the 
county  where  the  cause  is  pending,  to  summon  a  jury  in 
the  ordinary  manner  to  try  any  issue  which  may  be  em- 
braced in  said  order,  and  the  procedure  at  said  trial,  shall 
be  in  all  respects  the  same  as  if  had  at  a  regular  term  of 


1874.— Chaptees  340,  341.  325 

said  court,  and  the  record  thereof  shall  be  of  the  same  ■ 
force  and  effect  as  any  other  record  of  the  court. 

Section  4.     The  justices  of  the  supreme  judicial  court  Ruiesmaybe 
may  from  time  to  time  make  such  rules  as  may  be  deemed  d«;g?  ^  ^"*' 
by  them  necessary  for  the  more  speedy  aaid  convenient 
hearing  or  trial  of  any  matter  cognizable  hj  said  court  or 
any  justice  thereof  under  the  provisions  of  this  act. 

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

Approved  June  18,  1874. 

An  Act  concerning  the  right  of  dower.  (JJi^    340. 

Be  it  enacted,  &c.,  as  follows: 

Section   1.     Whenever   final  judgment   has   been   re-  men  judgment 
covered  by  the  demandant  in  a  writ    of   dower,   execu-  wrUo°f  dower" '^ 
tiou  shall  issue  thereon  for  the  possession  and  for  costs ;  fg^ue'!''"'^  ^° 
and  if  judgment  be  recovered  for  damages  the  execution 
shall  be  for  the  damages  also. 

Section  2.     Section  nine  of  chapter  four  hundred  and  f^l^ ^^g °^ ^^*'^' 
eighteen  of  the  acts  of  eighteen  himdred  and  sixty-nine  is 
repealed. 

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

Approved  June  18,  1874. 

An  Act  in  relation  to  damages  sustained  by  the  laying  out  or  fij.      q^i 

ALTERING  OF  HIGHWAYS  AND  OTHER  WAYS.  "      *^^^' 

Be  it  enacted,  &c.,  as  folloios: 

Section  1.  If  a  person  aggrieved  by  the  indemnity  Damages  from 
awarded  to  him  or  by  the  assessment  of  his  damages  sus-  alferilg  ifigh- 
tained  l)y  the  laying  out,  widening,  altering,  re-locating  or  ^*^'®'  ^°' 
discontinuance  of  any  highway,  street,  town  way,  foot- 
way or  private  way,  omits  to  file  his  petition  for  a  jury  to 
assess  his  damages  within  one  year  from  the  time  of  such 
laj'ing  out,  widening,  altering,  re-locating  or  discontinu- 
ance, and  he  has  not  received  actual  notice  thereof  at  least 
sixty  days  before  the  expiration  of  such  year,  he  may  at 
any  time  within  six  months  after  his  land  shall  have  been 
actually  entered  upon  for  the  construction  or  alteration  of 
such  way,  or  after  the  actual  closing  of  the  way  upon  such 
discontinuance,  file  his  petition  for  the  assessment  of  his 
damages  b}^  a  jury  in  the  superior  court,  and  if  it  appears 
that  he  has  not  had  such  notice  the  court  shall  allow  such 
petition  to  be  prosecuted  in  the  same  manner  and  with  the 
same  eflect  as  if  the  same  had  been  filed  within  said  year. 

Section  2.     Such  petition  maybe  filed  in  term  time  Petition  may  be 
or  vacation  ;  and  if  filed  in  vacation  the  clerk  may  issue  an  lint. 


filed  in  term 

I  or  vaca. 

tion. 


326 


1874.— Chapters  342,  343. 


Damages  for 
land  taken  for 
school-houses. 


order  of  notice  thereon  returnable  to  the  term  of  the  court 
next  to  be  held  after  thirty  days  therefrom. 

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

Approved  June  18,  1874. 

Cll        342.   ^^  ^^"^  ^^  AMEND  CHAPTER  THIRTY-EIGHT   OF   THE   GENERAL   STAT- 
UTES IN  RELATION  TO  TAKING  LAND  FOR  SCHOOL  PURPOSES. 

Be  it  enacted,  t&c,  as  folloios: 

Section  1.  When  land  has  been  designated  by  a  city 
council,  town,  school  district  or  those  acting  under  its 
authority  or  determined  upon  by  the  mayor  and  aldermen, 
of  a  city,  or  by  the  selectmen  of  a  town  as  a  suitable  place 
for  the  erection  of  a  school-house  and  necessary  buildings, 
or  for  enlarging  a  school-house,  or  school-house  lot,  the 
mayor  and  aldermen,  or  the  selectmen  may  proceed  to  select, 
at  their  discretion,  and  to  lay  out  a  school-house  lot  or  an 
enlargement  thereof  and  to  appraise  the  damages  to  the 
owner  of  such  laud  in  the  manner  provided  for  laying  out 
town  waj^s  and  appraising  damages  sustained  thereby  ;  and 
upon  such  selection  and  laying  out  of  such  lot,  or  any  en- 
largement thereof  being  accepted  and  adopted  by  the  city 
council,  or  the  town,  the  land  shall  be  taken,  held  and 
used  for  the  purpose  aforesaid.  But  no  lot  so  taken  or 
enlarged  shall  exceed  in  the  whole  eighty  square  rods, 
exclusive  of  the  land  occupied  by  the  school  buildings. 

Section  2.  Section  thirty-eight  of  chapter  thirty-eight 
of  the  General  Statutes  and  chapter  twenty-six  of  the  acts 
of  the  year  eighteen  hundred  and  sixty-nine  are  hereby 
repealed,  but  such  repeal  shall  not  afl'ect  any  act  done,  or 
apply  to  any  proceedings  had  or  commenced  before  this 
act  shall  take  effect.  Ajjproved  June  18, 1874. 

Ch.    343.  An  Act  to  amend  the  charter  of  the  charitable  association 

OF  the  boston  fire  department. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  act  to  incorporate  the  Charitable 
Association  of  the  Boston  Fire  Department,  approved  on 
the  thirteenth  day  of  February,  eighteen  hundred  and 
thirty,  and  the  act  in  addition  thereto,  approved  on  the 
seventeenth  day  of  April,  eighteen  hundred  and  thirty- 
eight,  are  amended,  so  as  to  include  within  the  parties 
eirtitled  to  membership  of  said  corporation  and  to  the 
benefits  thereof  the  members  of  the  Boston  Protective 
Department. 

Section  2.  The  first  section  of  the  said  act  of  eighteen 
hundred  and  thirty-eight  is  amended,  so  that  the  payment 


Repeal  of  G.  S. 
38,  §  38, 1869,  26. 


Charter 
amended. 


Fee  for  member- 
shiiJ  fixed  at  $5. 


1874.— Chapters  344,  345,  346.  327 

for  membership  may  be  fixed  at   five  dollars  instead  of 
one. 

Section  3.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  June  18,  1874. 

An  Act  to  protect  the  use  of  ai-phabeticax  lists  of  voters.      (Jj^^    344. 
Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.  AYhoever,  in  an  assembly  of  people,  met  Penalty  for 
for  a  lawful  pm-pose,  at  which  an  alphabetical  list  of  voters  fauename. 
is  used  in  voting,  votes  or  attempts  to  vote  imder  any 
name  other  than  his  own,  shall  be  punished  by  a  fine  not 
exceeding  fifty  dollars,  or  by  imprisonment  in  the  jail  not 
exceeding  thirty  days,  on  complaint  in  any  court  of  com- 
petent jurisdiction. 

Section  2.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  June  18,  1874. 

An  Act  to  authorize  the  first  congregational  society  in  rij,      o^r 

NATICK   TO   SELL  CERTAIN   REAL   ESTATE.  O     O. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  First  Congregational  Society  in  Natick  May  sen  real 
is  authorized  to  sell  the  whole  or  any  such  part  of  the  land 
now  owned  by  it  in  said  Natick,  formerly  the  site  of  a 
meeting-house  belonging  to  said  society,  as  by  its  vote,  at 
a  meeting  regularly  called  for  that  purpose,  shall  be 
determined. 

Section  2.     The  parish  committee,  for  the  time  being,  Parish  commit- 
shall  have  power  to  execute  the  deed  of  the  land  so  sold  d«ed? 
to  the  purchaser  or  purchasers. 

Section  3.     This  act  shall  take  efi'ect  upon  its  passage. 

Approved  June  18,  1874. 

An  Act  concerning  practice  in  probate  courts,  and  to  relieve  qj^     oj^g 

PARTIES  affected  BY  UNAUTHORIZED  ACTS  OF  EXECUTORS,  AD:MIN-  ' 

istrators,  guardians  and  trustees. 
Be  it  e7iacted,  &c.,  as  folloios : 

Section  1.     Whenever  the  authority  or  validity  of  any  when  act  of 
act  or  proceeding  of  a  person  acting  as  executor,  adminis-  frreguia?!  app " 
trator,  guardian  or  trustee  shall  be   called  in  question  by  madTtoprobate 
reason  of  any  alleged  irregularity,  defective  notice,  or  want  '^o"'^- 
of  authority  in  such  person,  any  party  interested  in  or 
afi'ected  by  the  same  may  apply  to  the  probate  court  hav- 
ing jurisdiction  of  the   subject-matter  in  respect  to  which 
the  act  or  proceeding  in  question  has  been  had,  and  the  Act  may  be  con- 
court,  after  notice  to  all  parties  interested,  may  hear  and  o?Tnpart.^^°^^ 
determine  the  matter,  and  confirm  the  act  or  proceeding. 


328  1874.— Chapter  347. 

in  whole  or  in  part,  and  authorize  and  empower  the  exec- 
utor, administrator,  guardian  or  trustee  aforesaid,  or  any 
successor  or  other  person  who  maj  be  legally  appointed 
to  act  in  the  same  capacity,  to  ratify  and  confirm  the  same, 
and  to  execute  and  deliver  such  deeds,  releases,  convey- 
ances or  other  instruments  as  may  be  found  necessary  for 
that  purpose  :  provided,  that  no  act  or  proceeding  which 
the  court  might  not  have  authorized  in  the  first  instance, 
upon  proper  application,  duly  made,  shall  be  so  confirmed 
under  any  construction  or  authority  of  this  act. 
Acijudication  by  SECTION  2.  Whenever  a  license  is  granted  by  the  pro- 
to  be  final  so  far  bate  court  for  tlic  salc  or  mortgage  of  real  estate  to  pay 

as  same  shall         ,1  nix  ii  /•  ti 

affect  title.  thc  dcbts  aud  charges  of  a  deceased  person  or  person 
under  guardianship,  the  adjudication  of  the  judge  of  the 
probate  court  as  to  the  existence  of  such  debts  and  charges 
shall  be  final,  so  far  as  the  same  shall  afiect  any  title  ac- 
quired by  virtue  of  such  license,  but  nothing  herein  con- 
tained shall  afiect  the  right  of  the  executor,  administrator 
or  guardian  to  contest  the  validit}^  of  such  debts  and 
charges. 
Notice  may  be  Section  3.  lu  QWY  procccdiug  iu  the  probatc  court  the 
when  all  parties  notice  required  by  law  may  be  dispensed  with  when  all 
parties  entitled  thereto  shall,  in  writing,  signify  their 
assent  to  such  proceediug  or  waive  notice. 

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

Ajjjproved  June  19,  1874. 

Ch.      347.  ^  "^^^  ^  KELATION   TO   STRUCTURES   IN   TIDE-WATERS. 

Be  it  enacted,  &c.,  asfolloivs  : 

Harbor  commis-      SECTION  1.     The    board    of    harbor   commissioners   is 

license  persons    authorlzcd  aud  cmpowd'cd  to  license  any  person  to  build 

tend^whancs!    or  extciid  auy  wharf,  construct  any  pier,  dam,  sea-Avall, 

road,  bridge  or  other  structure,  or  to  fill  land    or   flats 

below  high-water  mark  and  beyond  the  line  of  riparian 

ownership  in  and  over  tide-water  along  the  shore  of  which 

no  commissioners'  or  harbor  line  has  been  established  by 

Provisos.  law :  provided,  hoicever^  that  no  such  license  shall  have 

any  validity  be^^ond  the  line  of  riparian  ownership  unless 

approved   by    the   governor  aud  council ;   and  provided, 

further,  that  no  such  license  shall  be  granted  under  the 

authority  of  this  act  for  the  construction  of  a  bridge  across 

any  river,  cove  or  inlet  in  any  location  not  above  the  line 

of  some  existing  bridge  or  other  structure  authorized  by 

law  over  such  tide-water  in  which  there  is  iu  fact  no  draw 

and  in  which  the  law  does  not  require  that  a  draw  be  con- 


1874.— Chaptee  348.  329 

structed  or  maintained  or  in  case  the  mayor  and  aldermen 
of  the  city  or  the  selectmen  of  the  town  within  the  limits 
of  which  the  work  licensed  is  to  be  done  shall  after  the 
notice  to  them  required  by  law  appear  and  oppose  the 
granting  df  the  same.  But  the  recital  in  such  license  that 
no  such  opposition  has  been  made  and  the  recital  in  any 
license  of  the  said  board  that  the  notice  required  by  law 
has  been  given  shall  be  conclusive  evidence  of  the  facts 
recited. 

Section  2.     Every  license  granted  under  the  authority  Licenses  subject 
of  this  act  shall  be  subject  to  the  provisions  of  the  third  i87^™36?§§3°4. 
and  fourth  sections  of  the  two  hundred  and  thirty-sixth 
chapter  of  the  acts   of  the   year   eighteen   hundred  and 
seventy-two. 

Sectio]^  3.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  19, 1874. 

An  Act  relating  to  the  Massachusetts  school  fuxd.  /^t      o^q 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  One-half  of  the  annual  income  of  the  Mas-  Distribution  of 
sachusetts  school  fund  shall  be  apportioned  and  distributed  come  of  s°chooi 
for  the  support  of  public  schools  without  a  specific  appro-  [owns^'^dcuies. 
priation,  and  in  the  manner  following,  to  wit :  Each  town 
complying  with  all  laws  in  force  relating  to  the  distribution 
of  said  income,  and  whose  valuation  of  real  and  personal 
estate,  as  shown  by  the  last  returns  thereof,  does  not 
exceed  one  million  dollars,  shall  annually  receive  two  hun- 
dred dollars;  each  town  complying  as  aforesaid,  whose 
valuation  is  more  than  one  million,  and  does  not  exceed 
three  million  dollars,  shall  receive  one  hundred  and  fifty 
dollars  ;  and  each  town  complying  as  aforesaid,  whose  val- 
uation is  more  than  three  million  and  does  not  exceed  five 
million  dollars,  shall  receive  one  hundred  dollars.  The 
remainder  of  said  moiety  after  the  division  above  provided, 
shall  be  distributed  to  all  the  towns  and  cities  of  the  Com- 
monwealth whose  valuation  does  not  exceed  ten  million 
dollars,  in  proportion  to  the  number  of  persons  belonging 
to  each,  between  five  and  fifteen  years  of  age. 

Section  2.     All  money  appropriated  for  other  educa-  Appropriations 

•  •  -t  1  xi  •  'ii-xi  J.  for  educational 

tional  purposes,  imless  otherwise  provided  m  the  act  appro-  purposes.    . 
priating  the  same,  shall  be  paid  from  the  other  half  of  said 
income.     If  the  income  in  any  3'ear  exceeds  such  appro- 
priations, the  surplus  shall  be  added  to  the  principal  of 
said  fund. 

42 


330  1874.— Chaptee  349. 

Repeal  of  1870,        SECTION  3.     Chapter  fortj-five  of  the  acts  of  eighteen 
himdred  and  seventy  is  repealed. 

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

Approved  June  19,  1874. 

Cll       349     ^  ^^^  CONCERNING  MANUFACTURING    AND    OTHER    CORPORATIONS. 

Be  it  enacted,  &c.,  as  follows  : 
Amendments  to      SECTION  1.     The  statutc  of  eighteen  hundred  and  sev- 
enty,  chapter  two  hundred   and   twenty-four,  is  hereby 
amended  as  follows  : — 

In  the  seventeenth  section  thereof  by  striking  out  all 
after  the  word  "directors"  where  it  occurs  the  second 
time  in  said  section. 

By  striking  out  the  twenty-third  section  thereof  and 
substituting  in  its  place  the  following  : — 

"  Section  twenty-three.  Each  stockholder  shall  be  en- 
titled to  a  certificate  of  his  stock,  under  the  seal  of  the 
corporation,  signed  by  the  treasurer." 

By  striking  out  the  thirty-third  section  thereof  and  sub- 
stituting in  its  place  the  following : — 

"  Section  thirty-three.  Every  corporation  shall  annually 
make  and  file  in  the  office  of  the  secretary  of  the  Common- 
wealth, within  thirty  days  after  the  date  of  the  annual 
meeting  of  the  corporation  next  preceding  the  date  of  such 
certificate  as  fixed  by  the  by-laws  thereof  or  within  thirty 
days  after  the  final  adjournment  of  said  meeting,  but  not 
more  than  three  months  after  the  date  so  fixed  for  said 
meeting,  a  certificate  signed  and  sworn  to  by  the  presi- 
dent, treasurer  and  at  least  a  majority  of  the  directors  of 
said  corporation,  which  shall  state  the  date  of  holding  such 
meeting,  the  amount  of  capital  stock  as  it  then  stands  fixed 
hy  said  corporation,  the  amount  then  paid  up,  the  name  of 
each  shareholder  and  the  number  of  shares  standing  in  his 
name,  and  the  assets  and  liabilities  of  said  corporation,  in 
such  form  and  with  such  detail  as  the  commissioner  of  cor- 
porations shall  require  or  approve." 

In  the  sixty-fifth  section  thereof  by  adding  at  the  end, 
the  following,  "And  such  corporation  with  its  members  and 
officers  shall  be  entitled  to  all  the  rights,  privileges  and 
immunities,  and  be  subject  to  all  the  liabilities,  duties  and 
restrictions,  set  forth  in  this  act  applicable  to  such  corpo- 
rations." 

In  the  sixty-sixth  section  thereof  by  adding  at  the  end, 
the  following,  "  Or  the  call  for  a  special  meeting  may  be 
made  by  a  justice  of  the  peace  upon  the  written  request 


1874.— Chapter  350.  331 

therefor  of  a  majority  of  the  acting  directors  of  such  cor- 
jDoration." 

Section  2.  If  doubts  arise  whether  the  organization  is  Defective  pro- 
legal  of  any  corporation  of  the  kinds  mentioned  in  said  porauon  may°'" 
statute  and  the  acts  in  amendment  thereof,  for  the  creation  vote°orstock-''^ 
of  which  a  special  charter  has  been  granted,  which  is  in  holders. 
the  exercise  of  its  franchise,  or  in  case  doubts  arise  as  to 
the  regularity  or  sufficiency  of  the  proceedings  of  any  such 
corporation,  whether  created  by  special  charter  or  organ- 
ized under  general  laws,  in  consequence  of  faikire  subse- 
quent to  the  organization  to  comply  with  the  directions  or 
requirements  of  any  statute,  the  stockholders  at  a  special 
meeting  called  for  the  purpose  in  the  manner  provided  in 
the  sixty-sixth  section  of  said  act  as  hereby  amended,  may 
by  vote  confirm  such  defective  proceedings  and  all  subse- 
quent proceedings  of  the  corporation  dependent  thereon. 
The  clerk  of  the  corporation  shall  thereupon  make  a  cer- 
tificate setting  forth  the  particular  matter  or  matters  espe- 
cially causing  the  doubt,  and  a  true  copy  of  the  call  of  the 
meeting,  and  of  the  vote  of  the  stockholders,  and  the  date 
of  holding  the  meeting,  which  he  shall  sign  and  swear  to 
and  present  to  the  commissioner  of  corporations,  who  shall 
examine  the  same  and  if  he  shall  find  that  the  provisions 
of  this  section  have  been  complied  with,  he  shall  certify 
the  same  by  indorsement  thereon.  Upon  filing  the  certifi- 
cate with  the  indorsement  in  the  office  of  the  secretary 
of  the  Commonwealth  such  proceedings  shall  be  taken  to 
be  legal  and  valid  as  fully  as  if  the  requirements  of  the 
statutes  had  been  complied  with. 

Section  3.     This  act  shall  take  eflfect  on  the  first  day 
of  July  of  the  present  year.  Approved  June  19, 1874. 

An  Act  to  establish  district  courts  in  the  county  of  Plymouth.  (JT,      3^0 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  towns  of  Abington,  Rockland,  Hing-  second  district 
ham,  Hull,  Hanover,  South  Scituate  and  Hanson  shall  momh!^^'^" 
constitute  a  judicial  district  under  the  jurisdiction  of  a 
court  established  therein,  by  the  name  of  the  Second  Dis- 
trict Court  of  Plymouth,  which  court  shall  be  held  in  some 
suitable  place  to  be  furnished  by  the  county  of  Plymouth 
in  Abington,  on  Monday,  Wednesday,  Thursday  and 
Saturday,  and  in  Hingham,  on  Tuesday  and  Friday  in 
each  week. 

The  towns  of  Plymouth,   Kingston,   Plympton,  Pern-  Third  district 


332 


1874.— Chapter  350. 


court  of  Ply- 
mouth. 


Fourth  district 
court  of  Ply- 
mouth. 


Jurisdiction. 


One  justice  and 
two  special  jus- 
tices  to  be  ap- 
pointed. 


broke,  Duxbury,  Marshfield  and  Scitiiate  shall  constitute  a 
judicial  district  under  the  jurisdiction  of  a  court  hereby 
established  therein,  by  the  name  of  the  Third  District 
Court  of  Plymouth,  which  court  shall  be  held  in  some 
suitable  place  to  be  furnished  by  the  county  of  Plymouth 
in  Plymouth,  on  Monday,  Wednesday,  Thursday  and 
Saturday,  and  in  Scituate  on  Tuesday  and  Friday  in  each 
week. 

The  towns  of  Middleborough,  Wareham,  Lakeville, 
Marion,  Mattapoisett  and  Rochester,  shall  constitute  a 
judicial  district  under  the  jurisdiction  of  a  court  hereby 
established  therein,  by  the  name  of  the  Fourth  District 
Court  of  Plymouth,  which  court  shall  be  held  in  some 
suitable  place  to  be  furnished  by  the  county  of  Plymouth, 
in  Middleborough  on  Tuesdays,  Wednesdays  and  Satur- 
days, and  in  Wareham  on  Mondays,  Thursdays  and 
Fridays  of  each  week. 

Said  courts  shall  except  as  is  hereinafter  provided, 
have  the  same  jurisdiction,  power  and  authority,  shall  per- 
form the  same  duties  and  be  subject  to  the  same  regula- 
tions as  are  provided  in  respect  to  existing  police  courts, 
by  chapter  one  hundred  and  sixteen  of  the  General  Stat- 
utes, and  by  all  general  laws  passed  in  amendment 
thereof  applicable  to  the  several  police  courts  of  the  Com- 
monwealth ;  and  all  the  provisions  of  law  relating  to 
criminal  and  civil  proceedings,  the  taxation  of  costs,  the 
pajmient  of  fines,  the  expenses  of  court,  the  accounting 
and  settling  with  county  and  town  for  money  paid  into 
court  as  forfeitures  or  otherwise,  and  all  other  provisions 
of  law  applicable  to  the  several  police  courts  of  the  Com- 
monwealth, their  justices  and  clerks,  shall  apply  to  the 
courts  herein  created,  their  justices  and  clerks,  except  so 
far  as  they  are  inconsistent  with  the  provisions  of  this  act. 

Section  2.  There  shall  be  appointed,  commissioned 
and  qualified,  agreeably  to  the  constitution,  one  justice 
and  two  special  justices  of  each  of  said  courts,  and  as 
vacancies  occur  they  shall  be  filled  by  appointment  in  the 
same  manner.  Such  justices  shall  receive  the  annual 
salaries  hereinafter  named,  and  at  the  same  rate  for  any 
part  of  a  year,  to  be  paid  monthly  from  the  treasury  of 
the  Commonwealth,  which  shall  be  in  full  for  all  services 
rendered  by  them  as  justices  of  said  courts.  The  special 
justices  shall  be  paid  by  the  justice  six  dollars  for  each 
day  on  which  they  may  hold  a  session  of  the  court. 


1874.— Chapter  350.  333 

Section  3.     Two  or  more  sessions  of  said  courts  may  Two  or  more 

1        1      ,  T       .    .  1  . .  T    .  1  j_i        •       i*  sessions  may  be 

be  held  at  the  same  time,  and  m  such  case  the  justice  may  heia  at  the  same 
retain  to  his  own  use,  from  the  fees  received  in  such  court,  *''"^' 
all  sums  paid  by  him  to  the  special  justice  holding  one  of 
said  sessions,  in  addition  to  all  sums  which  he  is  otherwise 
entitled  to  receive. 

Section  4.  A  clerk  of  e^ch  of  said  courts  shall  be  cierktobe 
appointed  and  commissioned  by  the  governor,  for  the  term 
of  five  years,  and  shall  receive  the  annual  salary  herein- 
after mentioned,  in  full  for  services  and  clerk  hire,  to  be 
paid  monthly  from  the  treasury  of  the  Commonwealth, 
and  shall  give  bond  to  the  treasurer  of  the  county  of 
Plymouth,  in  the  sum  of  five  thousand  dollars,  with  sure- 
ties to  be  approved  by  said  treasurer,  for  the  faithful  per- 
formance of  the  duties  of  his  office. 

Section  5.     Either  of  the  justices  of  said  courts  may  Either  of  jus. 

.        •  n  XT        •       J.'  i?    J.1        tices  may  issue 

issue  warrants  m  all  proper  cases.      JNo  justice  ot  the  warrants. 
peace  shall  hereafter  be  allowed  any  fees  for  warrants 
issued  within  said  districts,  and  all  warrants  issued  shall 
be  made  returnable  to  said  courts. 

Section  6.  Said  courts  shall  be  held  for  criminal  busi-  cmi  and  crimi- 
ness  daily,  except  on  Sundays  and  legal  holidays,  and  for  ''  '^^' 
civil  business  on  the  first  and  third  Wednesdays,  and  the 
fourth  Friday  of  each  month.  Said  courts  may  continue 
any  action  therein  to  any  future  day,  and  may  adjourn  for 
the  trial  of  any  case  to  any  place  in  their  respective  dis- 
tricts, whenever  the  public  convenience  may  seem  to  the 
justice  presiding  therein  to  render  such  adjournment 
expedient. 

Section  7.     Said  courts  shall  have  original  concurrent  Original  concur- 

.     T      .  '11  •  •  1  rent  jurisdiction 

jurisdiction    with    the    superior    court   in   the    county    ot  with  superior 
Plymouth,  in  all  civil  actions  and  proceedings  in  which  debt  does  not 
the  debt  or  damages    demanded,   or  property  replevied  ^"^^^^^  ^^*^*^" 
does  not  exceed  in  amount  or  value  three  hundred  dollars, 
and  the  jurisdiction  of  each  court  shall,  when  the  plaintiff 
and   defendant   both   reside  in  the  district,   exclude  the 
jurisdiction  of  other  district  courts  :  provided,  that  where 
there  are  two  or  more  plaintifis  or  defendants,  or  one  or 
more  trustees,  the  jurisdiction  of  the  court  shall  not  be 
exclusive  unless  all  the  parties  reside  in  the  district. 

Section  8.     When  one  of  several  defendants  resides  '^^^^^{'^%°L 
within  the  district,  the  writ  issued  by  such  court  may  run  ants  resides  in  • 
into  any  county  and  be  served  on  the  other  defendant  or  m'a/rVnTnto 
defendants,  fourteen  days  at  least  before  its  return  day,  in  '*°y  <=o«iity- 
like  manner  as  if  issued  by  the  superior  court. 


334  1874.— Chaptee  350. 

Trial  by  jury.  Section  9.  Ou  tlie  retum  day  of  the  writ  either  p.irt}^ 
may  demand  a  trial  by  jury  in  writing,  which  shall  be 
granted  by  the  court.  If  neither  party  demand  a  trial  by 
jury,  the  right  to  have  such  trial  shall  be  taken  to  be 
waived.  The  jury  trial  shall  be  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the 
General  Statutes,  and  the  judgment  of  the  court,  in  all 
cases,  shall  be  final,  unless  appeal  be  taken  therefrom,  or 
exceptions  and  appeals  on  matters  of  law  are  had,  as  here- 
inafter provided. 
Summoned  from  SECTION  10.  Whcrc  a  jury  shall  become  necessary  for 
towns  iu  the       thc  trial  of  any  actions  or  proceedings  in  said  courts,  the 

district  i  «/  x  o  ^ 

clerk  of  such  court  is  hereby  authorized  and  required  to 
issue  writs  of  venire  facias,  directed  to  the  sheritf  of  the 
county,  or  either  of  his  deputies,  or  a  constable  of  any 
city  or  town  in  such  district,  for  the  summoning  of  jurors, 
and  the  jurors  shall  be  summoned  from  the  towns  in  the 
judicial  district. 
Right  of  appeal       Section  11.     lu  all  cascs  in  said  courts,  except  where 

to  the  superior  .  •i-it  ^  i  /.i^  i       •     -, 

court.  a  jury  trial  is  had,  or  the  value  of  the  property  replevied, 

or  the  amount  claimed  in  the  writ,  does  not  exceed  fifty 
dollars,  either  party  may  appeal  to  the  superior  court  in 
the  manner  now  provided  by  law  for  taking  appeals  from 
the  judgments  of  justices  of  the  peace  ;  and  in  cases  where 
a  jury  trial  is  had,  exceptions  and  appeals  on  matters  of 
law  may  be  had  to  the  superior  court  for  the  county,  and 
shall  be  entered  at  the  then  existing  or  next  ensuing  term 
of  said  court,  and  shall  be  heard  and  determined  in  the 
manner,  and  at  times,  to  be  prescribed  by  general  rules  of 
said  superior  court.  Any  party  deeming  himself  aggrieved 
by  such  determination  may  cause  such  exceptions  to  be 
entered,  heard  and  determined  in  the  supreme  judicial 
court,  under  the  same  conditions,  in  the  same  manner,  and 
with  the  same  efiect,  as  if  said  exceptions  had  originally 
been  taken  and  allowed  in  the  superior  court :  provided, 
however,  that  where  such  exceptions  are  sustained  by  the 
superior  court,  the  cause  shall  be  at  once  remanded  to  the 
district  court  for  a  new  trial ;  and  provided,  further,  that 
in  all  cases  of  exceptions  or  appeals  on  matters  of  law,  if 
the  judgment  or  rulings  of  the  district  court,  being  aflirmed 
•  by  the  superior  court,  are  also  affirmed  by  the  supreme 

judicial  court,  the  prevailing  party  shall  recover  double 
costs  unless  the  supreme  judicial  court  shall  otherwise 
order. 


1874.— Chaptee  350.  335 

Section  12.  Wheu  no  justice  is  present  at  the  time  Adjournment  of 
and  place  appointed  for  holding  a  conrt,  the  sheriff  of  the  '^'^"' ' 
county,  or  either  of  his  deputies,  may  adjourn  the  court 
from  day  to  da}^,  or  from  time  to  time,  as  circumstances 
require,  or  as  ordered  by  either  of  the  justices,  and  shall 
give  notice  of  such  adjournment  by  making  public  proclama- 
tion in  the  room  where  the  court  is  held,  and  by  a  notifica- 
tion posted  on  the  door  of  the  court-room. 

Section  13.     Sections  seven,  eight,  nine,  eleven,  tweu-  Provisions  of 
ty-six,  forty  and  seventy-eight  of  chapter  one  hundred  and  s.'g,  ii,  26, 40,' 
twenty-nine  of  the  General  Statutes  shall  apply  to  civil  ciVii°actiou3.*° 
actions  before  said  courts.     Answers  shall  be  in  writing 
when  the  court  so  orders. 

Section  14.     Said  courts  shall  severally  have  power  to  courts  may  es- 

.,,.,  1,1  /.  •  11  -J  1  tablish  seal,  and 

establish  a  seal  theretor,  issue  all  writs  and  processes,  make  rules  of 
appoint  all  officers  necessary  for  the  transaction  of  the  p™°"<=^- 
business  of  the  court,  and  may  from  time  to  time  make 
rules  for  regulating  the  practice  and  conducting  the  busi- 
ness therein  in  all  cases  not  expressly  provided  for  by  law. 

Section  15.     The  justices  of  said  courts  may  retain  for  compensation 
their  own  use,  from  the  fees  received  in  said  courts,  all  tices. 
sums  paid  by  them  for  the  services  of  any  special  justice  : 
provided,  the  sum  so  retained  shall  not  in  any  one  year 
exceed  eight  per  centum  of  the   annual  salary  of  such 
justice. 

Section  16.     The  justice  of  either  of  said  courts  may.  Justices  may 

,1  1  i>  A^         •     1  f  ij.^j.1  i.         J?  commit  insane 

in  the  absence  ot  the  judge  ot  probate  lor  tne  county  ot  persona  to 
Plymouth,  commit  to  the  state  lunatic  hospitals  any  insane  ^^y^"'"- 
person,  who,  in  his  opinion,  is  a  proper  subject  for  their 
treatment  or  custod}'',  in  accordance  with  the  provisions  of 
chapter  two  hundred  and  twentj^-three  of  the  acts  of  the 
year  one  thousand  eight  hundred  and  sixty-two,  and  the 
acts  in  addition  thereto. 

Section  17.     All  proceedings  duly  commenced  before  Proceedings 

,    .    1     .        . .  •       J  •  f   ii  i?  •  T  J.         already  com- 

any  trial  justice  or  justice  of  the  peace  tor  said  county,  meucedtobe 
within  said  districts,  before  this  act  takes  full  effect,  shall  ^eter^edf"*^ 
be  prosecuted  and  determined  as  if  this  act  had  not  been 
passed,  and  except  as  herein  provided,  the  jurisdiction  of 
trial  justices  and  justices  of  the  peace  shall  be  excluded 
within  the  judicial  districts  created  by  this  act. 

Section  18.     The  salaries  of  the  iustices  and  clerks  of  ?.^^^"^^°^,j"^: 

Ti'TT        •  1111  ^11  '''°^^  '^^'^  clerks. 

said  second  and  third  district  courts  shall  be  as  follows  : 
For  the  justices,  fourteen  hundred  dollars  each ;  for  the 
clerks,   eight  hundred  dollars   each.     The  salary  of  the 


336 


1874.— Chaptee  351. 


When  to  take 
e£fect. 


justice  of  the  fourth  district  court  shall  be  twelve  hundred 
dollars,  and  of  the  clerk,  seven  hundred  dollars. 

Section  19.  This  act  shall  take  effect,  so  far  as  relates 
to  appointing,  commissioning  and  qualifying  the  justices, 
special  justices  and  clerks  of  said  courts,  on  its  passage; 
and  shall  take  full  effect  on  the  first  day  of  September 
next.  Approved  June  22, 1874. 


Railroads  may 
build  branches 


(Jh.    351.  An  Act  to  authorize  and  regulate  the  BUiLcrNG  of  branches 

AND   EXTENSIONS   BY  RAILROAD   CORPORATIONS. 

Be  it  enacted,  cfec,  as  follows: 

Section  1.  A  railroad  corporation,  after  having  fin- 
ished the  construction  of  its  main  road  and  put  the  same 
in  operation,  may  build  branches  or  extensions  of  its  rail- 
road at  any  time  in  accordance  with  the  provisions  of 
chapter  one  hundred  and  eighty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy -two,  whenever  an  amount 
of  additional  capital  stock  applicable  solely  to  the  con- 
struction of  such  branch  or  extension,  and  not  less  than 
fifteen  thousand  dollars  for  each  mile  of  road  proposed  to 
be  built  when  the  gauge  is  four  feet  and  eight  and  one- 
half  inches,  and  not  less  than  five  thousand  dollars  for 
each  mile  of  road  proposed  to  be  built,  when  the  gauge  is 
three  feet,  has  been  actually  subscribed  in  good  faith  by 
responsible  parties  without  any  condition  which  invalidates 
the  subscription  and  twenty  per  centum  of  the  par  value 
of  each  and  every  share  thereof  actually  paid  into  its 
treasury,  and  whenever  a  certificate  setting  forth  these 
facts,  signed  and  sworn  to  by  the  president  and  a  majority 
of  the  directors  of  such  corporation  has  been  filed  with 
the  secretary  of  the  Commonwealth :  provided^  hoivever^ 
that  nothing  in  this  act  shall  authorize  the  construction  of 
any  branch  railroad  within  the  distance  of  eight  miles 
from  the  state  house,  or  invalidate  any  lease  or  contract 
between  railroad  corporations  made  pursuant  to  existing 
provisions  of  law. 

Section  2.  A  railroad  corporation,  for  the  purpose  of 
building  a  branch  or  extension  or  of  aiding  in  the  con- 
struction of  another  railroad,  may  increase  its  capital 
stock,  and  in  so  doing,  shall  conform  to  the  provisions  of 
chapter  three  hundred  and  ninety-two  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-one. 
Construction  to        Section  3.     If  auv  railroad  Corporation  proceeding  to 

D6  C0niDlGllC6Cl  *^  X  J.  C3 

^vithin  two        build  a  brauch  or  extension  under  this  act  or  by  authority 

years.  "^  '' 


May  increase 
capital  stock. 


1874.-^CnAPTEE  352.  337 

of  any  prior  act  shall  not  have  begun  the  construction  of 
its  branch  or  extension,  and  shall  not  have  expended 
thereon  at  least  ten  per  centum  of  the  additional  capital 
stock  required  by  section  one,  within  two  years  after  the 
date  of  the  certificate  mentioned  in  said  section,  or  after 
the  passage  of  the  act  authorizing  such  branch  or  exten- 
sion, and  shall  not  have  completed  and  put  in  operation 
such  branch  or  extension  within  four  years  after  said  date, 
its  powers  under  such  prior  act  shall  cease,  and  no  further 
proceedings  shall  be  had  under  this  act. 

Section  4.  A  railroad  corporation  may  aid  in  the  con-  May  aid  in  con- 
struction of  any  branch  or  connecting  railroad  within  the  othw^connect- 
limits  of  this  Commonwealth,  whether  connecting  by  rail-  *"g  ^°^^^' 
road  or  steamboat  lines,  by  subscribing  for  shares  of  stock 
in  such  corporation,  or  by  taking  its  notes  or  bonds,  to  be 
secured  by  mortgage  or  otherwise,  as  the  parties  may 
agree,  and  shall  be  entitled  to  vote  on  all  shares  of  stock 
so  subscribed  for  and  held :  j^^'^vided,  that  no  railroad 
corporation  shall  so  subscribe  any  amount  in  excess  of 
two  per  centum  of  its  paid  up  capital  stock,  except  by  a 
vote  of  a  majority  in  interest  of  the  stockholders  at  a 
meeting  dtdy  called  for  that  purpose,  and  that  no  railroad 
corporation  shall  mortgage  its  property  to  secure  the  loans 
or  subscriptions  made  by  any  other  corporation  under  this 
act,  except  by  a  vote  of  a  majority  in  interest  of  the 
stockholders  at  a  meeting  duly  called  for  that  purpose. 

Section  5.     Upon  the  tiling  of  the  certificate  required  pasViofhelec^-'' 
by  section  one  there  shall  be  paid  to  the  secretary  of  the  maryofthe 
Commonwealth,  the  sum  of  fifty  dollars  which  shall  be  in- 
cluded in  his  quarterly  returns  of  fees  and  paid  into  the 
treasury. 

Section  6.     No  railroad  corporation  heretofore  author-  Branches  au- 
ized  by  law  to  extend  its  railroad  or  to  construct  a  branch,  coultmcted,  "0° 
but  which  has  not  yet  actually  begun  the  construction  of  prOTislLnBof 
such   branch   or  extension    shall    begin   the  construction  tiiis  act. 
thereof  until  it  has  complied  with  the  requirements  of  sec- 
tion one  of  this  act. 

Section  7.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  23,  1874. 

An  Act  in  relation  to  trustees.  (7A.    352. 

Be  it  enacted,  &c.,  asfolloivs: 

Section  1.     Every  trustee  under  a  written  instrument  Trustee  may 

•    .     1    ^  1     ,  ,  1  .  resign  his  trust. 

or  appointed  by  a  probate  court  may  upon  his  own  re- 

43 


338 


1874.— Chaptees  353,  354. 


Trustee  may  be 
exemjit  from 
giving  bond, 
when  all  inter- 
ested request. 


Matters  of  trust, 
except  under 
wills,  to  bu 
within  jurisdic- 
tion of  the  court 
for  the  county 
in  which  any 
party  resides. 


quest  resign  his  trust  when  it  appears  to  the  probate  court 
proper  to  allow  the  same. 

Section  2.  Any  trustee  appointed  by  a  probate  court 
and  now  required  by  law  to  give  a  bond,  shall  be  exempt 
from  giving  a  surety  or  sureties  on  his  bond,  when  all 
persons  interested  in  the  trust  fund,  being  of  full  age  and 
legal  capacity,  request  such  exemption  :  provided,  that  the 
judge  of  the  probate  court  may  in  all  such  cases  at  any 
time,  if  he  deems  it  proper,  require  a  bond  with  sufficient 
surety  or  sureties. 

Section  3.  All  matters  of  trust  of  which  probate 
courts  have  jurisdiction,  except  those  arising  under  wills, 
shall  be  within  the  jurisdiction  of  the  probate  court  for 
any  county  in  which  any  of  the  parties  interested  in  the 
trust  reside  or  in  which  any  of  the  land  held  in  trust  is 
situated ;  but  such  jurisdiction  when  once  assumed  shall 
exclude  the  probate  court  for  any  other  county  from  tak- 
ing jurisdiction  of  any  matter  subsequently  arising  in 
relation  to  the  same  trust. 

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

Approved  June  23,  1874. 

Ch.    353.  An  Act  in  relation  to  altering  highways  in   the  cities  of 

NEWTON   AND   SOMERVILLE. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.  The  city  council  of  the  city  of  Newton 
and  of  the  city  of  Somerville,  shall  have  authority  and 
power  to  widen,  straighten  and  otherwise  alter  highwaj^s 
within  the  limits  of  their  respective  cities.  Any  party 
aggrieved  by  such  widening,  straightening  or  alteration 
shall  have  the  same  remedies  as  in  the  case  of  town  ways. 

Section  2.  l^othing  in  this  act  contained  shall  be  con- 
strued so  as  to  exclude  the  jurisdiction  of  the  county 
conmiissioners. 

Section  3.  Chapter  two  hundred  and  seventy-eight 
of  the  acts  of  the  present  year,  being,  "an  act  in  addition 
to  an  act  to  establish  the  city  of  Newton,"  is  repealed. 

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

Approved  June  23, 1874. 

Cll.      354.  ^'^  -^^^   '^'^    DISCONTINUE   A   PORTION   OF  A   PUBLIC    LANDING  PLACE 

IN   THE    TOWN  OF  ESSEX. 

Be  it  enacted,  &c.,  as  follows : 
Portion  of  pub-       Section  1.     That  poi'tiou  of  the  public  laudino-  place, 
in  Essex  discou-  near  the  Great  Bridge  in  the  town  of  Essex  and  herein- 
"^^^  ■  after  described,  is  discontinued  as  such  landing  place  and 


City  councils 
may  alter  high- 
ways. 


Jurisdiction  of 
commissioners. 


Repeal  of  1874, 
278. 


1874.— Chapter  355.  339 

as  a  part  thereof:  the  title  to  the  portion  of  said  landing 
place  so  discontinued  shall  vest  absolutely  in  said  town  of 
Essex,  subject  to  existing  rights  therein  in  favor  of  any 
person  or  persons.  The  part  of  said  landing  place  discon- 
tinued as  aforesaid  is  bounded  and  described  as  follows, 
to  wit :  Beginning  at  the  south-east  corner  thereof  at  a 
stone  bound  on  the  westerly  side  of  Chebacco  River, 
thence  running  westerly  on  land  of  one  J.  K.  Roberts, 
called  the  "  Saw  Mill  Yard,"  nine  rods  seven  and  three- 
quarters  links  to  a  stone  bound  standing  by  a  county 
road  ;  thence  north  fifty-nine  degrees  west,  two  rods  and 
sixteen  links  on  said  county  road  to  a  stone  bound ; 
thence  north  seven  and  one-quarter  degrees  east,  forty- 
one  feet,  to  a  stone  bound ;  thence  north  seventy-six 
degrees  east,  to  high  water  mark  of  said  river ;  thence 
about  southerly  by  the  line  of  high  water  mark  of  said 
river,  to  the  bound  begun  at. 

Section  2.     That  part  of  said  landing  \ying  between  Portion  of  land 
the  portion  thereof  hereby  discontinued  and  land  of  Job  hTghwayr^ 
Story,  being  about  forty  feet  in  width  and  seven  rods  and 
seven  links  in  length,  is  hereby  laid  out  as  a  highway  and 
shall  he  maintained  as  such  by  said  town. 

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

Aiyproved  June  23,  1874. 

An  Act  to  amend  section  nineteen  of  chapter  sixty-three  ni^      orr 

OF   THE   GENERAL   STATUTES,  RELATING   TO  THE   TAKING  OF  LANDS  * 

BY   RAILROAD   COMPANIES. 

Be  it  enacted,  &c.,  as  follows : 

Section  1 .     Section  nineteen  of  chapter  sixty-three  of  l'0<=f "9"  *»  ^^ 

,  ^,  ir^ij  •  iTi  11.  1  1    flli^d  within  one 

the   (jreneral   Statutes  is   amended   by  addmg  at  the  end  year.  g.  s.  63, 
thereof   the   words — and    unless    the    corporation    file    a 
location  thereof  within  one  year  with  the  commissioners  of 
each  county  in  which  the  same  is  situated,  defining  the 
courses,  distances  and  boundaries  of  the  same. 

Section  2.     In  all  cases  where  the  commissioners  have  Location  to  be 
already  prescribed  limits  within  which  land  may  be  taken  fore  jan°i8^tria 
for  the  purposes  named  in  said  section  nineteen,  and  the  certain  casea. 
same  has  not  been  actually  taken,  such  location  shall  be 
filed  on  or  before  the  first  clay  of  January  next,  and  if  not 
so  filed  the  right  to  take  such  land  shall  then  be  determined. 

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

AjijJroved  June  23,  1874. 


340  1874.— Chaptees  356,  357,  358. 

Gil        356     ^^   ^^"^  ^^   PUNISH   ILLEGAL  VOTING  AND   TO    SECURE    THE    PURITY 

OF  ELECTIONS. 

Be  it  enacted,  &c.,  as  folloivs: 

Penalty  for  SECTION  1.     Wlioever  with  fraudulent  intent  votes,  or 

attempts  to  vote  upon  any  name  other  than  his  own  at  any 
national,  state  or  municipal  election,  or  whoever  know- 
ingly gives  more  than  one  ballot  at  one  time  of  balloting 
at  an  election,  shall  be  punished  by  imprisonment  in  the 
house  of  correction  for  not  less  than  sixty  days  nor  more' 
than  six  months. 

Penalty  for  SECTION  2.     If  any  pci'son  shall  pay,  give  or  bestow, 

tionsT^*  ^^*''  or  directly  or  indirectly  promise,  any  gift  or  reward  to 
secure  the  vote  or  ballot  of  any  person  for  any  officer  to 
be  voted  for  at  anj'  national,  state  or  municipal  election, 
the  person  so  offending,  upon  conviction  before  the  court 
having  jurisdiction  of  such  offence,  shall  be  punished  by  a 
fine  of  not  less  than  fifty  nor  more  than  one  thousand  dol- 
lars, or  by  imprisonment  in  the  house  of  correction  not 
less  than  sixty  days  nor  more  than  six  months,  or  by  both, 
at  the  discretion  of  the  court. 

Repeal  of  G.s.        SECTION  3.     The  twcnty-ninth  section  of  the  seventh 

T    K  on  *^ 

chapter  of  the  General  Statutes  is  hereby  repealed. 

Aiyproved  June  23,  1874. 


7,  §  29. 


Ch.      357.   ^  ^^^  '^^   AMEND  AN  ACT   TO   UNITE   THE   CITY   OF   CHELSEA  WITH 

THE   CITY   OF  BOSTON. 

Be  it  enacted,  &c.,  as  follows  : 
im'slaTi*"  Section  1.  Section  four  of  chapter  three  hundred  and 
thirteen  of  the  acts  of  the  present  year  is  hereby  amended 
by  striking  from  said  section  the  words  "second  Tuesday 
of  December"  and  inserting  "Tuesday  after  the  second 
Monday  of  December." 

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

Approved  June  23,  1874. 

(Jh.    358.  -^N  Act  to  authorize  the  city  of  fall  river  to  fund  its  float- 
ing DEBT. 
Be  it  enacted,  &c.,  as  folloivs : 
May  borrow  Section  1.     For  the  purposc  of  fuudiug  the  present 

flo°atL^g  debt,      floating  debt  of  the  city  of  Fall  Kiver,  and  for  the  purpose 
^'^'  of  providing  for  the  payment  of  the  cost  of  its  new  build- 

ings now  in  process  of  erection,  and  of  such  other  perma- 
nent ])ul)lic  improvements  as  may  be  ordered  by  its  city 
council,  the  said  city  council  are  hereby  authorized  to 
borrow  from  time  to  time  an  amount  not  exceeding  in  all 
the  sum  of  six  hundred  thousand  dollars,   and  to  issue 


1874.— Chapter  359.  341 

therefor  the  bonds  of  said  city,   payable  in  the  United 

States  or  Great  Britain,  in  not  more  than  twenty  years 

from  the  time  of  their  issue,  in  gold  coin  of  the  United 

States  or  stealing  gold  coin  of  Great  Britain,  with  interest 

not  exceeding  the  rate  of  seven  per  centum  per  annum, 

payable  semi-annually.     And  said  council  may  dispose  of 

the  whole  or  any  part  of  said  bonds  at  any  time  or  times, 

for  money  borrowed  for  the  purposes  of  this  act,  upon 

such    terms    and   conditions   as    said    council   may  deem 

proper,  and  said  city  council  is  hereby  further  authorized 

to  grant  appropriations  and  assess  from  time  to  time  sums  . 

of  money   sufficient  for  the  payment  of  the  interest  on 

such  bonds  so  issued  and  outstanding,  and  also  such  sums  sinkingfunato 

n  j_  T  •  ii  J      be  eBtablished. 

01  money  not  exceedmg  m  any  one  year  three  per  cent, 
of  the  amount  of  said  bonds,  to  constitute  a  sinking  fund 
for  the  payment  of  the  principal  thereof  at  their  maturity, 
in  the  same  manner  as  moneys  are  appropriated  and 
assessed  for  other  city  purposes. 

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

Approved  June  23,  1874. 

An  Act  to  incorporate  the  wachusett  mountain  coMPAjrr.     Qj^^    ^kq 
Be  it  enacted,  &g.,  as  follows: 

Section  1.     William  H.  Brown,  Levi  Goss  and  Joseph  corporators. 
Collins,  their  associates  and  successors,  are  made  a  corpo- 
ration by  the  name  of  the  Wachusett  Mountain  Company,  Name  and  pur- 
for  the  purpose  of  purchasing,  holding,  improving  and  ^°^''* 
disposing  of  land  upon  and  near  Wachusett  Mountain  in 
the  town  of  Princeton  :  provided,  however,  that  said  cor-  Proviso. 
poration  shall  not  hold  over  eight  hundred  acres  of  land ; 
with  the  powers  and  privileges,  and  subject  to  the  duties, 
restrictions  and  liabilities  contained  in  the  general  laws, 
which  now  are  or  may  hereafter  be  in  force  and  applicable 
to  such  corporations. 

Section  2.    Said  corporation  is  authorized  to  build  on  its  May bniid  hotels 
land  in  Princeton  one  or  more  hotels,  and  to  carry  on  the  "*  '"iceton. 
same,  and  to  build  and  maintain  such  other  buildings,  and 
to  hold  such  personal  property  as  said  corporation  may 
deem  necessary  for  the  purposes  of  this  act,  and  may 
locate,  construct  and  operate  on  its  own  land  one  or  more 
roads,  for  the  transportation  of  passengers  and  property  to 
and  from  the  summit  of  said  mountain,  and  may  charge 
tolls  for  transportation  and  passage  thereon  :  provided.  Proviso. 
hoioever,  that  if  under  the  provisions  of  this  act  said  com- 
pany shall  construct  any  road  to  be  operated  upon  rails 


342 


1874.— Chapteks  360,  361. 


Capital  stock 
not  to  exceed 
$300,000. 


either  by  steam  or  horse  power,  the  same  shall  be  con- 
structed, operated  and  maintained  in  such  manner  and 
under  such  regulations  and  restrictions  as  the  board  of 
railroad  commissioners  of  this  Commonwealth  shall  from 
time  to  time  prescribe. 

Section  3.  The  capital  stock  of  said  corporation  shall' 
not  exceed  three  hundred  thousand  dollars.  Said  corpo- 
ration shall  not  commence  business  until  at  least  fifteen 
per  centum  of  its  capital  stock  has  been  subscribed  and 
paid  in  in  cash. 

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

Approved  June  23,  1874. 


Cli.   360. 


Fees  to  be  paid 
overto  the  treas- 
ury monthly. 


No  money  to  be 
drawn  from 
treasury  except 
to  meet  expen- 
ditures already 
incurred. 


An  Act  in  relation  to  payment  of  moneys  into  and  from  the 

treasury. 
Be  it  enacted,  &c.,  as  follows: 

Section  1.  Officers  of  public  institutions  and  of  de- 
partments of  the  state  receiving  fees  or  other  moneys 
payable  into  the  treasury  of  the  Commonwealth  shall  pay 
over  such  sums  as  they  may  have  received  at  least  once  in 
each  month. 

Section  2.  No  greater  sum  from  any  appropriation 
for  any  institution,  board  or  departmaut  of  the  state  shall 
be  drawn  from  the  treasury  at  any  one  time  than  is  neces- 
sary to  meet  expenditures  then  incurred. 

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

Approved  June  25,  1874. 


Ch.   361. 


Court  to  deter- 
mine amount 
necessary  to 
pay  for  record- 
ing probate  pro- 
ceedings in 
Suffolk. 


An  Act  to  provide  for  the  transaction  of  official  business  in 

THE   probate   office   OP  SUFFOLK   COUNTY. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  probate  court  of  the  county  of  Suf- 
folk may  from  time  to  time  determine  the  amount  neces- 
sary to  pay  the  expense  of  recording  probate  proceedings 
in  said  county,  and  the  same  shall  be  payable  from  the 
treasury  of  the  county  of  Suffolk  upon  the  order  or  decree 
of  the  court  in  the  sums  and  to  the  persons  named  in  such 
order  or  decree  :  provided,  hoivever,  that  such  expense 
shall  not  exceed  the  sum  of  twelve  hundred  dollars  in  any 
one  year. 

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

App)roved  June  25,  1874. 


1874.— Chaptees  362,  363.  343 

An  Act  relating  to  applications  for  damages  for  obstruc-  Qj^     Qgo 

TIONS   to   private  WAYS   BY   RAILROADS. 

Be  it  enacted,  &c.,  as  follows  : 

Section  1.    Applications  for  damages  under  the  twenty-  Application  for 
eighth  section  of  the  sixty-third  chapter  of  the  General  mad"  wuhiil^^ 
Statutes  may  be  made  at  any  time  within  three  years  from  three  years. 
the  time  when  the  way  is  obstructed,  and  not  afterwards  : 
'provided,  this  act  shall  not  affect  cases  where  applications 
for  damages  were  not  made  within  the  time  prescribed  by 
said  section  twenty-eight. 

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

Aj^j^roved  June  25,  1874. 

An  Act  relating  to  the  correspondence  of  insane  persons,  QJ^^    363. 

and  to  the  establishment  of  a  commission  of  lunacy. 
Be  it  enacted,  &c.,  as  follows  : 

Section  1.     All  persons  confined   as   patients   in   the  Persons  in 
several  Innatic  asylums  in  this  state,  shall  be  allowed  to  may^wruf '^™^ 
write    monthly  to   the   superintendent  of  the  asylum  in  ^e°iutendents," 
which  thc}^  are  confined,  also  to  tlie  board  of  state  char-  ^°- 
ities,  and  to  the  commissioners  of  lunacy,  after  their  ap- 
pointment. 

Section  2.     All  patients  in  such  asylums  shall  be  fur-  to  be  fumisiied 
nished  by  the  several  superintendents  with  all  materials  fol'^con^e's^'ponl 
necessary  for  such  correspondence.     And  a  locked  box  ^"'=®- 
shall  be  placed  in  each  ward  in  which  each  writer  may 
deposit  his  or  her  communication,  said  boxes  to  be  opened 
and  letters  to  be  distributed  monthly  by  some  member  of 
the  board  of  state  charities. 

Section  3.  The  governor  and  council  are  hereby  au-  commissioners 
thorized  to  appoint  two  commissioners  of  lunacy,  whose  appoHited.*^"  ^^ 
duty  it  shall  \)&,  first,  to  examine  carefully  the  laws  touch- 
ing lunacy ;  and,  second,  to  critically  examine  into  the 
condition  of  the  several  lunatic  asylums,  the  treatment, 
freedom  allowed,  diet,  and  all  matters  pertaining  to  the 
care  and  the  comfort  of  their  inmates. 

Section  4.     The  superintendents  of  the  several  asy-  visits  to  hospi. 
lums  are  hereby  directed  to  permit  all  such  visits  to  their  lowed  as^"om. 
hospitals,  and  all  such  correspondence  and  conversation  missioners  deem 

i  '  .  *■  ,  necessary. 

with  their  patients  as  the  commissioners  may  deem  neces- 
sary in  their  investigation  of  lunacy  and  its  treatment. 

Section  5.     The  commissioners  of  lunacj''  having  com-  Commissioners 
pleted  their  investigations,  shall  report  in  print  early  in  legi^famre? 
the  session  to  the  next  legislature  the  results  of  said  in- 
vestigation, what  alterations  of,  or  additions  to  the  laws 


344  1874.— Chapters  364,  365. 

are  necessaiy  to  guard  the  rights  of  the  insane  ;  what  im- 
provement may  be  made  in  the  rules  of  asylums  touching 
attendance,  general  treatment  of  patients,  and  freedom  of 
correspondence,  and  add  all  such  suggestions  as  their  in- 
vestigation may  prove  to  be  necessary  to  forward  the 
designs  of  this  commission,  namely,  to  guard  and  aid  by 
wise  and  humane  legislation  those  made  helpless  by  their 
unfortunate  mental  condition.  When  this  report  is  made, 
the  commission  shall  end. 
Salaries  and  SECTION  6.     The  govcmor  aud  couucil  are  hereby  au- 

thorized to  draw  upon  the  treasury  to  pay  such  saUiries 
and  expenses  as  they  may  deem  necessary  to  the  object  of 
this  commission.  Approved  Jime  25, 1874. 

C7l'      364.   -^^   ^^^    '^^   ESTABLISH    THE    SALARIES    OF    THE    JUSTICE    AND    THE 
CLERK   OF  THE   DISTRICT   COURT   OF  EAST  NORFOLK. 

Be  it  enacted,  &c.,  as  follows  : 
Salaries  of  .ius-        Section  1.     The  iustice  and  clerk  of  the  district  court 

tice  and  clerk.  J 

of  East  Norfolk,  from  and  after  the  first  day  of  June  in 
the  year  eighteen  hundred  and  seventy-four,  shall  receive 
annual  salaries  as  follows:  —  the  justice  shall  receive 
eighteen  hundred  dollars  and  the  clerk  shall  receive  one 
thousand  dollars. 

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

Approved  June  2.5,  187-i. 

Ch  365  -^  ^^'^  '^^  AUTHORIZE  THE  GOVERNOR  AND  COUNCIL  TO  EXPEND 
A  SUM  NOT  EXCEEDING  THREE  HUNDRED  THOUSAND  DOLLARS,  IN 
CONSTRUCTING  ARCHWAYS  IN  THE  HOOSAC  TUNNEL,  AND  FOR  OTHER 
PURPOSES. 

Be  it  enacted,  &c.,  as  folloivs  : 
Hoo^r/^umiei       SECTION  1.     In  addition  to  the  provisions  contained  in 
'  the  contract  with  W.  and  F.  Shanly,  of  December  twenty- 
fourth,  eighteen  hundred  and  sixty-eight,  the  governor  and 
council   are  hereby  authorized  to  expend  not  exceeding 
three  hundred  thousand  dollars,  in  making  the  necessary 
excavations  for,  and  in  the  construction  of,  archways  in 
the  eastern  and  central  divisions  of  the  Iloosac  Tunnel : 
j>rovided,  that  nothing  in  this  act  shall  be  deemed  to  change, 
or  in  any  way  impair  the  effect  of  said  contract,  except  as 
to  the  making  of  the  final  settlement  as  provided  in  section 
three. 
Appropriation        SECTION  2.     The  sum  of  three  hundred  thousand  dol- 
°  lars  is  hereby  appropriated,  to  be  expended  for  the  pur- 

poses specified  in  the  preceding  section,  the  same  to  be 
raised  in  accordance  with  the  provisions  of  section  three 


1874.— Chaptees  366,  367.  345 

of  chapter  three  hundred  and  thirty-three,  acts  of  eighteen 
hundred  and  sixty-eight. 

Sectiox  3.     The  governor  and  council  may  make  a  full  ^"S^^ay^^ 
and  final  settlement  Avith  said   Shanlys,  under  the  contract  make  fuii  settle- 

/»x~v  n  I'liTi  T'i         Blent  with  the 

ot  December  twenty-fourth,  eighteen  hundred  and  sixty-  shauiys. 
eight,  without  waiting  for  the  laying  of  the  raih'oad  track 
through  the  tunnel,  the  completion  of  which  may  be  delayed 
by  the  work  of  arching  above  provided  for :  j^vovkled, 
hoicever,  that  a  sufficient  sum  shall  be  reserved  to  cover 
the  cost  of  completing  said  track;  and j)rovided,fu7'ther, 
that  said  contract  shall  be  otherwise  completed  to  the 
acceptance  of  the  governor  and  council. 

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

Approved  June  25,  1874. 

An  Act  in  relation  to  the  bonds  of  executors  and  others,    qj,      ogg 
Be  it  enacted,  &c.,  as  follows: 

Section  1.     Whenever  bonds  are  required  to  be  given  jomt  executors, 
to  the  judge  of  a  probate  court  by  two  or  more  persons  j^int'^rLpIrate 
acting  jointly  as  executors,   administrators,   trustees,  or  ^o^^s. 
otherwise,  such  persons  may  give  either  separate  or  joint 
bonds.     In  all  cases  where  separate  bonds  have  heretofore 
been  given  by  such  persons,  the  giving  of  such  bonds 
shall,  if  they  were  otherwise  sufficient,  be  deemed  to  have 
been  a  full  compliance  with  the  provisions  of  any  statute 
requiring  such  persons  to  give  bond. 

Section  2.     Section  f(jurteen  of  chapter  one  hundred  ^iPs*}4°^^*^* 
and  one  of  the  General  Statutes  is  repealed. 

Approved  June  25,  1874. 

An  Act  to  amend  chapter  three  hundred  and  twenty  of  the  rij      Qfi7 
acts  of  the  year  eighteen  hundred  and  seventy-tavo,  in  OU4. 

relation  to  the  improvement  of  the  common avealtu's  flats 
IN  boston  harbor. 

Be  it  enacted,  tfcc,  as  follows  : 

Section  1.     Section  five  of  chapter  three  hundred  and  scrip  and  inter. 
-,  ,       f    y  -li  iiT         1  ®^t  ^^  "6  pay- 

twenty  ot    the    acts  ot   the   year   eighteen    hundred   and  able  in  such 

seventy-two,  entitled  "an  Act  in  relation  to  the  improve-  governdrand 

ment  of  the  Commonwealth's  flats  in  Boston  Harbor,"  is  '°™'*^  ^"'*'- 

so  far  amended  that  the  issue  of  scrip  therein  authorized, 

and  the  interest  on  the  same  may  be  made  payable  in  such 

currency  as  the  governor  and  council  may  direct. 

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

Approved  June  25, 1874. 
44 


346         1874.— Chapters  368,  369,  370,  371. 

Ch.      368.  ^^  ^^"^    '^^    KEVIVE  THE  OLD  COLOXT  BANK  OF  PLYMOUTH  FOR 

CERTAIN  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 
^^pm^^lf'  Section  1.  The  corporation  heretofore  known  as  "The 
conveyance  of  President,  Directors  and  Company  of  the  Old  Colony 
Bank  in  Plymouth,"  is  hereby  revived  and  continued  for 
the  purpose  of  enabling  the  president  and  directors  of  said 
corporation  at  the  time  when  the  same  became  an  associa- 
tion for  carrying  on  the  business  of  banking,  under  the 
laws  of  the  United  States,  to  convey,  assign  and  transfer 
to  the  Old  Colony  National  Bank  any  real  estate  or  interest 
therein,  or  any  other  property  of  said  first  named  corpo- 
ration, and  for  no  other  purpose  whatever. 

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

Ajyjiroved  Juiie  25,  1874. 

CIJl.      369.   -^^  ^^'^  '^^  ESTABLISH  THE  SALARIES    OF   THE   JUDGE   AND  REGISTER 
OF   PROBATE  A^ND   INSOLVENCY  FOR    THE    COUNTY   OF  FRANKLIN. 

Be  it  enacted,  &c.,  as  follows: 

fudge Indreg.        "^^^^  j^^^o^  ^1^^  register  of  probate  and  insolvency  for 

ister.  the  county  of  Franklin,  from   and  after  the  lirst  day  of 

January,  in  the  year  eighteen  hundred  and  seventy-four, 

shall  each  receive  an  annual  salary  of  fourteen  hundred 

dollars.  Approved  June  25,  1874. 

Ch.      370.   -^^   -^^"^   '^^  PROVIDE   FOR    THE    CUSTODY    AND    TREATMENT   OF   THE 

CRIMINAL  AND  HOMICIDAL  INSANE. 

Be  it  enacted,  &c.,  as  follows : 
Insane  criminals      SECTION  1.     The  commissioucrs  haviug  in  charge  the 

at  Btate  pnson.  .  -    ,  .  _,  i      i      1 1  i 

construction  ot  the  state  prison  at  Concord  shall  make  pro- 
vision therein  for  insane  criminals. 
Homicidal  in.         SECTION  2.     The  Commissioners  having  in  charge  the 

sane  at  asylums  .  /»      i         i  •  i  j_  Txr  i       j_ 

at  Worcester  coustructioii  oi  the  luuatic  asylums  at  Worcester  and  at 
Danvers  shall  make  provision  therein  for  the  safe  custody 
and  treatment  of  the  homicidal  insane,  not  included  in  the 
first  section  of  this  act. 

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

Approved  June  26,  1874. 

Cll'      371.        ^   ^^^  RELATING   TO   THE  INDUSTRIAL   SCHOOL   AT  LAWRENCE. 

Be  it  enacted,  &c.,  as  follows: 
Commitments  to      SECTION  1.     Trial   iusticcs  of  luvenile   offenders,  the 

the  industrial         .-  ,.  .,  ,•',  ...  />  i.  i-    l    •    , 

school  at  Law-  judgc  ot  probate  and  the  justice  ot  any  police  or  district 
court  in  the  county  of  Essex,  when  commissioned  by  the 
governor  for  that  purpose,  shall  possess  the  same  powers 
given  to  any  justice  of  the  supreme  judicial  court,  superior 


and  Danvers 


rence. 


1874.— Chapter  372.  347 

court  or  police  court  of  the  city  of  Lawrence,  by  the  pro- 
visions of  chapter  two  hundred  and  ninety-four  of  the  acts 
of  eighteen  hundred  and  seventy.  And  all  said  courts  and 
magistrates,  in  any  case  in  which  they  now  have  jurisdic- 
tion by  law,  shall  have  authority  to  sentence  and  commit 
to  the  house  of  employment  and  reformation,  known  as 
the  Industrial  School,  establisbed  under  said  act,  and  pro- 
ceedings under  this  act  shall  conform  to  the  general  pro- 
visions of  law  relating  to  the  trial  of  juvenile  offenders, 
and  the  directors  of  said  house  may  take  and  receive  any 
child  not  a  resident  at  or  belonging  to  said  city  of  Law- 
rence, who  may  be  convicted  of  any  criminal  offence,  in 
the  same  manner  and  on  the  same  conditions  as  are  pro- 
vided in  said  act  in  the  case  of  children  resident  at  or 
belonging  to  said  city  of  Lawrence,  who  may  be  convicted 
of  a  criminal  offence.  The  said  directors  may  enter  into 
agreement  with  the  overseers  of  the  poor  or  other  author- 
ities of  any  city  or  town,  in  regard  to  the  reception  of 
juvenile  offenders,  resident  in  or  belonging  to  such  city  or 
town,  who  may  be  sentenced  to  said  house,  and  in  regard 
to  compensation  for  their  custody  and  support  while 
inmates  thereof. 

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

Approved  June  26,  1874. 

An  Act  to  revise  and   consolidate  the  provisions  of  the  >^7      onn 

GENERAL  STATUTES  AND  OF  SUBSEQUENT  GENERAL  ACTS   RELATING    '^'**      ^  ' '^• 
TO   RAILROADS. 

Be  it  enacted,  <fcc.,  as  follows  : 

I.  Pkelimikatit  Sections. 
1.    Extent  and  Purvieio  of  this  Act. 
Section  1.     This  act  may  be   cited  as  the  "  General  c^enerai railroad 

•  act. 

Railroad  Act,"  one  thousand  eight  hundred  and  seventy- 
four. 

Section  2.  In  the  construction  of  this  act,  except  construction  of 
where  such  meaning  would  be  repugnant  to  the  context  or  and  phrases. 
contrary  to  the  manifest  intention  of  the  legislature,  the 
phrase  "railroads  and  railways"  shall  be  construed  to 
include  all  railroads  and  railways  in  this  Commonwealth 
(except  marine  railways),  whether  operated  by  steam  or 
by  animal  power,  and  whether  operated  by  the  corpora- 
tions owning  them  or  by  other  corporations  or  otherwise ; 
"  railroad  "  shall  be  construed  to  mean  a  railroad  or  rail- 


348  1874.— Chaptee  372. 

wa}^  operated  by  steam  power;  "street  railway "  shall  be 
construed  to  mean  a  railroad  or  railway  operated  by  ani- 
mal power.  The  phrase  "railroad  corporation"  shall  be 
construed  to  mean  the  corporation  w^iich  lays  out,  con- 
structs, maintains  or  operates  a  railroad  operated  by  steam 
power,  and  "railroad  company"  shall  have  no  different 
meaning  from  "railroad  corporation."  The  phrase  "street 
railway  company  "  is  reserved  for  a  corporation  by  which 
a  street  railway  is  constructed,  maintained  or  operated. 
When  railroad         SECTION  3.     When  a  railroad  laid  out  and  constructed 

IS  constructed       ^  ••i/.n  ..tt 

by  one  corpora-  by  ouc  corporation  IS  lawfully  maintamed  and  operated  by 
ed  by  another? "  another  Corporation,  the  latter  shall  be    subject   to   the 
lecVto"fri  duties  duties,  liabilities,  restrictions  and  other  provisions  as  they 
and  Habiuties.     ^^q  gg|   forth  in  this  act,  respecting  or  arising  from  the 
maintenance  and  operation  of  such  railroad,  in  the  same 
manner  as  if  it  had  been  laid  out  and  constructed  by  said 
latter   corporation.     When  a  railroad   is   lawfully  main- 
tained and  operated  by  trustees,  they  shall  in  like  manner 
be  subject  to  the  duties,  liabilities,  restrictions  and  other 
provisions  respecting  or  arising  from  the  maintenance  and 
operation  of  such  railroad  which  are  attached  in  this  act  to 
the  corporation  for  whose   stockholders  or   creditors  or 
either  they  are  trustees. 
Powers  and  SECTION  4.    Railroad  corporations  heretofore  established 

in  this  Commonwealth,  Avhether  by  special  act  or  in  con- 
formity wdth  the  provisions  of  the  general  laAv  passed  in 
the  year  one  thousand  eight  hundred  and  seventy-two, 
shall  have  the  powers  and  privileges  and  be  subject  to  the 
duties,  liabilities,  restrictions  and  other  provisions  con- 
tained in  this  act;  which,  so  far  as  inconsistent  with  char- 
ters gi-anted  since  the  eleventh  day  of  March,  one  thousand 
eight  hundred  and  thirty-one,  shall  be  deemed  and  taken 
to  be  in  alteration  and  amendment  thereof:  provided,  that 
nothing  herein  contained  shall  be  construed  to  impair  the 
validity  of  any  special  power  heretofore  conferred  by  char- 
ter or  other  special  act  upon  any  particular  railroad  corpo- 
ration which  has  already  exercised  such  power,  or  to  pre- 
vent the  continued  exercise  thereof,  conformably,  so  far  as 
may  be,  to  the  provisions  of  this  act ;  nor  shall  anything 
herein  contained  affect  any  act  done  or  any  right  accruing, 
accrued  or  established,  or  any  proceedings,  doings  or  acts 
ratified  or  confirmed,  or  any  suit  or  proceeding  had  or 
commenced  in  any  case  before  the  act  takes  effect,  but  the 
proceedings  therein  shall,  when  necessary,  conform  to  the 


1874.— Chaptee  372.  349 

provisions  of  this  act ;  and  all  persons  who  at  the  time 
when  this  act  takes  effect  hold  any  office  under  any  of  the 
acts  consolidated  herein,  shall  continue  to  hold  the  same 
according  to  the  tenure  thereof. 

Section  5.     In  the  application  of  this  act  to  the  fixing  Location  and 

/.  ,  jiij-  ii-  -i  1    construction  of 

ot  routes  or  the  location,  construction,  maintenance  and  railroads lu 
operation  of  railroads  in  the  city  of  Boston,  unless  it  is  ^°*'°°- 
otherwise  provided  in  such  section,  the  duties  imposed  by 
any  section  of  this  act  upon  the  mayor  and  aldermen  of  a 
city  or  upon  the  selectmen  of  a  town,  or  upon  the  county 
commissioners  as  a  tribunal  of  original  jurisdiction,  shall 
devolve  upon  the  board  of  aldermen  of  said  city ;  and 
when  a  jury  is  required,  application  therefor  shall  be  made 
to  the  superior  court  in  the  manner  prescribed  in  section 
twenty-nine  of  chapter  forty-three  of  the  General  Statutes  ; 
and  duties  devolved  upon  the  county  commissioners  by 
reference  or  appeal  from  the  mayor  and  aldermen  or  select- 
men, shall,  in  cases  arising  in  said  city,  devolve  upon  the 
board  of  railroad  commissioners. 

2,    Board  of  liaihoad  Commissioners, 
Section  6.     There  shall  be  a  board  of  railroad  coramis-  Railroad  com 

•    ,  •  #•  Ai  i.       i.  rri  mls»ioners. 

sioners,  consisting  ot  three  competent  persons.  Ihe  gov- 
ernor, with  the  advice  and  consent  of  the  council,  shall, 
before  the  first  day  of  July  in  each  year,  appoint  a  com- 
missioner, to  continue  in  office  for  the  term  of  three  years 
from  said  day ;  and  if  a  vacancy  happens,  by  resignation 
or  otherwise,  he  shall  in  the  same  manner  aj^point  a  com- 
missioner for  the  residue  of  the  term,  and  may  in  the  same 
manner  remove  any  commissioner.  Said  board  shall  have  cierk  of  board. 
a  clerk,  to  be  appointed  by  the  governor,  whose  duty  it 
shall  be  to  keep  a  full  and  faithful  record  of  the  proceed- 
ings of  said  board,  and  to  serve  such  notices  as  may  be 
required  of  him  by  the  commissioners.  Said  commission- 
ers and  clerk  shall  be  sworn  to  the  due  and  fjiithful  per- 
formance of  the  duties  of  their  respective  offices  before 
entering  upon  the  discharge  of  the  same ;  and  no  person 
in  the  employ  of  any  railroad  corporation,  or  owning  stock 
in  any  railroad  corporation,  shall  hold  either  of  said  offices. 

Section  7.     Said  commissioners  shall  have  the  general  [^""awTimeT 
supervision  of  all  railroads  and  railways,  and  shall  exam-  vision  of  rail- 
ine  the  same,  and  keep  themselves  informed  as  to- their 
condition  and  the  manner  in  which  they  are   operated, 
with  reference  to  the  security  and  accommodation  of  the 


350 


1874.— Chapter  372. 


To  see  that  all 
laws  are  com- 
plied with. 


Repairs,  rolling- 
stock,  station 
houses,  &c. 


Commissioners 
to  examine  con- 
dition of  road, 
upon  complaint, 
&c.,  of  city  and 
town  authori- 
ties. 


public,  and  the  compliance  of  the  several  corporations 
with  the  provisions  of  their  charters  and  the  laws  of  the 
Commonwealth ;  and  the  provisions  of  the  six  following 
sections  shall  apply  to  all  railroads  and  railways,  and  the 
corporations,  trustees  or  others  owning  or  operating  the 
same. 

Section  8.  Whenever  in  the  judgment  of  the  railroad 
commissioners  it  shall  appear  that  any  such  corporation 
has  violated  any  law,  or  neglects  in  any  respect  or  partic- 
ular to  comply  with  the  terms  of  the  act  by  which  it  was 
created,  or  with  the  provisions  of  any  of  the  laws  of  the 
Commonwealth,  they  shall  give  notice  thereof  in  writing 
to  such  corporation ;  and  if  the  violation  or  neglect  is 
continued  after  such  notice,  the  board  shall  forthwith  pre- 
sent the  facts  to  the  attorney -general,  who  shall  take  such 
proceedings  thereon  as  he  may  deem  expedient. 

Section  9.  Whenever,  in  the  judgment  of  the  railroad 
commissioners,  it  shall  appear  that  repairs  are  necessary 
upon  any  such  railroad,  or  that  any  addition  to  the  rolling 
stock,  or  any  addition  to  or  change  of  the  stations  or  sta- 
tion-houses, or  any  change  in  the  rates  of  fares  for  trans- 
porting freight  or  passengers,  or  any  change  in  the  mode 
of  operating  the  road  and  conducting  its  business,  is  rea- 
sonable and  expedient  in  order  to  promote  the  security, 
convenience  and  accommodation  of  the  public,  they  shall 
give  information  in  writing  to  the  corporation  of  the  im- 
provements and  changes  which  they  adjudge  to  be  proper; 
and  a  report  of  the  proceedings  shall  be  included  in  the 
annual  report  of  the  commissioners  to  the  legislature. 

Section  10.  Upon  the  complaint  and  application  of 
the  mayor  and  aldermen  of  any  city,  or  the  selectmen  of 
any  town,  within  which  any  part  of  any  such  raih'oad  is 
located,  it  shall  be  the  duty  of  the  railroad  commissioners 
to  make  an  examination  of  the  condition  and  operation 
thereof ;  and  if  twenty  or  more  legal  voters  in  any  city  or 
town  shall,  by  petition  in  writing,  request  the  mayor  and 
aldermen  of  such  city,  or  the  selectmen  of  such  town,  to 
make  the  said  complaint  and  application,  and  the  mayor 
and  aldermen,  or  the  selectmen,  refuse  or  decline  to  com- 
ply with  the  petition,  they  sliall  endorse  upon  the  petition 
the  reason  of  such  non-compliance,  and  return  it  to  the 
petitioners;  and  the  petitioners  may  thereupon,  within 
ten  days  of  such  refusal  and  return,  present  the  petition 
to  said  commissioners ;  and  said  commissioners  shall,  if 


1874.— Chaptee  372.  351 

upon  due  inquiry  and  hearing  of  the  petitioners  they  think 
the  public  good  demands  the  examination,  proceed  to 
make  it  in  the  same  manner  as  if  called  upon  by  the  mayor 
and  aldermen  of  any  city,  or  the  selectmen  of  any  town. 
Before  proceeding  to  make  such  examination  in  accordance 
with  such  application  or  petition,  said  commissioners  shall 
give  to  the  petitioners  and  the  corporation  reasonable 
notice  in  writing  of  the  time  and  place  of  entering  upon 
the  same.  If  upon  such  examination  it  shall  appear  to 
said  commissioners  that  the  complaint  alleged  by  the  ap- 
plicants or  petitioners  is  Avell  founded,  they  shall  so  ad- 
judge, and  shall  inform  the  corporation  operating  such 
railroad  of  their  adjudication,  in  the  same  manner  as  is 
provided  in  section  nine. 

Sectiox  11.      The   board   of    railroad    commissioners  to  investigate 
shall  investigate  the  causes  of  any  accident  on  a  railroad  dents!  °^  '"^"' 
resulting  in  loss  of  life,  and  of  any  accident  not  so  result- 
ing, which,  in  their  judgment,  shall  require  investigation. 

Section  12.     Everv  railroad   corporation    shall  at  all  to  be  famished 

..  j_     ^       "•    I      ii  Ml  •       •  bv  railroads 

times,  on  request,  lurnish  the  railroad  commissioners  any  with  informa- 
information  required  by  them  concerning  the  condition,  dition^manage- 
management  and  operation  of  its  railroad,  and  particularly  ^^'^^'  ^°- 
with  copies  of  all  leases,   contracts   and  agreements  for 
transportation,  with  express  companies  or  otherwise,  to 
which  it  is  a  party,  and  also  with  the  rates  for  trans- 
porting freight  and  passengers  upon  its  road  and  other 
roads  with  which  its  business  is  connected. 

Section  13.      No   request   or   advice    of  the   railroad  Advice  of  com- 

1111  .1  n^ji-  ••  missioners  not 

commissioners  shall  have  the  enect  to  impair  in  any  man-  to  relieve  raii- 
ner  or  degree  the  legal  duties  and  obligations  of  any  rail-  dmilfand  ulf^ 
road  corporation  or  its  legal  liability  for  the  consequence  t)iiities. 
of  its  acts,  or  of  the  neglect  or  mismanagement  of  any  of 
its  agents  or  servants. 

Section  14.  The  board  of  railroad  commissioners  Annual  report 
shall  make  an  annual  report  to  the  legislature  of  their  lhe^*egislitll?e. 
doings,  including  such  statements,  foots  and  explanations 
as  will  disclose  the  actual  working  of  the  system  of  rail- 
road transportation  in  its  bearing  upon  the  business  and 
prosperity  of  the  Commonwealth,  and  such  suggestions  as 
to  the  general  railroad  policy  of  the  Commonwealth,  or  as 
to  any  part  thereof,  or  as  to  the  condition,  affairs  or  con- 
duct of  any  of  the  railroad  corporations,  as  may  seem  to 
them  appropriate. 

Section  15.      The   board   of   railroad   commissioners  to  prescribe 

form  of  retuTDB 


352 


1874.— Chaptee  372. 


to  be  made  by 
railroads. 


Commissioners' 
report. 


Salaries  of  com- 
missioners aud 
clerk. 


shall  prescribe  the  form  for  the  annual  return  required  to 
be  made  by  railroad  corporations,  and  may,  from  time  to 
time,  make  changes  and  additions  in  such  form,  giving  to 
the  corporations  one  year's  notice  of  any  such  changes  or 
additions  as  require  any  alteration  in  the  method  or  form 
of  keeping  their  accounts  ;  and  the  board  shall,  on  or 
before  the  fifteenth  day  of  September  in  each  year,  furnish 
blank  forms  of  such  returns.  When  the  return  received 
from  any  corporation  is  defective  or  probably  erroneous, 
the  board  shall  notify  the  corporation  to  amend  the  same 
within  fifteen  days.  The  board  shall  prepare  such  tables 
and  abstracts  of  all  the  returns  as  they  shall  deem  expe- 
dient, and  their  annual  report  shall  be  transmitted  to  the 
secretary  of  the  Commonwealth  on  or  before  the  first 
Wednesday  in  January  in  each  year,  to  be  laid  before  the 
legislature.  The  originals  of  the  returns,  or  returns  as 
amended,  subscribed  and  sworn  to  by  the  directors  of  the 
corporations,  shall  be  preserved  in  the  office  of  the  board. 

Section  16.  Thirty-five  hundred  copies  of  the  annual 
report  of  the  board  of  railroad  commissioners,  together 
with  the  returns  of  the  corporations,  shall  be  printed  as  a 
document  of  the  public  series,  bearing  from  year  to  year 
such  number  therein  as  may  be  assigned  to  it  by  the  sec- 
retary of  the  Commonwealth,  aud  such  number  of  copies 
of  said  document  as  he  may  determine  shall  be  bound  in 
a  substantial  volume,  one  copy  of  which  shall  be  furnished 
to  each  member  of  the  legislature  for  the  time  being,  and 
one  copy  (on  application  therefor)  to  any  corporation 
whose  return  is  printed  therein.  In  addition,  three  thou- 
sand copies  of  their  annual  report  shall  be  printed  for  the 
use  of  the  commissioners. 

Section  17.  The  annual  salary  of  the  railroad  com- 
missioners shall  be  four  thousand  dollars  each,  and  of  their 
clerk  two  thousand  five  hundred  dollars,  paj'able  quarterly 
from  the  treasury  of  the  Commonwealth.  The  commis- 
sioners shall  be  provided  with  an  ofiice  in  the  state  house, 
or  in  some  other  suitable  place  in  the  city  of  Boston,  in 
which  their  records  shall  be  kept.  In  the  discharge  of 
the  duties  of  their  ofiice,  they  shall  be  transported  over 
the  several  railroads  and  railways  in  the  Commonwealth, 
free  of  charge ;  they  may  employ  and  take  with  them  ex- 
perts, or  other  agents,  Avhose  services  they  may  deem  to 
be  temporarily  of  importance ;  and  they  may  draw  upon 
the  treasurer  of  the  Commonwealth  for  a  sum  not  exceed- 


1874.— Chapter  372.  353 

iug  five  hundred  dollars  annually,  to  be  expended  by  them 
in  procuring  necessary  books,  maps,  statistics  and  sta- 
tionery, and  in  defraying  expenses  incidental  and  neces- 
sary to  the  discharge  of  the  duties  of  their  office.  A 
statement  of  such  expenditures  shall  accompany  their 
annual  report. 

Section  18.     The  annual  expenses  of  said  board,  in-  Annual  ex- 

IT  1       •  11  1  •  penses  of  board 

eluding  salaries,  shall  be  borne  by  the  several  corporations  to  be  borne  by 

.    "  ,.  .,  1  J  1         •!  T  corporations. 

owning  or  operating  railroads  or  street  railway's,  according 
to  their  income  and  profits,  to  be  apportioned  by  the  tax 
commissioner,  who,  on  or  before  the  first  day  of  July  in 
each  year,  shall  assess  upon  each  of  said  corporations  its 
just  proportion  of  such  expenses,  in  proportion  to  its 
income  and  profits,  for  the  year  next  preceding  that  in 
which  the  assessment  is  made,  and  such  assessments  shall 
be  collected  in  the  manner  provided  by  law  for  the  collec- 
tion of  taxes  upon  corporations. 

o\     Estciblishment  of  Railroad  Corjjorations. 

Section  19.  Any  number  of  persons,  not  less  than  ^/i^ur'^cor- 
tweiit^^-five,  a  majority  of  them  being  inhabitants  of  this  porations. 
state,  may  associate  themselves  together  by  articles  in 
writing,  with  the  intention  of  forming  a  railroad  corpora- 
tion;  and,  upon  complying  with  the  provisions  of  section 
twenty-nine  of  this  act,  shall,  with  their  associates  and 
successors,  be  and  remain  a  corporation,  with  the  powers 
and  privileges,  and  subject  to  the  duties,  liabilities  and 
restrictions  set  forth  in  this  act. 

Section  20.     The  articles  of  asspciation  shall  set  forth  f-Ii'^I^H^^ 

'  association. 

the  name  of  the  corporatif)n  ;  the  termini  of  the  railroad 
proposed  to  be  built ;  its  length  as  near  as  may  hQ,  and 
the  name  of  each  citv,  town  and  countv  throuo^h  or  into 
which  its  route  extends ;  its  gauge,  which  shall  be  either 
four  feet  eight  and  one-half  inches,  or  three  feet ;  the 
amount  of  the  capital  stock  of  the  corporation,  which 
shall  not  be  less  than  fifteen  thousand  dollars  for  each 
mile,  when  the  gauge  is  four  feet  eight  and  one-half  inches, 
and  not  less  than  five  thousand  dollars  for  each  mile,  when 
the  gauge  is  three  feet,  and  divided  into  shares  of  one 
hundred  dollars  each ;  and  the  names  of  at  least  nine  per- 
sons to  act  as  a  board  of  directors  until  others  are  chosen 
by  the  corporation.  Each  associate  shall  subscribe  to  the 
articles  his  name,  residence,  post-office  address,  and  the 
number   of   shares    of  stock   which   he  airrees   to   take ; 

45 


354 


1874.— Chapter  372. 


Corporate 
name. 


Directors  to 
pulilisb  articles 
of  association 
in  newspapers. 


To  prepare  map 
of  route,  obtain 
report  of  engi- 
neer and  esti- 
mate of  cost  of 
construction. 


but  no  subscriber  shall  be  bound  to  pay  beyond  ten  per 
centum  of  the  amount  of  his  subscription,  unless  a  corpo- 
ration is  duly  established. 

Section  21.  The  corporate  name  assumed  shall  be  one 
not  in  use  by  any  other  corporation  in  this  state,  shall 
contain  the  words  "  railroad  company  "  at  the  end  thereof, 
and  shall  be  changed  only  by  act  of  the  legislature.  The 
associates  may,  from  time  to  time,  at  any  meeting  called 
for  the  purpose,  reduce  the  amount  of  the  capital  stock  : 
provided,  that  it  shall  not  be  reduced  Ijelow  the  limit  pre- 
scribed in  the  preceding  section  ;  and  they  ma}^  in  like 
manner,  change  the  gauge  of  their  road  to  the  other  gauge 
allowed  by  said  section.  The  directors  shall  be  subscrib- 
ers to  the  articles  of  association,  and  a  majority  of  them 
shall  be  inhalntants  of  this  state.  They  shall  appoint  a 
clerk  to  keep  a  record  of  their  doings,  and  a  treasurer, 
who  shall  hold  their  respective  offices  until  a  clerk  and 
treasurer  of  the  corporation  are  chosen.  The  directors 
may  fill  any  vacancy  which  may  happen  in  their  board,  or 
in  the  office  of  clerk  or  treasurer,  previous  to  the  estab- 
lishment of  the  corporation. 

Section  22.  The  directors  shall  cause  a  copy  of  the 
articles  of  association  to  be  published  in  one  or  more 
newspapers  in  each  county  in  which  the  said  road  is  pro- 
posed to  be  located,  at  least  once  a  week  for  three  succes- 
sive weeks,  and  also  cause  a  copy  of  said  articles  to  be 
posted  in  each  city  or  town  in  which  said  road  is  proposed 
to  be  located,  at  least  three  weeks  before  proceeding  to 
fix  the  route  of  said  road.  The  sworn  certificate  of  the 
clerk  shall  be  evidence  of  the  posting  and  publication. 

Section  23.  The  directors  shall  prepare  a  map  of  the 
proposed  route  on  an  appropriate  scale,  with  a  profile 
thereof  on  a  vertical  scale  of  ten  to  one  as  compared  with 
the  horizontal  scale  ;  and  with  the  report  of  a  skilful  en- 
gineer, based  on  actual  examination  and  survey,  showing 
the  kind  and  amount  of  excavation,  filling,  bridging  and  ma- 
sonry required,  the  proposed  grades,  the  number  of  high- 
ways and  other  railroads,  if  any,  and  of  navigable  streams 
and  tide-waters,  if  any,  to  be  crossed,  and  the  manner 
proposed  for  crossing  the  same,  which  must  be  conforma- 
ble to  the  provisions  of  section  eighty-five,  the  general 
profile  of  the  surface  of  the  country  through  which  the 
road  will  pass,  the  feasibility  of  the  route,  the  manner  of 
constructing  the  road,  and  a  detailed  estimate  of  the  cost 
of  construction. 


1874.— Chapter  372.  355 

Section  24.     The  directors  shall  submit  said  map  and  &° '"o  mlyor^^' 
rejDort  of  the  engineer  to  the  selectmen  of  any  town,  and  and  aldermen. 
the  mayor  and  aldermen  of  any  city  named  in  the  articles 
of  association  ;    such   selectmen  or  mayor  and  aldermen  Hearing  to  be 
shall  thereupon  appoint  a  place  and  time  for  a  hearing,  of 
■which  notice  shall  be  given  by  publication  in  one  or  more 
newspapers  published  in  the  county  for  two   successive 
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  at  least  two 
weeks  before  such  hearing. 

Section  25.  AVhenever  the  selectmen  of  any  town  or  Rome  may  be 
the  mayor  and  aldermen  of  any  city  named  in  the  articles  ^^^^^  ^^°^' 
of  association,  after  such  notice,  exhibition  of  the  map, 
and  hearing,  shall  agree  with  the  directors  as  to  the  pro- 
posed route  or  any  route  of  their  railroad  in  said  town  or 
city,  such  agreement  shall  be  sufficient  to  fix  the  same ; 
and  Si^id  selectmen  or  mayor  and  aldermen  shall  sign  and 
give  to  the  directors  a  certificate,  setting  forth  the  route 
so  fixed. 

Section  26.     "Whenever  the  directors  fail  to  agree  with  if  agreement  ia 
the  selectmen  of  any  town  or  the  mayor  and  aldermen  of  IJfaybefixe'dby 
any  city  as  to  the  route  of  their  railroad  in  such  town  or  commissioners. 
city,  said    directors  may  petition  the  board  of   railroad 
commissioners  to  fix  the  route  in  said  town  or  city,  who, 
after  due  notice  to  said  selectmen  or  mayor  and  aldermen, 
shall  hear  the  parties  and  fix  the  route  in  such  town  or 
city.     Such  board  shall  make  a  certificate  setting  forth  the 
route  as  fixed  by  them ;  and  the  same  shall  be  certified  by 
the  clerk  of  said  board  to  the  directors.     The  costs  of  the 
petition  shall  be  paid  by  the  directors.     All   variations 
from  the  route  first  proposed  shall  be  made  upon  the  map. 

Section  27.     The  route  of  a  railroad  fixed  under  the  Route thusfixed 
two  preceding  sections  may  include  such  spurs  and  branches  ^um  and  ^ 
and  connecting  and  terminal  tracks  in  any  city  or  town  as  ^"^^^ches. 
ma}'  be  necessary  to  enable  the  corporation  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  longitudinally  within  the  limits  of  a 
public  way  without  the  consent  of  the  mayor  and  alder- 
men, or  the  selectmen,  and  in  giving  such  consent  they 
may  impose  such  conditions  as  to  the  location,  construc- 
tion and  use  thereof  as  may  be  agreed  upon  between  them- 
selves and  the  directors  ;  and  the  corporations  owning  or 


356 


1874.— Chaptek  372. 


When  sufficient 
capital  stock  has 
been  subscribed 
for  certificate, 
map  and  report 
to  be  deposited 
with  board. 


Clerk  to  certify 
when  require- 
ments of  law 
have  been  com- 
plied with. 


operating  any  such  tracks  so  laid  longitudinally  in  a  pub- 
lic way,  shall,  in  respect  to  the  same,  be  liable  to  the  city 
or  town  in  which  the  same  are  laid,  for  all  loss  or  damao^e 
caused  thereto  by  the  construction  and  use  of  such  tracks, 
and  by  the  negligence  or  default  of  their  agents  or  work- 
men thereon. 

Section  28.  When  the  amount  of  capital  stock  named 
in  section  twenty  has  been  subscribed  to  the  articles  of 
association  in  good  faith  by  responsible  parties,  and  at 
least  ten  per  centum  of  the  par  value  of  each  and  every 
share  thereof  actually  paid  in  cash  to  the  treasurer,  the 
directors,  clerk  and  treasurer  shall  endorse  upon  the  arti- 
cles of  association,  or  annex  thereto  their  certilicate,  set- 
ting forth  these  facts,  and  that  it  is  intended  in  good  faith 
to  locate,  construct,  maintain  and  operate  the  railroad  upon 
the  route  fixed  as  aforesaid,  and  shall  also  annex  to  said 
articles  the  certificate  of  publication  mentioned  in  section 
twenty-two  and  the  several  certificates  fixing  the  route  of 
the  railroad,  and  shall  present  the  same  for  inspection  to 
the  board  of  railroad  commissioners,  and  shall  at  the  same 
time  deposit  in  the  office  of  said  board  the  report  of  the 
engineer  and  the  map. 

Sectio]s{  29.  Whenever  it  is  shown  to  the  satisfaction 
of  the  board  of  railroad  commissioners  that  the  require- 
ments of  this  act  preliminary  to  the  establishment  of  a 
railroad  corporation  have  been  complied  with,  the  clerk  of 
said  board,  upon  their  order,  shall  endorse  upon  the  arti- 
cles of  association,  or  annex  thereto,  a  certificate,  setting 
forth  the  fact  that  the  requirements  of  the  law  appear  to 
have  been  complied  with.  The  directors  shall  thereupon 
file  the  articles  of  association,  with  all  the  certificates 
endorsed  thereon  or  annexed  thereto,  in  the  otiice  of  the 
secretary  of  the  Commonwealth  ;  who,  upon  the  payment 
to  him  of  a  fee  of  fifty  dollars  (to  be  included  in  his  return 
of  fees  and  paid  into  the  treasury),  shall  record  the  said 
articles  of  association  and  certificates  endorsed  thereon  in 
a  book  to  be  kept  for  that  purpose,  and  shall  issue  a  cer- 
tificate substantially  in  the  following  form  : — 


Form  of  certifi- 
cate. 


Commonwealth  of  Massachusetts. 

Be  it  known  that  whereas  [names  of  the  subscribers  to  tlie  articles  of 
association]  have  associated  themselves  with  the  intention  of  forming 
a  corporation  under  the  name  of  the  [name  of  the  corporation]  for 
the  purpose  of  locatino;,  constructing,  maintaining  and  operating  a 
railroad  [description  of  the  road  as  in  the  articles  of  association]  and 


1874.— Chapter  372.  357 

have  complied  with  the  statutes  of  this  Commonwealth  in  such  eases 
made  and  provided  ;  now  therefore,  I,  [name  of  the  secretary]  secre- 
tary of  the  Commonwealth  of  Massachusetts,  do  hereby  certify  that 
the  persons  afoi'esaid,  their  associates  and  successors,  are  legalh' 
established  as  a  corporation,  under  the  name  of  the  [name  of  the 
corporation]  ;  with  all  the  jJOAvers  and  privileges,  and  subject  to  all 
the  duties,  liabilities  and  restrictions  set  forth  in  all  general  laws 
which  now  are  or  hereafter  may  be  in  force  relating  to  railroad 
corjiorations. 

In  witness  whereof,  I  have  hereunto  subscribed  my  official  signa- 
ture, and  aiBxed  the  seal  of  said  Commonwealth,  this  day 
of                   in  the  year                    [Day,  month  and  year.] 

The  certificate,  so  executed,  shall  be  recorded  with  the  To  be  recorded, 
articles  of  association  ;  and  the  original  certificate,  or  a 
duly  certified  copy  of  the  record  thereof,  shall  be  conclu- 
sive evidence  of  the  establishment  of  the  corporation  at 
the  date  of  such  certificate. 

Section  30.     Upon  the  issue  of  the  certificate  of  estab-  organization  of 
lishment,  as  provided  in  the  preceding  section,  the  corpo-  *=o''?o''*''o"' ^  <^- 
ration  may  proceed  to  organize,  and  to  locate  its  railroad 
upon  the  route  alread}^  fixed,  and  to  construct,  maintain 
and  operate  the  same,  in  the  manner  hereafter  prescribed, 
subject  to  the  following  special  provisions, — 

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

Second.  If  the  capital  stock  fixed  in  the  articles  upon  capital  stock. 
the  filing  of  which  the  certificate  of  establishment  was 
issued,  is  found  to  be  insufficient  for  the  construction  or 
equipment  of  the  railroad,  the  corporation,  at  a  meeting 
called  for  the  purpose,  may  increase  the  same  from  time 
to  time,  to  the  amount  necessary  for  the  purposes  afore- 
said. The  corporation  may  in  like  manner  reduce  the 
amount  of  the  capital  stock,  provided  it  shall  not  be  re- 
duced below  the  limit  prescribed  in  section  twenty ;  and 
may  in  like  manner  change  the  gauge  to  the  other  author- 
ized gauge.  If  am'  such  increase  or  reduction  of  capital 
or  chan2;e  of  srauge  is  made,  a  certificate  of  the  fact  shall 


358  1874.— Chaptee  372. 

within  thirty  days  thereafter  be  filed  in  the  office  of  the 

secretary  of  the  Commonwealth. 
Construction  of        Third.     If  snch  corporation   does  not  begin  the  con- 
menced  wit*h^?"  struction  of  its  road  and  expend  thereon  at  least  ten  per 
cTmpie'ted  with-  centiim  of  the  amount  of  its  original  capital  stock,  within 
in  four  years,      ^^^q  years  after  the  date  of  its  certificate  of  establishment, 

and  does  not  complete  its  road  and  open  the  same  for  use 

within  four  years  after  said  date,  its  corporate  powers  and 

existence  shall  cease. 

Fourth.     No  corporation  having  a  railroad  of  the  gauge 

of  three  feet,  shall  commence  running  its  trains,  until  its 

paid-up  capital  stock  shall  be  equal  to  at  least  one-half  of 

its  cost,  including  equipment. 

When  main  SECTION  31.     A  railroad  corporation,  after  having  fin- 

road  is  finished,    •   1      T   .1  J.        i-  c  •!.  •  -\  1  j_    l^ 

branches  and      ishccl  the  coustructiou  01  its  maui  road  and  put  the  same 
be*bum."^  ™^'^  in  opei-ation,  may  build  branches  or  extensions  of  its  rail- 
road at  any  time  in  accordance  with  the  provisions  of  this 
act  regulating  the  construction  of  railroads,  whenever  an 
amount  of  additional  capital  stock  applicable  solely  to  the 
construction  of  such  branch  or  extension  shall  have  been 
subscribed,  and  a,  certificate  filed  according  to  the  provis- 
Feeof  $5otobe  ious  of  scctiou  forty-sevcu  of  this  act.     Upon  the  filing 
of  commorT- ^'^  of  such  Certificate  there  shall  be  paid  to  the  secretary  of 
■wealth.  |.j^g  Commonwealth  the  sum  of  fifty  dollars,  which  shall  be 

included  in  his  return  of  fees  and  paid  into  the  treasury  : 
provided,  however,  that  nothing  herein  contained  shall  au- 
thorize the  construction  of  any  branch  railroad  within  the 
distance  of  eight  miles  from  the  state  house,  or  invalidate 
any  lease  or  contract  between  railroad  corporations  made 
pursuant  to  existing  provisions  of  law. 
Construction  of       SECTION  32.     If  auv  railroad  corporation  proceedinof  to 

branch   &c.   to  ,  .  ^ 

be  commenced    build  a  brauch  Or  exteiisioii  under  this  act,  or  by  authority 
years"and°com.    of  any  prlor  act,  shall  not  have  begun  the  construction  of 
foui'^yelrs!''"      1^*5    brauch    or   extension,   and   shall  not  have    expended 
thereon  at  least  ten  per  centum  of  the  additional  capital 
stock  required  by  the  preceding  section,  within  two  years 
after  the  date  of  the  certificate  mentioned  therein,  or  after 
the  passage  of  the  act  authorizing  such  brauch  or  exten- 
sion, and  shall  not  have  completed  and  put  in  operation 
such  branch  or  extension  within  four  years  after  said  date, 
its  powers  under  such  prior  act  shall  cease,  and  no  further 
proceedings  shall  be  had  under  this  act. 
Petition  to  legis-      Section  33.     If  auv  pcrsoiis  shall  see  fit  to  present  to 

lature  for  act  of  .    -  .  '.     ^     „  „    .  •*■.,. 

incorporation,     tlic  Icgislaturc  a  pctitiou  toF  au  act  01  incorporation  tor 


1874.— Chapter  372.  359 

the  purpose  of  constructing  a  railroad,  such  persons  shall  'X/c^Mt^":^" 
conform  to  the  provisions  of  sections  thirteen,  fourteen,  tion. 
fifteen  and  sixteen  of  chapter  sixty-three  of  the  General 
Statutes,  hereinafter  excepted  from  repeal ;  but  the  excep- 
tion of  such  sections  from  repeal  shall  not  be  construed  as 
in  any  way  affecting  the  manner  herein  before  provided  for 
estal)lishing  railroad  corporations  and  constructing  rail- 
roads ;  and  the  routes  of  railroads  hereafter  constructed, 
including  branches  and  extensions,  shall  be  fixed  accord- 
ing to  the  provisions  of  sections  twentj'-five  and  twenty- 
six  of  this  act,  excepting  so  far  as  the  route  of  such  rail- 
road, branch  or  extension  ma}'  have  been  already  fixed  by 
some  special  act ;  and  the  location  and  construction  of 
such  railroads,  branches  and  extensions  when  not  now 
actually  begun  shall  proceed  according  to  the  provisions 
of  this  act. 

Section  34.     Whenever  an}''  railroad,  or  any  branch  or  when  road  is 
extension  of  a  railroad  shall  be  finished  and  opened  for  mapT&c°to"be 
use,  the  corporation  by  which  the  same  was  constructed  fecrVtaiy^f  °^ 
shall  within  one  year  thereafter  cause  a  map  and  profile  Coi>imonweaith. 
thereof,  with  tables  of  grade  .and  curvature,  and  a  state- 
ment of  the  other  characteristics  of  the  road,  in  such  form 
as  the  board  of  railroad  commissioners  may  prescribe,  to 
be  certified  by  its  president  and  engineer,  and  filed  in  the 
office  of  the  secretary  of  the  Commonwealth. 

4.    Town  Subscriptions, 
Section  35.     Any  town  and  any  city  having  by  the  Tows  and 
census  of  the  3'ear  eighteen  hundred  and  seventy  less  than  stock  In  railroad 
thirty  thousand  inhabitants,  within  which  the  road  of  any  ^"'TO'-^t'^i^- 
railroad  corporation  hereafter  organized,  or  the  roads  of 
any   existing   railroad    corporation    not  now  constructed 
shall  be  located  or  terminate,  may  subscribe  for  and  hold 
shares  of  the  capital  stock  or  the  securities  of  such  rail- 
road corporations,  or  either  of  them,  to  an  amount  not 
exceeding,  for  the  aggregate  in  all  such  corporations,  two 
per  centum  of  the  valuation  of  such  town  or  city  for  the 
year  in  which  the  subscription  is  made  ;  and  towns  having 
a  valuation  not  exceeding  three  millions  of  dollars  may 
subscribe  for  and  hold  the  securities  of  such  corporation 
or  either  of  them  to  an  amount  not  exceeding  three  per 
centum  of  the  valuation  of  such  town  in  the  year  in  which 
the  subscription  is  made,  in  addition  to  the  two  per  centum 
herein  before  provided :  irrovithd,  that  two-thirds   of  the 


360 


1874.— CiiAi'TEE  372 


iz. 


May  become  an 
aBSociate  for  for. 
mation  of  cor- 
poration. 


Town  or  city  to 
authorize  a  per- 
son to  execute 
its  vote. 


Subscription  to 
be  made  within 
twelve  months 
from  vote. 


Towns  and 
cities  may  raise 
money  by  tax  or 


legal  voters,  present  and  voting  l\y  ballot  and  using  the 
check-list,  at  legal  meetings  called  for  the  purpose  in  such 
town  or  city,  and  held  in  like  manner  as  the  meetings  for 
the  choice  of  municipal  officers  are  now  held  by  law  in 
such  town  or  city  respectively,  shall  vote  to  subscribe  for 
such  shares  or  securities  in  such  corporation. 

Section  36.  Any  town  or  city  may  vote,  in  accord- 
ance with  the  provisions  of  the  preceding  section,  to  be- 
come an  associate  for  the  formation  of  a  railroad  corpora- 
tion in  compliance  with  section  nineteen  of  this  act,  and 
by  virtue  of  such  vote,  may  become  an  associate  in  such 
corporation,  with  all  the  powers  and  privileges  enjoyed  by 
any  individual  associate. 

Section  37.  The  form  in  which  the  matters  provided 
for  in  the  two  preceding  sections  shall  be  submitted  to  the 
voters  of  any  town  or  city,  shall  be  determined,  in  cities 
by  a  concurrent  vote  of  both  branches  of  the  city  council, 
and  in  towns  by  the  selectmen  ;  and  whenever  a  town  or 
city  has  voted  to  subscribe  to  the  stock  or  securities  of  a 
railroad  corporation,  or  to  become  an  associate  for  the 
formation  of  such  corporation,  the  mayor  and  aldermen, 
in  cities,  and  the  selectmen  in  towns,  shall  select  some 
person  who  shall  be  authorized,  in  behalf  of  said  city  or 
town,  to  execute  its  vote. 

Section  38.  If  any  subscription,  authorized  under 
section  thirty-five,  by  vote  of  any  town  or  city,  is  not 
actually  macle,  ])y  the  persons  authorized,  within  twelve 
mouths  from  said  vote,  such  vote  shall  be  void ;  and  un- 
less, within  the  said  period  part  of  said  subscription  shall 
have  actually  been  paid,  or  unless  some  proceeding  is 
commenced,  by  such  corporation  to  enforce  payment 
thereof,  and  unless  at  least  twenty  per  centum  of  the  cap- 
ital stock  of  the  corporation  to  which  the  subscription  is 
made  shall  have  been  actually  paid  in,  in  cash,  and  at  least 
ten  per  centum  of  such  capital  stock  is  actually  expended 
by  such  corporation  in  the  construction  of  its  road,  said 
subscription  shall  be  void ;  but  nothing  in  this  act  con- 
tained shall  invalidate  the  action  of  any  town  which  may 
have  already  subscribed  for  shares  or  securities  of  any 
railroad  corporation  before  the  expiration  of  the  time  lim- 
ited by  section  thirt}^  or  by  the  charter  of  such  corpora- 
tion, as  now  existing,  for  the  construction  of  its  railroad. 

Section  39.  Towns  and  cities  subscribing  for  stock  or 
securities  under  this  act,  may  raise  money  to  pay  for  the 


1874.— Chapter  372.  '  361 

same  b}'  tax  or  loan,  aud  may  issue  their  notes  or  bonds  loan  to  pay  for 
for  such  loan  ;  they  may  hold  and  dispose  of  such  stock  "^'^^^ 
aud  securities  in  like  manner  as  other  town  property,  and 
the  selectmen  of  towns,  and  such  jDersons  as  may  be  au- 
thorized by  vote  of  the  city  council  of  cities,  may  at  all 
meetings  of  the  corporations  in  which  the  stock  or  securi- 
ties are  held,  represent  their  respective  municipalities  and 
vote  upon  each  aud  every  share  of  stock  owned  by  them 
respectively.  • 

J  I.     The  Corporatiox. 

1.    Annual  Meeting,  President  and  Directors,  &c. 

Section  40.  Every  railroad  corporation  shall  hold  at  Annual  meeting. 
least  one  meeting  in  each  year,  for  the  choice  of  directors. 
Such  meeting  shall  be  known  as  the  annual  meeting,  and 
shall  be  held  at  such  convenient  place  as  shall  be  estab- 
lished by  its  by-laws.  At  such  meeting  the  corporation 
shall  fix  the  number  of  directors  for  the  ensuing  year, 
which  number  shall  not  be  less  than  five. 

Sectiox  41.  At  all  meetings  of  railroad  corporations,  votes  of  stock 
each  stockholder  shall  be  entitled  to  one  vote  for  each  ''°^'^®"- 
share  held  by  him ;  but  no  stockholder  shall  be  entitled 
to  a  vote  for  any  shares  beyond  one-tenth  part  of  the 
whole  number  of  shares  of  the  capital  stock,  except  that 
cities,  towns  and  railroad  corporations  may  vote  upon  the 
whole  number  of  shares  held  by  them  as  provided  in  sec- 
tions thirty-nine  and  fifty-seven.  No  vote  shall  l)e  given 
upon  shares  owned  by  the  corporation  or  pledged  in  any 
form  to  or  for  its  benefit. 

Section  42.  No  prox}'  shall  be  valid  unless/ executed  Proxies. 
aud  dated  within  six  months  previously  to  the  meeting  at 
which  it  is  used.  No  person  shall  as  proxy  or  attorney 
cast  more  than  fifty  votes,  unless  all  the  shares  so  repre- 
sented by  him  are  owned  by  one  i)erson.  No  officer  of 
the  corporation  shall  ask  for,  receive,  procure  to  be 
obtained  or  use  any  proxy  vote ;  except  that  he  may,  as 
prox}'  or  attorney,  cast  twenty  votes  if  all  the  shares  so 
represented  by  him  are  owned  by  one  person.  No  sala- 
ried officer  of  the  corporation  shall  vote  as  proxy  or  attor- 
ney. An  officer  of  a  railroad  corporation  who  violates 
any  of  the  provisions  of  this  section,  shall,  for  each 
offence,  forfeit  and  pay  a  fine  of  not  less  than  one  hundred 
dollars    nor    more   than    five    hundred    dollars ;    and   the 

46 


362 


1874.— Chapter  372. 


Directors,  treas- 
urer and  clerk. 


Shares  to  be 
deemed  person- 
al estate. 


Transfers. 


Assessments 
upon  shares. 


supreme  judicial  court,  upou  petition  of  any  stockholder, 
after  due  notice  and  satisfactory  proof  of  such  offence, 
shall  cause  such  officer  to  be  forthwith  removed  from  his 
office ;  and  such  removal  shall  forever  after  disqualify  him 
from  holding  office  in  such  corporation. 

Sectiox  43.  The  immediate  government  and  direction 
of  the  affairs  of  every  railroad  corporation  shall  be  vested 
in  a  board  of  directors  who  shall  hold  their  offices  for  one 
year  or  until  others  are  elected  in  their  places.  The 
directors  shall  elect  one  of  their  number  to  be  president  of 
the  board  and  of  the  corporation,  and  they  may  elect 
another  of  their  number  to  be  vice-president.  They  may 
choose  a  clerk,  who  shall  be  sworn,  and  a  treasurer,  who 
shall  give  bonds  to  the  corporation  in  the  sum  required  by 
the  by-laws  for  the  faithful  discharge  of  his  trust. 

2.     Capital  Stock,  Assessments,  Sc. 

Section  44.  The  shares  in  the  capital  stock  of  railroad 
corporations  shall  be  deemed  personal  estate,  and  may  be 
transferred  by  a  conveyance  in  writiug,  recorded  either  by 
the  treasurer,  in  books  to  be  kept  in  his  office,  or  hy  an 
officer  duly  authorized  by  the  directors,  in  books  to  be 
kept  at  such  other  place  as  they  may  appoint.  When 
recorded  in  such  other  place,  they  shall  within  ten  days 
thereafter  be  also  recorded  in  the  books  kept  by  the  treas- 
urer ;  and  no  conveyance  of  shares  unless  so  recorded 
shall  be  valid  against  any  other  persons  than  the  grantors 
or  their  representatives.  On  making  the  transfer,  a  new 
certificate  shall  be  issued. 

Section  45.  The  directors  may  from  time  to  time 
make  suoh  equal  assessments,  on  all  the  shares  in  the  cor- 
poration (not  exceeding  in  the  whole  one  hundred  dollars 
on  a  share),  as  they  deem  expedient  and  necessary  for  its 
purposes,  and  may  direct  the  same  to  be  paid  to  the  treas- 
urer, who  shall  give  notice  thereof  to  the  subscribers  or 
stockholders.  When  a  subscriber  has  paid  nothing  upon 
his  shares  after  thirty  days  from  the  time  when  an  assess- 
ment has  become  due,  his  shares  may  be  declared  forfeited 
by  the  directors,  who  may  transfer  them  £o  any  responsible 
person  who  subscribes  for  the  same  and  pays  the  assess- 
ment then  due.  Or  if  a  stockholder  neglects  to  pay  an 
assessment  for  thirty  days  after  notice  from  the  treasurer, 
the  directors  may  order  the  treasurer,  after  giving  notice 
of  the  sale,  to  sell  such  shares  by  public  auction  to  the 


1874.— Chapter  372.  363 

highest  bidder,  and  the  same  shall  accordingly  be  trans- 
ferred to  the  purchaser.     If  the  shares  of  a  stockholder  do  if  shares  ao  not 
not  sell  for  a  sufficient  sum  to  pa}^  his  assessments,  with  topaj-'awess^^ 
interest  and  charges  of  sale,  he  shall  be  liable  to  the  cor-  j^o^i^g®; ^a°|j^ie' 
poration  for  any  deficiency;  if  such  shares  sell  for  more,  for  balance. 
he  shall  be  entitled  to  the  surplus  remaining. 

Sectiox  46.  When  a  railroad  corporation  has  author-  saie  of  shares 
ity  to  increase  its  capital  stock  or  to  issue  additional  shares  ItockS^m-'' 
of  stock  for  any  purpose,  it  shall,  if  the  cash  market  value  "*''*®®'^- 
of  its  shares  exceeds  the  par  value  thereof,  sell  and  dis- 
pose of  all  shares  of  such  new  or  additional  stock  for  the 
benefit  of  the  corporation  in  the  manner  provided  in  this 
section ;  and  only  such  number  of  shares  shall  be  issued 
as,  so  sold  and  disposed  of,  will  produce  the  amount  nec- 
essary for  the  purposes  for  which  such  increase  or  issue  is 
duly  authorized  by  law.  All  shares  so  issued  shall  be 
oflered  for  sale  to  the  highest  bidder  at  public  auction  in 
the  city  of  Boston,  and  notice  of  the  time  and  place  of  such 
sale  shall  be  published  at  least  five  times  during  the  ten 
days  immediately  preceding  the  sale,  in  the  newspaper  in 
W'hich  the  general  laws  are  published,  and  in  two  other 
daily  newspapers  in  said  city,  or  if  the  road  of  the  cor- 
poration does  not  terminate  in  said  city,  such  notice  shall 
be  published  in  the  first-mentioned  newspaper  as  aforesaid, 
and  at  least  once  a  week  for  three  successive  weeks  pre- 
ceding the  sale  in  one  or  more  newspapers  published  in 
each  county  through  or  into  which  its  road  extends.  Not 
exceeding  two  thousand  shares  of  the  stock  of  any  such 
corporation  shall  be  offered  for  sale  on  one  and  the  same 
day ;  and  no  share  shall  be  sold  or  issued  for  a  less  sum 
to  be  actually  paid  in  cash  than  the  par  value  thereof. 

Section  47.     No  railroad  corporation  shall   begin  to  conditions  upon 
construct  its  road  or  any  branch  or  extension  thereof  until  ^on^of  rondmay 
an  amount  of  the  capital  stock  equal  to  at  least  fifteen  t)e  commenced. 
thousand  dollars  for  each  mile  of  road  proposed  to  be  built 
when  the  gauge  is  four  feet  eight  and  a  half  inches,  and 
five  thousand  dollars  for  each  mile  when  the  gauge  is  three 
feet,  has  been  actually  subscribed  in  good  faith  by  respon- 
sible parties,  without  any  condition  which  invalidates  the 
subscription,  and  twenty  per  centum  of  the  par  value  of 
each  and  every  share  thereof  actually  paid  into  its  treas- 
ury ;  nor  until  a  certificate  setting  forth  these  facts,  signed 
and  sworn  to  by  the  president  and  a  majority  of  the  direct- 
ors, is  filed  with   the  secretar}^    of  the   Commonwealth. 


364 


1874.— Chapter  372. 


pakuo fel^retary  Upoii  filing  such  Certificate,  there  shall  be  paid  to  the  sec- 
weaittT™"""       retar\^  the  sum  of  fifty  dollars,  which  shall  be  included  in 

his  return  of  fees  and  paid  into  the  treasury. 
increased  for  ^  Section  48.  A  railroad  corporation,  for  the  purpose 
building  branch,  ^^  buildiug  a  branch  or  extension  or  of  aiding  in  the  con- 
struction of  another  railroad,  may  increase  its  capital 
stock,  and,  in  so  doing  shall  conform  to  the  provisions  of 
section  forty-six  of  this  act. 

3.    Issuing  Bonds. 
Bonds  may  be         SECTION  49.     Any  railroad   corporation  by  vote  at  a 

issued  tor  fund-  ^.  ^^      -\     r         ±i  •  it, 

ing  floating  debt,  mectuig  Called  tor  the  purpose,  may  issue  bonds,  to  pro- 
vide means  for  funding  its  floating  debt  or  for  the  payment 
of  money  borrowed  for  any  lawful  purpose.  Such  bonds 
may  be  either  "coupon  bonds"  or  "registered  bonds,"  as 
may  be  determined  by  said  vote,  in  sums  of  not  less  than 
one  hundred  dollars  each,  payable  at  periods  not  exceed- 
ing twenty  years  from  the  date  thereof  and  bearing  inter- 
est not  exceeding  the  rate  of  seven  per  centum  a  year, 
payable  annually  or  semi-annually,  to  an  amount  which, 
including  that  of  bonds  previously  issued,  shall  not  exceed 
for  the  aggregate  of  all  bonds,  whether  registered  or  cou- 
pon, the  capital  stock  of  the  corporation  actually  paid  in  at 
the  time  the  bonds  are  issued.  They  shall  be  recorded  by 
the  treasurer  in  books  to  be  kept  in  his  office.  No  bond 
shall  be  issued  unless  approved  by  some  person  appointed 
by  the  corporation  for  that  purpose,  who  shall  certify  that 
it  is  i)roperly  issued  and  recorded  as  aforesaid. 

Section  50.  At  the  request  of  the  owner  or  holder  of 
any  coupon  bonds  lawfully  issued,  other  than  bonds  the 
payment  of  which  has  been  or  shall  lie  guaranteed  by  the 
Commonwealth,  the  railroad  corporation  which  issued  such 
coupon  bonds  ma}^  issue  registered  bonds  in  exchange  for 
and  lieu  of  them,  upon  such  terms  and  under  such  regula- 
tions as  may  be  prescribed  by  the  directors  of  the  corpo- 
ration, with  the  consent  and  approval  of  the  trustees  to 
whom  any  mortgage  or  pledge  shall  have  been  executed  ; 
and  such  registered  bonds  shall,  with  the  exception  of  the 
coupons,  correspond  in  all  respects  with  the  coupon  bonds 
for  which  the  same  are  exchanged,  and  shall  be  in  con- 
formity with  all  laws  authorizing  the  issue  of  the  coupon 
bonds.  Such  exchange  shall  not  afiect  any  mortgage  or 
pledge  given  as  security  for  the  payment  of  such  coupon 
bonds,  and  such  mortgage  or  pledge  shall  remain  in  full 


Registered 
bonds  may  be 
issued. 


1874.— Chapter  372.  365 

force  as  security  for  such  registered  bonds  :  provided,  that 
the  coupon  bonds  shall  be  cancelled  and  destroyed  at  the 
same  time  that  the  registered  bonds  are  issued  in  lieu 
thereof.  • 

Section  51.     No  railroad  corporation  which  has  previ- Mortgage  not  to 
ously  issued  bonds  shall  subsequently  make  or  execute  any  without  secur- 
mortgage  upon  its  road,  equipment  and  franchise,  or  any  '^OTu°y issued. 
of  its  property,  real  or  personal,  without  including  in  and 
securing  by  such  mortgage  all  bonds  previously  issued  and 
all  preexisting  debts  and  liabilities  of  the  corporation. 

Section  52.     All  bonds  or  notes  issued  bv  a  railroad  Bonds  Md notes 

1   •      T  1  11  1  1        "•       ,  collectible,  al- 

coiiDoration  shall  be  bniding  and  collectable  m  law,  not- though  issued  at 
withstanding  such  bonds  or  notes  were  negotiated  and  sold  "^^^    ''"  ^''^' 
by  the  corporation  or  its  agents  at  less  than  par. 

4.     Taking  Stock  or  Bonds  of  other  Companies. 

Section  53.  Except  by  special  authority  of  the  legisla-  Taking  stock  or 
ture  or  as  authorized  in  the  four  following  sections,  no  comp'au'ies!^''^ 
railroad  corporation  shall  directly  or  indirectly  subscribe 
for,  take  or  hold  any  shares  in  the  stock,  or  any  bonds,  of 
any  other  corporation  or  company,  or  guarantee  the  bonds 
or  dividends  of  any  other  corporation  or  company ;  and 
the  amount  of  the  bonds  of  oue  or  more  other  corpora- 
tions or  companies  subscribed  for  and  held  by  any  railroad 
corporation,  or  guaranteed  by  it,  conformabl}-  to  any 
special  authority  of  the  legislature  or  the  authority  given 
in  said  sections,  shall  not,  together  with  the  amount  of  its 
own  bonds,  issued  in  conformity  with  sections  forty-nine 
and  fifty,  exceed  at  any  time  the  amount  of  its  capital 
stock  actually  paid  in  cash. 

(a.)     Of  Telegraph  Companies. 

Section  54.     A  railroad  corporation  may  hold  stock  in  a  Taking  stock  in 
telegraph  company  whose  line  of  telegraph  connects  two  ^'^^^,f^'^^'^°'°''^- 
or  more  places  on  the  line  of  the  railroad,  to  an  amount 
not  exceeding  two  hundred  dollars  for  each  mile  of  rail- 
road so  connected. 

{h.)     Of  Steamsh  ip  Companies. 

Section  55.     A  railroad  corporation  may  guarantee  to  Guarantee  of 
an  amount  not  exceeding  five  per  centum  of  its  capital  stock  ship*^compaui"s. 
the  bonds  of  au}^  corporation  incorporated  by  the  legisla- 
ture of  this  Commonwealth,  for  the  purpose  of  carrying 


366 


1874.— Chapter  372. 


freight,  passengers  and  mails  between  any  port  of  this 
Commonwealth  and  Europe;  or  a  railroad  corporation, 
upon  adequate  security  therefor,  may  issue  its  own  bonds 
to  the  same  amount,  conformably  to  the  provisions  of  sec- 
tion forty-nine. 

(c.)     Of  other  Railroad  Corporations. 

Section  56.  Where  two  corporations  own  and  operate 
railroads  wholly  constructed  and  which  connect  with  each 
other,  either  corporation  may  guarantee  the  bonds  of  the 
other  upon  such  terms  and  to  such  an  extent  as  may  be 
authorized  at  a  meeting  called  for  the  purpose  :  provided, 
the  bonds  so  guaranteed  do  not  exceed  the  amount  of  the 
capital  stock  of  such  other  corporation  actually  paid  in 
cash  by  its  stockholders,  and  are  in  all  other  respects 
issued  in  conformity  with  the  provisions  of  law. 

Section  57.  A  railroad  corporation  may  aid  in  the  con- 
tion  of  branches,  structiou  of  any  branch  or  connecting  railroad  within  the 
limits  of  this  Commonwealth,  whether  connecting  by  rail- 
road or  steamboat  lines,  by  subscribing  for  shares  of 
stock  in  such  corporation,  or  by  taking  its  notes  or  bonds, 
to  be  secured  by  mortgage  or  otherwise,  as  the  parties 
may  agree,  and  shall  be  entitled  to  vote  on  all  shares  of 
stock  so  subscribed  for  and  held  :  provided,  that  no  rail- 
road corporation  shall  so  subscribe  any  amount  in  excess 
of  two  per  centum  of  its  paid  up  capital  stock,  except  by 
a  vote  of  a  majority  in  interest  of  the  stockholders  at  a 
meeting  duly  called  for  that  purpose,  and  that  no  railroad 
corporation  shall  mortgage  its  property  to  secure  the  loans 
or  subscriptions  made  by  any  other  corporation  under  this 
section,  except  by  a  vote  of  a  majority  in  interest  of  the 
stockholders  at  a  meeting  dul}^  called  for  that  purpose. 


When  roads 
connect,  &c., 
either  may 
guarantee  the 
bonds  of  the 
other. 


Proviso. 


Kaih'oads  may 
aid  in  construe- 


Proviso. 


Location  and 
construction. 


III.     The  Kailroad. 

1.     Location  and  Construction  of  the  Railroad. 

(a.)    Laying  out  the  Bailroad. 

Section  58.  A  railroad  corporation  may  lay  out  its  road 
not  exceeding  five  rods  wide  ;  and  for  the  purpose  of  cut- 
tings, embankments,  and  procuring  stone  and  gravel,  may 
purchase  or  otherwise  take,  in  the  manner  hereinafter 
provided,  as  much  more  land  as  may  be  necessary  for  the 
proper  construction  and  security  of  the  road,  or  as  may 
be  at  any  time  necessary  for  depot  and  station  purposes  ; 


1874.— Chapter  372.  367 

and  the  corporation  shall  within  one  year  file  with  the 
commissioners  of  each  county  through  which  the  road 
passes,  the  location  of  the  road  as  thus  laid  out,  defining 
the  courses,  distances  and  boundaries  of  such  portion  of 
the  road  as  lies  within  each  county. 

Section  59.     A  railroad  corporation,  having  taken  land  J^admaybl 
for  its  road,  may  vary  the  direction  of  the  road  in  the  varied. 
place  where  such  land  is  situated ;  but  it  shall  not  locate 
any  part   thereof  without   the   limits   of  the  route  fixed 
agreeably  to  sections  twenty-five  and  twenty-six  of  this 
act,  unless  with  the  consent  in  writing  of  the  mayor  and 
aldermen    or   selectmen,    if   it    was    fixed    under   section 
twenty-five,   or  of  the  railroad  commissioners  if  it  was 
fixed  under  section  twenty-six.     The   corporation   shall.  Location  to  be 
before  the  expiration  of  the  time  required  for  completing  nations  are 
the  road,  file  with  the  county  commissioners  the  location 
of  the  dijfferent  parts  where  such  variations  are  made ; 
and  the  time  for  completing  the  road  shall  not  be  extended 
in  consequence  of  such  variations. 

Section  60.     If  a  railroad  corporation,  for  the  purpose  wheniandis 
of  making  or  securing  its   road,  or  for  depot  or  station  ouuimits^of  " 
purposes,  requires  land  or  materials  without  the  limits  of  comny  commis- 
the  route  fixed  as  aforesaid,  and  is  unable  to  obtain  the  sJo'^iers  to  de- 
same  by  agreement  with  the  owner,  it  may  apply  to  the 
county  commissioners,  who,   after  notice  to  the  owner, 
may  prescribe  the  limits  within  which  the  same  may  be 
taken  in  the  manner  hereinafter  provided,  without  his  per- 
mission ;  and  the  corporation  shall  file  a  location  thereof 
within  one  year  with  the  commissioners  of  each  county  in 
which  the  same  is  situated,  defining  the  courses,  distances 
and  boundaries  of  the  same. 

Section  61.     In  all  cases  where  the  commissioners  have  where  limits 
already  prescribed  limits  within  which  land  may  be  taken  sc^r^becrioSn 
for  the  purposes  specified   in  the  preceding  section,  and  jau^f/isTaf"'^® 
the  same  has  not  been  actually  taken,  such  location  shall 
be  filed  on  or  before  the  first  day  of  January  in  the  year 
one  thousand  eight  hundred  and  seventy-five,  and  if  not 
so  filed  the  right  to  take  such  land  shall  then  be  deter- 
mined. ' 
Section  62.     Land  without  the  limits  of  the  route  fixed  J^^"'^ «°  ^^^^"^ 

/.  .  1  .    ,  1  T     /.  T  .for  depot  not  ex- 

as  atoresaid  so  taken  or  purchased  lor  depot   or  station  cmpt  from  tax- 
purposes  shall  not  be  exempt  from  taxation. 


368 


1874.-~Chaptee  372. 


Taking  land, 
and  damages 
therefor. 


Applications  for 
estimate  of  dam- 
ages to  be  made 
within  three 
years. 


Security  may  be 
required  for 
payment  of  dam- 
ages and  costs. 


Tender  may  be 
made  to  owner 
of  land,  &e. 


Either  party 
may^pply  for 
a  jury  to  assess 
damages. 


(b.)     Taking  Land,  and  Damages  therefor. 
Estimate  by  the  County  Commissioners. 

Section  63.  When  a  railroad  corporation  is  not  able 
to  obtain  by  agreement  with  the  owner,  the  land  or  mate- 
rials necessary  for  its  pnrposes,  as  described  in  the  live 
preceding  sections,  it  may  take  the  same.  The  corpora- 
tion shall  pay  all  damages  occasioned  by  laying  out  and 
making  and  maintaining  its  road,  or  by  taking  any  land  or 
materials  therefor ;  and  such  damages  shall,  upon  the  ap- 
plication of  either  part}'-,  be  estimated  by  the  county  com- 
missioners in  the  manner  provided  in  laying  out  highways  ; 
and  when  it  is  intended  to  take  land  or  materials,  applica- 
tion may  be  made  before  the  actual  taking  and  appropria- 
tion thereof. 

Section  64.  Except  as  is  provided  in  sections  seventy- 
eight,  seventy-nine  and  eighty,  no  application  to  the  com- 
missioners to  estimate  damages  for  land  or  other  property 
taken,  shall  be  sustained  unless  made  within  three  years 
from  the  time  of  taking  the  same. 

Section  65.  Upon  application  to  the  commissioners 
by  either  party  for  an  estimate  of  damages,  they  shall,  if 
requested  by  the  owner,  require  the  corporation  to  give 
security  to  their  satisfaction  for  the  payment  of  all  dam- 
ages and  costs  which  may  be  awarded  by  them  or  a  jury 
for  the  land  or  other  property  taken  ;  and  if  upon  petition 
of  the  owner,  with  notice  to  the  adverse  party,  the  secu- 
rity appears  to  the  commissioners  to  have  become  insuffi- 
cient, they  shall  require  the  corporation  to  give  further 
security  to  their  satisfaction  ;  and  all  the  right  or  authority 
of  the  corporation  to  enter  upon  or  use  the  land  or  other 
property,  except  for  making  surveys,  shall  be  suspended 
until  it  gives  the  security  required. 

Section  66.  After  the  commissioners  have  made  their 
estimate,  the  corporation  may  tender  to  the  owner  of  the 
land  or  other  property  the  amount  of  damages  estimated, 
in  full  satisfaction  thereof  with  costs  taxed  to  that  period. 

Section  67.  Either  party,  if  dissatisfied  with  the 
estimate  of  the  commissioners,  may  at  any  time  within 
one  jear  after  it  is  completed  and  returned,  apply  for  a 
jury  to  assess  the  damages.  If  no  such  application  be 
made,  the  county  commissioners,  after  the  expiration  of 
said  term  of  one  year,  may  issue  warrants  of  distress  to 
compel  the  pajment  of  the  damages,  with  costs  and  inter- 


1874.— Chapter  372.  369 

est ;  and  if  the  corj^oration,  for  thirty  clays  after  such  war- 
rant has  issued,  neglects  to  satisfy  the  same,  all  right  and 
authority  to  enter  upon  or  use  the  hand  or  property,  ex- 
cept for  making  surveys,  shall  be  suspended  until  payment 
thereof. 

Assessment  by  a  Jury. 
Section  &^.     When  either  party  applies  for  a  jury  to  Proceedings  to 
assess  the  damages,  the  proceedings  thereupon  shall  be  the  for  damages  tn 
same  as  is  provided  for  the  recovery  of  damages  in  the  ^^^a 


out  high- 


ways. 


laying  out  of  highways,  but  no  jury  shall  be  competent  to 
alter  or  reverse  any  order  made  under  section  eighty-one. 
Upon  such  application  the  prevailing  party  shall  recover 
legal  costs ;  and  if  the  owner  has  refused  the  tender  men- 
tioned in  section  sixty-six,  with  costs  taxed  to  that  period, 
he  shall,  unless  he  recovers  on  the  final  hearing  a  greater 
amount  of  damages  than  the  sum  tendered,  pay  all  costs 
caused  by  the  application  and  arising  after  tender.  If  the 
corporation  applied  •  for  the  jury,  and  upon  the  final  hear- 
ing the  damages  as  estimated  by  the  county  commissioners 
are  not  reduced,  it  shall  pay  all  costs  caused  by  the  appli- 
cation. 

Section  69.  If  the  corporation  shall  not  pay  the  Damages  to  be 
amount  of  damages  awarded  by  the  jury  within  thirty  days  thirt/day". 
after  such  award  a  warrant  of  distress  or  execution  may 
issue  to  compel  the  payment  thereof,  with  costs  and  inter- 
est, and  all  right  and  authority  to  enter  upon  and  use  the 
land  or  property,  except  for  making  surveys,  shall  be  sus- 
pended until  such  warrant  or  execution  is  satisfied. 

Plan  of  Lands  taken. 

Section  70.     After   a  railroad  corporation  has  taken  pianofiand 
land  or  other  property  for  the  purposes  of  its  road,  in  the  u1^hed*to^ow^ner. 
manner  herein  before  authorized,  it  shall,  before  proceed- 
ing to  construct  the  road,  furnish  a  plan  of  the  land  to  the 
owner,  and,  if  requested  by  the  owner  or  occupant,  fence  Fencing. 
the  same  ;  and  upon  demand  made  by  the  owner  of  such 
other  property  within  three  years  from  the  taking  of  the 
same,  such  corporation   shall  within  thirty  daj'-s  furnish 
him  with  a  plan  or  description  thereof  in  writing.     If  such 
plan  or  description  is  not  so  furnished,  all  the  rights  of 
the  corporation  to  enter  upon  or  use  such  land  or  other 
property,  except  for  making  surveys,  shall  be  suspended 
until  it  has  so  delivered  a  description  or  plan. 

47 


370 


1874.— Chapter  372. 


Location  may 
he  changed  by 
county  commis- 
sioners when  it 
causes  unneces- 
sary damage. 


Compensation 
of  commission- 
ers. 


8.  J.  0.  may  re- 
strain road  from 
entering  upon 
land  if  it  fails  to 
comply  with  re- 
quirements. 


Jurisdiction  of 
commissioners 
where  land  lies 
in  different  con- 
tiguous coun- 
ties. 


Section  71.  Whenever  any  owner  of  land  is  aggrieved 
by  the  location  of  a  railroad,  by  reason  of  its  crossing  his 
land  in  such  manner  as  to  be  of  grievous  damage,  when 
such  damage  could  be  avoided  without  serious  injury  to 
others,  he  shall  have  the  right,  within  thirty  days  after 
having  been  furnished  with  the  plan  of  his  land  required 
by  the  preceding  section,  to  petition  the  commissioners  of 
the  county  where  the  land  lies,  who  shall  give  due  notice 
and  hear  the  parties.  And  if  it  shall  appear  that  such 
location  will  greatly  and  unnecessarily  damage  the  com- 
plainant, and  that  the  same  can  be  changed  so  as  to  avoid 
such  damage,  in  whole  or  in  part,  without  material  detri- 
ment to  the  line  of  the  railroad,  and  without  great  injury 
to  other  parties,  the  commissioners  shall  change  such  loca- 
tion accordingly.  Said  commissioners  shall  hear  the  par- 
ties, either  at  their  regular  meeting  or  at  a  meeting  called 
by  their  chairman  for  the  purpose,  and  shall  make  and 
give  to  each  party  a  certificate  of  their  determination  in 
the  premises  within  sixty  days  after  receiving  the  petition. 
The  compensation  of  said  commissioners,  which  shall  not 
exceed  five  dollars  a  day,  their  necessary  expenses  and  the 
costs  of  the  petition,  shall  be  paid  by  the  corporation, 
unless  the  commissioners  shall  decide  that  the  petition  was 
frivolous,  in  which  case  such  compensation,  expenses  and 
costs  shall  be  paid  by  the  petitioner.  And  such  compen- 
sation and  expenses  of  the  commissioners  shall  be  retained 
by  them  to  their  own  use. 

Section  72.  If  upon  the  petition  of  an  owner  of  land 
or  other  property  it  appears  to  the  supreme  judicial  court 
or  any  justice  thereof,  in  term  time  or  vacation,  that  a 
corporation  has  for  thirty  days  neglected  to  comply  with 
any  order  under  section  sixty-five,  or  to  satisfy  any  war- 
rant or  execution  mentioned  in  sections  sixty-seven  or 
sixty-nine,  or  to  furnish  the  plan,  or  fence  the  land,  as 
provided  in  section  seventy,  the  court  of  justice  may  by 
injunction  or  other  suitable  process  in  equity  prohibit  and 
restrain  the  corporation  from  entering  upon  or  using  such 
land  or  property  contrary  to  the  provisions  of  said  sections. 

Special  Cases.     When  Land  lies  in  different  Counties. 
Section  73.     Where  land  owned  by  one  person  lies 
contiguously  in  diiferent  counties,  applications  for  dam- 
ages under  section  sixty-three  may  be  made  by  the  owner 
of  the  land  to  the  commissioners  of  either  of  such  coun- 


1874.— Chapter  372.  371 

ties  ;  and  the  commissioners  of  the  county  to  whom  appli- 
cation is  first  made  shall  have  exclusive  jurisdiction,  with 
like  powers  and  duties  as  set  forth  in  said  section  and  sec- 
tion eighty-one  ;  and  either  party  may  apply  for  a  jury  as 
provided  in  section  sixty-seven,  which  jury  shall  be  from 
the  same  county  as  the  commissioners,  and  shall  estimate 
such  damages  the  same  as  though  the  land  lay  entirely  in 
one  county. 

When  Land  is  held  in  Trust,  etc.,  or  Mortgaged,  etc. 

Section  74.     When  the  lands  or  other  property  of  a  Guardian  or 
person  under  guardianship,  or  lands  held  in  trust,  are  taken  lease'damagls," 
for  the  use  of  a  railroad,  the  guardian  or  trustee  may  re-  ^'^• 
lease  all  damages  in  the  premises  in  like  manner  as  if'  the 
same  were  held  in  his  own  right. 

Section  75.     When  persons  having  a  claim  for  damages  Assessment  of 
sustained  in  their  property  by  the  laying  out  or  alteration  es^atlfforufe'^be 
of  a  railroad  have  different  or  separate  interests  in  the  prop-  r°mainderW"'^ 
erty,  so  that  an  estate  for  life  or  for  a  term  of  years  in  the  a^o'^'^i"- 
same  belongs  to  one  person  and  the  remainder  or  reversion 
in  fee  to  another,  entire  damages  shall  be  assessed  in  the 
same  manner  as  is  provided  in  other  cases,  without  any  ap- 
portionment thereof ;  which  damages  shall  be  paid  over  and 
disposed  of  in  the  manner  provided  in  sections  seventeen 
and  eighteen  of  chapter  forty-three  of  the  General  Stat- 
utes in  relation  to  damages  assessed  in  like  cases  in  laying 
out  highways. 

Section  76.  Where  the  lands  are  mortgaged,  both  Damages  where 
mortgagors  and  mortgagees,  in  addition  to  their  rights  gaged!" *"^°' ' 
under  the  mortgage,  shall  have  the  same  powers,  rights 
and  privileges,  and  be  subject  to  the  same  liabilities  and 
duties,  as  are  created  and  provided  in  this  chapter  for  land 
owners  in  cases  of  damages  arising  under  section  sixty- 
three  ;  and  all  petitions  for  the  estimation  of  such  damages 
shall  state  all  mortgages  known  by  the  party  petitioning  to 
exist  upon  the  premises  to  be  adjudicated  upon.  Mort- 
gagors and  mortgagees  may  join  in  any  such  petition,  and 
the  tribunal  to  which  it  is  presented  shall  order  the  peti- 
tioner to  give  notice  thereof  to  all  parties  interested  as 
mortgagors  or  mortgagees  by  serving  each  of  them,  four- 
teen days  at  least  before  the  time  of  hearing,  with  an 
attested  copy  thereof,  and  the  order  thereon,  that  they 
may  appear  at  said  hearing  and  become  parties  to  the 
proceedings. 


372 


1874.— Chapter  372. 


divkiefbetwMn      Section  77.     When   mortgagors  or  mortgagees    com- 
mortgagor  and    meiice  or  bccome  parties  to  proceedings  upon  a  petition 

mortgagees.  •  ir^  i.  ,ii  ^  •      -i 

for  such  damages,  entire  damages  shall,  upon  final  judg- 
ment, be  assessed  for  the  property  taken,  and  such  portion 
thereof  ordered  to  be  paid  to  every  mortgagee,  being  a 
party,  in  the  order  of  his  mortgage,  as  is  equal  to  the  sum 
then  unpaid  thereon,  and  the  balance  to  the  mortgagor ; 
and  separate  judgment  shall  be  entered  accordingly  for 
each  mortgagee,  who  shall  hold  his  judgment  in  trust,  first 
with  any  proceeds  realized  thereon  to  satisfy  his  mortgage 
debt,  and  after  such  debt  is  in  any  way  satisfied,  to  assign 
the  judgment  or  pay  over  any  balance  of  proceeds  to  the 
mortgagor  or  other  person  entitled  thereto. 


When  time  for 
location,  &c.,  Is 
extended  by 
statute,  claims 
shall  be  revived. 


When  suit  is 
brought  appli- 
cation for  dam- 
ages may  be 
made  within  one 
year  after  final 
determination  of 
suit. 


Proviso. 


If  proceedings 
are  quashed, 
&€.,  may  be 
commenced 
anew. 


When  the  Time  is  Extended. 

Section  78.  When  the  time  for  locating  or  construct- 
ing any  railroad  is  extended  by  statute,  all  unsettled  claims 
for  land-damages  against  such  corporation  shall  be  revived, 
and  the  claimants  for  such  damages  may  make  their  appli- 
cation to  the  county  commissioners,  or  for  a  jury,  if  the 
estimate  of  the  commissioners  has  been  completed  and 
returned,  at  any  time  within  one  year  from  the  passage  of 
such  act.  This  section  shall  not  include  cases  in  which, 
through  defect  in  the  original  location  of  a  road  already 
constructed,  a  new  location  is  rendered  necessary. 

Section  79.  When  a  suit  is  brought  in  which  the  right 
of  the  corporation  to  lay  out  and  construct  its  road  on  any 
particular  location  is  drawn  in  question,  the  time  for  ap- 
plications to  the  county  commissioners  for  the  ascertaining 
of  damages  caused  by  the  taking  of  land  or  property  in 
and  upon  such  location  may  be  made  at  any  time  within 
one  year  after  the  final  determination  of  such  suit  upon 
the  merits  :  provided.,  that  such  suit  is  brought  within  one 
year  from  the  time  of  such  taking,  or  is  brought  for  the 
purpose  of  trying  the  same  right  which  was  drawn  in 
question  in  some  former  suit  brought  within  one  year  from 
the  time  of  taking,  which  failed  for  want  of  jurisdiction, 
defect  of  form  or  other  like  cause  not  deciding  the  merits 
of  the  controversy,  and  is  brought  within  six  months  after 
such  determination  of  such  former  suit. 

Section  80.  If  a  party  makes  application  for  an 
estimate  of  his  damages  within  the  time  limited  by  law,  or 
for  a  jury  to  assess  the  same,  or  is  a  party  to  such  aj^pli- 
cation  for  a  jury  by  any  other  person,  and  the  petition  or 


1874.— Chapter  372.  373 

other  proceeding  is  quashed,  abated  or  otherwise  avoided 
or  defeated,  for  any  inaccuracy,  irregularity  or  matter  of 
form  ;  or  if,  after  verdict  for  such  applicant  or  other  party, 
the  judgment  is  arrested  or  reversed  on  a  writ  of  error,  or 
the  proceedings  quashed  on  certiorari,  such  applicant, 
petitioner  or  other  party  may  commence  such  proceedings 
anew  at  any  time  within  one  year  from  such  abatement, 
reversal  or  other  determination. 

(c.)     Order  to  Construct  and  Maintain  Embankments,  Feiices,  etc. 

Section  81.     At  the  time  of  estimating  damages  to  Construction 
land  owners  under  section  sixty -three,  the  county  commis-  nance'o"em- 
sioners  shall  in  addition  thereto  order  the  corporation  to  mTy  ™e^ordered! 
construct  and  maintain  such  embankments,  culverts^  walls, 
fences  or  other  structures  as  they  judge  reasonable  for  the 
security  and  benefit  of  such  owners,  and  prescribe  the  time 
and  manner  of  making  or  repairing  the  same,  which  order 
it  shall  not  be  competent  for  any  jury  to  reverse. 

Section  82.     If  the  corporation  neglects  to  comply  with  s.  j.  c.  may 

,  1  ill!  !•  •  .J.  ii'-j.      enforce  perforra- 

such  order,  the  land  owner,  or  his  assigns  interested  in  its  ance  if  corpora- 
execution,  may  apply  to  the  supreme  judicial  court,  which  compiy!^^'^"^ 
may  grant  all  processes  necessary  to  enforce  the  specific 
performance  thereof.  Or  if  it  appears  that  the  corpora- 
tion, for  more  than  forty-eight  hours  after  notice  of  such 
neglect,  given  in  writing  to  the  president  or  superintend- 
ent, neglected  to  commence  the  work  required  to  be  done, 
or  thereafter  unreasonably  delayed  to  complete  the  same, 
the  person  so  interested  may  maintain  an  action  of  tort 
against  the  corporation,  in  which  he  may  recover  doul:)le 
the  damages  sustained  by  him  by  reason  of  the  neglect. 

Section  83.     When  the  owner  of  land  through  which  Fences  for 
a  railroad,  constructed  prior  to  the   seventeenth  day  of  owner Ld  trav 
April  in  the  year  eighteen  hundred  and  forty-one,  passes,  '^^^"*' 
has  not  received  all  damages  assessed  to  him,  or  has  not 
agreed  to  maintain  suitable  fences  upon  such  road,  upon 
the  application  of  the  owner  or  of  the  mayor  and  aldermen 
or  selectmen  of  the  city  or  town,  the  county  commission- 
ers  may  require  the   corporation  to  make  and  maintain 
fences  suitable  for  the  benefit  and  security  of  the  land 
owner  and  of  travellers  upon  the  road. 

Section  84.     Every  railroad  corporation  shall  erect  and  ven^en^t^'^M.""' 
maintain  suitable  fences,  with  convenient  bars,  o:ates  or  ings  to  be  buiit 

,.  ,,  111        upon  both  sides 

openings  therein,  at  such   places  as  may  reasonalny  be  ofroad. 
required,  upon  both  sides  of  the  entire  length  of  any  rail- 


374  1874.— Chapter  372. 

road  which  it  shall  have  constructed  subsequently  to  the 
sixteenth  day  of  May  in  the  year  eighteen  hundred  and 
forty-six,  except  at  the  crossings  of  a  turnpike,  highway  or 
other  way,  or  in  places  where  a  convenient  use  of  the  road 
would  be  thereby  obstructed ;  and  shall  also  construct  and 
maintain  sufficient  barriers  at  such  places  as  may  be  neces- 
sary, where  it  is  practicable  to  do  so,  to  prevent  the 
entrance  of  cattle  upon  the  road.  A  corporation  unreason- 
ably neglecting  to  comply  with  the  provisions  of  this  sec- 
tion shall,  for  every  such  neglect,  forfeit  a  sum  not  exceed- 
ing two  hundred  dollars  for  every  month  during  which  the 
neglect  continues  ;  and  the  supreme  judicial  court,  or  any 
justice  thereof,  either  in  term  time  or  vacation,  may,  by 
injunction  or  other  suitable  process  in  equity,  compel  the 
corporation  to  comply  with  such  provisions ;  and  upon 
such  neglect,  may  restrain  and  prohibit  the  corporation 
from  crossing  any  turnpike,  highway  or  town  way,  or 
using  any  land,  until  said  provisions  are  complied  with. 

2,     Crossings   of  one    Railroad    with  another,   or   over 
navigable  waters. 

roar^thano"^  StiCTiON  85.  No  railroad  shall  be  constructed  to  cross 
tiier,  OT  over  auothcr  railroad  at  the  same  level  therewith  without  the 
Wate'rs.  couscnt  iu  Writing  of  the  board  of  railroad  commissioners, 

or  across  navigable  or  tide-waters  without  the  consent  iu 
writing  of  the  harbor  commissioners,  and  in  such  manner 
as  they  shall  prescribe.  It  shall  be  unlawful  for  any 
persons  who  associate  for  the  purpose  of  constructing  a 
railroad  conformably  to  section  nineteen,  or  for  any  corpo- 
ration proceeding  to  construct  a  branch  or  extension,  or 
otherwise  to  take  any  proceedings  contemplating  a  new 
crossing  of  one  railroad  with  another  at  the  same  level  there- 
with, unless  such  crossing  shall  first  have  been  approved 
in  writing  by  the  board  of  railroad  commissioners ;  and 
the  preliminary  approval  of  any  plan  for  such  crossing 
shall  always  be  made  subject  to  revision  by  the  board. 
And  the  supreme  judicial  court  shall  have  full  equity  juris- 
diction, on  information  filed  by  the  attorney-general,  iu 
case  of  any  violation  of  the  provisions  of  this  section. 


1874.— Chapter  372.  375 

3.     Crossing   of  Railroads    with    Highways   and   other 

Ways. 

1.     Crossing  over  or  under. 

Section  86.     "When  a  railroad  is  laid  out  across  a  high-  Railroad  cross- 
way  or  other  way,  it  shall  be  constructed  so  as  not  to  ob-  ITo^  to^'obstTuct 
struct  the  same  ;  and  (unless  the  county  commissioners  shall  ^^^  ^'^'^^• 
authorize  a  crossing  at  the  same  level  as  provided  in  sec- 
tion ninety),  it  shall  be  constructed  so  as  to  pass  either 
over  or  under  the  way,  as  prescribed  in  the  next  section, 
and  conformably  to  any  decree  which  may  be  made  by  the 
county  commissioners  under  section  eighty-eight. 

Section  87.     If    the  railroad  is  constructed    to  pass  if  crossing  over- 
over  the  way,  a  sufficient  space  shall  be  left  under  the  rail-  way"8uffident 
road  conveniently  to  accommodate  the  travel  on  the  way.  |^r^°a*ccommo1il 
If  the  railroad  is  constructed  to  pass  under  the  way,  the  tion  of  travel. 
railroad   corporation  shall  build  such  bridges,  with  their 
abutments  and  suitable  approaches  thereto,  as  will  accom- 
modate the  travel  upon  the  way  :  provided,  that  no  bridge  Bridge  to  be  not 

/.  ^     ^^    ^  rj.         -i  i.j.1  less  than  eight- 

lor  any  purpose  shall  hereatter  be  constructed  over  any  een  feet  above 
railroad  at  a  height  less  than  eighteen  feet  above  the  track  ^'^^^^' 
of  such  railroad,  except  by  the  consent  in  writing  of  the 
board  of  railroad  commissioners. 

Section  88.     A  railroad  corporation  may  raise  or  lower  Highway  may 
any  highway  or  other  way  for  the  purpose  of  having  its  low^ered'^under 
road  pass  over  or  under  the  same  ;  but  before  proceeding  county°commi8- 
to  cross,  alter  or  excavate  for  the  purpose  of  crossing  the  sioners. 
way,  it  shall  obtain  from  the  county  commissioners  a  decree 
prescribing  what  alterations  may  be  made  in  the  way,  and 
the  manner  and  time  of  making  the  alterations  or  structures 
the  commissioners  may  require  at  the  crossing  ;  and  before 
entering  upon,  excavatiug  or  altering  the  way,  shall  give 
security,  satisfactory  to  the  commissioners,  to  the  city  or 
town  in  which  the  crossing  is  situated,  that  it  will  fiiith- 
fuUy  comply  with  the  requirements  of  the  decree  to  the 
acceptance  of  the  commissioners,  and  indemnify  the  city 
or  town  from  all  damages  and  charges  by  reason  of  any 
failure  so  to  do. 

2.    Alteration  to  facilitate  or  avoid  crossing. 
Section  89.     A   railroad    corporation    may   alter  the  Course  of  high- 
course  of  a  highway  or  other  way  for  the  purpose  of  facili-  S^?^ 
tating  the  crossing  of  the  same  by  its  road  or  permitting 
its  road  to  pass  at  the  side  thereof  without  crossing,  upon 


376 


1874.— Chapter  372. 


Crossing  at  a 
level. 


Rails  to  be  pro- 
tected to  secure 
safe  passage 
across  railroad. 


Highways,  &c., 
may  be  laid  out 
across  railroad. 


obtaining  a  decree  of  the  county  commissioners  prescribing 
the  manner  and  time  of  such  alteration.  Before  ffrantino; 
the  decree  the  commissioners,  after  due  notice  to  the  city 
or  town  in  which  the  way  is  situated,  shall  decide  that  the 
alteration  will  not  essentially  injure  the  way.  The  corpo- 
ration shall  pay  all  damages  occasioned  to  private  property 
by  the  alteration,  as  in  case  of  land  taken  for  its  road. 

3.     Crossing  at  a  level. 

Section  90.  When  a  railroad  is  laid  out  across  a  high- 
way or  other  way,  the  county  commissioners,  upon  the 
application  of  the  railroad  corporation,  or  of  the  mayor 
and  aldermen  or  selectmen  of  the  city  or  town  in  which  the 
crossing  is  situated,  after  due  notice  to  all  parties  inter- 
ested, and  after  hearing  the  f)arties,  may  adjudge  that 
public  necessity  requires  the  crossing  at  the  same  level, 
and  may  make  a  decree  to  specially  authorize  and  require 
the  corporation  so  to  construct  its  road,  in  such  manner  as 
shall  be  prescribed  in  the  decree  ;  and  said  commissioners 
may  modify  the  terms  of  such  decree,  or  revoke  the  same, 
at  any  time  before  the  construction  of  the  railroad  at  such 
crossing. 

Section  91.  A  railroad  corporation  whose  road  is 
crossed  by  a  highway  or  other  way  on  a  level  therewith, 
shall  at  its  own  expense  so  guard  or  protect  its  rails  by 
plank,  timber  or  otherwise,  as  to  secure  a  safe  and  easy 
passage  across  its  road  ;  and  if  in  the  opinion  of  the  county 
commissioners  any  subsequent  alteration  of  the  highway 
or  other  way,  or  any  additional  safeguards,  are  required 
at  the  crossing,  they  may  order  the  corporation  to  estab- 
lish the  same  as  provided  in  section  eighty-eight. 

4.    Highways,  &c.,  laid  out  over  railroads  jpreviously  constructed. 

Section  92.  A  highway  or  town  way  may  be  laid  out 
across  a  railroad  previously  constructed  when  the  county 
commissioners  adjudge  that  the  public  convenience  and 
necessity  require  the  same ;  and  in  such  case,  after  due 
notice  to  the  railroad  corporation,  and  hearing  all  parties 
interested,  they  may  thus  lay  out  a  highway  across  a  rail- 
road, or  may  authorize  a  city  or  town,  on  petition  of  the 
mayor  and  aldermen  or  selectmen  thereof,  to  lay  out  a 
way  across  a  railroad,  in  such  manner  as  not  to  injure  or 
obstruct  the  railroad,  and  otherwise  in  conformity  with  the 
provisions  of  sections  eighty-six  and  eighty-seven;  but 


1874.— Chapter  372.  377 

not  permitting  it  to  cross  at  a  level  with  the  railroad  un- 
less public  necessity  so  requires,  in  which  case  they  may 
give  special  authority  for  such  crossing,  as  provided  in 
section  ninety. 

5.    Provisions  relating  to  turnpikes  and  canals. 
Section  93.     The  provisions  of  the  seven   preceding  crossing  tum. 

..  1      11  1       ,  •  c       ^^  1  1   /  •!       ^  pikes  and  canals. 

sections  shall  apply  to  crossings  oi  railroads  and  turnpikes, 
and  the  county  commissioners  shall  have  the  same  powers 
as  regards  such  crossings  as  are  provided  in  said  sections 
for  crossings  of  railroads  with  highways  or  other  ways. 
Before  proceeding  to  make  any  excavations  for  the  purpose 
of  such  crossing,  or  to  raise,  lower  or  alter  a  turnpike  for 
such  purpose,  the  railroad  corporation  shall  notify  in  writ- 
ing the  turnpike  corporation,  which  within  thirty  days 
shall  inform  the  railroad  corporation  in  writing  of  the  alter- 
ations, if  any,  which  it  may  require  to  have  made  therein 
for  such  purpose.  If  the  parties  do  not  agree,  either  may 
apply  to  the  county  commissioners,  and  their  decision 
shall  be  final.  If  the  railroad  corporation  unreasonably 
neglects  to  make  such  alteration  as  the  commissioners 
order,  the  turnpike  corporation  shall  have  the  same  reme- 
dies as  are  prescribed  for  the  recovery  of  damages  caused 
by  making  a  railroad.  A  railroad  corporation  may,  with 
the  consent  of  a  turnpike  or  canal  corporation,  alter  the 
course  of  a  turnpike,  canal  or  feeder  to  a  canal,  where  the 
same  interferes  with  the  convenient  location  of  its  road ; 
or  the  turnpike  corporation  may,  in  pursuance  of  a  vote 
therefor  at  a  meeting  called  for  the  purpose,  assign  and 
transfer  to  the  railroad  corporation  its  franchise  as  to  the 
whole  or  part  of  the  turnpike ;  and  thereafter  all  the 
rights  and  duties  of  the  turnpike  corporation  shall  cease 
and  be  discontinued  so  far  as  they  relate  to  the  part  of 
the  turnpike  so  assigned,  and  the  railroad  corporation  may 
locate  its  road  upon  any  part  of  the  same  ground  ;  but  no 
part  of  a  turnpike  shall  be  thus  assigned  or  used  without 
the  consent  in  writing  of  the  county  commissioners,  if 
such  part  is  located  in  a  single  county,  or  of  the  superior 
court  in  one  county  if  it  lies  in  two  or  more  counties. 
Damages  caused  by  taking  the  property  of  any  person 
under  this  section  shall  be  estimated  and  paid  as  in  case 
of  land  taken  under  section  sixty-three. 

48 


378 


1874.— Cha^I^r  372. 


Obstructions  at 
crossings. 


Eepairs  at 

crossings. 


Repairs  of 
bridges,  &c. 


6.     Construction  and  maintenance  of  structwes  at  crossings. 

Section  94.  If  upon  application  to  the  county  com- 
missioners by  the  mayor  and  aldermen  or  selectmen  of 
any  city  or  town,  it  appears  that  a  railroad  corporation 
crosses  with  its  road  a  highway  or  other  way  therein  so  as 
to  cause  an  obstruction  thereto,  contrary  to  the  provisions 
of  section  eighty-six,  or  of  any  decree  of  the  county  com- 
missioners made  under  section  eighty-eight,  or  that  it  re- 
fuses or  neglects  to  keep  in  proper  repair,  any  bridge  or 
other  structure  required  or  necessary  at  such  crossing,  the 
commissioners,  after  due  notice  to  the  corporation,  may 
pass  a  decree  prescribing  what  repairs  shall  be  made  by 
the  coi-poration  at  the  crossing,  and  the 'time  within  which 
they  shall  be  made ;  and  shall  order  the  corporation  to 
pay  the  costs  of  the  application.  They  may  further  order 
the  corporation  to  give  security,  as  provided  in  section 
eighty-eight,  for  the  faithful  performance  of  the  require- 
ments of  the  decree  and  the  indemnity  of  said  city  or 
town  upon  any  failure  in  such  performance. 

Section  95.  Every  railroad  corporation  shall,  at  its  own 
expense,  construct  and  afterwards  maintain  and  keep  in  re- 
pair all  bridges,  with  their  approaches  or  abutments,  which 
it  is  authorized  or  required  to  construct  over  or  under  any 
turnpike  road,  canal,  highway  or  other  way ;  and  any  city 
or  town  may  recover  of  the  railroad  corporation  whose 
road  crosses  a  highway  or  town  way  therein,  all  damages, 
charges  aud  expenses  incurred  by  such  city  or  town  by 
reason  of  the  neglect  or  refusal  of  the  corporation  to  erect 
or  keep  in  repair  all  structures  required  or  necessary  at 
such  crossing ;  but  if,  after  the  laying  out  and  making  of 
a  railroad,  the  county  commissioners  have  authorized  a 
turnpike,  highway,  or  other  way  to  be  laid  out  across  the 
railroad,  all  expenses  of  and  incident  to  constructing  and 
maintaining  the  turnpike  or  way  at  such  crossing  shall  be 
borne  by  the  turnpike  corporation  or  the  county,  city, 
town  or  other  owner  of  the  same  ;  until  or  unless,  in  either 
case,  it  shall  be  otherwise  determined  by  an  award  of  a 
special  commission,  as  provided  in  the  four  following  sec- 
tions. 


Alteration  of 
crossings. 


7.    Alteration  of  ctvssiAgs ;  special  commission. 

Section  96.  If  the  mayor  and  aldermen  of  a  city,  or 
the  selectmen  of  a  town,  wherein  a  highway  or  town  way 
which  crosses  or  is  crossed  by  a  railroad  is  situated,  or 


1874.— Chaptee  372.  379 

the  directors  of  any  railroad  corporation,  whose  road 
crosses  or  is  crossed  by  such  way,  are  of  the  opinion  that 
it  is  necessary  for  the  security  or  convenience  of  the  pub- 
lic that  any  alteration  should  be  made  in  such  crossing,  or 
in  the  approaches  thereto,  or  in  the  method  of  such  cross- 
ing, or  in  the  location  of  the  railroad  or  in  the  location  of 
the  highway  or  town  way,  or  in  any  bridge  at  such  cross- 
ing, the  county  commissioners  shall,  when,  after  due  no- 
tice and  hearing  of  all  parties  interested,  they  decide  that 
such  alteration  is  necessary,  prescribe  the  manner  and 
limits  within  which  it  shall  be  made,  and  forthwith  certify 
their  decision  in  the  matter  to  the  parties,  and  also  to  the 
board  of  railroad  commissioners  ;  and  when  the  county 
commissioners  decide  that  no  alteration  is  necessary,  the 
party  making  the  application  shall  pay  the  costs  thereof. 

Section  97.  If,  under  the  provisions  of  the  preceding  Land  may  be 
section,  the  county  commissioners  decide  that  the  location  ag^'assl'lsed? 
of  the  railroad  or  of  the  highway  or  town  way  shall  be 
changed,  land,  or  other  property,  may  be  taken  therefor 
according  to  the  provisions  of  law ;  and  all  damages  oc- 
casioned by  such  taking  shall  be  assessed  according  to  the 
provisions  of  the  laws  which  now  are  or  hereafter  may  be 
in  force  regulating  the  taking  of  land  by  railroad  corpora- 
tions, or  the  taking  of  land  for  highways  and  town  ways, 
as  the  case  may  be. 

Section  98.  The  party  by  whom  such  decision  shall  Awardto be 
be  carried  into  effect  shall  be  determined  by  the  award  of  Sai  commission. 
a  special  commission  of  three  disinterested  persons,  to  be 
appointed  as  provided  in  the  next  section ;  and  the  said 
special  commission  shall  also  determine  by  what  party  all 
charges  and  expenses  occasioned  by  making  such  altera- 
tion, and  all  future  charges  for  keeping  in  repair  such 
crossing  and  the  approaches  thereto,  as  well  as  all  costs  of 
the  application  to  the  county  commissioners,  or  of  the 
hearing  before  said  special  commission,  shall  be  borne  ;  or 
said  special  commission  may  apportion  all  such  charges, 
expenses  or  costs  between  the  railroad  corporation  and 
the  town,  city  or  county  in  which  said  crossing  is  situated  ; 
and  the  supreme  judicial  court  shall  have  jurisdiction  in 
equity  to  compel  compliance  with  all  orders,  decrees  and 
judgments  of  said  special  commission. 

Section  99.     The  members  of  such  special  commission  Appointment  of 
shall  be  named  within  thirty  days  after  the  decision  that  '?„'*' '*""°'''' 
an  alteration  is  necessary,  in  the  following  manner :  one 


380 


1874.— Chapter  372. 


Award  to  be 
filed  in  oflSce  of 
railroad  com- 
missioners. 


of  them  shall  be  named  by  the  county  commissioners,  if 
the  way  that  crosses  or  is  crossed  by  the  railroad  is  a 
highway,  or  by  the  selectmen  or  mayor  and  aldermen,  if  it 
is  a  town  way  ;  one  by  the  railroad  corporation  interested  ; 
and  the  third  shall  be  a  member  of  the  board  of  railroad 
commissioners  designated  by  said  board  ;  and  if  the  town, 
city,  county  or  railroad  corporation  does  not  name  a 
member  within  thirty  days  after  decision  aforesaid,  the 
board  of  railroad  commissioners  shall  name  a  meml)er  in 
its  behalf.  The  commission  shall  meet  as  soon  as  may  be 
after  the  several  members  are  named,  and  in  any  case 
within  sixty  daj's  after  the  decision  aforesaid. 

Section  100.  Any  award  made  under  the  provisions 
of  section  ninety-eight  shall  be  filed  in  the  office  of  the 
board  of  railroad  commissioners,  and  the  same  shall  be 
final,  unless  some  party  afifected  thereby,  within  thirty 
days  of  the  rendering  of  such  award,  requests  in  writing 
the  commission  established  l)y  said  section  to  return  said 
award  into  the  supreme  judicial  court,  for  the  county  in 
which  the  crossing  is  situated,  and,  upon  such  request, 
said  commission  shall  so  return  said  award,  which  shall  be 
subject  to  revision  in  the  same  manner  as  if  said  commis- 
sion had  derived  its  power  to  act  in  the  premises  under 
the  appointment  of  said  court,  and  said  award,  when 
accepted  by  said  court,  shall  be  final. 

Section  101.  When  the  party  designated  for  that  duty 
iiitoeffecCparty  by  the  award  of  the  special  commission  has  carried  into 
otherrtheirVro-  cficct  the  dccisiou  of  thc  couuty  commissioners  agreeably 
to  brpail'''^*^^^  to  said  award,  such  party  may  recover  of  any  other  party, 
in  an  action  of  contract,  the  proportion  awarded  to  be  paid 
by  such  other  party,  with  interest ;  and  if  the  party  so 
designated  by  the  award  unreasonably  neglects  or  refuses 
to  carry  the  decision  into  efiect,  any  other  party  afi'ected 
by  such  neglect  or  refusal  may  proceed  to  do  it,  and,  in 
an  action  of  tort  against  any  or  all  of  the  others,  may 
recover  from  each  the  proportion  awarded  to  be  paid  by 
it;  and  from  the  party  neglecting  or  refusing,  all  charges, 
expenses  and  costs  occasioned  thereby. 


When  decision 
has  been  carried 


Jurisdiction 
vested  in  county 
commissioners,     toucllino" 


8.    Remedies  in  cases  arising  witK'reference  to  crossings. 

Section  102.     The  original  jurisdiction  of  all  questions 
obstructions    to    turnpikes,    highways    or   town 
ways,  caused  by  the  construction  or  operation  of  railroads, 


1874.— Chapter  372.  381 

shall  he  vested  in  the  county  commissioners  within  their 
respective  jurisdictions. 

Section  103.     The  supreme  judicial  court  shall  have  s.  j.  c.  tohave 
jurisdiction  in  equity,  and  may  compel  railroad  corpora-  'l^uftyrand  may 
tions  to   raise  or  lower  any  turnpike,  highway  or  town  ro!fdMo'r*iJ'e or 
way,  when  the  county  commissioners  have  decided  in  due  lowerhighway, 
and  legal  form  that  such  raising  or  lowering  is  necessary 
for  the  security  of  the  public ;  and  to  comply  with  the 
orders,  decrees  and  judgments  of  county  commissioners  in 
all  cases  touching  obstructions  to  such  ways  by  railroads. 
And  if  it  is  made  to  appear  to  the  supreme  judicial  court, 
or  any  justice  thereof,  in  term  time  or  vacation,  upon  the 
petition  of  the  mayor  and  aldermen  or  selectmen  of  any 
place,  that  a  corporation  has  excavated  or  altered  a  high- 
way or  town  way  without  obtaining  the  decree  and  giving 
the  security  required  l)y  section  eighty-eight,  or  has  neg- 
lected for  fifteen  days  to  give  security  as  required  by  sec- 
tion ninety-four,  the  court  or  justice  may,  by  injunction  or 
other  suitable  process  according  to  the  practice  of  courts 
of  equity,  restrain  and  prohibit  the  corporation  from  en- 
tering upon,  altering,  excavating  or  crossing  the  way  until 
such  decree  is  obtained  or  the  security  given. 

4.       Certain    Special   Cases. 

1.  Obstruction  to  a  private  ivay. 

Section  104.     No  application  for  damages  shall  be  sus-  obstruction  to  a 
tained  against  a  railroad  corporation  by  the  owners  of  a  p"^^*^  ^^^'• 
private  way,  by  reason  of  any  obstruction  thereto  occa- 
sioned by  the  railroad  crossing  the  same,  unless  the  appli- 
cation is  made  within  three  years  from  the  time  when  the 
way  is  so  obstructed. 

2.  Severance  of  private  lands. 

Section  105.  When  a  railroad  lawfully  laid  out  through  severance  of 
land  without  the  consent  of  the  owner  separates  one  por-  p^^^*'^  '^°<^®- 
tion  thereof  from  another,  or  from  a  highway  or  pulilic 
way,  and  the  owner  has  a  right  to  cross  the  railroad,  if  a 
difference  arises  between  him  and  the  corporation  owning 
the  road  as  to  the  place  or  manner  in  which  he  shall  cross, 
either  party  may  apply  to  the  county  commissioners  to 
direct  such  place  or  manner.  The  commissioners,  after 
due  notice  to  the  other  party  and  hearing  the  parties,  may 
make  such  order  in  relation  to  such  crossins:  and  the  costs 


382 


1874.— Chapter  372. 


Losses  by  fire 
communicated 
by  locomotive 
engines. 


of  the  application  as  they  may  deem  proper.  K  a  cross- 
ing is  deemed  inconvenient  by  either  party,  such  party 
may  apply  to  the  commissioners  to  alter  the  same,  and 
upon  like  notice  and  hearing  they  may  make  like  order  in 
relation  thereto.  The  commissioners  shall  not  order  the 
corporation  to  construct  or  maintain  any  crossing  without 
its  consent,  except  where  it  is  liable  by  law  or  by  agree- 
ment to  construct  a  crossing  for  the  owner  of  the  laud  or 
is  the  party  making  the  application.  No  application  under 
this  section  shall  be  proceeded  with  until  the  applicant 
furnishes  sufficient  recognizance  to  the  county,  with  sure- 
ties to  the  satisfaction  of  the  commissioners,  for  the  pay- 
ment of  costs  and  expenses  according  to  their  order. 

3.    Damages  by  fire.    Insurance. 

Section  106.  Every  railroad  corporation  shall  be  re- 
sponsible in  damages  to  any  person  or  corporation  whose 
buildings  or  other  property  may  be  injured  by  tire  com- 
municated by  its  locomotive  engines,  and  shall  have  an 
insurable  interest  in  the  property  upon  its  route  for  which 
it  may  be  so  held  responsible,  and  may  procure  insurance 
thereon  in  its  own  behalf. 


No  length  of 
possession  of 
land  to  create 
right  in  occu- 
pier. 


SupcrintendentB 
of  drawbridges. 


Drawbridges  to 

be  kept  closed 
except  on  Sun- 
days. 


4.    Intrusion  on  lands  belonging  to  railroads. 

Section  107.  No  length  of  possession  or  occupancy  of 
land  belonging  to  a  railroad  corporation,  by  an  owner  or 
occupier  of  adjoining  land  shall  create  any  right  to  such 
land  of  the  corporation  in  such  adjoining  owner  or  occu- 
pier, or  any  person  claiming  under  him. 

5.     Drawbridges. 

Section  108.  Every  railroad  corporation  shall  provide 
for  each  drawbridge  upon  the  line  of  its  road  a  steady  and 
discreet  superintendent,  experienced  in  the  management 
of  vessels,  who  shall  have  full  control  and  direction  of  the 
passing  of  vessels  through  the  draw ;  and  shall  make  and 
enforce  for  each  drawbridge  rules  and  regulations  conform- 
able to  the  seven  following  sections. 

Section  109.  Every  such  drawbridge  shall  be  kept 
closed  at  all  times,  except  while  open  for  the  actual  pas- 
sage of  vessels,  and  except  on  Sundays.  The  superintend- 
ent shall  at  all  hours  of  the  day  and  night  be  ready  to 
open  the  draw ;  he  shall,  having  regard  to  the  convenient 
and  secure  passage  of  engines  and  trains  and  the  state  of 


1874.— Chapter  372.  383 

the  tide,  decide  when  and  the  order  in  which  vessels  may 
pass,  allowing  no  unnecessary  detention ;  he  shall  give  all 
necessary  advice  and  furnish  proper  facilities  for  such 
passing ;  and  he  shall  keep  posted  up  in  a  convenient 
place,  for  the  inspection  of  all  interested,  a  printed  copy 
of  the  rules  and  regulations  relating  to  the  drawbridge. 

Section  110.     Every  commander  of  a  vessel  applying  Passage  of  ves- 
to  pass  such  draw  shall  give  the  superintendent  a  true  LtudV  super-" 
report  of  his  vessel's  draught  of  water,  and  shall  be  gov-  '"*''°'^^°*- 
erned  by  him.  as  to  priority  of  right  when  two  or  more 
vessels  apply  to  pass  at  the  same  time ;  he  shall,  unless 
otherwise  directed  by  the  superintendent,  in  passing,  go 
to  the  right,  according  to  the  tide,  if  practicable ;  and, 
except  as  he  may  be  authorized  by  the  superintendent, 
shall  so  place  his  buoys,  warping-lines,  anchors  or  cables 
as  neither  to  interfere  with  other  vessels  nor  obstruct  the 
bridge ;  and  he  shall  be  allowed  a  reasonable  time  for  his 
vessel  to  pass.     Railroad  trains  shall  be  allowed  fifteen 
minutes  to  cross  a  draw  before  and  after  their  table  time 
for  being  due,  and  a  further  reasonable^^time  to  pass  shall 
be  allowed  to  any  approaching  train. 

Section   111.     Every   drawbridge    shall   be   furnished  ^eSlhld*" 
with  conspicuous  day  and  night  signals,  which  shall  be  with conspicu. 
displayed  at  all  times  in  such  manner  as  clearly  to  indicate  ^^^  "^°^ 
to  the  engineman  of  an  approaching  train  the  position  of 
the  draw,  whether  open  or  closed. 

Section  112.     The  railroad  corporation  may  erect,  at  a  Gates  may  be 
distance  of  five  hundred  feet  from  every  drawbridge,  or  at  trackVe^hM- 
such  other  distance  as  may,  on  application  of  the  corpora-  td^^e!^^  ^"^""^ 
tion,  be  prescribed  by  the  board  of  railroad  commissioners, 
and  on  each  side  thereof,  a  substantial  gate,  so  constructed 
and  connected  with  the  draw  by  suitable  mechanism,  that 
the  draw,  when  in  position  for  the  passage  of  trains,  can- 
not be  opened  or  moved  until  the  gates  have  been  closed 
across  the  track  in  such  manner  as  to  be  a  barrier  and 
warning  to  any  train  approaching  in  either  direction. 

Section  113.  If  any  drawbridge  is  not  furnished  with  Engineer  to  see 
gates  as  provided  in  the  preceding  section,  and  in  all  cases  i^clo8ed7^"'^^^ 
when,  by  reason  of  darkness  or  otherwise,  the  gates  or 
signals  connected  with  any  drawbridge  are  not  visible 
from  the  engine  of  an  approaching  passenger  train,  the 
engineman  of  such  train  shall  bring  the  same  to  a  full  stop 
at  a  distance  of  not  less  than  three  hundred  nor  more  than 
eight  hundred  feet  from  the  drawbridge,  and  shall,  before 


384 


1874.— Chapter  372. 


Penalty  on  cor- 
porations for 
neglect,  &c. 


Penalty  for 
obstructing  su- 
perintendent in 
performance  of 

duties. 


proceeding,  positively  ascertain  that  the  draw  is  properly 
closed  for  the  passage  of  trains :  provided,  hoicever,  that 
when  the  drawbridge  is  between  two  railroad  crossings,  at 
grade,  within  six  hundred  feet  of  each  other,  one  stop 
only  shall  be  required  for  such  crossings  and  drawbridge. 

Section  114.  Every  railroad  corporation  neglecting 
to  comply  with  the  provisions  of  the  three  preceding 
sections  shall  forfeit  the  sum  of  one  hundred  dollars  for 
each  day  such  neglect  is  continued ;  and  any  engineman 
or  superintendent  of  a  drawbridge,  violating  any  of  the 
provisions  of  said  sections,  or  any  rule  or  regulation 
established  in  conformity  thereto  by  the  corporation  by 
which  he  is  employed,  shall  forfeit  the  sum  of  one  hun- 
dred dollars  for  each  offence.  Said  forfeitures  may  be 
recovered  upon  complaint  or  indictment  in  the  county 
where  the  offence  is  committed,  to  the  use  of  the  com- 
plainant. 

Section  115.  Whoever  obstructs  the  superintendent 
in  the  performance  of  his  duties  or  violates  any  provision 
of  the  foregoing  sections  relating  tO'  drawbridges  shall 
forfeit  not  less  than  three  nor  more  than  fifty  dollars. 
Whoever  breaks,  defaces  or  impairs  any  such  bridge  or 
wharf,  or  pier  appurtenant  thereto,  or  unnecessarily  opens 
or  obstructs  the  draw  without  the  consent  of  the  super- 
intendent, or  without  such  consent  makes  fast  or  moors 
any  scow,  raft  or  other  vessel  to  such  bridge  within  wake 
of  the  draw,  shall  forfeit  not  less  than  three  nor  more 
than  twenty  dollars.  Whoever  wilfully  injures  or  dam- 
ages any  railroad  bridge,  wharf  or  pier,  or  wilfully 
disturbs  or  hinders  the  superintendent  in  the  discharge  of 
his  duties  shall  forfeit  for  each  offence  a  sum  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  and  be 
further  liable  in  damages  to  thp  Qprporation  against  which 
the  offence  is  committed. 


Passenger  sta- 
tion maintained 
for  iive  years 
not  to  be  aban- 
doned. 


6.  Stations. 
Section  116.  Whenever  a  railroad  corporation  has 
established  and  maintained  throughout  the  year  for  five 
consecutive  years  a  passenger  station  at  any  point  upon  its 
road,  such  station  shall  not  be  abandoned,  nor  shall  the 
accommodation  furnished  by  the  stopping  of  trains  thereat 
be  substantially  diminished  as  compared  with  that  fur- 
nished at  other  stations  on  the  same  road ;  and  in  case  of 
any  violation  of  the  provisions  of  this  section,  it  shall  be 


1874.— Chaptek  372.  385 

the  duty  of  the  attorney-general,  at  the  relation  of  ten 
legal  voters  of  the  town  or  city  in  which  said  station  is 
located,  to  proceed  in  equity  by  information  to  enjoin  said 
corporation  from  further  violation  thereof. 

Section  117.      Railroad    corporations    may    re-locate  Passenger  sta- 

-t     n     •    I         -I  .1  1  tions  and  freigb 

passenger  stations  and  ireight  depots  upon  the  approval  depot  may  be 
in  writing  of  the  board  of  railroad  commissioners,  and  of '''^°°*®  ' 
the  selectmen  of  the  town  or  the  city  council  of  the  city 
in  which  such  stations  or  depots  are  situated. 

7.     Sivitches,     Bridge -Guards. 

Section  118.  All  switches  hereafter  laid  down  in  any  a  safety  switch, 
railroad  track  which  is  used  or  intended  to  be  used  for  the  commissioners, 
running  of  passenger  or  mixed  trains  thereon  (including 
those  so  laid  down  in  renewal  of  existing  switches),  shall 
be  of  the  kind  known  as  the  Tyler  switch,  or  some  other 
kind  of  safety  switch  approved  in  writing  by  the  board  of 
railroad  commissioners.  For  each  switch  laid  down  in 
violation  of  the  provisions  of  this  section,  the  railroad 
corporation  shall  forfeit  a  sum  of  two  hundred  dollars, 
and  the  further  sum  of  five  dollars  for  each  day  the  switch 
is  used.     . 

Section  119.     Every  railroad    corporation  shall  erect  Bridge.guards 

to  OG  CrGCtCUa 

and  maintain  suitable  bridge-guards  at  every  bridge  or 
other  structure,  any  portion  of  which  crosses  the  railroad 
less  than  eighteen  feet  aljove  the  track ;  such  guards  to  be 
approved  by  the  board  of  railroad  commissioners,  and  to 
be  erected  and  adjusted  to  their  satisfaction.  Any  corpo- 
ration which  refuses  or  neglects  to  comply  with  the  pro- 
visions of  this  section  shall  for  each  month  of  continuance 
in  such  neglect  or  refusal  forfeit  the  sum  of  fifty  dollars ; 
and  whoever  shall  wilfully  destroy  or  break  any  such  penalty  for 
bridge-guard  shall  forfeit  a  sum  not  exceeding  one  hun-  bruige^gulrd. 
dred  dollars,  and  be  liable  to  imprisonment  not  exceeding 
thirty  days. 

Section  120.     No  railroad,  branch  or  extension  of  a  Road  not  to  be 
railroad,  shall  hereafter  be  opened  for  public  use  until  the  lictfse uutn faws 
board  of  railroad  commissioners,   after  an  examination,  8trucu?nlre°° 
certify  that  all  laws  relating  to  the  construction  thereof  compUed  with. 
have  been  complied  with,  and  that  the  road  appears  to  be 
in  a  safe  condition  for  operation. 

49 


386 


1874.— Chapter  372. 


Trains  to  be 
stopped  five 
hundred  feet 
£rom  erosaings 
at  grade. 


Commissioners 
may  prescribe 
rules  for  cross- 
ings. 


8.     Regulations,  hy  Law,  for  the  operation  of  the  Rail- 
road. 

(a)    At  crossings  of  one  railroad  with  another. 

Section  121.  When  a  railroad  crosses,  or  is  crossed, 
by  another  railroad  at  the  same  level,  the  engiueman  of 
every  freight  train,  and,  when  both  of  such  roads  are 
used  for  passenger  traffic,  the  engineman  of  every  passen- 
ger train,  shall,  on  approaching  such  crossing,  stop  his 
engine  within  five  hundred  feet  therefrom,  and  shall  not 
resume  his  course  until  signalled  to  do  so,  when  he  shall 
pass  slowly  over  the  crossing ;  but  one  stop  shall  be 
sufficient  for  all  such  crossings  within  six  hundred  feet  of 
each  other  upon  the  same  railroad.  Every  engineman 
failing  to  stop  his  engine  as  aforesaid,  shall  for  each 
ofience  forfeit  one  hundred  dollars,  and  the  corporation  on 
whose  road  the  offence  is  committed,  shall  forfeit  the 
further  sum  of  three  hundred  dollars ;  such  forfeitures  to 
be  recovered  by  complaint  in  the  county  where  the  offence 
is  committed. 

Section  122.  The  board  of  railroad  commissioners 
shall  have  the  power,  and  it  shall  be  their  duty,  to  pre- 
scribe regulations  either  general  for  all  crossings,  or  special 
for  particular  crossings,  to  apply  to  such  crossings  as  they 
may  prescribe,  in  such  detail  as  they  may  deem  expedient, 
and  the  supreme  judicial  court  shall  have  the  power  to 
issue  any  j)rocesses  necessary  to  secure  the  enforcement  of 
such  regulations,  or  to  grant,  on  the  petition  of  said 
board,  an  injunction  to  prevent  the  running  of  trains  on 
any  railroad  upon  which  the  board  may  represent  that  any 
regulation  respecting  such  crossing  is  not  exactly  ob- 
served. The  approval  of  the  railroad  commissioners  shall 
be  required  for  a  system  of  signals  to  be  established  and 
maintained  in  concert  by  the  corporations  operating  the 
railroads  which  cross  one  another :  provided,  that  no  reg- 
ulation or  system  of  signals  shall  be  proposed  or  estab- 
lished which  excepts  from  the  provisions  of  the  preceding 
section  any  railroad  upon  which  passenger  trains  are  run 
by  steam  power,  or  any  railroad  crossed  by  such  railroad. 


(b.)    At  crossings  of  highways  and  other  wags. 

M  whisuV^"^        Section  123.     Every  railroad  corporation  shall  cause 
hounded  eighty   a   bcll,  of  at  Icast  thirtv-fivc  pounds   in  weight,  and  a 

rods  from  cross-      .  i-ji,i  it  it  i? 

ing  of  highway,  steam-whistlc,  to   be   placed  on  each  locomotive  engine 

&c. 


1874.— Chapter  372.  387 

passing  upon  its  road  ;  and  such  bell  shall  be  rung  or  such 
whistle  sounded  at  the  distance  of  at  least  eighty  rods 
from  the  place  where  the  road  crosses  upon  the  same  level 
a  turnpike,  highway,  town  way  or  travelled  place,  over 
which  a  sign-board  is  required  to  be  maintained,  as  pro- 
vided in  the  next  two  sections ;  and  such  bell  shall  be 
rung  or  such  whistle  sounded,  either  one  or  the  other, 
continuously  or  alternately,  until  the  engine  has  crossed 
such  turnpike,  way,  or  travelled  place. 

Section  124.  Every  railroad  corporation  shall  cause  signs  to  be 
boards,  well  supported  by  posts  or  otherwise,  to  be  placed  crossings. 
and  constantly  maintained  across  each  turnpike,  highway, 
or  town  way,  where  it  is  crossed  by  the  railroad  at  the 
same  level ;  said  posts  and  boards  shall  be  of  such  height 
as  to  be  easily  seen  by  travellers,  without  obstructing  the 
travel ;  and  on  each  side  of  the  boards  the  following  in- 
scription shall  be  printed  in  capital  letters  of  at  least  the 
size  of  nine  inches  each, — Railroad  Crossing — Look  out 
FOR  THE  Engine.  When  a  gate  or  a  flagman  is  main- 
tained at  such  crossing,  as  provided  in  section  one  hun- 
dred and  twenty-six,  the  corporation  may  substitute  in 
place  of  such  posts  and  boards,  warning  boards  on  each 
side  of  the  crossing,  of  such  form,  size  and  description  as 
the  board  of  railroad  commissioners  shall  approve. 

Section  125.  If  the  mayor  and  aldermen  or  selectmen  signboards  to 
of  a  city  or  town  wherein  a  travelled  place  is  crossed  by  seieoTmen^oT*'^'* 
a  railroad  at  the  same  level,  decide  that  it  is  necessary  for  ^ermen^^^guest. 
the  better  security  of  the  public,  that  sign-boards  such  as 
are  described  in  the  preceding  section,  should  be  maiu- 
tained at  such  travelled  place,  they  may  in  writing  request 
the  corporation  owning  the  railroad  to  erect  and  maintain 
them.  If  the  corporation  neglects  or  refuses  so  to  do,  the 
mayor  and  aldermen  or  selectmen  may  apply  to  the  county 
commissioners  to  decide  upon  the  reasonableness  of  their 
requests.  If  the  commissioners,  after  due  notice  and 
hearing  of  the  parties,  decide  that  such  erection  is  neces- 
sary for  the  better  security  of  the  public,  the  corporation 
shall  comply  with  their  decision,  and  pay  the  costs  of  the 
application.  If  they  decide  that  it  is  not  so  necessary, 
one-half  of  the  costs  of  the  application  shall  be  paid  by 
the  city  or  town,  and  one-half  by  the  corporation. 

Section  126.  If  the  mayor  and  aldermen  or  select-  ^|^Jedtoopen 
men  of  any  city  or  town  in  which  a  turnpike,  hiijhway,  and  close  gates, 
town  way  or  travelled  place  is  crossed  by  a  railroad  at  the  stationed  at 

*•  .  "  crossing. 


388  1874.— Chapter  372. 

same  level,  should  be  of  opinion  that  it  is  necessary  for 
the  better  security  of  the  public,  that  gates  should  be 
erected  across  such  turnpike,  highway,  town  way  or  trav- 
elled place,  and  that  an  agent  be  stationed  to  open  and 
close  such  gates  when  an  engine  or  train  passes,  or  that 
bars  be  erected  instead  of  gates,  or  that  a  flagman  be  sta- 
tioned at  the  crossing  who  shall  display  a  flag  whenever 
an  engine  or  a  train  passes,  such  mayor  and  aldermen  or 
selectmen  may  in  writing  request  the  railroad  corporation 
to  erect  and  maintain  gates,  and  station  an  agent  thereat; 
or  to  erect  bars ;  or  to  station  a  flagman  at  the  crossing. 
If  the  corporation  refuses  or  neglects  to  comply  with  the 
request,  the  mayor  and  aldermen  or  the  selectmen  may 
Commissioners  appl}'"  to  the  couuty  commissiouers.  Upon  such  applica- 
to'b^°erex;tedf  ^^  tiou,  or  at  any  time  upon  the  petition  of  any  part}'^,  after 
^''"  due  notice  and  hearing,  the  commissioners  ma}^  make  such 

orders  for  the  erection  and  maintenance  of  gates  or  bars, 
or  the  stationing  of  an  agent  or  flagman,  or  such  alteration 
of  arrangements  already  existing  at  the  crossing,  as  said 
commissioners  shall  decide  the  better  security  of  human 
life  or  the  convenience  of  the  public  travel  require,  and 
may  further  make  such  order  as  to  costs  as  justice  may 
require ;  and  the  railroad  corporation  shall  comply  with 
all  such  orders  of  the  county  commissioners,  whether 
made  before  the  railroad  is  constructed  and  opened  for 
use,  or  from  time  to  time  afterwards. 
Penalty  on  agent  SECTION  127.  If  an  agcut  statioucd  at  a  crossing  under 
negiecVofduty.  the  provisious  of  scctiou  one  hundred  and  twenty-six  neg- 
lects to  open  or  close  the  gates  for  the  safe  passing  of  an 
engine  on  the  railroad,  or  of  a  traveller  on  the  turnpike, 
highway,  or  other  way,  or  if  a  flag-man  so  stationed  neg- 
lects to  display  his  flag,  the  agent  or  flag-man  shall  for 
every  neglect  forfeit  a  sum  not  exceeding  one  hundred 
dollars ;  and  the  corporation  shall  also  be  liable  for  all 
damages  sustained  by  any  person  by  reason  of  such  neglect 
of  any  of  its  agents. 
Penalty  on  cor-  SECTION  128.  If  a  raili'oad  corporation  unreasonably 
neglect  to  com-  ncglccts  or  Tcfuses  to  comply  with  any  order  or  decision 
p  J  wit  Older,  ^^^^^^  Under  section  one  hundred  and  twenty-five  or  one 
hundred  and  twenty-six,  it  shall  forfeit  for  every  such 
refusal  or  neglect  a  sum  not  exceeding  one  thousand  dol- 
lars. The  supreme  judicial  court  shall  have  jurisdiction  in 
equity,  and  may  compel  railroad  corporations  to  comply 
with  the  orders,  decrees  find  judgments  of  county  commis- 


\ 


1874.— Chapter  372.  389 

sioners  iu  all  cases  touching  the  crossing  of  turnpikes, 
highways,  other  ways  or  travelled  places  by  railroads.  '' 

Section  129.     No  railroad  corporation,  nor  its  servants  Penalty  on  cor- 
or  agents,  shall  wilfully  or  negligently  obstruct,  or  unnec-  structing high- 
essarily  or  unreasonably  use  or  occupy  a  higliAvay,  town  ^^^*' 
way  or  street;  nor  in  any  case  with  cars  or  engines,  for 
more  than  five  minutes  at  one  time  ;  and  whenever  a  high- 
way, town  way  or  street  has  been  thus  used  or  occupied 
with  cars  or  engines,  no  railroad  corporation  shall  again 
use  or  occupy  the  same  with  the  cars  or  engines  of  a  freight 
train,  until  a  sufficient  time,  not  less   than  three  minutes, 
has  allowed  the  passage  across  the  railroad  of  such  travel- 
lers as  were  ready  and  waiting  to  cross  w^hen  the  former 
occupation  ceased.     For  any  violation  of  the  provisions  of 
this  section  the  corporation  shall  forfeit  the  sum  of  one 
hundred  dollars. 

(c.)    Regulations  i^elating  to  equipment  of  cars  and  trains. 

Section  130.  Every  railroad  corporation  shall  cause  Brakes  and 
a  good  and  sufiicient  brake  to  be  attached  to  every  car 
used  upon  its  railroad  for  the  transportation  of  passengers, 
and  to  every  car  used  for  the  transportation  of  freight, 
except  four-wheeled  freight  cars  used  only  for  that  pur- 
pose ;  and  shall  cause  to  be  stationed  on  every  passenger 
train,  trusty  and  skilful  brakemen,  equal  in  number  at 
least  to  one  for  eveiy  two  cars  in  the  train,  and  one  such 
brakeman  upon  the  last  car  of  every  freight  train,  which 
must  always  be  equipped  ^\\i\\  a  good  and  sufiicient  brake. 
For  any  violation  of  the  provisions  of  this  section  the  cor- 
poration shall  forfeit  a  sum  not  exceeding  one  hundred 
dollars. 

Section  131.     Every  railroad  corporation  shall  equip  toois  to  be  car. 
each  of  its  trains,  for  use  in  case  of  accident,  with  two  for'uIL'^ncST 
guide-plates,  tw^o  jack-screws,  two  crow-bars,  one  pinch-  of  accidents. 
bar,  one  claw-bar,  one  spike  hammer,  two  sharp  axes, 
ropes  or  chains  suitable  for  hauling  cars,  and  such  other 
tools  and  appliances  as  the  board  of  railroad  commission- 
ers may  direct.     For  any  violation  of  the  provisions  of 
this  section  the  corporation  shall  forfeit  the  sum  of  five 
hundred  dollars. 

Section  132.     No  passenger  cars  on  any  railroad  shall  nott^be  li'ht'ed 
be  lighted  by  naphtha  or  by  any  illuminating  oil  or  fluid,  ^y  explosive 
made  in  ptu't  of  naphtha,  or  wholly  or  in  part  from  coal  or 
petroleum  or  other  substance  or  material,  which  will  ignite 


390  1874.— Chapter  372. 

at  a  temperature  of  less  than  three  hundred  degrees  Fahr- 
enheit. Any  raUroad  corporation  which  violates  the  pro- 
visions of  this  section  shall  forfeit  a  sum  not  exceeding 
five  hundred  dollars. 

(d.)    Accommodations  for  passengers. 

TOmmodatfon'^to      SECTION  133.     Evcrj  railroad  corporation  shall  furnish 

be  furniBhed  to   rcasouable  accommodations  for  the  convenience  and  safety 

of  passengers  ;  and  for  every  wilful  neglect  to  provide  the 

same  shall  forfeit  not  less  than  five  nor  more  than  twenty 

dollars,  to  be  recovered  in  an  action  of  tort. 

Fnd^bldgestobe      SECTION  134.     Evcry  railroad  corporation  shall  provide 

worn  by  em-      a  uuifoi'm  Cap  and  distinguishino^  bado^es  to  be  worn  by  all 

ployes.  .  •"■  ^  o  o  o  j 

its  employes  whose  duties  relate  to  the  immediate  trans- 
portation of  passengers  or  their  luggage.  A  corporation 
neglecting  to  prescribe  and  furnish  such  uniform  cap  and 
badges  shall  forfeit  one  hundred  dollars  for  each  week  of 
the  continuance  of  such  neglect ;  and  if  any  employe  for 
whom  such  uniform  cap  and  badge  is  prescribed  neglects 
when  on  duty  to  wear  the  same,  the  corporation  employ- 
ing him  shall  for  each  case  of  such  neglect  forfeit  the  sum 
of  twenty-five  dollars ;  and  no  employe,  unless  wearing 
his  uniform  and  badge,  shall  be  permitted  to  exercise  any 
authority  or  to  perform  any  of  the  duties  of  his  office. 
Sengers  at  SECTION  135.     Any  railroad  corporation  may  make  con- 

reduoed  rates     tracts  for  the  convcyancc  of  passenojers  upon  desio'uated 

upon  designated  .  -j^Vi  axjij.-  ^  i 

trains.  traius,  lor  a  specific  distance,  at  fixed  times,  at  such  re- 

duced rates  of  fare  as  the  parties  may  agree  upon.     Tickets 
may  be  issued  for  such  passengers,  upon  which  shall  be 
plainly  printed  the  terms  upon  which  they  may  be  used. 
Such  tickets  shall  not  be  transferable  without  the  consent 
of  the  corporation,  nor  entitle  the  holder  to  ride  upon  any 
train  not  therein  designated. 
Thecks'to^ as-         SECTION  136.     Evcry   railroad   corporation,  when   re- 
sengers  for  bag-  qucstcd,  shall  givc  chccks  to  passcugcrs  for  their  baggage 
^^^^'  when  delivered  for  transportation,  and  shall  re-deliver  the 

same  to  the  passengers  upon  the  surrender  of  their  checks. 
Any  corporation  which  refuses  to  comply  with  the  provis- 
ions of  this  section  shall  forfeit  ten  dollars,  for  each  oflence. 

(e.)    Accommodations  regarding  rtierchandise. 

^^^■plrToT^      Section  137.     When  any  person  delivers  to  a  railroad 

merchandise,      corporation  foT  transportation,  any  commodity  not  extra 

hazardous  in  its  character,  such  corporation  shall  give  to 


1874.— Chapter  372,  391 

the  shipper  thereof,  if  requested  at  the  time  of  the  delivery 
of  such  commodity,  a  receipt  for  the  same,  describing  such 
commodity,  or  the  marks  and  numbers  on  packages  so 
received  for  transportation,  and  no  additional  charge  shall 
be  made  for  giving  such  receipt.  Any  railroad  corporation 
which  refuses  to  give  such  receipt,  shall  pay  to  the  person 
entitled  to  the  same  the  sum  of  fifty  dollars,  to  be  recovered 
in  an  action  of  tort. 

Section  138.     Every  railroad  corporation  shall  give  to  ah  persons, 
all  persons  or  companies,  reasonable  and  equal  terms,  facili-  equai*fac1m7el 
ties  and  accommodations  for  the  transportation  of  them-  ["Jn*'*"*^^'*" 
selves,  their  agents  and  servants,  and  of  any  merchandise 
and  other  property,  upon  any  railroad  owned  or  operated 
by  such  corporation,  and  for  the  use  of  the  depot  and 
other  buildings  and  grounds  of  such  corporation ;  and  at 
any  point  where  its  railroad  shall  connect  with  any  other 
railroad,  reasonable  and  equal  terms  and  facilities  of  inter- 
change. 

Section  139.  Every  railroad  corporation  shall  promptly  Merchandise  to 
forward  merchandise  consigned  or  directed  to  be  sent  over  prompTiy'.*^^*^ 
another  road  connecting  with  its  road,  according  to  the 
directions  contained  thereon  or  accompanying  the  same, 
and  shall  not  receive  and  forward  over  its  road  any  mer- 
chandise consigned,  ordered  or  expressly  directed  to  be 
received  and  forwarded  by  a  different  route. 

Section  140.  No  railroad  corporation  shall  charge  or  charges  for 
receive  for  the  transportation  of  freight  to  any  station  on  o?frdght. 
its  road  a  greater  sum  than  is  at  the  time  charged  or 
received  for  the  transportation  of  the  like  class  and  quan- 
tity of  freight  from  the  same  original  point  of  departure 
to  a  station  at  a  greater  distance  on  its  road  in  the  same 
direction.  Two  or  more  railroad  corporations,  whose 
roads  connect,  shall  not  charge  or  receive  for  the  transpor- 
tation of  freight  to  any  station  on  the  road  of  either  of 
them  a  greater  sum  than  is  at  the  time  charged  or  received 
for  the  transportation  of  the  like  class  and  quantity  of 
freight  from  the  same  original  point  of  departure  to  a 
station  at  a  greater  distance  on  the  road  of  either  of  them 
in  the  same  direction.  In  the  construction  of  this  section 
the  sum  charged  or  received  for  the  transportation  of 
freight  shall  include  all  terminal  charges  ;  and  the  road  of 
a  corporation  shall  include  all  the  road  in  use  by  such  cor- 
poration, whether  owned  or  operated  under  a  contract  or 
lease. 


392 


1874.— Chapter  372. 


Penalties  on 
corporation. 


Transporbntien 
of  animals. 


Railroad  police 
officers  to  be 
appointed. 


Section  141.  A  railroad  corporation  which  violates 
any  of  the  provisions  of  either  of  the  three  preceding  sec- 
tions, in  addition  to  liability  for  all  damages  sustained  by 
reason  of  such  violation,  shall  be  liable  for  each  offence  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  Commonwealth  by  the  attorney-gen- 
eral or  the  district-attorney  of  the  district  in  which  such 
violation  was  committed  :  provided,  however,  that  no  such 
action  shall  be  maintained  unless  the  same  shall  be  brought 
within  sixty  days  from  the  date  of  such  violation. 

(f.)  Animals. 
Section  142.  No  railroad  corporation,  in  the  carrying 
or  transportation  of  animals,  shall  permit  the  same  to  be 
confined  in  cars  for  a  longer  period  than  twent^^-eight  con- 
secutive hours  without  unloading  the  same  for  rest,  water 
and  feeding,  for  a  period  of  at  least  five  consecutive  hours, 
unless  prevented  from  so  unloading  %  storm  or  other 
accidental  causes.  In  estimating  such  confinement,  the 
time  during  which  the  animals  have  been  confined  without 
such  rest  on  connecting  roads  from  which  they  are  re- 
ceived shall  be  included.  Animals  so  unloaded  shall  be 
properly  fed,  watered  and  sheltered  during  such  rest,  by 
the  owner  or  person  having  the  custody  thereof,  or  in 
case  of  his  default  in  so  doing,  then  by  the  railroad  cor- 
poration transporting  the  same,  at  the  expense  of  said 
owner  or  person  in  custody  thereof,  and  said  corporation 
shall  in  such  case  have  a  lien  upon  such  animals^  for  food, 
care  and  custody  furnished,  and  shall  not  be  liable  for  any 
detention  of  such  animals  authorized  by  this  section. 
Any  corporation,  owner  or  custodian  of  such  animals  who 
shall  fail  to  comply  with  the  provisions  of  this  section, 
shall  for  each  and  every  such  offence  be  liable  for  and  for- 
feit and  pay  a  penalty  of  not  less  than  one  nor  more  than 
five  hundred  dollars  :  provided,  however,  that  when  ani- 
mals shall  be  carried  in  cars  in  Avhich  they  can  and  do 
have  proper  food,  water,  space  and  opportunity  for  rest, 
the  foregoing  provision  in  regard  to  their  being  unloaded 
shall  not  apply. 

9.     Railroad  Police, 
(a.)    Appointment  of  railroad  police  officers. 
Section  143.      The    selectmen   of   any   town,    or   the 
mayor  and  aldermen  of  any  city  may,  upon  the  petition 


1874.— Chaptee  372,  393 

of  any  railroad  corporation  having  a  passenger  fetation 
within  the  limits  of  such  town  or  city,  appoint  as  many  as 
they  may  deem  proper  of  the  persons  in  the  employ  of 
said  corporation  police  officers,  to  act  as  railroad  police 
for  the  purposes  and  with  the  powers  hereinafter  set  forth. 
A  copy  of  the  record  of  the  appointment  of  any  railroad 
police  officer  shall  be  filed  by  the  clerk  of  the  corporation 
upon  whose  petition  such  order  is  made,  with  the  clerk  of 
each  town  or  city  through  or  into  which  such  railroad  ex- 
tends and  in  which  it  is  intended  that  such  police  shall 
act ;  and  the  filing  of  such  order  shall  constitute  the  per- 
sons named  therein  railroad  police  within  such  towns  or 
cities.  Such  police  officers  shall  hold  their  offices  during 
the  pleasure  of  the  selectmen  or  mayor  and  aldermen  by 
whom  they  are  appointed  :  provided,  that  when  any  cor- 
poration shall  cease  to  require  the  services  of  any  of  the 
railroad  police  appointed  upon  its  petition,  it  may  file  a 
notice  to  that  effect  in  the  several  offices  in  which  notice 
of  such  appointment  was  originally  filed,  and  thereupon 
the  power  of  said  officer  shall  cease. 

Section  144.      Every   officer   of    the   railroad   police  to  wear  badges. 
shall,  when  on  duty  except  as  a  detective,  wear  in  plain 
view  a  metallic  badge,  inscribed  with  the  words  "Railroad 
Police  "  and  the  initials   or  name   of  the  corporation  for 
which  he  is  appointed. 

Section  145.     Officers  of  the  railroad  police  may  pre-  May  anest  dis- 
serve order  within  and  upon  the  premises  and  upon  the  wVthout  a^wa°-^ 
cars  of  the  corporation  upon  whose  petition  they  are  ap-  '"'*"*• 
pointed ;    they  may  arrest  without  a  written  warrant  all 
idle,  intoxicated  or  disorderly  persons  frequenting  such 
premises   or  cars  and   obstructing  or  annoying  by  their 
presence  or  conduct,  or  by  profane  or  indecent  language 
or  behavior,  travellers  using  the  same,  and  may  take  the 
persons  so  arrested  to  the  nearest  police  station  or  other 
place  of  lawful  detention. 

Section  146.     Whenever  any  passenger  upon  a  rail-  May  anest pas- 

.  i-rii  •  •  seiiger  for  refus- 

road  tram  refuses  to  pay  his  fare,  or  behaves  m  a  noisy  or  ing  to  pay  fare. 
disorderly  manner,  any  railroad  police  officer  may  arrest 
him  without  a  written  warrant  and  remove  him  to  the 
baggage  or  other  suitable  car  of  such  train,  where  such 
officer  may  confine  him  until  the  arrival  of  the  train  at 
some  station  where  he  can  be  placed  in  charge  of  an  offi- 
cer who  shall  take  him  to  a  place  of  lawful  detention. 

50 


394 


1874.— Chapter  372. 


Compensation 
to  be  paid  by 
corporation. 


Section  147.  The  compensation  of  all  railroad  police 
shall  be  paid  by  the  corporations  upon  whose  petition 
they  are  respectively  appointed.  And  such  corporations 
shall  be  liable  to  parties  aggrieved  by  any  official  miscon- 
duct of  such  railroad  police  to  the  same  extent  as  for  the 
torts  of  agents  and  servants  in  their  employ. 


Penalties. 
Walking  o« 
track. 


Loitering  in 
station  house. 


Evading  pay- 
ment of  fare. 


Riding  or  driv- 
ing horse  on  a 
railroad. 


Negligence  in 
permitting  any 
beast  going  at 
large  upon  rail- 
road. 


(b.)     Offences  and  penalties. 

Section  148.  Whoever  without  right  knowingly 
stands  or  walks  on  a  railroad  track  shall  forfeit  a  sum  not 
less  than  five  nor  more  than  fifty  dollars. 

Section  149.  Whoever  without  right  loiters  or  re- 
mains within  any  station  house  of  a  railroad  corporation 
or  upon  the  platform  or  grounds  adjacent  to  such  station, 
after  being  requested  to  leave  the  same  by  any  railroad 
officer,  shall  forfeit  a  sum  not  less  than  two  nor  more  than 
twenty  dollars. 

Section  150.  Whoever  fraudulently  evades  or  at- 
tempts to  evade  the  payment  of  any  toll  or  fare  lawfully 
established  by  a  railroad  corporation,  either  by  giving  a 
false  ansAver  to  the  collector  of  the  toll  or  fare,  or  by  trav- 
elling beyond  the  point  to  which  he  has  paid  the  same,  or 
by  leaving  the  train  without  having  paid  the  toll  or  fare 
established  for  the  distance  travelled,  or  otherwise,  shall 
forfeit  a  sum  not  less  than  five  nor  more  than  twenty  dol- 
lars. Whoever  does  not  upon  demand  first  pay  such  toll 
or  fare  shall  not  be  entitled  to  be  transported  for  any  dis- 
tance ;  but  no  person  shall  be  removed  from  any  car  ex- 
cept as  provided  in  section  one  hundred  and  forty-six ; 
nor  from  any  train  except  at  a  regular  passenger  station. 

Section  151.  Whoever  rides,  drives  or  leads  a  horse 
or  other  beast  on  a  railroad,  after  it  is  opened  for  use, 
without  the  consent  of  the  corporation  or  its  agent  (ex- 
cept in  the  proper  use  of  a  street  railway,  turnpike,  high- 
way or  other  way  or  travelled  place  at  a  crossing  of 
such  railroad  therewith  upon  the  same  level),  shall  for 
each  offence  forfeit  a  sum  not  exceeding  one  hundred  dol- 
lars, and  be  liable  for  any  damage  resulting  therefrom. 

Section  152.  The  person  through  whose  fault  or  neg- 
ligence a  horse  or  other  beast  goes  at  large  within  the 
limits  of  a  railroad  after  it  is  opened  for  use,  shall  for 
each  off*ence  forfeit  a  sum  not  exceeding  twenty  dollars, 
and  be  liable  for  any  damage  resulting  therefrom. 


1874.— Chaptee  372.  395 

Section  153.     Whoever  enters  upon  or  crosses  a  rail-  ^^flSs*" 
road  at  any  private  way  "svhich  is  closed  by  gates  or  bars,  ^tere  private 
and  neglects  to  securely  close  them,  shall  forfeit  for  each  ramoad. 
offence  a  sum  not  less  than  two  nor  more  than  ten  dollars, 
and  shall  be  liable  for  any  damage  resulting  therefrom. 

Section  154.     Whoever  wilfully  and   maliciously  ob- wufuiiy  ob- 
structs the  passing  of  any  carriage  on  a  railroad,  or  in  any  gLgTof  Yardage 
way  injures  such  road  or  anything  appertaining  thereto, '""■'*''''°'^'^- 
or  any  materials  or  implements  for  the  construction  or  use 
thereof,  or  aids  or  abets  in  such  trespass,  shall  forfeit  to 
the   use    of  the   corporation   for   each  offence  treble  the 
amount  of  damages  proved  to  have  been  sustained  there- 
by, to  be  recovered  in  an  action  of  tort  in  the  name  of  the 
corporation ;  and  may  further  be  punished  by  fine  not 
exceeding  one  thousand  dollars,  or  imprisonment  not  ex- 
ceeding one  year. 

Section  155.     Whoever  commits  any  of  the  acts  men-  Additional  pun. 

.•  I'ii  T  .•  •  1  11  1        ishment  when 

tioned  in  the  precedmg  section,  in  such  manner  as  thereoy  iifeisendan. 
to  endanger  life,  shall  be  punished  as  provided  in  said  ^®'"®'^" 
section,  or  hj  imprisonment  in  the  state  prison  not  ex- 
ceeding twenty  years. 

Section  156.     Whoever,    by   himself    or   others,    ob-  obstructing 

'J  •^  t  engine,  &c.,  and 

structs  any  engine  or  carriaoje  passing  upon  a  railroad,  or  endangering 

•/O  oi  oir^  '  safety  of  pas- 

endangers  the  safety  of  persons  conveyed  in  or  upon  the  sengers,  &c." 
same,  or  aids  or  assists  therein,  shall  be  punished  by  sol- 
itary imprisonment  in  the  state  prison  not  exceeding  ten 
days,  and  by  confinement  afterwards  in  said  prison  at  hard 
labor  not  exceeding  twenty  years. 

Section  157.  Whoever  wilfully  does  or  causes  to  be  intent  to  ob- 
done  anything  with  intent  to  obstruct  any  engine  or  car-  caniag^e"^^^  ""^ 
riage  passing  upon  a  railroad,  or  with  intent  to  endanger 
the  safety  of  persons  convej^ed  in  or  upon  the  same,  or 
aids  or  assists  therein,  shall  be  punished  by  imprisonment 
in  the  state  prison  not  more  than  five  years,  or  by  fine  not 
exceeding  five  hundred  dollars  and  imprisonment  in  the 
county  jail  not  more  than  one  year,  and  shall  forfeit  to 
the  use  of  the  corporation  for  each  offence  treble  the 
amount  of  damages  proved  to  have  been  sustained  there- 
by, to  be  recovered  in  an  action  of  tort. 

Section  158.      Whoever   breaks    and   enters,    in   the  Breaking  and 
night-time,  any  railroad  car,  or  enters  in  the  night-time  wUMnfentto 
without  breaking,  or  breaks  and  enters  in  the  day-time,  commit  felony. 
any  railroad  car,  with  intent  to  commit  the  crime  of  lar- 
ceny or  any  other  felony,  shall  be  punished  by  imprison- 


396 


1874.— Chapter  372. 


Coroner  to  be 
notified  when 
accident  is 
attended  with 
loss  of  life. 


Costs  recover- 
able by  town, 

&c. 


Penalty  on 
agent  for  an 
injury  caused 
by  negligence. 


Penalty  for 
gross  careless- 
ness in  manage- 
ment of  trains. 


Penalty  for  loss 
of  life  through 
negligence,  &c. 


ment  in  the  state  prison  not  exceeding  ten  years,  or  by 
a  fine  not  exceeding  five  hundred  dollars,  and  imprisonment 
in  the  house  of  correction  not  exceediug  two  years. 

10.     Accidents,  and  Responsibility  therefor. 

Section  159.  Every  railroad  corporation  shall  cause 
immediate  notice  of  any  accident  which  may  occur  on  its 
road,  attended  with  loss  of  life  to  any  person,  to  be  given 
to  a  coroner  of  the  county  residing  nearest  to  the  place  of 
accident,  and  shall  also  give  notice  within  twenty-four 
hours  to  the  board  of  railroad  commissioners  of  any  such 
accident,  or  of  any  accident  falling  within  a  description  of 
accidents  of  which  said  board  may  by  general  regulation 
require  notice  to  be  given.  For  each  omission  to  give 
such  notice  the  corporation  shall  forfeit  a  sum  not  exceed- 
ing one  hundred  dollars. 

Section  160.  When  a  party  upon  the  trial  of  an  ac- 
tion recovers  damages  of  a  city  or  town  for  an  injury 
caused  to  his  person  or  property  by  a  defect  in  a  highway 
"within  the  location  of  a  railroad,  the  city  or  town,  if  the 
corporation  owning  the  road  is  liable  for  such  damages 
and  has  had  reasonable  notice  to  defend  the  action,  may, 
in  addition  to  the  damages,  recover  all  costs  of  both  plain- 
tifi"  and  defendant  in  the  action. 

Section  161.  When  an  engineman,  fireman  or  other 
agent  of  a  corporation  is  guilty  of  negligence  or  careless- 
ness whereby  an  injury  is  done  to  any  person  or  corpora- 
tion, he  shall  be  punished  l)y  imprisonment  not  exceeding 
twelve  months,  or  by  a  fine  not  exceeding  one  thousand 
dollars. 

Section  162.  Whoever,  haviug  management  of  or 
control  over  a  railroad  train  Avhile  being  used  for  the  com- 
mon carriage  of  persons,  is  guilty  of  gross  carelessness  or 
neglect  in  or  in  relation  to  the  management  or  control 
thereof,  shall  forfeit  a  sum  not  exceeding  five  thousand 
dollars,  or  be  imprisoned  not  more  than  three  years. 

Section  163.  If  by  reason  of  the  negligence  or  care- 
lessness of  a  railroad  corporation,  or  of  the  unfitness  or 
o^ross  neo^lio-ence  or  carelessness  of  its  servants  or  aijents 
while  engaged  in  its  business,  the  life  of  any  person  being 
a  passenger  is  lost ;  or  the  life  of  any  person  being  in  the 
exercise  of  due  diligence,  and  not  being  a  passenger  or  in 
the  employment  of  such  corporation,  is  lost;  in  either 
case,  the  corporation  shall  be  punished  by  a  fine  not  ex- 


1874.— Chapter  372.  397 

ceeding  five  thousand  nor  less  than  five  hundred  dollars, 
to  be  recovered  by  indictment  and  paid  to  the  executor  or 
administrator  for  the  use  of  the  widow  and  children  of  the 
deceased  in  equal  moieties,  but  if  there  are  no  children  to 
the  use  of  the  widow,  or  if  no  widow  to  the  use  of  the 
next  of  kin  :  jj^ovided,  that  the  corporation  shall  not  be  so 
liable  for  the  loss  of  life  by  any  person  while  walking  or 
being  upon  its  road  contrary  to  laAV  or  the  reasonable  rules 
and  regulations  of  the  corporation.  Indictments  against  a 
corporation  for  loss  of  life  shall  be  prosecuted  within  one 
year  from  the  injury  causing  the  death. 

Section  164.  If  a  person  is  injured  in  his  person  or  Liability  for 
property  by  collision  with  the  engines  or  cars  of  a  railroad  of"comslo"n,Tc! 
corporation  at  a  crossing,  such  as  is  described  in  section 
one  hundred  and  twenty-three,  and  it  appears  that  the 
corporation  neglected  to  give  the  signals  required  by  said 
section,  and  that  such  neglect  contributed  to  the  injury, 
the  corporation  shall  be  liable  for  all  damages  caused  by 
the  collision,  or  to  a  fine  recoverable  by  indictment,  as 
provided  in  the  preceding  section,  unless  it  is  shown  that, 
in  addition  to  a  mere  want  of  ordinary  care,  the  person 
injured,  or  the  person  having  charge  of  his  person  or 
property,  was,  at  the  time  of  the  collision,  guilty  of  gross 
or  wilful  negligence,  or  was  acting  in  violation  of  the  law ; 
and  that  such  gross  or  wilful  negligence  or  unlawful  act 
contributed  to  the  injury. 

11.   Connecting  Railroads. 
Section  165.     ~\Yhen  any  railroad  constructed  since  the  connecting  laii- 
eighth  day  of  April  in  the  year  one  thousand  eight  hun-  upon*an'7usf*^ 
dred  and  seventy-two,  meets  another  railroad  terminating  roads?'^^^'^'^ 
in  the  same  city  or  town,  or  lawfully  crosses  another  rail- 
road at  the  same  level  therewith,  the  corporation  by  which 
either  of  said  railroads  is  owned  may  enter  its  road  upon, 
unite  the  same  with  and  use  the  road  of  the  other ;  and 
whenever  any  railroad  corporation  whose  road  was  con- 
structed prior  to  said  eighth  day  of  April,  has  been  or  may 
be  specially  authorized  to  enter  its  road  upon,  unite  the 
same  with  and  use  the  railroad  of  another  corporation,  each 
of  the  corporations  whose  roads  thus  connect  may  enter 
upon,  unite  its  road  with,  and  use  the  road  of  the  other ; 
but  no  locomotive  engine  or  other  motive  power  shall  be 
allowed  to  run  upon  a  railroad  except  such  as  is  owned 
and   controlled   by  the    corporation   owning   or   lawfully 


398  1874.— Chapter  372. 

operating  the  road,  or  with  the  consent  of  such  corpora- 
tion. 
coirpensation        Section  166.     When  two  corporatioHS  are  authorized 
cars,  &c.  as  in  the  preceding  section,  each  to  enter  with  its  road 

ujDon,  unite  the  same  with  and  use  the  road  of  the  other, 
each  of  them  shall  at  reasonable  times  and  for  a  reasonable 
compensation  draw  over  its  road  the  passengers,  merchan- 
dise and  cars  of  the  other,  and  each  of  them  shall  for  a 
reasonable  compensation  provide  upon  its  road  convenient 
and  suitable  depot  accommodations  for  the  passengers  and 
merchandise  of  the  other  road  passing  to  and  over  it,  and 
shall  receive  and  deliver  the  same  in  the  manner  it  receives 
and  delivers  its  own  passengers  and  freight. 
If  agreement  is        SECTION  167.     If  the  corooratious  cannot  ao-ree  upon 

not  made,  rail-  .     .      -,  •     t         j        i  •    i        i  n  n   i         t 

road  commis-     thc  statcd  pcriods  at  which  the  cars  oi  one  shall  be  drawn 

sioners  to  deter-  .-,  .-,  lii  i-ji  -tji  /» 

mine  rates,  &c.  ovcr  the  othcr,  and  the  compensation  to  be  paid  thereior, 
or  cannot  agree  upon  the  terms  and  conditions  upon  which 
accommodations  shall  be  furnished  for  the  passengers  and 
merchandise  of  the  other,  or  if  two  corporations  operating 
roads  of  different  gauges  cannot  agree  as  to  the  requisite 
terminal  accommodation,  or  as  to  the  manner  in  which 
freight  and  passengers  shall  be  transferred  from  one  road 
to  the  other  and  forwarded,  the  board  of  railroad  commis- 
sioners, upon  the  petition  of  either  party  and  notice  to  the 
other,  shall  hear  the  parties,  and  shall  in  each  case  deter- 
mine (having  reference  to  the  convenience  and  interest  of 
the  corporations  and  of  the  public  to  be  accommodated 
thereby),  the  stated  periods  for  drawing  cars,  and  com- 
pensation therefor,  or  the  terms  and  conditions  for  passen- 
gers and  merchandise,  or  the  requisite  terminal  accommo- 
dations and  manner  of  transferring  passengers  and  freight 
as  aforesaid  ;  and  upon  the  application  of  either  party  shall 
determine  all  questions  between  the  parties  in  relation  to 
the  transportation  of  freight  and  passengers  and  other 
business  upon  and  connected  with  said  roads  in  which  they 
are  jointly  interested,  and  the  manner  in  which  the  busi- 
ness shall  be  done,  and  apportion  to  the  corporations  their 
respective  shares  of  the  expenses,  receipts,  and  income  of 
the  same ;  and  the  award  of  the  commissioners  or  a  major 
part  of  them,  shall  be  binding  upon  the  respective  corpora- 
tions interested  therein,  for  one  year  or  until  the  commis- 
sioners shall  revise  and  alter  the  same.  The  comiDensation 
of  the  commissioners  for  services  and  expenses  under  this 
section,  shall  be  paid  by  the  respective  corporations  in 


1874.— Chapter  372.   ,  399 

such  proportions  as  the  commissioners  shall  determine  and 
set  forth  as  part  of  their  award :  provided,  hoicever,  that 
any  award  made  in  pursuance  of  this  section  shall,  on  the 
request  in  writing  of  any  party  afl'ected  thereby,  filed 
within  thirty  days  of  the  rendering  of  such  award,  be 
returnable  into  the  supreme  judicial  court,  and  shall  be 
there  subject  to  revision  in  the  same  manner  as  if  the  said 
commissioners  had  derived  their  power  to  act  in  the 
premises  under  the  appointment  of  said  court. 

Sectiox   168.      Railroad  corporations   created   by  the  Connecting 
laws  of  other  states  shall  have  all  the  rights  and  privileges  by^odier Ttoufs. 
as  regards  connecting  roads,  under  the  three  preceding 
sections,  of  corporations  created  by  this  state. 

Section  169.     Any  railroad  corporation  chartered  by  ?°^?g''^^f^'*^ 
the  concurrent  legislation  of  this  and  other  states  shall,  as  other  states. 
regards  any  portion  of  its  road  lying  within  this  state,  be 
entitled  to  all  the  benefits  and  be  subject  to  all  the  liabili- 
ties of  the  railroad  corporations  of  this  state. 

Section  170.     Two  railroad    corporations   created  by  connecting 

,  .  ,  ,  ■*■  J.       -j^i  1     roads  may  con- 

this  state,  whose  roads  enter  upon  or  connect  with  each  tract  that  one 
other,  may  contract  that  either  corporation  shall  perform  formaii^trrnL" 
all  the  transportation  of  persons  and  freight  upon  and  over  ^e'^othe?/°'^ 
the  road  of  the  other ;  and  any  railroad  corporation  created 
by  this  state  may  lease  its  road  to  any  other  railroad  cor- 
poration so  created,  with  whose  road  it  connects  or  which 
it  intersects,  upon  such  terms  as  the  directors  may  agree 
and  as  may  be  approved  by  a  majority  in  interest  of  both 
corporations  at  meetings  called  for  the  purpose  ;  and  copies 
of  such  contracts  or  leases  shall  be  deposited  with  the 
board  of  railroad  commissioners,  and  full  statements  of  the 
facts  shall  be  set  forth  in  the  next  annual  return  of  such 
corporations  or  either  of  them  :  provided,  that  the  facilities 
for  travel  and  business  on  either  of  the  roads  of  the  said 
corporations  shall  not  be  diminished  ;  sl\i(\. provided,  further, 
that  the  income  arising  from  such  contracts  or  leases  shall 
be  subject  to  the  provisions  of  law  in  regard  to  the  right 
of  the  state  to  purchase  the  roads  or  reduce  their  tolls,  in 
the  same  manner  as  that  arising  from  the  use  of  the  roads. 
This  section  shall  not  authorize  any  lease  or  contract  be- 
tween any  two  railroad  corporations  each  of  which  has  a 
terminus  in  the  city  of  Boston. 


400  1874.— Chaptee  372. 


IV.     Annual   Retuens. 

Books  to  be^  Section  171.     Every  railroad  corporation  sliall  at  nil 

spectionofcom-  times  subiiiit  Its  books  to  the  inspection  of  the  board  of 
lature  and'rom-  railroad  commissioners,  or  of  any  committee  of  the  legisla- 
missioners.  ^^^^.^  anthorizcd  to  inspect  them  ;  and  its  directors  shall 
Annual  returns,  annually,  on  or  before  the  first  Wednesday  of  November, 
prepare,  make  oath  to  and  transmit  to  the  board  of  railroad 
commissioners  a  report  of  their  doings  for  the  year  ending 
on  the  thirtieth  day  of  September  preceding,  to  be  called 
the  annual  return.  Such  report  shall  state  whether  any 
fatal  accident  or  serious  injury  has  occurred  to  a  passenger 
or  other  person  upon  the  road  during  the  year,  and  if  so, 
the  cause  of  such  accident  or  injury  and  the  circumstances 
under  which  it  occurred ;  it  shall  set  forth  copies  of  all 
contracts  or  leases,  if  any,  made  with  other  railroad  cor- 
porations during  the  year,  and  specify  the  receipts  and 
expenditures  under  the  same  ;  and  shall  include  a  detailed 
statement  of  all  particulars  respecting  the  railroad,  its 
business,  receipts  and  expenditures  during  the  year,  in 
such  form  as  shall  be  from  time  to  time  prescribed  by  the 
board  of  railroad  commissioners  agreeably  to  section 
fifteen ;  and  the  books  of  the  corporation  shall  be  so  kept 
that  returns  may  be  made  in  exact  conformity  with  the 
form  thus  prescribed,  and  the  accounts  closed  on  the 
thirtieth  day  of  September  in  each  year,  so  that  a  balance 
sheet  of  that  date  can  be  taken  therefrom  and  included  in 
the  return. 
Fee  of  $20  to  be      Section  172.     At  the  time  of  making  the  annual  return, 

paid  to  treasurer  'ii-ji  t  j-  ji  m  i 

of  Common-       as  providcd  in  the  preceding  section,  the  railroad  corpora- 
^^^    ■  tion  shall  pay  to  the  treasurer  of  the  Commonwealth  the 

sum  of  twenty  dollars,  which  shall  be  appropriated  to  the 
payment  of  the  expenses  incurred   in   the   printing   and 
binding  of  the  returns  of  the  several  railroad  corporations, 
under  the  provisions  of  section  sixteen. 
Corporation  Section  173.      Evcrv  railroad  corporation  which  has 

road  to  make  Icascd  the  I'ailroad  of  any  other  corporation  shall,  during 
ofiesTorf'^'^"^*  the  continuance  of  such  lease,  make  all  the  returns  required 
of  the  lessor,  and  shall  pay  the  sum  required  by  the  pre- 
ceding section ;  and  during  the  continuance  of  such  lease 
the  said  lessor  shall  not  be  required  to  make  such  returns 
or  payment :  provided,  that  when  requested  by  the  lessee 
the  lessor  shall  furnish  all  the  information  in  its  possession 
needed  to  make  such  returns ;  and  provided,  further,  that 


1874.— Chapter  372.  401 

in  case  a  railroad  in  this  Commonwealth  is  leased  to  a  cor- 
poration or  party  in  another  state,  the  duty  of  making  the 
annual  return  and  payment  shall  remain  with  the  lessors  in 
this  state. 

Sectiox  174.  Every  railroad  corporation  nefflectinor  to  Penalty  forneg- 
make  the  annual  return  within  the  time  prescribed  in  sec-  annual  return. 
tion  one  hundred  and  seventy-one,  or  to  make  the  pay- 
ment within  the  time  prescribed  in  section  one  hundred 
and  seventy-two,  or  to  supply  defects  and  omissions  within 
fifteen  days,  when  pointed  out  by  the  board  of  railroad 
commissioners,  as  provided  in  section  fifteen,  shall  forfeit, 
in  each  case,  fifty  dollars  for  each  day's  neglect,  to  be 
recovered  by  the  treasurer ;  and  if  any  corporation  un- 
reasonably refuses  or  neglects  to  make  a  report  or  return 
as  prescribed  by  section  one  hundred  and  seventy-one,  it 
shall  forfeit  for  every  such  refusal  or  neglect  a  sum  not 
exceeding  five  thousand  dollars. 

V.     Railroad   Tracks    for   Private   Use. 

Section  175.     Any  person  or  corporation  may  construct  Raihoad  tracks 
a  railroad  track  for  private  use  in  the  transportation  of  ""^  '^'^'^^ 
freight,  subject  to  the  provisions  of  the  following  section  : 
provided,  that  nothing  herein  contained  shall  be  construed 
to  authorize  the  taking  or  use  of  lands  or  other  property 
without  the  consent  of  the  owner  thereof. 

Section  176.  No  such  track  shall  be  connected  with  Nottobecou- 
the  tracks  of  a  railroad  corporation  without  the  consent  of  irLks  of  corpo- 
such  corporation  ;  and  no  such  track  shall  be  constructed  cons^nt!^*°"* 
across  or  upon  a  highway,  town  way  or  travelled  place, 
except  with  the  consent  of  the  mayor  and  aldermen  or 
selectmen  of  the  city  or  town,  and  in  a  place  and  manner 
approved  by  them.  If  said  mayor  and  aldermen  or  select- 
men consent,  they  shall  make  from  time  to  time  such  regu- 
lations in  regard  to  the  motive  power  to  be  employed,  the 
rate  of  speed  to  be  run,  and  time  and  manner  of  using  the 
track  over  and  upon  such  w^ay  or  travelled  place,  as  in 
their  judgment  the  public  safety  and  convenience  require, 
and  they  may  order  such  changes  to  be  made  in  the  track 
as  are  rendered  necessary  by  the  alteration  or  repair  of 
such  way.  If  they  allow  steam  power  to  be  used  on  such 
track,  the  provisions  of  this  act  relating  to  the  crossing  of 
ways  and  travelled  places  by  railroad  corporations  shall 
apply  to  such  track  and  the  person  or  corporation  by 
whom  the  same  was  constructed. 

51 


402 


1874.— Chaptee  372. 


Penalties  on 
directors. 


Rights  of  the 
Commonwealth 
not  impaired. 


Rates  of  fare, 
&c.,  may  be 
established  by 
corporation. 


VI.     Concluding    Sections. 

Section  177.  If  any  railroad  corporation  assumes 
without  authority  of  the  legislature,  to  increase  its  capital 
stock  beyond  the  maximum  fixed  in  its  act  of  incorpora- 
tion or  in  conformity  with  the  provisions  of  this  act,  or  to 
declare  any  stock  dividend  or  divide  the  proceeds  of  the 
sale  of  stock  among  its  stockholders,  or  issue  certificates 
of  stock  to  any  person  whatever  (when  the  par  value  of 
the  shares  so  issued  is  not  first  paid  in  cash  to  the  treas- 
urer of  said  corporation) ,  all  certificates  of  stock  so  issued 
shall  be  void ,  and  the  directors  of  any  railroad  corporation 
issuing  the  same  shall  be  liable  to  a  penalty  of  one  thou- 
sand dollars  each,  to  be  recovered  by  indictment  in  any 
count}''  where  any  of  said  directors  reside  :  provided^  that 
if  any  such  director  shall  prove  that  previous  to  such  issue 
he  filed  his  dissent  in  writing  thereto  with  the  clerk  of  said 
corporation,  or  was  absent,  and  at  no  time  voted  therefor, 
he  shall  not  be  liable  for  the  same.  And  if  au}^  railroad 
corporation  owning  a  railroad  in  this  Commonwealth  and 
consolidated  with  a  corporation  in  another  state  owning  a 
railroad  therein,  increases  its  capital  stock  or  the  capital 
stock  of  such  consolidated  corporation,  except  as  author- 
ized by  this  act,  without  authority  of  the  legislature  of  this 
Commonwealth,  or  without  such  authority  extends  its  line 
of  road,  or  consolidates  with  any  other  corporation,  or 
makes  a  stock  dividend,  the  charter  and  franchise  of  such 
corporation  shall  be  subject  to  be  forfeited  and  become 
null  and  void. 

Section  178.  Nothing  in  this  act  contained  shall  be 
construed  to  impair  the  rights  of  the  Commonwealth  as 
asserted  or  reserved  in  previous  acts.  The  provisions  of 
this  act,  and  the  franchises,  rights,  powers,  privileges, 
duties  and  liabilities  of  railroad  corporations  established 
under  this  or  any  other  general  act,  may  be  altered, 
amended  or  repealed,  and  the  legislature  may  annul  or 
dissolve  any  such  corporation. 

Section  179.  Any  railroad  corporation  may  establish 
for  its  sole  benefit  fares,  tolls  and  charges  upon  all  passen- 
gers and  property,  conveyed  or  transported  on  its  railroad, 
at  such  rates  as  may  be  determined  by  the  directors  there- 
of, and  may  from  time  to  time  by  its  directors  regulate  the 
use  of  its  road  :  provided,  that  such  rates  of  fares,  tolls 
and  charges,  and  regulations,  shall  at  all  times  be  subject 


1874.— Chapter  372.  403 

to  revision  and  alteration  by  the  legislature,  or  such  officers 
or  persons  as  the  legislature  may  appoint  for  the  purpose 
anything  in  the  charter  of  any  such  railroad  corporation  to 
the  contrary  notwithstanding. 

Section  180.     The  Commonwealth  may  at  any  time  commonwealth 
during  the  continuance  of  the  charter  of  any  railroad  cor-  road  after  expi- 
poration,  after  the  expiration  of  twenty  years  from  the  years!  °  '^'^'^^^ 
opening  of  its  road  for  use,  purchase  of  the  corporation  its 
road  and  all  its  franchise,  property,  rights  and  privileges, 
by  paying  therefor  such  sum  as   will  reimburse   it   the 
amount  of  capital  paid  in,  with  a  net  profit  thereon  of  ten 
per  cent,  a  year  from  the  time  of  the  payment  thereof  by 
the  stockholders  to  the  time  of  the  purchase. 

Section  181.     The  Commonwealth   may  at  any  time  May  take  road 

.    •,  ^  .-,  Tp  !•  iji  j_pat  Hny  time  after 

take  and  possess  the  road,  iranchise  and  other  property  oi  giving  one 
any  railroad  corporation  after  giving  one  year's  notice  in  ^®'*''^  ""*'°^* 
writing  to  such  railroad  corporation,  and  paying  therefor 
such  compensation  as  may  be  awarded  by  three  commis- 
sioners, who  shall  be  appointed  by  the  supreme  judicial 
court,  and  shall  be  duly  sworn  to  appraise  the  same  justly 
and  fairly ;  said  commissioners  shall  estimate  and  deter- 
mine all  damages  sustained  by  any  such  railroad  corpora- 
tion by  such  taking  of  the  road,  franchise  and  other  prop- 
erty thereof,  and  any  such  corporation  aggrieved  by  the 
determination  of  said  commissioners,  may  have  its  dam- 
ages assessed  by  a  jury  of  the  superior  court  in  the  county 
of  Sufiblk,  in  the  same  manner  as  is  provided  by  law  with 
respect  to  damages  sustained  by  reason  of  the  laying  out 
of  ways  in  the  city  of  Boston. 

Section  182.  Sections  one  to  twelve  inclusive,  sec-  Repeal. 
tions  seventeen  to  one  hundred  and  twenty-three  inclusive, 
and  sections  one  hundred  and  thirty-two  to  one  hundred 
and  thirty-seven,  inclusive,  of  chapter  sixty-three  of  the 
General  Statutes ;  and  the  acts  named  in  the  following 
schedule,  are  hereby  repealed. 

SCHEDULE. 

Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty.  List  of  acta 

Chapter  201.    An  act  concerning  railroads.  repealed. 

One  Thousand  Eight  Hundred  and  Sixty-one. 

Chapter  100.    An  act  defining  the  rights  of  owners  or  occupants  of  lands  adjoining  rail- 
roads. 

One  Thousand  Eight  Hundred  and  Sixty-two. 

Chapter    81.    An  act  authorizing  the  sounding  of  locomotive  whistles. 
Chapter  103.     An  act  concerning  damages  for  land  taken  by  railroad  coi^porations. 
Chapter  123.    An  act  concerning  private  railroad  crossings. 
Chapter  135.    An  act  concerning  railroad  returns  and  reports. 


404 


1874.— Chapter  372. 


One  Thousand  Eight  Hundred  and  Sixty-three. 

Chapter  131.     An  act  relating  to  drawbridges  in  railroads. 
Chapter  212.     An  act  requiring  railroad  corporations  to  hold  annual  meetings. 
Chapter  219,  §  2.    Section  two  of  an  act  concerning  public  reports  and  documents. 
Chapter  224.     An  act  relating  to  the  returns  and  reports  of  railroad  corporations. 

One  Thousand  Eight  Hundred  and  Sixty-four. 
Chapter  167.     An  act  to  amend  an  act  concerning  railroad  returns  and  reports. 

One  Thousand  Eight  Hundred  and  Sixty-five. 

Chapter  175.    An  act  concerning  railroad  corporations. 
Chapter  239.     An  act  concerning  railroad  crossings  at  grade. 

One  Thousand  Eight  Hundred  and  Sixty-seven, 

Chapter  127.    An  act  relating  to  leased  railroads. 

Chapter  298.    An  act  relating  to  the  leasing  of  railroads  and  contracts  concerning  the 

operating  of  the  same. 
Chapter  339.    An  act  concerning  railroads. 

One  Thousand  Eight  Hundred  and  Sixty-eight. 

Chapter  106.  An  act  relating  to  the  place  of  holding  the  annual  meetings  of  railroad 
corporations. 

Chapter  847.  An  act  to  authorize  railroad  corporations  to  subscribe  to  the  capital  stock 
of  steainship  corporations  duly  chartered  by  the  laws  of  this  Common- 
wealth. 

One  Thousand  Eight  Hundred  and  Sixty-xiin.e. 

Chapter    50.     An  act  authorizing  directors  of  railroad  corporations  to  choose  one  of 

their  number  vice-president,  with  a  salary. 
Chapter  131.    An  act  to  authorize  railroad  corporations  to  issue  registered  bonds. 
Chapter  308.     An  act  concerning  railroad  bridges  and  bridge-guards. 
Chapter  344,  §3.  Section  three  of  an  act  for  the  more  effectual  prevention  of  cruelty  to 

animals. 
Chapter  408.    An  act  to  establish  a  board  of  railroad  commissioners,  with  the  exception 

of  section  five. 
Chapter  419.    An  act  to  amend  the  form  of  returns  recjuired  of  railroad  corporations 

other  than  street  railways. 
Chapter  426.    An  act  to  provide  for  the  better  protection  of  persons  and  property  upon 

railroads. 

One  Thousand  Eight  Hundred  and  Seventy. 

Chapter  276.    An  act  to  amend  an  act  concerning  railroad  bridges  and  bridge-guards. 
Chapter  307.    An  act  concerning  the  returns  of  railroad  corporations,  and  for  other 

purposes. 
Chapter  325.     An  act  concerning  railroad  corporations. 


One  Thousand  Eight  Hundred  and  Seventy-one. 

Chapter      7.    An  act  requiring  railroad  trains  to  be  equipped  with  tools. 

Chapter    24.     An  act  requiring  safety  switches  in  railroads. 

Chapter    83.    An  act  to  prevent  the  obstruction  of  highways  by  railroad  corporations. 

Chapter  143.    An  act  to  authorize  special  contracts  for  the  transportation  of  passengers 

on  designated  trains  upon  railroads. 
Chapter  232.     An  act  to  authorize  the  construction  of  railroad  tracks  for  private  use  iu 

the  transportation  of  freight. 
Chapter  316.    An  act  in  addition  to  an  act  to  prevent  the  obstruction  of  highways  by 

railroad  corporations. 
Chapter  331.    An  act  to  provide  for  a  railroad  police,  and  for  the  better  protection  of 

passengers  upon  railroad  trains  and  at  railroad  stations. 
Chapter  333.    An  act  requiring  railroad  corporations  to  have  an  adequate  capital  stock 

before  beginning  to  build  their  roads. 
Chapter  352.    An  act  for  the  better  protection  of  travellers  at  railroad  crossings. 
Chapter  363.    An  act  to  regulate  freight  charges  on  railroads. 

Chapter  384.     An  act  to  authorize  railroad  corporations  to  guarantee  the  bonds  of  con- 
necting railroads. 
Chapter  389.     An  act  concerning  railroad  corporations  whose  roads  extend  beyond  the 

limits  of  the  State. 
Chapter  392.     An  act  in  addition  to  an  act  relating  to  the  increase  of  capital  stock  by 

corporations. 


1874.— Chapter  372.  405 

One  Thousand  Eight  Hundred  and  Seventy-two. 

Chapter    53.    An  act  to  authorize  the  formation  of  railroad  corporations. 

Chapter  162.  An  act  to  authorize  the  re-location  of  passenger  stations  and  freight  depots 
hy  railroad  corporations. 

Chapter  180.  An  act  to  pro\'ide  for  the  leasing  and  location  of  railroads  and  for  the  con- 
nection of  railroads  of  different  gauges,  and  the  guaranteeing  of  bonds 
by  railroad  corporations. 

Chapter  191.  An  act  in  relation  to  sign-boards  at  grade  crossings  of  railroads  and  high- 
ways. 

Chapter  2C3.    An  act  concerning  the  crossing  of  railroads  by  highways  and  town  ways. 

Chapter  276.     An  act  to  regulate  the  lighting  of  railroad  passenger  cars. 

Chapter  288.  An  act  to  fix  the  number  of  printed  copies  of  the  annual  report  of  the 
railroad  commissioners. 

Chapter  308.  An  act  in  relation  to  the  giving  of  receipts  for  freight  by  railroad  corpo- 
rations. 

Chapter  313.     An  act  in  addition  to  an  act  regulating  railroad  crossings  at  gi-ade. 

One  Thousand  Eight  Hundred  and  Seventy-three. 

Chapter    98.     An  act  concerning  accidents  on  railroads. 

Chapter  121.  An  act  to  amend  chapter  fifty-three  of  the  acts  of  eighteen  hundred  and 
seventy-two  entitled  "An  act  to  authorize  the  formation  of  railroad 
corporations." 

Chapter  194.  An  act  relating  to  the  annual  returns  of  railroad  and  street  railway  corpo- 
rations. 

Chapter  240.     An  act  in  addition  to  an  act  to  regulate  freight  charges  on  railroads. 

Chapter  361.  An  act  in  relation  to  connecting  railroads;  and  section  four  of  chajiter 
three  hundred  and  forty-six  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-three. 

Chapter377,  §6.  Section  six  of  an  act  relating  to  the  salaries  of  certain  state  officers  and 
employes. 

One  Thousand  Eight  Hundred  and  Seventy-four. 

Cliapter    70.    An  act  concerning  the  breaking  and  entering  of  railroad  cars. 

Chapter  122.     An  act  extending  the  equity  powers  of  the  supreme  judicial  court. 

Chapter  223.     An  act  in  relation  to  the  opening  of  railroads  for  public  use. 

Chapter  226.     An  act  in  relation  to  bridge-guards  on  railroads. 

Chapter  251.  An  act  to  authorize  towns  and  cities  to  subscribe  for  and  hold  stock  in 
railroad  corporations. 

Chapter  292.  An  act  in  relation  to  the  uniform  of  certain  employes  of  railroad  corpo- 
rations. 

Chapter  298.  An  act  in  addition  to  an  act  to  authorize  the  formation  of  railroad  corpo- 
rations. 

Chapter  305.  An  act  to  amend  chapter  two  hundred  and  sixty-two  of  the  acts  of  eighteen 
hundred  and  seventy-two,  entitled  "  An  act  concerning  the  crossing  of 
railroads  by  highways  and  town  ways." 

Chapter  323.  An  act  in  relation  to  the  place  of  holdjiug  the  annual  meetings  of  railroad 
corporations. 

Chapter  351.  An  act  to  authorize  and  regulate  the  building  of  branches  and  extensions 
by  railroad  corporations. 

Cliapter  362.    An  act  relating  to  application  for  damages  to  private  ways  bj-  railroads. 

Chapter  355.  An  act  to  amend  section  nineteen  of  the  sixty-third  chapter  of  the  General 
Statute*  relating  to  the  taking  of  lands  by  railroad  companies. 

Sectiox  183.     The   repeal   of   certain  sections  of  the  Repeal  not  to 
General  Statutes  and  of  certain  acts,  as  provided  in  the  bt^'^ofore^**^ 
preceding  section  hereof,  shall  not  revive  any  law  hereto-  repealed,  &c. 
fore    repealed    or    superseded,  nor   any  office    heretofore 
abolished ;  it  shall  not  affect  any  act  done,  or  an}^  right 
accruing,  accrued  or  established,  or  any  proceedings,  do- 
ings or  acts  ratified  or  contirnied,  or  any  suit  or  proceed- 
ing had  or  commenced  before  the  repeal  takes  effect,  but 
the  proceedings  therein  shall,  when  necessary,  conform  to 
the  provisions  of  this  act ;  it  shall  not  affect  any  penalty 
or  forfeiture  incurred  before  it  takes  effect,  under  any  of 
the  laws  *repealed,  except  that  where  a  punishment,  pen- 
alty or  forfeiture  is  mitigated  by  the  provisions  of  this 


406  1874.— Chapter  373. 

act,  such  provisions  may  be  extended  and  applied  to  any 
judgment  pronounced  after  said  repeal ;  it  shall  not  affect 
any  suit  or  prosecution  pending  at  the  time  of  the  repeal 
for  an  offence  committed,  or  for  the  recovery  of  a  penalty 
or  forfeiture  incurred  under  any  of  the  acts  repealed,  ex- 
cept that  the  proceeding  therein  shall,  when  necessar}'', 
conform  to  the  provisions  of  this  act ;  and  when  a  limita- 
tion or  period  of  time  prescribed  in  any  of  the  acts  re- 
pealed, for  acquiring  a  right  or  barring  a  remedy,  or  any 
other  purpose,  has  j^egun  to  run,  and  the  same  or  similar 
limitation  is  prescribed  in  this  act,  the  time  of  limitation 
shall  continue  to  run,  and  shall  have  like  effect  as  if  the 
whole  period  had  begun  aud  ended  under  the  operation  of 
this  act.  All  persons  who  at  the  time  when  said  repeal 
takes  effect  hold  any  office  under  any  of  the  acts  repealed, 
shall  continue  to  hold  the  same  according  to  the  tenure 
thereof,  except  those  offices  which  have  been  abolished 
and  those  as  to  which  a  different  provision  has  been  made 
by  the  legislature.  The  provisions  of  this  act,  so  far  as 
they  are  the  same  as  those  of  existing  laws,  shall  be  con- 
strued as  a  continuation  of  such. laws,  and  not  as  new 
enactments,  and  references  in  laws  not  repealed  to  pro- 
visions of  laws  incorporated  into  this  act  and  repealed, 
shall  be  construed  as  applying  to  the  same  provisions  so 
incorporated. 
To  take  effect  SECTION  184.  This  act  shall  take  effect  on  the  first  day 
1875?^**^^  '  of  February,  in  the  year  one  thousand  eight  hundred  and 
seventy-five.  Apjyroved  June  27, 1874. 

Hh      ^7^    An  Act  to  amend  an  act  to  incorporate  the  boston  safe  de- 
^''"    '^*^'  posit  company. 

Be  it  enacted,  &g.,  as  follows  : 
Name  changed.       SECTION  1.     The  corporatc  name  of  the  "Boston  Safe 
Deposit  Company "  is  changed  to  the  "  Boston  Safe  De- 
posit and  Trust  Company." 
May  act  as  Section  2.     Said  Corporation  may  act  as  agent  for  the 

cmmcatee  o^f  "^  purposc  of  Issulug,  registering  or  countersigning  the  cer- 
stock,  &c.         tificates  of  stock,  bonds   or  other  evidences  of  indebted- 
ness of  any  corporation,  association,  municipality,  state 
or  public  authority,  on  such  terms  as  may  be  agreed  upon. 
Courts  may  SECTION  3.     Auv  coui't  of  law  or  of  couity,  including 

order  money  to  t-i  r-  j.i  •         j.  \l  i 

be  deposited       courts  of  probatc  and  insolvency,   ot  tins  state  may,  by 
wu^h  corpora,     (^jg^nj-gg  or  othcrwise,  dlrcct  any  moneys  or  properties  un- 
der its  control,  or  that  may  be  paid  into  court  by  parties 
to  any  legal  proceedings,  or  which  may  be  brought  into 


1874.— Chaptee  373.  407 

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- 
tion shall  not  be  required  to  assume  or  execute  any  trust 
without  its  own  consent.  Said  corporation  shall  also  have 
power  to  receive  and  hold  moneys  or  property  in  trust, 
or  on  deposit  from  executors,  administrators,  assignees, 
guardians,  trustees,  corporations  or  individuals,  upon  such 
terms  and  conditions  as  may  be  obtained  or  agreed  upon ; 
and  such  deposits  or  transfers  of  property  in  trust,  when 
so  made  by  such  courts  or  persons,  shall  be  taken  to  be  a 
lawful  investment  and  disposition  thereof. 

Section  4.  All  moneys  or  properties  received  under  investment  of 
the  third  section  of  this  act,  unless  by  the  terms  of  the  depo^slted."^ 
trust  some  other  mode  of  investment  is  prescribed,  to- 
gether with  the  capital  of  the  corporation,  shall  be  loaned 
oil  or  invested  only  in  the  authorized  loans  of  the  United 
States  or  of  any  of  the  New  England  states,  or  of  cities 
of  such  states,  or  counties  or  towns  of  this  state,  or  stocks 
of  state  or  national  banks  organized  within  this  Common- 
w^ealth,  or  the  first  mortgage  bonds  of  any  railroad  com- 
pany incorporated  by  any  of  the  New  England  states 
which  has  earned  and  paid  regular  dividends  on  its  stock  , 
for  two  years  next  preceding  such  loan  or  investment,  or 
the  bonds  of  any  such  railroad  company  which  is  unin- 
cumbered by  mortgage,  or  first  mortgages  on  real  estate 
within  this  Commonwealth,  or  upon  notes  of  manufac- 
turing corporations  created  under  the  laws  of  this  Com- 
monwealth, with  two  sureties,  or  of  individuals  with  a 
suificient  pledge  of  any  of  the  aforesaid  securities,  or  in 
any  securities  in  which  savings  banks  of  this  state  are 
allowed  to  invest,  or  may  be  loaned  to  the  Commonwealth 
or  to  any  county,  city,  or  town  therein  ;  but  all  real  estate 
acquired  by  foreclosure  of  mortgage,  or  by  levy  of  execu- 
tion, shall  be  sold  at  public  auction  within  two  years  there- 
after. 

Section  5 .  All  money  or  property  held  in  trust  under  to  constitute  a 
the  third  section  shall  constitute  a  special  deposit,  and  the  'P'"'''  ''^p°'"' 
accounts  thereof  shall  be  kept  separate,  and  such  funds, 
and  the  investments  or  loans  of  them,  shall  be  specially 
appropriated  to  the  security  and  payment  of  such  deposits, 
and  not  be  subject  to  any  other  liabilities  of  the  corporation  ; 
and  for  the  purpose  of  securing  the  observance  of  this 


408 


1874.— Chapter  373. 


Corporation  to 
have  on  band 
fifteen  per  cent. 
of  deposits,  pay- 
able on  demand. 


proviso,  said  corporation  shall  have  a  trust  department,  in 
which  all  business  pertaining  to  such  trust  property  shall 
be  kept  separate  and  distinct  from  its  general  business. 

Section  6.  Said  corporation  shall  at  all  times  have  on 
hand,  in  lawful  money  of  the  United  States,  as  a  reserve, 
an  amount  equal  to  hfteen  per  centum  of  all  deposits  pay- 
al)le  on  demand,  or  within  ten  days ;  and  when  said  re- 
serve shall  be  below  such  per  centum  of  such  deposits, 
said  company  shall  not  make  new  loans  nor  make  any 
dividend  of  its  profits  until  the  required  proportion  be- 
tween the  aggregate  amount  of  its  deposits  and  its  reserve 
shall  b^  restored  :  provided,  that  clearing-house  certificates 
representing  specie  or  lawful  money,  specially  deposited 
for  the  purpose,  of  any  clearing-house  association,  of 
which  said  corporation  may  be  a  member,  may  be  reck- 
oned as  a  part  of  said  reserve  :  provided,  further,  that 
one-third  of  said  fifteen  per  centum  may  consist  of  bal- 
ances due  and  payable  on  demand  from  any  national  bank 
in  this  Commonwealth  which  has  been  approved  l^y  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 
said  corporation. 
To  make  semi-  ,  SECTION  7.  Said  corporatiou  shall  semi-annually  make 
commislioner  o°f  a  rcturu  to  thc  commissiouer  of  savings  banks  in  this 
savings  banks.  Commonwealth,  on  the  second  ]\Iondays  of  May  and  No- 
vember, and  at  two  other  times  during  the  year  when 
said  commissioner  shall  from  time  to  time  by  written 
notice  direct  the  same  to  be  made,  which  shall  be  signed 
and  sworn  to  by  a  majority  of  its  board  of  directors  ;  and 
Returfu  said  rctum  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, 
trust  funds  or  for  pur^Doses  of  investment ;  number  of 
depositors ;  investments  in  authorized  loans  of  the  United 
States  or  of  any  of  the  New  England  states,  or  cities  or 
counties  or  towns,  stating  amount  in  each;  invested  in 
bank  stock,  stating  amount  in  each ;  invested  in  raih'oad 
stock,  stating  amount  in  each ;  invested  in  railroad  bonds, 
stating  amount  in  each  ;  loans  on  notes  of  corporations ; 
loans  on  notes  of  individuals  ;  loans  on  mortgage  of  real 
estate ;  cash  on  hand,  all  as  existing  at  date  of  making 
such  return,  with  the  rate,  amount  and  date  of  dividends 
since  last  return ;  and  the  commissioner  of  savings  banks 


1874.— Chaptee  373.  409 

shall  have  access  to  the  vaults,  books  and  papers  of  the 
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 
such  corporation  were  a  savings  bank,  subject  to  all  the 
laws  which  now  are  or  hereafter  may  be  in  force  relating 
to  such  institutions  in  this  regard.  An  abstract  of  each  Abstiact  to  be 
such  report,  showing  the  resources  and  liabilities  of  the  ^^ 
corporation,  in  a  form  to  be  approved  by  said  commis- 
sioner, shall  be  published  in  a  newspaper  published  in  the 
city  of  Boston  to  be  designated  by  said  commissioner,  at 
the  expense  of  said  corporation. 

Section  8.     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  9.     Said    corporation  shall  annually  between  to  make  annual 
the  first  and  tenth  days  of  May,  return  to  the  tax  commis-  tax"™ramiss1on- 
sioner  a  true  statement,  attested  by  the  oath  of  the  pres-  proimtyTcrd 
ident,  treasurer  or  actuary  of  the  corporation,  of  all  per-  upon  any  trust, 
sonal  property  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   and  town   in   this   Commonwealth  where  any 
beneficiary  resided  on  said  day,  and  the  aggregate  amount 
of  such  property  then  held  for  all  beneficiaries  resident  in 
each  of  such   cities   and  towns,   and  also  the  aggregate 
amount  held  for  beneficiaries  not  resident  in  this  Common- 
wealth, under  the  pains  and  penalties  provided  in  section 
fourteen  of  chapter  two  hundred  and  eighty-three  of  the 
acts  of  the  year  eighteen  hundred  and  sixty-five,  and  acts 
in  amendment  thereof,  for  corporations  failing  to  make 
the  returns  provided  in  said  act.     Said  corporation  shall  ^"""fi  pay- 

1  />     1        /^  11  ment  to  the 

annually  pay  to  the  treasurer  oi  the  Commonwealth  a  sum  treasurer  of  the 

,  ^'11  i.       i>  J.1        J.  •      •  Commonwealth. 

to  be  ascertained  by  assessment  or  the  tax  commissioner, 
upon  an  amount  equal  to  the  total  value  of  such  property, 
at  the  rate  ascertained  and  determined  by  him,  under  sec- 
tion 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  10.     Said  corporation  shall  also  annually,  be-  Annual  return 
tween  the  first  and  tenth  days  of  May,  return  to  the  tax  posUeTotfinttr. 
commissioner  a  true  statement  verified  by  the  oath  of  the  lll°l ^°'" '°^^''*' 

52 


410 


1874.— Chapter  373. 


Taxes  not  to  be 

assessed  by 
cities  and  towns 
on  such  prop- 
erty or  amounts. 


Taxation  upon 
deposits  liable 
to  withdrawal 
on  demand. 


Shareholders 
individually 
liable,  equally 
and  ratably,  for 
debts  of  corpo- 
ration. 


president  and  treasurer  or  actuary  of  the  corporation  of 
the  amount  of  all  sums  deposited  with  it  on  interest  or  for 
investment,  other  than  those  specified  in  the  ninth  and 
twelfth  sections  of  this  act,  together  with  the  name  of 
every  city  and  town  in  this  Commonwealth  where  any 
beneficiary  owner  resided  on  said  first  day  of  May,  and 
the  aggregate  amount  of  such  deposits  then  held  for  the 
benefit  of  persons  residing  in  each  of  such  cities  and  towns, 
under  a  like  penalty.  Said  corporation  shall  annually  pay 
to  the  treasurer  of  the  Commonwealth  a  sum  to  be  ascer- 
tained by  assessment  of  the  tax  commissioner  upon  an 
amount  equal  to  the  total  value  of  such  deposits  at  three- 
fourths  of  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  11.  No  taxes  shall  be  assessed  in  any  city  or 
town  for  state,  county  or  town  purposes,  upon  or  in  re- 
spect of  any  such  property  held  in  trust  or  any  such 
amounts  deposited  on  interest  or  for  investment  as  are 
specified  in  the  two  preceding  sections  ;  but  such  propor- 
tion of  the  sum  so  paid  by  said  corporation  as  corresponds 
to  the  amount  of  such  property  held  for  beneficiaries  or 
payable  to  persons  resiclent  in  this  Commonwealth,  shall 
be  credited  and  paid  to  the  several  cities  and  towns  where 
it  appears  from  the  returns  or  other  evidence  that  such 
beneficiaries  resided  on  the  first  day  of  May  next  preced- 
ing, according  to  the  aggregate  amount  so  held  for  ben- 
eficiaries and  persons  residing  in  such  cities  and  towns 
respectively  ;  and  in  regard  to  such  sums  so  to  be  assessed 
and  paid  as  aforesaid,  said  corporation  shall  be  subject  to 
sections  eleven,  twelve,  thirteen,  the  last  paragraph  of 
section  fifteen  and  section  seventeen  of  chapter  tAVo  hun- 
dred and  eighty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-five,  and  acts  in  lieu  or  amendment 
thereof,  so  far  as  the  same  are  applicable  thereto. 

Section  12.  Deposits  with  said  corporation  which  can 
be  withdrawn  on  demand  or  within  ten  days  shall  for  pur- 
poses of  taxation  be  deemed  money  in  possession  of  the 
person  to  whom  the  same  is  payable. 

Section  13.  The  shareholders  of  said  corporation  shall 
be  held  individually  litible,  equally  and  ratably,  and  not 
one  for  another,  for  all  contracts,  debts  and  engagements 
of  such  corporation  to  the  extent  of  the  amount  of  their 


1874.— Chapter  374.  411 

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  :  provided,  however,  that  in  case  proceed-  Proviso. 
ings  shall  be  taken  for  winding  up  the  business  of  said 
corporation  by  the  appointment  of  receivers  or  trustees 
under  the  direction  of  the  supreme  judicial  court,  as  is 
provided  by  law,  in  the  case  of  savings  banks,  and  it  shall 
appear  that  there  is  not  a  sufficiency  of  assets  to  discharge 
the  liabilities  of  the  corporation  without  resort  to  the 
liability  herein  imposed  upon  the  shareholders,  a  bill  in 
equity,  as  provided  in  the  forty-second  section  of  said 
act,  shall  be  filed  by  such  receivers  or  trustees.  No  cred- 
itor shall  after  the  appointment  of  such  receivers  or  trus- 
tees, be  allowed  to  file  any  such  bill,  and  such  receivers 
or  trustees  may  be  substituted  as  plaintiffs  in  any  such 
bill  which  is  pending  at  the  time  of  their  appointment,  at 
any  time  before  final  decree. 

Section  14.     Section  two  of  chapter  one  hundred  and  f/^P^o^j"^^^^^' 
fifty- one  of  the  acts   of  the  year  eighteen  hundred  and 
sixty-seven,  entitled  An  Act  to  incorporate  the  Boston 
Safe  Deposit  Company,  and  so  much  of  section  three  of  investment  of 
said   chapter  as  relates  to  the  investment  of  the  capital  '^^^'^^ 
stock  of  said  company,  are  hereby  repealed. 

Sectiox  15.     This  act  shall  take  efiect  whenever  the  when  to  take 
stockholders  of  the  Boston  Safe  Deposit  Company,  at  a 
meeting  duly  called  for  the  purpose,  in  accordance  with 
the  by-laws  of  the  corporation  shall  have  voted  to  accept 
the  same. 

And  thereupon  a  certificate  duly  signed  by  the  pres- 
ident, secretary  and  a  majority  of  the  directors  of  said 
corporation,  stating  that  said  act  has  been  accepted  shall 
be  filed  with  the  secretary  of  state.     Approved  June  27, 1874. 

An   Act  to  authorize  the  city  of  boston  to  appropriate  rij,      ^74. 

MONEY   for   temporary  RELIEF   OF  THE  POOR.  O  4  tt. 

Be  it  enacted,  t&c,  as  follows: 

Section  1 .     The  city  council  of  the  city  of  Boston  may  Temporary 
appropriate  out  of  any  funds  in  its  treasury  not  otherwise  pom- of  Boston. 
appropriated,  or  raise  by  taxation  and  appropriate,  such 
amounts  as  they  may  by  vote  determine  for  temporary  aid 
to  the  poor ;  the  same  to  be  expended  in  such  manner  as 
they  may  by  vote  determine ;  but  the  amount  thus  appro- 


effect. 


412 


1874.— Chapter  375. 


Ch.   375. 


Associations 
with  intent  to 
constitute  cor- 
porations. 


For  educational, 
charitalile  and 
other  purposes. 


Facts  to  be  set 
forth  in  agree- 
ment of  associ- 
ation. 


j)riated  in  any  one  year  shall  not  exceed  one  fifteen-hun- 
dredth of  one  per  cent,  of  the  valuation  of  said  city  for 
the  current  year ;  and  the  city  council  shall  keep  a  sep- 
arate account  of  all  money  appropriated  under  this  act. 
Section  2.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  June  27,  1874. 

An  Act  concerning   associations  for  religious,  charitable, 
educational  and  other  purposes. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Seven  or  more  persons  within  this  Com- 
monwealth who  shall  have  associated  themselves  together 
by  an  agreement  in  writing,  such  as  is  hereinafter  de- 
scribed with  the  intention  to  constitute  a  corporation  for 
any  of  the  purposes  hereinafter  specified  shall  become  a 
corporation  under  any  name  by  them  assumed  upon  com- 
plying with  the  provisions  of  section  four  of  this  act, 
with  all  powers,  rights  and  privileges  and  subject  to  all 
duties,  limitations  and  restrictions,  conferred  by  general 
laws  upon  corporations,  except  as  is  hereinafter  otherwise 
provided. 

Section  2.  Such  association  may  be  entered  into  for 
any  educational,  charitable,  benevolent  or  religious  pur- 
pose ;  for  the  prosecution  of  any  antiquarian,  historical, 
literary,  scientific,  medical,  artistic,  monumental  or  musi- 
cal purposes ;  for  supporting  any  missionary  enterprise 
having  for  its  object  the  dissemination  of  religious  or  ed- 
ucational instruction  in  foreign  countries,  or  for  promot- 
ing temperance  or  morality  in  this  Commonwealth ;  for 
encouraging  athletic  exercises  and  yachting  ;  for  the  asso- 
ciation and  accommodation  of  societies  of  Freemasons, 
Odd  Fellows,  Knights  of  Pythias  and  other  charitable  or 
social  bodies  of  a  like  character  and  purpose,  and  for  the 
purpose  of  establishing  and  maintaining  places  for  the 
uses  of  readino:-rooms,  libraries  or  for  social  meeting. 

Section  3.  The  agreement  of  association  shall  set 
forth  the  fact  that  the  subscribers  thereto  associate  them- 
selves with  the  intention  to  establish  a  corporation,  the 
name  Ijy  which  the  corporation  shall  be  known,  the  pur- 
pose for  which  the  corporation  is  constituted,  the  towai  or 
city,  which  town  or  city  shall  be  in  this  Commonwealth, 
in  which  it  is  established  or  located,  in  case  it  shall  have  a 
capital  stock  the  amount  of  its  capital  stock  and  the  par 
value  and  number  of  its  shares,  and  such  par  value  may 
be  either  twentjy-five,  fifty  or  one  hundred  dollars. 


1874.— Chapter  375.  413 

Section  4.  Such  corporations  may  meet  for  organiza-  Organization. 
tion,  may  organize,  and  certify  their  organization,  in  the 
same  manner  as  manufacturing  and  other  corporations  are 
authorized  to  do  by  the  ninth,  tenth,  and  eleventh  sections 
of  chapter  two  hundred  and  twenty-four  of  the  acts  of  the 
year  eighteen  hundred  and  seventy,  and  acts  in  amend- 
ment thereof,  and  the  commissioner  of  corporations,  and 
the  secretary  of  the  Commonwealth  shall,  npon  the  pay-  Fee  to  be  paid 

•^  to  socr^ttirv  oi 

ment  of  a  fee  of  five  dollars  to  the  secretary  of  the  Com-  commonwealth. 
monwealth,  do  and  perform  in  respect  to  corporations 
organized  under  this  act,  all  acts  required  of  them  respec- 
tively, in  respect  to  manufacturing  corporations,  by  the 
said  eleventh  section  of  said  act,  and  the  certificate  of 
incorporation  to  be  issued  by  the  secretary  of  the  Com- 
monwealth thereupon  shall  be  in  the  same  form  and  shall 
have  the  same  legal  force  and  effect,  as  the  certificates 
issued  to  manufacturing  and  other  corporations  under  the 
said  eleventh  section  of  said  act,  and  the  acts  in  addition 
thereto. 

Section  5.     Such  corporations  may  assume  any  name  corporate 
not  previously  in  use  by  an  existing  corporation,  which  ^'^ 
shall  indicate  that  it  is  a  corporation  or  company,  and  the 
name  assumed  in  the  agreement  of  association  shall  not  be 
changed,  but  by  act  of  the  legislature. 

Section  6.     Such  corporations  may  prescribe  by  b}'-  By-iaws. 
laws  to  be  adopted  by  them,  the  manner  in  which  and  the 
officers  and  agents  by  whom  the  purpose  of  their  incorpo- 
ration may  be  carried  out. 

Section  7.  Such  corporations  may  hold  real  and  per-  Real  and  per- 
sonal estate,  and  may  lease,  purchase  or  erect  suitable 
buildings  for  their  accommodation,  to  an  amount  not  ex- 
ceeding five  hundred  thousand  dollars,  to  be  devoted  to 
the  purposes  and  objects  set  forth  in  their  agreement  of 
association,  and  they  may  receive  and  hold  in  trust,  or 
otherwise,  funds  received  by  gift  or  bequest  to  be  by 
them  devoted  to  such  purposes. 

Section  8.     The  real  and  personal  estate  of  such  cor-  Estate  not  ex- 
porations  shall  not  be  exempt  from  taxation  in   any  case  ation  if  profits' 
where  part  of  the  income  or  profits  of  their  business  is  amongmem- 
divided   among  members   or  stockholders,   or  where  any  ^'"'^' 
portion  of  such  estate  is  used  or  appropriated  for  other 
than  literary,  educational,  benevolent,   charitable,  scien- 
tific or  religious  purposes. 

Section  9.     Chapter  thirty-two  of  the   General  Stat-  ^,^^^1 186?'276 


41J:  1874.— Chaptee  376. 

utes,  and  chapter  two  hundred  and  seventy-six  of  the  acts 
of  eighteen  hundred  and  sixty-nine,  are  repealed. 

'  Approved  June  27,  1874. 

An  Act  relating  to  elections. 
(Jh.     376.  -^^  *'  enacted,  &c.,  as  folloios  : 

I.     Provisions  in  Amendment  of  Chapter  Six  of  the 
General  Statutes. 

Qualifications  of      SECTION  1.     Evcrv  male  citizen  of  twenty-one  years  of 

voters.  "  11 

age  and  upwards  (except  paupers,  persons  under  guard- 
ianship, and  persons  excluded  by  article  twenty  of  the 
amendments  to  the  constitution),  who  has  resided  in  the 
state  one  year,  and  within  the  city  or  town  in  which  he 
claims  a  right  to  vote  six  months  next  preceding  any  elec- 
tion of  city,  town,  county,  or  state  officers,  or  of  repre- 
sentatives to  congress,  or  electors  of  president  and  vice- 
president,  and  who  has  paid,  by  himself,  his  parent,  mas- 
ter, or  guardian,  a  state  or  county  tax  assessed  upon  him 
in  this  state  within  two  years  next  preceding  such  elec- 
tion, and  every  citizen  exempted  from  taxation  but  other- 
wise qualified,  shall  have  a  right  to  vote  in  all  such  elections ; 
and  no  other  person  shall  have  such  right  to  vote. 
SwVdt^Vote  Section  2.     In  any  election  of  representatives  to  con- 

fer representa-    orress,  no  person    shall  be   allowed  to  vote  for  the  same 

tive  in  Congress,  ''„,  fn,  •!!•  •  it- 

unless  he  has      Until  he  shall   havc  resided  in  the  congressional  district 
trict  six  months,  whcre  he  offcrs  to  vote,  six  months  next  preceding  such 
election,  and  shall  be  otherwise  qualified  according  to  the 
Provisos.  constitution   and    laws :    provided,  that    when    the    state 

shall  be  districted  anew  for  members  of  congress,  he  shall 
have  the  right  so  to  vote  in  the  district  where  he  is  located 
by  such  new  arrangement;  and  provided,  also,  that  no 
voter  residing  in  any  city  which  now  is,  or  hereafter  may 
be,  divided  by  the  line  between  congressional  districts, 
shall  be  deprived  of  his  vote  in  the  district  in  which  he 
was  assessed,  or  liable  to  assessment,  on  the  first  day  of 
May  next  preceding  such  congressional  election,  if  he  be 
otherwise  qualified. 
Collectors  to  Section  3.     The  collectors  of  state  and  county  taxes 

names  ofper-^  ill  cacli  city  aiid  towii  shall  keep  an  accurate  account  of 
state  or^county  the  naiucs  of  all  pcrsous  from  whom  they  receive  pay- 
**^-  ment  of  any  state  or  county  tax,  and  of  the  time  of  such 

To  give  receipt    payment ;  and  upon  request,  shall  deliver  to  the  person 
upon  request,     paying  the  Same  a  receipt  specifying  his  name  and  time  of 
payment ;  and  such  receipts  shall  be  admitted  as  presump- 
tive evidence  thereof. 


1874.— Chaptee  376.  415 

Section  4.     The  collectors,  whether  the  time  for  which  Toretumto 

.■I  I  ,  ,        -,  j_inj.''  1     selectmen,  &c., 

they  were  chosen  has  expired  or  not,  shall  twice  in  eacn  twice  a  year, 
year,  namely,  once  not  more  than   twenty  nor  less  than  who  hive  paid 
iifteen  days  before  the  annual  city  or  town  elections,  and  *'*^®^- 
once  not  more  than  twenty  nor  less  than  fifteen  days  be- 
fore the  Tuesday  next  after  the  first  Monday  in  November, 
return  to  the  mayor  and  aldermen  and  selectmen  of  their 
respective  cities  and  towns,  an  accurate  list  of  all  persons 
from  whom  they  have  received  payment  of  any  state  or 
county  tax  subsequently  to  the  time  appointed  for  making 
their  last  preceding  return. 

Section  5.     Every  collector  neglecting  to  make  such  pnaity  fomeg. 
return  shall  forfeit  one  hundred  dollars  for  each  neglect;  a  false  return. 
and  twenty  dollars  for  every  name  in  respect  to  which  he 
makes  a  false  return. 

Section  6.     When  any  person,    on  or  before  the  fif-  Assessment  of 

J     I  '  ,  ,  taxes  upon  polls 

teenth  day  of  September,  in  any  year,  gives  notice  in  and  estate. 
writing,  accompanied  by  satisfactory  evidence,  to  the  as- 
sessors of  a  city  or  town,  that  he  was  on  the  first  day  of 
May  of  that  year,  an  inhabitant  thereof,  and  liable  to  pay 
a  poll-tax,  and  furnishes  under  oath  a  true  list  of  his  polls 
and  estate,  both  real  and  personal,  not  exempt  from  taxa- 
tion, the  assessors  shall  assess  him  for  his  polls  and  estate  ; 
but  such  assessment  shall  be  subject  to  the  provisions  of 
chapter  one  hundred  and  twenty-one  of  the  acts  of  the 
year  one  thousand  eight  hundred  and  sixty-five ;  and  the 
assessors  shall,  on  or  before  the  first  day  of  October,  de- 
posit with  the  clerk  of  the  city  or  town  a  list  of  the  per- 
sons so  assessed.  The  taxes  so  assessed  shall  be  entered 
in  the  tax  list  of  the  collector  of  the  city  or  town,  and  he 
shall  collect  and  pay  over  the  same  in  the  manner  specified 
in  his  warrant. 

Section  7.     The  mayor    and  aldermen    of  cities,  and  i^i^ts  of  voters 
selectmen  of  towns,  shall    at  least  ten    days    before    the  ten  days  before 
annual  city  and   town    elections,  and  at  least    ten    days  ®'^'^'°"" 
before  the  Tuesday  next  after  the  first  Monday  in  Nov- 
ember, annually,  make  correct  alphabetical  lists  of  all  the 
persons  qualified  to  vote  for  the  several  ofiScers  to  be  elect- 
ed at  those  periods,  and  shall  at  least  ten  days  before  said 
elections  cause  such  lists  to  be  posted  up  in  two  or  more 
public  places  in  their  respective  cities  and  towns. 

Section  8.     The  selectmen  of  towns  shall  be    in  ses-  selectmen  to  te 

.  •       J.      1  i»  1  1      j_'  -J.!  •       in  session,  with- 

sion  at  some  convenient  place  tor  a  reasonable  time,  within  in  forty.eight 
forty-eight  hours  next  preceding  all  meetings  for  the  elec-  i^'>"'-«of  e'e«io" 


416 


1874.— Chapter  376. 


days,  to  receive 
evidence  of 
qualifications  of 
votex's. 


Mayor  and  al- 
dermen to  be  in 
session  day  be- 
fore election,  to 
correct  voting- 
lists. 


Additions  to 
lists  after  being 
placed  in  hands 
of  ward  officers. 


Voters  to  be 
registered 
where  assessed. 


Not  to  be  regis, 
tered  in  new 
ward  until  he 
has  resided 
there  three 
mouths. 


Sessions  of 
selectmen  to  be 
held  the  day 
before  election, 


tion  of  town,  county  or  state  officers,  or  of  representn- 
tives  in  congress,  or  of  electors  of  president  and  vice- 
president  ;  for  the  purpose  of  receiving  evidence  of  the 
qualitications  of  persons  claiming  a  right  to  vote  in  such 
elections  and  of  correcting  the  lists  of  voters.  Such  ses- 
sion shall  be  holden  for  one  hour  at  least  before  the 
opening  of  the  meeting  on  the  day  of  the  election,  and 
notice  of  the  time  and  place  of  holding  the  sessions  shall 
be  given  by  the  selectmen  upon  the  lists  posted  up  as 
provided  in  the  preceding  section. 

Section  9.  The  mayor  and  aldermen  of  cities  shall  be 
in  session  on  the  day  immediately  preceding  the  meeting 
for  any  election,  and  for  as  much  longer  time  previous  to 
said  day  as  they  judge  necessary,  for  the  purpose  of  re- 
ceiving evidence  of  the  qualitications  of  persons  claiming 
a  right  to  vote  at  such  meeting,  and  of  correcting  the  lists 
of  voters  ;  and  they  shall  give  notice  of  the  time  and  place 
of  holding  the  sessions  upon  lists  of  voters  posted  up 
as  required  by  section  seven  of  this  act.  When  the  day 
immediately  preceding  such  meeting  is  Sunday,  such  ses- 
sion shall  be  held  on  the  Saturday  preceding. 

Section  10.  The  name  of  no  person  shall  be  added  to 
the  voting  lists  in  any  cit}'  after  the  lists  have  been  placed 
in  the  hands  of  the  ward  officers,  unless  the  qualifications 
of  said  person  as  a  voter  shall  have  been  determined  by 
the  mayor  and  aldermen,  at  some  meeting  held  previous 
to  the  opening  of  the  polls  ;  such  fact  to  be  verified  by  the 
certificate  of  the  cit}^  clerk. 

Section  11.  Voters  in  cities  shall  be  registered  in  the 
respective  wards  wherein  they  are  assessed,  except  as 
provided  in  the  next  section. 

Section  12.  No  person  who  removes  from  one  ward 
in  any  city  to  another  ward  shall  be  registered  as  a  legal 
voter  in  said  last  mentioned  ward,  or  vote  therein,  until 
he  has  resided  in  said  last  mentioned  ward  continuously 
for  a  period  of  at  least  three  months,  when  he  may  be  so 
registered  ;  and  until  any  person  who  so  removes  shall 
have  the  right  to  be  registered  and  vote  in  the  last  men- 
tioned ward,  he  shall  have  the  right  to  vote  in  the  ward 
in  which  he  was  previously  registered,  if  otherwise  quali- 
fied according  to  the  constitution  and  laws. 

Section  13.  In  every  town  where  the  number  of 
qualified  voters  exceeds  one  thousand,  a  session  of  the 
selectmen  for  like  purpose  to  that  mentioned  in  section 


1874.— Chapter  376.  417 

eight  of  this  act,  shall  be  holden  on  the  day  immediatel}^  TxMed'onJ* 
preceding  the  meeting,  and  for  as  much  longer  time  pre-  thousand. 
vious  to  said  day  as  they  judge  necessary  for  the  purpose 
aforesaid.     When  the  day   immediately    preceding    such 
meeting  is  Sunday,  such  session  shall  be  holden  on  the 
Saturday  preceding. 

Section  14.     The  selectmen  shall  also  enter   on  such  selectmen  to 

, .  ,  „  ,  ,  IT      enter  names  of 

lists  the  name  or  any  person  known  to  them  to  be  quali-  quaufied  voters, 
fied  to  vote,  and  shall  erase  therefrom  the  name  of  any 
person  known  to  them  not  to  be  qualified. 

Section  15.     The  mayor  and  aldermen  and  selectmen  Naturalization 

1      c  •  iiTjji  o  iTi   papers  to  be 

berore  entering  upon  the  lists  the  name  oi  a  naturalized  produced  for 
citizen,  shall  require  him  to  produce  for  their  inspection  *°*^^ '°°' 
his  papers  of  naturalization  and  be  satisfied  that  he  has 
been  legally  naturalized ;  but  they  need  not  require  the 
production  of  such  papers  after  they  have  once  examined 
and  passed  upon  them. 

Section  16.     Whoever  gives  a  false    name  or  a  false  Penalty  for  giv- 
answer  to  the  mayor  and  aldermen  or  selectmen  when  in  "^  ^ 
session  for  the  purposes  aforesaid,  shall  forfeit  the  sum  of 
thirty  dollars  for  each  ofience. 

Section  17.     The  mayor  and  aldermen  and  selectmen.  Names  to  be 
if  they  have  duly  entered  on  said  lists  the  names  of  all  turned  by  coi- 
persons  returned  to  them  by  the  collectors,  shall  not  be  ^'"'^'^^^^ 
answerable  for  any  omissions  therefrom. 

Section  18.     A  city  or  town  officer  who  wilfully  neg-  Penalty  on  offi. 

ccr  lor  nc&rl6ct;a 

lects  or  refuses  to  perform  any  duty  required  of  him  by 
the  provisions  of  this  act,  shall  for  each  offence  forfeit  a 
sura  not  exceeding  two  hundred  dollars. 

II.     Provisions  in  Amendment  of  sections  two,  three, 

eight  and  nine  or  chapter  seven  of  the  General 

Statutes. 

Section  19.     Meetings  for   the    election    of  national,  ^^^^'^fg^'^gy 
state,  district  and  county  officers  may  be  opened  as  early  eariyas?  a.m., 
as  seven  o'clock  in  the  foj^enoon,  and  shall  be  opened  as  opened*as  early 
early  as  two  o'clock  in  the  afternoon  of  the  election  day,  ^^^p.  m. 
and  the  mayor  and  aldermen  and  selectmen  shall  decide 
whether  such  officers  shall  be  voted  for  on  one  ballot  or 
at  the  same  time  on  separate  ballots,  and  shall  give  notice 
thereof  in  the  warrant  calling  the  meeting. 

Section  20.     Such  meetings  in   cities  shall  be  called  Meetings  in 

o  cities 

according  to  the  provisions  of  the  acts  establishing  them 
and  the  acts  in  addition  thereto,  and  the  warrant  for  noti- 

53 


418 


1874.— Chapter  376. 


Meetings  in 
towns. 


Selectmen  to 
preside. 


Presiding  offi- 
cers of  town 
meetings  to  be 
furnished  with 
list  of  voters. 


fying  such  meetings  shall  specify  the  time  when  the  polls 
for  the  choice  of  the  several  officers  shall  be  opened,  and 
the  hour  at  which  the  polls  shall  be  closed ;  and  the  polls 
shall  be  kept  open  at  least  two  hours ;  but  in  no  case  shall 
the  polls  be  kept  open  after  the  hour  of  sunset. 

Section  21.  Such  meetings  in  towns  shall  be  called 
by  the  selectmen  in  the  manner  ordered  by  the  towns, 
and  the  warrant  for  notifying  such  meetings  shall  specify 
the  time  when  the  polls  for  the  choice  of  the  several  offi- 
cers shall  be  opened,  and  the  hour  at  which  the  polls  may 
be  closed.  The  polls  in  towns  shall  be  kept  open  at  least 
two  hours,  and  for  such  longer  time  as  a  majority  of  the 
voters  present  shall  by  vote  direct,  but  they  shall  not  be 
closed  until  the  hour  named  in  the  warrant  has  arrived ; 
and  in  no  case  shall  the  polls  be  kept  open  after  the  hour 
of  sunset. 

Section  22.  At  town  meetings  for  the  election  of 
national,  state,  district  and  county  officers,  the  selectmen 
shall  preside ;  and  shall  have  all  the  powers  which  are 
vested  in  moderators. 

Section  23.  The  presiding  officers  at  meetings  held 
for  the  election  of  town  or  other  officers,  shall  be  provided 
with  a  complete  list  of  the  persons  qualified  to  vote  at  such 
election :  and  no  person  shall  vote  at  an  election  whose 
name  has  not  been  previously  placed  on  such  list,  nor  until 
the  presiding  officers  find  and  check  his  name  thereon : 
jprovided,  hoivever,  that  in  the  election  of  town  officers,  it 
shall  not  be  necessary  to  find  and  check  the  name  of  the 
voter,  except  in  the  cases  where  the  election  is,  or  may  be, 
required  by  statute  to  be  by  ballot;  and  in  all  other  cases, 
the  check-list  shall  be  used  or  not,  as  the  town,  at  its 
meeting,  may  determine,  except  that  in  the  election  of 
moderators  of  town  meetings,  held  for  the  choice  of  town 
officers,  the  check-list  shall  be  used. 


III.  Provisions  in  Amendment, of  sections  seven  to 
twenty-four  inclusive  of  chapter  eight  of  the 
General  Statutes. 


Representatives  to  the  General  Court. 
Voters  to  be  SECTION  24.     Warrants  for  meetings  for  the  election  of 

notified  to  brmg  .  i      n     t  i  i 

votes  on  one       representatives  to  the  general  court  shall  dn*ect  that  the 

sentatives."^*^^'  votcrs  iu  towns,  cities  and  wards,  be  notified  to  bring  in 

their  votes  on  one  ballot  for  the  representatives  to  which 


1874.— Chaptek  376.  419 

their  several  districts  are  entitled,  and  shall  specify  the 
number  thereof.  And  such  elections  shall  be  conducted 
and  the  results  thereof  determined  as  provided  in  chapter 
seven  of  the  General  Statutes,  except  as  otherwise  pro- 
vided in  this  act. 

Section  25.     In  towns,  cities  and  wards,  composing  a  in  towns  and 
part  of  a  representative  district,  the  selectmen  and  town  i^"part°of  a"*' 
clerks  and  ward  officers,  in  open  town  and  ward  meetings,  f^rlpt'^of  reToVd 
and  the  mayor  and  aldermen  and  city  clerks,  shall  forth-  to  be  forthwith 

•^  .         y    .  .       ^     ^  dehvered  to 

With  upon  the  vote  for  representative  being  recorded,  make  clerks. 
out  under  their  hands  and  seal  up  and  deliver  to  their  re- 
spective clerks,  a  true  transcript  of  such  record. 

Section  26.     The  county  commissioners,  mayor   and  to'd^l^uat'e^^ 
aldermen,  or  board  of  aldermen,  or  such  siDCcial  commis-  place  where 

,  '       ,  J-  .  clerks  shall 

sioners  as  are  authorized  to  apportion  the  representation  assemble  to 

1    ,       ,  1  1  J.'  /.  ^1      •  x-  J?  1     learn  result  of 

assigned  to  the  several  counties,  at  their  meeting  for  such  elections. 
purpose,  shall  designate  a  place  in  each  representative  dis- 
trict, not  contained  in  or  consisting  of  one  town  or  city,  at 
which  the  clerks  of  towns,  cities  and  wards,  composing 
such  district,  shall  assemble  for  the  purpose  of  ascertaining 
the  result  of  elections.  Due  notice  of  such  appointment 
shall  be  given  by  said  commissioners  or  mayor  and  alder- 
men to  every  town,  city  and  ward,  in  the  district.  Such 
place  of  meeting  may  be  changed  once  in  two  years  by  the 
same  authority,  after  a  hearing  on  the  petition  of  two  of 
such  clerks. 

Section  27.     The  clerks  of  cities,  towns  and  wards,  cierks  to  assem 
composing  such  districts,  shall  meet  at  noon  on  the  day  tafn^'whlfp'e'i^- 
foUowing  an  election  for  representatives,  at  the  place  so  Sid!^'^ '^'^^° 
designated,  and  shall   examine   and   compare  such   tran- 
scripts and  ascertain  what  persons  have  been  elected.     If 
any  error  appears  in  a  transcript  or  return,  the  clerks  shall 
forthwith  give  notice  thereof  to  the  officers  required  to 
make  the  return,  and  such  officers  shall  forthwith,  in  con- 
formity with  the  truth  and  under  oath,  make  a  new  return, 
which,  whether  made  with  or  without  such  notice,  shall  be 
received  and  examined  by  said  clerks  within  two   days 
after  the  time  appointed  for  the  meeting ;  and  for  that 
purpose  the  meeting  may  be  adjourned  not  exceeding  two 
days.     No  return  shall  be  rejected  when  the  number  of 
votes  given  for  each  candidate  can  be  ascertained. 

Section  28.     Such  clerks  shall  at  such  meeting  make  cierks  to  make 
out  under  their  hands  a  complete  return  of  the  names  of  recorf.^ 
all  persons  for  whom  votes  were  given  in  the  district,  and 


420 


1874.— Chapter  376. 


by  selectmen, 
&c. 


the  niimher  of  votes  for  each  person,  and  a  record  of  the 
return  shall  be  made  in  the  book  of  records  of  their 
respective  cities,  towns  and  wards,  within  four  days  after 
the  day  of  the  meeting. 
t?ii?a'tefofcTec-  Section  29.  Whcu  it  is  ascertained  who  is  elected 
tiontobemade  representative  in  a  district,  composed  of  one  town  or  city, 
or  one  or  more  wards  of  a  city,  the  selectmen  or  mayor 
and  aldermen  shall  make  out  duplicate  certificates  thereof, 
one  of  which  they  shall  transmit  to  the  office  of  the  secre- 
tary of  the  Commonwealth  on  or  1)efore  the  first  Wednes- 
day in  January  following,  and  the  other  by  a  constable  or 
other  authorized  officer  to  the  person  elected,  within  ten 
days  after  the  day  of  election. 

Section  30.  When  the  clerjvs  of  cities,  towns  and 
wards  composing  a  district,  at  their  meeting  for  the  pur- 
pose, ascertain  that  a  representative  is  elected  in  their  dis- 
trict, they  or  a  majority  of  them  shall  make  out  duplicate 
certificates  thereof,  one  of  which  they  shall  deliver  into 
the  office  of  the  secretary  of  the  Commonwealth,  on  or 
before  the  first  day  of  January  following,  and  the  other 
by  a  constable  or  other  authorized  officer  transmit  to  the 
person  elected,  within  ten  days  after  the  day  of  election. 

Section  31.  Such  certificates  of  election  shall  be  in 
substance  as  follows  : — 


Duplicate  cer- 

titicates  by 
clerks. 


Form  of  certifi- 
cate. 


Commonwealth  of  Massachusetts,  county  of  .     Pm'suant 

to  a  law  of  this  Commonwealth,  the  qualified  voters  of  Representa- 
tive District  Number  ,  in  their  several  meetings  on  the 
day  of  November  instant,  for  the  choice  of  rejiresentatives  in  general 
court,  did  elect  ,  being  inhabitants  of  said  district, 
to  represent  them  in  the  general  court  to  be  holden  on  the  first  Wed- 
nesday of  January  next. 

Dated  at  the  day  of  in  the  year 

one  thousand  eiffht  hundred  and 


Such  certificate  shall  have  a  return  thereon,  signed  by 
the  officer  authorized  to  give  such  notice,  and  stating  that 
notice  of  the  choice  was  given  to  the  persons  therein  men- 
tioned, and  that  said  persons  were  summoned  to  attend 
the  general  court  accordingly. 
ifno  choice  is         SECTION  32.     If  it  shall  appear  that  no  choice  of  repre- 
cat'e''offaot\obe  scntativc  has  been  effected  by  reason  of  two  or  more  per- 
Scury'^of  the  SOUS  haviug  the  same  number  of  votes  so  that  no  person 
Commonwealth,  jjj^g  ^  plurality,  a  Certificate  of  the  fact  shall  be  transmitted 
to  the  secretary  of  the  Commonwealth  by  the  same  officers 
and  in  the  same  manner  as  is  provided  in  sections  twenty- 


1874.— Chapter  376.  421 

nine  and  thirty  of  this  act  for  one  of  the  certificates  of 
election  in  cases  when  an  election  is  made. 

Section  33.  When  a  vacancy  occurs  in  a  representa-  vacancyjn  rep. 
tive  district,  the  speaker  of  the  house  of  representatives  tnct. 
shall,  in  the  precept  which  he  may  issue  by  order  of  the 
house  giving  notice  of  such  vacancy,  appoint  a  time  for  an 
election  to  fill  the  same.  Upon  the  reception  of  such  pre- 
cept, the  maj'-or  and  aldermen  of  a  city  and  the  selectmen 
of  the  towns  comprising  the  district,  shall  issue  their  war- 
rants for  an  election  on  the  day  named  in  the  precept ;  and 
similar  proceedings  shall  be  had  in  filling  such  vacancy  as 
in  the  original  election  of  representatives. 

Section  34.     The  secretary  of  the  Commonwealth  shall  secretary  of 

c  •    1       j^  •  1^'  ij_  111^  c  j'/^j  Commonwealth 

lurnish  to  cities  and  towns   blank  torms  tor  certincates,  to  furnish  blank 
transcripts  and   returns  required  under  this    act.     Such  ^°™*'  ^°' 
blanks    for   returns    shall   have  printed   thereon    sections 
twenty-nine,  thirty,  thirty-one  and  thirty-two  of  this  act, 
and  the  first  four  sections  of  chapter  two  of  the  General 
Statutes. 

Section  35.     In  all  returns  of  elections  the  whole  num-  Number  of  bai- 
ber  of  ballots  given  in  shall  be  distinctly  stated  in  words  t°nctiy  stated  in 
at  length  ;  and  blank  pieces  of  paper  shall  not  be  counted  '^°''^^  °-'^  ^®"^*^" 
as  ballots  :  provided,  that  the  omission  to  state  the  whole  Proviso. 
number  of  ballots  shall  not  make  the  return  invalid  in  any 
case  in  which  the  true  result  of  the  election  can  be  ascer- 
tained from  the  other  parts  of  the  return. 

Section  36.     Selectmen  giving  a  certificate  of  election  penalty  on 
to  a  person  voted   for  as  representative  to  the  general  false  certificate. 
court,  not  in  accordance  with  the  declaration  of  the  vote 
in  open  town  meeting  at  the  time  of  the  election,  shall 
forfeit  three  hundred  dollars. 

Section  37.     Clerks  wilfullv  signing  a  certificate  not  Penalty  on 

(.  •,  .ji      ,1  ij.    "i?  1       i.'  j_  clerks  for  false 

111  coniormity  with  the  result  ot  an  election,  as  apparent  certificate. 
by  the   transcripts  and  returns,   shall  forfeit  a  sum  not 
exceeding  three  hundred  dollars. 

Section  38.     Towns  and  cities  may  provide  suitable  compensation 
compensation  to   clerks  and  selectmen  for  services  per-  selectmen." 
formed  by  them  under  the  requirements  of  this  act. 

Section  39.     In  case  of  a  vacancy  in  the  office  of  town,  cxer-^ pro  tem. 
city  or  ward  clerk,  or  any  disability  in  such  clerk  to  per-  polnted.^^'" 
form  the  duties  required  by  this  act,  the  selectmen,  mayor 
and   aldermen,  or   board    of  aldermen,  or   warden,  may 
appoint  a  clerk  pro  tempore,  who  shall  be  sworn  and  per- 
form such  duties. 


422 


1874.— Chapter  376. 


Ballots  to  be 
secured  in  a 
sealed  envelope. 


Warden  to 
transmit  ballots 
to  city  clerk. 


City  cleik  to 
furnish  ^yard 
clerk  with  seal 
of  suitable 
device. 


To  retain  ballots 
not  less  than 
sixty  days. 


IV.     Provisions   relating    to   the    Preservation   of 
Ballots  and  Check-Lists  in  Cities. 

Section  40.  In  all  elections  in  cities,  whether  the 
same  shall  be  for  United  States,  state,  county,  city  or  ward 
officers,  it  shall  be  the  duty  of  the  warden,  or  other  pre- 
siding officer,  to  cause  all  ballots  which  shall  have  been 
given  in  by  the  qualified  voters  of  the  ward  in  which  such 
election  has  been  held,  and  after  the  same  shall  have  been 
sorted,  counted,  declared  and  recorded,  to  be  secured  in 
an  envelope,  in  open  ward  meeting,  and  sealed  with  a  seal 
jjrovided  for  the  purpose ;  and  the  warden,  clerk,  and  a 
majority  of  the  inspectors  of  the  ward,  shall  indorse  upon 
the  envelope  for  what  offices  and  in  what  ward  the  ballots 
have  been  received,  the  date  of  the  election,  and  their 
certificate  that  all  the  ballots  given  in  by  the  voters  of  the 
ward,  and  none  other,  are  contained  in  said  envelope. 

Section  41.  The  warden,  or  other  presiding  officer, 
shall  forthwith  transmit  the  ballots,  sealed  as  aforesaid,  to 
the  city  clerk,  by  the  constable  in  attendance  at  said  elec- 
tion, or  by  one  of  the  ward  officers  other  than  the  clerk ; 
and  the  clerk  shall  retain  the  custody  of  the  seal,  and  de- 
liver the  same,  together  with  the  records  of  the  ward  and 
other  documents,  to  his  successor  in  office. 

Section  42.  The  city  clerk  shall  cause  to  be  furnished 
to  the  clerks  of  the  several  wards  a  seal  of  suitable  device, 
the  design  of  which  shall  include  the  number  or  designa- 
tion of  the  ward  for  which  it  shall  be  furnished.  He  shall 
receive  and  retain  in  his  care  the  ballots  transmitted  to  him, 
for  the  space  of  not  less  than  sixty  days ;  if  within  the 
time  prescribed  hj  law  for  forwarding  returns  or  declar- 
ing the  results  of  an  election,  ten  or  more  citizens  of  any 
ward  shall  notify  the  city  clerk,  by  a  written  statement, 
that  they  have  reason  to  believe  that  the  returns  of  the 
ward  officers  are  erroneous,  and  shall  specify  wherein  they 
deem  them  in  error,  the  said  clerk  shall  receive  such  state- 
ment, and  shall  notify  the  board  of  aldermen,  or  the  com- 
mittee thereof  appointed  to  examine  the  returns  of  said 
election,  and  the  board  of  aldermen,  or  their  committee, 
shall,  within  the  time  required  by  law  for  examining  the 
returns  or  declarino-  the  results  of  the  election,  examine 
the  ballots  thrown  in  said  ward,  and  determme  the  ques- 
tions raised ;  they  shall  then  re-seal  the  envelope,  either 
with  the  seal  of  the  city  or  a  seal  provided  for  the  purpose. 


1874.— Chapter  376.  423 

and  shall  indorse  upon  said  envelope  a  certificate  that  the 
same  has  been  opened  and  re-sealed  by  them  in  conformity 
to  law;  and  the  ballots,  sealed  as  aforesaid,  shall  be 
returned  to  the  city  clerk,  who,  upon  their  certificate, 
shall  alter  and  amend  such  returns  as  are  found  to  be 
erroneous,  and  such  amended  return  shall  stand  as  the  true 
return  of  the  ward.  And  if,  within  sixty  days  of  an 
election,  any  person  who  received  votes  for  any  office  at 
said  election  shall  serve  upon  the  city  clerk,  by  himself, 
his  agent  or  attorney,  a  written  notification  claiming  an 
election  to  such  office,  and  declaring  an  intention  to  con- 
test the  right  of  any  person  who  has  received  or  who  may 
receive  a  certificate  of  election  for  the  same,  the  city  clerk 
shall  retain  such  ballots,  sealed  as  aforesaid,  subject  to  the 
order  of  the  body  to  which  such  person  shall  claim  to 
have  been  elected,  or  until  such  claim  shall  have  been 
withdrawn  or  finally  decided. 

Section  43.     In  all  elections  in  cities  in  which  a  check-  Check-iist  to  be 
list  is  required  bylaw  to  be  used,  the  warden  or  other  sealed  up. 
presiding  officer  of  each  ward  shall  cause  the  check-list  so 
used  to  be  inclosed  and  sealed  in  an  envelope  in  the  same 
manner  as  the  ballots  cast  at  said  election  are  required  by 
law  to  be  secured  by  section  forty  of  this  act,  and  the  war- 
den, clerk  and  a  majority  of  the  inspectors  in  each  ward 
shall  certify  on  such  envelope  to  the  identity  of  the  check- 
list so  inclosed :  provided,  that  nothing  in  this  act  shall  be  Proviso. 
construed  to  prevent  the  clerk  of  any  city  from  furnishing 
a  copy  of  a  check-list  after  it  has  been  used  in  any  ward, 
upon  the  application  of   not  less  than  ten  legal  voters 
resident  therein ;  and  immediately  upon  such  copy  being 
furnished,  the  check-list  shall  be  again  sealed  up. 

Section  44.  Whenever  in  any  election  the  right  of  f^^^r^^hT^*^ 
any  person  offering  to  vote  is  challenged  for  any  cause  "ifilign°  ed*^® '® 
recognized  by  existing  laws,  it  shall  be  the  duty  of  the 
warden  or  presiding  officer,  if  the  person  challenging  shall 
so  demand,  to  require  the  person  so  oflfering  to  vote  to 
write  his  name  and  residence  upon  the  ballot  so  offered 
and  challenged,  and  the  warden  or  presiding  officer  shall 
add  thereto  the  name  of  the  person  challenging  the  same, 
and  the  cause  assigned  therefor,  before  such  ballot  shall  be 
received ;  and  if  such  ballot  shall  be  ofiered  sealed,  the 
writing  as  aforesaid  may  be  upon  the  envelope  covering 
the  same,  and  the  warden  or  other  presiding  officer,  in  the 
presence  of  the   clerk   and  at  least   one  inspector,  shall 


424 


1874.— Chapter  376. 


Penalty  on  city 
clerk  for  wilful 
neglect. 


mark  and  designate  such  ballot  by  writing  thereon  the 
name  of  the  person  by  whom  it  was  cast,  before  it  is 
counted,  and  at  the  close  of  the  election  the  same  shall  be 
returned  to  the  envelope  in  which  it  was  deposited  :  pro- 
vided, that  nothing  contained  in  this  section  shall  be  so 
construed  as  to  permit  ward  officers  to  receive  any  vote 
which,  by  existing  laws,  they  are  required  to  refuse. 

Section  45.  If  any  city  clerk  shall  wilfully  neglect  or 
refuse  to  comply  with  any  of  the  requirements  of  the  pre- 
ceding five  sections  of  this  act,  he  shall  be  punished  by  a 
fine  not  exceeding  two  hundred  dollars.  And  if  any  war- 
den or  other  presiding  officer,  constable  or  ward  oflicer  as 
aforesaid,  shall  wilfully  neglect  or  refuse  to  comply  with 
the  provisions  of  said  sections,  he  shall  be  punished  by  a 
fine  of  not  less  than  twenty,  or  more  than  two  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  for  a  term 
not  exceeding  one  year. 


Ballots  to  bo 
preserved  by 
selectmen  of 
towns. 


Clerk  to  fire- 
serve  envelope 
unopened  for 
sixty  days. 


Check-list  to  be 
sealed  up,  &c. 


V.     Peovisions    relating    to    the    Preservation   of 
Ballots  and  Check-Lists  in  Towns. 

Section  46.  At  every  election  in  towns  for  officers 
other  than  town  officers,  the  selectmen  shall  cause  all  bal- 
lots given  in,  after  having  been  counted,  declared  and 
recorded,  to  be  secured  in  an  envelope  and  sealed,  and 
they  shall  endorse  on  such  envelope  for  what  officers  the 
enclosed  ballots  were  cast,  and  at  what  election,  and  the 
same  shall  be  sealed,  endorsed  and  delivered  to  the  town 
clerk,  before  the  adjournment  of  the  meeting  at  which  the 
ballots  were  cast. 

Section  47.  The  clerk  shall  carefully  preserve  such 
envelope,  unopened,  sixty  days,  and  if  within  that  time 
any  person  voted  for  serves  notice  on  him  in  writing, 
claiming  an  election,  and  desiring  a  recount  of  said  ballots, 
the  clerk  shall  continue  to  hold  such  envelope,  subject  to 
the  order  of  the  legislative  body  to  which  such  person 
claims  an  election,  or  in  other  cases,  of  the  board  required 
by  law  finally  to  examine  the  returns  and  issue  certificates 
of  election ;  and  in  all  such  cases  said  legislative  body  or 
board  may  take  and  open  said  envelope  and  recount  the 
ballots  thus  preserved. 

Section  48.  In  all  elections  in  towns  in  which  a 
check-list  is  required  by  law  to  be  used  (except  elections 
for  town  officers),  the  selectmen  shall  cause  the  check- 


1874.— Chapter  376.  425 

list  so  used  to  be  inclosed  and  sealed  iu  an  enrelope,  in 
the  same  manner,  but  not  in  the  same  envelope,  as  the 
ballots  cast  at  said  election  are  required  by  law  to  be 
secured  by  section  forty-six  of  this  act ;  and  a  majority  of 
the  selectmen  shall  certify  on  such  envelope  to  the  identity 
of  the  check-list  so  inclosed :  provided,  that  nothing  in  Proviso. 
this  act  shall  be  construed  to  prevent  the  selectmen  from 
furnishing  a  copy  of  a  check-list  after  it  has  been  used  in 
any  election,  upon  the  application  of  not  less  than  ten 
legal  voters,  resident  therein  ;  and  immediately  upon  such 
copy  being  furnished,  the  check-list  shall  be  again  sealed 
up,  with  a  new  certificate  attached,  by  which  the  identity 
and  original  condition  shall  be  certified  by  a  majority  of 
the  selectmen. 

Sectiox  49.     When  the  right  of  a  person  offering  a  Dutyofseieet- 
ballot  at  any  election  in  towns  for  officers,  other  than  toTote irchaf- 
town  officers,  is  challenged  for  any  cause  recognized  by  ^^^s^^- 
law,  the  selectmen,  if  they  receive  the  same,  shall  require 
the  voter  to  write  his  name  and  residence  thereon,  and 
they  shall  add  thereto  the  name  of  the  challenger,  and 
the  cause   assigned  for  challenging.     And  if  such  ballot 
shall  be  offered  sealed,  the  writing  as  aforesaid  may  be 
upon  the  envelope  covering  the  same,  and  the  selectmen 
shall  mark  and  designate  such  ballot  by  writing  thereon 
the  name  of  the  person  by  whom  it  was  cast,  before  it  is 
coimted,  and  at  the  close  of  the  election  the  same  shall  be 
returned  to  the  envelope  in  which  it  is  deposited. 

Section  50.     Whoever  wilfully  or  negligently  violates  Penalty. 
any  provision  of  the  four  preceding  sections  of  this  act, 
shall  be  punished  by  a  fine   not  exceeding  two  hundred 
dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
ing one  year. 

VI.     Provisions  eelating  to  the  Election  of  Ward 
Officers  in  Cities. 

Section  51.     At  each  municipal  election  in  any  city,  it  ward  oflscers  to 
shall  be  the  duty  of  the  ward  officers  of  the  several  wards  of  election  of 
to  make  out  and  sign  certificates  of  the  election  of  such  ^'*'^*^ '*^'=^^®- 
ward  officers  as  are  chosen  at  such  election,  in  the  manner 
now  provided  by  law,  and  said  certificates  for  each  ward 
shall  be  placed  in  one  envelope,  endorsed  "ward  officers 
chosen  in  ward  number  ,"  and  transmitted  to  the  city 

clerk,  who  shall  retain  said  envelopes  unopened  for  twenty 

54 


426 


1874.— Chapter  376. 


Re-count  of 
ballots. 


Specific  pro- 
visions con- 
tained in  city 
charters  to  re- 
main in  force. 


Proviso. 


days,  subsequent  to  the  day  of  said  election,  and  he  shall 
then  open  said  envelopes,  and  transmit  said  certificates  to 
the  persons  who  appear  to  be  thus  chosen. 

Section  52.  If,  within  said  twenty  days,  a  statement, 
in  writing,  is  filed  with  the  city  clerk,  signed  by  ten  legal 
voters  in  any  ward,  stating  that  they  believe  that  the 
warden,  or  clerk,  or  any  inspector  of  elections  of  said 
ward,  who  has  been  declared  elected,  did  not  receive  a 
plurality  of  the  votes  cast  on  the  preceding  election  day, 
it  shall  be  the  duty  of  the  city  clerk  to  lay  the  same  be- 
fore the  board  of  aldermen  for  the  time  being,  who  shall 
proceed  to  count  the  original  ballots  cast  for  such  warden, 
clerk  or  inspector,  and  shall  declare  the  result,  and  shall 
issue  a  certificate  to  the  person  entitled  thereto  :  provided^ 
that  this  act  shall  not  apply  to  ward  officers  chosen  to  fill 
vacancies  on  election  day. 

Section  53.  If  the  charter  of  any  city,  or  any  act  in 
amendment  of  such  charter,  or  otherwise  relating  to  such 
city,  contains  any  specific  and  particular  provision  incon- 
sistent with  such  of  the  provisions  of  this  act  as  apply  to 
cities,  such  specific  and  particular  provision  shall  continue 
in  force  in  such  city,  anything  in  this  act  contained  to  the 
contrary  notwithstanding  :  provided,  however,  that  all  elec- 
tions in  cities  which,  by  any  act,  are  appointed  to  be  held 
on  Monday,  shall  be  held  on  the  Tuesday  next  following 
such  Monday. 


statement  of 
number  of  votes, 
&c.,  not  to  be 
made  before 
close  of  polls. 


Penalty. 


Rights  of  Ind- 
ians not  to  be 
abridged. 


Vn.     Concluding  Provisions. 

Section  54.  Until  the  close  of  the  polls  and  the  pub- 
lic declaration  of  the  vote  at  an  election  in  any  city,  no 
statement  shall  be  made  by  any  warden,  inspector  or 
clerk,  of  the  number  of  ballots  cast,  the  number  of  voters 
present,  the  number  of  votes  given  for  any  person  or  for 
any  ofiicer,  the  name  of  any  person  who  has  voted,  the 
name  of  any  person  which  has  been  voted  on,  nor  of  any 
other  fact  tending  to  show  the  state  of  the  polls. 

Section  55.  Any  warden,  ward  clerk,  or  inspector 
violating  the  provisions  of  the  preceding  section  of  this 
act,  shall  be  punished  by  a  fine  of  not  more  than  one  hun- 
dred dollars  or  imprisonment  in  the  house  of  correction 
for  twenty  days. 

Section  56.  Nothing  contained  in  the  first  section  of 
this  act  shall  be  construed  to  limit  or  abridge  the  rights  of 


1874.— Chapter  376.  427 

Indians,  and  people  of  color  heretofore  known  and  called 
Indians,  within  this  Commonwealth,  as  declared  by  chap- 
ter one  hundred  and  eightj^-four  of  the  acts  of  the  year 
one  thousand  eight  hundred  and  sixty-two,  and  chapter 
four  hundred  and  sixty-three  of  the  acts  of  the  year  one 
thousand  eight  hundred  and  sixty-nine. 

Section  57.  Nothing  contained  in  this  act  shall  affect  ^^f^fg^gj^gt^j, 
the  validity  of  the  provisions  of  chapter  sixty  of  the  acts 
of  the  present  year,  entitled  an  act  to  establish  the  board 
of  registrars  of  voters  of  the  city  of  Boston  and  to  reg- 
ulate the  preparation  and  revision  of  the  voting  lists  in 
said  city. 

Section  58.  Chapter  six  of  the  General  Statutes,  sec-  Kepeai. 
tions  one,  two,  three,  eight  and  nine  of  chapter  seven  of 
the  General  Statutes,  and  sections  seven  to  twenty-four, 
inclusive,  of  chapter  eight  of  the  General  Statutes,  to- 
gether with  the  several  acts  enumerated  in  the  schedule 
hereto  appended,  are  hereby  repealed :  provided^  that  Proviso, 
such  repeal  shall  not  revive  any  act  heretofore  repealed  or 
superseded ;  and  the  provisions  of  this  act,  so  far  as  they 
are  the  same  as  those  of  existing  laws,  shall  be  construed 
as  a  continuation  of  such  laws,  and  not  as  new  enactments  ; 
and  references  in  laws  not  repealed  to  provisions  of  laws 
incorporated  herein,  shall  be  construed  as  applying  to  the 
same  provisions  so  incorporated. 

Schedule  of  Acts  Repealed. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty.  List  of  acts 

Chapter  138.    An  act  concerning  municipal  elections.  " 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty-one. 
Chapter  145.    An  act  defining  the  qualifications  of  voters  for  representatives  to  Congress. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty-two. 
C  hapter  180.    Section  first  of  an  act  relating  to  the  election  of  town  officers. 

Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Siirtiy-three. 

Chapter  144.    An  act  concerning  elections  in  cities. 

Chapter  198.    An  act  in  relation  to  the  election  of  moderators  of  tovm  meetings. 

Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty-seven. 

Chapter    50.    An  act  in  relation  to  the  time  of  holding  meetings  for  the  election  of  cer- 
tain officers. 
Chapter  206.    An  act  in  addition  to  an  act  concerning  the  qualifications  of  electors. 
Chapter  240.    An  act  in  relation  to  the  election  of  ward  officers. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty-eight. 

Chapter  211.    An  act  relating  to  the  assessment  of  taxes. 


428 


1874.— Chapter  377. 


Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Sixty-nine. 

Chapter    62.    An  act  concerning  elections  in  cities  and  towns. 

Chapter  443.    An  act  to  repeal  section  one  of  chapter  two  hundred  and  eleven  of  the 

acts  of  the  year  eighteen  hundred  and  sixty-eight,  concerning  the  assess. 

ment  of  taxes. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Seventy-one. 
Chapter    40.    An  act  concerning  the  preservation  of  ballots  in  towns. 

Acts  of  the  Year  One  Thousand  Eight  Hundred  and  Seventy-two. 

Chapter  140.    An  act  to  change  the  time  of  holding  the  annual  municipal  elections  in 

cities. 
Chapter  261.    An  act  in  relation  to  the  change  of  domicile  of  voters  in  cities. 
Chapter  270.    An  act  concerning  elections  in  cities. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Seventy-three. 

Chapter  376.    An  act  to  prevent  fraud  at  elections  in  cities. 

An  Act  of  the  Year  One  Thousand  Eight  Hundred  and  Seventy-four. 
Chapter    20.    An  act  concerning  elections  in  cities. 


Ch.   377. 

Corporators. 


Name  and  pur- 
pose. 


Real  and  per- 
gonal estate. 


Construction  of 
dams. 


Section  59.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  29, 1874. 

An  Act  to  incorporate  the  barre  falls  reservoir  company. 
Be  it  enacted,  &c.,  as  follows : 

Section  1.  Charles  W.  Freelancl,  Charles  W.  Smith, 
J.  Edwin  Smith  and  Charles  A.  Stevens,  their  associates 
and  successors  are  made  a  corporation  by  the  name  of  the 
Barre  Falls  Eeservoir  Company,  for  the  purpose  of  con- 
structing and  maintaining  a  reservoir  of  water  upon  the 
Ware  River  in  the  towns  of  Barre,  Rutland,  Hubbardston 
and  Oakham  in  the  county  of  Worcester. 

Section  2.  Said  corporation  may  hold  real  and  per- 
sonal estate  necessary  and  convenient  for  the  purposes  of 
this  act,  and  its  whole  capital  stock  shall  not  exceed  one 
hundred  and  fifty  thousand  dollars,  which  shall  be  divided 
into  shares  of  one  hundred  dollars  each  which  may  be  held 
by  any  manufacturing  corporation  interested  iii  the  water 
of  said  stream. 

Section  3.  No  dam  shall  be  constructed  under  this  act 
until  the  plans  and  specifications  of  the  same  have  been 
approved  by  an  engineer  appointed  by  the  governor ;  and 
if  at  any  time  during  the  progress  of  the  work  it  appears 
that  said  plans  and  specifications  are  not  being  faithfully 
executed,  then  said  engineer  shall  have  authority  to 
appoint  an  inspector  to  be  constantly  engaged  in  supervis- 
ing the  construction  of  said  dam,  and  upon  a  refusal  of 
said  corporation  or  its  agents  to  adhere  to  said  plans  aud 
specifications,  the  authority  granted  by  this  act  shall  cease. 


1874.— Chapters  378,  379,  380.  429 

All  expenses  or  charges  arising  under  this  section  are  to 
be  paid  by  the  said  reservoir  company. 
'  Section  4.     This  act  shall  take  eifect  npon  its  passage. 

Axjproved  June  30,  1874. 

An  Act  to  amend  an  act  concerning  commercial  fertilizers.     (JJ^^    378. 
Be  it  enacted  &c.,  as  follows  : 

Section  1.     The   license    required   by  section  two  of  ?^'g°^fjjf^^°gg®j.g_ 
chapter  two  hundred  and  six  of  the  acts  of  the  year  one  tiiryofthecom- 

,  Till-  1   mouwealth. 

thousand   eight  hundred  and  seventy-iour  shall  be  issued 
by  the  secretary  of  the  Commonwealth,   in   the  manner 
provided  by  chapter  three  hundred  and  thirty-one  of  the  acts 
of  the  year  one  thousand  eight  hundred  and  seventy. 
Section  2.     This  act  shall  take  eifect  upon  its  passage. 

Approved  June  80,  1874. 

An  Act  to  amend   chapter  one  hundred  and  fifty-eight  of  (J]^^    379. 

THE  acts   of  eighteen  HUNDRED   AND   SEVENTY-FOUR,   RELATING 
TO   THE  ROCKLAND   BANK. 

Be  it  enacted  &c.,  asfolloivs: 

Chapter    one   hundred    and    fifty-eight   of  the  acts    of  garter  revived 

,1  />  .      1  1  1     1      1         '°''  *"^  purpose 

eighteen  hundred  and  seveuty-iour  is  hereby  amended,  by  of  assigning  a 
striking  out  the  first  section  thereof,  and  inserting  in  place  ™°'*^^^^'- 
thereof  the  following  : — 

"  Section  1 .  The  corporation  heretofore  known  as  the 
President,  Directors  and  Company  of  the  Kockland  Bank, 
and  formerly  located  in  Roxbury  is  hereby  revived  and 
continued  for  the  purpose  of  enabling  said  corporation  to 
assign,  transfer  and  set  over  unto  Frank  Moore  as  he  is 
the  administrator  of  the  estate  of  Arad  Moore  late  of  Wal- 
tham  in  the  county  of  Middlesex,  deceased,  a  certain 
mortgage  deed  given  by  James  Taylor  to  George  Taylor, 
dated  September  seventh,  eighteen  hundred  and  fifty-two, 
and  recorded  with  Middlesex  County  deeds,  south  district, 
book  six  hundred  and  thirty-six,  page  five  hundred  and 
twenty-five,  the  real  estate  thereby  conveyed  and  the  note 
and  claim  thereby  secured."  Approved  June  30, 1874. 

An  Act  to  establish  the  salary  of  the  first  clerk  of  the  rji.      380 

ADJUTANT-GENERAL. 

Be  it  enacted  &c.,  as  fellows : 

Section  1.     The  salary  of  the  first  clerk  of  the  adju-  Salary  estab- 
tant-general  shall  be  at  the  rate  of  twenty-two  hundred 
dollars  per  annum. 

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

Approved  June  30, 1874. 


430 


1874.— Chaptee  381. 


Right  of  appeal 
to  the  superior 
court. 


Exceptions  on 
matters  of  law, 


(Jh.    381.  An  Act  to  amend  an  act  to  establish  the  second  district 

COURT  OF  EASTERN  WORCESTER. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  In  all  cases  in  the  second  district  court  of 
Eastern  Worcester  except  where  a  jury  trial  is  had,  or  the 
value  of  the  property  replevied  or  the  amount  claimed  in 
the  writ  does  not  exceed  fifty  dollars,  either  party  may 
appeal  to  the  superior  court  in  the  manner  now  provided 
by  law  for  taking  appeals  from  the  judgment  of  justices 
of  the  peace ;  and  in  cases  where  a  jury  trial  is  had,  ex- 
ceptions and  appeals  on  matters  of  law  may  be  had  to  the 
superior  court  for  the  county,  and  shall  be  entered  at  the 
then  existing  or  next  ensuing  term  of  said  court,  and  shall 
be  heard  and  determined  in  the  manner,  and  at  times  to 
be  prescribed  by  general  rules  of  said  superior  court. 
Any  party  deeming  himself  aggrieved  by  such  determina- 
tion, may  cause  such  exceptions  to  be  entered,  heard  and 
determined  in  the  supreme  judicial  court,  under  the  same 
conditions,  in  the  same  manner,  and  with  the  same  effect, 
as  if  said  exceptions  had  originally  been  taken  and  allowed 
in  the  superior  court :  provided,  hoivever,  that  where  such 
exceptions  are  sustained  by  the  superior  court,  the  cause 
shall  be  at  once  remanded  to  the  district  court  for  a  new 
trial ;  and  yrovided,  further,  that  in  all  cases  of  exceptions 
or  appeals  on  matters  of  law,  if  the  judgment  or  rulings 
of  the  district  court,  being  afiirmed  by  the  superior  court, 
are  also  affirmed  by  the  supreme  judicial  court,  the  pre- 
vailing party  shall  recover  double  costs  unless  the  supreme 
judicial  court  shall  otherwise  order. 

Section  2.  A  clerk  of  said  court  shall  be  appointed 
and  commissioned  by  the  governor  for  the  term  of  five 
years  and  shall  faithfully  perform  all  services  required  by 
law  of  the  clerks  of  like  courts  in  this  Commonwealth, 
and  he  shall  give  bond  with  sureties  satisfactory  to  the 
judge  of  said  court  in  the  sum  of  five  thousand  dollars. 

Section  3.  Sections  three  and  eight  of  chapter  three 
hundred  and  thirty-seven  of  the  acts  of  the  yeaf'  eighteen 
hundred  and  seventy-four,  are  hereby  repealed. 

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

Approved  June  30,  1874. 


Provisos. 


Clerk  to  give 
houd. 


Repeal  of  1874. 
337,  §§  3,  8. 


1874— Chaptees  382,  383.  431 

An  Act  to  authorize  the  county  comshssioners  of  Hampshire  (Jj^^    382. 

COUNTY   to   re-locate  AND   DISCONTINUE   CERTAIN    HIGHWAYS   IN 
THE   TOWNS   OF  NORTHABIPTON  AND   WILLIAMSBURG. 

Be  it  enacted,  &g.,  asfolloivs: 

Section  1 .     The  county  commissioners  of  the  county  Highways  in 
of  Hampshire  may  re-locate,  change  the  location  of,  alter,  M°d  winS,m8- 
or  discontinue,  any  of  the  highways  recently  damaged  or  aitefedo^  dls- 
destroyed  in  the  towns  of  Northampton  and  Williamsburg  continued. 
by  the  breaking  away  of  the  Mill  River  Reservoir,  as  in 
their  judgment  the  public  necessity  and  convenience  may 
require,  without  giving  any  other  or  further  notice  than  is 
required  by  section  two  of  this  act. 

Section  2.     No  such  highway  shall  be  re-located,  or  Notice  to  be 
altered,  unless  five  days  at  least  previous  thereto  a  writ-  uo^uUaiTerT 
ten  notice  of  the  intention  of  the  commissioners  to  locate  ^'^■'  ^'stways. 
anew,  or  alter  the  same  is  left  by  them,  or  by  their  order, 
at  the  usual  place  of  abode  of  the  owner  of  the  land  over 
which  such  highway  is  proposed  to  be  re-located  or  altered, 
or  unless  such  notice  is  delivered  to  such  owner  in  person 
or  to  his  tenant  or  authorized  agent.     If  the  owner  has 
no  such  place  of  abode  in  the  county,  and  no  tenant  or 
authorized  agent  therein,  known  to  the  commissioners,  or 
if  being  a  resident  in  the  county,  he  is  not  known  as  such 
to  the  commissioners,  such  notice  shall  be  posted  up  in 
some  public  place  in  the  town  where  such  change  is  pro- 
posed, five  days  at  least  before  such  re-location  or  altera- 
tion. 

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

Approved  June  30,  1874. 

An  Act  to  cede  jurisdiction  to  the  united  states  over  lands  (7^.    383. 
acquired  for  lighthouse  purposes. 

Be  it  enacted,  &c.,  as  folloivs : 

Section  1.     Jurisdiction  is  hereby  ceded  to  the  United  Junsdiction 

„  /•ii'i'i'^  ceded  to  United 

States  over  any  tracts  oi  land  withm  this  Commonwealth  states  of  lands 
whether  upland  or  covered  by  tide-water  the  title  to  which  ""^  ^'^  ^  °^^^^' 
has  heretofore  been  acquired  by  the  United  States  for  the 
purpose  of  erecting  or  maintaining  lighthouses,  beacon- 
lights,  range  lights,  light-keeper's  dwellings  or  any  signals 
for  navigators  and  over  any  tracts  of  land  whether  upland 
or  covered  by  tide-water  to  which  the  United  States  shall 
acquire  title  from  this  Commonwealth.  Such  jurisdiction 
is  hereby  ceded  subject  to  the  provisions  of  the  two  hun- 
dred and  thirty-third  chapter  of  the  year  eighteen  hundred 
and   seventy-one   entitled  "An   Act   to   provide   for   the 


432  1874.— Chaptees  384,  385. 

acquisition  of  title  by  the  United  States  of  lands  for  light- 
house purposes  and  to  cede  jurisdiction  thereof." 
Governor  to  SECTION  2.     The  STovemor  is  hereby  authorized  to  con- 

GXGCUtG  UGGU.*  ^ 

vey  to  the  United  States  by  deed  executed  and  acknowl- 
edged by  him  in  the  name  and  behalf  of  this  Common- 
wealth the  right,  title  and  interest  of  the  Commonwealth 
in  a  tract  of  land  lying  within  the  limits  of  a  circle  of  two 
hundred  and  four  feet  radius,  having  its  centre  at  longi- 
tude seventy  degrees  fifty-seven  minutes  and  forty-seven 
seconds  west  of  Greenwich  and  forty-one  degrees  and 
twenty-four  minutes  north  latitude  and  comprising  a  reef 
in  the  tide-waters  of  this  Commonwealth,  otf  Cutty  hunk 
Island  known  as  Sow  and  Pigs  Eeef,  for  the  erection  and 
maintenance  thereon  by  the  United  States  of  a  lighthouse, 
beacon-light  or  other  signals  to  navigators. 

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

Approved  June  30,  1874. 

Ch.    384.  An  Act  to  authorize  railroad  corporations  to  aid  in  the  con- 
struction OF  GRAIN  elevators. 
Be  it  enacted,  &c.,  as  follows : 
Railroad  corpo-       SECTION  1.     A  railroad  corporatiou  may  bccomc  an  as- 

rations  may  aid  .    ,  ^      i  i  i       i  j 

in  constructiou  sociatc  uiidcr  the  provisions  ot  chapter  two  hundred  and 
twenty-four  of  the  acts  of  eighteen  hundred  and  seventy 
and  the  acts  in  addition  thereto,  in  the  formation  of  a  cor- 
poration for  the  purpose  of  erecting  and  operating  a  grain 
elevator  or  elevators,  within  the  Commonwealth,  and  may 
take  stock  in  any  elevator  corporation  so  organized,  and 
for  the  purposes  aforesaid,  or  for  the  purpose  of  erecting 
or  operating  such  elevators,  may  increase  its  capital  stock, 
subject  to  the  provisions  of  chapter  three  hundred  and 
ninety-two  of  the  acts  of  the  year  eighteen  hundred  and 
seventy-one.  . 
President  to  SECTION  2.     At  all  meetings  and  in  all  transactions  of 

road^Itmee^'    ail  clcvator  corporatioii  in  which  a  railroad  corporation 
ings  of  corpora.  ^^^^^  j^^^^^  ^^^^^^  ^^^  president  of  said  railroad  corporation, 

or  in  his  absence,  any  officer  appointed  by  its  board  of 
directors,  shall  have  power  to  represent,  act  and  vote,  for 
and  in  the  name  of  such  railroad  corporation. 

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

Approved  June  30,  1874. 

Cll.    385.  An  Act  to  establish  a  reformatory  prison  for  women. 

Be  it  enacted^  &c.,  asfolloivs :  * 

Reformatmy  Section  1.     The  commissiouers  of  prisons,  created  by 

women  convicts  chapter  three  hundred  and  seventy  of  the  acts  of  one  tliou- 

to  lie  erected.  •'■  " 


1874.— Chaptee  385.  433 

« 

sand  eight  huiidred  and  seventy,  are  hereby  anthorized  to 
select  and  determine  a  plan,  and  to  pnrchase  an  eligible 
site  within  the  limits  of  the  Commonwealth,  and  to  cause 
to  be  erected  thereon,  a  suitable  prison  for  a  reformatory 
prison  for  women  convicts,  with  accommodations  for  five 
hundred  prisoners,  together  with  such  honsehold  accom- 
modations for  the  snperintendent  and  family,  and  for  sub- 
ordinate officers,  as  said  board  of  prison  commissioners 
may  deem  necessary. 

And  said  board  shall  have  power  to  make  all  contracts 
and  employ  all  agents  necessary  to  carry  into  effect  the 
provisions  of  this  act :  provided,  that  the  aggregate  ex- 
penses and  liabilities  incurred  by  virtue  thereof  shall  not 
exceed  the  sum  of  three  hundred  thousand  dollars ;  and 
provided,  further,  that  the  selection  and  purchase  of  plans 
for  and  site  of  the  prison,  and  all  contracts  made  by  said 
board  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  the  supervision  of  the 
governor  and  council,  with  power  at  any  time  to  order  a 
discontinuance  of  the  same  :  provided,  further,  that  no 
part  of  said  three  hundred  thousand  dollars  shall  be  ex- 
pended until  contracts  have  been  made  with  reliable  and 
competent  persons  and  suitable  bonds  given  to  perform 
all  the  requirements  of  this  section  for  a  sum  not  exceed- 
ing three  hundred  thousand  dollars. 

Section  2.     The  compensation  of  each  of  said  commis-  Compensation 
sioners  for  this  special  work  shall  be  established  by  the  cis°to"™'fixed' 
governor  and  council,  and  they  shall  keep  an  accurate  cJuS™"'^ '^"'^ 
account  of  their  actual  services  and  expenses,  to  be  allowed 
upon  approval  of  the  governor  and  council,  and  shall  make 
an  accurate  report  of  the  amount  of  their  expenditures  and 
all  their  doings  under  the  first  section  of  this  act,  to  the 
governor  and  council  at  least  once  every  three  months, 
during  the  time  of  the  work  of  carrying  out  the  provisions 
of  the  first  section  of  this  act ;  they  shall  also,  in  their 
annual  report  to  the  legislature,  include  a  full  account  of 
their  doings  under  this  act,  and  shall  be  required  to  com- 
plete the  work  provided  for  in  the  first  section  of  this  act 
within  two  years  from  the  first  day  of  April,  one  thousand 
eight  hundred  and  seventy-four. 

Section  3.  As  soon  as  the  commissioners  of  prisons  whon  prison  is 
have  erected  a  prison  agreeably  to  the  provisions  of  this  crZr  to  ksul""' 
act,  and  the  same  is  ready  to  receive,  safely  keep  and  em-  fstebuXng'the 

same,  &c. 
65  « 


434 


1874.— Chapter  385. 


Appropriations. 


Receipts  for 
labor. 


Officers  of 
prison. 


Officers  appoint- 
ed by  governor. 


Officers  appoint- 
ed by  superin- 
tendent and 
commissioners. 


Salaries  of 
officers. 


'ploy  the  convicts  committed  to  the  same,  the  governor 
shall  issue  his  proclamation  establishing  the  reformatory 
prison  for  women,  and  thereupon  all  female  convicts  duly 
committed  to  the  same,  or  removed  by  order  of  the  com- 
missioners of  prisons  as  hereinafter  provided,  shall  be  kept 
imprisoned,  employed  and  detained,  conformably  to  the 
sentences  or  orders  of  the  courts,  and  the  rules  and  regu- 
lations of  said  prison  duly  made  and  provided. 

Section  4.  AVhen  an  appropriation  of  mone}^  is  made 
by  the  legislature  for  the  support  of  the  prison,  the  gov- 
ernor, with  the  consent  of  the  council,  shall  draw  a  war- 
rant in  favor  of  the  treasurer  of  the  prison,  either  for 
portions  thereof,  or  for  the  whole  amount  at  one  time-,  as 
he  thinks  proper. 

The  receipts  of  the  prison  for  labor  shall  be  paid  quar- 
terly into  the  state  treasury. 

Section  5.  The  officers  of  said  reformatory  prison 
shall  consist  of  one  superintendent,  one  deputy-superin- 
tendent, one  treasurer  and  steward,  one  chaplain,  one 
physician,  one  clerk,  one  school-mistress,  four  matrons, 
four  deputy-matrons,  four  assistant-matrons,  and  as  many 
additional  deputy-matrons  (not  exceeding  four),  and  as 
many  assistant-matrons  (not  exceeding  four),  as  the 
superintendent  and  the  commissioners  of  prisons  may 
judge  necessary. 

Section  6.  The  superintendent,  the  treasurer  and 
steward,  the  chaplain  and  the  physician  shall  also  be  ap- 
pointed by  the  governor,  by  and  with  the  consent  of  the 
council,  and  shall  hold  their  offices  during  the  pleasure  of 
the  same. 

Section  7.  All  other  officers  and  employes  of  said 
prison  whose  appointment  is  not  specifically  provided  for 
in  this  act  shall  be  appointed  by  the  superintendent,  sub- 
ject to  the  approval  of  the  commissioners  of  prisons  and 
advisory  board,  and  shall  hold  their  offices  during  the 
pleasure  of  the  superintendent  and  the  commissioners  of 
prisons. 

Section  8.  The  salaries  of  the  aforesaid  officers  shall 
be  at  the  following  rates  per  annum  ;  to  the  superintend- 
ent, the  sum  of  fifteen  hundred  dollars ;  to  the  deputy- 
superintendent,  the  sum  of  six  hundred  dollars  ;  to  the 
treasurer  and  steward,  the  sum  of  fifteen  hundred  dollars ; 
to  the  chaplain,  the  sum  of  one  thousand  dollars  ;  to  the 
physician,  the  sum  of  one  thousand  dollars ;  to  the  clerk, 


1874.— Chapter  385.  435 

the  sum  of  five  liuudrecl  dollars ;  to  the  school-mistress, 
the  sum  of  live  hundred  dollars  ;  to  each  matron,  the  sum 
of  three  hundred  and  fifty  dollars  ;  to  each  deputy-matron, 
the  sum  of  three  hundred  dollars ;  to  each  assistant-mat- 
ron, the  sum  of  two  hundred  and  fifty  dollars,  in  full  for 
all  services.  Xor  shall  any  perquisite,  reward  or  emolu- 
ment be  paid  to  or  received  b}'-  them,  except  that  all  said 
officers  may  reside  at  said  prison  or  its  dependencies  at 
the  public  charge.  And  all  the  above-mentioned  officers, 
except  the  superintendent,  and  treasurer  and  steward  shall 
be  women.  Either  men  or  women  may  be  appointed  su- 
perintendent, treasurer  and  steward  at  the  discretion  of 
the  governor  and  council. 

Sectiox  9.      The    commissioners    of  prisons,  shall  be  compeneation 
authorized  to  employ,  and  determine  the  compensation  to  cers  to  be  eetab- 
be  paid  to,  the  engineer,  the  farmer,  the  gate-keeper,  the  ISssionJrs."'" 
stable-men,  if  any,  and  other  necessary  male  servants  or 
hired  laborers,  which  compensation  shall  be  paid  by  the 
treasurer  of  the  prison. 

Section  10.     The   superintendent   shall   reside   at    all  superintendent 

.  •   1  •  1  •  T  -\  •  c   ^^  •  *°  reside  withm 

tijues  withm  the  precmcts  or  dependencies  oi  the  prison,  the  precincts  of 
and  shall  have  charge  and  custody  of  all  prisoners  com-  "^p""""- 
mitted  to  said  prison  ;  and  shall  govern  and  employ  them 
in  the  manner  prescribed  by  law  and  in  conformity  to  the 
sentences  under  which  they  are  respectively  committed 
and  the  rules  and  regulations  of  the  prison,  so  long  as 
they  shall  lawfully  be  kept  or  detained  in  said  prison. 
The  superintendent  shall  have  the  management  and  direc- 
tion of  the  prison,  its  servants  and  employes  and  all  its 
affiiirs  not  otherwise  specially  provided  for.  Before  en- 
tering upon  the  duties  of  the  office  the  superintendent 
shall  give  bonds  to  the  Commonwealth  for  the  faithful 
discharge  of  its  duties,  in  such  sum  as  shall  be  prescribed 
by  the  commissioners  of  prisons,  with  such  surety  or 
sureties  as  shall  be  approved  of  by  the  auditors  and  be 
satisfactory  to  the  governor. 

Sectiox  11.  The  treasurer  and  steward  shall  give  Treasurer  and 
bond  or  bonds  to  the  Commonwealth,  with  such  surety  or  bo J^s^^  *°  ^"^^ 
sureties  as  shall  be  approved  by  the  auditors  and  be  satis- 
factory to  the  governor,  for  the  faithful  discharge  of  the 
duties  of  the  office,  in  such  sum  as  shall  be  prescribed  by 
the  commissioners  of  prisons.  The  treasurer  and  steward 
shall  receive  and  pay  out  all  monej^s  granted  by  the  legis- 
lature, which  shall  be  necessary  for  the  support  and  man- 


436 


1874.— Chaptee  385. 


Commiasioners 
of  prisons  and 
advisory  board 
to  have  general 
supervision  of 
prison. 


Powers  of  com- 
missioners of 
prisons. 


Advisory  board 
to  visit  prison 
as  often  as 
t^vice  a  month. 


Female  prison, 
ers  in  houses  of 
correction,  &c., 
may  be  removed 
to  reformatory 
prison. 


agement  of  the  prison,  and  shall  cause  to  be  kept  in  suit- 
able books  of  account  a  full  and  accurate  statement  of  all 
the  property,  expenses,  income  and  business  of  the  prison 
of  every  kind.  And  shall  purchase  all  supplies  necessary 
for  carrying  on  and  managing  the  prison,  and  shall  have 
charge  and  custody  of  the  land  and  buildings  and  depen- 
dencies of  the  prison,  together  with  the  tools,  implements, 
stock,  provisions  and  all  other  property  connected  with  or 
belonging  to  the  same.  And  shall,  moreover,  provide 
and  issue  such  supplies  at  such  time  or  times  as  the  super- 
intendent shall  require  or  prescribe. 

Section  12.  The  commissioners  of  prisons  and  ad- 
visory board  shall  have  the  general  supervision  of  the 
prison,  and  shall  make  all  necessary  rules  and  regulations 
consistent  with  the  laws  of  the  Commonwealth,  for  the 
government  and  direction  of  the  officers  of  the  prison  in 
the  discharge  of  their  duty ;  the  government,  employment 
and  discipline  of  the  convicts  therein,  and  the  custody  and 
preservation  of  the  property  connected  with  said  prison  ; 
and  they  shall  cause  provision  to  be  made  in  said  prison 
or  its  dependencies  for  keeping  the  convicts  therein  em- 
ployed in  some  useful  labor  suited  to  their  respective 
capacities. 

Section  13.  The  commissioners  of  prisons  shall  have 
the  same  power  of  discharging  persons  confined  for  any 
cause  that  overseers  of  houses  of  correction  now  have  in 
those  institutions.  There  shall  also  be  vested  in  said 
commissioners  of  prisons  all  the  powers  in  relation  to  this 
prison  (which  are  not  by  the  provisions  of  this  act  given 
to  the  superintendent,  treasurer  and  board  of  auditors), 
that  county  commissioners  and  overseers  have  in  relation 
to  houses  of  correction. 

Section  14.  The  said  advisory  board,  or  some  mem- 
ber of  it,  shall  visit  said  prison  as  often  at  least  as  twice 
in  each  month,  and  shall  see  that  the  rules  and  regulations 
thereof  are  enforced,  and  the  officers  competent  and  faith- 
ful in  the  performance  of  their  duties ;  and  they  shall 
report  to  the  commissioners  of  prisons  all  defaults  or  vio- 
lations of  duty  which  shall  come  to  their  knowledge  in 
respect  to  the  same. 

Section  15.  The  commissioners  of  prisons  may  re- 
move from  time  to  time  female  prisoners,  held  under  sen- 
tence imposed  after  the  passage  of  this  act  in  any  jail  or 
house  of  correction  in  the  Commonwealth,  the  workhouse 


1874.— Chapter  385.  437 

at  Bridgewater,  or  in  the  house  of  industry  at  Deer  Island, 
to  said  reformatory  prison,  where  the  said  prisoners  shall 
serve  the  remainder  of  their  terms  of  sentence. 

Section  16.     All  warrants  or  other  official  processes,  Warrants  to  be 
or  papers,  or  the  attested  copies  thereof,  by  which  a  pris-  when^pritoners 
oner  is  committed  or  held,  shall  be  transferred  at  the  time  ^J"*^ '"'^^o^ed. 
of   removal   of   such   prisoner,   with   an    order   for   such 
removal  signed  by  the  secretary  of  said  commissioners, 
and  directed  to  a  proper  officer  to  make  such  removal  to 
said  i^rison,  there  to  be  kept  as  if  such  prisoner  were 
originally  committed  thereto. 

Sectiox  17.     Any  court  or  trial  justice  of  the  Com- For  what  offeu- 
monwealth  having  cognizance  of  an  ofi'ence  punishable  by  ^«?d7  ^^ ''°™" 
imprisonment  in  a  jail,  house  of  correction  or  house  of 
industry,   before  whom  any  female  may  be  convicted  of 
such  offence,  may  sentence  such  female  therefor,  to  the 
reformatory  prison  for  women. 

Sectiox  18.     Any  officer  qualified  to    serve  criminal  commitment  by 
processes  in  any  county  of  the  Commonwealth,  is  empow- 
ered to  serve  any  process  of  commitment  or  removal  to 
said  prison  as  provided  in  this  act.     The  costs  and  ex-  costs  and  ex- 
penses of  such  .commitment  or  removal  shall  be  taxed  and  p^"^''*- 
allowed  by  the  respective  district-attorneys  in  the  same 
manner    as    county    costs    and    expenses    are   taxed   and 
allowed,  and  shall  be  paid  out  of  the  state  treasury. 

Section  19.     The   superintendent  of  said  reformatory  Reports  and 
prison  for  women  shall  make  to  the  commissioners  of  pris-  '■^'"™^- 
ons  and  board  of  state  charities  such  reports  and  returns 
as  are  required  by  law  to  be  made  by  the  keepers  of  pris- 
ons to  the  said  board  of  state  charities. 

Section  20.     The  keepers  of  jails  and  masters  of  houses  fcXVend  to 
of  correction,  the   superintendents  of  houses   of  industry  commissioners 

,  ,  ,  1      11  1  /•  1      •  -J,      -,    ,       abstractor mit- 

ancl  workuouses  shall,  whenever  a  lemale  is  committed  to  timus  on  which 
the  prison  under  their  respective  charge,  forthwith  trans-  coXS^ted! 
mit  to  the  secretary  of  the  commissioners  of  prisons,  such 
an  abstract  of  the  mittimus  on  which  she  is  committed  as 
the  said  commissioners  may  prescribe. 

Section  21.     Females  convicted  of  any  of  the  offences  ll^^XJel 
enumerated  in    sections    twenty-eight   and   thirty-five    of '."  ^- ^:  ^*^^' 
chapter  one  hundred  and  sixty-five  of  the  General  Statutes, 
shall,  after  the  proclamation  as  provided   for  in  section 
three  of  this  act,  be  sentenced  to  the  reformatory  prison 
for  women,  for  a  term  not  more  than  two  years.  Annual  report 

Section  22.     The  commissioners  of  prisons   shall  an- *° ''^  ^'^'^'^  ^y 
nually,   before  the  fifteenth  day  of  December,   make   a 


438 


1874.— Chapter  385. 


Receipts  for 
labor  to  he  paid 
into  treasury, 
monthly. 


Salaries  to  be 
paid  monthly. 


report  to  the  governor  and  council,  who  shall  lay  the  same 
before  the  legislature,  in  print,  in  the  month  of  January 
following.  The  report  shall  embrace  a  statement,  which 
shall  be  made  to  them  by  the  superintendent,  of  the  gen- 
eral condition  of  the  prison,  the  amount  of  its  liabilities 
and  of  outstanding  claims,  giving  the  names  of  the  per- 
sons indebted,  the  sum  due  from  each,  and  when  payable. 
It  shall  contain  a  detailed  account  of  the  expenditures 
for  the  prison  ;  the  names,  position,  pay  and  allowances  of 
the  several  officers  and  employees ;  a  copy  of  all  contracts 
made  within  the  current  year ;  the  sum  received  for  the 
labor  of  prisoners,  giving  the  names  of  contractors  for 
whom  the  labor  was  performed,  the  kinds  of  labor,  the 
number  of  days  and  pay  per  day,  of  each ;  and  also  the 
actual  average  cost  of  the  support  of  each  inmate.  The 
said  commissioners  shall  also  present  in  said  report,  an 
estimate  of  the  sum  that  will  be  required  to  meet  the  ex- 
penses of  the  prison  for  the  following  year,  specifying 
separately  the  amount  for  salaries,  for  subsistence,  for 
clothing,  for  bedding,  for  fuel,  for  repairs  and  for  inci- 
dentals, together  with  an  estimate  of  the  probable  income 
from  labor  and  from  all  other  sources. 

Section  23.  An  annual  appropriation  shall  be  made 
from  the  treasury  for  the  support  of  the  prison  ;  and  all 
receipts  for  labor  of  prisoners,  and  for  articles  sold  at  the 
same,  shall,  as  often  as  once  in  each  month,  be  paid  over 
to  the  treasurer  of  the  Commonwealth,  who  shall  receipt 
for  the  same. 

Section  24.  The  salaries  and  pay  of  all  officers  and 
employees  at  the  prison,  and  the  payment  of  all  bills  for 
supplies,  and  for  other  expenditures  for  said  prison, 
shall  be  paid  monthly  from  the  treasury  of  the  Common- 
wealth, the  same  having  first  been  certified  by  the  auditor 
of  said  Commonwealth  upon  schedules,  (accompanied  by 
vouchers),  enumerating  the  bills  and  pay-rolls.  The  name 
of  each  officer  and  his  or  her  position,  the  amount  of  his 
or  her  pay  and  the  sum  due  to  him  or  her,  shall  be  borne 
on  the  pay-roll,  which  together  with  the  several  bills, 
shall  be  certified  by  the  treasurer  and  steward,  and  ap- 
proved by  the  superintendent.  A  record  in  full  of  the 
pay-rolls  and  bills,  shall  be  made  b}^  the  clerk  in  a  book 
kept  for  the  purpose  at  the  prison,  and  the  originals  depos- 
ited with  the  auditor  of  the  Commonwealth,  as  vouchers. 

Section  25.     This  act  shall  take  eflfect  upon  its  passage. 

AiJproved  June  30, 1874. 


1874.— Chapter  386.  439 


An  Act  to  provide  for  taking  the  industrial  statistics  and  nj^^    ggg 

DECENNIAL   CENSUS   OF   THE   COMMONWEALTH. 

Be  it  enacted,  c&c,  as  follows : 

Section  1.     The  industrial  statistics  of  the  Commou-  industrial  statis. 
wealth  for  the  year  eighteen  hundred  and  seventy-five  moweauh  to""' 
shall  be  gathered  under  the  direction  of  the  bureau  of  sta-  ^^e  taken. 
tistics  of  labor  by  such  of  the  assessors  of  the  several  cities 
and  towns  as  said  bureau  shall  appoint. 

Section  2.  The  decennial  census  of  the  Common-  Decennial  cen. 
weath,  required  by  articles  twenty-one  and  twenty-two  ^"^ 
of  the  amendments  to  the  constitution,  shall  be  taken  l)y 
the  same  persons  as  are  appointed  to  gather  the  industrial 
statistics  as  provided  in  the  preceding  section,  and  the  re- 
turns thereof  shall  be  returned  into  the  office  of  the  secre- 
tary of  the  Commonwealth. 

Section  3.     The  secretary  of  the  board  of  education,  secretaries  of 
the  secretary  of  the  board  of  agriculture,  and  the  hisurance  tiwi'amiagd.^^ 
commissioner,   shall  revise  the  schedule  of  heads   of  in-  insurlncrcom- 
formation  set  forth  in  chapter  one  hundred  and  forty-six  ^ge^gXediUes'^.'^ 
of  eighteen  hundred  and  sixty-five,  and  suggest  to  said 
bureau  such  alterations  therein,  and  additions  thereto  re- 
lating to  the  subjects  within  their  several  departments  as 
they  may  respectively  deem  advisable  ;  and  the  officers  of 
said  bureau  shall  revise  the  schedule,  with  the  alterations 
and  suggestions  thus  proposed,  and  lay  the  same,  so  re- 
vised, before  the  governor  and  council  for  their  approval, 
on  or  before  the  first  day  of  December  next ;  and  the  said 
schedule,  when  approved  by  the  governor  and  council, 
shall  take  the  place  of  and  be  substituted  for  the  schedule 
contained  in  said  chapter  one  hundred  and  forty-six  of 
eighteen  hundred  and  sixty-five. 

Section  4.  So  ftir  as  the  returns  of  the  industrial  Returns  of  in. 
statistics  from  the  several  cities  and  towns  relate  to  the  tics. 
amount,  description  and  value  of  stock,  and  fuel  con- 
sumed, and  of  articles  manufactured, — to  the  produce  of 
land,  quarries,  kilns,  coal-beds,  ore-beds,  and  fisheries, — 
to  wool,  wood,  bark,  charcoal,  farm  products,  live  stock, 
ice  and  products  of  like  character, — to  vessels  and  boats 
built  and  buildings  erected, — they  shall  embrace  the  year 
ending  on  the  first  day  of  May  in  the  year  eighteen  hun- 
dred and  seventy-five,  and  in  all  other  particulars  shall 
state  the  fticts  as  they  shall  exist  in  the  respective  cities 
and  towns  on  said  first  day  of  May,  eighteen  hundred  and 
seventy-five,  agreeably  to  such  general  directions  as  may 


440  1874.— Chapter  387. 

be  seasonably  prescribed  by  the  bureau  of  statistics  of 
labor. 
Abstracts  of  the      SECTION  5.    The  Said  burcau,  after  it  shall  have  gathered 
re  uine.  ^j^^  facts  as  Called  for  by  this  act,  shall  cause  to  be  pre- 

pared and  printed  true  abstracts  of  the  same  for  the  use  of 
the  legislature. 
Penalty  for  ncg-       Section  6.     If  any  party  authorized  by  said  bureau  to 
true°et™nis!       collcct  statistics  uudcr  this  act  shall  wilfully  neglect  to 
make  true  returns  of  his  doings,  as  may  be  called  for,  he 
shall  forfeit  and  pay  a  fine  not  exceeding  two  hundred 
dollars  ;  and  if  any  person  shall  refuse  to  give  information 
required  by  this  act,  to  a  person  duly  authorized  to  receive 
the  same,  he  shall  forfeit  and  pay  a  fine  not  exceeding  one 
hundred  dollars. 
Fines  to  accrue        SECTION  7.     All  fiucs  arising  uudcr  this  act  may  be 

to  the  Common-  ^     .  .        r-  jj''tj_'  i* 

wealth.  recovered  m  any  court  oi  competent  jurisdiction,  b}'^  in- 

formation or  complaint  of  the  attorney-general,  and  shall 
accrue  wholly  to  the  Commonwealth. 

Repeal.  Section  8.     So  much  of  section  three  of  chapter  sixty- 

nine  of  the  acts  of  the  year  one  thousand  eight  hundred 
and  sixty-five  as  is  inconsistent  with  the  provisions  of  this 
act  is  hereby  repealed. 

Amendments.  Section  9.  Chapter  ouc  liuudred  and  forty-six  of  the 
acts  of  the  year  one  thousand  eight  hundred  and  sixty-five 
is  hereby  amended  so  as  to  conform  to  the  provisions  of 
this  act. 

Section  10.    This  act  shall  take  efiect  upon  its  passage. 

Approved  June  30,  1874. 

Ch.    387.  -^N  Act  in  addition  to  an  act  to  authorize  the  city  of  boston 

TO  LAY  out  a  public  STREET  OR  WAY  ACROSS  SOUTH  BAY. 

Be  it  enacted,  &c.,  as  follows: 

Grade  of  street       Section   1,      If  any  difierencc  of  opinion  shall  arise 

Bay  a^t  crossing   bctwecn  thc  city  of  Boston  and  the  New  York  and  New 

I^New^Engiand  England  Raih'oad  Company  with  reference  to  the  grade  at 

Railroad.  which  the  Way  authorized  by  the  seventy-eighth  chapter  of 

the  acts  of  eighteen  hundred  and  sixty-nine,  and  by  the 

one  hundred  and  fourteenth  chapter  of  the  acts  of  eighteen 

hundred  and  seventy-four,  shall  cross  the  tracks  of  said 

railroad,  or  as  to  the  raising  or  lowering  the  said  way,  or 

the  tracks  of  said  railroad,  or  as  to  the  relative  grade  of 

said  way  and  said  railroad,  either  party  may  aj^ply  to  the 

board  of  railroad  commissioners,  and  thereupon  said  board 

shall  as  soon  as  possible  fix  the  grade  of  said  railroad  at 

the  place  where  said  way  shall  cross  it  so  as  to  enable  the 


1874.— Chapter  388.  441 

said  city  to  lay  out  said  way  under  said  railroad  at  no 
lower  grade,  or  to  lay  out  said  way  over  said  railroad  at 
uo  higher  grade,  than  the  public  interests  require. 

Section  2.    The  said  railroad  company  shall  at  its  own  caiuoadto 
expense  change  the  grade  of  said  raih-oad  to  conform  to  dhxcfe/by*^^  ^^ 
the  grade  fixed  by  said  board  of  railroad  commissioners  commissioners. 
within  one  year  after  the  fixing  of  said  grade  ;  and  the 
said  city  shall  build  at  its  own  expense  an  iron  bridge  for 
said  crossing  to  the  satisfaction  of  said  board,  and  of  suffi- 
cient width  for  a  double  track,  and  the  expense  of  main- 
taining and  repairing  the  abutments  of  said  bridge  shall 
thereafter  be  borne  by  said  city. 

Sectiox    3.       The  supreme  judicial   court    shall   have  s.  j.  c.  to  have 
jurisdiction    in    equity   to    compel    compliance    with    all  i'^m^tyf"°'^  "* 
orders,  decrees  and  judgments  of  the  said  board  of  rail- 
road commissioners  made  under  the  authority  of  this  act. 

Section  4.     Nothing  in  this  act  shall  prevent  the  said  cityandraii. 
city  and  the  said  railroad  company  from  entering  into  an  info  ^%Tee^^ 
agreement  with  reference  to  the  grade  of  said  railroad  and  '"'°*'  p'-""^"^"^' 
of  said  wa}^ :  provided,  said  way  shall  not  cross  said  rail- 
road at  grade.  Approved  June  30,  1874. 

An  Act  in  relation  to  the  distijibution  of  damages  in  cases  of  (JJi,    388 

WATER  SUPPLY  TO  CITIES  AND  TOM'NS  AND  FOR  THE  LAYING  OUT, 
ALTERATIOX  OR  DISCONTINUANCE  OF  AVAYS  AVHERE  THERE  ARE 
SEPARATE  INTERESTS  IN  LANDS. 

Be  it  enacted,  &c.,  as  follows : 

Section  1.     The  provisions  of  sections  seventeen,  eight-  Asseesmentof 
een,  fifty-three,   fifty-four,  fifty-five,  fifty-six,  fifty-seven  takinTwater, 
and  fifty-eight  of  chapter  forty-three  of  the  General  Stat-  ^°d  towns •''^ 
utes  shall  be  applicable  in  all  future  proceedings  for  the 
assessment  of  damages  heretofore  or  hereafter  sustained  by 
the  taking  of  the  water  of  any  river  or  other  body  of  water 
by  any  city  or  town  authorized  so  to  do  by  any  act  already 
or  hereafter  passed,  or  by  such  taking  of  any  land,  rights 
of  way,  water-rights  or  easements  or  by  the  erection  of  any 
dam  or  by  the   construction  of  any  aqueduct,  reservoir, 
water-way  or  any  other  works  for  the  purpose  of  supplying 
water  to  such  city  or  town. 

Section  2.     Any  party  in  interest  may  apply  for  the  Any  party  in 
assessment  of  damages  under  this  act  or  under  section  appi'^fora'^s'^ess- 
seventeen  of  chapter  forty-three  of  the  General  Statutes,  '^'''^^• 
and  thereupon  like  notice  of  such  proceedings  shall  be 
given   to  the    other   parties    in    interest   with    the    same 
rights  and  efiect  as  to  such  other  parties  as  is  provided  in 

56 


M2  1874.— Chapter  388. 

sections  fifty-three  to  fifty-eight  inclusive  of  said  chapter 
When  an  inter-   foitv-three.     Iq  auv  proceedino-s  under  this  act  or  any  of 

est  19  unrepre-  •'  .  ,  •i/--ti./»  ^  i 

sented,  guardian  the  scctious  hcreui  named  ot  said  chapter  lorty-three  when 
beapp^TeY  •  it  shall  appear  that  any  interest  is  unrepresented  by  reason 
of  any  contingency  or  other  cause  by  which  the  owner 
thereof  is  unknown  or  cannot  then  be  ascertained,  a  guar- 
dian ad  litem  may  be  appointed  by  the  tribunal  wherein 
such  proceedings  are  pending,  to  represent  such  interest 
or  the  judge  of  probate  for  the  county  in  which  such  pro- 
ceedings are  pending  may  upon  the  petition  of  any  party 
in  interest  after  such  notice  as  he  may  order  to  all  persons 
who,  or  whose  issue  unborn  may  be  or  may  become  inter- 
ested in  such  apportionment,  appoint  a  trustee  who  upon 
giving  such  bond  as  the  judge  of  probate  may  require,  shall 
represent  such  otherwise  unrepresented  interest  and  shall 
receive,  hold,  manage  and  invest  any  sum  which  may  be 
receivable  on  account  of  such  interest  in  case  of  the  appor- 
tionment aforesaid,  for  the  benefit  of  the  parties  entitled  to 
such  interest  and  shall  pay  the  same  over,  principal  and 
interest,  to  such  parties  whenever  they  become  entitled 
thereto.  Such  guardian  ad  litem  in  the  absence  of  the 
appointment  of  any  such  trustee  and  such  trustee  when 
appointed  and  qualified  shall  have  like  power  to  represent 
such  interest  of  parties  who  are  not  ascertained  as  afore- 
said in  all  proceedings  for  the  assessment  of  damages  and 
for  the  adjustment  and  compromise  of  the  same  and  for  the 
appointment  of  any  trustee  to  hold  the  same  as  any  owner 
thereof  could  have,  and  any  execution  which  may  issue  to 
recover  such  damages  shall  issue  in  the  name  of  such  guar- 
dian ad  litem  or  trustee  with  or  without  any  of  the  other 
parties  to  said  proceedings  as  may  be  necessary.  Any 
guardian  ad  litem,  or  trustee  appointed  hereunder  to  repre- 
sent the  interest  of  unknown  parties  may  be  allowed  such 
costs  in  any  proceedings  for  the  assessment  of  damages 
hereunder,  including  counsel  fees,  as  may  be  ordered  by 
the  court  in  which  such  proceedings  are  finally  determined, 
to  be  paid  out  of  the  total  amount  of  damages  collected,  or 
in  case  of  apportionment  of  such  damages,  from  the  portion 
thereof  belonging  to  the  interest  represented  by  such  guar- 
dian ad  litem  or  trustee. 
Certain  damages      SECTION  3.     The  auiouut  to  bc  placcd  iu  trust  uudcr  the 

to  be  awarded  .    .  ^  .  .  .  n     \         ,         c      l      J^^  jy  t.\ 

separately.  provisious  01  scctiou  sevcuteeu  ot  Chapter  torty -three  or  tne 
General  Statutes  and  in  like  cases  under  this  act  shall  only 
include  the  damages  to  the  whole  property  assessed,  when 


1874.— Chapters  389,  390,  391.  M3 

the  value  thereof  is  ascertained  and  any  damage  special  to 
any  separate  estate  therein,  and  all  interest  or  other  earn- 
ings that  may  accrue  for  any  time  intervening  between  the 
taking  and  the  time  when  such  damages  to  the  whole  prop- 
erty are  to  be  received  by  the  trustee  appointed  to  hold 
the  same,  shall  be  awarded  in  the  same  proceedings  sepa- 
rately and  be  payable  to  the  parties  respectively  entitled 
thereto.  Apjyroved  June  30, 1874. 

An  Act  to  declare  women  eligible  to  serve  as  members  of  QJ^     3g9 

SCHOOL  COMMITTEES. 

Be  if,  enacted,  &c.,  as  follows  : 

Section  1.     No  person  shall  be  deemed  to  be  ineligible  women  may 
to  serve  upoii  a  school  committee  by  reason  of  sex.  colI^ittel!^°°^ 

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

Approved  Juni  30,  1874. 

Aisr  Act  to  change  the  name  of  the  duxburt  wharf  company  QI^^    390. 

AND   for   other  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  Duxbury  Wharf  Company  shall  here-  Name  changed. 
after  be  known  as  the  Duxbury  Improvement  Company. 

Section  2.     Said  company  is  authorized  to  increase  its  May  increase 
capital  stock  to  an  amount  not  exceeding  one  hundred  '^^^^ »  ^  oe  . 
thousand  dollars,   and  to  hold  by  purchase  or  otherwise 
upland  or  marsh  lands  not  exceeding  five  hundred  acres  in 
area,  and  may  improve,  occupy  or  sell  the  same  :  provided,  Provisos. 
that  no  tiats  shall  be  filled  or  walls  built  unless  with  the 
consent  of  the  harbor  commissioners,  and  subject  to  the 
provisions  of  chapter  four  hundred  and  thirty-two  of  the 
acts  of  the  year  one  thousand  eight  hundred  and  sixty-nine  : 
and  provided,  fui^ther,  that  said  company  shall  not  hold, 
except  by  purchase,  any  lands  or  flats  north  or  west  of  the 
south  and  east  lines  of  the  estates  of  Thomas  Southworth, 
and  that  all  improvements  of  marsh  lands  and  the  build- 
ing of  roads  shall  be  done  with  the  consent  of  the  select- 
men of  the  town  of  Duxbury. 

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

Approved  June  30,  1874. 

An  Act  to  authorize  a  loan  for  the  construction  of  a  state  Qjt      QQ1 

PRISON  AND  A  REFORMATORY  PRISON  FOR  WOMEN,  AND  TO  ESTABLISH 
A  SINKING  FUND  FOR  THE  SAME,  AND  FOR  THE  DANVERS  LUNATIC 
HOSPITAL  LOAN. 

Be  it  enacted,  &c.,  asfolloivs : 

Section  1.     For  the  purpose  of  meeting  any  expenses  Balance  of 
incurred,  and  that  may  be  incurred,  under  the  provisions  pdSfouTelp"' 

propriated. 


444  1874.— Chapter  391. 

of  chapter  one  hundred  and  fifty-five  of  the  acts  of  the 
year  eighteen  hundred  and  seventy-three,  entitled  "An 
Act  authorizing  the  construction  of  a  new  state  prison 
building,"  or  of  any  act  or  acts  supplementary  thereto, 
the  unexpended  balance  of  the  former  appropriation  of 
one  million  dollars  is  hereby  re-appropriated  :  provided, 

fx  ended^unLss  ^^^^^  ^^^  P^^"^  °^  ®^^^  appropriation  shall  be  expended  for 
whole  work  can  constructlou  uutil  the  govcmor  and  council  shall  have  sat- 

be  done  for  siun   •    /.      ,  xi     i.   j.i  i      i  i  •  t     i     f         • 

appropriated,  isiactory  assuraucc  that  the  whole  work  provided  for  in 
the  acts  above-mentioned  can  be  completed  for  the  sum 
herein  appropriated.  And  for  meeting  any  expenses  that 
may  be  incurred  under  the  provisions  of  chapter  three 
hundred  and  eighty-five  of  the  acts  of  the  present  year, 
entitled  "  An  Act  to  establish  a  Reformatory  Prison  for 
Women,"  and  of  any  act  or  acts  supplementarj^  thereto, 
the  sum  of  three  hundred  thousand  dollars  is  hereby  ap- 
propriated. And  the  treasurer  is  hereby  authorized,  upon 
the  order  of  the  governor  and  council,  to  issue  scrip  or 
certificates  of  debt  to  an  amount  not  exceeding  one  million 
three  hundred  thousand  dollars,  for  the  purpose  aforesaid, 
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. 
bJr^oTmoncJ  Section  2.  The  treasurer,  under  the  direction  of  the 
under  direction  govcmor  aiid  couiicil,  may  bori'ow  in  anticipation  of  the 

of  governor  and    p  /.i  •  I'l-i'  i 

council.  issue  of  the  scrip  authorized  in  this  act,  such  sums  as  may 

be  necessary  for  the  purposes  mentioned  in  the  first  sec- 
tion hereof:  provided,  that  the  whole  amount  borroAved 
by  authority  hereof,  shall  not  exceed  the  sum  of  one  mil- 
lion three  hundred  thousand  dollars. 

be'e^tabushed!"  SECTION  3.  To  providc  for  the  payment  of  the  scrip 
or  certificates  of  debt  to  be  issued  under  the  authority  of 
this  act,  and  also  for  the  redemption  of  the  scrip  issued 
under  the  authority  of  chapter  two  hundred  and  thirty- 
nine  of  the  acts  of  the  year  eighteen  hundred  and  seventy- 
three,  entitled  "An  Act  to  establish  a  Hospital  for  the 
Insane  in  the  north-eastern  part  of  the  Commonwealth " 
or  of  any  act  or  acts  in  addition  thereto,  a  sinking  fund  is 
hereby  established,  to  be  composed  of  the  proceeds  of  the 
sales  of  the  present  state  prison  at  Charlestowu,  with  the 


1874.— Chapter  392.  445 

lands  and  property  connected  therewith,  which,  as  soon  as 
the  public  convenience  will  permit,  shall  be  sold  under  the 
direction  of  the  governor  and  council,  and  the  proceeds 
thereof  paid  into  the  state  treasury  for  this  purpose.  If 
the  receipts  from  this  source  do  not  in  any  fiscal  year 
amount  to  a  sum  equal  to  three  per  centum  of  the  total 
amount  of  scrip  or  certificates  of  debt  then  issued,  then 
there  shall  be  raised  by  taxation  in  the  next  succeeding 
year  a  sum  equal  to  the  difi'erence  between  the  amount  of 
said  receipts  and  three  per  centum  of  the  amount  of  the 
scrip  or  certificates  of  debt  then  issued :  provided,  that 
the  said  tax  may  be  omitted  after  the  fund  hereb}'  estal> 
lished  shall  have  amounted  to  a  sum,  which,  with  its  ac- 
cumulations of  interest,  will  be  sufficient  to  pay  the  said 
scrip  at  maturity.  The  said  fund,  together  with  its  accu- 
mulations of  interest,  shall  be  invested  as  is  now  or  may 
be  provided  by  law  for  the  investment  of  such  funds,  and 
shall  be  pledged  and  held  as  the  sinking  fund  hereby  es- 
tablished, and  shall  be  used  for  the  redemption  and  pay- 
ment of  the  said  scrip  or  certificates  of  debt  and  for  no 
other  purpose  whatsoever. 

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

Approved  June  30,  1874. 

An  Act  to  establish  the  fikst  district  court  of  eastern  mid-  rjj,      399 

DLESEX. 

Be  it  enacted,  <fcc.,  asfolloivs  : 

Section  1.  The  towns  of  Wilmington,  North  Reading,  First  district 
Reading,  Stoneham,  Wakefield,  Melrose,  Maiden,  Everett  Middiese/eaf™ 
and  Medford  shall  constitute  a  judicial  district  under  the  t^^^^®"^- 
jurisdiction  of  the  court  hereby  established  under  the  name 
of  the  First  District  Court  of  Eastern  Middlesex.  Said  court 
shall,  except  as  is  hereinafter  provided,  have  the  same  ju- 
risdiction, power  and  authority  and  shall  perform  the  same 
duties  and  be  subject  to  the  same  regulations  as  are  pro- 
vided with  respect  to  existing  police  courts,  (except  the 
municipal  courts  of  Boston  and  Worcester)  by  chapter 
one  hundred  and  sixteen  of  the  General  Statutes,  and  by 
all  general  laws  passed  in  amendment  thereof,  applicable 
to  the  several  police  courts  of  the  Commonwealth  ;  and  all 
provisions  of  law  relating  to  criminal  and  civil  proceedings, 
the  taxation  of  costs,  the  payment  of  fines,  the  expenses 
of  court,  the  accounting  and  settling  with  county  and  town 
for  money  paid  into  court  as  forfeitures  or  otherwise,  and 
all  the  other  returns  and  requirements  of  law  applicable 


446 


1874.— Chapter  392. 


One  standing 
justice  and  two 
special  justices 
to  be  appointed. 


Clerk  to  give 
■bond. 


Either  justice 
may  issue  war- 
rants. 


Terms  of  the 
court. 


Salaries  of  jus- 
tice and  clerk. 


Compensation 
of  special  jus- 
tices. 


Jurisdiction  of 
the  court. 


to  the  several  police  courts  of  the  Commonwealth,  except 
those  before  mentioned,  shall  apply  to  the  first  district 
court  of  Eastern  Middlesex. 

Section  2.  Said  district  court  shall  consist  of  one 
standing  justice  and  two  special  justices  to  be  appointed, 
commissioned  and  qualified  pursuant  to  the  constitution 
and  laws. 

Sectiox  3.  A  clerk  of  said  court  shall  be  appointed 
and  commissioned  by  the  governor  and,  shall  faithfully 
perform  all  services  required  by  law  of  the  clerks  of  like 
courts  in  this  Commonwealth  and  shall  give  bond  with 
sureties  in  the  sum  of  five  thousand  dollars  for  the  faithful 
performance  of  his  duties. 

Section  4.  Either  of  the  justices  may  issue  warrants 
in  all  proper  cases.  No  justice  of  the  peace  shall  here- 
after be  allowed  any  fees  for  warrants  issued  within  said 
district,  and  all  warrants  so  issued  shall  be  made  return- 
able before  said  court. 

Section  5.  Said  court  shall  be  held  in  Maiden  Mon- 
days, Tuesdays,  Fridays  and  Saturdays  and  in  Wakefield 
on  Wednesdays  and  Thursdays  of  each  week  for  criminal 
business,  at  nine  o'clock  in  the  forenoon,  except  on  legal 
holidays  in  some  suitable  places  to  be  furnished  l)y  the 
county  of  Middlesex.  Said  court  shall  be  held  for  civil 
business  weekly  in  Maiden  on  Saturdays  and  in  Wakefield 
on  Wednesdays. " 

Section  6.  The  standing  justice  of  said  court  shall 
receive  an  annual  salary  of  two  thousand  dollars  to  be 
paid  from  the  treasury  of  the  Commonwealth.  The  com- 
pensation of  the  special  justices  shall  be  determined  and 
paid  in  the  manner  now  provided  by  law  for  the  special 
justices  of  the  police  courts.  The  clerk  of  said  court 
shall  receive  an  annual  salary  of  one  thousand  dollars  to 
be  paid  from  the  treasury  of  the  Commonwealth. 

Section  7.  Said  court  shall  have  original  concurrent 
jurisdiction  with  the  superior  court  in  the  county  of  Mid- 
dlesex, in  all  civil  actions  and  proceedings  in  which  the 
de])t  or  damages  demanded,  or  property  replevied,  does 
not  exceed  in  amount  or  value  three  hundred  dollars,  and 
the  jurisdiction  of  said  court  shall,  when  the  plaintifi'  and 
defendant  both  reside  in  the  district,  include  the  jurisdic- 
tion of  other  district  courts  :  j^'^ovided,  that  where  there 
are  two  or  more  plaintifls  or  defendants,  or  one  or  more 
trustees,  the  jurisdiction  of  the  court  shall  not  be  exclu- 
sive unless  all  the  parties  reside  in  the  district. 


1874.— Chaptek  392.  •    447 

Section  8.     When   one  of  several  defendnnts  resides  mit  may  run 
within  the  district,  the  writ  issued  by  such  court  may  run  when  one  oT  ^ 
into  any  county  and  be  served  on  the  other  defendant  or  anteTiskierin" 
defendants,  fourteen  days  at  least  before  its  return  day,  in  *iistrict. 
like  manner  as  if  issued  by  the  superior  court. 

Section  9.  On  the  return  day  of  the  writ  either  party  Trial  by  jury. 
may  demand  a  trial  by  jury  in  writing,  which  shall  be 
granted  by  the  court.  If  neither  party  demand  a  trial  by 
jury,  the  right  to  have  such  trial  shall  be  taken  to  be 
waived.  The  jury  trial  shall  be  in  accordance  with  the 
provisions  of  chapter  one  hundred  and  thirty-two  of  the 
General  Statutes,  and  the  judgment  of  the  court,  in  all 
cases,  shall  be  final,  unless  appeal  be  taken  therefrom,  or 
exceptions  and  appeals  on  matters  of  law  are  had,  as  here- 
inafter provided. 

Section  10.     Where  a  iury  shall  become  necessary  for  Jurors  to  be 

.,,.,,.  ..  >)       mj  ^  ^  ,ji        summoned  from 

the  trial  oi  any  actions  or  proceedings  in  said  court,  the  towns  in  the 
clerk  of  such  court  is  hereby  authorized  and  required  to  *^'®*'"''^*- 
issue  writs  of  venire  facias,  directed  to  the  sheriff  of  the 
county,  or  either  of  his  deputies,  or  a  constal^le  of  any 
city  or  town  in  such  district,  for  the  summoning  of  jurors, 
and  the  jurors  shall  be  summoned  from  the  towns  in  the 
judicial  district. 

Section  11.  In  all  cases  in  said  court,  except  where  a  Right  of  appeal. 
jury  trial  is  had,  or  the  value  of  the  property  replevied, 
or  the  amount  claimed  in  the  writ  does  not  exceed  fifty 
dollars,  either  party  may  appeal  to  the  superior  court  in 
the  manner  now  provided  by  law  for  taking  appeals  from 
the  judgment  of  justices  of  the  peace ;  and  in  cases  where 
a  jury  trial  is  had,  exceptions  and  appeals  on  matters  of 
law  ma}^  be  had  to  the  superior  court  for  the  county, 
and  shall  be  entered  at  the  then  existino;  or  next  ensuino^ 
term  of  said  court,  and  shall  be  heard  and  determined  in 
the  manner,  and  at  times,  to  be  prescribed  by  general 
rules  of  said  superior  court.  Any  party  deeming  himself 
aggrieved  by  such  determination,  may  cause  such  excep- 
tions to  be  entered,  heard  and  determined  in  the  supreme 
judicial  court,  under  the  same  conditions,  in  the  same 
manner,  and  with  the  same  effect,  as  if  said  exceptions 
had  originally  been  taken  and  allowed  in  the  superior 
court :  provided,  hoivever,  that  where  such  exceptions  are  provisos. 
sustained  by  the  superior  court,  the  cause  shall  be  at 
once  remanded  to  the  district  court  for  a  new  trial ;  and 
provided,  further,  that  in  all  cases  of  exceptions  or  ap- 


448  1874.— Chapter  392. 

peals  on  matters  of  law,  if  the  judgment  or  rulings  of 
the  district  court,  being  affirmed  by  the  superior  court, 
are  also  affirmed  by  the  supreme  judicial  court,  the  pre- 
vailing party  shall  recover  doulile  costs  unless  the  supreme 
judicial  court  shall  otherwise  order. 
Court  may  be         SECTION  12.     When  no  iusticc  is  present  at  the  time 

adjouriiecl  by  • 

sheriff,  when  no  and  placc  appointed  for  holding  a  court,  the  sheriff  of  the 
tohoTdthe*^^^"  couuty,  or  cithcr  of  his  deputies  may  adjourn  the  court 
court.  from  day  to  day,  or  from  time  to  time,  as  circumstances 

require,  or  as  ordered  by  either  of  the  justices,  and  shall 
give  notice  of  such  adjournment  by  making  public  procla- 
mation in  the  room  where  the  court  is  held,  and  by  a  noti- 
fication posted  on  the  door  of  the  court-room. 
Repeal.  SECTION  13.       Scctious    scvcu,    eight,    nine,    eleven, 

twenty-six,  forty  and  sevent^^-eight  of  chapter  one  hun- 
dred and  twenty-nine  of  the  General  Statutes  shall  apply 
to  civil  actions  before  said  court.     Answers  shall  be  in 
writing  when  the  court  so  orders. 
Court  may  es.         Section  14.     Said  coui't  shall  have  power  to  establish 
appoint  officers,  a  scal  thcrcfor,  issue  all  writs  and  processes,  appoint  all 
^'^'  officers  necessary  for  the  transaction  of  the  business  of 

the  court,  and  may  from  time  to  time  make  rules  for  reg- 
ulating the  practice  and  conducting  the  business  therein  in 
all  cases  not  expressly  provided  for  by  law. 
Tetain%^m{eeB       Section  15.     The  justicc  of  Said  court  may  retain  for 
sum  sufficient  to  hls  owu  usc,  fi'om  the  fscs  rcccived  in  said  court,  all  sums 

pay  for  services         •  i    i        i  •         /.        .  i  .  j?  •    i     •       j.- 

ofspeciaijus-  paid  by  him  tor  the  services  ot  any  special  justice :  pro- 
ProviBo.  vided,  the  sum  so  retained  shall  not  in  any  one  year  exceed 

eight  per  centum  of  the  annual  salary  of  such  justice. 
Justice  may  SECTION  16.      The  iustice  of  Said  court  may,   in  the 

commit  insane  ,  ''  I      r'         •  -i 

persons  to  state  abscucc  of  the  iudg-e  of  probate  for  the  county  of  Middle- 

lun&lic  liosDit'ils 

when  judge  of  scx,  commit  to  the  state  lunatic  hospitals  any  insane  per- 
sent."'*^  ^* ''^"  son,  who,  iu  his  opinion,  is  a  proper  subject  for  their 
treatment  or  custody,  in  accordance  with  the  provisions  of 
chapter  two  hundred  and  twenty-three  of  the  acts  of  the 
year  one  thousand  eight  hundred  and  sixty-two,  and  the 
acts  in  addition  thereto. 
Proceedings  Section  17.     All  proceedings  duly  commenced  before 

commenced  be-  .,..  .^.  /.i 

fore  trial  jus.      an}^  trial  justice  or  justice  of  the  peace  for  said  county, 

prosecuted  and   withiii  Said  district,  before  this  act  takes  full  effect,  shall 

determined,  &c.  ^^  prosccutcd  and  determined  as  if  this  act  had  not  been 

passed,  and  except  as  herein  provided,  the  jurisdiction  of 

trial  justices  and  justices  of  the  peace  shall  be  excluded 

within  the  judicial  district  created  by  this  act. 


1874.— Chapters  393,  394.  449 

Section  18.     This  act  shall  take  effect,  so  far  as  relates  when  to  take 
to  appointmg,  commissioning  and  qualifying  the  justices,  ^*®''*' 
sjDecial  justices  and  clerks  of  said  courts,  on  its  passage, 
and  shall  take  full  effect  on  the  first  day  of  September  next. 

Apiyroved  June  30,  1874. 

An  Act  relating  to  deposits  in  savings  banks.  (JJ^^    393. 

Be  it  enacted,  &g.,  as  follows: 

Section  1.     Savings  banks  may  receive  on  deposit,  for  Limit  to  amount 
the  use  and  benefit  of   depositors,   all  sums   of   money  bo'U°cffor"ne 
offered  for  that  purpose,  but  shall  not  hold  at  the  same  depositor. 
time  more  than  one  thousand  dollars  of  any  one  depositor 
exclusive  of  interest  not  exceeding  six  hundred  dollars 
that  shall  have  accrued  thereon  :  provided,  that   the  lim- 
itations contained  in  this  act  shall  not  apply  to  religious  or 
charitable  corporations. 

Section  2.     Section  one  hundred  and  forty-one  of  chap- 
ter fifty-seven  of  the  General  Statutes  is  hereby  repealed. 

Ax>i)roved  June  30,  1874. 

An  Act  to  require  certain  public  officers  to  give  bonds,  and  r^j.      QQ4. 

FOR   OTHER  PURPOSES.  *      '-'^'** 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  Every  district-attorney,  within  sixty  days  District  attor. 
from  the  passage  of  this  act,  and  every  district-attorney  boud.*°  ^'^^ 
hereafter  elected  or  appointed,  before  entering  upon  the 
duties  of  his  office,  shall  give  bond  to  the  Commonwealth, 
with  two  sufficient  sureties,  to  be  approved  by  the  superior 
court,  or  some  justice  thereof,  in  the  sum  of  five  thousand 
dollars,  to  faithfully  account  for  and  pay  over  all  moneys 
received  by  him  in  the  exercise  of  his  office.  The  supe- 
rior court,  at  any  time,  whenever  it  shall  deem  the  sureties 
on  any  bond  so  given  insufficient,  may  require  a  new  bond, 
with  sufficient  sureties.  A  failure  to  give  any  such  bond 
shall  be  deemed  to  be  a  declination  or  resignation  of  the 
office,  and  the  vacancy  may  be  filled  in  the  manner  now 
provided  by  law. 

Section  2.  District-attorneys  shall  commence  suits  to  commence 
upon  all  recognizances  in  criminal  cases  within  their  Suited  w°for-" 
respective  districts,  within  sixty  days  after  default  entered  ^ited  recogni- 

_  ^  J,  ,  "^     .    y  zances  ni  cnmi- 

ot  record,  or  after  they  have  satisflictory  evidence  of  any  nai  cases,  within 
act  which  should  cause  a  forfeiture  thereof,  and  suits  on  *'^  ^  ^^^" 
recognizances  shall  be  entered   and   prosecuted  without 
delay.     But  nothing  herein  containecl  shall  prevent  the 
commencement  or  entry  of  any  such  suit  after  the  expira- 

57 


450  1874.— Chapter  395. 

tion  of  said  sixty  days.  The  district-attorney,  or  other 
prosecuting  attorney,  shall  not  discontinue  any  such  suit, 
except  upon  a  certificate  signed  by  the  sheriff  or  his  deputy 
that  the  amount  of  the  recognizance  and  the  costs  of  suit 
have  been  paid  to  him,  which  certificate  shall  be  filed  in 
court,  or  by  the  consent  or  approval  of  the  court. 
Clerks  of  dis-  SECTION    3.      Evcrv  clcrk  of  a  municipal,  district  or 

trict  &c.  courts* 

justice  of  such     policc  court,  who  has  not  already  ffiven  bond  as  such, 

courts  of  which  j_t  •       j_'  r-  i  i/'i-iii 

thereis  no  clerk,  cvcry  Standing  J ustice  01  such  court  01  which  tnere  is  no 

to  give  bond,      clcrk,  and  every  trial  justice,  within  sixty  days  from  the 

passage  of  this  act,  and  every  such  ofiicer  hereafter  elected 

or  appointed,  before  entering  upon  the  duties  of  his  office, 

shall  give  bond,  with  sufficient  sureties,  to  be  approved 

by  the  superior  court,  or  some  justice  thereof,  in  the  sum 

of  one  thousand  dollars,  to  the  treasurer  of  the  county,  to 

account  for  and  pay  over  all  fines,  costs,  forfeitures,  fees 

and  moneys  which  he  shall  receive  in  the  exercise  of  his 

office.     A  failure  to  so  account,  or  pay  over,  shall  be  a 

Ijreach  of  his  bond.     A  failure  to  give  such  bond  shall  be 

a  sufficient  cause  for  his  removal  from  office. 

STto^notifr"'       Section  4.     The  county  treasurers  shall  annually,  iu 

cei^in  officers    the  moiith  of  Novcmbcr,  notify  all  officers  mentioned  iu 

returns  required  tlic  third  scctiou  in  their  rcspcctivc  counties,  to  make  the 

'^y  law.  returns  required  of  them  by  law,  and  in  such  notice  they 

shall  specify  the  statutes  under  which  returns  are  required 

to  be  made. 

To  return  to  Section  5.     Evei'v  couuty  trcasurcT  shall  annually,  in 

auditor,  annu-  '  i         r»    t  -t        ^  •  j_i    j_     j.i  t  j. 

ally,  statement  the  moiith  oi  January,  return  under  ins  oath  to  the  auditor 
ceived^hy'ti''em  of  the  Commoiiwcalth  a  correct  statement  of  all  fines,  for- 
case"."^*"^'  feitures,  costs,  fees  and  moneys  received  by  him  in  crim- 
inal matters  during  the  year  next  preceding  the  first  day 
of  that  month,  and  from  whom  received,  and  also  the 
name  of  each  magistrate,  or  officer  who  has  failed  to 
account  for  and  pay  over  to  him  as  required  by  law,  and 
what  proceedings  have  been  had  upon  his  bond  or  other- 
wise. A2)X)roved  June  80,  1874. 

(Jll.  395.  An  Act  to  authorize  the  boston  andalbany  railroad  corpo- 
ration TO  AID  IN  THE  CONSTRUCTION  OF  THE  LEE  AND  HUDSON 
RAILROAD. 

Be  it  enacted^  (fie,  as  follows: 
Boston  &  Alba-       Section  1.     The  Bostou  and  Albany  Railroad  Corpo- 
guaranteeTr^     ratiou  is  hereby  authorized  to  indorse,  guarantee,  or  pur- 
o?Le''e&H*u£n  chasc  the  bonds  of  the  Lee  and  Hudson  Railroad  Corpo- 


1874.— Chaptees  396,  397.  451 

ration   not   exceeding    one    hundred   and   fifty  thousand  ^eedbigs^ifo  ooo 
dollars  in  amount. 

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

Ajyproved  Jtme  30,  1874. 

An  Act  to  ajiexd  an  act  entitled  an  act  to  annex  a  poetion  (JJi^    396. 

OF  the  town  of  SHARON  TO  THE  TOWN  OF  WALPOLE 

Be  it  enacted,  &c.,  as  foHotvs : 

Section  1.     The  town  of  Sharon  is  hereby  authorized  sharon  may 

''  assess,  &c., 

to  assess  and  collect  the  taxes  for  the  present  year  on  that  taxes  the  pres- 
portion  of  the  town  of  Sharon  set  off  to  said  town  of  Wal-  part^set^'off^to 
pole  by  chapter  two  hundred  and  twelve  of  the  acts  of  the  ^^^p°^®- 
year  eighteen  hundred  and  seventy-four,  for  its  own  use 
and  benefit. 

Section  2.     The  town  of  Sharon  shall,  for  the  present  ^„°i^i*rw '°^^* 
year,  at  its  own  expense,  keep  the  roads  and  bridges  in  good  order,  and 
said  portion  of  its  territory  set  off  to  Walpole,  in  good  couiuy  taxes. 
order  and  condition ;  and  shall  also  pay  the  amount  of 
state  and  county  taxes  levied  on  the  assessed  valuation  of 
said  portion  of  territory  set  off  as  aforesaid,  when  the  same 
becomes  payable. 

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

Approved  June  30,  1874. 

An  Act  concerning  divorces.  rji^     Qgy 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.     All  divorces  nisi  heretofore  decreed  under  Divorces  «m 
and  by  authority  of  chapter  four  hundred  and  four  of  the  fo"havi%°r'ct°^f 
statutes  of  the  year  eighteen  hundred  and  seventy,  shall  ^^l^'^^^T^^ 
be  deemed  and  taken  to  be,  and  have  the  force  and  effect  party  may  be 
of,  absolute  divorces  from  the  bonds  of  matrimony ;  and  marry  again. 
the  justices   of  the   supreme  judicial    court,  upon   peti- 
tion filed  by  the  party  against  whom  such  divorce  has 
been  granted,  and  upon   such  notice   as  the  court  shall 
order,  may  authorize  such  party  to  marry  again. 

Section  2.  Section  first  of  chapter  two  hundred  and  Amendment  to 
twenty-two  of  the  acts  of  eighteen  hundred  and  sixty-  '  ' 
seven  is  hereby  amended  as  follows,  viz.  : — by  adding  at 
the  end  thereof  the  following  words  :  but  a  decree  of 
divorce  when  personal  service  is  made  on  the  libellee,  or 
when  the  libel  for  divorce  shall  have  been  entered  at  a 
term  prior  to  the  term  granting  a  decree  of  divorce,  shall 
be  a  decree  absolute  and  not  nisi.      Ajjproved  Jtme  30, 1874. 


452 


1874.— Chapter  398. 


Ch        398     ^  ^^"^  ^^  INCORPORATE  THE   TRUSTEES   OF  THE   ANDERSON   SCHOOL 

OF   NATURAL  HISTORY. 


Coi-poratore. 


Name  and  pur- 
pose. 


May  hold  real 
and  personal  es- 
tate to  the  value 
of  $300,000. 


One  of  trustees 
to  preside  over 
school  as  direc- 
tor. 


Five  of  trustees, 
iDcludtng  the 
director,  shaO 
he  resident 
within  the  state. 


Be  it  enacted,  &c.,  as  follows. • 

Section  1.  Alexander  Agassiz,  Thomas  G.  Caiy, 
Martin  Brimmer,  Theodore  Lyman,  L.  F.  de  Pourtales, 
John  A.  Dix  and  Frederick  A.  P.  Barnard,  and  their  snc- 
cessors  are  made  a  body  politic  and  corporate  by  the  name 
of  "  The  Trustees  of  the  Anderson  School  of  Natural  His- 
tory," with  all  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,  so  far  as 
applicable  to  such  corporations,  and  not  inconsistent  with 
the  provisions  of  this  act. 

Section  2.  The  said  corporation  may  receive,  pur- 
chase, hold  and  possess  real  and  personal  property  to  the 
value  of  three  hundred  thousand  dollars,  to  be  used  and 
improved  for  the  establishment  and  maintenance  of  a  school 
for  the  instruction  of  teachers  and  other  students  in  natural 
history  in  connection  with  the  Museum  of  Comparative 
Zoology,  which  is  at  Cambridge. 

Section  3.  One  of  the  said  trustees  shall  preside  over 
the  said  school  as  the  director  thereof  and  the  said  Alex- 
ander Agassiz  shall  be  the  first  director  of  the  said  school, 
and  he  and  his  successors,  to  be  appointed  as  hereinafter 
provided,  shall  from  time  to  time,  appoint  the  teachers  and 
the  lecturers  for  the  various  classes  of  instruction  therein. 
And  the  said  Alexander  Agassiz  may,  by  an  instrument  in 
writing,  signed  by  him  and  under  his  seal,  and  to  be 
deposited,  subject  to  his  power  of  revocation,  in  the 
archives  of  the  said  school,  nominate  and  declare  who 
shall  be  his  successor  as  such  director  and  trustee ;  and 
upon  the  happening  of  a  vacancy  in  said  office,  the  person 
nominated  shall  become  and  be  the  director  and  trustee 
with  power  to  nominate  his  successor :  provided,  alivays, 
that  if  said  Alexander  Agassiz  shall  neglect  to  appoint  his 
successor  in  the  manner  aforesaid,  then,  on  the  happening 
of  a  vacancy  in  the  office  of  director  the  office  shall  be 
filled  in  the  mode  hereinafter  provided  for  filling  a  vacancy 
among  the  trustees,  which  mode  shall  thereupon  be  fol- 
lowed in  all  future  elections  of  director. 

Section  4.  Five  of  the  said  trustees  including  the 
director  shall  be  resident  within  the  Commonwealth,  and 
a  number  of  trustees,  not  exceeding  two,  shall  be  resident 
in  the  city  of  New  York.     One  of  the  trustees  resident 


1874.— Chapters  399,  400.  453 

within  the  Commonwealth,  shall  always  be  the  treasm-er 
of  the  said  school,  and  the  said  Thomas  G.  Gary  shall  be 
the  first  treasurer. 

Sectiox  5.    The  place  of  any  treasurer  or  of  any  of  the  vacancy  in 
trustees  which  shall  become  vacant  shall  be  tilled  by  a  vote  }Jrera°nVtrus- 
of  a  maior  part  of  the  whole  board  of  trustees  at  a  meet-  tees  to  be  mied 

•^         i  by  trustees. 

mg  to  be  convened  for  that  purpose. 

Section  6.     This  act  shall  take  eifect  upon  its  passage. 

Approved  June  30,  1874. 

An  Act  relative  to  the  improvement  of  the  navigation  of  the  (Jj.      qqq 

SOUTH  BAY.  ' 

Be  it  enacted,  &c.,  as  folloivs  : 

Section  1.      The   board    of  harbor   commissioners   is  Harbor  commis- 
authorized  to  license  any  person  or  corporation  to  dredge  uce^nse  the^* 
out  and  otherwise  excavate  any  portion  of  South  Baj'  lying  poitk,'," of°sou*th 
north-westerly  of  the  Boston,  Hartford  and  Erie  Railroad  ^'''y- 
and  outside  of  existing  harbor  lines  as  now  established  by 
law,  and  north-easterly  of  any  extension  of  Swett  Street 
hereafter  made  in  an  easterly  direction,  to  a  depth  not  ex- 
ceeding twelve  feet  at  mean  low  water  within  such  limits, 
in  such  manner  and  to  such  extent  as  said  board  of  harbor 
commissioners  by  such  license  shall  determine  and  pre- 
scribe for  the  purpose  of  deepening  and  improving  the 
navigation  of  South  Bay. 

Section  2.    The  attorne3'--general  of  the  Gommonwealth  Attorney-gen- 
is  directed  on  the  request  of  the  board  of  harbor  commis-  hi'luksXwght 
sioners  to  appear  and  prosecute  or  defend  in  any  suit  that  *°  ^?edge*  o'lft^* 
may  be  brought  to  prevent  or  contest  in  any  form  the  ^tc. 
right  to  dredge  out  or  otherwise  excavate  aiw  portion  of 
South  Bay  outside    of   the  aforesaid  lines  and  a  license 
granted  as  herein  before  provided. 

Section  3.     Nothing  contained  in  this  act  shall  affect  Legal  rights  not 
or  take  away  the  legal  rights  of  any  person  or  corporation.  *°  ^'^  ^  ^'^'^*^" 

Approved  June  30,  1874. 

An  Act  to  authorize  the  citt  of  boston  to  obtain  a  further  rij       Ar\r\ 

SUPPLY  of  pure  water  AND  ESTABLISH  AND  MAINTAIN  RESERVOIRS  it»Lf. 

FOR  THE  STORAGE  OF  WATER  IN  THE  MYSTIC  VALLEY. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  cit}'-  of  Boston  is  hereby  authorized  city  of  Boston 
by  and  through  the  agency  of  the  Boston  "\Yater  Board,  or  froin  the  vaiiey 
by  and  through  any  other  agency  which  shall  be  estab-  sfc.*^*"  ^y^tic. 
lished  therefor,   to  take,   hold  and   convey  to,   into  and 
through   said  city  any  or  all  the  water  belonging  to  the 
water-shed  or  valley  of  the  Mystic,  so  called,  not  hitherto 


454  1874.— Chaptee  400. 

granted,  or  which  flows  or  drams,  directly  or  indirectly, 
into  Mystic  Pond  or  Mystic  Eiver,  and  from  time  to  time 
to  establish  and  maintain  reservoirs  for  the  storage  of  any 
or  all  such  waters,  or  any  or  all  waters  flowing  into  or  ly- 
ing in  the  Mystic  pond  or  river  which  have  not  been  other- 
wise granted,  and  for  that  purpose  said  city  may  take  and 
hold,  by  purchase  or  otherwise,  any  water-rights,  lands 
and  real  estate  necessary  for  l^uilding  and  maintaining  said 
reservoirs,  or  for  the  erection  of  dams,  buildings,  water- 
courses, aqueducts,  machinery  or  appliances,  with  their 
accessories,  for  conducting,  purifying,  storing,  elevating 
and  distributing  water ;  and  may  also  take  and  hold  any 
laud  on  the  margin  of  said  sources  of  supply,  not  exceed- 
ing five  rods  in  width  from  the  high-water  mark  of  said 
river,  pond  or  storage-reservoirs,  so  far  as  may  be  neces- 
sary for  the  storage,  preservation  and  purity  of  the  same 
for  the  purpose  of  furnishing  a  supply  of  pure  water  to 
Proviso.  the  city  of  Boston  :  provided,  that  the  city  of  Somerville, 

and  the  towns  of  Woburn,  Stoneham,  Winchester,  Arling- 
ton, Medford  and  Maiden,  or  either  of  them,  having  pre- 
viously obtained  authority  to  supply  themselves  with  pure 
water,  may  take  the  waters  of  any  natural  basin  or  artifi- 
cial reservoir  belonging  to  the  city  of  Boston,  within  the 
limits  of  said  municipalities,  in  the  manner  and  upon  the 
terms  to  be  agreed  upon  with  said  city  of  Boston  ;  and  in 
case  of  a  failure  to  agree  upon  such  manner  and  terms, 
either  party  may  petition  the  supreme  judicial  court  for  the 
appointment  of  a  commission  of  three  suitable  persons, 
who  shall  hear  the  parties,  and  determine  the  manner  of 
taking  said  waters,  and  the  compensation  to  be  paid  to  the 
said  city  of  Boston  therefor,  upon  the  basis  of  a  proper 
and  j  ust  apportionment  of  the  expense  of  rendering  the 
same  available  ;  ?a\di  provided,  further,  that  the  said  city  of 
Boston  shall  not  raise  the  waters  of  Horn  Pond  more  than 
six  feet  a])ove  the  present  mean  high-water  level,  nor  draw 
the  same  below  the  present  level  of  low-water ;  neither 
shall  any  lands  south  of  Cross  Street,  in  the  town  of 
Winchester,  be  flowed  to  a  greater  extent  than  is  at  present 
authorized  by  law. 
May  erect  dams,  SECTION  2.  For  the  purposcs  of  this  act  Said  city  may 
height  of  and  from  tluic  to  tiuic,  crcct  and  maintain  dams  and  may  in- 
fsth'g^dSus!'''  crease  the  height  of  and  strengthen  and  maintain  existing 
dams  to  raise  the  water,  or  to  form  storage-reservoirs ; 
may  make  and  maintain  reservoirs  within  and  without  said 


1874.— Chapter  400.  455 

city ;  may  erect  and  maintain  buildings  and  machinery  for 
elevating  the  water,  and  lay  down  pipes  for  conducting 
the  same ;  may  build  and  maintain  filters,  conduits  and 
sewers,  or  other  means  of  purifying  the  water  or  of  divert- 
ing impurities  from  the  same. 

And  the  said  city  may  for  the  purposes  aforesaid  carry 
and  conduct  any  conduit,  aqueduct,  water-main  or  other 
work  by  it  to  be  made  and  constructed,  under  or  over  any 
water-course  or  any  street,  turnpike  road,  railroad,  high- 
way 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  down  or  constructing  conduits,  aqueducts,  water- 
mains  or  pipes,  and  for  maintaining  and  repairing  the 
same ;  and  in  general  may  do  any  other  acts  and  things 
necessary  or  convenient  and  proper  for  the  purposes  of 
this  act. 

Said  city  of  Boston  may  also,  with  the  consent  of  the  change  of 
directors  of  the  Boston  and  Lowell  Railroad  Corporation,  I'o^'ton&iloweii 
change  the  grade  or  location  of  so  much  of  said  railroad  i^="i'o<i'^i- 
as  is  situated  in  the  Mystic  Valley,  or  with  the  consent  of 
the  county  commissioners  of  Middlesex   County,  or  the 
surveyors  of  highways  in  the  towns  where  such  reservoirs 
are  to  be  constructed,  change  the  grade  or  location  of  any 
highway,  public  street  or  way  of  travel. 

Said  city  of  Boston,  in  entering  upon  and  digging  up 
any  such  highway,  road,  street  or  way  of  public  travel, 
shall  be(sul)ject  to  such  reasonable  regulations  as  shall  be 
made  by  the  selectmen  of  the  towns  wherein  such  work 
shall  be  performed/  for  the  protection  of  their  rights  of 
drainage  and  sewerage  therein ;  but  any  person  or  town 
using  the  conduits  or  sewers  of  said  city,  for  the  purpose 
of  drainage,  shall  bear  a  proportional  part  of  the  expense 
of  constructing  and  maintaining  the  same. 

Section  3.  The  city  of  Boston  shall  be  liable  to  pay  Liability  for 
all  damages  that  shall  be  sustained  by  any  persons  in  their  '^^'^^ses. 
property,  by  the  taking  of  or  injury  to  any  land,  water  or 
water  rights,  or  by  the  flowage  of  the  lands  of  any  per- 
sons, or  by  the  interference  with  or  injury  to  any  use  or 
enjoyment  of  any  of  said  water  to  which  any  person,  at 
the  time  of  such  taking,  is  legally  entitled,  or  by  any 
other  doings  under  this  act ;  and  in  regard  to  such  taking, 
injury,  interference  and  flowage,  and  the  ascertainment 
and  payment  of  all  such  damages,  the  said  cky  of  Boston 


^5Q  1874.— Chapter  400. 

and  all  persous  claiming  damages  shall  have  all  the  rights, 
immnnities  and  remedies  and  be  subject  to  all  the  duties, 
liabilities  and  regulations  which  are  provided  in  the  one 
hundred  and  sixty-seventh  chapter  of  the  acts  of  the  year 
eighteen  hundred  and  forty-six  and  the  three  hundred  and 
sixteenth  chapter  of  the  acts  of  the  3'ear  eighteen  hundred 
and  fifty. 
streets  and  Section  4.     Whenever  the  city  of  Boston  shall  dig  up 

^ored  °o  a's'^'^     auy  strcet  or  way,  as  aforesaid,  it  shall  restore  the  same 
Is  wheniig^^g  ill  as  good  order  and  condition  as  the   same  shall  be  in 
commenced.       when  such  digging  commenced ;  and  the  city  of  Boston, 
shall,  at  all  times  indemnify  and  save  harmless  the  several 
towns  within  which  such  street  or  way  may  be,  against  all 
damages  which  may  be  recovered  against  them  respect- 
ively, and  shall  reimburse  to  them  all  expenses  which  they 
shall  incur  by  reason  of  auy  defect  or  want  of  repair  in 
auy  street  or  way  caused  by  the   construction  of  any  of 
said  works,  or  laying  of  said  pipes,  or  by  the  maintaining 
or  repairing  the  same  :  provided,  that  said  city  shall  have 
due  and  reasonable  notice  of  all  claims  for  such  damages 
or  injur}'  and  opportunity  to  make  a  legal  defence  thereto. 
Penalty  for  SECTION  5.     If  auy  pcrsou  or  persons  shall  wantonly 

diverting  water,  Or  maliciously  divcrt  the  water,  or  any  part  thereof,  of 
samrin^purl*  '^  auy  of  the  rivcrs,  ponds,  streams  or  water  sources  which 
shall  be  taken  by  the  city  pursuant  to  the  provisions  of 
this  act,  or  shall  corrupt  the  same,  or  render  it  impure,  or 
destroy  or  injure  any  dam,  aqueduct,  pipes,  conduit,  hy- 
drant, machinery  or  other  property  held,  owned  or  used 
by  the  said  city,  by  the  authority  and  for  the  purposes  of 
this  act,  every  such  person  or  persons  shall  forfeit  and  pay 
to  the  said  city  three  times  the  amount  of  damages  that 
shall  be  assessed  therefor,  to  be  recovered  in  any  proper 
action.  And  every  such  person  or  persons  may,  more- 
over, on  indictment  and  conviction  of  either  of  the  wanton 
and  malicious  acts  aforesaid,  be  punished  hy  fine  not  ex- 
ceeding one  thousand  dollars  and  imprisonment  not  ex- 
ceeding one  3'ear,  or  by  confinement  to  hard  labor  in  the 
state  prison  for  a  term  not  exceeding  ten  years. 
Boston  may  SECTION  6.     For  thc  purposc  of  defraying  all  the  costs 

dJft-ayespen6°e8,  and  expcuscs  iucurrcd  under  this  act,  the  said  city  of  Bos- 
^'^'  ton  is  authorized  to  issue  its  bonds  to  such  an  amount  as 

may  be  necessar}'  therefor,  but  not  exceeding  the  cost  and 
expenses  incurred  under  this  act,  bearing  interest  at  the 
rate  of  six  per  centum  per  annum ;  and  said  interest  shall 


1874.— Chapter  401.  457 

be  payable  semi-annually,  and  the  principal  shall  be  pay- 
able at  periods  not  more  than  forty  years  from  the  issuing 
thereof;  and  said  bonds  shall  be  known  as  Mystic  Water 
Bonds  of  the  city  of  Boston.  And  the  said  city  may  sell 
the  same  or  any  part  thereof,  from  time  to  time,  by  public 
or  private  sale,  or  pledge  the  same  for  money  borrowed 
for  the  purposes  aforesaid,  on  such  terms  and  conditions 
as  it  shall  deem  proper. 

Section  7.     Nothing  contained  in  the  last  preceding  Not  prohibited 
section  shall  be  construed  to  prohibit  the  city  of  Boston  te^o^ary  ^ 
from  making  temporary  loans  for  the  purposes  therein  set  '°'"'*" 
forth,  to  be  redeemed  within  five  years  by  the  said  Mystic 
water  loan  :  provided,  that  the  amount  of  said  loan  shall, 
in  no  case,  exceed  the  amount  authorized  b}'"  said  section. 

Section  8.     This  act  shall  take  effect  upon  its  accept-  subject  to  ac 
ance,  within  two  years  from  its  passage  by  a  vote  of  the  cuy  counciL 
city  council  of  said  city  of  Boston. 

Approved  June  30,  1874. 

An  Act  to  authorize  the  fitchburg  railroad  company  to  con-  (JJi^    401. 

STRUCT  additional  TRACKS,  RE-LOCATE  PORTIONS  OF  ITS  OWN  AND 
OF  THE  VERMONT  AND  MASSACHUSETTS  RAILROAD,  AND  FOR  OTHER 
PURPOSES. 

Be  it  enacted,  &c.,  as  follows  : 

Section   1.      The   Fitchburg  Railroad    Company  may  Fitchbuig Raii- 
construct  and  maintain  an  additional  track  or  tracks,  on  or  s°ruct°adtoionai 
adjoining  the  location  of  their  main  railroad,  and  on  or  *'"''°^^" 
adjoining  the  location  of  the  Vermont  and  Massachusetts 
Railroad,  now  leased  to  said  Fitchburg  Railroad  Company, 
for  any  part  or  the  whole  of  the  distance  between  the  ter- 
minus of  said  Fitchburg  Railroad  in  Boston,  and  the  ter- 
minus of  said  Vermont  and   Massachusetts   Railroad   in 
Greenfield,  with  proper  turnouts  and  sidings  :  provided, 
that  the  whole  number  of  tracks  on  said  railroads,  exclu- 
sive of  sidings,  shall  not  exceed  four;  and  in  order  to  May  relocate 
shorten,  straighten  and  make  more  efiicient  the  said  line  F^tchbrng^R. 
of  railway,  with  the  approval  of  the  railroad  commission-  molit&Mals"" 
ers,  may  re-locate  any  portions  of  the  said  Fitchburg  Rail-  R-R- 
road  and  of  the  said  Vermont  and  Massachusetts  Railroad  ; 
and  for  either  of  the  purposes  aforesaid  may  take  land, 
not  to  exceed  one  rod  wide  for  each  track  so  laid  on  either 
side  of  said  location,  and  not  to  exceed  five  rods  wide 
upon  the  re-locations  of  either  of  said  roads ;  and  for  the 
purpose  of  cuttings,  embankments,  and   procuring   stone 
and  gravel  may,  subject  to  the  provisions  of  the  general 

58 


458 


1874.— Chapter  401. 


Proviso. 


May  take  lands 
for  depot  and 
terminal  pur- 
poses. 


May  increase 
capital  stock. 


May  issue 
bonds. 


Rights,  privi- 
leges, liabilities 
and  restrictions. 


laws,  take  as  much  more  land  as  may  be  necessary  for  the 
proper  construction  and  security  of  the  road  :  ^provided, 
hoivever,  that  the  re-locations  herein  provided  for,  shall  be 
made  in  accordance  with  the  provisions  of  section  three 
of  chapter  one  hundred  and  eighty  of  the  acts  of  the  year 
eighteen  hundred  and  seventy-two. 

Section  2.  For  the  purposes  aforesaid,  and  for  depot, 
station  and  terminal  purposes,  said  company  may  at  any 
time  within  three  years  from  the  passage  of  this  act,  in 
any  town  or  city,  purchase  or  take  such  lauds,  flats  or 
wharves,  as  and  whenever  they  shall  deem  expedient,  and 
may  construct  and  maintain  thereon  depots,  stations,  rail- 
road tracks,  elevators  and  other  buildings,  and  may,  sub- 
ject to  the  provisions  of  chapter  two  hundred  and  thirty- 
six  of  the  acts  of  the  year  eighteen  hundred  and  seventy- 
two,  and  the  acts  in  addition  thereto,  construct  wharves 
upon,  or  fill  up  any  flats  so  taken  :  j^rovided,  however,  that 
no  land  within  the  precincts  of  the  city  of  Boston  shall 
be  taken,  under  the  provisions  of  this  act,  without  first  pro- 
curing the  approval  of  the  board  of  railroad  commission- 
ers ;  and  no  lands  covered  at  any  time  by  tide-water,  shall 
be  taken  without  the  approval  of  the  harbor  commission- 
ers, and  full  compensation  shall  be  paid  therefor,  and  for 
tide-water  displaced,  to  the  satisfaction  of  the  governor 
and  council ;  and  no  lands  owned  or  occupied  by  any  other 
railroad  corporation  shall  be  taken  without  the  consent  of 
such  other  corporation. 

Section  3.  For  the  purpose  of  providing  means  for 
the  expenditures  authorized  by  the  preceding  sections, 
said  Fitchburg  Eailroad  Company  is  hereby  authorized  to 
increase  its  capital  stock  by  issuing  from  time  to  time 
as  occasion  may  require,  in  addition  to  the  amount  now 
allowed  by  law  to  be  issued,  an  amount  not  exceeding  in 
all  three  millions  of  dollars. 

Section  4.  Said  company,  as  a  substitute  for  all  or 
any  part  of  said  stock,  may  issue  bonds  :  provided,  that 
the  whole  amount  of  bonds  of  said  compau}'^  at  any  time 
outstanding  shall  not  exceed  the  whole  amount  of  stock 
actually  issued  and  paid  for  in  cash  at  par. 

Section  5.  In  the  exercise  of  the  powers  granted  by 
this  act,  said  Fitchburg  Railroad  Company,  and  any  per- 
son or  corporation  who  shall  sustain  any  damage  in  their 
property,  shall  have  all  the  rights,  privileges  and  remedies, 
and  be  subject  to  all  the  duties,  liabilities  and  restrictions 


1874.— Chapter  402.  459 

provided  by  the  general  laws  of  the  Commonwealth  in  the 
like  case. 

Section  6.     This  act  shall  take  effect  upon  its  passage. 

Approved  June  30,  1874. 

An  Act  to  provide  for  the  completion  of  the  troy  and  green-  Qfi^    402. 

FIELD   RAILROAD. 

Be  it  enacted,  &c.,  as  follows  :     • 

Section  1.     For  the  purpose  of  repairing,  re-locating  Treasurer  to 
and  completing  the  construction  of  the  Troy  and  Green-  lx«edin?°°*^ 
field  Railroad  Vest  of  Bardwell's  Ferry,  the  treasurer  of  fompSnrf 
the  Commonwealth  is  authorized  and  instructed,  to  issue  leiYR  r*^^™' 
scrip,  or  certificates  of  debt,  in  the  name  and  on  behalf  of 
the  Commonwealth,  and  under  his  signature,  and  the  seal 
of  the  Commonwealth,  to  an  amount  not  exceeding  one 
million  five  hundred  thousand  dollars,  on  the  same  terms 
and  conditions  as  are  provided  in  section  three  of  chapter 
three  hundred  and  thirty-three  of  the  acts  of  eighteen 
hundred  and  sixty-eight. 

Section  2.     The  governor  and  council  are  hereby  au-  Governor  and 
thorized  and  directed,  to  take  all  necessary  measures,  for  scrip'^tl)be's^o'id! 
the  preparation  of  said  scrip,  or  certificates  of  debt,  and 
for  the  sale,  or  negotiation  thereof,  with  authority  to  expend 
such  sums  of  money  as  may  be  necessary  for  this  purpose. 

Section  3.  Whatever  premium  may  be  received  from  premium  on 
the  sale  of  any  of  the  scrip  or  certificates  of  debt,  issued  to^li^g^^d^ 
under  the  authority  of  this  act  beyond  the  cost  of  pre- 
paring and  negotiating  the  same,  shall  be  added  to  and 
constitute  a  part  of  the  sinking  fund  created  by  the  pro- 
vision of  chapter  two  hundred  and  twenty-six  of  the  acts 
of  eighteen  hundred  and  fifty-four. 

Section  4.  Said  sum  of  one  million  five  hundred  Appropriation. 
thousand  dollars  or  so  much  thereof  as  may  be  necessary 
is  hereby  appropriated  for  the  purpose  expressed  in  the 
first  section  of  this  act,  and  the  expenditure  thereof  for 
said  purposes,  shall  be  entrusted  to  the  governor  and  coun- 
cil, unless  the  legislature,  b}"  au  act  passed  at  the  present 
session,  makes  some  other  provision  with  reference  thereto. 

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

Approved  June  30, 1874. 


460 


1874.— Chapter  403. 


Ch.  403.  ^  -^CT  TO  PROVIDE  FOR  THE  BIANAGEMENT  OF  THE  HOOSAC  TUN- 
NEL AND  THE  TROT  AND  GREENFIELD  RAILROAD  AND  FOR  OTHER 
PURPOSES. 


Five  persons  to 
be  appointed  by 
governor  and 
council,  who 
shall  be  a  body 
corporate. 


Corporators  to 
be  sworn. 


To  have  charge 
of  property  of 
state  in  South- 
ern Vermont, 
and  Trov  & 
Greenfield,  R.R. 


Be  it  enacted,  &c.,  as  follows : 

Section  1.  The  governor  with  the  advice  and  consent 
of  the  council,  shall  upon  the  passage  of  this  act  appoint 
five  able  and  discreet  persons,  citizens  of  this  Common- 
wealth, who  shall  be  a  body  corporate,  to  continue  one 
year  from  the  first  day  of  July  in  the  year  one  thousand 
eight  hundred  and  seventy-four,  by  the  name  of  the  Bos- 
ton, Hoosac  Tunnel  and  Western  Railroad  Company,  and 
by  such  name  may  sue  and  be  sued,  may  have  a  common 
seal,  may  make  such  contracts,  and  may  do  all  such  other 
acts  and  things  as  may  be  necessary  and  proper  for  the 
performance  of  the  duties  herein  specifically  assigned. 
Upon  the  occurrence  of  a  vacancy  an  appointment  shall  be 
made  for  the  residue  of  the  term. 

Before  entering  upon  their  duties  the  said  corporators 
shall  be  sworn  to  the  faithful  performance  thereof  and  shall 
then  organize  by  the  election  of  a  president,  clerk  and 
such  other  oflicers  as  shall  be  necessary,  and  shall  adopt 
by-laws  in  accordance  with  which  their  meetings  shall  be 
held,  and  their  corporate  powers  exercised.  They  shall 
make  to  the  legislature  a  report  of  their  doings  during  the 
first  week  of  the  next  session  thereof.  They  shall  sev- 
erally receive  in  full  compensation  for  their  services,  such 
sum  as  the  governor  and  council  may  prescribe,  for  each 
day's  service  in  the  duties  of  their  office,  and  payment  for 
such  reasonable  expenses  as  they  shall  have  incurred 
therein,  and  the  president  shall  receive  such  further  com- 
pensation as  his  associates  may  deem  just  and  reasonable. 

They  shall  have  charge  of  all  the  property  of  the  Com- 
monwealth in  the  Southern  Vermont  Railroad  and  in  the 
Tro}'^  and  Greenfield  Railroad,  with  authority  to  control 
and  use  the  same  so  far  as  it  may  be  necessary  to  secure 
the  objects  of  this  act. 

They  shall  hold  all  moneys  received  from  the  operating 
of  said  railroads  and  tunnel,  and  all  moneys  which  have 
been  or  may  be  appropriated  by  the  Commonwealth  for 
the  completion,  extension  and  improvement  of  said  rail- 
roads and  tunnel,  and  for  the  equipment  thereof,  and  shall 
faithfully  apply  the  same.  They  shall  monthly  pay  into 
the  treasury  of  the  Commonwealth  the  net  income  received 
from  said  roads  and  tunnel  after  the  payment  of  the  ex- 
penses incidental  to  the  operation  of  the  same. 


week  of  session. 


1874.— Chaptek  403.  461 

They  shall  re-locate,  where  necessaiy,  the  tracks  of  said 
Troy  aud  Greenfield  Railroad,  taking  land  therefor  in  the 
method  prescribed  by  law  in  case  of  land  taken  for  depot 
or  station  purposes,  and  complete  the  construction  of  said 
railroad  and  tunnel,  and  prepare  the  same  in  all  respects 
for  the  reception  of  the  trafhc  of  a  through  line. 

Sectio:n^  2.     They  shall,  in  the  report  to  be  made  to  To  report  to 
the  next  legislature,  during  the  lirst  week  of  the  session,  during frsf'^*^^' 
furnish    full    and    specific   information    on   the    following 
points  : — 

First.  What  combination,  consolidations  or  running 
arrangements  can  be  made  by  and  between  the  Common- 
wealth, aud  an}^  railroad  corporation  of  this  state,  with  a 
view  to  organizing  a  through  railroad  route  between  Bos- 
ton and  Lake  Ontario  or  the  west. 

Second.  "What  connections  or  arrangements  can  be 
made  between  the  Hoosac  Tunnel  and  the  Troy  and 
Greenfield  Railroad  aud  any  persons  or  corporations  with- 
out the  Commonwealth,  with  a  view  to  establishing  such 
through  route,  and  the  terms  and  conditions  on  which  the 
same  can  be  eifected. 

Third.  To  ascertain  what  legal  rights  have  been  re- 
served at  any  time  to  the  Commonwealth  in  respect  to 
taking  possession  of  the  roads  of  any  corporation  con- 
necting with  said  Hoosac  Tunnel  and  Troy  and  Greenfield 
Railroad,  and  through  what  process  and  at  what  probable 
cost  such  rights  could  be  exercised. 

Fourth.  On  what  terms  the  railroads  connecting  with 
the  Hoosac  Tunnel  and  Troy  and  Greenfield  Railroad,  as 
a  through  line  from  Boston  to  the  west,  could  be  pur- 
chased or  leased  by  the  Commonwealth. 

Fifth.  What  contracts  have  been  entered  into  between 
the  Commonwealth  and  corporations  operating  any  roads 
connected  with  said  Hoosac  Tunnel  and  Troy  and  Green- 
field Railroad,  together  with  their  opinions  as  to  the  pur- 
port, value  and  binding  effect  of  such  contracts. 

Sixth.  They  shall  further  give  such  other  information 
and  offer  such  suggestions  and  recommendations  in  regard 
to  the  management,  development  or  disposition  to  be 
made  of  such  railroad  and  tunnel  as  they  may  deem  expe- 
dient and  for  the  interest  of  the  Commonwealth. 

Seventh.  They  shall  also  examine  the  different  railroad 
routes  westwardly  from  the  Troy  and  Greenfield  Railroad, 
for  the  purpose  of  recommending  the  best  through  route 


462  1874.— Chapter  403. 

or  routes  for  transporting  the  products  of  the  west  to  the 
seaboard  in  the  interests  of  the  citizens  of  the  Common- 
wealth. 
May  petition  for  SECTION  3.  They  may  if  they  deem  it  expedient  pe- 
authorityto  titiou  the  legislature  of  the  state  of  Vermont  for  authority 
raiiroadVrough  or  the  statc  of  Massachusctts  to  authorize  the  location  of 
vaii?y  iTver.  ouc  or  morc  lincs  of  railroad  through  the  Hoosac  valley, 
mont.  jjy  ^i^g  g^^lg  Qf  Qj,  near,  and  in  the  general  direction  of,  the 

Southern  Vermont  Railroad. 
May  employ  Section  4.     Thcv  shall  havc  authority,  if  they  deem  it 

civil  engineers  ,.  ,*'  .    ■;,  .     ''  •, 

to  make  surveys  expedient,  to  cmploy  one  or  more  civil  engineers,  who 
es  ima  eb.     gj^^^jj  make  such,  examinations  and  surveys  and  estimates 
of  the  repairs,  changes  and  alterations,  if  any,  and  other 
works  necessary  to  complete  the  construction,  repair  and 
re-location  of  the  Troy  and  Greenfield  Railroad  in  such 
manner   as   they    shall   determine    to   be   expedient   and 
proper ;   the  reports  of  said  engineers  to  be  made  on  or 
before  the  fifteenth  day  of  October  next. 
''ert?to°isamfne      Section  5.     They  shall  appoint  five  or  more  experts,  a 
the  tunnel,  &c.    part  of  whom  shall  be  persons  familiar  with  the  science  of 
geology,  and  a  part  of  whom  shall  be  civil  engineers,  to 
make,   separately,   examinations  of  the  Hoosac   Tunnel, 
with  a  view  to  ascertaining  how  much  thereof  should  be 
arched  in  order  to  insure  the   safe  passage  of  railroad 
trains  through  the  same ;  the  reports  of  said  experts  to  be 
made  on  or  before  the  fifteenth  day  of  October  next. 
provided  fof  SECTION  6.     All   expenditures   necessary  for  carrying 

out  the  purposes  of  this  act  and  approved  by  said  com- 
pany, not  otherwise  provided  for,  shall  be  paid  from  the 
money  appropriated  in  the  act  of  the  present  session,  en- 
titled an  act  to  provide  for  the  completion  of  the  Troy 
and  Greenfield  Railroad. 
OT^rac^to^  Section  7.     Nothing  in  this  act  contained  shall  author- 

than™ne  ^eaf*^  ^^®  ^^^  corporatioii  hereby  created  to  make  contracts  or 
from  July  1,       runiiiug  aiTaugemeiits  for  the  operation  of  the  Troy  and 
Greenfield  Railroad  to  continue  for  a  longer  term  than  one 
year  from  the  first  day  of  July  in  the  year  one  thousand 
eight  hundred  and  seventy-four. 

Section  8.     This  act  shall  take  eflfect  upon  its  passage. 

Approved  June  30, 1874. 


1874.— Chaptees  404,  405,  406.  463 

An  Act  relative  to  endorsers  of  PRO^nssoRY  notes.  (J]^^    404. 

Be  it  enacted,  &c.,  as  follows  : 

All  persons  becoming  parties  to  promissory  notes  pay-  Endorsers  of 
able  on  time  by  a  signature  in  blank  on  the  back  thereof,  notes!**"'^^ 
shall  be  entitled  to  notice  of  the  non-payment  thereof  the 
same  as  endorsers.  Approved  June  30, 1874. 

An  Act  to  abolish  the  police  coManssiON.  rjj^^    405. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.  The  governor,  with  the  advice  and  consent  Poucecommis. 
of  the  council,  shall  appoint  a  chief  constable  of  the  Com- 
monwealth, who  shall  have  the  command  and  direction  of 
all  the  constables  of  the  Commonwealth  and  shall  receive 
an  annual  salary  of  three  thousand  dollars.  He  shall  have 
an  office  in  the  city  of  Boston  and  shall  have  and  exercise 
all  the  powers  and  duties  now  conferred  on  and  exercised 
by  the  police  commissioners  under  chapter  three  hundred 
and  ninety-four  of  the  acts  of  eighteen  hundred  and  seventy- 
one,  except  the  power  to  appoint  a  chief  constable  con- 
ferred by  section  three  of  said  chapter.  Said  chief  con- 
stable shall  hold  his  office  for  three  years  from  the  date  of 
his  appointment  imless  sooner  removed  by  the  governor. 

Section  2.  The  offices  of  the  commissioners  established 
by  chapter  three  hundred  and  ninetj^-four  of  the  acts  of 
eighteen  hundred  and  seventy-one  are  hereby  abolished. 

Approved  June  30,  1874. 

An  Act  in  addition  to  an  act  making  appropriations  to  meet  rjj^      \f\Q 

CERTAIN  expenditures  AUTHORIZED  THE  PRESENT  TEAR,  AND  FOR     *       * 
OTHER  PURPOSES. 

Be  it  enacted,  &c.,  as  follows: 

Section  1.     The  sums  hereinafter  mentioned  are  appro-  Appropriatione 
priated  to  be  paid  out  of  the  treasury  of  the  Commonwealth,  ^'^t^°"^^^- 
from   the  ordinary   revenue,    except    in    cases    otherwise 
ordered,    for  the  purposes  specified  in  certain    acts    and 
resolves  of  the  present  year,  and  for  other  purposes,  to 
wit : — 

In  the  act,  chapter  two  hundred  and  twenty-four,  to  First  district 
establish  the  first  district  court  of  Essex  County,  a  sum  not  court  of  Essex. 
exceeding  seven  hundred  and  fifty  dollars  for  the  salary  of 
the  judge,  and  six  hundred  and  twenty-five  dollars  for  the 
salary  of  the  clerk  of  said  court. 

In  the  act,  chapter  two  hundred  and  thirty-five,  to  estab-  Municipal  court, 
lish  salaries  of  the  justices  and  clerks  of  the  municipal  '^''"^*°°- 
court  of  Taunton,  and  of  the  police  court  of  Somerville,  a  Pouce  court, 
sum  not  exceeding  six  hundred  dollars  for  the  salary  of  the  ^°'^®'"^^^- 


464 


1874.— Chapter  406. 


Judge  and  reg- 
ister for  Hamp- 
den. 


Judges  and  reg- 
isters of  Bristol, 
Plymouth  and 
Barnstable. 


Municipal  courts 
of  Boston. 


First  district 
eourt,  Northern 
Middlesex. 


District  courts 
of  Bristol. 


District  court, 
Central  Middle- 
sex. 


First  district 
court.Plymouth. 


justice  of  the  Somerville  court,  and  two  hundred  dollars  for 
the  salary  of  the  clerk  of  said  court. 

In  the  act,  chapter  two  hundred  and  forty-two,  to  estab- 
lish salaries  of  the  judge  and  the  register  of  probate  and  in- 
solvency for  the  county  of  Hampden,  a  sum  not  exceeding 
five  hundred  dollars  for  the  salary  of  the  judge,  and  four 
hundred  dollars  for  the  salary  of  the  register  of  said  county. 

In  the  act,  chapter  two  hundred  and  sixty-nine,  to  estab- 
lish salaries  of  certain  judges  and  registers  of  probate  and 
insolvency,  a  sum  not  exceeding  three  hundred  dollars  for 
the  salary  of  the  judge  of  Bristol  County ;  five  hundred 
dollars  for  the  salary  of  the  register  of  said  county ;  two 
hundred  dollars  for  the  salary  of  the  judge  of  Plymouth 
County  ;  three  hundred  dollars  for  the  salary  of  the  register 
of  said  county ;  and  one  hundred  dollars  each  for  the 
salaries  of  the  judge  and  register  of  Barnstable  County. 

In  the  act,  chapter  two  hundred  and  seventy-one,  relating 
to  the  municipal  courts  of  the  city  of  Boston,  a  sum  not 
exceeding  eight  hundred  dollars  each  for  the  salaries  of  the 
justices  of  the  West  Roxbury,  Brighton  and  East  Boston 
districts  ;  one  thousand  dollars  for  the  salary  of  the  justice 
of  the  South  Boston  district ;  four  hundred  dollars  for  the 
salary  of  the  justice  of  the  Charlestown  district ;  and  five 
hundred  dollars  each  for  the  salaries  of  the  clerks  of  the 
several  named  courts. 

In  the  act,  chapter  two  hundred  and  eighty-one,  relating 
to  the  first  district  court  of  northern  Middlesex,  a  sum  not 
exceeding  one  hundred  and  fifty  dollars  for  the  salary  of 
the  justice,  and  four  hundred  and  fifty  dollars  for  the  salary 
of  the  clerk  of  said  court. 

In  the  act,  chapter  two  hundred  and  ninety-three,  to 
establish  district  courts  in  the  county  of  Bristol,  a  sum  not 
exceeding  one  thousand  dollars  each  for  the  salaries  of  the 
justices  of  the  first  and  second  districts,  and  nine  hundred 
dollars  for  the  salary  of  the  justice  of  the  third  district ;  a 
sum  not  exceeding  six  hundred  dollars  each  for  the  salaries 
of  the  clerks  of  the  first  and  second  districts,  and  five  hun- 
dred dollars  for  the  salary  of  the  clerk  of  the  third  district. 

In  the  act,  chapter  three  hundred  and  fifteen,  to  establish 
a  district  court  in  central  Middlesex,  a  sum  not  exceeding 
six  hundred  dollars  for  the  salary  of  the  justice  of  said 
court. 

In  the  act,  chapter  three  hundred  and  sixteen,  to  estab- 
lish the  first  district  court  of  Plymouth,  a  sum  not  exceed- 


1874.— Chapter  406.  ^65 

ing  six  hundred  dollars  for  the  salary  of  the  justice,  and 
three  hundred  dollars  for  the  salary  of  the  clerk  of  said 
court. 

In  the  act,  chapter  three  hundred  and  seventeen,  to  se-  Apportionment 
cure  a  more  equal  apportionment  of  state  and  county  taxes  couuty^ taxes. 
upon  cities  and  towns,  a  sum  not  exceeding  six  thousand 
dollars. 

The  appropriations  heretofore  made  for  military  expenses  Military  ex- 
by  authority  of  chapter  three  hundred  and  thirteen  of  the  p'^"*®*- 
acts  of  the  year  eighteen  hundred  and  seventy-three,  shall 
be  held  applicable  under  the  provisions  of  chapter  three 
hundred  and  twenty  of  the  present  year.  From  the  appro- 
priation made  for  uniforms  for  the  volunteer  militia,  there 
may  be  expended  for  the  purchase  of  military  overcoats  and 
for  repairs  of  uniforms  for  said  militia,  a  sum  not  exceed- 
ing in  all  thirty  thousand  dollars. 

In  the  act,  chapter  three  hundred  and  twenty-five,  in  wiiiiamsburg 
aid  of  Williamsburg  and  Northampton,  for  the  compensa-  ^^'^  Northamp- 
tion  of  an  engineer,  a  sum  not  exceeding  two  thousand 
dollars  ;  for  the  construction  of  roads  and  bridges,  a  sum 
not  exceeding  one  hundred  thousand  dollars  ;  for  the  com- 
pensation and  expenses  of  the  county  commissioners,  a  sum 
not  exceeding  two  thousand  dollars  ;  and  for  the  abatement 
of  taxes,  a  sum  not  exceeding  five  thousand  dollars  for 
Williamsburg,  and  twenty-five  hundred  dollars  for  North- 
ampton. 

In  the  act,  chapter  three  hundred  and  twenty-seven,  to  judge  and  reg. 
establish  the  salaries  of  the  judge  and  register  of  probate  gbhef"' ^'''"^' 
and  insolvency  for  Hampshire   County,  the   sum  of  five 
hundred  dollars  each  for  the  salaries  of  said  ofiicers. 

In  the  act,  chapter  three  hundred  and  thirty-seven,  to  second  district 
establish  the  second  district  court  of  eastern  Worcester,  a  worc'ester.^'^'^ 
sum  not  exceeding  six  hundred  dollars  for  the  salary  of 
the  judge,  and  three  hundred  dollars  for  the  salary  of  the 
clerk  of  said  court. 

In  the  act,  chapter  three  hundred  and  thirty-eight,  to  Municipal  court 
estal)lish  the  salaries  of  the  justice  and  clerk  of  the  muni-  dLteia.^^^'"'^ 
cipal  court  of  the  Dorchester  district  of  Boston,  two  hun- 
dred dollars  for  the  salary  of  the  justice,  and  one  hundred 
dollars  for  the  salary  of  the  clerk  of  said  court. 

In  the  act,  chapter  three  hundred  and  fifty,  to  establish  District  courts 
the  district  courts  of  Plymouth,  for  the  salaries  of  the  jus-  "^ ^ly'""'^*^- 
tices  of  the  second  and  third  districts,  a  sum  not  exceeding 
six  hundred  and  sixty-six  dollars  and  sixty-seven  cents 

59 


466 


1874.— Chapter  406. 


District  court, 
East  Norfolk. 


Judge  and  Reg- 
ister, Franklin. 


Museum  of 

Comparative 

Zoology. 


William  R. 
Mudge. 


Catherine 
Waterman. 


Abel  C.  Martin. 


New  Marl- 
borough. 


Rims  of  wheels. 


Stoughton. 


Representatives' 
Chamber. 


Normal  schools. 


each,  and  for  the  salary  of  the  justice  of  the  fourth  dis- 
trict, a  sum  not  exceeding  four  hundred  dollars ;  for  the 
salaries  of  the  clerks  of  the  second  and  third  districts,  a 
sum  not  exceeding  two  hundred  sixty-six  dollars  and  sixty- 
seven  cents  each,  and  for  the  salary  of  the  clerk  of  the 
fourth  district,  a  sum  not  exceeding  two  hundred  thirty- 
three  dolhirs  and  thirty-three  cents. 

In  the  act,  chapter  three  hundred  and  sixty-four,  to  es- 
tablish the  salaries  of  the  justice  and  clerk  of  the  district 
court  of  east  Norfolk,  the  sum  of  one  hundred  and  sev- 
enty-five dollars  for  the  salary  of  the  justice,  and  one  hun- 
dred sixteen  dollars  and  sixty-seven  cents  for  the  salary  of 
the  clerk  of  said  court. 

In  the  act,  chapter  three  hundred  and  sixty-nine,  to  es- 
tablish the  salaries  of  the  judge  and  register  of  probate 
and  insolvency  for  the  county  of  Franklin,  the  sum  of  five 
hundred  dollars  for  the  salary  of  each  of  said  officers. 

In  the  resolve,  chaptei*  forty-four,  in  favor  of  the  Mu- 
seum of  Comparative  Zoology,  the  sum  of  fifty  thousand 
dollars,  subject  to  the  conditions  of  said  resolve. 

In  the  resolve,  chapter  fifty,  in  favor  of  William  R. 
Mudge,  a  sum  not  exceeding  six  hundred  dollars. 

In  the  resolve,  chapter  fifty-two,  in  favor  of  Catherine 
Waterman,  administratrix,  the  sum  of  two  thousand  two 
hundred  seventy-four  dollars  and  forty  cents. 

In  the  resolve,  chapter  fifty-five,  in  favor  of  Abel  C. 
Martin,  the  sum  of  one  thousand  dollars,  subject  to  the 
conditions  of  said  resolve. 

In  the  resolve,  chapter  fifty-seven,  in  favor  of  the  town 
of  New  Marlborough,  the  sum  of  sixty-three  dollars  and 
eighteen  cents. 

In  the  resolve,  chapter  fifty-eight,  concerning  the  width 
of  rims  of  wheels,  a  sum  not  exceeding  six  hundred  dol- 
lars. 

In  the  resolve,  chapter  sixty-four,  in  favor  of  the  town 
of  Stougliton,  the  sum  of  eight  hundred  thirty-one  dollars 
and  twelve  cents. 

In  the  resolve,  chapter  sixty-six,  providing  for  better 
ventilation  of  the  representatives'  chamber,  a  sum  not  ex- 
ceeding fifteen  hundred  dollars. 

In  the  resolve,  chapter  seventy-one,  in  favor  of  the  nor- 
mal schools  at  Worcester,  Bridgewater  and  Westtield,  a 
sum  not  exceeding  twenty-eight  thousand  two  hundred 
dollars,  in  accordance  with  the  provisions  of  said  resolve. 


1874.— Chaptee  406.  467 

In  the  resolve,  chapter  seventy-five,  in  favor  of  Elihii  Eiihus. 
S.  Hawkes,  the  sum  of  three  thousand  dollars,  subject  to 
the  conditions  in  said  resolve. 

In  the  resolve,  chapter  seventy-six,  in  relation  to  paint-  Paiming,  &c., 
ing  and  repairing  the   state  house,  a  sum  not  exceeding 
thirty-one  thousand  five  hundred  dollars,  in  accordance 
with  the  provisions  of  said  resolve. 

For  the  compensation  and  expenses  of  committees  and  2°™™^*hr' 
commissioners  authorized  to  sit  durins^  the  recess  of  the  recess. 
legislature,  a  sum  not  exceeding  three  thousand  dollars. 

For   alterations,    improvements  and   furniture  for   the  Tax  commis- 
office    of    the   tax   commissioner,    a    sum    not   exceeding  ^^°^^ ' 
twenty-five  hundred  dollars,  and  for  book-cases  and  im- 
provements in  the  secretary's  department,  a  sum  not  ex- 
ceeding five  hundred  dollars. 

For  finishing  a  building   at   the    state  muster-field  at  Buiidmgat 
Framingham,  a  sum  not  exceeding  fifteen  hundred  dollars, 
the  same  to  be  expended  under  the  direction  of  the  gov- 
ernor and  council. 

For  expenses  of  printing  and  l)inding  the  memorial  vol-  charkssXn'er 
ume  of  the  eulogies  upon  the  late  Charles  Sumner,  a  sum 
not  exceeding  nine  thousand  dollars. 

For  expenses  incurred  and  to  be  incurred  for  fitting  up  state  police. 
rooms  for  the  state  police  in  Pemberton  Square  building, 
a  sum  not  exceeding  twelve  hundred  dollars. 

For  printing  and  Ijinding  ordered  by  the  senate  or  house  Printing  and 
of  representatives,  or  by  the  concurrent  order  of  the  two  by"fegilirture? 
branches,  a  sum  not  exceeding  five  thousand  dollars,  in 
addition  to  the  amount  heretofore   appropriated  for  the 
present  year. 

For  printing   the   public  series  of  documents  for  the  Pubiicdocu- 
preseut  year,  a  sum  not  exceeding  nine  thousand  dollars,  ^^^^' 
in  addition  to  the  amount  heretofore  appropriated  for  the 
present  year. 

For  printing  the  report  of  the  board  of  agriculture,  a  Board  of  agn- 
sum  not  exceeding  five  thousand  five  hundred  thirty-eight 
dollars,  in  addition  to  the  amount  heretofore  appropriated 
for  the  present  year. 

For  publishing  the  supplement  to  the  General  Statutes  supplement  to 
for  the  present  year,  a  sum  not  exceeding  three  hundred  uter*^^ 
dollars,  in  addition  to  the  amount  heretofore  appropriated 
for  the  present  year. 

For  assessors'  books,  a  sum  not  exceeding  two  thousand  Assessors- 
five  hundred  dollars,  in  addition  to  the  amount  heretofore 
appropriated  for  the  present  year. 


468 


1874.— Chaptek  406. 


Mashpee  and 
Gay  Head. 


Commissioners 
on  public  lands, 


Treasurer. 


State  police,  in- 
cidental  ex- 
penses. 


Demise  of 
Charles  Sumner, 


Building  In 
Pemberton 
Square. 


Door-keepers, 
messengers,  &c. 


Badges, 


Albert 
Montague. 


Taxations  and 
exemptions, 
clerical  assist- 
ance. 


For  expenses  inciUTed,  and  that  maybe  incurred,  under 
the  provisions  of  chapter  four  hundred  and  sixty-three  of 
the  acts  of  the  year  eighteen  hundred  and  sixty-nine,  and 
chapter  two  hundred  and  thirteen  of  the  acts  of  the  year 
eighteen  hundred  and  seventy,  a  sum  not  exceeding  eight 
thousand  dollars,  to  be  paid  upon  bills  approved  by  the 
governor  and  council. 

For  contingent  and  incidental  expenses  of  the  commis- 
sioners on  public  lands,  a  sum  not  exceeding  five  hun- 
dred dollars,  in  addition  to  the  appropriation  heretofore 
made  for  the  present  year. 

For  such  clerical  assistance  as  the  treasurer  may  find 
necessary,  a  sum  not  exceeding  fifteen  hundred  dollars,  in 
addition  to  the  amount  heretofore  appropriated  for  the 
present  year. 

For  incidental  and  contingent  expenses  of  the  state 
police,  a  sum  not  exceeding  six  thousand  dollars,  in  addi- 
tion to  the  amount  heretofore  appropriated  for  the  present 
year ;  and  for  the  compensation  of  constables,  a  sum  not 
exceeding  five  thousand  dollars,  in  addition  to  the  appro- 
priation heretofore  made. 

For  expenses  incurred  on  the  part  of  the  Common- 
wealth, on  account  of  the  demise  of  our  late  senator, 
Charles  Sumner,  a  sum  not  exceeding  three  thousand  dol- 
lars, in  addition  to  the  appropriation  heretofore  made. 

For  expenses  incurred  in  connection  with  the  building, 
number  thirty -three  Pemberton  Square,  during  the  year 
eighteen  hundred  and  seventy-three,  a  sum  not  exceeding 
six  hundred  dollars. 

For  the  compensation  of  the  door-keepers,  messengers 
and  pages  to  the  present  legislature,  a  sum  not  exceeding 
four  thousand  dollars,  in  addition  to  the  appropriation 
heretofore  made  for  the  present  year. 

For  badges  purchased  by  the  sergeant-at-arms,  pursuant 
to  an  order  of  the  house  of  representatives  of  March  nine- 
teenth of  the  present  year,  the  sum  of  two  hundred  and 
fifty  dollars. 

For  the  mileage  of  Albert  Montague  of  Sunderland  as  a 
member  of  the  house,  twenty-two  dollars,  which  shall  be 
allowed  and  paid. 

For  such  expenses  as  may  be  incurred  with  the  approval 
of  the  governor  and  council,  in  taking  evidence,  including 
the  compensation  of  a  short-hand  writer  should  it  be 
deemed  expedient,  (with  such  approval)  to  emj^loy  one 


1874.— Chaptee  406.  469 

b}^  the  commission  appointed  under  chapter  seventy  of  the 
resolves  of  the  present  year  authorizing  the  appointment 
of  a  commission  to  inquire  into  the  expediency  of  revising 
and  amending  the  hiws  of  the  state  relating  to  taxation 
and  exemptions  therefrom,  a  sum  not  exceeding  five  thou- 
sand dollars. 

The  unexpended  balance  of  the  first  appropriation  con-  Vienna  Expo- 
tained  in  chapter  six  of  the  resolves  of  the  year  one  thou-  "*^''"" 
sand  eight  hundred  and  seventy-three  or  so  much  thereof 
as  may  be  necessary,  may  be  used  to  cover  the  expense  of 
printing  reports  from  the  commissioner  and  associate  and 
honorary  commissioners  to  the  Vienna  exposition,  under 
the  direction  of  the  chief  commissioner;  and  the  unex- 
pended balance  of  the  second  appropriation  contained  in 
the  same  chapter  or  so  much  thereof  as  may  be  necessary, 
may  be  used  to  cover  the  expense  of  printing  the  report 
of  the  educational  commissioner  to  said  exposition,  under 
his  direction. 

No  part  of  the  moneys  appropriated  by  this  or  any  other  Editors  of  sup- 
act  for  publishing  the  supplement  to  the  General  Statutes  Irarstatute^^^' 
shall  be  paid  as  compensation  to  the  editors  except  to  such 
of  them  as  shall  render  to  the  auditor  a  certificate  that  he 
has  personally  made  the  examination  of  the  text  of  the 
statutes,  together  with  the  notes  and  references  thereto 
appended,  as  printed  in  the  supplement,  and  that  the  same 
is  correct  to  the  best  of  his  knowledo^e  and  belief. 

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

A2)i)roved  June  30,  1874. 


470 


1874.— Chapters  1,  2,  3. 


RESOLVES, 

GENERAL    A:^D    SPECIAL. 


CMp.  2. 

Medfield  to  be 
provided  with 
certain  laws 
and  documents. 


Cliajp.    1.  Resolve  in  favor  of  e.  h.  chisholm. 

Allowance  of  $7  Resolved,  That  there  be  allowed  and  paid  out  of  the 
holm.  *  treasury  of  the  Commonwealth,  to  E.  H.  Chisholm  of 

New  Bedford,  the  sum  of  seven  dollars,  being  the  balance 
of  mileage  due  him,  as  a  member  of  the  house  of  representa- 
tives for  the  year  eighteen  hundred  and  seventy-three. 

Apx>roved  February  6,  1874. 

Resolve  to  provide  the  town  of  medfield  with  certain  laws 
and  documents. 

Resolved,  That  the  secretary  of  the  Commonwealth  is 
authorized  and  directed  to  furnish  to  the  town  of  Medfield 
a  complete  set  of  the  reports  of  cases  argued  and  deter- 
mined in  the  supreme  judicial  court ;  one  copy  each  of  the 
General  Statutes  and  supplements  and  of  the  state  map ; 
also  copies  of  such  special  laws,  books  and  documents, 
now  in  his  office,  as  the  law  provides  shall  be  furnished 
by  the  Commonwealth  to  the  several  towns. 

Approved  February  6,  1874. 

CllCtV'     3.   l^ESOLVE     PROVIDING     FOR     THE     PAYMENT    OF    CERTAIN     EXPENSES 
"'         '  INCURRED    AT    THE    MILITIA    CAMP-GROUNDS    AT    FRAMINGHAM. 

^adhi'^°cam°'^  ^^solved,  That  there  be  allowed  and  paid  out  of  the 
ground  at  Fram-  trcasury,  Bud  the  same  is  hereby  appropriated,  a  sum  not 
mg  am.  exccediug  one  thousand  five  hundred  and  ten  dollars  and 

eighty  cents,  for  expenses  incurred  in  grading  and  drain- 
ing the  militia  camp-grounds  at  Framingham,  payments  to 
be  made  upon  vouchers  approved  by  the  governor  and 
council.  Approved  February  14,  1874. 


1874.— Chapters  4,  5,  6,  7,  8.  471 

Resolve  in  relation  to  the  state  lunatic  hospital  at  worces-  (JJiar)     A 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury  of  the  Commonwealth  to  the  trustees  of  the  state  lunauc'hospuri 
lunatic  hospital  at  Worcester,  the  sum  of  two  hundred  and  ***  Worcester. 
fifty  thousand  dollars  towards  the  erection  of  the  new  hos- 
pital, upon  vouchers  approved  by  the  auditor,  which  sum 
shall  be  repaid  from  the  sales  of  land  connected  with  the 
present  hospital  as  authorized  by  chapter  two  hundred  and 
two  of  the  acts  of  the  year  eighteen  hundred  and  seventy- 
one  ;  and  the  same  is  hereby  appropriated. 

Approved  February  24,  1874. 

Resolve  concerning  conveyances  of  back  bat  lands.  Cliav.    5. 

Resolved,  That  all  deeds  of  conveyance  of  lands  of  the  Deeds  may  be 
Commonwealth  in  the  Back  Bay  executed  by  any  two  of  of  the^commiT" 
the  commissioners  on  public  lands  and  approved  by  the  n" "ands'"  ^"^" 
governor  and  council  shall  have  the  same  force  and  effect 
as  if  executed  by  all  the  commissioners. 

Approved  March  4,  1874. 

Resolve  providing  for  the  payment  of  expenses  incurred  in  (JJidrt.    Q, 
the  supervision  of  the  hoosac  tunnel.  "' 

Resolved,  That  there  be  allowed   and  paid   from   the  Allowance  for 
treasury    of   the    Commonwealth   a    sum    not   exceeding  engfnecTing  at 
twenty -five  thousand  dollars,  for  engineering,  and  other  Hoosac  Timnei. 
expenses  connected  with  the  Commonwealth's   supervision 
of  the  Hoosac  Tunnel,  and  the  same  is  appropriated. 

Apjyroved  March  5,  1874. 


Ckaj^.  7. 


Resolve  authorizing  the  Massachusetts  agricultural  college 

TO  PAY  money  to  IRA  COOK. 

Resolved,  That  the  Massachusetts  Agricultural  College  Allowance  to 
is  authorized  to  pay  to  Ira  Cook  such  sum  as  the  trustees  ^'''*  *-'°°'^- 
of  said  college  may  deem  just,  not  exceeding  four  hundred 
dollars,    in    compensation   for   injuries    received   by  him 
while  in  the  employ  of  said  college. 

Approved  March  9,  1874. 

Resolve  in  favor  of  Chester  c.  conant.  Chan     8 

Resolved,  That  there  be  allowed   and  paid   from   the  Allowance  to 
treasury  to  Chester  C.  Conant,  the  sum  of  one  hundred  conam.^' 
and  fifty  dollars,  for  services  as  acting  judge  of  the  pro- 
bate court  for  the  county  of  Hampshire. 

Approved  March  9,  1874. 


472  1874.— Chapters  9,  10,  11,  12,  13,  14. 

CllCip.    9.  Resolve  in  favor  of  susan  w.  holton. 

4^oZs"u8an^         i?eso?i"ecZ,  That  there  be  allowed  and  paid  Susan  W. 
.w.  Holton.        Holton    for    services    rendered  the  special  committee  on 
returns  of  votes  for  senators  by  her  husband  J.  F.  Holton, 
the  sum  of  fifty  dollars.  Approved  March  18,  1874. 

(JJiap.  10.  Resolve  in  favor  of  benjamin  f.  sweetser. 

Allowance  for  jResolvecl,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  Ephraim  H.  Sweetser,  guardian,  the  sum  of  fifty- 
six  dollars,  for  state  aid  to  his  ward  Benjamin  F.  Sweet- 
ser, from  September  fourth  eighteen  hundred  and  seventy 
to  January  first  eighteen  hundred  and  seventy-three. 

A2:)proved  March  18,  1874. 

(JJiap.W.  Resolve  in  favor  of  william  h.  hammond. 

Allowance  for  Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  William  H.  Hammond,  the  sum  of  three  hun- 
dred and  twelve  dollars,  for  state  aid  from  April  first 
eighteen  hundred  and  seventy  to  Septenaber  first  eigliteen 
hundred  and  seventy-two.  Approved  March  18, 1874. 

Ghcip.  12.  Resolve  in  favor  of  the  city  of  la  whence. 

Allowance  to  Resolved,  That  there  be  allowed  and  paid  out  of  the 

rence.  treasury  of  the  Commonwealth  to  the  city  of  Lawrence 

the   sum  of  two   hundred  and   seventy-three  dollars  and 

forty-five  cents  for  the  support  of  James  F.  Dooley,  an 

insane  pauper.  Approved  March  18, 1874. 

Char)  IS      Resolve  in  favor  op  the  state  lunatic  hospital  at  taunton. 
Allowance  for        Resolved,  That  there  be  allowed  and  paid  out  of  the 
ton^Lunftil''"""  treasury  a  sum  not  exceeding  fifty  thousand  dollars,  to  be 
Hospital.  expended  under  the  direction  of  the  trustees  of  the  Taun- 

ton Lunatic  Hospital,  for  the  purpose  of  enlarging  the 
hospital,  and  furnishing  the  extension,  and  for  other  neces- 
sary repairs,  and  the  same  is  appropriated. 

Apiproved  March  18,  1874. 

CllClT).  14.  Resolve  to  furnish  certain  books  to  the  town  of  medway. 
Medway  to  be  Resolvcd,  That  the  secretary  of  the  Commonwealth  is 
certlL'bo^".  directed  to  furnish  the  towai  of  Medway  with  a  complete 
set  of  the  published  reports  of  the  decisions  of  the 
supreme  judicial  court  previous  to  the  tenth  volume  of 
Gray's  Eeports ;  the  General  Statutes  ;  the  Annual  Acts 
and  Resolves  from  eighteen  hundred  and  sixty  to  eighteen 
hundred  and  sixty-eight,  inclusive ;    together  with   such 


1874.— Chaptees  15,  16, 17,  18,  19,  20.  173 

other  statutes  and  books,  customarily  furnished  to  towns 
by  this  Commonwealth,  as  he  may  now  have  in  his  office. 

Apjoroved  March  18, 1874. 

Resolve  in  favor  of  clakissa  adams.  CllClT).  15. 

Resolved^  That  on  and  after  the  first  day  of  January,  Allowance  for 
in  the  year  eighteen  hundred  and  seventy-four,  Clarissa  ^      ^  ' 
Adams  be  paid  the  same  amount  of  state  aid  that  she 
would  have  been  entitled  to  receive  had  her  husband  been 
mustered  into  the  service  at  the  time  of  his  death. 

Approved  March  19,  1874. 
Resolve  in  favok  of  willard  e.  slade.  Phaii  1 6 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  for 
treasury,  to  Willard  E.  Slade,  the   sum  of  one  hundred  ''^'^^"^• 
and  twenty-six  dollars,  for  state  aid. 

Approved  March  23, 1874. 
Resolve  in  favor  of  robert  s.  rantoul.  Oh  an  1 7 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  of 
treasury  to  Robert  S.  Rantoul  the  sum  of  one  thousand  I'-Rautova.'''''''* 
dollars  in  full  compensation  for  his  services  as  arbitrator 
between  the  Commonwealth  and  the  Massachusetts  His- 
torical Society  in  the  matter  relating  to  the  custody  of  the 
Hutchinson  papers,  under  the  provisions  of  chapter  eighty- 
one  of  the  resolves  of  eighteen  hundred  and  seventy-one. 

Approved  March  27,  1874. 
Resolve  in  favor   of   the  Massachusetts   school  for  idiotic  ni^f.r,^  IQ 

and  feeble-minded  youth.  \JllWj).  ±o. 

Resolved,  That  there  be  allowed  and  paid  to  the  Massa-  Allowance  to 
chusetts  School  for  Idiotic  and  Feeble-minded  Youth  the  loewi-mtoded 
sum  of  twenty-five  hundred  dollars  for  sundry  repairs,  and  "^<^'^^^- 
one  thousand  dollars  annually  in  addition  to  the  sum  now 
authorized.  Approved  April  1, 1874. 


CTiap.l^. 


and  made  valid. 


Resolve  to  confirm  a  deed  made  by  the   ADMr>asTRATOR  of 

the   ESTATE   OF  JOEL  PIERCE,   DECEASED. 

Resolved,  That  the  deed  of  Elisha  P.  Hollis,  adminis-  Deed  confirmed 
trator,  to  William  Greenwood,  dated  August  eighteenth, 
one  thousand  eight  hundred  and  sixty-eight,  and  recorded 
in  the  jNliddlesex  South  District  registry  of  deeds,  book 
one  thousand  and  forty-eight,  leaf  one  hundred  and  thirty- 
three,  is  confirmed  and  made  valid.     Approved  April  1, 1874. 


CJiap.20. 


Resolve  in  favor  of  the  widow  of  james  m.  bunker. 
Resolved,  That  there  be  allowed  and  paid  to  the  widow  Allowance  to 

60 


of  James  M.  Bunker,  late  judge  of  probate  and  insolvency  M.^Bunker.^'^^^ 


474 


1874.— Chapters  21,  22,  23,  24,  25,  26. 


(7%9.21. 

Allowance  for 
state  aid. 


Chap.22. 

Allowance  for 
state  aid. 


Chap.2'd. 

Allowance  for 
state  aid. 


Chap.  24. 

Allowance  for 
state  aid. 


Chap.25. 

Allowance  for 
benefit  of  John 
McGrath. 


Chap.26. 

Allowance  for 
building  work- 
shops,  engines 
and  machinery 
at  state  prison. 


for  the  county  of  Nantucket,  the  sum  of  fifty-five  dollars 
and  fifty-five  cents,  being  the  amount  of  salary  to  which  he 
would  have  been  entitled  had  he  lived  to  the  end  of  the 
year.  A2wroved  April  9, 1874. 

Resolve  en  favor  of  Elizabeth  jiartindale. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury,  to  Elizabeth  Martindale,  of  Ashburnham,  the 
sum  of  one  hundred  and  thirty-three  dollars  for  state  aid 
from  the  twenty-second  day  of  February  eighteen  hundred 
and  sixty-eight  to  the  first  day  of  December  eighteen  hun- 
dred and  seventy.  Ajjproved  April  10, 1874. 

Resolve  in  favor  of  mary  l.  tarbox. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  Mary  L.  Tarbox,  wife  of  George  W.  Tarbox,  of 
Georgetown,  the  sum  of  ninety-eight  dollars,  as  state  aid, 
in  full.  Ai->provecl  Ajjril  10,  1874. 

Resolve  m  favor  of  nehemiah  c.  furnald. 
Resolved,  That   there   be   allowed   and   paid  from  the 
treasury  to  Nehemiah  C.  Furnald,  the  sum  of  one  hundred 
and  forty-four  dollars,  for  state  aid,  in  full. 

Aj)x>rovecl  April  10,  1874. 

Resolve  en  favor  of  Catherine  harvey. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  Catherine  Harvey,  the  sum  of  one  hundred  and 
six  dollars,  being  the  amount  of  state  aid  to  which  she  was 
entitled  from  March  first  eighteen  hundred  and  seventy  to 
May  fifteenth,  eighteen  hundred  and  seventy-two. 

Approved  April  10,  1874. 

Resolve  in  favor  of  john  mcgrath. 
Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  to  the  overseers  of  the  poor  of  the. town  of  Fram- 
ingham,  the  sum  of  one  hundred  dollars  for  the  benefit 
of  John  McGrath.  A^yproved  April  10, 1874. 

Resolve  relating  to  the  state  prison. 
Resolved,  That  the  sums  hereinafter  named  be  allowed 
and  paid  out  of  the  treasury  for  the  following  purposes  : 
A  sum  not  exceeding  twenty-five  thousand  dollars,  to  be 
expended  in  rebuilding  the  workshops  at  the  state  prison, 
which  were  recently  destroyed  by  fire.  A  sum  not  exceed- 
ing seven  thousand  dollars  for  additional  shop-room  and  a 
sum  not  exceeding  fifteen  thousand  dollars  for  engines  and 


1874.— Chapters  27,  28,  29,  30,  31.  475 

machineiy ,  to  be  expended  only  in  case  such  expenditure  is 
deemed  necessary  by  the  governor  and  council  and  by  the 
warden  and  inspectors  of  said  prison.  All  said  sums  are 
to  be  expended  by  the  warden  and  inspectors  under  the 
direction  of  the  governor  and  council,  and  the  same  are 
hereby  appropriated.  Approved  April  16, 1874. 

Resolve  authorizing  the  payment  of  a  sewer  assessment  on  Chctp.27. 

THE  property  OF  THE  STATE   LITNATIC  HOSPITAL  IN  WORCESTER.  ^ 

Resolved,  That  there  be  allowed  and  paid  to  the  city  of  $"?4l'9o''tVthe 
Worcester  the  sum  of  three  thousand  seven  hundred  and  cityo/worcea. 
forty-nine  dollars  and  ninety  cents  on  account  of  benefit  to 
the  land  of  the  Worcester  Lunatic  Hospital  from  sewers 
and  drains  constructed  in  said  city,  and  the  same  is  hereby 
appropriated.  Apjjroved  April  15, 1874. 

Resolve  in  favor  of  joseph  mcevoy.  C7lCt7).2iS. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  treas-  Allowance  for 
ury  to  the  guardian  of  Joseph  McEvoy,  minor,  son  of  ®*'*'®  ^^*^- 
Joseph  McEvoy  deceased,  the  sum  of  forty-four  dollars  and 
eighty  cents  for  state  aid.  Ajyproved  April  15, 1874. 

Resola'-e  in  aid  of  discharged  female  prisoners.  CJiap.'^Q. 

Resolved,  That   there   be  allowed   and   paid   from  the  Allowance  for 
treasury,  under  the  direction  of  the  governor,  a  sum  not  chai^"cf female 
exceeding   fifteen   hundred    dollars,    for   the   purpose    of  prisoners. 
assisting  discharged  female  prisoners. 

Approved  April  15, 1874. 


Resolve  in  favor  of  the  disabled  soldiers'  employment 

BUREAU. 


Resolved,  That  there  be  allowed  and  paid  out  of  the  Disabled  soi- 
treasury  the  sum  of  three  thousand  dollars,  to  the  disabled  ment'bi^^eiuf" 
soldiers'  employment  bureau.  Approved  Ap>ril  15, 1874. 

Resolve  providing  for  the  expense  of  refitting  a  building  f^Tf/yj)  Q1 

IN   PEMBERTON   SQUARE.  f^JJ'Oi.. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Expense  of  re. 
treasury  a  sum  not  exceeding  four  thousand  seven  hundred  fu  pembemn^ 
and  fifty  dollars,  to  be  expended  under  the  direction  and  Square,  Boston. 
with  the  approval  of  the  committee  on  the  state  house,  for 
the  purpose  of  defraying  the  expenses  of  altering,  fitting 
up,  and  furnishing  the  building  in  Pembertoii  Square,  in 
Boston,  recently  leased  by  the  state,  and  numbered  thirty- 
three.  Approved  April  15,  1874. 


476 


1874.— Chapters  32,  33,  34. 


Allowance  of 

$8,500  to  the 
Mass.  Chari- 
table Eve  and 


C7l(ip.32.  Resolve  in  favor  of  the  Massachusetts  charitable  eye  and 
^         '  ear  infirmary. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury  the  sum  of  eight  thousand  five  hundred  dollars, 
Ear  Infirmary,  to  the  Massachusetts  Charitable  Eye  and  Ear  Infirmary, 
to  be  expended  under  the  direction  of  the  managers 
thereof,  for  the  charitable  purposes  of  said  infirmary  dur- 
ing the  present  year ;  and  the  said  managers  shall  report 
to  the  board  of  state  charities,  as  required  by  chapter  two 
hundred  and  forty-three  of  the  acts  of  the  year  eighteen 
hundred  and  sixty-seven.  A2n'>roved  April  15, 1874. 

OhaV   33     I^E'^OLVE  TO  FURNISH  CERTAIN   DOCUMENTS  AND   STANDARD  WEIGHTS 
^  *  *  AND   MEASURES   TO   THE   TOWN   OF  ROCKLAND. 

Resolved,  That  the  secretary  of  the  Commonwealth  be 
authorized  and  directed  to  furnish  the  town  of  Rockland 
a  full  set  of  the  reports  of  the  decisions  of  the  supreme 
judicial  court ;  one  copy  of  the  General  Statutes ;  and 
copies  of  all  such  books  and  documents  in  his  office  as 
may  heretofore  have  been  furnished  by  the  Commonwealth 
to  towns.  The  secretary  is  authorized  to  purchase  such 
of  the  reports  and  statutes  aforesaid  as  may  be  necessary 
to  carry  into  efiect  this  resolve. 

Resolved,  That  the  treasurer  be  authorized  and  directed 
to  furnish  said  town  with  a  complete  set  of  standard 
weights,  measures  and  balances,  such  as  each  town  is  by 
law  required  to  keep  for  the  use  of  its  inhabitants. 

A])jiroved  Ajyril  21,  1874. 


Rockland  to  be 
furnished  with 
certain  reports 
and  documents. 


Chap.  34. 

Harbor  commis- 
sioners to  settle 
damages  caused 
by  construction 
of  dike  across 
East  Harbor. 


Settlements  to 
be  approved  by 
governor  and 
council. 


Resolve  in  relation  to  the  flats,  meadows  and  beaches  on 

EAST  harbor   creek  IN  PROVINCETOWN   AND   TRURO. 

Resolved,  That  the  board  of  harbor  commissioners  is 
hereby  authorized  to  compromise  and  settle  in  behalf  of 
the  Commonwealth  any  demands  that  seem  to  the  board, 
just,  of  any  persons  or  corporations,  for  injuries  resulting 
to  meadows,  flats  and  beaches,  in  Truro  and  Province- 
town,  in  the  county  of  Barnstable  from  the  construction 
by  the  Commonwealth  of  a  dike  across  the  outlet  of  East 
Harlior,  or  to  purchase  in  behalf  of  the  Commonwealth 
the  fee  of  said  meadows,  flats  and  beaches  or  of  any  part 
of  them,  and  to  receive  on  behalf  of  the  Commonwealth 
conveyances  or  releases  of  the  same,  or  agreements  con- 
cerning the  same :  provided,  however,  that  such  settle- 
ments, purchases,  conveyances,  releases  or  agreements 
shall  be  sul^ject  to  the  approval  of  the  governor  and  coun- 
cil ;  and  that  there  shall  be  allowed  and  paid  out  of  the 


1874.— Chaptees  35,  36,  37,  38.  477 

treasury  of  the  Commonwealth  for  the  pm'poses  of  this 
resolve  a  sum  not  exceeding  ten  thousand  dollars,  and 
the  harbor  commissioners  may  in  making  any  purchase 
of  any  of  said  meadows,  flats  and  beaches,  or  after  the 
same  have  been  conveyed  to  the  Commonwealth  make  any 
agreements  concerning  future  occupation  of  the  same  or 
concerning  any  rights  or  interests  of  persons  or  corpora- 
tions in  the  same  which  to  said  board  may  seem  fit  and 
proper,  subject,  however,  to  the  approval  of  the  governor 
and  council.  Ax>proved  April  21, 1874. 

Resolve  in  favor  of  mary  rosannah  burke.  Chap.35. 

Resolved,  That  David  W.  Low,  guardian  of  Mary  Ro-  Allowance  for 
sannah  Burke,  be  entitled  to  receive  for  her  use,  the  same  ^"*^'^'*''^- 
amount  of  state  aid,  commencing  from   March   eighteen 
hundred    and    seventy-three,  that    she  would   have    been 
entitled  to  receive  had  she  been  born  at  the  time  of  the 
enlistment  of  her  father,  William  Burke. 

Approved  Ax)ril  21,  1874. 

Resolve  in  favor  of  john  e.  bulmer.  CJlCip.SQ. 

Resolved,  That  on  and  after  the  first  day  of  January  in  Allowance  for 
the  year  eighteen  hundred  and  seventy-four,  John  E.  Bui-  ^^^^'^  ^^^' 
mer  be  entitled  to  receive  tlie  same  amount  of  state  aid 
that  he  would  have  been  entitled  to  receive,  had  he  been 
born  before  his  father's  discharge  from  the  military  service 
of  the  United  States.  Ai^piroved  Aiyril  21,  1874. 


Clia^.Zl. 


Resolve  providing  for  the  preparation  of  a  new  catalogue 
of  the  state  library. 

Resolved,  That  a  sum  not  exceeding  six  hundred  dol-  Allowance  for 
lars  be  allowed  and  paid  out  of  the  treasury  towards  de-  foi^smeVtoary. 
fraying  the  expense  •  of  preparing  a  new  catalogue  of  the 
state  library,  and  a  sum  not  exceeding  two  hundred  dol- 
lars, for  incidental  expenses ;  said  sum  to  be  expended 
under  the  direction  of  the  trustees  and  the  librarian. 

Approved  Apiril  21, 1874. 

Resolve  in  favor  of  Patrick  buckley.  Cjliai),  38. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  of 
treasury  to  Patrick  Buckley,  the  sum  of  two  hundred  and  BulLiey^'**"'^^ 
fifty  dollars  for  injuries  sustained  at  the  Hoosac  Tunnel 
while  in  the  employment  of  the  Commonwealth. 

Aiyproved  April  24,  1874. 


478  1874.— Chapters  39,  40,  41,  42,  43. 

(Jliap.  39.  Resolve  TO  authorize  the  county  cojoiissioners  for  the  county 

J-  '         '  OF  ESSEX  to  borrow  MONEY  FOR  CERTAIN  PURPOSES. 

Esses  County         Hesolved,  That  the  county  commissioners  for  the  county 

commissioners  '  ,  «/  i  t  /»         •  i 

may  borrow  of  Esscx  are  authorized  to  borrow,  on  the  credit  of  said 
county,  a  sum  not  exceeding  seventy-five  thousand  dollars, 
to  be  expended  in  the  completion  of  an  addition  to  the 
house  of  correction  and  jail  at  Lawrence  in  said  county. 

Approved  April  28,  1874. 

Chap.  40.  Resolve  confirming  the  acts  of  luke  lyman,  register  of  pro- 

^  *  *  BATE  AND   INSOLVENCY   FOR   HAMPSHIRE   COUNTY. 

4'erofprobafe'       Resolvcd,  That  all  the  official  acts  of  Luke  Lyman  as 
and  insolvency,    register  of  probatc  and  insolvency  for  the  county  of  Hamp- 

lor  Idampsiiirc  o  i.  •/  »'  x 

County,  con-       shirc,  bctweeu  the  first  Wednesday  of  January  in  the  year 
'""^  '  eighteen  hundred  and  seventy-four  and  the  twenty-sixth 

day  of  March  in  the  same  year,  so  far  as  the  same  would 
otherwise  be  invalid  by  reason  of  his  omission  to  take 
the  oaths  and  give  the  bond  required  by  law,  are  hereby 
confirmed  and  made  valid.  Apiproved  April  28, 1874, 

(J]iap.4i\..  Resolve  to  confirm  and  make  valid  a  deed   made  by  the 

^  '         '       ADMINISTRATOR  OF  THE  ESTATE  OF  RICHARD  STICKNEY   DECEASED. 

Deed_of  c^haries      Resolved,  That  the  deed  of  Charles  T.  Stickney,  admin- 
administrator,     istrator  to  William  H.  Nichols,  dated  May  seventh,  in  the 
madeTaiid!"      year  eighteen  hundred  and  sixty-one,  and  recorded  in  the 
Essex  registry  of  deeds  for  the  southern  district,  book  six 
hundred  and    twenty- three,  leaf  one  hundred  and  forty- 
seven,  is  confirmed  and  made  valid. 

Ajjproved  May  7,  1874, 

Chcip.  42.  Resolve  in  favor  of  sarah  m.  tuttle. 

&t"t°e^d°^  for  Resolved,  That  on  and  after  the  first  day  of  January, 
in  the  year  eighteen  hundred  and  seventy-four,  Sarah  M. 
Tuttle  of  Boston,  Avidow  of  Edwin  A.  Tuttle,  first 
lieutenant  corps  d'Afrique,  be  taken  and  deemed  to  be 
entitled  to  receive  the  same  amount  of  state  aid,  that  she 
would  have  been  entitled  to  receive,  had  her  husband  been 
credited  to  the  quota  of  Massachusetts,  at  the  time  of  his 
decease.  Approved  May  7, 1874. 

njiav.43.  Resolve  to  confirm  the  title  to  land  sold  by  the  town  of 

■^  *         *  WINCHESTER. 

Title  confirmed,      Bssolved,  That  the  conveyance  by  the  inhabitants  of  the 

to  land  sold  by  -  __,^,       ,  ,       ^  tt    >^i  •        •  i    j.     i 

town  of  Win-  towu  of  Winchester,  to  George  H.  Chapman,  junior,  dated 
April  first,  in  the  year  eighteen  hundred  and  seventy-one, 
and  recorded  in  the  Middlesex  south  district  registry  of 
deeds  in  book  one  thousand  one  hundred  and  fifty-three, 


Chester. 


1874.— Chapters  44,  45,  46.  479 

page  three  liiiudred  and  eightj^-uine,  is  confirmed  and  made 
valid  to  pass  an  estate  in  fee  simple  in  and  to  the  lands 
which  the  same  purports  to  convey  and  discharged  of  all 
claims  thereupon  by  the  inhabitants  of  district  number  five 
of  Woburn.  Approved  May  7, 1874. 

Resolve  in  favor  of  the  museum  of  comparative  zoology.  Cll(ip.4A. 
Resolved.  That  whereas  the  proposed  Agassiz  Memorial  f  "o;?""''^  of 

T-,,.  ,,  ,  ,  ■••,.  ?»^r  p  $oO,000  for  com- 

Jb  und  is  to  be  devoted  to  the  completion  ot  the  Museum  ot  pietion  of  Muse- 
Comparative  Zoology,  as  the  best  possible  recognition  of  "i"  zooi'ogyr'* 
the  benefits  conferred  upon  the  state,  by  the  labors  of  the  flind"amo'JJ^tTto 
great  naturalist,  as  an  educator  of  the  whole  community,  $250,000. 
and  to  the  end  that  said  museum  may  for  all  time  fulfil  the 
aspirations  of  its  originator ;  therefore 

Resolved,  That  when  the  said  memorial  fund  shall  amount 
to  the  sum  of  two  hundred  and  fifty  thousand  dollars,  sub- 
scribed and  paid  in  from  private  sources,  that  then  there  be 
allowed  and  paid  from  the  treasury  to  the  trustees  of  the 
Museum  of  Comparative  Zoolog}'',  the  sum  of  fifty  thousand 
dollars.  Approved  May  11,  1874. 

Resolve  granting  county  taxes.  CJl(lV'4:5» 

Resolved,  That  the  sums  placed  against  the  names  of  the  county  taxes. 
several  counties  in  the  following  schedule,  are  granted  as 
a  tax  for  each  county,  respectively,  to  be  collected  and 
applied  according  to  law  : — 

Aliddlesex. — One  hundred  and  ninety-two  thousand 
dollars. 

Worcester. — One  hundred  and  eighty  thousand  dollars. 

Essex. — One  hundred  and  forty  thousand  dollars. 

Barnstable. — Fourteen  thousand  dollars. 

Bristol. — One  hundred  and  three  thousand  dollars. 

Norfolk. — Ninety  thousand  dollars. 

Hampden. — Eighty-nine  thousand  nine  hundred  fifty- 
seven  dollars  and  sixty-one  cents. 

Berkshire. — Eighty  thousand  dollars. 

Plymouth. — Forty-five  thousand  dollars. 

Franklin. — Thirty-five  thousand  dollars. 

Hampshire. — Thirty-eight  thousand  dollars. 

Dukes. — Six  thousand  dollars.        Approved  May  11, 1874. 

Resolve  en  favor  of  Harriet  e.  stone.  ChctlJ  46 

Resolved,  That  from  and  after  January  first,  eighteen  Allowance  for 
hundred   and   seventy-four,    Harriet   E.    Stone   shall   be  ^*^**^'^- 
entitled  to  receive  the  amount  of  state  aid  that  she  would 


480  1874.— Chaptees  47,  48,  49,  50,  51. 

have  been  entitled  to  receive  had  her  husband,  Henry  L. 
Stone,  served  the  full  period  of  his  enlistment  in  the 
twenty-third  regiment  of  Massachusetts  volunteers. 

A])proved  May  11,  1874. 

Chap.  47.  Resolve  in  favor  of  Patrick  haley. 

^eZnefitof''        Resolved,  That  there  be  allowed  and  paid  out  of  the 

Patrick  Haley,    trcasury  to  the  mayor  of  the  city  of  Cambridge,  for  the 

use  and  benefit  of  Patrick  Haley,  the  sum  of  two  hundred 

and  forty  dollars,  being  the  balance  of  military  bounty  due 

him.  Approved  May  11, 1874. 

ChciT).  48.  Resolve  ik  favor  of  willie  l.  paine. 

Allowance  for        Resolved,  That  from  and  after  December,  eighteen  hun- 

the  benefit  of  '  in-ij./' 

Willie  L.  Paine,  drcd  and  scventy-threc,  there  be  allowed  ana  paid  out  oi 
the  treasury  to  Louanna  Paine,  mother  of  Willie  L.  Paine, 
for  his  benefit,  the  whole  amount  of  state  aid  which  he 
would  have  been  entitled  to  receive  had  he  been  born 
during  the  life  of  his  father,  Lorenzo  Z.  Paine. 

Approved  May  11,  1874. 

Ch(ip.4Q.  Resolve  in  favor  of  jane  parks. 

^arks^^^'^'^"'^^  R^^olved,  That  during  the  period  of  two  years  from  the 
first  day  of  January  eighteen  hundred  and. seventy-five  an 
annuity  of  two  liuudred  dollars  per  annum,  in  equal 
quarterly  payments  shall  be  paid  to  Jane  Parks  of  Cam- 
bridge, widow  of  the  late  James  Parks. 

Approved  May  11,  1874. 

Chap.  50.  Resolve  in  favor  of  w.  r.  mudge. 

w^R^Mud  e  Resolved,  That  from  and  after  the  first  day  of  January, 
eighteen  hundred  and  sixty-nine,  there  be  paid  from  the 
treasury  to  W.  R.  Mudge,  of  Lynn,  an  annuity  of  one 
hundred  dollars  during  his  natural  life,  in  consideration  of 
his  mutilation  and  great  sufierings  during  the  late  war. 

Approved  May  18, 1874. 

CJlQV.B^'  Resolve  in  favor  of  john  farran. 

state  aid  for  Resolved,  That  the  guardian  of  John  Farran  shall  re- 

ceive, for  the  benefit  of  said  John  Farran,  the  amount  of 
state  aid,  after  January  first  of  the  present  year,  that  said 
John  would  have  been  entitled  to  had  he  been  born  before 
the  discharge  of  his  father  from  the  United  States  navy. 

Approved  May  22, 1874. 


Joliu  Farrau. 


1874.— Chaptees  52,  53,  54.  481 

Resolve  in  favor   of  Catherine  waterman,  administratrix,  nhnrr^  59 

Resolved,  That  for  reasons  set  forth  in  the  petition  of  Catherine 
Catherine    Waterman,   administratrix,    there    be    allowed  ^mfSatrix. 
and  paid  out  of  the  treasiuy,  to  said  petitioner,  the  sum 
of  twenty-two  hundred  seventy-four  dollars  forty  cents, 

Ajyproved  May  22,  1874. 


Chap.  53. 


Resolve  in  relation  to  the  crossing  by  the  eastern,  and 

boston  and   ALBANY  RAILROADS,  OF   CERTAIN   STREETS  AT   GRADE 
IN   EAST   BOSTON. 

Resolved,  That  the  petition  of  Samuel  C.  Cobb,  mayor  Petition  of 
of  the  city  of  Boston,  for  a  change  in  the  location  of  the  ^'7r°efe°rr^°to 
Eastern  Railroad  and  the  Boston  and  Albany  Railroad,  in  ^iSerr" 
East  Boston,  so  as  to  prevent  the  crossing  at  grade  of 
Marion  Street,  Prescott  Street,  Porter  Street,  Maverick 
Street,  Sumner  Street  and  Webster  Street  by  the  tracks 
of  said  corporations,  be  referred  to  the  board  of  railroad 
commissioners  with  instructions  to  consider  and  report, 
as  soon  as  practicable  and  not  later  than  the  first  week  of 
the  session  of  the  next  general  court,  what  change,  if 
any,  should  be  made  in  the  locations  of  said  raih'oads  in 
the  city  of  Boston,  or  what  change,  if  any,  should  be 
made  in  any  highway  in  said  city,  or  what  measures  of 
any  kind  whatever  can  or  ought  to  be  taken  for  the  pur- 
pose of  obviating  the  present  crossing  of  the  said  streets 
in  said  city  at  grade  by  the  tracks  of  the  said  railroad 
corporations ;  and  also  a  plan  for  the  equitable  apportion- 
ment between  any  railroad  corporations  interested,  the 
city  of  Boston  and  any  persons  or  corporations  interested, 
of  the  expense  of  any  change  of  grade  or  location  either 
of  the  railroads  or  of  any  highway  or  the  carrying  out  of 
any  measures  which  in  the  judgment  of  the  board  may 
be  required  by  considerations  of  public  safety  and  con- 
venience. Approved  May  22,  1874. 

Resolve  to  confirm  and  make  valid  a  deed  made  by  robert  QJiQ/r)  54 

WHIPPLE  AND   others,  TRUSTEES.  "' 

Resolved,  That  the  deed  to  Seth  Norwood,  from  Robert  Deed  confirmed. 
Whipple  and  others,  trustees,  recorded  in  the  registry  of 
deeds  for  Essex  County,  southern  district,  in  book  eight 
hundred  and  seventy-nine,  leaf  one  hundred  and  seventy- 
four,  be,  and  the  same  is  hereby  confirmed  and  made 
valid  to  pass  the  title  to  all  the  estate  therein  described. 

Approved  May  26,  1874. 
61 


482  1874.— Chapters  55,  56,  57,  58,  59. 

Chap.  55.  Resolve  in  favor  of  abel  c.  martin. 

f,"n«^'*°''1  ?^,         Resolved.  That  there  be  allowed  and  paid  out  of  the 

$1,000  to  Abel       ,  .iii^TiTj'  ji  f  ,1  -I 

c.  Martin.  treasuiy,  to  Abel  C.  Martin,  the  sum  ot  one  thousand 
dollars,  for  labor  performed  and  plans  made  under  direc- 
tion of  the  state  prison  inspectors  and  by  authority  of 
chapter  thirty-nine  of  the  resolves  of  eighteen  hundred 
and  seventy-two  :  provided,  that  said  Martin  shall  accept 
the  same  in  full  compensation  for  all  labor  performed  and 
expenses  incurred  under  the  authority  of  said  resolve. 

\_The  foregoing  Resolve  having  been  laid  before  the  Lt.- 
Governor  on  the  22d  of  May,  and  not  being  returned  by 
him  with  his  objections  within  five  days  after  receiving  the 
same,,  as  prescribed  by  the  Constitution,  became  a  law  on 
the  27th  of  May,  inst.] 

ChaV   56     JE^ESOLVE   RELATING   TO    THE   CONSTRUCTION    AND    MAINTENANCE    OF 
^  '         '  A   BRIDGE   OVER  A  TOWN   WAY  IN   THE  TOWN   OF  ADAMS. 

conBtruction  Resolved,  That,  if  the  town  of  Adams,  under  the  direc- 

ofbridgeintown  tiou  of  the  statc  engineer  and  to  the  satisfaction  of  the 
0  Adams.  govcmor  and  council,  shall  cause  to  be  constructed  stone 
abutments  for  a  bridge,  at  the  crossing  of  the  Troy  and 
Greenfield  Eailroad  over  Ashland  Street  in  said  town,  and 
within  such  time  as  the  governor  and  council  shall  pre- 
scribe, then  the  governor  and  council  may  cause  to  be 
constructed  a  bridge  over  said  Ashland  Street ;  and  said 
town  shall  be  relieved  from  the  care  and  maintenance  of 
said  bridge  or  abutments,  upon  compliance  with  the  pro- 
visions of  this  resolve.  Apj^wved  June  2, 1874. 

Chap.  57.         Resolve  in  favor  of  the  town  of  new  marlborough. 
Allowance  for        Resolved,  That  there  be  allowed  and  paid  to  the  town 

support  of  state  -.-.t  -n/rn  ii  i>       •  i  in  1 

pauper.  01  JMcw  Marlborough,  the  sum  ot  sixty-three  dollars  and 

eighteen  cents  for  the  support  of  Ellen  Williams,  a  slate 
pauper.  Apjyrovcd  June  2, 1874. 

Chart  58  I^^solve  in  favor  of  the  Massachusetts  agricultural  college. 
Allowance  of  Rcsolvcd,  That  the  sum  of  eighteen  thousand  dollars 
$18,000.  gi^^ij  ^^  allowed  and  paid  to  the  Massachusetts  Agricultu- 

ral College,  in  aid  of  that  institution,  and  the  same  is 
hereby  appropriated.  Approved  June  5, 1874. 

Chap.  5^.  Resolve  concerning  the  width  of  rims  of  wheels. 

Width  of  rims  Resolved,  That  the  state  board  of  agaiculture  is  in- 
structed to  institute  investigations,  with  the  aid  of  the 
professor  of  physics  and  civil  engineering  of  the  agricult- 
ural   college,   into   the    most  suitable  width  of   rims    to 


1874.— Chaptees  ^0,  61, 62,  63,  64.  483 

wheels  of  loaded  wagons,  with  reference  to  draught,  and 
wear  and  tear  of  highways,  and  report  to  the  next  general 
court :  provided,  that  the  whole  expense  to  be  incurred 
under  this  resolve  shall  not  exceed  six  hundred  dollars. 

Approved  June  5,  1874. 

Resolve  in  favor  of  john  mangen.  CJl(l7).Q0. 

Hesolved,  That  from  the   first  day   of  January  of  the  John  Mangen  to 
present  year,  John  Mangen  shall  be  entitled  to  receive  ^df""^'"'^  ^^^'^ 
state  aid  as  provided  by  chapter  one  hundred  and  seventy- 
two  of  the  acts  of  eighteen  hundred  and  sixty-six. 

Approved  June  5,  1874. 

Resolve  in  favor  of  CATnERiNE  d.  russell.  (7/i«7>.  61. 

Hesolved,  That  state  aid  be  allowed  to  Catherine  D.  catiienneD. 
Eussell,    of    Petersham,,  from   and    after    January    first,  Slowed *^ta^ 
eighteen  hundred  and  seventy-four,  at  the  rate  of  four  ^"^" 
dollars  a  mouth.  Approved  June  o,  1874. 

Resolve  concerning  the  education  of  children  employed  in  Oh(Xp.Q2. 

MANUFACTURING   ESTABLISHMENTS.  "^   ' 

Hesolved,  That  the  bureau  of  statistics  on  the  subiect  E^iucationof 

/•ii'T  1  ipi  T  •  n  criildrcn  in  man- 

of  labor  is  directed  to  prepare  a  plan  for  the  education  of  ufacturing  es. 
children  employed  in  manufacturing  establishments,  and 
report  the  same  to  the  next  general  court  with  the  next 
annual  report  of  said  bureau.  Approved  Jwie  5, 1874. 

Resolve  relative  to  the  erection  of  a  davelling-house  for  CJlCip.QS. 

THE  superintendent  OF  THE  STATE  ARSENAL   AT  SOUTH  FRAMING- 
HAM,  AND  FOR  GRADING  AND   FENCING  THE   STATE  CAMP-GROUND. 

Hesolved,  That  a  sum  not  exceeding  ten  thousand  dol-  nweiiing-honse 
lars  be  appropriated  to  be  paid   out   of  the  treasury,  of  dent  of  state 
which  the  quartermaster-general  is  authorized  to  expend  a  ^'■®'^"'*  • 
sum  not  to  exceed  six  thousand  dollars  for  the  erection  of 
a  dwelling-house,  for  the  use  of  the  superintendent  of  the 
state  arsenal  at  South  Framingham,  and  a  sum  not  exceed- 
ing four  thousand  dollars  for  grading  and  fencing  the  state  Grading  and 
camp-ground.  Approved  June  5, 1874.      J-ound."""^" 

Resolve  in  favor  of  the  town  of  stoughton.  Chc(p.Q4:. 

Hesolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasury  to  the  town  of  Stoughton,  tlie  sum  of  eight  hun-  stoughton. 
dred  and  thirty-one  dollars  and  twelve  cents,  the  same 
being  for  money  unjustly  paid  for  the  support  of  William 
Feeley,  in  the  lunatic  hospital  at  Taunton,  with  interest 
and  cost  on  the  same.  Approved  June  10,  1874. 


484 


1874.— Chapters  65,  66,  67. 


Cha2).65. 

Allowance  for 
state  aid  to 
Natina  S.Gil  ley 


Chaj).  66. 


Ventilation  of 

representatives' 

chamber. 


Chap.67. 


Allowance  to 
Vermont  & 
Massachusetts 
R.  R.  Co. 


Allowance  to 
Fitchburg  R.  R. 
Co. 


Resolve  in  favor  of  natina  s.  gilley. 
Resolved,  That  from  and  after  March  first,  eighteen 
hundred  and  seventy-four,  there  be  allowed  to  Samuel  S. 
Tobey,  guardian  of  Natina  S.  Gilley,  for  her  benefit,  the 
same  amount  of  state  aid  that  she  would  have  been  enti- 
tled to  had  she  been  born  during  the  life  of  her  father, 
Nathaniel  8.  Gilley.  Ajjj^roved  June  10, 1874. 

Resolve  providing  for  the  expense  of  securing  a  better  ven- 
tilation OF  THE  REPRESENTATIVES'  CHAMBER. 

Resolved,  That  there  be  allowed  and  paid  out  of  the 
treasury,  a  sum  not  exceeding  fifteen  hundred  dollars,  to 
be  expended  by,  and  under  the  direction  and  approval  of 
the  committee  on  the  state  house,  for  the  purpose  of  de- 
fraying the  expense  of  securing  a  better  ventilation  of  the 
representatives'  chamber.  Approved  June  10, 1874. 

Resolve  providing  for  the  payment  for  certain  constructions 

AND  repairs  on  THE  TROY  AND   GREENFIELD  RAILROAD. 

Resolved,  That  the  governor  and  council  are  authorized 
to  pay  to  the  Vermont  and  Massachusetts  Railroad  Com- 
pany, their  successors  or  assigns,  such  sums  as  may  be 
shown  by  said  railroad  company  to  have  been  reasonably 
and  properly  expended  by  said  company  in  the  construc- 
tion and  reljuilding  of  a  passenger  station  at  Shelburne 
Falls,  an  engine-house  at  Hoosac  Tunnel,  and  a  bank- wall 
cast  of  Zoar  Station,  not  to  exceed  in  all  the  sum  of  thirty- 
three  hundred  and  sevent3^-eight  dollars  :  and  such  sum, 
not  exceeding  thirty-three  hundred  and  seventy-eight  dol- 
lars, is  hereby  appropriated  to  be  paid  out  of  the  treasury 
of  the  Commonwealth  for  the  purpose  aforesaid. 

Resolved,  furtJier ,  That  the  expenditure  by  the  Fitch- 
burg  Railroad  Company,  between  the  first  day  of  April 
last  and  the  first  day  of  October  next,  upon  repair  of  the 
road-bed  and  track  of  the  Troy  and  Greenfield  Railroad, 
of  such  sum,  not  to  exceed  the  rent  accrued  and  to  accrue 
between  said  dates  and  up  to  said  first  day  of  October, 
under  the  lease  now  held  by  said  Fitchburg  Railroad  Com- 
pany, is  hereby  authorized,  approved  and  ratified;  and 
that  the  amount  so  expended,  and  to  be  expended,  shall, 
upon  satisfactory  proof  to  the  governor  and  council  of 
such  expenditure,  be  accepted  and  allowed  as  payment  to 
that  extent  of  the  rent  so  reserved. 

Approved  June  10,  1874. 


1874.— Chapteks  68,  69,  70,  71.  485 

Resolve  in  favor  of  the  widow  of  julius  k.  banister,  deceased,  niinj)  gQ 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  to 
treasiny  of  the  Commonwealth  to  the  widow  of  Julius  K.  Sl'srulten'"' 
Banister,  late  a  member  of  the  senate,  the  sum  of  two  hun- 
dred and  fifty  dollars,  to  defray  the  expenses  of  his  last 
illness  and  funeral,  and  the  same  is  hereby  appropriated. 

Ajip  roved  June  11,  1874. 
Resolve  in  relation  to  the  compensation  of  the  lieutenant-  (JJidj)^  QQ 

GOVERNOR.  ^ 

Resolved,  That  there  be  allotved  and  paid  out  of  the  compensation 
treasury  to  his  honor  Thomas  Talbot,  for  the  time  he  has  aut-govemor! 
executed  and  may  execute  the  duties  of  governor,  such 
sum  as,  together  with  his  compensation  as  lieutenant-gov- 
ernor, shall  make  his  pay,  during  such  period,  equal  to  that 
allowed  by  law  to  the  governor ;  and  the  same  is  hereby 
appropriated. 

\_The foregoing  Resolve  having  been  laid  before  the  Lt.- 
Governor  on  the  oth  of  June,  and  not  being  returned  by  him 
with  his  objections  within  five  days  after  receiving  the  same, 
as  jprescribed  by  the  Constitution,  became  a  law  on  the  10th 
day  of  June  instant.~\ 

Resolve  authorizing  the  appointment  of  a  commission  to  in-  Of-ffiYx  70 

QUIRE    INTO    the    EXPEDIENCY    OF   REVISING    AND    AMENDING    THE  -^* 

LAWS  OF  THE  STATE  RELATING  TO  TAXATION  AND  THE  EXEMPTIONS 
THEREFROM. 

Resolved,  That  the  governor  and  council  be  and  they  Taxation  and 
are  hereby  authorized  to  appoint  a  commission,  consisting  uiliTrom.^ 
of  three  suitable  persons,  to  sit  during  the  recess  of  the 
legislature,  to  inquire  into  the  expediency  of  revising  and 
amending  the  laws  of  the  state  relating  to  taxation  and 
the  exemptions  therefrom,  with  authority  to  call  witnesses, 
and  to  report  in  full,  in  print,  to  the  next  general  court. 

Approved  June  18,  1874. 
Resolve  in  favor  of  the  normal  schools  at  Worcester,  bridge-  (JJinj)  71 

WATER  and  WESTFIELD.  J^' 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Normal  schools 
treasury  the  following  sums  expended  and  to  be  expended  ^mgl^vl^^r' 
under  the  direction  of  the  board  of  education,  to  wit : —     and  westfiew. 

For  furniture  and  grading  at  the  normal  school  at 
Worcester,  a  sum  not  exceeding  ten  thousand  five  hundred 
dollars. 

For  finishing  and  furnishing  the  boarding-hall  at  the 
Bridge  water  normal  school,  a  sum  not  exceeding  seven 
thousand  six  hundred  dollars. 


486 


1874.— Chapters  72,  73. 


Chap. 


For  finishing  and  furnishing  the  boarding-house  at  the 
Westfield  normal  school,  a  sum  not  exceeding  ten  thousand 
six  hundred  dollars.  Approved  June  18, 1874. 

72.  Resolve  authorizing  the  treasurer  to  borrow  money  in  antic- 
ipation OF  THE  REVENUE. 


Treasurer  may 
borrow  money 
in  anticipation 
of  revenue. 


Chap. 


Transfer  of 
property  to  New 
York  &  New 
England  R.  R. 
Co. 


Conditional 
appropriation 
of  $250,000. 


Proviso. 


Proviso. 


Resolved,  That  the  treasurer  and  receiver-general  be, 
and  hereby  is,  authorized  to  borrow,  in  anticipation  of  the 
receipts  of  the  present  year,  such  sums  of  money  as  may 
from  time  to  time  be  necessary  for  the  payment  of  the 
ordinary  demands  on  the  treasury,  at  any  time  before  the 
expiration  of  fifteen  days  after  the  meeting  of  the  next 
general  court,  at  such  rates  of  interest  as  shall  be  found 
necessary ;  and  that  he  repay  any  sum  he  may  borrow 
under  this  resolve,  as  soon  as  money  sufficient  for  the  pur- 
pose, and  not  otherwise  appropriated,  shall  be  received 
into  the  treasury.  Approved  June  18, 1874. 

73.  Resolve  concerning  the  stock  owned  by  the  commonwealth 
in  the  new  york  and  new  england  railroad  company. 

Whereas,  the  mortgage  made  by  the  Boston,  Hartford 
and  Erie  Railroad  Company  to  Robert  H.  Berdell,  and 
others,  bearing  date  March  nineteenth,  eighteen  hundred 
and  sixty-six,  has  been  foreclosed,  and  a  new  corporation 
formed  in  accordance  with  its  provisions  called  the  New 
York  and  New  England  Railroad  Company  ;  and  it  is  nec- 
essary to  the  complete  transfer  of  the  property  covered  by 
said  mortgage  to  said  corporation  that  about  the  sum  of 
seven  hundred  and  fifty  thousand  dollars  should  be  raised 
by  said  corporation  ;  therefore. 

Resolved,  That  the  governor  and  council  are  authorized 
to  unite  with  the  stockholders  in  said  corporation,  and 
others,  in  such  plan  as  the  governor  and  council  may  deem 
advisable,  to  enable  said  corporation  to  raise  said  sum, 
and  for  this  purpose  an  amount  not  exceeding  two  hundred 
and  fifty  thousand  dollars  is  appropriated,  and  the  gov- 
ernor is  authorized  to  draw  his  warrant  for  the  whole,  or 
any  part  thereof,  payable  at  such  time  and  in  such  manner 
as  he  may  see  fit :  provided,  however,  that  before  any 
portion  of  the  money  hereby  appropriated  is  drawn  or 
paid  over,  the  full  amount  of  seventy-two  thousand 
dollars  appropriated  by  chapter  ninety  of  the  resolves 
of  the  year  eighteen  hundred  and  seventy-one,  with 
interest  thereon,  shall  have  been  repaid  into  the  treasury 
of  this  Commonwealth ;  and  provided,  also,  that  before 


1874.— Chaptees  74,  75.  487 

the  money  hereby  appropriated,  or  any  part  thereof, 
is  drawn  or  paid  over,  the  balance  of  said  sum  of  seven 
hundred  and  fifty  thousand  dollars  shall  have  been 
actually  subscribed  in  good  faith  by  responsible  par- 
ties, payable  in  cash,  to  the  satisfaction  of  the  governor 
of  the  Commonwealth.  Approved  June  23, 1874. 

Resolve  in  relation  to  the  Norwich  and  Worcester  railroad  (JJkij)^  74, 
sinking  fund.  "' 

Resolved,  That  when  the  sinking  fund  established  by  Norwich  & 

J 1  .    .  r-      1         i.  Ill  1    j-i   •    i.      i»  r  Worcester  R.  R. 

the  provisions  or  chapter  one  hundred  and  thirty-lour  oi  sinkmgfund. 
the  acts  of  eighteen  hundred  and  fifty-four,  entitled  "  an 
act  to  extend  the  time  of  the  state  loan  to  the  Norwich 
and  Worcester  Railroad  Company,"  has  accrued  to  an 
amount  sufficient  to  pay  the  principal  and  interest  on  the 
bonds  issued  under  authority  of  said  act,  no  further  con- 
tributions to  said  fund  or  payments  of  interest  provided 
for  by  the  third  section  of  said  act  shall  be  required  to 
be  made  ;  and  the  treasurer  and  receiver-general  is  author- 
ized, after  reserving  a  sufficient  security  to  pay  the  prin- 
cipal and  the  interest  that  may  accrue  on  the  outstanding 
bonds,  to  pay  over  to  whomsoever  it  may  belong  the 
balance  that  may  remain  in  said  fund,  and  also  to  return 
the  stock  pledged  for  the  security  of  said  bonds. 

Approved  June  23,  1874. 

Resolve  in  favor  of  elihu  s.  hawkes  of  adams.  Char)  75 

Resolved,  That  the  sum  of  three  thousand  dollars  be  Allowance  of 
paid  from  the  treasury  of  the  Commonwealth  to  Elihu  S.  If'Hawkes."^" 
Hawkes  of  Adams,  for  the  destruction  of  a  spring  of  water 
upon  his  land :  provided,  that  said  Elihu  S.  Hawkes  shall 
accept  and  receive  said  sum  in  full  satisfaction  and  dis- 
charge of  all  claims  against  the  Commonwealth  for  land 
taken  or  damage  caused  to  his  estate  by  the  location  and 
construction  of  the  Troy  and  Greenfield  Railroad,  or  for 
claims  against  the  Commonwealth  for  services  rendered  or 
money  advanced  to,  for,  or  on  account  of  the  said  road  or 
its  construction. 

[^The foregoing  Resolve  having  been  laid  before  the  Lt.- 
Governor  on  the  18th  June,  and  not  returned  by  him  with  his 
objections  within  five  days  after  receiving  the  same,  as  pre- 
scribed by  the  Constitution,  became  a  law  on  the  23d  of 
June  instr^ 


488  1874.— Chapter  376. 

Chcip.7Q.  Resolve  in  kelation  to   painting   and  repairing  the  state 

^   *  *  HOUSE. 

Painting  and  Besolved,  That  a  sum  not  exceecliiiij  thirty-one  thousand 

repairmg  state       ,  ^'  ini  ^^  -\  -\       "^  •  •% 

house.  five  hundred  dollars  shall  be  allowed  and  paid  to  meet  the 

expenses  of  necessary  repairs  upon  the  outside  of  the  state 
house  and  of  painting  the  same,  including  gilding  the  large 
dome,  and  for  new  windows,  and  repairs  of  sideAvalks,  and 
also  for  painting  and  whitening  and  sundry  repairs  in  the 
interior,  to  be  expended  under  the  direction  of  a  joint 
special  committee,  to  consist  of  the  president  and  one 
other  member  of  the  senate,  and  of  the  speaker  and  two 
other  members  of  the  house.  Ajyjjroved  June  25, 1874. 

Cliav  11   Resolve  for  obtaining  information  with  reference  to  the 
■'  '       '      expediency  of  a  change  in  the  laws  regulating  the  dis- 
tribution OE  INTESTATE  ESTATES. 

^robatftomake  Resolved,  That  the  registers  of  the  several  probate 
rettirntothe  courts  iu  this  Commouwcalth  make  a  special  return  to 
Commonwealth,  the  seo'ctaiy  of  the  Commonwealth,  of  the  number  of 
wills  proved,  and  also  of  the  number  of  letters  of  admin- 
istration granted,  in  the  resioective  courts,  in  each  j'-ear  for 
the  five  3'ears  ending  on  the  thirtieth  day  of  September 
next;  and  that  each  of  the  judges  of  said  courts  be,  and 
he  hereby  is,  requested  to  transmit  to  the  secretary  of  the 
Commonwealth,  at  the  same  time,  his  opinion  in  writing, 
whether  any,  and  if  any,  what  changes  are  expedient  iu 
the  existing  provisions  of  law  regulating  the  distribution 
of  the  estates  of  persons  dying  intestate,  pointing  out  such 
changes,  if  any,  as  he  may  deem  expedient,  particularly 
with  reference  to  the  case  of  the  estates  of  such  persons 
leaving  no  issue. 
Secretary  to  JResolved,  That  as  soon  as  may  be  after  the  passage  of 

cations'^tn^"'"'  this  rcsolvc,  the  secretary  of  the  Commonwealth  shall 
document  of  the  transmit  a  copy  thereof  to  each  of  the  judges  and  registers 
public  series.  ^f  ^j^g  probatc  courts  ;  and  shall  again  transmit  copies  to 
the  same  otficers  on  or  about  the  fifteenth  day  of  October ; 
and  that  the  said  secretary  shall  cause  such  communica- 
tions as  he  may  receive  from  the  several  judges  and 
registers  prior  to  the  first  day  of  December,  to  be  printed 
as  a  document  of  the  public  series,  to  be  laid  before  the 
next  general  court ;  and  that  a  sufficient  number  of  copies 
be  printed  to  allow  the  secretary  to  transmit  one  to  each 
member  of  the  present  legislature,  in  addition  to  the  dis- 
tribution of  such  documents  now  prescribed  by  law. 

Approved  June  25,  1874. 


1874.— Chapters  78,  79.  489 

EeSOLVE     concerning     sanitary     improvements     at     the     state    njiQ/r)   7g 

ALMSHOUSE.  KJltlVjJ.k^. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  sanitary  im. 
treasury  a  sum  not  exceedhig  five  thousand  dollars,  for  sta°trXi°houle 
the  improvement  of  the  buildings  and  grounds  of  the  state  ^^  Tewksbury. 
almshouse  in  Tewksbuiy,  to  be  expended  by  the  board  of 
inspectors  of  said  almshouse  for  the  following  purposes  : — 

For  inside  blinds  for  the  hospital  for  the  sick,  four  hun- 
dred dollars. 

For  replacing  the  present  earth-closets  at  the  hospital 
with  water-closets,  three  hundred  and  fifty  dollars. 

For  improving  the  ventilation  of  the  hospital  and  of  the 
as^dum  for  the  insane,  one  thousand  dollars. 

For  fencing  new  yards  for  the  insane  patients  and  con- 
valescents, outside  of  the  present  enclosure,  one  thousand 
dollars. 

For  removing  and  enlarging  the  building  occupied  by 
the  old  men,  twenty-two  hundred  and  fifty  dollars. 

Provided,  That  the  inspectors  of  the  said  almshouse 
shall  consult  with  the  physician  of  the  almshouse  in  regard 
to  the  improvements  to  be  made  in  the  hospital  and  insane 
asylum,  and  with  the  superintendent  in  regard  to  the  re- 
moval and  enlargement  of  the  other  structures. 

Approved  June  27,  1874. 

Resolve  in  relation  to  the  lee  and  neav  haven  railroad  m^nm  7Q 

company.  Kyliap.i\). 

Resolved,  That  the  governor,  by  the  advice  and  consent  commissioners 

/..,  -iiii  -jji  ••  ,  .      to  be  appointed 

01  the  council,  shall  appomt  three  commissioners,  to  sit  by  governor, 

during  the  recess,  with  authority  to  visit  the  line  of  the  the\[ext°generai 

Lee  and  New  Haven  Railroad,  and  to  report  to  the  next  ''°"''' 

general  court  what  subscriptions  have  been  made  and  what 

portion  paid  in  ;  what  amount  of  bonds,  if  any,  have  been 

issued  by  any  town  or  towns  of  this  Commonwealth,  in 

consideration  of  said  company  receiving  aid  from  the  state  ; 

and  what  amount  of  said  bonds  have  been  purchased  by 

this  state.     Also  to  investigate  and  report  generally  upon 

all  facts  in  relation  to  said  railroad.     Said  commission  to 

have  power  to  send  for  persons  and  papers  :  provided,  Pioviso. 

hoicever,    that    this    resolve    shall   not    be    construed    as 

authorizing  the  board  of  railroad  commissioners  to  omit 

any  duties  in  connection  with  said  railroad  which  are  now 

required  by  existing  laws. 

Said  commission  are  to  receive  such  compensation  for 

their  services  as  the  governor  and  council  may  direct. 

Approved  June  27, 1874. 
62 


490         *  1874.— Chapters  80,  81,  82,  83. 

Chap.  80.  Resolve  relating  to  documents  concerning  the  encampments 

OF  THE  MASSACHUSETTS  VOLUNTEER  MILITIA  AT  CONCORD  IN  THE 
MONTHS  OF  SEPTEMBER,  EIGHTEEN  HUNDRED  AND  FIFTY-NINE  AND 
EIGHTEEN   HUNDRED   AND   SEVENTY. 

SpmentVo""         Besolvcd,   That  the  Journalistic   History  of  the  State 
militia  to  be       Eucampment  and  Review  of  the  Massachusetts  Volunteer 

Pl&CGCl  in  Stdt6         Ti  »-  •  1  •     •  y^  T  1 

library.  Militui,  at  Concorcl,  Oil  the  seventh,  eighth  and  ninth  days 

of  September,  eighteen  hundred  and  tifty-nine,  and  of  the 
State  Muster  and  Eeview  of  the  Massachusetts  Volunteer 
Militia,  at  Concord,  on  the  seventh,  eighth  and  ninth  days 
of  September,  eighteen  hundred  and  seventy,  be  placed 
in  the  state  library,  and  that  the  librarian  be  requested  to 
make  suitable  acknowledgment  to  W.  W.  Wheildon,  for 
his  valuable  donation.  Approved  Jtine  27, 1874. 

Chap.  SIl.  Resolve  assigning  rooms  for  the  state  police. 

SatTpouce.''^  Resolved,  That  the  sergeant-at-arms,  with  the  consent 
and  approval  of  the  commissioners  on  the  state  house,  be 
authorized  to  assign  the  rooms  on  the  first  floor  of  the 
house  number  thirty-three  Pembertou  Square,  for  the  use 
of  the  state  police.  Approved  June  30, 1874. 

Chap.  S2.  Resolve  in  favor  of  the  widow  oe  george  derby,  deceased. 
Allowance  to  Resolved,  That  there  be  allowed  and  paid  to  the  widow 

^vidow  of  * 

George  Derby,  of  Gcoi'ge  Derby,  dcceascd,  late  secretary  of  the  state 
board  of  health,  the  amount  of  salary  to  which  he  would 
havs  been  entitled  had  he  lived  for  the  remainder  of  the 
year.  Apjjroved  June  30,  1874. 

Cha]?.  83.  Resolve  in  favor  of  james   kelley,   george  hayes,  daniel 

O'GRADY,  GEORGE  0.  BUCKMAN,  JOSEPH  SIMPSON  AND  THOMAS 
PLUNKETT. 

^rtrSied       Resolved,    That  there  be  allowed  and  paid  out  of  the 
soldiers.  treasury  to  James  Kelley  (who  lost  both  eyes  at  the  battle 

of  Weldon  Railroad,  while  a  member  of  the  thirty-fifth 
regiment  Massachusetts  volunteers),  George  Hayes  (who 
lost  both  eyes  and  one  arm  on  Morris  Island,  South  Caro- 
lina, while  a  meraber  of  the  fifty-fourth  regiment  Massa- 
chusetts volunteers),  Daniel  O'Grady  (who  lost  both  eyes 
at  the  battle  "of  Spottsylvania,  while  a  member  of  the 
twenty-eighth  regiment  Massachusetts  volunteers) ,  George 
C.  Buckman  (who  lost  his  left  hand  and  all  but  two  fingers 
of  his  right  hand  at  Laurel  Hill,  Virginia,  while  a  member 
of  the  third  Massachusetts  battery),  Joseph  Simpson  of 
Upton  (who  was  injured  at  Newbern,  North  Carolina, 
while  a  member  of  the  fifty-first  regiment  Massachusetts 
volunteers,  which  resulted  in  paralysis  of  the  lower  part 


1874.— Chapters  84,  85,  86,  87.  491 

of  his  body  and  lower  limbs,  rendering  him  permanently 
helpless),  and  Thomas  Pluukett  (who  lost  both  arms  at 
the  battle  of  Fredericksbm-g,  while  a  member  of  the 
twenty-first  regiment  Massachusetts  volunteers),  the  sum 
of  five  hundred  dollars  each,  and  that  from  and  after  the 
first  day  of  January,  one  thousand  eight  hundred  and 
seventy-four,  there  be  allowed  and  paid  to  said  Kelley, 
Hayes,  O'Grady,  Buckman,  Simpson  and  Pluukett  an 
annuity  of  one  hundred  dollars  each,  during  their  natural 
lives  respectively,  in  consideration  of  their  mutilation  and 
great  sutferiugs  in  the  late  war.         Aj)proved  June  30, 1874. 

Resolve  in  relation  to  commissions,  commissioners  and  com-  njir/jy  S4 

MITEEES   sitting  DURING   THE  RECESS.  \y  t    J  . 

Resolved,    That    all    commissioners,    commissions    and  committeeB, 

'  .  .  '  ,  &c.,  to  report 

committees  appointed  during  the  present  session  to  make  during  first 
inquiries  and  report  to  the  next  general  court,  are  hereby  ^^^ 
instructed  to  report  during  the  first  week  of  the  session. 

Approved  June  30,  1874. 

Resolve  in  favor  of  charles  e.  barnard.  Chap.S5. 

Resolved,  That  there  be  allowed  and  paid  out  of  the  Allowance  of 
treasury  to  Charles  E.  Barnard,  the  sum  of  five  hundred  fnnuuyof  $ioo 
dollars,  and  that  from  and  after  the  first  day  of  January,  Bamarlr  ■^' 
one  thousand  eight  hundred  and  seventy-four,  there  be 
allowed  and  paid  to  said  Barnard,  an  annuity  of  one  hun-         • 
dred  dollars  during  his  natural  life,  in  consideration  of  his 


mutilation  and  great  sufifering  in  the  late  war. 


Approved  June  30,  1874. 


Chap.m. 


Resolve  instructing  the  railroad  commissioners  to  report 
TO  the  next  general  court  in  relation  to  the  petition  of 
SCudder,  bartlett  and  company. 

Resolved,  That  the  petition  of  Scudder,  Bartlett  and  ^^gg^°^grs°to' 
Company,  and  other  papers  connected  therewith,  be  re-  report  concern- 
ferred  to  the  railroad  commissioners,  with  instructions  to  tioVofmei°chMi 
report  to  the  next  general  court  the  result  of  legal  proceed-  rolds.Tcf'*"" 
iugs  now  pending  between  said  firm  and  the  Boston  and 
Albany  Railroad  Company,  and  what  further  legislation, 
if  any,  is  necessary  to  protect  the  rights  of  persons  trans- 
porting merchandise  over  railroads. 

Approved  June  30,  1874. 

Resolve  relative    to   the    codification    of   the   insurance  njiaj)  87 

LAWS.  "' 

Resolved,  That  the  insurance  commissioner  revise  and  insurance  com- 
amend  the  codification  of  the  insurance  laws  prepared  for  revise  codifica- 


492 


1874.— Chapters  88,  89. 


*'°°  °^'"«"'-  this  arencral  court,  so  as  to  accord  with  the  laws  enacted  at 
this  session,  and  report  in  print,  before  the  fifteenth  day 
of  January  eighteen  hundred  and  seventy-five  to  the  next 
general  court.  Approved  June  30, 1874. 

Chap.  8S.   l^ESOLVE     RELATING     TO     THE     SOUTH     BOSTON     FLATS   AS     TERMINAL 
^   '         '  GROUNDS   FOR   RAILROADS. 

for°eporTto'"°'  Bcsolved,  That  the  petition  of  Edward  Atkinson  and 
next  legislature,  othcrs,  relative  to  the  construction  of  a  railroad  to  connect 
the  several  railroads  leading  from  Boston  to  the  west,  with 
the  flats  in  South  Boston  belonging  to  the  Commonwealth, 
and  to  the  preparation  of  said  flats  as  terminal  grounds  for 
said  railroads  ;  and  the  petition  of  Edward  Atkinson  and 
others,  that  some  action  be  taken  for  the  further  improve- 
ment and  further  sale  of  the  Commonwealth's  flats  at  South 
Boston,  be  referred  to  a  joint  special  committee  of  the  two 
branches  of  the  legislature,  to  consist  of  two  on  the  part  of 
the  Senate,  and  three  on  the  part  of  the  House,  with  in- 
structions to  consider  and  report  to  the  next  general  court, 
what  is  the  interest  of  the  Commonwealth  in  the  matters 
contemplated,  and  also  to  report  estimates,  conclusions  and 
recommendations  in  relation  to  the  whole  subject ;  and 
that  said  committee  be  authorized  to  sit  during  the  vaca- 
tion, and  have  authority  to  send  for  persons  and  papers 
and  to  employ  clerical  assistance.     Appi-oved  June  30,  1874. 


Chap.m. 

Secretary  to 
prepare,  in 
pamphlet  form, 
laws  relating  to 
elections,  and 
transmit  to  city 
and  town  clerks. 


Resolve   concerning    the    printing    of    laws    relating    to 

elections 

Resolved,  That  the  secretary  of  the  Commonwealth  shall 
cause  to  be  prepared  a  pamphlet  containing  the  act  passed 
at  the  present  session  entitled  an  act  relating  to  elections, 
together  with  the  provisions  of  the  General  Statutes  re- 
lating to  elections  which  remain  operative,  with  proper 
notes  and  references,  in  such  form  as  may  be  convenient 
for  preservation  and  use  in  the  several  cities  and  towns  of 
the  Commonwealth  ;  and  that  he  transmit  three  copies 
thereof  to  the  clerk  of  every  town,  and  three  times  as  many 
copies  to  the  clerk  of  every  city  as  there  are  wards  in 
such  city  ;  and  also  one  copy  to  each  city  and  town,  at  the 
same  time  at  which  he  furnishes  blank  forms  for  returns  as 
required  by  section  thirty-four  of  said  act  relating  to  elec- 
tions. Approved  Jime  30,  1874. 


^ 


The  General  Court  of  1874,  during  its  annual  session  passed  four 
hundred  and  six  Acts  and  eighty-six  Resolves,  which  received  the 
approval  of  the  Governor.  In  addition  to  these,  three  Acts,  entitled 
respectively  "  An  Act  to  enable  the  Governor  of  the  Commonwealth 
to  preserve  the  Public  Peace  and  enforce  the  Laws,"  "  An  Act  to  es- 
tablish a  State  Detective  Force,"  and  "  An  Act  regulating  the  sale  of 
Spirituous  or  Intoxicating  Liquors,"  were  laid  before  His  Honor  the 
Lieutenant-Governor,  for  his  approval,  and  were  returned  by  him  to 
the  respective  branches  in  which  they  originated.  The  first  of  said 
Acts  Avas  returned  to  the  Senate,  in  which  body  it  originated,  with  his 
objections  thereto,  and  being  put  upon  its  final  passage  in  the  ma'hner 
provided  by  the  Constitution,  and  two-thirds  of  the  members  present 
and  voting  thereon  having  voted  in  the  affirmative,  the  Act  was  there- 
upon sent  to  the  House,  and  being  put  upon  its  final  passage  in  the 
manner  provided  by  the  Constitution,  two-thirds  of  the  members 
present  and  voting  thereon  "  having  failed  to  agree  to  pass  the  same," 
it  was  declared  lost,  and  thereby  without  force  and  effect.  "  The'  second 
and  third  of  said  Acts  being  put  upon  their  final  passage  in  the  man- 
ner provided  by  the  Constitution,  two-thirds  of  the  members  present 
and  voting  thereon  "  having  failed  to  agree  to  pass  the  same,"  they 
were  declared  lost,  and  thereby  without  force  and  effect.  Three 
Resolves,  entitled  respectively  "  Resolve  in  favor  of  Abel  C.  Martin," 
"  Resolve  in  relation  to  the  compensation  of  the  Lieutenant-Govern- 
or," and  a  "Resolve  in  favor  of  Elihu  S.  Hawkes,  of  Adams,"_were 
laid  before  the  Lieutenant-Governor,  and  having  failed  of  his  ap- 
proval, and  not  having  been  returned  within  five  days  after  receiving 
the  same,  the  legislature  not  having  adjourned  in  the  meantime,  said 
Resolves  acquire  the  force  of  law,  and  have  been  so  certified.  The 
Acts  may  be  clas.sified  as  follows :  General  Statutes  or  Acts  of  a  pub- 
lic character,  two  hundred  and  eighty-three.  Special  Acts  relat- 
ing to  private  property,  persons  and  corporate  bodies,  one  hundred 

AND   TWENTY-THKEE. 

The  General  Court  of  1874  was  prorogued  on  Tuesday,  June  30, 
the  session  having  occupied  one  hundred  and  seventy-six  days. 


494  Governor's  Address. 


INAUGURAL    ADDRESS 


HIS  EXCELLENCY  WILLIAM  B.  WASHBURN. 


At  one  and  a  half  o'clock  on  Thursday,  the  eighth  day 
of  January,  His  Excellency  the  €rovernor,  accompanied  by 
His  Honor  the  Lieutenant-Governor,  the  members  of  the 
Executive  Council,  and  officers  of  the  civil  and  military 
departments  of  the  government,  attended  by  a  joint  com- 
mittee of  the  two  Houses,  met  the  Senate  and  House  of 
Representatives,  in  Convention,  and  delivered  the  following 

ADDRESS. 

Gentlemen  of  the  Senate  and  of 

the  House  of  Representatives  : 

Assembled  to  assume  important  responsibilities  and  to 
enter  upon  the  legislative  duties  of  another  year,  let  us 
resolve  to  devote  our  best  energies  to  a  conscientious  and 
faithful  discharge  of  every  obligation.  Not  discarding  the 
experience  of  the  past,  let  us  seek  new  light  and  wisdom 
for  the  future,  that  what  we  do  may  commend  itself  to  the 
sober  judgment  of  our  constituents, 

FINANCIAL    EXHIBIT. 

Notwithstanding  the  monetary  reverses  and  depressions 
of  the  year,  and  the  consequent  embarrassment  of  com- 
mercial and  industrial  interests,  the  Commonwealth  has 
successfully  maintained  her  financial  credit  and  prosperity. 
The  liquidation  of  maturing  indebtedness  without  recourse 
to  taxation,  temporary  loan  or  draft  upon  the  ordinary 
revenues,  and  the  favorable  negotiation  of  loans  required 


Govekn^ok's  Address.  495 

by  accruing  exigencies,  are  gratifying  evidences  of  public 
thrift  and  unfailing  resource,  and  the  financial  condition 
and  prospects  of  the  Commonwealth  are  full  of  hope  and 
encouragement. 

During  the  year  past  the  Troy  and  Greenfield  Eailroad 
and  Hoosac  Tunnel  Loan  has  been  necessarily  increased 
by  further  issues  of  scrip,  amounting  to  nearly  $1 ,200,000  ; 
but  the  extinguishment  of  other  maturing  liabilities  leaves 
the  net  increase  of  the  funded  debt  less  than  $800,000. 
The  following  statement  exhibits  the  amount  and  character 
of  our  state  debt  at  present : — 

Funded  debt,  January  1,  1873,     .         .     $27,692,704  00 

Retired  during  the  year  : — 

Union  Fund  loan,  .         .  $293,500  00 

Almshouse  loan,     .          .  60,000  00 
State  House  Enlargement 

loan,           .         .         .  65,000  00 


418,500  00 


Balance  outstanding,  .         .     $27,274,204  00 

Additions  during  the  year  : — 

Tunnel  loan — 

Sterling  scrip,  .     $798,600  00 

Dollar  bonds,  .       400,000  00 

New  State  Prison  loan,  5,000  00 


1,203,600  00 


Present  funded  debt,  .         .     $28,477,804  00 

Classification  of  outstanding  liabilities  : — 

Railroad  loans,  .  .  $14,501,616  00 

War  loans,         .  .  13,226,188  00 

Ordinary  loans,  .  750,000  00 

Total,     .  .  $28,477,804  00 

Instalments  of  the  funded  debt  amounting  to  $544,000 
will  mature  during  the  present  year,  viz.  :  Of  the  Union 
Fund  loan,  $300,000 ;  State  House  Enlargement  loan, 
$100,000;  Almshouse  loan,  $50,000;  and  the  Taunton 
Lunatic  Hospital  loan,  $94,000.   All  these  are  payable  from 


496  GovEKNOii's  Address. 

their  several  sinking  funds,  the  last  three  being  the  only 
outstanding  instalments  of  the  loans  they  represent. 

With  the  exception  of  floating  liabilities,  consisting 
mainly  of  sums  due  and  uncalled  for,  the  whole  of  compar- 
atively small  aggregate  and  fully  provided  for,  the  State 
has  now  no  debt  whose  liquidation  is  not  contemplated  by 
established  sinking  funds  and  their  large  and  increasing 
accumulations. 

Estimates  for  1874. 

The  ordinary  revenues   of  the   present 

year  may  be  fairly  estimated  at  .       $2,536,000  00 

Cash  in  the  treasury  applicable  on  the 

same  account,  about  .         .         .       $1,387,000  00 

The  ordinary  expenses  of  the  year  will 

be  nearly  or  quite     ....       $5,245,00000 

To  meet  the  apparent  deficit  in  resources  for  the  payment 
of  estimated  expenses,  a  state  tax  of  from  one  and  a  half 
to  two  millions  of  dollars  will  probably  be  required. 

SOUTH   BOSTON   FLATS. 

The  negotiations  for  some  time  in  prosecution  to  estab- 
lish a  proper  basis  of  cooperation  between  the  Common- 
wealth, the  Boston  and  Albany  Railroad  Company,  the 
Boston  Wharf  Company,  and  the  City  of  Boston  for  the 
improvement  of  the  South  Boston  Flats,  have  been  brought 
to  a  successful  issue  during  the  past  year  by  the  Harbor 
Commissioners.  By  the  terms  of  a  four-part  indenture, 
executed  in  pursuance  of  Chapter  326,  Acts  of  1868,  the 
Commonwealth  and  the  two  companies  named  have  agreed 
to  fill  their  respective  parcels  of  flats,  at  the  junction  of 
the  Main  Channel  and  Fort  Point  Channel  in  Boston  Har- 
bor, to  a  specified  grade  on  or  before  October,  1876,  and 
to  lay  out  within  the  limits  of  this  hundred  acres  of  terri- 
tory, a  system  of  streets  defined  in  the  indenture,  while 
the  City  of  Boston  has  agreed  to  connect  the  territory, 
when  improved,  with  the  city  proper  by  bridges  over  Fort 
Point  Channel,  at  an  estimated  cost  not  exceeding  $700,000. 
This  territory  is  greatly  needed  for  railroad  and  other  busi- 
ness purposes,  and  in  the  process  of  filling  some  two  hun- 
dred acres  of  deep-water  anchorage  ground  will  be  added 
to  Boston  Harbor.  Under  Chapter  320,  Acts  of  1872,  a 
contract  has  been  made  for  the  filling  and  enclosure  with 


Goyernoe's  Address.  497 

sea-walls  of  the  flats  which  the  Commonwealth  is  bound  to 
improve,  and  the  work  is  now  in  progress. 

Thus,  after  years  of  endeavor,  has  been  inaugurated  an 
enterprise  which  must  have  important  relations  with  the 
future  growth  and  prosperity  of  our  chief  city — the  com- 
mercial metropolis  of  New  England.  It  embraces  in  its 
ultimate  scope  a  valuable  domain  of  the  Commonwealth 
bordering  on  the  main  channel  of  Boston  Plarbor,  between 
seven  and  eight  hundred  acres  in  extent,  along  the  line  of 
whose  frontao'e  the  freis^hts  of  a  vast  inland  and  maritime 
commerce  may  easily  be  exchanged.  It  will  greatly  im- 
prove and  enlarge  the  harbor  by  increasing  the  area  of  its 
deep  water,  and  will  in  time  undoubtedly  prove  a  source 
of  much  revenue  to  the  Commonwealth. 

MILITIA    MATTEES. 

In  accordance  with  the  Act  of  1872,  the  Governor  and 
Council  selected  a  site  at  South  Framingham  for  the  Militia 
Camp  Ground.  It  is  a  tract  of  about  one  hundred  acres, 
situated  three-fourths  of  a  mile  from  the  Boston  and  Albany 
Railway  station,  and  quite  easy  of  access  to  all  parts  of  the 
State.  Three  brigade  encampments  were  held  upon  the 
grounds  during  the  past  autumn,  and  the  general  comment 
of  officers  and  men  indicated  entire  satisfaction  with  the 
selection.  The  Governor  and  Council  have  caused  an 
arsenal  to  be  built  on  the  grounds,  which  is  of  sufficient 
capacity  to  meet  any  possible  demand  in  a  time  of  peace. 
The  building,  erected  at  a  cost  of  about  $17,200,  is  of 
brick,  100  feet  long  by  40  feet  wide,  two  stories  in 
height,  with  mansard  roof  and  full-sized  basement,  and 
of  such  solidity  and  architectural  beauty  as  was  deemed 
requisite. 

The  fencing  of  the  grounds,  the  draining  and  grading  of 
a  small  portion,  and  the  erection  of  a  dwelling-house  for 
the  superintendent,  will  necessitate  some  expenditure  here- 
after, though  the  aggregate  cannot  be  very  large.  It  may 
ultimately  be  deemed  best  to  increase  the  size  of  the 
grounds  by  the  addition  of  a  few  adjoining  acres.  And  if 
one  of  the  three  ponds  in  the  immediate  neighborhood 
could  be  secured  at  a  reasonable  price,  and  embraced 
within  the  state's  inclosure,  the  health  and  comfort  of  offi- 
cers and  men  while  in  camp  would  thereby  be  greatly  pro- 
moted. AVhen  the  camp  ground  is  completed,  it  Avill  l)e 
the  pride  of  the  militia,  and  will  save  the  Commonwealth 

63 


498  Governor's  Address. 

several  thousand  dollars  yearly  in  the  expense  of  trans- 
portation and  the  wear  and  tear  of  camp  equipage. 

The  re-organization  of  the  active  militia,  as  provided 
for  by  the  Act  of  last  session,  has  taken  place.  Two 
months  was  the  limit  of  time  allowed  for  the  work,  but 
energetic  action  accomplished  it  within  that  time.  Under 
the  old  law  men  were  mustered  during  their  pleasure  only  ; 
under  the  new  law  they  are  enlisted  and  mustered  for 
three  years.  There  was  considerable  anxiety  in  some 
quarters  as  to  the  effect  that  the  three  years  requirement 
might  have  ;  I  take  great  pleasure  in  saying  that  the  mem- 
bers of  the  militia  generally  acquiesced  in  it  with  good 
grace.  The  force  contemplated  by  the  Act  was  raised 
without  serious  difficulty  in  any  quarter. 

The  active  militia  of  the  State  now  numbers  5,528  offi- 
cers and  men.  The  number  present  at  the  last  fall  encamp- 
ment was  4,560,  being  480  less  than  were  at  the  corre- 
sponding encampment  of  1872.  This  difference  is  partially 
accounted  for  by  the  fact  that  one  regiment  did  not  appear 
in  1873  because  the  men  were  without  suitable  uniforms. 
I  trust  provision  to  supply  this  deficiency  will  be  made 
during  the  present  legislative  session.  The  ordinary  mili- 
tary expenses  of  the  year  were  $170,670,  being  nearly 
$20,000  greater  than  those  of  1872.  This  excess  of  ex- 
penditure is  due  to  the  fact  that  the  State  now  pa3's  trans- 
portation and  armory  rent  at  rates  greater  than  those 
required  by  the  old  law. 

That  the  new  law  works  well  in  the  main  is  the  testi- 
mony of  all  who  are  in  a  position  to  judge.  We  get  a 
better  class  of  men  into  the  force,  to  begin  with,  and  by 
reason  of  increased  length  of  service  shall  be  able  to  make 
better  soldiers  of  them.  We  do  not  need  a  large  body  of 
active  militia,  but  what  we  do  have  should  be  as  efficient 
as  possible.  A  moderate  appropriation  from  year  to  year 
to  render  the  camp  ground  attractive  and  keep  it  in  proper 
condition,  and  to  furnish  the  members  of  the  force  with 
good  arms  and  equipments  and  tasteful  uniforms,  will  aid 
in  brii]ging  about  this  result.  In  considering  whether  any 
minor  changes  of  the  law  are  advisable,  1  ask  you  to  avoid 
doing  anything  that  will  lower  the  standard.  It  ought  to 
be  high  enough  to  command  for  our  militia  the  confidence 
and  respect  of  the  best  class  of  citizens. 

The  old  arsenal  buildings  and  grounds  are  now  ready 
for  sale,  and  will  be  disposed  of  whenever  a  favorable 


Governoe's  Addeess.  499 

opportunity  is  presented.  There  is  reason  for  thinking 
the  property  will  sell  for  a  snm  quite  sufficient  to  pay  for 
the  new  camp  ground  and  all  the  improvements  thereon, 
though  irrespective  of.  this  consideration  the  South  Fram- 
inghani  investment  is  a  good  one  from  whatever  point  of 
view. 

VIENNA    EXPOSITION. 

By  a  Resolve  of  March  last,  a  representation  of  the  Com- 
monwealth at  the  Vienna  Exposition  was  ordered,  and  in 
pursuance  thereof  the  Hon.  Charles  Francis  Adams,  Jr., 
was  appointed  commissioner  on  behalf  of  our  industrial 
interests,  with  Messrs.  Hamilton  A.  Hill,  Horatio  G. 
Knight  and  Frank  D.  Millett,  as  associates,  the  last-named 
acting  as  secretary  of  the  commission,  while  the  Hon.  John 
D.  Philbrick,  school  superintendent  of  Boston,  was  desig- 
nated as  commissioner  to  look  after  our  educational 
interests.  The  scandal  and  bickering  in  regard  to  the 
representation  of  the  general  government  placed  the 
country  in  a  very  unenvialile  position  before  the  nations 
of  Europe,  and  the  contributions  to  the  American  de- 
partment of  the  Exposition  were  not  such  as  to  give 
any  adequate  idea  of  our  varied  industries.  But  it  is 
believed  that  our  own  commission  reflected  credit  upon 
the  State,  that  it  was  of  material  advantage  to  exhil^itors 
from  this  Commonwealth,  and  that  it  labored  faithfully 
and  intelligently  to  secure  the  best  attainable  results. 
Still,  as  has  been  the  case  with  respect  to  other  appro- 
priations of  a  like  nature,  I  doubt  if  we  derive  the  great 
benefit  from  this  expenditure  that  was  predicted  by 
many.  The  appropriation  for  the  educational  branch  of 
the  commission  was  $3,000,  of  which  $2,125  has  been  used. 
That  for  the  industrial  branch  was  $12,000,  of  which  about 
three-fourths  will  prol)ably  be  spent,  though  the  commis- 
sioner cannot  yet  speak  with  entire  certainty.  Both 
branches  of  the  commission  will  submit  reports  to  your 
honorable  bodies  at  an  early  date,  which  I  am  sure  will  be 
found  to  em1)ody  facts  and  suggestions  worthy  the  con- 
sideration of  the  people. 

THE    NORMAL    AND    TECHNICAL    SCHOOLS. 

The  new  normal-school  building  at  Worcester  is  nearly 
completed  and  will  be  ready  for  occupancy  in  a  few  weeks. 
An  additional  boardinfy-house  at  Brido'ewater,  and  a  lariz^e 


500  Governor's  Address. 

dormitory  at  AYestfield,  have  been  built  during  the  past 
year  to  meet  the  necessities  of  the  institutions  at  those 
points.  All  our  normal  schools  are  well  tilled  and  doing 
valual)le  service  for  the  State.  And  I  may  add  that  the 
Agricultural  College  and  our  Technical  Institutes  are 
crowded  with  scholars,  and  that  each  seems  to  be  fulfilling 
its  special  mission  in  a  most  satisfactory  manner.  One  of 
the  institutions  in  which  the  Commonwealth  has  taken  a 
deep  interest,  and  to  which  it  has  made  considerable  grants 
of  money,  sutlers  an  irreparable  loss  in  the  death  of 
Agassiz.  Nor  does  the  loss  fall  upon  the  jNluseum  of  Com- 
parative Zoology  alone — it  is  mournfull}^  shared  by  the 
State,  the  nation  at  large,  and  the  whole  scientific  world. 

PRISON    MATTERS. 

Under  the  Act  of  the  last  legislature  to  provide  for  the 
building  of  a  new  state  prison,  there  was  appointed  a  com- 
mission consisting  of  Messrs.  Thomas  L.  Wakefield,  Jonas 
Fitch,  and  Sylvanus  A.  Denio,  and  early  in  the  summer 
these  gentlemen  entered  upon  an  investigation  to  secure  a 
site  for  the  establishment.  The}^  first  recommended  a  lot 
in  Watertown,  about  five  miles  from  the  state  house,  which 
the  Executive  Council  disapproved.  Further  investigation 
was  thereupon  made  with  a  result  that  met  the  approval  of 
the  Governor  and  Council.  During  the  time  spent  on  the 
subject  the  commission  examined  fifty-eight  different  sites, 
and  while  the  one  selected  ma}'  not  possess  every  desirable 
requisite,  yet  no  other  was  found  at  all  equalling  it  in 
facilities  for  such  a  prison  as  this  Commonwealth  ought  to 
have. 

It  is  situated  in  the  western  part  of  Concord,  near  the 
junction  of  the  Boston  and  Fitchburg,  Lowell  and  Mans- 
field, and  Nashua  and  Acton  Railroads.  It  is  a  property 
of  something  more  than  one  hundred  acres,  and  the  State 
secures  it  at  about  one  hundred  dollars  per  acre.  A  rail- 
way side-track  will  be  laid  to  any  part  of  the  premises 
without  expense  to  the  State,  upon  which  freight  can  be 
run  from  either  of  the  railroads  before  mentioned.  It 
was  originally  thought  desirable  to  locate  the  prison  within 
ten  or  twelve  miles  of  Boston,  while  the  Concord  site  is 
about  eighteen  miles  distant.  This  fact  alone  prevented 
its  selection  at  once  upon  the  first  examination.  But  after 
many  months  of  careful  study  and  unwearied  search,  and 
on  full  consultation  with  the  officers  of  the  prison  and 


Governor's  Address.  501 

other  persons  conversant  with  the  wants  of  such  an  insti- 
tution, it  was  found  to  possess  in  so  marked  a  degree  all 
the  other  indispensable  requisites,  and  seemed  so  greatly 
preferable  to  any  other  available  tract,  that  the  commis- 
sion and  the  Council  finally  and  unanimously  determined 
to  secure  it,  and  the  initiatory  steps  to  obtain  a  satisfactory 
plan  for  the  buildings  have  already  l)een  taken. 

Though  it  does  at  first  seem  somewhat  remote  from  this 
point,  yet  if  our  chief  city  continues  to  extend  its  bor- 
ders, as  now  appears  probable,  the  location  will  at  no  dis- 
tant day  be  in  its  immediate  neighborhood.  The  site  will 
require  no  expenditure  for  grading,  and  the  least  possible 
•  for  drainage,  or  to  secure  an  abundant  supply  of  pure 
water,  while  for  healthfulness  and  convenience  of  access 
it  can  hardly  be  surpassed.  Building  material  can  be  de- 
livered there  as  cheaply  as  in  any  part  of  the  State,  and  it 
is  believed  that  when  the  prison  is  completed  it  Avill  be 
satisfactory  to  the  people,  both  as  regards  its  location  and 
its  cost. 

Our  state  prison  has  been  for  many  years  a  source  of 
considerable  revenue  to  the  public  treasury.  With  more 
spacious  and  convenient  workshops,  and  better  facilities 
for  motive-power,  there  is  reason  for  believing  it  will  be 
none  the  less  profitable ;  and  with  such  increased  facilities 
for  the  classification  of  prisoners  as  will  be  secured  in  the 
new  buildings,  there  is  no  doubt  that  the  reformatory 
power  of  the  institution  may  be  enlarged  in  an  eminent 
degree.  Our  present  deficiency  in  this  respect  has  been 
remarked  by  all  competent  persons  who  have  examined 
the  penal  institutions  of  the  State.  We  have,  during  the 
past  two  years,  received  repeated  and  flattering  encomi- 
ums upon  the  discipline  of  our  prison,  the  quality  of  food 
furnished,  and  the  attention  bestowed  on  the  inmates  ;  but 
so  far  as  the  structure  of  the  building  is  concerned, 
whether  as  regards  its  healthfulness,  or  the  facility  it 
laftbrds  for  the  classification  of  prisoners,  we  are  pro- 
noimced  far  behind  many  other  States  of  the  Union. 

Under  the  system  we  are  now  ol)liged  to  pursue,  we 
seem  to  overlook  that  the  end  to  be  attained  by  penal 
servitude  should  be  not  simply  punishment,  but  reform 
through  punishment.  We  need  to  impress  upon  the  crim- 
inal that  while  society  restrains  and  punishes  him,  it 
stands  ready  to  welcome  him  to  liberty  when  he  proves 
himself  worthy  of  trust.     We  need  continually  to  make 


502  Goyeexor's  Address. 

him  feel  that  although  he  has  fallen  there  is  an  opportunity 
for  him  to  rise  again,  and  that  his  whole  future  depends 
upon  himself.  While  it  is  the  duty  of  the  State  to  pun- 
ish, it  is  also  its  higher  duty  to  make  every  reasonable 
provision  for  reformation. 

Both  as  respects  provision  for  classification  and  provi- 
sion for  reformation,  our  jails  and  houses  of  correction  are 
in  a  far  worse  condition  than  our  prison.  AVithin  them 
drunkards,  vagrants  and  persons  waiting  trial,  are  often 
placed  in  the  same  department  with  thieves,  burglars  and 
murderers,  and  in  many  of  them  there  is  no  provision 
whatever  for  either  instruction  or  labor.  Whoever  gives 
to  these  facts  their  due  weight  will  not  greatly  wonder 
that  the  number  of  our  habitual  criminals  is  increasing. 
Should  not  the  sixty  per  cent,  increase  of  crime  while 
there  is  but  twenty-five  per  cent,  increase  of  population, 
lead  us  to  question  whether  a  change  in  our  methods  of 
dealing  with  criminals  is  not  imperatively  demanded? 
Furthermore,  though  our  state  prison  is  more  than  self- 
sustaining,  it  is  a  startling  and  lamentable  circumstance 
that  our  jails  and  houses  of  correction  bring  an  annual 
burden  upon  the  people  of  some  $175,000.  This  ought 
not  to  be.  And  when  the  tax-payer  comes  to  fully  under- 
stand the  matter,  he  will  demand  the  reason  why  the  1,500 
men  and  w^omen  in  these  institutions,  most  of  whom  are 
able-bodied  when  properly  fed  and  clothed  and  housed, 
cannot  be  so  managed  that  they  will  support  themselves. 
If  it  be  true  that  labor  accumulates  capital,  it  certainly 
ought  to  be  self-sustaining,  while,  as  a  matter  of  fact,  in 
some  of  our  counties  prisoners  cost  the  people  over  six 
dollars  per  week. 

Provision  should  be  made,  and  that  without  the  delay 
of  another  six  months,  to  utilize  these  county  institutions 
to  the  best  advantage,  so  that  this  wholly  discreditable 
state  of  things  will  no  longer  exist,  and  so  that  some  of 
them  shall  not  be  nearly  empty  while  others  are  full  to 
overflowing.  They  ought  to  be  managed  on  a  much 
broader  and  more  systematic  plan  than  we  have  yet  tried. 
Then  the  needed  classification  of  prisoners  could  be 
secured,  the  women  could  be  separated  from  the  men, 
drunkards  and  vagrants  from  thieves  and  murderers,  per- 
sons waiting  trial  from  those  convicted  of  crime,  while 
sentences  could  be  adapted  in  a  higher  measure  than  is 
now  possible  to  the  condition  of  individuals,  special  means 


Gover:n^oe's  Address.  503 

might  be  put  in  operation  for  the  reform  of  those  just 
entering  upon  vicious  courses,  and  crime  might  be  made 
to  bear  the  burden  of  its  own  support.  I  commend  the 
subject  most  earnestly,  not  only  to  the  members  of  the 
General  Court,  but  to  the  thoughtful  attention  of  every 
citizen. 

HOSPITAL    FOR    THE    INSANE. 

In  accordance  with  the  Act  of  1873  establishing  an 
insane  asylum  in  Essex  or  Middlesex  county,  Messrs. 
Samuel  C.  Cobb,  C.  C.  Esty,  and  Edwin  Walden  were 
appointed  commissioners  to  select  a  site  and  erect  the 
necessary  buildings.  After  a  careful  and  conscientious 
examination  of  about  forty  different  tracts,  the  estate  in 
Danvers  known  as  the  Dodge  Farm  was  selected,  and  this 
decision  received  the  approval  of  the  Governor  and  Coun- 
cil. This  property  is  situated  about  two  miles  from  the 
village  of  Danvers,  five  miles  from  Salem  and  seventeen 
from  Boston.  The  selection  embraces  about  two  hundred 
acres,  on  an  elevated  plateau,  and  a  considerable  part  of 
it  is  in  a  high  state  of  cultivation.  The  price  paid  for  the 
land  and  buildings  thereon  is  $39,200.  The  Essex  Rail- 
way bounds  the  northern  portion  of  the  estate,  and  a  side- 
track can  readily  be  run  to  a  point  near  that  chosen  for 
the  location  of  the  buildings,  while  coal  and  supplies  of 
all  kinds  may  be  placed  on  the  cars  from  vessels  at  Salem 
or  Danversport  and  carried  direct  to  the  asylum  grounds. 
The  Danvers  and  Georgetown  Railroad  has  a  station  about 
a  mile  and  a  half  away,  and  there  are  stations  on  both  the 
Eastern  and  the  Boston  and  Maine  roads  less  than  three 
miles  distant.  The  site  is  thought  by  most  of  those 
whose  judgment  is  entitled  to  the  greatest  weight  to  be  on 
the  whole  admirably  adapted  to  the  purposes  for  which  it 
has  been  chosen,  and  there  is  no  question  that  in  many 
material  respects  it  leaves  nothing  to  be  desired.  The 
commissioners  are  now  preparing  their  plans  for  building, 
and  expect  to  begin  operations  on  the  ground  early  in  the 
spring. 

THE    LIQUOR    LAW. 

Like  your  predecessors  for  the  last  fifty  years,  3'ou  will 
be  called  upon  to  deal  with  the  liquor  law.  Changes 
should  not  be  made  in  this  or  an}^  other  law  unless  you 
are  thoroughlj^  convinced  they  will  be  for  the  better.  The 
legislator  is  expected  to  rise  above  the  clamor  of  the  hour 


504  Governor's  Address. 

and  calmly  consider  the  issue  presented,  with  a  purpose 
to  reach  conclusions  that  will  bear  the  closest  scrutiny  of 
an  enlightened  people.  In  this  spirit  I  ask  you  to  act  with 
regard  to  the  liquor  law. 

The  necessity  for  some  enactment  to  regulate  the  sale 
of  intoxicating  liquors  is  generally  conceded  in  this  coun- 
try. Free  and  unrestricted  traffic  has  not  only  proved  so 
injurious  to  every  class  of  citizens,  but  so  detrimental  to 
the  successful  prosecution  of  every  industrj^,  that  nearly 
all  the  States  of  the  Union  have  been  forced,  sooner  or 
later,  to  legal  restriction  as  a  means  of  self-defence.  The 
people  of  this  Commonwealth  have  again  and  again  com- 
mitted themselves  to  the  principle  of  prohibition,  and  I 
am  not  able  to  see  any  reason  for  thinking  they  wish  to 
abandon  it  at  the  present  time,  though  I  presume  it  will 
be  urged  here,  as  it  has  heretofore  been,  that  the  end  had 
in  view  by  the  great  majority  of  our  citizens  can  more 
surely  be  reached  by  repealing  the  prohibitory  law  and 
enacting  what  is  termed  a  stringent  license  law.  This  in- 
deed  is  the  real  issue  of  the  hour  so  far  as  our  State  is 
concerned,  for  I  am  happy  to  believe  that  as  between  free 
rum  and  prohibition  the  people  of  Massachusetts  are  sub- 
stantially of  one  mind. 

Among  the  advocates  of  a  license  law  as  against  our 
present  law  are  those  who  primarily  and  avowedly  object 
to  any  restriction  at  all  upon  the  traffic  in  intoxicating 
liquors.  Of  course  they  prefer  license  to  prohibition. 
Not  being  alile  to  reach  the  desired  end  of  open  and  un- 
restricted traffic,  they  would  advance  as  far  as  possible 
toward  it.  I  am  quite  confident  you  will  not  let  the  argu- 
ments of  this  class  of  persons  weigh  with  you. 

Others  have  persuaded  themselves  that  a  license  law 
would  be  better  as  a  temperance  measure  than  a  prohibi- 
tory law.  They  would  regulate  and  not  suppress  the  sale 
of  intoxicants  as  a  beverage.  Their  idea  is  to  restrict  the 
trade  to  those  whom  they  consider  respousil)le  parties  who 
would  not  abuse  the  trusts  confided  to  them.  They  com- 
plain that  the  present  law  operates  unjustly  in  that  it 
seizes  the  corner  groggery  and  passes  by  the  respectable 
hotel.  When  making  this  complaint  they  seem  to  forget 
that  the  chief  argument  for  a  license  law  from  their  point 
of  view  is,  that  it  would  close  up  these  low  and  infamous 
dens  and  confine  the  sale  to  places  of  relatively  good 
repute. 


Gover:n^or's  Addeess.  505 

Some  honest  reformers  may  urge  the  fiict  that  the  pres- 
ent law  is  not  thoroughly  enforced  in  our  large  cities,  as  a 
reason  for  its  repeal  and  the  substitution  of  a  license  law 
in  its  stead.  But  shall  w^e  repeal  the  laws  against  gam- 
bling, prostitution,  pocket-picking,  and  burglary,  simply 
because  they  cannot  be  thoroughly  enforced  in  densely 
populated  localities  ?  This  would  be  equivalent  to  saying 
that  we  will  not  have  any  laws  that  are  unpalatable  to  the  • 
worst  classes  in  our  cities.  It  would  be  sacrificing  the 
State  to  the  city ;  it  would  be  levelling  downward  rather 
than  uiDward.  Furthermore,  the  idea  that  a  license  law 
would  be  efficiently  administered  through  local  agencies  is 
a  delusion  and  a  snare.  The  experiment  has  been  tried 
again  and  again.  But  did  the  authorities  of  these  same 
large  cities  ever  show  any  greater  anxiety  to  enforce  a 
license  law  than  they  now  do  to  enforce  the  existing  pro- 
hibitory statute?  The  friends  of  this  statute  may  safely 
challenge  its  opponents  to  the  record. 

It  may  be  further  urged  that  the  present  law  should  be 
swept  a-way  because  it  is  inoperative.  If  this  be  a  fact  it 
is  difficult  to  understand  why  all  those  who  desire  to 
engage  in  the  traffic  of  intoxicants  should  be  opposed  to 
the  law.  They  are  not  usually  slow  to  see  in  which  direc- 
tion their  interests  lie.  The  existing  statute  has  been  in 
force  but  about  eight  months,  and  it  is  yet  too  early  to  say 
how  efficacious  it  can  be  made.  Outside  the  large  cities, 
in  three-fourths  of  the  State,  it  has  accomplished  all  we 
had  reason  under  the  circumstances  to  believe  it  could 
accomplish  up  to  this  date. 

That  it  is  but  a  partial  success  in  some  of  our  larger 
cities  is  a  fact  to  be  greatly  deplored.  Vehement  and 
vituperative  censure  and  condemnation,  not  only  by  lay- 
men, but  also  by  ministers  of  the  gospel  of  peace,  have 
been  heaped  upon  the  chief  constable,  the  police  commis- 
sioners, and  the  Executive,  because  the  law  is  not  thor- 
oughly enforced  in  this  city.  A  stranger,  ignorant  of  the 
theory  and  working  of  our  institutions,  deriving  his  knowl- 
edge solely  from  some  of  the  discussions  reported  in  the 
public  prints,  would  suppose  that  the  Executive  of  this 
Commonwealth  had  unlimited  power  with  respect  to  the 
liquor  law.  Surely,  nothing  short  of  Omnipotence  could 
accomplish  what  has  not  infrequently  been  demanded  at 
his  hands.  I  offer  no  excuse,  here  or  elsewhere,  in  regard 
to  this  matter.     The  trust  committed  to  me  has  been  dis- 

64 


506  Goveenoe's  Addkess. 

charged  to  the  best  of  my  ability.  All  the  means  at  my 
disposal  have  been  faithfully  and  conscientiously  used  to 
secure  the  honest  and  impartial  enforcement  of  every  law 
upon  the  statute  books. 

Boston  has  a  police  force  of  some  six  hundred  men, 
constantly  patrolling  its  streets  for  the  protection  of  life 
and  property.  They  are  required  to  be  vigilant  in  the 
enforcement  of  the  ordinary  criminal  laws,  and  to  see  that 
the  penalty  for  violation  follows  swiftly  upon  the  commis- 
sion of  crime.  Public  sentiment  not  only  sustains  and 
encourages  them  in  the  faithful  discharge  of  duty  with 
respect  to  these  statutes,  but  is  quick  to  detect  and  con- 
demn the  first  step  toward  a  compromise  with  offenders. 
And  yet  the  laws  they  undertake  to  enforce  are  violated 
daily ;  we  are  even  told  that  vice  and  crime  are  on  the 
increase  in  the  city.  That  the  liquor  shops  are  the  great 
centres  and  hot-beds  of  crime  is  all  but  universally  con- 
ceded. But  the  city  police  makes  no  effort  to  enforce  the 
liquor  law,  and  it  rarely  gives  evidence  that  it  knows  of 
laws  against  gambling  and  prostitution.  For  the  enforce- 
ment of  these  and  other  laws  which  may  be  violated  in 
this  metropolis,  the  Commonwealth  furnishes  sixteen  of  the 
small  number  of  men  at  its  command.  They  are  expected 
to  make  efficient  the  statutes  which  for  the  most  part  are 
wholly  ignored  by  the  city  police,  and  if  they  are  not 
successful  in  their  efforts  the  Executive  is  held  by  a  cer- 
tain class  of  persons  to  be  guilty  of  perjury. 

Furthermore,  the  state  force  is  often  of  necessity  with- 
drawn wholly  or  in  part  from  the  city  to  meet  special 
demands  in  neighboring  communities.  Every  agricultural 
fair,  every  military  encampment,  every  large  gathering  of 
the  people  for  recreation  or  amusement,  calls  for  the  at- 
tendance of  a  greater  or  less  number  of  constables. 
Hence  it  frequently  happens  that  scarcely  an  officer  of  this 
force  is  left  for  duty  in  the  city.  No  reasonable  man  can 
■  fail  to  see  how  utterly  inadequate  the  constabulary  is  to  do 
the  work  that  is  required  of  it  in  Boston.  Wherever  city 
authorities  favor  the  enforcement  of  the  liquor  law,  there 
is  no  more  difficulty  in  a  city  than  in  the  country. 

That  public  sentiment  does  not  comj^el  the  authorities 
of  this  and  other  cities  to  aid  in  enforcing  the  liquor  law, 
is  in  some  quarters  urged  as  a  reason  for  its  repeal.  No 
one  denies  that  in  a  ofovernment  like  ours  all  laws  must 
depend  upon  the  will  of  the  people  for  their  vitality.     We 


Goveexoe's  Addeess.  507 

cannot  expect  long  to  sustain  any  law  that  fails  to  com- 
mend itself  to  the  majority  of  our  citizens.  But,  as  has 
already  been  remarked,  the  voters  of  this  Commonwealth 
have  again  and  again  declared  for  prohibition,  and  I  do 
not  question  that  they  would  so  declare  to-day  if  brought 
to  the  test.  What  remains  for  us  then,  as  wise  men,  but 
to  stand  by  the  law  and  resist  the  opposing  elements  with 
unflinching  courage  and  nnabated  ardor?  Harmony  will 
not  come  by  yielding  to  these  opposing  elements.  Let  no 
man  flatter  himself  that  we  can  buy  peace  at  this  price. 
So  long  as  nine-tenths  of  the  crimes  committed  in  our 
State  are  traceable  to  the  use  of  intoxicating  liquors,  so 
long  as  three-fourths  of  the  inmates  of  our  penal  and 
reformatory  institutions  are  chargeable  to  the  account 
against  ardent  spirits,  so  long  must  we  struggle  for  the 
overthrow  of  the  tralHc  therein. 

My  convictions  in  regard  to  prohibition  are  unchanged. 
I  fovor  the  existing  law,  not  because  it  is  faultless  in  all 
its  details,  or  has  accomplished  all  that  was  desired  by  its 
framers,  but  because  it  is  the  best  instrument  yet  devised  to 
bring  about  the  end  I  seek,  in  common  with  a  majority  of 
our  fellow-citizens.  That  we  ought  to  use  all  availal)le 
means  to  break  down  the  traffic  which  causes  so  much 
misery  and  suffering,  I  have  not  a  shadow  of  doubt.  The 
struggle  in  which  we  are  engaged  is  that  of  the  highest 
and  best  element  of  society  to  protect  itself  against  the 
calamities  which  the  lowest  and  worst  element  continually 
seeks  to  bring  upon  us.  It  is  a  struggle  of  the  stronger 
to  protect  the  weaker  from  temptation  and  ruin.  The 
effort  in  this  behalf  may  not  succeed  to-day  or  to-morrow, 
but  sooner  or  later  it  will  gloriously  triumph.  While 
there  may  be  an  honest  diflference  of  opinion  as  to  the 
form  of  the  law,  yet  as  between  restricted  and  unrestricted 
traffic,  I  shall  be  on  the  side  of  restriction,  whatever  my 
station  in  life.  I  stand  pledged  to  it,  publicly  and  pri- 
vately, now  and  always,  to  the  extent  of  my  influence  and 
by  the  exertion  of  every  faculty  I  possess. 

LABbR    EEFOE3I. 

The  annual  report  to  be  presented  for  your  considera- 
tion in  due  season  by  the  Labor  Bureau  will  indicate  what 
has  been  done  by  the  present  organization  during  the  past 
six  months.  Of  course  no  very  elaborate  investigations 
can  be  undertaken  and  completed  in  that  space  of  time. 


508  Governor's  Address. 

But  you  will  have  a  right  to  inquire  whether  an  honest 
endeavor  has  been  made  to  obtain  information  that  will 
aid  in  determining  what  measures  are  necessary  to  elevate 
and  improve  the  condition  of  the  great  mass  of  laboring 
men  and  women  in  this  Commonwealth.  The  Bureau 
should  not  be  continued  in  order  to  furnish  a  desired  posi- 
tion or  coveted  salary  to  this  or  that  individual.  When  it 
ceases  to  collect  facts  and  statistics  calculated  to  assist 
statesmen  in  working  out  the  problem  of  industrial  reform, 
its  usefulness  will  be  at  an  end,  and  it  should  be  discon- 
tinued or  radically  changed  in  management.  Nor  should 
it  be  run  in  order  to  further  some  pet  scheme  of  this 
theorist  or  that  mere  enthusiast.  Its  object  should  be  to 
deal  with  statistics,  to  keep  back  nothing,  to  cover  up 
nothing,  to  present  no  one-sided  picture,  but  as  far  as 
possible  to  collect  all  the  facts,  and  leave  them  to  speak 
for  themselves.  And  when  the  investigation  is  made  so 
broad  and  comprehensive  that  it  will  be  impossible  to 
gainsay  the  conclusion,  I  do  not  doubt  that  every  sensible 
man  will  see  the  necessity  for  steps  to  better  the  situation 
of  the  laboring  classes. 

A  hasty  glance  at  the  condition  of  the  children  of  these 
classes  in  many  of  our  large  manufficturing  communities, 
is  sufficient  to  convince  the  most  sceptical  that  important 
changes  are  imperatively  demanded  as  soon  as  they  can  be 
brought  about.  The  assumption  of  our  laws  is,  that  the 
highest  intelligence  is  the  highest  good  of  the  entire  peo- 
ple. Ignorance  is  dwarfing  to  the  individual  and  danger- 
ous to  society.  It  is  wiser  economy  to  sustain  the  common 
school  than  the  reform  school,  the  normal  school  than  the 
house  of  correction,  the  college  than  the  penitentiary.  The 
State  assumes  that  the  physical,  mental  and  moral  treas- 
ures embraced  in  what  we  call  childhood,  are  so  much 
capital  belonging  to  the  community  as  well  as  to  the 
parents.  And  it  has  been  well  said  that  the  State  under- 
takes to  provide  for,  invest,  develop,  and  look  after  this 
childhood  treasure,  in  such  a  way  that  it  shall  pay  the 
highest  dividends  to  the  Commonwealth.  No  distinction 
of  outward  condition,  whether  it  be  of  wealth  or  poverty, 
of  birth  or  race,  can  be  allowed  to  interfere  with  the  pur- 
pose of  the  State.  She  claims  the  right  and  responsibility 
of  providing  a  good  common-school  education  for  every 
child  within  her  borders  at  the  public  expense.  She  starts 
them  all  upon  the  highway  toward  useful  and  honorable 


Governor's  Address.  509 

manhood  and  womanhood.  That  she  advances  and  main- 
tains this  theory  is  one  of  the  crowning  honors  of  our  good 
Commonwealth. 

In  the  first  communication  which  I  had  the  honor  to 
make  to  the  legislatm-e  of  the  State,  I  presented  figures 
showing  that  nearly  all  our  children  were  attending  a 
school  of  some  sort.  But  a  closer  and  more  thorough  in- 
vestigation reveals  a  state  of  things  that  I  did  not  then 
suppose  existed.  I  find  many  thousand  children  in  our 
crowded  cities  and  manufacturing  establishments,  who 
never  enter  a  school-room,  and  are  growing  up  without 
even  the  rudiments  of  what  we  call  education.  The  num- 
ber of  this  class  seems  to  be  increasing  yearly,  not  because 
of  a  change  for  the  worse  in  public  sentiment,  but  because 
the  facts  of  the  case  have  not  been  sufficiently  well  under- 
stood in  any  quarter. 

The  blame  for  the  deplorable  condition  of  things  that 
really  exists  in  our  manufacturing  establishments,  is  often 
quite  as  much  with  the  employes  as  with  the  employers. 
Families  frequently  move  to  manufacturing  localities  for 
the  express  purpose  of  obtaining  employment  for  children. 
The  anxiety  of  parents  to  reap  the  fruits  of  the  constant 
labor  of  their  children  is  so  great,  that  they  are  quite  will- 
ing to  neglect  all  provision  for  their  mental  or  moral  cul- 
ture. I  do  not  doubt  the  wisdom  of  the  statute  which 
requires  children  between  the  ages  of  five  and  fifteen  years 
to  be  kept  in  school,  and  I  know  how  indispensable  pure 
air  and  out-door  exercise  are  to  their  health  and  develop- 
ment, yet  there  is  no  inconsiderable  number  of  parents 
whose  necessities  seem  to  compel  them  to  seek  employ- 
ment in  mills  and  manufactories  for  every  member  of  their  , 
families  who  is  able  to  work.  The  struggle  for  existence 
is  such  that  they  cannot  stop  to  inquire  whether  the  im- 
13ure  air  and  long  confinement  of  these  establishments  are 
conducive  to  the  health  and  vigorous  growth  of  boys  and 
girls. 

Under  these  circumstances  I  am  inclined  to  think  that 
the  English  system  of  half  time  is  worthy  of  imitation. 
If  we  could  provide  that  no  bo}'  or  girl  under  fifteen  years 
of  age,  should  be  employed  in  any  mill  or  manufactory  for 
more  than  half  the  time,  and  then  make  provision  that  the 
other  half  should  be  spent  in  school  and  at  out-door  sports 
and  exercise,  we  should  institute  a  change  rich  in  promise 
of  reform  and  deserving  of  fair  and  impartial  trial. 


510  Goveenoe's  Addeess. 

Though  a  statute  provision  fixing  the  number  of  hours 
that  operatives  shall  be  required  to  work,  never  has  ap- 
peared to  me  of  such  vital  importance  as  some  consider  it , 
jet  I  freely  admit  that  there  is  one  aspect  of  the  matter 
wliich  seems  to  entitle  the  question  of  enacting  such  a  stat- 
ute to  careful  consideration.  While  as  a  general  proposi- 
tion it  may  be  desirable  to  leave  employers  and  employes 
free  to  agree  upon  prices  and  hours  of  labor,  yet  the  State 
cannot  afford  to  be  utterly  regardless  of  the  health  and 
social  well-being  of  a  larjje  class  of  its  citizens  for  fear  of 
interfering  with  some  established  custom  or  some  prevail- 
ing system.  That  the  strength  of  the  operatives  in  many 
of  our  mills  is  becoming  exhausted,  that  they  are  growing 
prematurely  old,  and  that  they  are  losing  the  vitality  re- 
quisite to  the  healthy  enjoyment  of  social  opportunity,  are 
facts  that  no  careful  and  candid  observer  will  deny.  Ten 
hours  is  the  standard  of  the  longest  day's  work  known  to 
any  branch  of  mechanical  industry  in  this  Commonwealth 
outside  a  portion  of  our  large  manufacturing  corporations. 
What  would  be  lost  to  employers,  and  what  would  not  be 
gained  to  employes,  by  adopting  the  ten-hour  system  in 
these  establishments  ? 

Furthermore,  the  large  majority  of  operatives  in  many 
of  our  mills  are  of  foreign  birth.  What  is  to  l)e  done 
with  them  ?  How  are  we  to  protect  ourselves  from  the 
ignorance  that  is  generally  their  misfortune  rather  than 
their  fault?  How  are  we  to  educate  them  into  unity  of 
aspiration  and  purpose  with  native-born  citizens?  Shall 
we  work  them  so  many  hours  a  day  that  they  will  have 
neither  strength,  interest,  nor  time,  for  becoming  ac- 
quainted with  our  institutions  and  our  aims  as  a  people? 
Or  shall  we,  by  shortening  their  hours  of  labor,  and  the 
establishment  of  evening  schools,  if  need  be,  educate  them, 
tit  them  for  the  duties  of  citizenship,  and  make  them  a 
part  of  ourselves?  Unless  something  of  this  sort  is  done, 
while  the  census  returns  may  show  accumulation  and  en- 
largement, there  can  be  no  increase  of  living  power.  If 
we  are  to  have  in  the  future  a  healthful  growth  of  the  body- 
politic,  all  these  different  elements  of  population  must  be 
blended  into  one  harmonious  whole.  This  will  be  a  work 
of  time  and  patience,  I  very  well  know,  but  we  cannot  go 
on  indefinitely  without  some  broader  and  deeper  considera- 
tion than  we  have  yet  given,  as  a  community,  to  the  well- 
being  of  those  among  us  from  foreign  parts. 


Governor's  Address.  511 

The  limit  of  a  clay's  Avork  to  three-fourths  of  the  labor- 
ing class  in  this  Commonwealth  being  ten  hours,  I  am  not 
able  to  see  that  any  great  detriment  would  result  if  the 
same  limit  should  be  extended  to  the  other  fourth.  I  have 
no  hesitancy  in  recommending  that  the  experiment  be 
tried,  and  you  may  anticipate  Executive  approval  if  you 
enact  a  ten-hour  law.  I  know  of  no  reason  why  it  should 
not  apply  as  well  to  male  as  to  female  operatives. 

iSIuch  is  said  about  the  importance  of  elevating  labor, 
but  it  is  difficult  to  see  how  this  can  be  done,  except  as 
we  elevate  the  laboring  man  and  woman.  Make  Ijetter 
provision  for  their  instruction,  assist  them  in  the  develop- 
ment of  the  higher  faculties  of  their  natures,  encourage 
them  to  secure  comfortable  homes  of  their  own,  and  you 
awaken  capabilities  that  have  hitherto  slumbered,  and  give 
them  enlarged  hopes  and  brighter  aspirations  for  the  future. 
Every  new  homestead  will  inspire  its  occupant  with  new 
energy.  It  will  bring  him  to  a  personal  interest  in  the 
government  of  which  he  is  a  member,  and  make  of  him  a 
stronger  and  worthier  citizen  in  every  respect.  Indeed, 
there  is  very  little  worth  in  a  man  if.  the  ownership  of 
home  does  not  stimulate  him  in  a  thousand  honorable  and 
ennobling  waj^s.  He  who  has  been  actively  instrumental 
in  lifting  one  deserving  fomily  into  this  new  sphere,  has 
done  better  service  to  the  laboring  class  than  the  noisy, 
frothy  demagogue  will  do  in  a  lifetime. 

It  is  a  requirement  of  the  Constitution  that  the  census 
of  the  State  shall  be  taken  in  1875.  This  affords  an  op- 
portunity that  we  ought  neither  to  neglect  nor  misuse. 
Along  with  legislation  for  jjivins:  effect  to  the  census  re- 
quiremeiit,  I  hope  provision  will  be  made  for  as  searching 
an  inquiry  by  the  Labor  Bureau  as  is  practicable,  into  the 
social  condition  of  our  working  classes.  An  honest  and 
thorough  investigation,  conducted  in  a  manner  to  command 
confidence,  would  enable  us  to  see  ourselves  as  we  really 
arc,  much  more  clearly  than  we  now  can,  and  furnish  the 
data  on  which  to  base  action  for  the  future  prosperity  and 
progress  of  the  old  Commonwealth. 

THE    TUXNEL    RAILWAY   ROUTE. 

The  contractors  of  the  Hoosac  Tunnel  have  prosecuted 
their  work  with  reasonable  energy  during  the  year  just 
closed,  and  you  do  not  need  to  be  informed  that  they 
opened  a  passage  through  the   mountain  on  the   27th  of 


512  Governor's  Address. 

November  last.  I  feel  that  we  should  fail  of  our  duty  iu 
the  premises  if  we  did  not  recognize  the  remarkable  skill 
and  unwearied  patience  of  the  engineers  in  charge  of  this 
great  undertaking.  The  scientific  men  of  Europe  were 
highly  elated"  on  the  opening  of  the  Mont  Cenis  Tunnel, 
when  it  was  ascertained  that  the  working  lines  thei-eof 
varied  only  half  a  yard  at  the  junction  of  the  headings. 
But  the  largest  error  found  in  the  lines  at  the  opening  of 
our  Tunnel  was  but  nine-sixteenths  of  an  inch,  being  less 
than  one-sixteenth  of  an  inch  per  thousand  feet  of  ad- 
vance. Such  perfection  of  engineering  is  without  parallel 
in  works  of  this  nature,  and  our  engineers  and  contractors 
have  a  right  to  exult  in  the  success  of  their  arduous  labors. 

The  first  step  in  this  Tunnel  enterprise  was  taken  in 
1848.  From  the  beginning  the  history  of  the  work  is  a 
story  of  struggle,  imminent  failure,  skilful  pluck,  and  un- 
exampled perseverance.  The  friends  of  the  undertaking 
have  pushed  it  with  a  valor  that  would  not  be  defeated, 
while  its  opponents  have  fought  it  with  an  obstinacy 
worthy  a  better  cause.  Now  that  it  is  so  near  its  comple- 
tion we  may  concede  that  it  would  scarcely  have  been  en- 
tered upon  if  the  immense  difficulties  to  be  overcome  had 
been  clearly  foreseen.  To  reach  the  point  we  now  occupy 
has  taken  four  times  as  long  and  cost  three  times  as  much 
in  labor  and  money  as  was  anticipated. 

In  the  early  stages  of  the  enterprise  the  towns  along 
the  Tunnel  line  taxed  themselves  heavily  to  provide  means 
for  its  prosecution,  and  the  strong  men  of  that  entire  sec- 
tion gave  their  whole  energy  to  its  promotion.  But  the 
solid  mountain  was  too  vast  a  barrier  for  private  capital 
and  labor,  and  in  1862  the  State  was  obliged  to  assume 
the  work  or  see  it  come  to  an  utter  failure.  New  plans 
were  adopted,  new  methods  organized,  and  new  energy 
infused  into  the  project.  This  phase  of  the  undertaking 
continued  five  years,  at  the  end  of  which  time  the  moun- 
tain had  been  penetrated  nine  thousand  three  hundred  and 
forty-one  feet.  Then  came  the  final  crisis.  There  was  a 
lack  of  harmony  in  the  administration  of  afijiirs,  the  people 
had  become  tired  of  state  management,  and  strong  eflbrts 
were  made  to  secure  an  abandonment  of  the  enterprise. 
But  the  Commonwealth  was  determined  to  have  a  Tunnel, 
and  these  eflbrts  signally  failed.  Thereupon  a  contract 
was  made  with  the  Shaulys  to  complete  the  Tunnel  by  the 
first  of  March  next,  at  a  cost  of  $4,594,268.     From  this 


Govee:n^or's  Address.  513 

point  dates  assured  success.  Notwithstanding  the  peculiar 
and  vexatious  obstacles  encountered,  the  contractors  have 
made  steady  and  continuous  progress. 

To-day  we  have  every  reason  for  believing  that   the  » 

remaining  work  will  be  advanced  with  such  rapidity  that 
in  eight  months  the  Tunnel  may  be  ready  for  use  as  a  part 
of  the  through  railway  line.  When  completed  it  will  be  four 
and  three-quarters  miles  long,  of  sufficient  size  for  a  double 
track,  and  to  allow  cars  of  the  largest  dimensions  to  pass 
each  other  without  difficulty.  With  this  prospect  for  the 
year  on  which  we  have  just  entered,  it  behooves  you,  as 
the  immediate  representatives  of  the  people  who  have  put 
their  money  and  their  hopes  into  the  enterprise,  to  weigh 
well  the  action  you  must  take  to  secure  the  advantages 
they  expect  to  derive  therefrom. 

The  State's  consulting  engineer  has  made  a  careful 
examination  and  survey  of  the  railway  from  Greenfield  to 
the  Tunnel,  and  will  present  his  report  at  an  early  day, 
accompanied  with  estimates  and  a  map,  indicating  such 
alterations  in  the  line,  to  diminish  the  curves,  improve  the 
grades,  and  strengthen  the  embankments,  as  he  deems 
necessary  to  place  the  road  in  good  condition  for  the  traffic 
that  must  pass  over  it.  The  execution  of  his  plans  will 
make  it  fully  equal  to  the  mountain  division  of  the  Boston 
and  Albany  line.  If  it  should  be  deemed  advisable  here- 
after to  change  the  location  of  the  road,  in  order  to  shorten 
the  distance  and  meet  the  demands  of  increased  business, 
the  present  line  will  be  required  for  freight  purposes,  and 
no  loss  will  accrue  by  reason  of  the  suggested  improve- 
ments. Provision  has  been  made  for  the  construction  of 
the  necessary  bridges  and  the  laying  of  the  track  l^etween 
North  Adams  and  the  Tunnel,  and  also  for  the  extension 
of  the  track  east  of  the  mountain  from  the  present  depot  to 
the  end  of  the  Tunnel,  so  that  if  you  decide  to  adopt  the 
recommendations  of  the  engineer,  and  furnish  the  means 
at  an  early  date  for  carrying  them  into  effect,  it  is  believed 
the  entire  line  west  of  Greenfield  can  be  made  ready  for 
business  by  the  first  of  September  next.  The  alterations 
requisite  on  the  road  from  Fitchburg  to  Greenfield  are 
much  greater,  and  a  much  longer  time  will  be  required  to 
make  them,  but  the  existing  line  can  be  used  till  these 
needful  changes  and  improvements  are  consummated. 

The  most  important  question  pressing  upon  us  for 
answer   at  the  present  session  of  the  General  Court  is, 

65 


514  Goveenoe's  Address. 

What  shall  the  State  do  with  its  forty-four  miles  of  railway 
and  Tunnel  ?  The  benefit  which  the  people  of  the  Com- 
monwealth are  to  derive  from  the  undertaking,  now  so 
»  nearly  finished,  depends  in  a  very  large  degree  upon  the 

proper  solution  of  this  problem.  Conflicting  interests, 
rival  railroads,  and  personal  considerations,  naturally 
divide  popular  sentiment  in  regard  to  this  subject.  While 
there  is  such  variance  in  the  views  of  the  people,  no  one 
need  wonder  that  there  is  some  difficulty  in  harmonizing 
the  views  of  their  representatives. 

The  original  purpose  with  respect  to  the  Tunnel  was  to 
open,  in  conjunction  with  roads  then  in  operation,  a  new 
and  competing  line  between  Boston  and  the  Hudson  Elver. 
The  situation  has  somewhat  changed  with  the  lapse  of 
years  since  the  work  was  begun.  The  objective  point  is 
still  a  point  reached  over  the  Boston  and  Albany,  but  con- 
solidation and  concentration  of  business  have  altered  the 
conditions  of  competition.  The  Boston  and  Albany  has 
now  a  double-track,  fully  equipped  road,  and,  by  its  con- 
nections and  contracts,  is  measurably  enabled  to  control 
freight  to  the  Lakes.  That  the  population  along  its  line 
requires  and  sustains  frequent  and  rapid  passenger  trains, 
by  which  it  can,  without  much  additional  expense,  meet  the 
demands  of  through  travellers,  must  for  many  years  to 
come  give  it  decided  advantage  as  a  passenger  route.  In 
other  words,  its  facilities  for  every  kind  of  transportation 
are  such  that  it  can  offer  great  inducements  to  the  Western 
roads  to  turn  their  business  to  its  line.  A  strong  corpora- 
tion is  essential  to  fair  prospect  of  successful  competition 
with  it.  The  physical  superiority  of  the  new  route  cannot 
be  relied  upon  to  accomplish  everything.  Nor  will  it  be 
possible  to  succeed  if  the  Tunnel  line  is  in  the  hands  of 
several  boards  of  management,  each  of  which  has  a  special 
interest  in  the  section  of  road  it  particularly  represents. 
But  in  order  to  secure  an  energetic  and  efl'ective  operation 
of  the  line,  it  ought  to  be  placed  in  the  direct  control  of  a 
single  board,  thoroughly  comprehending  the  magnitude  of 
its  task,  able  to  equip  the  whole  road  in  the  best  possible 
manner,  and  capable  of  appreciating  the  opportunity  now 
,  offered.  Thus  and  thus  only,  in  my  judgment,  can  the 
new  route  be  made  to  realize  the  reasonable  expectations 
of  the  public. 

Shall  the  State  undertake  this  work?  I  am  aware  that 
numbers  of  our  best  citizens  believe  she  should,  but  I  con- 


Governor's  Address.  515 

fess  that  I  have  had  strong  misgivings  from  the  first,  and 
doubt  the  expediency  of  such  a  course  as  much  to-duy  as 
ever.  I  know  it  is  said  that  other  governments  have  tried 
the  experiment  and  brought  it  to  a  successful  issue.  But 
we  must  not  forget  that  our  government  is  different  from 
any  other.  It  seems  to  me  that  our  annual  chane^e  of  ad- 
ministration, our  sudden  political  revolutions,  and  the  too 
prevalent  idea  that  spoils  necessarily  belong  to  victors, 
would  essentially  interfere  with  the  stable  and  economical 
management  of  a  railway.  Furthermore  it  would  be  im- 
possible for  the  State  itself  to  operate  a  railroad,  for  the 
reason  that  a  State  cannot  be  sued,  and  questions  are  con- 
stanly  arising  between  the  customers  and  the  management 
of  railways  that  require  judicial  investigation.  Hence  the 
experiment  which  it  is  demanded  that  we  should  try,  seems 
to  me  practicable  only  through  a  board  of  trustees  organ- 
ized as  a  corporation,  capable  of  suing  and  being  sued,  and 
with  full  power  to  manage  the  line. 

In  considering  this  aspect  of  the  matter,  perhaps  we  may 
draw  a  profitable  lesson  from  our  experience  in  undertak- 
ing as  a_  State  through  a  commission  to  excavate  the 
Tunnel.  The  annual  appeals  to  the  General  Court  for 
new  legislation  and  further  appropriations,  the  tedious  and 
repeated  hearings  before  the  Governor  and  Council  and 
legislative  committees,  so  wearied  the  diflerent  branches  of 
government  that  they  finally  determined  to  endure  the 
perplexity  no  longer,  and  thereupon  the  contract  was  given 
to  the  Shanlys,  in  the  conviction  that  private  enterprise 
could  carry  on  the  work  more  economically  and  with  far 
less  trouble.  Even  now,  claims  that  were  settled  by  the 
Tunnel  officials  during  the  period  of  state  management,  are 
annually  presented  to  the  legislature,  on  the  ground  that 
the  commissioners  were  simply  agents  whose  accounts 
should  be  re-adjusted  by  the  higher  tribunal ;  and  as  the 
hearings  on  these  memorials  are  mostly  ex  parte ^  the  peti- 
tioners frequently  secure  the  favorable  report  of  bills 
making  further  allowance  in  respect  to  claims  that  no  one 
would  attempt  to  bring  before  a  tribunal  of  persons  acting 
in  a  private  business  capacity.  If  we  embark  the  State 
on  this  new  enterprise  of  railway  management,  we  invite 
manifold  enlargement  of  difficulties  and  perplexities  from 
which  our  predecessors  were  glad  to  escape,  and  bring 
upon  the  Commonwealth  an  expenditure  and  indebtedness 
the  magnitude  of  which  no  human  foresight  can  predict. 


516  Governoe's  Address. 

But  while  I  am  opposed  to  eugagiDg  the  State  in  any 
business  that  can  better  or  as  well  be  prosecuted  by  private 
enterprise,  and  believe  the  management  of  a  railway  wholly 
outside  its  legitimate  province,  yet  if  the  experiment  must 
be  tried,  perhaps  the  present  may  be  considered  as  favor- 
alile  an  opportunity  as  can  be  expected  to  occur.  It 
would  seem  preferable  to  lease  the  connecting  roads  rather 
than  to  buy  them,  because  in  case  of  failure  it  would  be 
easier  to  re-let  than  to  sell. 

The  popuhir  demand  that  the  Tunnel  shall  be  retained 
by  the  State  is  too  evident  to  be  overlooked  or  ignored. 
Just  at  present  the  general  sentiment  appears  to  be  that  it 
must  never  become  part  of  a  consolidated  line.  While  I 
do  not  full}'  sympathize  with  this  sentiment,  but  believe  a 
different  view  will  ultimately  prevail,  yet  we  must  accept 
the  situation  as  it  is  presented  to  us,  and  apply  ourselves 
to  the  wisest  solution  of  the  problem  that  is  practicable 
under  this  aspect  of  affairs. 

Since  the  Tunnel  was  begun,  additional  railways  have 
been  projected  that  seek  a  connection  with  the  new  line 
and  demand  equal  facilities  therewith.  These  side,  and  to 
some  extent  conflicting,  interests,  increase  the  difficulty  of 
deciding  how  to  dispose  of  the  Tunnel  so  as  to  bring  the 
greatest  benefit  to  the  whole  body  of  our  people.  It  is  a 
fairly  settled  result  of  railway  experience  that  it  is  danger- 
ous and  highly  inexpedient  to  allow  independent  lines  to 
operate  the  same  section  of  road.  Hence,  if  there  must 
be  reserved  to  these  other  companies  the  right  of  equal 
advantage  through  the  Tunnel  with  the  main  line,  the  State 
ma}^  retain  its  ownership  of  the  Tunnel  and  the  Greenfield 
road,  and  make  provision  for  their  management  through 
agents  or  trustees.  It  would  not  be  advisable  to  retain 
the  Tunnel  and  sell  the  road,  for  the  connection  is  such 
that  in  this  event  the  State  would  be  at  the  mercy  of  the 
parties  operating  the  road.  It  would  be  bottled  up  in  the 
Tunnel,  without  power  to  extricate  itself,  except  upon  such 
terms  as  the  railroads  dictated. 

The  wisest  solution  now  possible  of  the  grave  problem 
before  us  may  be  to  place  the  entire  interest  of  the  State 
in  the  hands  of  a  board  of  trustees.  The  duties  of  such 
a  board  would  be  limited  and  simple.  They  could  either 
operate  Avhat  the  State  owns  by  furnishing  the  motive 
power  themselves,  or,  so  long  as  there  exists  but  one  road 
on  either  side  the  mountain  that  connects  with  the  Tunnel, 


Goveexoe's  Addeess.  517 

they  might  contract  with  this  road  for  the  operation  of  the 
State's  interest.  The  objection  to  the  management  by  the 
State  of  the  section  which  it  owns  lies  in  the  danger  that 
the  line  wonld  be  weakened  by  dissipating  the  business 
and  severing  the  through  connection.  For  it  is  not  alone 
the  community  directly  served  that  will  derive  benetit 
from  building  up  a  strong  through  line  in  connection  with 
this  route.  The  Tunnel  can  be  made  of  advantage  to  the 
Commonwealth  far  beyond  the  amount  of  business  actually 
passing  through  it,  by  its  power  to  control  or  regulate 
business  that  will  continue  to  flow  in  its  old  channels  on 
existing  lines  between  the  East  and  the  West.  But  to 
maintain  this  power  and  render  it  effective,  the  Tunnel 
line  must  be  directed  and  managed  by  a  strong  organiza- 
tion of  some  kind.  If  the  plan  I  have  suggested  is 
adopted,  the  trustees  of  the  State  should  be  appointed  for 
a  term  of  years,  that  there  may  not  be  sudden  and  fre- 
quent changes  of  management,  and  that  the  line  may  be 
beyond  the  influence  of  political  upheavals. 

The  corporation  entering  this  new  field  must  have  broad 
and  far-reaching  views  of  the  work  before  it.  It  must 
possess  the  strength  requisite  to  make  the  necessary  im- 
provements and  equip  the  whole  line  in  the  most  thorough 
manner.  It  must  be  in  active  sympathy  with  the  people 
of  the  State,  and  alert  to  bring  business  to  the  line,  as 
well  as  prompt  in  the  accommodation  of  what  naturally 
seeks  it.  It  must  be  wise  enough  to  deal  judiciously  and 
patiently  with  local  rivalries  and  jealousies,  and  not  over- 
anxious to  make  large  dividends  at  once  to  the  prejudice 
of  future  prosperity.  Thus  seeing  and  meeting  its  oppor- 
tunity, it  will  eventually  give  us  what  has  so  long  been 
desired,  a  shorter  and  quicker  route  than  now  exists  be- 
tween the  tide-w^aters  of  our  State  and  the  great  lakes  of 
the  West.  With  the  realization  of  this  desire  we  should 
be  compelled  to  say  that  the  gain  and  profit  of  the  Tunnel 
outweigh  all  its  cost. 

Senators  and  Representatives: 

The  people,  just  recovering  from  severe  financial  em- 
barrassment, staggering  under  a  burden  of  taxation  too 
heavy  long  to  be  patiently  borne,  demand  the  greatest 
frugality,  and  such  retrenchment  as  is  possible,  in  every 
department  of  the  State.  Always  gratified  to  see  the 
public  indebtedness  diminishing,  they  look  in  a  time  of 


518  Gover:n^oe's  Addeess. 

peace  with  exceeding  disfavor  upon  any  increase.  In  ad- 
dition to  the  funds  that  must  be  provided  during  the  pres- 
ent year  for  the  ordinary  administration  of  affairs,  and  for 
the  completion  of  the  Shanly  contract,  an  appropriation 
will  be  required  for  work  upon  the  Troy  and  Greenfield 
Eailroad,  that  it  may  be  in  readiness  for  the  traffic  of  the 
Tunnel,  and  the  treasury  will  be  called  on  for  money  in 
carrying  out  the  contract  for  the  improvement  of  the 
South  Boston  Flats.  Furthermore,  we  have  the  new 
State  Prison,  the  new  Insane  Hospitals  at  Dan  vers  and 
Worcester,  and  extensive  additions  to  that  at  Taunton,  all 
on  our  hands  and  now  going  forward.  I  feel  quite  sure 
that  nothing  but  the  most  pressing  necessity  will  persuade 
you  to  grant  additional  credit  or  undertake  any  new  en- 
terprise at  the  present  term  of  the  General  Court. 

Much  and  just  complaint  is  made  at  the  length  of  our 
legislative  sessions.  If  we  could  have  more  general  and 
less  special  legislation,  and  if  the  disposition  of  the  Tun- 
nel could  be  referred  to  a  committee  without  other  l)usi- 
ness,  so  that  an  early  report  might  be  presented  and  urged 
to  action,  it  seems  to  me  there  would  be  a  foir  prospect  of 
bringing  your  labors  to  a  close  within  a  reasonable  time. 
I  assure  you  that  no  effort  of  mine  shall  be  wanting  to 
secure  this  result. 


Special  Messages.  519 


SPECIAL    MESSAGES. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  BY  HIS 

EXCELLENCY  THE  GOVERNOR,  TO  THE  LEGISLATURE, 

DURING  THE  ANNUAL  SESSION. 

[To  the  Senate  and  House  of  Representatives,  January  15.] 

I  have  the  honor  herewith  to  lay  before  the  General 
Court  a  report  of  the  pardons  granted  by  the  Governor 
and  Council  during  the  year  1873.  Of  the  fifty  convicts 
thus  set  at  liberty,  twelve  were  in  the  state  prison,  tbirt}^- 
six  in  houses  of  correction,  one  in  an  insane  hospital, 
and  one  in  the  county  jail  at  Lowell.  In  sixteen  cases, 
sickness  was  the  controlling  reason  for  granting  pardon, 
and  in  half  these  cases  it  is  known  that  death  took  place 
within  a  few  weeks.  Every  pardon  of  the  year  contained 
the  Condition  that  if  the  person  to  whom  it  was  issued 
should,  before  the  expiration  of  the  sentence,  be  convicted 
of  any  crime  punishable  by  imprisonment,  he  would  be 
held  to  serve  out  the  remainder  thereof. 


No.  1.  Mary  Sullivan.  Convicted  of  larceny  :  Police 
Court,  Chelsea,  October  17,  1872.  Sentenced  to  six 
months  in  house  of  correction.  Pardon  granted  January 
15,  1873,  on  petition  of  several  ladies  of  Chelsea,  who  had 
known  her  as  an  honest  and  faithful  domestic  for  many 
years.  New  evidence  led  the  justice  before  whom  the 
case  was  tried  to  recommend  clemency. 

No.  2.  Ja3IES  Carr.  Convicted  of  adultery  :  Superior 
Court,  Middlesex  County,  November  21,  1871.  Sentenced 
to  eighteen  months  in  house  of  correction.  Pardon  granted 
January  16,  1873,  on  petition  of  several  citizens  of  Cam- 
bridge. Had  been  four  months  in  hospital  with  disease  of 
lungs,  and  release  was  advised  by  the  physician  in  charge. 


520  Special  Messages. 

and  also  by  the  district-attorney.     Died  in  less  than  two 
weeks  after  his  release. 

No.  3.  John  McKenxey.  Convicted  of  assault :  Su- 
perior Court,  Sufiblk  County,  December,  1871.  Sentenced 
to  eighteen  months  in  house  of  correction.  Pardon  granted 
January  29,  1873,  on  petition  of  his  family.  Sick  with 
disease  that  endangered  life,  and  released  for  medical 
treatment  elsew^here.  Strongly  recommended  by  master 
and  other  officers  of  South  Boston  house  of  correction. 

No.  4.  John  Leaey.  Convicted  of  breaking  and  en- 
tering :  Superior  Court,  Suffolk  County,  May  1870.  Sen- 
tenced to  three  years  in  state  prison.  Pardon  granted 
February  6,  1873,  on  certificate  of  prison  physician  that 
he  was  in  the  last  stages  of  consumption.  Died  two  days 
after  being  released. 

No.  5.  Edward  Finley.  Convicted  of  larceny  from 
building :  Superior  Court,  Sufiblk  County,  January,  1870. 
Sentenced  to  six  years  in  state  prison.  Pardon  granted 
February  6,  1873,  on  petition  of  his  parents.  Prison 
physician  certified  that  he  was  in  last  stages  of  consump- 
tion.    He  died  three  days  after  coming  out. 

No.  6.  Adam  Eary.  Convicted  of  assault  and  larceny : 
Municipal  Court,  Boston,  December  26,  1872.  Sentenced 
to  nine  months  in  house  of  correction.  Pardon  granted 
March  4,  1873,  on  his  own  petition,  endorsed  by  police 
officer  who  prosecuted  the  case.  New  evidence  submitted 
after  sentence  led  the  presiding  judge  to  recommend  his 
release. 

No.  7.  John  Gunn.  Convicted  of  attempt  at  rape : 
Superior  Court,  Berkshire  County,  January,  1863.  Sen- 
tenced to  fifteen  years  in  state  prison.  Pardon  granted 
March  4,  1873,  on  his  own  petition,  endorsed  by  A.  J. 
Waterman,  W.  R.  Plunkett,  Henry  Chickering,  E.  H. 
Kellogg,  John  M.  Brewster,  and  several  other  citizens  of 
Pittsfield.  Convicted  and  sentenced  at  a  very  early  age. 
Had  no  council  at  time  of  trial.  Gifence  committed  when 
drunk.  Under  existing  laws  he  w^ould  hardly  have  been 
sentenced  to  more  than  ten  years  imprisonment.  Conduct 
very  good  while  in  prison,  and  he  appeared  to  be  fully 
reformed. 

No.  8.  Daniel  Keefe.  Convicted  of  larceny  from  a 
store  :  Superior  Court,  Sufiblk  County,  January,  1871. 
Sentenced  to  three  and  a  half  years  in  state  prison. 
Pardon  granted  March  11,  1873,  on  petition  of  his  brother, 


Special  Messages.  521 

endorsed  by  the  merchants  from  whom  the  property  was 
stolen,  ^vho  thought  the  sentence  was  too  severe.  Prison 
physician  certified  that  he  had  been  in  hospital  many 
mouths,  and  was  so  low  with  consumption  that  he  could 
not  live  long.     He  died  about  ten  days  later. 

No.  9.  Feank  Wood.  Convicted  of  burglary :  Su- 
perior Coiu't,  Worcester  County,  August,  1870.  Sen- 
tenced to  three  years  in  house  of  correction.  Pardon 
granted  March  18,  1873,  on  petition  of  Hon.  John  D. 
Baldwin,  Hon.  Adin  Thayer,  Hon.  Edward  Earle,  Hon. 
T.  L.  Nelson,  Hon.  Lewis  Barnard,  Hon.  P.  Emory 
Aldrich,  Hon.  I.  N.  Koss,  Hon.  Henry  Chapin,  and  thirty 
other  prominent  citizens  of  Worcester.  Recommended  by 
district-attorney  and  master  of  house  of  correction.  Pris- 
oner was  a  young  man,  whose  parents  had  kept  him  under 
restraint  worthy  of  a  barlmric  age,  which  caused  him  to 
run  into  vicious  courses  as  soon  as  he  had  an  opportunity. 
Reformation  was  believed  to  be  complete. 

No.  10.  Waeren  S.  Emerson.  Convicted  of  aiding  in 
a  forgery  :  Superior  Court,  Hampden  County,  May,  1872. 
Sentenced  to  eighteen  months  in  house  of  correction. 
Pardon  granted  March  26,  1873,  on  his  own  petition,  en- 
dorsed by  Ex-Lieut.  Governor  Trask,  City  Marshall  Pease, 
officers  of  the  bank  on  which  the  forgery  was  committed, 
the  city  clerk,  register  of  deeds,  county  treasurer.  Rev. 
Dr.  Buckingham  and  forty  other  citizens  of  Springfield. 
Recommended  by  district-attorney  on  score  of  ill-health. 
He  was  in  hospital  much  of  the  time,  and  confinement  had 
developed  consumption,  which  seriously  threatened  his 
life. 

No.  11.  Catherine  O'Malley.  Convicted  of  an  as- 
sault :  Superior  Court,  Suffolk  County,  September,  1872. 
Sentenced  to  eiohteen  months  in  house  of  correction. 
Pardon  granted  March  26,  1873,  on  her  own  petition, 
endorsed  by  Hon.  Robert  Johnson,  Hon  A.  J.  Wright, 
and  several  other  citizens,  including  the  person  assaulted. 
Investigation  and  new  evidence  showed  that  the  provoca- 
tion prior  to  the  assault  was  very  great,  that  the  previous 
reputation  of  prisoner  was  excellent,  and  that  she  had  a 
small  child  who  was  dangerously  ill  and  needed  the  care 
of  his  mother. 

No.  12.  William  Putney.  Convicted  of  larceny  from 
the  person  :  Superior  Court,  Worcester  County,  October 
29,  1872.     Sentenced  to  two  years  in  the  house  of  correc- 

66 


522  Special  Messages. 

tion.  Pardon  granted  April  22,  1873,  on  his  own  petition. 
Recommended  by  physician  in  charge,  the  district-attorney 
and  Sheriff  Sprague  of  Worcester.  Nothing  against  his 
previous  character ;  conduct  in  prison  excellent,  and  sen- 
tence rather  severe.  He  needed  medical  treatment  that 
could  not  be  given  him  in  the  house  of  correction. 

No.  13.  Daniel  Collins.  Convicted  of  assaulting  an 
officer:  Superior  Court,  Franklin  County,  August,  1872. 
Sentenced  to  fifteen  months  in  house  of  correction.  Par- 
don granted  May  27,  1873,  on  his  own  petition,  endorsed 
by  the  officer  assailed.  Recommended  by  Sheriff  Longley 
and  district-attorney.  Physician  in  charge  certified  that 
he  was  quite  ill,  and  that  recovery  while  in  confinement 
was  doubtful. 

No.  14.  David  Welch.  Convicted  of  larceny  on  two 
indictments:  Police  Court,  Salem,  August,  1869,  and 
Superior  Court,  Essex  County,  October,  1870.  Sentenced 
on  both  to  four  and  a  half  years  in  house  of  correction. 
Pardon  granted  June  5,  1873,  on  petition  of  his  mother, 
endorsed,  by  chaplain  of  Ipswich  house  of  correction,  Hon. 
George  B.  Loring,  Hon.  Samuel  Calley,  James  A.  Gillis, 
City  Marshal  Jackman,  and  numl)er  of  other  citizens  of 
Salem.  Recommended  by  master  of  house  of  correction, 
and  not  objected  to  by  the  district-attorney.  These  were 
prisoner's  first  offences,  and  he  was  but  seventeen  years  of 
age  when  he  committed  them.  He  had  learned  to  read 
and  write  while  in  prison,  his  conduct  had  been  uniformly 
good,  the  pardon  committee  of  the  Council  thought  the 
sentence  severe,  and  it  was  believed  he  would  lead  a  repu- 
table life  if  set  at  liberty. 

No.  15.  Charles  Wood.  Convicted  of  assaulting  a 
hackman  with  a  loaded  pistol :  Superior  Court,  Suffolk 
County,  February,  1873.  Sentenced  to  six  months  in 
house  of  correction.  Pardon  granted  June  7,  1873,  on  his 
own  petition,  endorsed  by  many  citizens  of  Boston.  The 
.  pardon  committee  of  the  Council  spent  a  month  in  inves- 
tigating this  case.  They  became  convinced  that  certain 
material  evidence  against  the  prisoner  was  based  on  a  mis- 
apprehension of  circumstances,  and  were  advised  by  the 
justice  who  imposed  the  sentence  that  in  this  view  of  the 
matter  a  portion  of  it  might  properly  be  remitted. 

No.  16.  Michael  Cahill.  Convicted  of  breaking  and 
entering :  Superior  Court,  Middlesex  County,  July  10, 
1872.     Sentenced  to  two  years   in  house  of  correction. 


Special  Messages.  523 

Pardon  granted  June  10,  1873,  on  petition  of  Hon.  Francis 
Jewett,  Hon.  George  A.  Marden,  Hon.  William  H. 
Loughlin  and  a  dozen  other  citizens  of  Lowell.  Had  been 
in  hospital  more  than  two  months.  Pardon  was  strongly 
recommended  b}-  the  district-attorney,  who  thought  the 
sentence  severe  for  the  offence  committed. 

No.  17.  "William  Keating,  Jr.  Convicted  of  larceny 
from  the  person  :  Superior  Court,  Suffolk  County,  July, 
1872.  Sentenced  to  three  years  in  house  of  correction. 
Pardon  granted  July  8,  1873,  on  petition  of  his  father, 
endorsed  by  Hon.  Martin  Griffin,  Hon.  John  A.  Nowell, 
Moses  Fairbanks,  Cornelius  G.  Atwood  and  other  citizens 
of  Boston — physician  in  charge  certifying  that  he  was  in 
last  stages  of  disease  that  must  cause  death.  Died  about 
a  week  after  his  release. 

No.  18.  Walter  J.  Abbey.  Convicted  of  larceny 
from  building  :  Superior  Court,  Suffolk  County,  December, 
1872.  Sentenced  to  eighteen  months  in  house  of  correc- 
tion. Pardon  granted  July  8,  1873.  He  was  in  low  state 
of  health  w^ith  disease  from  which  physician  believed  he 
could  not  recover,  though  he  thought  a  sea-voyage  might 
make  his  last  days  more  comfortable.  Friends  sent  him 
to  his  old  home  in  England  as  soon  as  he  was  set  at  liberty. 

No.  19.  John  Reakgan.  Convicted  of  assault :  Supe- 
rior Court,  Plymouth  County,  November,  1872.  Sen- 
tenced to  nine  months  in  house  of  correction.  Pardon 
granted  July  8,  1873,  on  his  own  petition,  endorsed  by 
Hon.  B.  W.  Harris,  Hon.  Albert  Mason,  Charles  G.  Davis 
and  all  the  officers  of  the  Plymouth  house  of  correction. 
He  was  in  jail  some  time  before  sentence,  and  had  no 
counsel  at  time  of  trial.  Evidence  submitted  to  the  Coun- 
cil showed  extenuating  circumstances.  District-attorney 
thought  the  case  a  proper  one  for  exercise  of  clemency. 

No.  20.  James  S^iith.  Convicted  of  breaking  and 
entering;  Superior  Court,  Middlesex  County< November, 
1870.  Sentenced  to  three  years  in  state  prison.  Pardon 
granted  July  lo,  1873,  on  petition  of  his  family,  prison 
physician  certifying  that  he  was  at  point  of  death.  He 
died  at  home  three  days  after  release. 

No.  21.  Hazen  L.  Foss.  Convicted  of  peddling  with- 
out license :  Police  Court,  Lawrence,  June  18,  1873. 
Sentenced  to  fifty  days  in  house  of  correction.  Pardon 
granted  July  15,  1873,  on  petition  of  mayor,  three  alder- 
men   and   twenty    other   citizens    of  Haverhill.     Recom- 


524  Special  Messages. 

mended  by  justice  who  imposed  the  sentence.  Foss  Avas 
a  pedler  for  some  years  in  another  State  where  no  license 
was  necessary,  and  had  no  idea  till  his  arrest  that  such  a 
thing  was  required  in  this  Commonwealth. 

No.  22.  John  T.  Bagley.  Convicted  of  keeping 
liquor  nuisance  :  Superior  Court,  Suffolk  County,  January, 
1873.  Sentenced  to  six  months  in  house  of  correction 
and  fine  of  one  hundred  dollars.  Remission  of  fine  g-ranted 
July  31,  1873,  on  petition  of  his  brother.  He  was  sev- 
erely injured  on  the  head  while  at  work  in  South  Boston 
house  of  correction,  and  his  release  from  confinement 
seemed  to  be  demanded  as  an  act  of  humanity. 

No.  23.  Joseph  Tremer.  Convicted  of  an  assault 
with  pistol :  Superior  Court,  Worcester  County,  January 
27,  1873.  Sentenced  to  ten  months  in  house  of  correc- 
tion. Pardon  granted  July  31,  1873,  on  petition  of  his 
employers  and  other  citizens,  who  guaranteed  that  he 
should  be  a  good  citizen  during  unexpired  portion  of  his 
sentence.  He  claimed  that  he  only  used  the  pistol  in  self- 
defence,  and  Council  believed  he  had  no  intention  of  doing 
wrong.  District-attorney  and  Sheriii'  Sprague  thought  his 
sentence  severe,  and  felt  that  the  case  was  one  in  which 
clemency  might  well  be  exercised. 

No.  24.  Clarence  W.  Piper.  Convicted  of  larceny 
from  building  :  Superior  Court,  Essex  County,  November, 
1872.  Sentenced  to  two  years  in  house  of  correction. 
Pardon  granted  August  5,  1873,  on  petition  of  his  mother, 
endorsed  by  selectmen,  town  clerk  and  trial  justice  of 
Eowley.  Recommended  by  master  of  house  of  correction. 
Had  disease  that  proved  fatal  during  next  month  after  his 
release. 

No.  25.  John  McGrath.  Convicted  of  assault : 
Municipal  Court,  Boston,  July  3,  1873.  Sentenced  to 
three  months  in  house  of  correction.  Pardon  granted 
August  15,  1873,  on  his  own  petition.  He  was  a  youth 
just  from  Nova  Scotia,  who  had  no  counsel  at  time  of  trial, 
and  plead  guilty  without  comprehending  the  force  of  such 
a  plea.  Evidence  submitted  to  Governor  and  Council 
showed  that  offence  was  of  trivial  character  and  committed 
under  provocation.  Returned  to  the  provinces  as  soon  as 
he  was  released. 

No.  26.  John  Cling  AN.  Convicted  of  forgery  :  Supe- 
rior Court,  Hampden  County,  May,  1872.  Sentenced  to 
twenty  months  in  house  of  correction.     Pardon  granted 


Special  Messages.  525 

Angust  29,  1873,  on  his  own  petition,  endorsed  b}"  Hon. 
William  L.  Smith,  his  former  employers,  and  other  citizens 
of  Springfield.  Dr.  William  G.  Breck,  Dr.  David  P. 
Smith  and  Dr.  C.  C.  Chaifee,  of  that  city,  after  repeated 
examinations,  certified  that  in  their  jndgment  confinement 
much  longer  continued  would  cause  his  death. 

No.  27.  John  Welch.  Convicted  of  larceny  at  time 
of  great  fire  in  Boston  :  SuJDerior  Court,  SuflTolk  County, 
December,  1872.  Sentenced  to  one  year  in  house  of  cor- 
rection. Pardon  granted  August  29,  1873,  on  petition  of 
Ex-Governor  Claflin,  Martin  Griffin,  W.  A.  Simmons, 
Patrick  Donahoe,  Robert  Morris  and  other  citizens  of  Bos- 
ton. The  property  in  question  was  all  recovered  and 
restored  to  owners,  who  became  satisfied  that  Welch  never 
intended  to  appropriate  it  to  his  own  use,  but  merely  mis- 
placed it  while  intoxicated  or  excited. 

No.  28.  Edward  J.  Murphy.  Convicted  of  an  assault 
with  intent  to  kill :  Superior  Court,  Middlesex  County, 
Noveufber,  1871.  Sentenced  to  three  and  a  half  years  in 
Lowell  jail.  Pardon  granted  August  29,  1873,  on  his  own 
petition.  He  evidently  plead  guilty  without  understand- 
ing the  full  character  of  the  indictment.  Pardon  recom- 
mended by  Sheriff  Kimball  and  the  judge  who  imposed 
the  sentence. 

No.  29.  William  McCoRMiCK.  Convicted  of  idleness, 
disorderly  conduct,  and  assaulting  an  officer  :  Police  Court, 
Lawrence,  December  9,  1872.  Sentenced  to  sixteen 
months  in  house  of  correction.  Pardon  granted  September 
25,  1873,  on  petition  of  his  mother,  endorsed  by  the  mayor, 
two  aldermen,  the  city  missionary,  George  S.  Merrill, 
H.  A.  Wadsworth  and  a  dozen  other  citizens  of  Lawrence. 
New  evidence  showed  that  the  case  against  him  was  not  so 
bad  as  it  appeared  to  be  at  the  time  of  trial.  Police  justice 
recommended  pardon.  So  did  physician  in  charge  of  prison, 
on  account  of  his  feeble  condition. 

No.  30.  Joseph  Leayitt.  Convicted  of  adultery : 
Superior  Court,  Worcester  County,  October,  1872.  Sen- 
tenced to  eicrhteen  months  in  house  of  correction.  Pardon 
granted  September  25,  1873,  on  petition  of  Hon.  Amasa 
Norcross,  Gen.  John  W.  Kimball,  Hon.  Rodney  Wallace 
and  forty  other  citizens  of  Fitchburg.  After  much  inves- 
tigation the  Council  became  satisfied  that  according  to  the 
ordinary  practice  of  the  courts  this  man  had  been  already 
severely  punished. 


526  Special  Messages. 

No.  31.  William  Fitzgerald.  Convicted  of  assault- 
ing an  officer :  Superior  Court,  Essex  County,  February, 
1873.  Sentenced  to  two  years  and  six  months  in  house  of 
correction.  Pardon  granted  September  25,  1873,  on  peti- 
tion of  the  mayor,  city  marshal  and  nearly  one  hundred 
other  citizens  of  Salem.  Sentence  excessive.  Recom- 
mended in  the  strongest  manner  by  district-attorney. 

No.  32.  Jeremiah  Sullivan.  Convicted  of  larceny  : 
Superior  Court,  SuHblk  County,  April,  1873.  Sentenced 
to  live  years  in  the  state  prison.  Pardon  granted  Septem- 
ber 25,  1873,  on  petition  of  his  mother.  He  had  no  counsel 
at  time  of  trial.  Evidence  submitted  to  Governor  and 
Council  led  them  to  think  the  officer  who  appeared  against 
him  might  have  been  mistaken  in  his  man.  Sullivan  was 
suffering  from  serious  wound  in  the  lungs,  caused  by  an 
accident  two  years  before,  and  was  in  hospital  nearly  all 
the  period  of  imprisonment.  Physician  certified  that  he 
could  never  recover  his  health,  though  he  might  live  a  year 
or  two  if  cared  for  at  home.  . 

No.  33.  Patrick  DoHERTY.  Convicted  of  an  assault : 
Superior  Court,  Suffolk  County,  June,  1873.  Sentenced 
to  eight  mouths  in  house  of  correction.  Pardon  granted 
October  31,  1873,  on  petition  of  his  wife,  endorsed  by 
Hon.  Martin  Griffin.  Prisoner's  previous  reputation  was 
good  ;  the  offence  was  committed  under  great  provocation  ; 
the  Council  thought  the  sentence  excessive. 

No.  34.  WiLLLUi  Ryan.  Convicted  of  an  assault  with 
a  knife  :  Superior  Court,  Middlesex  County,  November  11, 
1872.  Sentenced  to  eighteen  months  in  house  of  correc- 
tion. Pardon  granted  October  31,  1873,  on  petition  of 
mayor,  five  aldermen,  city  solicitor,  city  marshal,  and  a 
dozen  other  prominent  citizens  of  Lowell.  Prisoner  was  a 
hard-working  man,  who  had  never  been  arrested  before. 
The  assault  took  place  at  a  "  wake,"  where  all  parties  were 
more  or  less  intoxicated,  and  Ryan  undoubtedly  had  some 
provocation.  District-attorney  thought  the  sentence  severe. 

No.  35.  Barney  Kenney.  Convicted  of  larceny  from 
store  :  Superior  Court,  Norfolk  Couuty,  December  13, 
1872.  Sentenced  to  two  and  a  half  years  in  house  of  cor- 
rection. Pardon  granted  October  31 ,  1873,  on  his  own  peti- 
tion, endorsed  by  Hon.  R.  Porter,  his  former  employers,  and 
thirty  other  citizens  of  Braintree.  He  was  of  good  repu- 
tation, had  been  in  positions  of  trust  where  he  had  free 
access  to  large  amounts  of  property,  and  was  convicted  on 


Special  Messages,  527 

slight  evidence.  District-attorney  doubted  his  guilt,  and 
strongly  recommended  his  release. 

No.  36.  Cheistie  Degan.  Convicted  of  larceny ; 
Municipal  Court,  Boston,  January,  1873.  Sentenced  to 
one  year  in  the  house  of  correction.  Pardon  granted  Oc- 
tober 31,  1873,  on  petition  of  his  father.  He  was  a  lad  but 
sixteen  years  of  age,  against  whom  no  other  complaint  had 
ever  been  made,  and  who  ought  to  have  been  taken  before 
a  court  for  juveniles.  Council  thought  a  little  leniency 
might  aid  the  purpose  of  friends  to  keep  him  in  honest 
ways  hereafter. 

No.  37.  Edwix  C.  McGuiee.  Convicted  of  man- 
slaughter :  Supreme  Judicial  Court,  February  term,  1868. 
Sentenced  to  seven  years  in  state  prison.  Pardon  granted 
November  15,  1873,  on  petition  of  his  family,  endorsed  by 
over  two  hundred  and  lifty  citizens  of  Maine,  who  knew 
him.  Had  been  in  prison  hospital  much  of  the  time  for 
two  years.  Physician  certified  that  he  had  consumption, 
and  oould  live  but  few  months.  Was  taken  to  Maine  as 
soon  as  released. 

No.  38.  Henry  Stacy  and  Erastus  McIxtosh.  Con- 
victed of  being  accessory  to  the  stealing  of  property  from 
cars  of  Cheshire  Railroad  Company :  Police  Court,  Fitch- 
burg,  August  5,  1873.  Sentenced  to  four  months  in  house 
of  correction.  Pardon  granted  November  15,  1873,  on 
earnest  petition  of  president  and  superintendent  of  the 
Cheshire  Road,  who  believed  that  this  clemency  of  three 
weeks  would  save  them  from  becoming  persistent  criminals, 
and  tend  to  make  them  good  citizens. 

No.  39.  Charles  Johnsox.  Convicted  of  assault : 
Superior  Court,  Suflblk  County,  j\Iay,  1873.  Sentenced 
to  ten  months  in  house  of  correction.  Pardon  granted 
November  21,  1873.  Transferred  to  Taunton  Insane  Hos- 
pital within  a  month  after  conviction,  and  pardoned  that 
friends  might  take  him  to  New  York  for  medical  and  sur- 
gical treatment. 

No.  40.  Charles  S.  Harmox.  Convicted  of  larceny 
and  embezzlement :  Municipal  Court,  Boston,  September 
20,  1873.  Sentenced  to  three  mouths  in  house  of  correc- 
tion. Pardon  granted  November  21,  1873,  on  petition  of 
his  fjither.  New  evidence  showed  conclusively  that  there 
was  no  larceny,  and  caused  doul)t  as  to  whether  any  em- 
bezzlement was  intended.  Pardon  recommended  by  com- 
plainants and  the  judge  who  imposed  sentence. 


528  Special  Messages. 

No.  41.  Neil  Lafferty.  Convicted  of  robbino;  two 
stores  :  Superior  Court,  Suffolk  County,  September,  1870. 
Sentenced  to  seven  years  in  state  prison.  Pardon  granted 
November  25,  1873,  on  petition  of  his  mother,  solely  be- 
cause he  had  become  totally  blind  and  entirely  helpless 
while  in  prison.  He  had  a  good  home,  to  which  he  was 
taken. 

No.  42.  Anthony  Baker.  Convicted  of  felonious  as- 
sault :  Superior  Court,  Franklin  County,  March  1869. 
Sentenced  to  ten  years  in  state  prison.  Pardon  granted 
November  25,  1873.  Petitioned  for  by  Hon.  S.  O.  Lamb, 
William  Keith,  C.  C.  Conaut,  W.  T.  Davis,  Bela  Kellogg, 
A.  Brainard,  and  forty  other  prominent  citizens  of  Green- 
field, including  the  person  on  whom  the  assault  was  com- 
mitted, who  felt  that  Baker  had  lieen  sufficiently  punished 
for  his  part  in  this  crime.  He  was  in  prison  hospital  much 
of  the  time  for  two  years,  and  physicians  certitied  that  he 
had  consumption,  with  fistula  of  serious  character,  and 
could  probably  live  but  few  months. 

No.  43.  August  Carriere.  Convicted  of  obtaining 
money  by  false  pretences  :  Superior  Court,  Suffolk  County, 
November,  1870.  Sentenced  to  six  years  in  state  prison. 
Pardon  granted  for  Thanksgiving  day.  Petitioned  for  by 
Hon.  N.  P.  Banks,  Rev.  E.  E.  Hale,  W.  W.  Clapp,  M.  M. 
Ballou,  and  other  citizens  of  Boston,  as  well  as  Madame 
Villa verde  and  other  Cubans  in  New  York.  Pardoned  be- 
cause at  one  time  he  made  known  to  the  officers  of  the 
prison  a  plot  to  murder  one  of  them,  and  at  another  time 
gave  information  of  a  conspiracy  to  create  disturbance  in 
prison. 

No.  44.  Aaron  White.  Convicted  of  rape  :  Superior 
Court,  Hampshire  County,  June,  1870.  Sentenced  to 
state  prison  for  life.  Pardon  granted  for  Thanksgiving 
day,  because  he  interfered  to  save  the  life  of  the  warden 
of  the  prison  when  he  was  assaulted  in  August  last. 

No.  45.  Joseph  Miller.  Convicted  of  larceny  in  a 
building:  Superior  Court,  Essex  County,  October  18, 
1872.  Sentenced  to  two  years  in  house  of  correction. 
Pardon  granted  November  29,  1873,  on  petition  of  mayor 
and  twenty  other  citizens  of  Lawrence.  Prisoner  was  a 
German,  imperfectly  acquainted  with  our  language  and 
laws,  and  plead  guilty  without  understanding  the  effect  of 
his  plea.  He  was  accessory  to  the  larceny,  but  derived 
no  benefit  from  it.     District-attorney  recommended  pardon 


Special  Messages.  529 

after  one  year's  imprisonment.  Physicians  in  charge  cer- 
tified that  he  had  heart  disease,  and  release  was  necessary 
to  even  fair  degree  of  health,  if  not  to  save  his  life. 

No.  46.  Achilles  D.  Leonardo.  Convicted  of  sodo- 
my :  Superior  Court,  Suffolk  County,  May,  1872.  Sen- 
tenced to  ten  years  in  state  prison.  Pardon  granted  De- 
cember 9,  1873.  Prisoner  was  born  and  bred  in  Turkey, 
where  sodomy  is  extensively  practised,  had  been  but  few 
weeks  in  this  country,  was  entirely  ignorant  of  our  lan- 
guage and  our  customs,  had  no  counsel  or  acquaintances 
present  at  his  trial,  and  alleged  that  the  interpreter  as- 
signed him  was  utterly  incompetent.  He  asserted  his  in- 
nocence while  in  prison,  and  many  persons  had  grave 
doubts  as  to  his  guilt.  He  sailed  for  Europe  and  his 
former  home  five  hours  after  being  released  from  prison. 

No.  47.  John  Stevenson.  Convicted  of  embezzling 
cloth  from  his  employers  :  Superior  Court,  Sufiblk  Coun- 
ty, March  11,  1873.  Sentenced  to  eighteen  months  in 
house  of  correction.  Pardon  granted,  December  15,  1873, 
at  expiration  of  half  of  his  sentence,  on  petition  of  his 
employers,  endorsed  by  Hon.  Robert  Johnson,  Hon.  F. 
W.  Jacobs,  Hon.  Julius  K.  Banister,  Martin  Griffin,  M. 
J.  Flatley,  and  others.  Prisoner  had  always  been  con- 
sidered an  honest  man,  and  the  crime  was  committed 
while  he  was  drunk.  Some  of  petitioners  promised  to 
watch  over  him,  and  old  employers  gave  him  work  at 
once. 

No.  48.  "\YiLLL\M  Tracy.  Convicted  of  receiving 
stolen  goods  :  Superior  Court,  Suffolk  County,  February, 
1873.  Sentenced  to  two  years  in  South  Boston  house  of 
correction.  Pardoned  for  Christmas  in  accordance  with 
the  usual  custom,  on  recommendation  of  master  of  the 
house  of  correction  and  the  directors  of  public  institu- 
tions, because  of  his  uniform  good  conduct  as  a  prisoner. 

No.  49.  Michael  Kilroy.  Convicted  of  assaulting 
an  officer:  Superior  Court,  Suffolk  County,  September  7, 
1873.  Sentenced  to  six  months  in  house  of  correction. 
Pardon  granted  December  23,  1873,  on  petition  of  firm 
by  whom  he  had  been  employed  for  twelve  years,  endorsed 
by  city  marshal  of  Chelsea  and  the  officer  assaulted.  He 
had  always  borne  good  character,  and  committed  this 
offence  when  drunk.  His  wife  died  two  days  before  he 
was  pardoned,  leaving  three  children  under  twelve  years 
of  age,  with  no  one  to  take  care  of  them. 

67 


»30  "         Special  Messages. 

[To  the  Senate,  January  15.] 

Herewith,  for  the  information  and  use  of  the  General 
Court,  I  have  the  honor  to  transmit  the  last  Annual  Re- 
port of  the  Trustees  of  the  Massachusetts  Agricultural 
College,  with  accompanying  documents. 

[To  the  House  of  Representatives,  January  15.] 
I  have  the  honor  herewith  to  transmit  for  the  use  of  the 
General  Court,  the  Annual  Reports  for  1873,  of  the  Sur- 
geon-General of  the  Commonwealth,  the  Commissioners 
of  Inland  Fisheries,  and  the  Board  of  Police  Commis- 
sioners. 

[To  the  House  of  Representatives,  January  20.] 

I  have  the  honor  herewith  to  lay  before  the  General 
Court  a  Report  of  Surveys  and  Investigations  relative  to 
the  Troy  and  Greenfield  Railroad,  made  by  Edward  S. 
Philbrick,  Civil  Engineer,  under  instructions  from  the 
Governor  and  Council,  given  in  pursuance  of  chapter  346, 
Acts  of  1873. 

[To  the  Senate  and  House  of  Representatives,  February  6.] 

I  respectfully  call  attention  to  the  fact  that  the  vacancy 
in  the  Board  of  Trustees  of  the  Museum  of  Comparative 
Zoology,  caused  by  the  death  of  Louis  Agassiz,  must, 
according  to  section  3,  chapter  208,  Acts  of  1859,  be 
filled  b}^  a  concurrent  vote  of  the  Senate  and  House  of 
Representatives ;  and  in  compliance  with  the  desire  of 
said  Board,  as  expressed  by  a  vote  at  the  last  meeting 
thereof,  I  have  the  honor  to  request  that  this  vacancy  may 
^  be  filled  at  the  earliest  convenience  of  the  General  Court. 

[To  the  Senate  and  House  of  Representatives,  February  6.] 

Herewith  I  have  the  honor  to  lay  before  the  legislature 
the  reports  of  Hon.  Charles  Francis  Adams,  Jr.,  Hon. 
Horatio  G.  Knight,  and  Hamilton  A.  Hill,  Esq.,  members 
of  the  Commission  from  this  Commonwealth  to  the  Vienna 
Exposition,  appointed  under  the  Resolve  of  last  March. 

[To  the  Senate,  February  19.] 

At  the  request  of  the  Honorable  William  A.  Richard- 
son, Secretary  of  the  Treasury,  I  have  the  honor  to  call 
the  attention  of  the  General  Court  to  the  question,  whether 
any  further  legislation  is  necessary  to  secure  the  rights  of 
the  General  Government  with  respect  to  submarine  sites 
for  light-houses  and  other  aids  to  navigation,  where  the 


Special  Messages.  531 

land  under  water  is  owned  by  this  Commonwealth.  The 
communication  from  the  Secretary  in  regard  to  this  mat- 
ter is  herewith  enclosed  for  the  information  of  the  legisla- 
ture. 

[To  the  House  of  Representatives,  Februarj-  23.] 

For  the  information  and  use  of  the  General  Court,  I 
have  the  honor,  herewith,  to  transmit  the  Annual  Report 
of  the  Adjutant-General  of  the  Commonwealth  for  the 
year  ending  on  the  thirty-first  of  December  last. 

[To  the  House  of  Representatives,  February  23.] 

I  have  the  honor  herewith  to  lay  before  the  General 
Court  the  last  Annual  Report  of  the  Commissioner  of  the 
Mystic  River  Corporation. 

[To  the  House  of  Representatives,  February  28.] 

In  compliance  with  the  request  of  the  House  of  Repre- 
sentatives, I  have  the  honor,  herewith,  to  furnish  the  legis- 
lature with  a  copy  of  the  Report  of  the  Liquor  Commis- 
sioner for  the  year  ending  on  the  first  of  October  last. 

[To  the  Senate  and  House  of  Representatives,  March  12.] 

It  becomes  my  painful  duty  to  announce  to  you  the 
death  of  our  senior  member  in  the  United  States  Senate. 
Yesterday  afternoon,  at  ten  minutes  before  three  o'clock, 
in  his  own  rooms  at  Washington,  at  the  age  of  sixty- 
three  years,  Charles  Sumner  departed  this  life. 

Eighteen  years  ago  he  was  struck  down  at  his  place  in 
the  vanguard  of  freedom,  and  from  that  terrible  wound, 
nigh  unto  death,  he  never  fully  recovered,  though  he 
struggled  against  its  effects  with  all  the  forces  of  his 
nature,  and  was  aided  by  the  best  efibrts  of  medical 
science.  But  he  had  regained  such  a  measure  of  health 
and  strength,  that  of  late  his  intimate  friends  and  asso- 
ciates were  encouraged  to  hope  he  might  be  spared  to 
us  for  some  years  longer.  The  shock  of  his  death  comes 
upon  us  suddenly,  and  when  least  expected.  The  last 
enemy  of  man  has  finally  triumphed,  and  our  great 
orator,  scholar,  statesman,  philanthropist, — the  champion 
of  universal  freedom  and  the  equal  rights  of  man, — 
after  a  life  of  labor  and  usefulness,  has  fallen  under 
the  burden  of  disease  long  and  heroically  borne. 

Of  him,  as  much  as  of  any  man  of  his  time,  it  may  be 
said,  that  he  lived  not  for  himself  or  his  kindred.  A 
special  representative  of  this  State,  his    Commonwealth 


532  Special  Messages. 

was  the  whole  country.  For  years  one  of  the  most 
prominent  and  influential  citizens  of  the  United  States, 
he  was  recognized  by  the  civilized  world  as  one  of  the 
foremost  advocates  of  struggling  humanity.  Thus  ac- 
knowledged at  home  and  abroad,  his  death  will  be 
deeply  and  sincerely  mourned,  not  alone  by  his  State 
and  this  nation,  but  by  every  people  and  country 
reaching  out  for  a  higher  and  freer  life. 

Twenty-three  years  ago  this  spring  he  was  elected 
to  the  United  States  Senate,  and  at  the  time  of  his 
death  he  was  the  senior  member  of  that  body  in  length 
of  consecutive  service.  His  devotion  to  the  duties  of 
his  place  was  an  example  worthy  of  general  commen- 
dation. He  rarely  allowed  personal  considerations  of 
any  kind  to  interfere  with  his  public  obligations.  Had 
he  not  been  blessed  with  an  iron  constitution  he  must 
long  ago  have  succumbed  to  the  weight  of  his  labors. 
Devoted  to  many  phases  of  one  comprehensive  cause, — 
the  advancement  of  man, — throwing  himself  with  great 
energy  [fnd  power  into  whatever  work  he  undertook, 
it  was  given  him  to  see  a  noble  triumph  of  that  for 
which  he  aspired  and  wrought.  Thousands  and  thou- 
sands of  men  and  women  find  the  way  of  life  easier 
and  brighter  because  of  him,  and  in  almost  every  town 
and  village  of  the  country,  there  will  be  praises  of 
honor  to  his  name. 

During  his  long  period  of  service  some  mistakes  he 
doubtless  made,  for  despite  his  great  learning  and  in- 
tellectual grasp  he  somewhat  lacked  the  every -day 
wisdom  frequently  given  to  those  much  his  inferiors. 
But  this  was  in  no  sense  to  his  discredit  as  a  man. 
His  aims  were  high,  his  purposes  were  pure.  His 
voice  was  that  of  an  honest  man,  his  endeavors  were 
those  of  an  upright  statesman.  His  moral  integrity 
stands  out  as  a  sublime  figure  in  these  later  years. 
While  the  atmosphere  around  him  was  foul  with  cor- 
ruption, no  stain  of  suspicion  ever  fell  upon  him. 
However  other  public  servants  prostituted  their  posi- 
tions for  selfish  ends,  we  all  felt  sure  that  Charles 
Sumner  would  not  be  smirched  by  any  disclosures 
or  investigations.  This  single  fact  alone  is  enough 
to  crown  him  with  glory. 

Gentlemen,  you  must  have  unspeakable  satisfaction 
at  this  hour  in  your  recent  action  on  the  matter  rela- 


Special  Messages.  533 

tive  to  the  army  register  and  national  battle-flags. 
It  was  communicated  to  Mr.  Sumner  while  he  was  in 
the  full  possession  of  all  his  faculties,  and  we  may  well 
believe  that  he  rejoiced  in  this  vindication  by  the  con- 
stituents whom  he  had  so  long  and  so  faithfully  served. 
I  thank  you  for  giving  me  the  pleasure  of  transmitting 
to  him,  by  the  hands  of  one  whom  he  honored,  a  rep- 
resentative of  those  for  whom  he  had  so  heroically 
struoo;led,  this  fresh  token  of  the  refi^ard  in  which  he 
was  held  by  the  people  of  this  Commonwealth. 

It  was  his  desire,  often  expressed,  that  he  might  fall, 
when  ftiU  he  must,  while  at  the  post  of  duty.  His 
wishes  in  this  respect  were  gratified.  The  day  before 
his  death  he  was  at  the  Senate  Chamber  attending  to 
oflicial  business  as  our  agent  and  servant ;  and  one  of 
his  last  utterances,  when  in  the  very  arms  of  death, 
was  a  request  to  an  intimate  friend  to  take  care  of  the  civil 
rights  bill,  the  passage  of  which  he  had  much  at  heart. 
Thus  he  went  out  from  among  us,  with  his  last  moment 
of  consciousness  still  pleading,  as  he  so  often  and  so  elo- 
quently plead  through  many  years  of  vigorous  man- 
hood,  for  the  down-trodden  and  oppressed. 

The  great  Senator  has  fallen,  and  we  shall  see  him 
no  more  on  earth.  Being  dead  he  yet  speaketh — by 
the  hopes  he  inspired,  the  works  he  accomplished  and 
the  recollection  of  his  virtues.  In  a  few  days  his  mor- 
tal remains  will  be  laid  away  in  the  grave.  Be  it  ours 
to  guard  most  tenderly  the  memory  he  hath  left  to  us, 
and  approve  ourselves  the  fit  constituents  of  Chakles 
Sumner. 

[To  the  Senate  and  House  of  Representatives,  March  24.] 
I  am  officially  advised  that  at  a  recent  meeting  of  the 
Executive  Committee  of  the  Boston  Board  of  Trade  a  re- 
solve was  adopted  requesting  me  to  recommend  to  your 
honorable  bodies  "  that  the  necessary  legislation  for  the 
taking  of  the  census  of  the  State  in  1875  be  had  at  the 
present  session  of  the  Legislature,  with  a  view  to  making 
that  census  a  perfect  exhibit  of  the  vital  statistics,  industry 
and  wealth  of  the  State."  With  respect  to  the  question 
thus  presented  I  have  to  say,  that  if  the  census  of  1875  is 
to  be  taken  as  others  have  been,  it  may  not  be  necessary 
to  act  on  the  subject  till  the  next  General  Court.  But  if 
we  would  avail  ourselves  of  improved  methods  and  the 


534  Special  Messages. 

advances  of  statistical  science,  then  it  would  seem  neces- 
sary to  legislate  in  reference  to  the  matter  during  the 
present  session.  While  the  figures  of  the  last  United 
States  Census  are  as  accurate  as  we  had  reason  to  expect 
they  would  be,  yet  had  the  superintendent  been  able  to 
secure  such  alterations  as  he  deemed  advisable  in  the  law 
under  which  he  acted,  it  is  believed  that  much  greater 
accuracy  of  results  would  have  been  attained  at  a  material 
reduction  of  expense.  That  these  changes  of  statute  were 
not  secured  was  in  part  due  to  the  fact  that  the  considera- 
tion of  the  subject  was  entered  upon  at  too  late  a  period 
prior  to  the  time  when  it  was  necessary  to  begin  work. 
This  mistake  of  undue  delay  in  providing  for  what  must 
be  done,  is  one  that  the  Commonwealth  should  not  com- 
mit. Next  year  marks  a  most  interesting  epoch  in  the 
history  of  Massachusetts — the  hundred  years  since  we 
undertook  to  manao^e  our  own  affairs  and  govern  ourselves. 
It  appears  specially  advisable  to  obtain  then  as  full  and 
exact  a  transcript  as  possible  of  our  condition.  If  any 
changes  in  the  machinery  heretofore  used  are  necessary  to 
this  end,  they  ought  to  be  made  in  such  season  that  we 
can  profit  thereby.  Between  our  last  State  census  and 
the  last  National  census  very  serious  discrepancies  exist 
upon  points  of  grave  importance.  Some  of  these,  at  least, 
might  be  reconciled  by  a  new  census,  properly  taken. 
Moreover,  between  different  branches  of  the  State  govern- 
ment are  disagreements  that  prevent  intelligent  legislative 
action  on  matters  of  the  highest  consequence  to  our  well- 
being  as  a  community.  Thus  the  Board  of  Education  and 
the  Labor  Bureau  differ  by  many  thousands  in  their  esti- 
mates as  to  the  number  of  children  in  the  Commonwealth 
who  do  not  attend  school  at  all.  This  is  but  one  of  the 
many  questions  in  regard  to.  which  we  ought  to  have  pre- 
•  cision  of  answer,  if  that  is  attainable.     Furthermore,  we 

are  in  pressing  need  of  more  definite  information  than  we 
now  have  about  the  relations  of  labor  and  capital — not  a 
partial  or  one-sided  view,  but  a  true  picture  of  the  real 
condition  of  the  laboring  classes.  With  wise  legislation, 
and  at  trifling  expense,  statistics  may  be  gathered  that 
will  settle  many  of  the  points  at  issue  respecting  the  sit- 
uation of  things  in  the  State,  and,  what  is  of  much  greater 
concern,  furnish  trustworthy  data  on  which  to  base  future 
action  for  the  welfare  of  our  people.  Deeply  impressed 
with  the  importance  of  this  subject,  I  commend  it  to  your 


Special  Messages.  535 

careful  coDsideration,  with  the  assurance  that  I  shall  be 
glad  to  cooperate  in  the  endeavor  to  frame  a  statute  under 
which  the  census  of  1875  can  be  taken  in  a  manner  that 
will  be  creditable  to  the  Commonwealth. 

[To  the  Senate  and  House  of  Representatives,  April  30.] 

I  am  advised  that  the  legislature  has  duly  elected  me 
a  senator  in  the  congress  of  the  United  States  to  fill 
the  vacancy  caused  by  the  death  of  Charles  Sumner. 
This  trust  came  to  me  so  suddenly  and  so  unexpectedly 
that  I  have  been  at  no  little  loss  to  know  what  my  duty 
in  the  premises  might  be.  Were  I  to  decide  the  question 
solely  on  personal  grounds  I  should  continue  in  the  posi- 
tion I  now  occupy.  I  feel  most  deeply  the  great  respon- 
sibilities of  the  senatorial  oifice  —  exceptionally  great  in 
the  present  instance  because  of  the  standing  and  character 
of  him  whom  I  succeed.  I  know  full  well  that  I  have 
already  received  at  the  hands  of  my  fellow  citizens  higher 
honors  than  I  merit,  and  I  am  profoundly  conscious  that 
other  men  would  discharge  this  new  duty  with  more  than 
my  ability.  But  the  situation  compels  me  to  a  wider 
view  of  the  issue  and  a  decision  on  other  than  selfish  con- 
siderations. I,  therefore,  resign  the  office  of  governor 
and  accept  that  which  you  have  conferred  upon  me.  I 
shall  assume  the  obligations  thereof  with  a  determination  • 
to  let  no  personal  interest  stand  in  the  way  of  the  inter- 
ests of  the  people  who  have  given  me  this  further  pledge 
of  their  regard.  To  you,  as  their  immediate  representa- 
tives, I  beg  to  present  my  grateful  thanks.  In  the  sphere 
of  honorable  activity  and  responsibility  to  which  you  have 
called  me,  it  will  be  my  ambition  to  so  bear  myself  that 
neither  you  nor  the  Commonwealth  may  regret  your 
action. 


THE  FOLLOWING  SPECIAL  COMMUNICATIONS  WERE  MADE  BY 
HIS  HONOR,  THE  LIEUTENANT-GOVERNOR,  TO  THE  LEGISLA- 
TURE DURING  THE  ANNUAL  SESSION. 

[To  the  Senate  and  House  of  Representatives,  May  19.] 

Herewith  I  have  the  honor  to  enclose  certain  Resolves 
of  the  General  Assembly  of  Connecticut,  this  day  re- 
ceived by  telegraph  from  His  Excellency  Charles  R. 
Insrersoll,  srovernor  cf  that  Commonwealth.  His  Excel- 
lency  advises  me  that  these  Resolves,  in  expression  of  the 
sympathy  of  the  people  of  Connecticut  with  the  sufferers 


536  Special  Messages. 

by  the  recent  calamity  in  the  valley  of  Mill  River,  were 
adopted  by  a  unanimous  vote.  He  also  advises  me  that 
be  will  at  once  send  a  committee  to  the  locality  of  the  dis- 
aster for  the  purpose  of  carrying  into  eflect  the  vote  of 
the  General  Assembly,  and  in  behalf  of  his  Commonwealth 
he  cordially  tenders  any  further  assistance  it  may  have  in 
its  power  to  bestow.  This  expression  of  sympathy  on 
the  part  of  the  legislature  of  Connecticut,  so  feelingly 
communicated  by  Governor  IngersoU,  is  at  once  so  unex- 
pected and  so  touchiiigly  generous  that  it  must  afl'ect  our 
people  most  deeply.  We  cannot  doubt  that  it  will  carry 
gladness  to  the  hearts  of  hundreds  who  are  bowed  down 
with  grief,  and  strengthen  the  ties  whereby  we  are  bound 
to  our  sister  State.  That  our  emotion  and  our  gratitude 
may  be  fitly  embodied,  I  communicate  the  Resolves  for  the 
response  of  the  General  Court. 


[To  the  Senate,  June  2.] 

Herewith  to  the  Senate,  in  which  it  originated,  I  return 
the  bill  entitled  "An  Act  to  enable  the  Governor  of  the 
Commonwealth  to  preserve  the  Public  Peace  and  enforce 
the  Laws."  Suddenly  called  to  the  performance  of  duties 
that  I  did  not  in  the  least  anticipate  when  elected  to  the 
office  of  Lieutenant-Governor,  I  feel  that  I  ought  to 
waive  minor  objections  to  legislative  enactments  for  the 
sake  of  agreement  with  the  General  Court,  expressly 
chosen  to  make  laws.  But  my  objections  to  this  bill  are 
so  decided  that  I  must  decline  to  give  it  my  approval. 

In  direct  terms  it  is  an  Act  to  abolish  the  State  Police, 
and  empower  the  Governor  to  take  command  of  the  muui- 
cij)al  police  in  certain  emergencies,  which  emergencies  it 
is  assumed  may  follow  upon  the  overthrow  of  the  State 
Police.  This  force  was  created  nine  years  ago.  To  its 
value  and  importance  as  an  arm  of  the  public  service, 
each  and  every  occupant  of  the  executive  office  since  it 
was  established  has  borne  testimony.  No  unprejudiced 
citizen  capable  of  forming  a  sound  judgment  will  deny 
that  it  has  been  of  great  benefit  in  maintaining  order  and 
enforcing  our  criminal  laws.  And  the  first  section  of  the 
Act  herewith  returned,  impliedly  admits  the  necessity  for 
such  power  as  the  Executive  now  exercises  through  the 
medium  of  this  force.  On  the  assumption  that  this  power 
is  wisely  lodged  in  the  hands  of  the  Executive,  I  am  not 


Special  Messages.  537 

able  to  see  that  any  good  end  is  subserved  by  abolishing 
the  constabulary. 

From  the  nature  of  the  case,  only  the  cities  and  a  few 
of  the  larger  towns  of  the  Commonwealth  can  have  and 
sustain  a  trained  and  disciplined  police.  Moreover,  these 
are  purely  local  in  their  appointment  and  the  scope  of 
their  authority,  and  cannot  be  transferred  for  duty  in 
places  other  than  those  to  which  they  belong.  The  neces- 
sity for  a  police  whose  jurisdiction  is  not  limited  b}^  cor- 
porate or  county  lines,  and  whose  power  is  commensurate 
with  the  lawful  discretion  of  the  Executive,  need  not  now 
be  argued.  It  is  all  but  universally  conceded  by  our  peo- 
ple. Every  member  of  your  honorable  body  must  be 
aware  that  the  services  of  the  State  Police  are  in  constant 
demand  for  duty  of  the  highest  and  most  important  char- 
acter. Their  presence  is  called  for  in  all  sections  of  the 
Commonwealth,  wlien  the  good  order  of  communities  is 
imperilled,  when  the  safety  of  property  is  in  serious  jeop- 
ardy, when  there  are  great  gatherings  of  any  sort.  I 
have  never  heard  that  they  were  not  useful  on  such  occa- 
sions ;  nay,  the  universal  testimony  has  been  that  they 
are  exceedingly  valuable. 

By  the  terms  of  the  Act  which  brought  it  into  being, 
the  constabulary  is  specially,  but  not  exclusively,  charged 
with  the  enforcement  of  the  law  concerning  the  traffic  in 
intoxicating  liquors.  Is  its  abolition  sought  because  it 
enforces  this  law  too  much?  Surely  this  cannot  be  true. 
Such  an  admission  would  be  equivalent  to  a  charge  that 
the  makers  of  the  prohibitory  law  trifled  with  public  mor- 
ality in  its  enactment.  Why  does  it  remain  upon  our 
statute  books  if  not  for  enforcement  to  the  best  of  our 
ability  ?  Perhaps  it  will  be  said  that  the  constabulary  is 
abolished  because  it  enforces  the  prohibitory  law  too  little. 
But  is  this  a  valid  reason  for  sweeping  it  out  of  existence  ? 
Ouo;ht  we  not  the  rather  to  devise  means  for  makino-  it 
more  efficient?  If  the  combined  eiForts  of  our  State 
Police  and  our  Municipal  Police  are  not  equal  to  so 
thorough  an  enforcement  of  this  law  as  is  desired,  shall 
we  gain  anything  by  abolishing  the  State  Police  and  re- 
mitting its  enforcement  to  the  Municipal  Police  alone? 

Desirous  as  we  all  are  that  order  and  morality  and  vir- 
tue may  be  promoted  in  our  Commonwealth,  and  believing 
as  I  do  that  on  the  whole  we  are  making  progress  toward 
good  ends,  I  am  not  able  to  see  that  we  can  yet  dispense 

68 


538  Special  Messages. 

with  any  of  the  agencies  calculated  to  conserve  these  ends. 
We  are  still  under  the  painful  necessity  of  maintaining 
penal  and  reformatory  institutions,  and  that  vacant  rooms 
may  be  found  in  them  is  not  because  we  are  without  crim- 
inals. Why  should  we  throw  away  so  valuable  a  weapon 
as  the  state  police  has  proved  to  be  in  the  conflict  against 
crime?  In  my  judgment,  the  continuance  of  the  force  is 
advisable,  whatever  liquor  law  we  have  upon  our  statute 
books.  Furthermore,  its  continuance,  without  decrease 
of  power  in  any  direction,  seems  to  me  of  the  highest  im- 
portance on  grounds  wholly  irrespective  of  the  liquor  ques- 
tion ;  and  I  am  not  aware  that  any  considerable  portion  of 
our  law-abiding  citizens  have  manifested  a  desire  to  divest 
the  executive  department  of  the  power  "to  preserve  the 
public  peace  and  enforce  the  laws  "  that  it  has  been  accus- 
tomed to  exercise  through  the  constabulary  office. 

A  minor  and  yet  a  very  serious  objection  to  the  bill 
under  consideration  lies  in  the  fact  that  it  is  to  take  effect 
upon  its  passage.  No  provision  whatever  is  made  for 
closing  up  the  business  now  in  the  hands  of  the  members 
of  the  force  that  ceases  to  exist  from  the  moment  the  Act 
becomes  a  law.  The  absence  of  such  provision  might 
almost  justify  the  Executive  in  withholding  his  signature 
from  the  bill,  even  if  he  had  no  other  reason  for  so  doing. 
Furthermore,  there  is  no  provision  relative  to  cases  brought 
by  the  constabulary  and  now  pending  in  court,  no  pro- 
vision for  the  disposition  of  property  seized  and  held 
under  legal  process,  and  no  provision  for  the  care  and 
custody  of  the  records  and  other  property  of  the  Common- 
wealth in  the  possession  of  the  force.  These  are  certainly 
grave  defects  in  a  measure  calculated  to  overthrow  a  policy 
of  such  duration  and  importance  as  that  of  the  state  con- 
stabulary ;  and  the  new  policy  proposed  by  this  bill  could 
not  be  either  wisely  or  properly  inaugurated  without  care- 
ful attention  to  these  points. 

The  state  police  being  discontinued  by  the  second  sec- 
tion of  the  bill,  it  remains  to  inquire  what  power  is  given 
the  Governor  "to  preserve  the  public  peace  and  enforce 
the  laws "  by  the  first  section.  This  in  terms  authorizes 
him  to  assume  command  of  the  municipal  police  and  con- 
stabulary force  of  any  place  whenever  he  shall  think  proper 
to  do  so.  What  is  the  real  intent  of  the  section?  Does  it 
mean  that  the  Executive  is  empowered  to  order  the  con- 
stables and  police  officers  of  any  town  or  city  to  duty  in 


Special  Messages.  539 

any  other  town  or  city  of  the  Commonwealth  at  his  disere- 
tioQ  for  the  purposes  specified?  This  would  seem  to  be 
the  meaning,  if  the  object  of  the  bill  is  to  give  him  any- 
thing more  than  the  mere  semblance  of  power. 

But  at  common  law  a  constable  is  an  officer  whose  duty 
it  is  to  keep  the  peace  in  the  district  assigned  to  him,  and 
in  this  Commonwealth  constables  have  no  power  outside 
their  respective  municipalities,  except  in  the  conveyance 
of  prisoners  and  property,  and  in  case  of  the  escape  of  a 
party  who  has  committed  a  crime.  Police  officers  have 
all  the  powers  of  constables,  except  in  the  service  of  civil 
process,  but  their  jurisdiction  is  also  limited  to  the  towns 
or  cities  in  which  they  belong.  In  a  few  words,  therefore, 
both  at  common  law  and  by  statute,  all  these  officers  are 
local,  having  no  powers  outside  their  respective  municipal- 
ities, except  for  the  purposes  I  have  mentioned.  The  bill 
before  me  does  not,  either  in  terms  or  by  implication, 
authorize  the  Governor  to  remove  them  from  their  own  to 
a  different  municipality ;  and  if  it  did,  they  would  be 
powerless  Avhen  so  removed,  until  invested  with  office  by 
the  people  or  authorities  of  the  place  to  which  they  were 
taken.  Hence  the  bill  utterly  fails  of  its  purpose  if  it  was 
meant  to  give  the  Executive  powder  to  enforce  the  laws  in 
au}^  place  by  the  services  of  the  municipal  or  constabulary 
force  of  any  other  place. 

Its  utmost  scope  is  to  authorize  him  to  command  their 
assistance,  in  tl^  execution  of  criminal  process,  in  sup- 
pressing riots,  and  in  preserving  the  peace,  within  the 
municipalities  where  they  belong.  How  shall  he  enforce 
his  command?  These  officers  are  in  no  way  responsible 
to  him ;  he  cannot  remove  them  if  they  are  negligent  of 
duty  ;  he  cannot  punish  them  if  they  disobey  his  orders. 
The  power  ostensibly  granted  by  this  first  section  of  the 
bill  will  be  of  no  avail  in  preserving  the  public  peace  and 
enforcing  the  laws  unless  it  can  in  some  way  be  rendered 
effective.  The  police  of  a  city  are  under  the  direct  and 
personal  control  of  their  chief:  is  it  intended  that  the 
Governor  shall  in  person  assume  command  when  he  would 
have  their  assistance  for  the  duty  specified  in  the  bill? 
How  can  he  in  any  other  manner  make  them  effective  in  a 
large  sense?  On  the  most  careful  study  of  the  bill,  I  am 
not  able  to  see  that  it  gives  the  Executive  any  substantial 
power  that  could  be  made  available  for  the  purpose  named 
in  its  title. 


540  Special  Messages. 

I  think  the  Governor  of  the  Commonwealth  ought  to  have 
at  his  command  a  police  force  with  larger  authority  than  is 
possessed  by  the  local  police  and  constabulary.  In  this 
belief  the  occupants  of  the  executive  chair  for  the  past  nine 
years  have  concurred.  I  think  a  large  majority  of  our 
fellow-citizens  are  of  the  same  opinion.  The  bill  before 
me  abolishes  this  police  and  confers  no  power  that  can  be 
made  of  practical  vahie  in  preserving  the  public  peace  and 
enforcing  the  laws.  I  cannot  believe  that  the  best  interests 
of  the  Commonwealth  would  be  subserved  by  putting  it 
into  our  statute  books.  I  am  therefore  compelled  to  with- 
hold my  approval  of  the  same,  and  give  the  legislature  an 
opportunity  to  further  consider  it. 

[To  the  House  of  Representatives,  June  19.] 
In  returning  to  the  Senate  without  my  approval,  on 
the  second  instant,  the  Act  "To  enable  the  Governor  of 
the  Commonwealth  to  preserve  the  Public  Peace  and 
enforce  the  Laws,"  I  pointed  out  what  seemed  to  me 
certain  serious  objections  of  a  secondary  character.  The 
bill  originating  in  the  House  of  Representatives,  entitled 
"An  Act  to  establish  a  State  Detective  Force,"  obviates 
some  of  the  objections  then  noted,  in  that  it  makes  pro- 
vision for  closing  up  the  business  now  in  the  hands  of  the 
state  police,  for  the  disposition  of  property  seized  and 
held  by  that  force  under  legal  process,  and  for  the  care 
and  custody  of  records  and  other  property  of  the  Com- 
monwealth in  the  possession  of  the  constabulary.  It  also 
explicitly  recognizes  the  necessity  of  a  trained  police  force, 
independent  of  local  influences  and  restraints,  subordinate 
only  to  a  central  and  responsible  head,  subject  to  the 
control  of  the  Executive,  and  clothed  with  authority  to 
preserve  the  peace  and  execute  the  laws  in  all  parts  of  the 
Commonwealth. 

So  many  of  its  provisions  substantially  accord  with  my 
own  views,  that  I  have  earnestly  sought  to  approve  the 
bill  "To  establish  a  State  Detective  Force."  But,  on  very 
careful  consideration,  it  fails  to  commend  itself  to  my 
judgment,  nor  can  I  gather  that  it  meets  the  sanction  of 
the  great  body  of  our  thoughtful  and  law-abiding  citizens. 
It  therefore  becomes  my  duty  to  return  it  to  your  honor- 
able body  without  executive  sanction.  In  so  doing,  I 
deem  it  unnecessary  to  repeat  the  reasons,  given  in  my 
recent  message  to  the  Senate,  for  thinking  some  form  of 


Special  Messages.  541 

state  police  a  valuable  and  highly  important  coordinate  of 
the  Executive.  The  measure  before  me  virtually  acknowl- 
edges the  pertinency  and  soundness  of  those  opinions, 
and  I  shall  but  briefly  indicate  the  reasons  why  I  am 
compelled  to  refrain  from  giving  it  my  signature. 

It  repeals  the  Act  of  1871  establishing  the  large  and 
well-organized  state  police  force,  and  provides  in  its  place 
for  the  appointment  of  thirty-one  officers,  to  be  called 
state  detectives.  The  scope  of  the  bill  is  to  give  these 
officers  duties  of  a  twofold  character :  iirst,  they  are  to 
have  and  exercise  all  the  common  law  and  statutory 
powers  of  constables,  except  the  service  of  civil  process, 
and  also  all  the  powers  given  to  police  or  watchmen  by 
the  statutes  of  the  Commonwealth ;  and,  second,  they 
are  to  aid  the  attorney-general,  district  attorneys,  and 
magistrates,  in  procuring  evidence  for  the  detection  of 
crime,  and  in  the  pursuit  of  criminals. 

While  these  two  kinds  of  duty  are,  of  necessity,  some- 
times imposed  upon  the  same  officers,  it  has  been  found 
essential  in  the  practical  working  of  all  police  organiza- 
tions, substantially  to  separate  them,  and  give  to  one  part 
of  the  force  all  those  duties  primarily  related  to  the  pres- 
ervation of  the  peace  and  the  protection  of  society  from 
what  the  laws  broadly  designate  as  minor  offences,  and  to 
another  part  the  more  delicate  and  responsible  duty  of 
tracking:  graver  criminals  and  obtaininor  evidence  neces- 
sary  to  establish  artfully  planned  crime.  For  whichever 
duty  the  Executive  might  wish  to  employ  the  btate  detect- 
ive force,  the  number  authorized  by  this  bill  seems  to  be 
an  unfortunate  one.  For  detective  service  only  it  is 
larger  than  it  need  be.  Though  the  more  open  and  gross 
forms  of  crime,  such  as  the  local  police  and  constabulary 
commonly  deal  with,  are  painfully  frequent  among  us,  for- 
tunately the  more  cunning  and  skilfully  concealed  forms 
are  still  so  infrequent  that  the  Commonwealth  does  not 
require  the  service  of  as  many  special  detectives  as  this 
bill  provides.  But  if,  in  the  discretion  allowed  the  Gov- 
ernor and  Council,  a  smaller  number  be  appointed,  this 
agency  would  then  be  of  little  or  no  avail  for  the  preser- 
vation of  the  peace.  And  if  the  force  created  by  \he  Act 
is  to  labor  in  both  the  fields  of  duty  contemplated  by  the 
second  section,  the  whole  number  authorized  would  be 
quite  too  few  for  such  efficient  service  as  the  people  have 
a  right  to  demand  and  expect. 


542  Special  Messages. 

When  the  state  constabulary  was  established  by  the  Act 
of  nine  years  ago,  a  force  of  thirty-four  men  was  author- 
ized, and  the  experience  of  every  Executive  since  then 
proves  that  this  number  was  insufficient  for  the  required 
duty.  The  service  necessary  at  any  one  of  the  large 
gatherings  in  our  rural  neighborhoods  during  the  holiday 
season,  often  demands  the  presence  of  as  large  a  body  of 
officers  as  this  bill  provides,  and  it  frequently  happens 
that  a  considerable  number  are  simultaneously  called  for 
from  several  different  points  in  the  State.  It  would  be 
utterly  impossible  to  meet  the  urgent  wishes  of  the  peo- 
ple in  this  regard  with  the  force  that  might  be  appointed 
under  the  present  bill.  To  be  sure,  the  tenth  section  pro- 
vides that  it  shall  be  the  duty  of  the  local  police  and  con- 
stabulary to  aid  the  detective  force  in  the  discharge  of 
their  duties  whenever  seasonably  notified  and  called  upon 
for  that  purpose  ;  but  as  no  power  is  given  to  enforce  this 
duty,  nor  any  penalty  provided  in  case  such  aid  should  be 
refused,  the  section  cannot  be  relied  upon  as  furnishing 
a  means  through  which  the  state  force  may  be  strength- 
ened or  rendered  more  efficient. 

I  am  not  aware  that  there  is  any  general  demand  for  the 
abolition  of  the  present  state  police  on  the  part  of  my  fel- 
low-citizens who  respect  the  laws  upon  our  statute  books 
and  wish  to  see  them  enforced.  So  far  as  their  voice 
reaches  me  it  is  for  the  elevation  and  improvement  of  the 
force.  That  there  may  be  inefficient  or  corrupt  men  in  it, 
while  a  thing  to  be  deplored  and  rectified  as  fast  as  pos- 
sible, is  no  more  than  can  be  said  of  every  police  in  the 
civilized  world.  Because  many  kinds  of  vice  flaunt  un- 
blushingly  and  unpunished  in  our  large  cities,  and  officers 
are  occasionally  found  derelict  or  corrupt,  would  it  be 
considered  wise  to  abolish  municipal  police  altogether, 
and  trust  the  safety  and  security  of  these  communities  to 
the  old-foshioned  constabulary,  annually  elected  at  the 
ballot-box  ?  Because  we  cannot  enforce  our  criminal  laws 
with  omniscient  impartiality  against  all  offenders,  shall  we 
cease  to  enforce  them  as  best  we  can  with  the  agencies  at 
our  command? 

Organization,  system,  independence  of  popular  control 
as  far  as  possible,  and  numbers  sufficient  to  insure  respect 
and  command  order,  are  the  recognized  necessities  of 
modern  police,  whether  local  or  state.  Conscious  and 
conscientious  responsibility  in  the  head  of  the  department, 


Special  Messages.  543 

and  vigilant  but  considerate  watchfulness  on  the  part  of 
the  citizens,  will  give  us  the  best  attainable  police.  I 
believe  the  present  state  force  is  steadily  improving  in 
faithfulness,  integrity  and  efficiency.  I  am  satisfied  that 
it  is  the  determination  of  the  commissioners  and  the  chief 
to  rid  it  as  rapidly  as  possible  of  corrupt  and  inefficient 
members,  and  to  seek  by  its  aid  a  uniform  and  consistent 
enforcement  of  all  laws  and  a  faithful  discharge  of  all  du- 
ties intrusted  to  and  imposed  upon  it.  So  far  as  lies  in 
the  power  of  the  Executive,  I  stand  pledged  to  this  course, 
both  by  my  oath  of  office  and  by  the  convictions  of  my 
deliberate  judgment. 

The  provision  in  the  Act  under  consideration  for  the 
disposition  of  property  seized  and  now  held  by  the  state 
police,  seems  to  me  open  to  a,  somewhat  serious  objection. 
By  the  terms  of  section  thirteen,  all  such  property  is  to 
be  delivered  to  the  respective  sheriffs  of  the  counties  in 
which  it  was  seized,  and  they  or  their  deputies  are  to 
complete  all  proceedings  in  relation  thereto.  Changes  of 
this  sort  pending  any  civil  process  are  to  be  deplored.  If, 
however,  they  unavoidably  occur,  would  it  not  be  better 
to  transfer  the  property  in  question  to  hands  as  closely 
allied  and  as  nearly  in  sympathy  with  the  original  author- 
ity as  possible?  In  my  judgment,  the  claims  of  the  law 
to  this  property  would  stand  a  better  chance  to  be  actively 
and  efficiently  promoted  by  its  delivery  to  the  force  repre- 
senting the  same  general,  systemftfcic,  disinterested  power, 
free  from  all  local  influences  and  complications,  as  that 
by  which  process  against  it  was  begun. 

Because,  therefore,  I  think  this  latter  provision  likely 
to  result  in  serious  detriment  to  the  State  in  cases  where 
prosecution  of  offences  against  the  laws  has  already  com- 
menced ;  because  I  believe  there  is  little  demand  for  the 
abolition  of  the  state  police,  except  from  a  class  whose 
interests  and  occupations  are,  through  its  agency,  brought 
into  a  position  of  conflict  with  the  laws ;  but  chiefly  be- 
cause 1  believe  that  the  number  of  officers  proposed  to  be 
substituted  for  the  present  constabulary  will  be  wholly 
inadequate  for  the  service  which  it  is  both  the  prerogative 
and  the  duty  of  the  Executive  to  render,  and  because  by 
reason  of  such  inadequacy  the  safety  and  peace  of  all  good 
citizens  will  be  endangered,  I  withhold  my  approval  of 
this  bill  and  return  it  to  the  House  for  further  consid- 
eration. 


544:  Special  Messages. 


[To  the  House  of  Representatives,  June  27.] 

Gentlemen  : — No  more  important  question  can  be  pre- 
sented to  us  in  the  discharge  of  our  official  duties  than  that 
concerning  the  traffic  in  spirituous  liquors.  The  results 
involved  in  any  decision  that  may  be  made  are  so  moment- 
ous, and  the  consequences  so  grave  and  wide-reaching,  that 
in  discussing  the  issue  we  ought  to  lay  aside  personal  and 
party  considerations  of  every  kind  and  be  influenced  solely 
by  the  obligations  we  owe  to  our  fellow-men  and  the  solemn 
trusts  we  have  taken  upon  ourselves  in  behalf  of  the  Com- 
monwealth. Called  upon  to  consider  the  "Bill  regulating 
the  sale  of  spirituous  or  intoxicating  liquor,"  I  must  act  on 
my  oath  and  my  conscience,  appealing  for  my  justification, 
not  alone  to  the  enlightened  judgment  of  the  people  of 
Massachusetts,  but  to  that  Power  which  is  superior  to  all 
human  authority  and  infallibly  tries  the  hearts  of  men. 

If  we  admit  that  there  may  be  a  use  of  intoxicating 
liquors  so  guarded  and  temperate  that  no  appreciable  evil 
arises  therefrom,  it  is  still  the  unanimous  verdict  of  the 
civilized  world,  supported  by  a  weight  of  evidence  not  to 
be  overthrown,  that  the  use  of  alcoholic  fluids  is  the  cause 
of  much  the  largest  proportion  of  the  crime  and  degrada- 
tion and  misery  falling  to  the  lot  of  man.  Among  good 
citizens  there  is  no  essential  disagreement  on  the  point  that 
the  trafiic  in  such  fluids  must  be  restrained  and  limited  as 
far  as  possible.  Diflference  of  opinion  arises  only  when 
we  consider  whether  it  is  best  to  try  to  regulate  the  sale  of 
these  fluids  or  prohibit  it  altogether.  If  we  adopt  the 
latter  course  we  are  at  least  in  harmony  with  the  methods 
adopted  by  general  consent  toward  other  offences  against 
public  morals, — offences  which  we  must  confess  exist  to  a 
great  extent  among  us  in  spite  of  our  efforts  to  prevent 
them,  and  yet  upon  which  the  law,  so  far  as  its  precept 
goes,  stamps  the  seal  of  prohibition. 

The  history  of  the  struggle  with  the  evils  of  intemper- 
ance is  most  instructive.  The  earliest  attempts  to  check 
the  use  of  intoxicating  liquors  were  in  the  direction  of 
license  and  regulation.  These  attempts  continued  in  this 
Commonwealth  for  more  than  two  hundred  years,  with  a 
constantly  increasing  stringency,  which  can  only  be  ex- 
plained on  the  ground  that  mild  measures  were  found  to 
be  insufficient,  until,  in  1855,  the  experiment  was  deter- 
mined upon  of   adopting    entire  prohibition  as  the  only 


Special  Messages.  545 

logical  and  effective  method  of  dealing  with  the  matter. 
"Without  asserting  that  this  has  proved  so  successful  in 
overcoming  the  evils  it  was  meant  to  remedy,  as  was  hoped 
by  those  who  initiated  and  those  who  sustain  the  prohibi- 
tory policy,  I  am  fully  of  the  opinion  that  more  progress 
has  been  made  toward  the  desired  end  than  was  ever  before 
made  in  the  same  period  under  any  other  system. 

In  considering  what  has  been  accomplished,  we  must  rec- 
ognize the  great  changes  that  have  taken  place  since  this 
system  was  inaugurated.  Our  rural  districts  have  under- 
gone a  gradual  depopulation,  and  large  numbers  of  our 
young  men  have  become  massed  in  cities,  away  from  the 
restraints  of  home  ;  we  have  been  subjected  to  the  demoral- 
izing influences  inseparable  from  civil  war  long  continued  ; 
and  the  necessity  or  pressure  of  business  has  forced  us  into 
a  feverishness  or  restlessness  of  life  tliat  rapidly  wears  and 
wastes.  Exactly  what  the  effect  upon  public  morals  W(nild 
have  been,  had  the  sale  of  intoxicating  liquors,  especially 
in  our  cities,  been  free  and  open  under  color  of  law  during 
the  past  sixteen  or  eighteen  years,  no  one  can  assume  with 
positiveness  to  declare ;  but  I  am  quite  confident  that  no 
Commonweakh  in  which  the  license  system  has  prevailed 
can  point  to  nobler  records  of  achievement  in  material 
interests,  intellectual  pursuits,  or  moral  reforms,  and 
equally  certain  that  we  could  not  have  made  greater  prog- 
ress in  any  good  direction  under  a  law  promotive  of  the 
traffic  in  intoxicating  liquors. 

So  far  as  attempts  have  been  made  to  compromise  the 
two  systems  of  prohibition  and  license,  hy  legalizing  sales 
through  druggists  and  town  agents,  or  by  permitting  the 
unrestricted  sale  of  malt  liquors  and  light  intoxicants,  the 
results  have  been  unsatisfactory.  Abuses  of  the  grossest 
character  were  found  to  creep  in  at  once  where  any  privi- 
leges were  granted,  and  sulisequent  legislatures  have  been 
obliged  to  repeal  what  seemed  to  be  on  the  passage  most 
carefully  guarded  enactments  of  a  restrictive  character. 
Compromise  in  this  regard  that  shall  not  be  abused  in  the 
most  flagrant  manner,  all  experience  with  which  I  am  famil- 
iar proves  to  be  an  impossibility.  If  intemperance  is  not 
our  inexorable  doom,  if  the  poverty  and  wretchedness  and 
crime  brought  on  by  the  use  of  intoxicating  liquors  are  not 
our  inevital)le  heritage,  what  can  we  do  better  than  to  set 
ourselves  iu  unyielding  opposition  to  the  traffic  which 
promotes  them  ! 

69 


546  Special  Messages. 

I  am  aware  that  it  is  said  intemperance  increases  under 
our  prohibitory  law, — that  the  sale  of  intoxicants  is  as 
great  as  it  would  be  under  a  license  law  ;  but  I  call  your 
attention  to  the  absence  here  of  the  flaunting  and  attractive 
bar-rooms  that  spread  their  snares  to  capture  the  thought- 
less and  easily  tempted  in  cities  where  licenses  prevail ; 
to  the  constantly  growing  sense  of  disfavor  with  which  the 
liquor  traffic  is  regarded  by  the  community  generally  ;  and 
to  the  powerful,  systematic  and  unrelenting  activity  of  those 
interested  in  it  to  break  down  the  law  and  the  officers  who 
try  to  enforce  it.  Here  is  evidence  that  the  statute  does 
impose  an  effective  and  crippling  restraint,  from  which 
relief  is  sought  in  the  elastic  and  easily  evaded  provisions 
of  license.  Even  if  some  sincere  friends  of  temperance 
prefer  a  stringent  license  law  to  a  prohibitory  system,  there 
can  be  no  denial  that  the  men  who  have  money  and  busi- 
ness at  stake  in  this  contest,  are  the  most  ardent  and 
urgent  advocates  of  license,  and  I  cannot  doubt  that  they 
understand  themselves  and  calculate  shrewdly  the  advan- 
tage they  will  gain. 

It  is  easy  to  mistake  the  clamor  of  interested  parties 
for  the  voice  of  the  people.  When  I  seek  to  ascertain 
what  the  latter  really  is,  I  recall  that  the  license  law  elabo- 
rated with  so  much  care  in  1868  was  permitted  to  remain 
on  the  statute  books  only  till  the  people  could  next  be 
heard  at  the  ballot-box.  With  the  single  exception  that 
public  bars  are  prohibited,  the  measure  now  under  con- 
sideration is  in  no  essential  point  better,  and  in  some 
respects  I  think  it  less  stringent  than  that  was.  The  noto- 
rious evasions  of  that  law^,  and  the  open  way  in  which  all 
intoxicants  were  then  sold  under  the  protection  of  innhold- 
er's  and  victualler's  licenses,  demonstrated  the  powerlessness 
of  such  enactments  to  protect  the  community  against  the 
evils  of  intemperance.  And  the  pending  l^ill  seems  to  me 
simply  a  prohibitory  measure,  with  exceptions  that  totally 
destroy  its  moral  force  as  an  instrument  for  the  promotion 
of  temperance  and  the  well-being  of  our  people. 

It  is  objected  to  our  present  liquor  law  that  the  enforce- 
ment of  it  is  irregular  and  unequal.  Admitting  this  to  be 
true  for  the  sake  of  argument,  what  assurance  have  we  that 
a  license  law  would  be  more  thoroughly  enforced?  Are 
the  penalties  imposed  any  more  severe?  Are  there  any 
greater  incentives  to  officers  or  citizens  to  do  their  duty? 
The  prohibitory  legislation  of  1855  had  its  origin  in  the 


Special  Messages.  547 

deep-settled  conviction  that  the  license  law  of  that  period 
was  virtually  a  dead-letter.  The  law  of  1868  was  violated 
with  such  open  and  reckless  impunity  that  it  became  a 
mockery  in  the  eyes  of  the  people.  In  our  sister  States 
where  the  license  system  now  prevails  there  is  a  daily 
burden  of  complaint  that  its  penalties  are  defied  and  its 
provisions  evaded  on  every  hand.  Where  is  the  proof  that 
the  local  police  and  magistrates  who  refrain  from  eflbrts  to 
enforce  the  prohibitory  law  would  faithfully  and  ener- 
getically and  persistently  enforce  a  license  law?  It  is  not 
furnished  by  our  experience,  nor  by  the  experience  of  any 
other  Commonwealth. 

Nor  is  the  argument  at  all  conclusive  to  my  mind,  that 
we  should  not  retain  upon  our  statute  books  a  law  that  is 
in  advance  of  public  opinion  on  this  subject.  Law  is,  in 
one  sense,  a  guide-board,  pointing  out  the  course  of  con- 
duct which,  if  followed,  will  secure  the  greatest  degree  of 
good  and  happiness  and  safety  for  all.  Therefore,  it  must 
often  be  largely  ideal  in  its  character,  and,  frequently,  in 
advance  of  the  general  conduct  of  those  subject  to  it,  that 
it  may  be  an  instructor  and  elevator,  as  well  as  a  source  of 
restriction  and  punishment.  To  a  law  committing  the 
Commonwealth  of  Massachusetts  to  a  public  acknowledg- 
ment that  the  sale  of  intoxicating  liquors  as  a  beverage  is 
necessary  and  desirable,  I  cannot,  on  my  conscience,  give 
assent.  It  seems  to  me  that  the  only  safe  and  sound  posi- 
tion for  a  Christian  community  to  take  in  regard  to  this 
matter  is  that  of  absolute  and  unqualified  opposition  to  the 
traffic. 

When  I  think  of  the  victims  to  the  use  of  intoxicating 
liquors  in  every  village  of  the  Commonwealth ;  when  I 
study  the  great  field  over  which  our  board  of  state  charities 
has  supervision  ;  when  I  consider  our  almshouses  and  hos- 
pitals and  homes  for  the  fallen  and  friendless  ;  when  I  look 
into  our  jails  and  workhouses  and  houses  of  correction  and 
the  state  prison ;  and  when  I  try  to  compute  the  loss  and 
charges  upon  all  our  industries,  by  reason  of  imperfect 
labor,  and  the  taxes  for  the  support  of  these  institutions  for 
reformation  and  punishment,  my  judgment  unqualifiedly 
condemns,  and  my  heart  and  my  manhood  rebel  against, 
any  system  that  would  permit  the  great  source  of  all  this 
wrong  and  misery  and  crime  to  exist  by  authority  of  the 
Commonwealth.  My  convictions  against  the  policy  of  such 
a  system  are  too  strong ;  my  desire  for  the  welfare  and 


548  Special  Messages. 

progress  of  the  people  is  too  ardent,  and  my  official 
responsibilities  are  too  solemn  and  resistless,  for  me  to 
hesitate  in  doing  the  duty  laid  upon  me.  I  therefore 
return  the  bill  entitled,  "An  Act  regulating  the  sale  of 
spirituous  or  intoxicating  liquor,"  to  the  House  of  Repre- 
sentatives, in  which  it  originated,  without  executive 
sanction. 


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03        CO 

^   .S 


THE 

CIVIL    GOVERNMENT 

OF  THE 

^ommonfeealtlj  of  Paissarltisdts, 

AND  OFFICERS  IMMEDIATELY  CONNECTED  THEREWITH  FOR 
THE  POLITICAL  YEAR 


EXECUTIVE  DEPARTMENT 


HIS    HONOR 


THOMAS    TALBOT,* 

Lieutenant-Governor. 
BENJAMIN  C.  DEAN,t  Private  Secretary. 


COUNCIL— (By   Districts). 


I.— ALFRED  MACY. 

II.— SETH  TURNER. 

III.— MILO  HILDRETH. 

IV.— RUFUS  S.  FROST. 


v.— DANIEL  H.  STICKNEY. 
VI.— GEORGE  O.  BRASTOW. 
VII.— GEORGE  WHITNEY. 
VIIL— E.  H.  BREWSTER. 


OLIVEK    WARIS^EK, 

Secretary  of  the  Commonwealth. 
BENJAJVIIN  C.  PIPER,  1st  Clerk.  WILLIAM  HARRIS,  2d  Clerk. 

CHARLES    ADAMS,  Jr., 

Treasurer  and  Receiver-Generax. 
DANIEL  H.  ROGERS,  1st  Clerk.  ARTEMAS  HARMON,  2d  Clerk. 

CHARLES    EI^DICOTT, 

Auditor. 
EDWARD  S.  DAVIS,  1st  Clerk.  AUGUSTUS  BROWN,  2d  Clerk. 

CHARLES    R.    TRAIJS^, 

ATTORNEy-GENERAI/. 

WILLIAM  G.  COLBURN,  Assistant  Attorney-General. 

*  His  Excellency  William  B.  Washburn  resigned  April  29. 
f  Vice  Sidney  Andrews,  resigned  June  30. 


LEGISLATIVE  DEPAETMENT. 


GENERAL    COURT. • 

AkRANGED  Es    accordance  "WITH   THE   DISTRICT  REVISION  OF  1866. 


SENATE. 


President— GEORGi:.  B.  LORDs^G. 


jSame  of  Senator. 


Fifst  Suffolk,     . 

Henry  S.  Washburn,  . 

Boston. 

Second  " 

Francis  B.  Hayes, 

Boston. 

Third    " 

Francis  W.  Jacobs,     . 

Boston. 

Fourth  " 

Julius  K  Banister,*    . 

Boston. 

Fifth      " 

Jonathan  A.  Lane, 

Boston. 

Sixth     " 

Hugh  J.  Toland, 

Boston. 

First  Essex, 

Thomas  Tngalls, 

Marblehead. 

Second  " 

George  B.  Loring, 

Salem. 

Third     " 

Horace  C.  Bacon, 

Lawrence. 

Foui-th  " 

Zenas  C.  "Wardwell,    . 

Groveland. 

Fifth      " 

Charles  Fitz, 

Manchester. 

First  Middlesex, 

Andrew  J.  Bailey, 

Charlestown. 

Second      " 

Nathaniel  P.  Banks,   . 

Waltham. 

Third 

Ezra  Parmenter, 

Cambridge. 

Fourth       " 

Walter  X.  Mason, 

Natick. 

Fifth 

Thomas  P.  Hurlbut,    . 

Sudbury. 

*  Deceased  June  2,  vacancy  not  filled. 


566 


Senate. 


nistrict. 

Name  of  Senator. 

Kesidence. 

Sixth  Middlesex, 

Brooks  T.  Batcheller, 

Lexington. 

Seventh      " 

William  F.  Salmon,    . 

Lowell. 

First  "Worcester, 

George  F.  Verry, 

Worcester. 

Second       " 

Jeremiah  Gatchell,     . 

Blackstone. 

Third 

Henry  L.  Bancroft, 

Millbury. 

Fourth 

N.  L.  Johnson,    . 

Dana. 

Fifth 

Amasa  Norcross, 

Fitchburg. 

First  Hampden, 

E.  H.  Lathrop,    . 

Springfield. 

Second       " 

Henry  Fuller, 

Westfield. 

Hampshire, 

Francis  Edson,    . 

Hadley. 

Franklin,.  . 

David  Aiken, 

» 
Greenfield. 

Berkshire, 

Edward  Learned, 

Pittsfield. 

Berksh'e  &Hampsh'e, 

Prentiss  C.  Baird, 

Lee. 

First  Norfolk,    . 

Moody  Merrill,    . 

Boston. 

Second    " 

Charles  H.  French, 

Canton. 

Third       " 

Erastus  P.  Carpenter, 

Foxborough. 

First  Plymouth, 

Tisdale  S.  White, 

Plymouth. 

Second     " 

E.  P.  Reed, 

Abington. 

Norfolk  &  Plymouth, 

Jedediah  Dwelley, 

Hanover. 

First  Bristol, 

W.  C.  Lovering, 

Taunton. 

Second    " 

John  A.  Hawes,  . 

Fairhaven. 

Third      " 

Charles  P.  Stickney,   . 

Fall  River. 

Cape 

Thomas  N.  Stone, 

Wellfleet. 

Island 

Francis  A.  Nye,  . 

Falmouth. 

STEPHEN  N.  GIFFORD,  Clerk. 


ALEXIS  M.  IDE,  Chaplain. 

JOHN  MORISSEY,  Sergeant-at-Arms. 


House  of  Representatives. 


567 


HOUSE   OF    REPRESENTATIYES. 


Speaker— JOHN  E.  SANFORD. 


COUNTY  OF  SUFFOLK. 


District. 

Ward. 

Name  of  Representatiye. 

Besidenc«. 

1st, 

Boston,  Ward  1,      .< 

Andrew  M.  Morton, 
Nathaniel  Seaver,     , 
Daniel  J.  Sweeney,  . 

Boston. 
Boston. 
Boston. 

2d, 

Boston,  Ward  2,      .  I 

Dennis  Bonner, 
Timothy  J.  Dacey,   . 
Patrick  Collins, 

Boston. 
Boston. 
Boston. 

3d, 

Boston,  Ward  3,      .  \ 

Michael  F.  Wells,     . 
George  F.  Kingsley, 
Nathaniel  J.  Rust,    . 

Boston. 
Boston. 
Boston. 

4th, 

Boston,  Ward  4,      .  < 

Charles  Hale,    . 
Alfred  A.  Clatnr,       . 
George  G.  Crocker, . 

Boston. 
Boston. 
Boston, 

oth. 

Boston,  Ward  5,      .  I 

George  A.  Shaw, 
Francis  M.  Hughes, . 
Edward  B.  Rankin,  . 

Boston. 
Boston. 
Boston. 

6th, 

Boston,  Ward  6,      .  i 

Charles  R.  Co  dm  an, 
Frederic  W.  Lincoln, 
William  E.  Perkins, 

Boston. 
Boston. 
Boston. 

7th, 

Boston,  Ward  7,      .  I 

John  E.  Fitzgerald, . 
Thomas  Fitzgerald, . 
Patrick  Barry,  . 

Boston. 
Boston. 
Boston. 

8th, 

Boston,  Ward  8,      .  \ 

Lucius  W.  Knight,    . 
Henry  P.  Shattuck,  . 
Benjamin  Heath, 

Boston. 
Boston. 
Boston. 

9th, 

Boston,  Ward  9,      ./ 

Moses  Kimball, 
William  Frost, . 

Boston. 
Boston. 

10th, 

Boston,  Ward  10,    .  / 

Lyman  Mason, . 
John  J.  McN  utt, 

Boston. 
Boston. 

568 


House  op  Repeesen"tatives. 

COUNTY  OF  SUFFOLK— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

11th, 
12th, 
13th, 

Boston,  Ward  11,    .< 

Boston,  Ward  12,    ./ 

r  Chelsea,  .         .        ."1 
<  Revere,    .         .         .  > 
1^  Winthrop,        .         .  j 

John  Bigelow, . 
Edward  J.  Jones,     . 
Richard  H.  Stearns, . 

Henry  W.  Wilson,    . 
Richard  Pope,  . 

John  W.  Fletcher,    . 
Isaac  Stebbins, 

Boston. 
Boston. 
Boston. 

Boston. 
Boston. 

Chelsea. 
Chelsea. 

COUNTY  OF  ESSEX. 


1st, 
2d, 

3d, 

4th, 

5th, 

Cth, 

7th, 

8th, 

9th, 

10th, 


(Salisbury, 
Amesbury, 
West  Newbury, 

/  Haverhill, 
\  Bradford, 


/  Lawrence, 
\  Methuen, 

f  Andover, 

\  North  Andover, 

(Georgetown, 
Groveland, 
Boxford,  . 

f  Newburyi^oi't, , 
\  Newbury, 

f  Ipswich,  . 
\  Rowley,  . 

/  Gloucester, 
\  Essex, 

Rockport, 

{Beverly,  . 
Manchester, 
Hamilton, 


Henry  D.  Lay, . 
Joseph  M.  Eaton, 

William  E.  Blunt,  . 
James  H.  Carlton,  . 
Laburton  Johnson,  . 

William  S.  Knox, 
Henry  J.  Couch, 
James  O.  Parker, 

Samuel  H.  Boutwell, 


Joseph  E.  Bailey,     . 

Ben.  C.  Cui'rier, 
Joseph  B.  Moi'ss, 
Elbridge  G.  Kelley, . 

Edward  G.  Hull,      . 

Addison  Gilbert, 
James  G.  Tarr, 
Aaron  Lowe,     . 

John  J.  Giles,  . 

Francis  E.  Porter,     . 
John  B.Hill,    . 


W.  Newbury. 
Salisbury. 

Haverhill. 
Haverhill. 
Bradford. 

Lawrence. 
Lawrence. 
Methuen. 

Andover. 


Georgetown. 

Newbmyport. 

Newburyport. 
Newburyport. 

Ipswich. 

Gloucester. 
Gloucester. 
Essex. 

Rockport. 


Beverly. 
Beverly. 


House  of  Representatives. 

COUNTY  OF  ESSEX— Concluded. 


569 


Town  or  Ward. 


Name  of  Representative. 


11th, 

lith, 
13th, 
14th, 
loth, 

16th, 
17th, 
18th, 

19th, 

20th, 


f  Danvers, . 
\  Wenham, 

Peabody, 

r  Salem,  Wards   1,  2 
\     and  3,  . 

Salem,Wards  4  and  6, 

/  Marblehead,   and     \ 
\      Ward  5,  Salem,   .  / 

/Lynn,  Ward  4,  and 
\      Nahant, 

Lyun,Wards  2  and5, 

(  Lynn,  Ward  3,  and  "l 
\      Swampscott,         .  / 

/Lynn,    Wards   1,   6\ 
\     and  7,  .        .        .  / 


( Saugus,    . 
J  Lynnfield, 
j  Middleton, 
l^  Topsfield, 


George  J.  Sanger, 

Stephen  F.  Blaney, 

Willard  P.  Phillips, 
Charles  S.  Osgood, 

John  PI.  Bell,    . 

William  B.  Brown, 
Joshua  P.  Haskell, 

Edward  J.  Johnson, 

James  N.  Buffiim,    . 

Henry  B.  Levering, . 

W.  Stanley  Newhall, 
William  R.  Roimdy, 


Danvers. 


Peabody. 

Salem. 
Salem. 

Salem. 

Marblehead. 
Marblehead. 


Nahant. 

Lynn. 

Lynn. 

Lynn. 

Lynnfield. 


COUNTY  OF  MIDDLESEX. 


1st, 
2d, 

3d, 

4th, 
5th, 


Charleston,  W'd  1,* 
Charleston,  W'd  2,*| 

Charlest'n,  W'd  3,*| 

/  Somerville, 
\  Malden,t . 

Medford, . 


Robert  R.  Wiley, 

I.  W.  Derby,     . 
Aaron  O.  Buxton, 

John  H.  Studley, 
Joseph  W.  Hill, 

J.  A.  Cummings, 
Horace  Haskins, 
J.  K.  C.  Sleeper, 

Benjamin  F.  Hayes, 


Charlestown. 

Charlestown. 
Charlestown. 

Charlestown. 
Charlestown. 

Somerville. 
Somerville. 
Maiden. 

Medford. 


*  Annexed  to  Boston  in  1873.  Suffrage  rights  unchanged,  except  for  munici- 
pal purposes,  until  new  apportionment. 

t  Town  of  Everett  incorporated  March  9, 1870,  embracing  a  portion  of  the  town 
of  Maiden.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until 
new  apportionment. 

72 


570 


House  of  Repeesentatives. 

COUNTY  OF  MIDDLESEX— Continued. 


6th, 
7th, 

8th, 

9th, 
10th, 

11th, 

12th, 
13th, 

14th, 

loth, 

16th, 
17th, 

18th, 

19th, 
20th, 


Town  or  Ward. 


:} 


(  Arlington, 
\  Winchester, 

/  Cambridge,  Ward  1,  \ 
\  "  Ward  5,  / 


/  Cambridge,  Ward  2, 
\  "  Ward  4, 


Cambridge,  Ward  3, 

/Newton,  . 
\  Brighton,* 

f  Watei'town, 
\  Belmont,;. 

Waltham, 

Natick,     . 

(  Holliston, 
\  Sherborn, 

/  Hopkinton, 
\  Ashland, . 

Framingham, 

Marlborough, 

("Hudson,  . 
!  Stow,t     . 
]  Boxborough, 
l^  Littleton, 

(Acton, 
Sudbury,t 
Wayland, 

(Concord, . 
Lincoln,  . 
Weston,  . 


Name  of  Representative. 


John  T.  Manny, 

Levi  L.  Cushing,  Jr., 

Joshua  B.  Smith, 
Curtis  Davis,     . 
Daniel  H.  Thurston, 

Jere.  W.  Coveney,    . 

Chas.  Robinson,  Jr., 
Robert  R.  Bishop,     . 

Samuel  S.  Gleason, . 

William  A.  Adams,  . 
John  B.  Fairbanks,  . 

Eben  Kimball, . 

Charles  Alden, . 

Franklin  H.  Sprague, 
Francis  C.  Curtis,     . 

Avery  W.  Nelson,    . 

George  C.  Wright,  . 
John  B.  Moore, 


Winchester. 

Cambridge. 

Cambridge. 
Cambridge. 
Cambridge. 

Cambridge, 

Newton. 
Newton. 

Watertown. 

Waltham. 
Natick, 

Holliston. 

Ashland. 

Framingham. 
Marlborough. 

Stow. 


Acton. 


Concord. 


*  Annexed  to  Boston  in  1873.  Suffrage  rights  unchanged,  except  for  munici- 
pal purposes,  until  new  apportionment. 

t  Town  of  Maynard  incorporated  April  19,  1871,  embracing  portions  of  the 
towns  of  Stow  and  Sudbury.  Suffrage  rights  unchanged,  except  for  municipal 
purposes,  until  new  apportionment. 


House  or  Repkesentatives. 

COUNTY  OF  MIDDLESEX— Concluded. 


571 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

'  Lexington, 

>! 

21st, 

■  Bedford,  . 

1  Burlington, 

^Carlisle,  . 

> 
J 

Richard  D.  Blinn,     . 

Lexington. 

22d, 

Woburn, . 

John  Cummings, 

Woburn. 

23d, 

C  Stoneham, 
i  Wakefield, 
1^  Melrose,  . 

) 

Richard  Britton, 
Elbridge  H.  Goss,    . 

Wakefield. 
Melrose. 

24th, 

C  Reading, . 

■|  North  Reading, 

l^  Wilmington,    . 

C  Chelmsford,     . 

) 

1 

Andrew  Howes, 

Reading. 

25th, 

<  Billerica, 

(^  Tewksbury,     . 

) 

Ziba  Gay, 

Chelmsford. 

26th, 

f  Lowell,  Ward  1, 
\        "       Ward  2, 
i       "       Ward  6, 

} 

Artemas  S.  Tyler,     . 
John  C.  Blood, 

Lowell. 
Lowell. 

27th, 

Lowell,  Ward  3, 

James  E.  Hill,  . 

Lowell. 

28th, 

Lowell,  Ward  4, 

J.  A.  G.  Richardson, 

Lowell. 

29th, 

Lowell,  Ward  5,   . 

r  Dracut,    . 
,  Tyngsborough, 
'  Dunstable, 
[  Westford, 

X 

Jonathan  Johnson,  . 

Lowell. 

30th, 

> 

Gayton  M.  Hall, 

Dracut. 

•  J 

31st, 

f  Groton,*  . 
\  Pepperell, 

f  Townsend, 

:} 

George  S.  Gates, 

Groton. 

32d, 

\  Ashby,     . 
t  Shirley,*. 

:} 

A.  A.  Carr, 

Ashby. 

COUNTY  OF  WORCESTER. 

1st, 

TAshburnham,  , 
\Winchendon,  . 

:} 

Charles  F.  Loud, 

Winchendon. 

*  Town  of  Ayer  Incorporated  February  14, 1871,  embracing  portions  of  the  towns  of 
Groton  and  Shirley.  Suffrage  rights  imchauged,  except  for  municipal  purposes,  until 
new  apportionment. 


572 


House  of  Representatives. 

COUNTY  OF  WORCESTER— Continued. 


Town  or  Ward. 


2d, 

3d, 

4th, 

5th, 

6th, 
7th, 
8th, 

9th, 

10th, 

11th, 
12th, 


/Royalston, 
\  Athol,       . 

f  Gardner.  . 
\  Templeton, 

f  Petersham, 

Dana, 

Phillipston, 
{  Hiibbardston, 

Barre, 

Hardwick, 
^  New  Braintrfee, 

(  Westminster, 
J  Fitchburg, 
[  Lunenburg, 
(^  Leominster, 

{Lancaster, 
Bolton,  . 
Harvard, . 

f  Clinton,  . 
I  Berlin,  . 
[  Northborough, 

(Sterling,  . 
West  Boj'lston, 
Boylston, 

f  Rutland,  . 
J  Holden,  . 
1  Princeton, 
[  Oakham, . 


f  Worcester,  Ward  1 
I  "  Ward  2 

\         "  Ward  3 

Ward  8 
(^Paxton,    . 

f  Worcester,  Ward  4 
Ward  .5 
Ward  6 
Ward  7 

r  Grafton,  . 

\  Shrewsbuiy,    . 


Name  of  Representative. 


J.  A.  Rich, 

L.  H.  Sawin,     . 


Almond  M.  Orcutt, 
John  W.  Rice,  . 


C.  C.  Field,  . 
E.  P.  Loring,  . 
John  F,  Hawkins, 


James  D.  Hurlburt, . 

Samuel  N.  Haynes, 
Henry  V.  Woods,     . 

Moses  Smith,    . 


Samuel  Winslow,     . 
Timothy  W.Welling- 
ton, 
Emory  Banister, 


Andrew  Athy,  . 
Thomas  Gates, 
James  E.  Estabrook, 


Charles  L.  Pratt, 


Royalston. 
Gardner. 


Hardwick. 
Barre. 


Leominster. 

Fitchburg. 

Fitchburs:. 


Bolton. 


Berlin. 


Boylston. 


Rutland. 


Worcester. 

Woi'cester. 
Worcester. 


Worcester. 
Worcester. 
Worcester. 


Grafton. 


House  of  Representatives. 

COUXTY  OF  WORCESTER— Concluded. 


573 


13th, 
14th, 

loth, 
16th, 

17th, 
18th, 


(  Westboroiigh, 
\  Southborough, 

C  Xorthbridge, 
\  Upton,     . 

fMilford,  . 
J  Mendon,  . 
j  Bhickstone, 
l^  Uxbridge, 

r  Douglas, . 
Webster, . 
J  Dudley,  . 
]  Oxford,  . 
j  Sutton,  . 
(^  Millbury, 

f  Auburn,  . 
Leicester, 
\  Spencer,  . 
I  Charlton, 
l^  Southbridge, 

f  Sturbridge, 
j  Brookfield, 
\  North  Brookfield, 
West  Brookfield, 
[  Warren,  . 


Name  of  Representative. 


\   Reuben  Boynton, 
\   Xahum  B.  Hall, 


George  W.  Taft, 
Albert  Smith,   . 
Lawrence  Reade, 


James  B.  Williams, 

George  Hodges, 
William  Abbott, 


Erastus  Jones, 
Warren  Sibley, 


Warren  Tyler, 
S.  Butterworth, 


Westborough. 
Upton. 


Uxbridge. 

Blackstone. 

Milford. 


Douglas. 

Oxford. 

Sutton. 


Spencer. 
Auburn. 


N.  Brookfield, 
Brookfield. 


COUNTY  OF  HAMPSHmE. 


1st, 


2d, 


3d, 


Easthampton, . 

Huntington,  . 
I  Northampton, 

Southampton, . 
[  Westhampton, 

(  Chestei-field, 
I  Cummington, 
j  Goshen,   . 
]  Middlefield, 
I  Plainfield, 
(^  Worthington, 

fHadlev,  . 
\  Hatfield,  . 
l^  Williamsburg, 


Porter  Nutting, 
William  G.  Bassett, 


Lysander  J.  Orcutt, 


Samuel  P.  Billins's, 


Northampton. 
Easthampton. 


Cummington. 


Hatfield. 


574 


House  of  Eepresen"tatives. 

COUNTY  OF  HAMPSHIRE— Concluded. 


District. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

4th, 
5th, 

6th, 

( Amherst,         .        . "( 
\  South  Hadley,         .  / 

['Belchertown,  .        .^ 
\  Granby,  .         .         .  |- 
1^  Pelham,  .        .        J 

f  Enfield,    .        .        .^ 
J  Greenwich,      .        .  ■ 
j  Prescott, .        .        .  ' 
[Ware,      .        .        J 

Edward  Dickinson,* 
Asahel  Gates,   . 

Henry  C.  Davis, 

Amherst. 
Pelham. 

Ware. 

COUNTY  OF  HAMPDEN. 


1st, 

2d, 

3d, 

4th, 

5th, 

6th, 

7th, 

8th, 
9th, 


[  Monson, 
j  Brimfield 
1  Holland, 
[Wales, 

C  Palmer, 

\  Wilbraham, 

Springfield,  Ward  1 
Ward  2 
Wards 

/  Springfield,  Ward  4 
\  "  Ward  6 

Springfield,  Ward  5 
Ward  7 
Wards 

(Holyoke, . 
Chicoijee, 
Ludlow,  . 

'  Granville, 
Southwick, 
\  Agawam, 
I  West  Springfield, 
(^  Longmeadow, 

Westfield, 

("Chester,  . 
I  Blandford, 
{  Montgomery, 
I  Russell,    . 
I,  Tolland,  . 


Julius  M.  Lyon, 

Francis  E.  Clark, 

F.  E.  Gray, 
Charles  L.  Shaw, 

Smith  R.  Phillips,     . 
Henry  W.  Phelps,    . 


George  D.  Robinson, 
Allen  Higgiubottom, 


E.  H.  Seymour, 
Rufus  Smith,    , 


Reuben  Noble, 


Enos  W.  Boise, 


Wales. 

Wilbraham. 

Springfield. 
Springfield. 

Springfield. 
Springfield. 


Chicopee. 
Holyoke. 


Granville. 
Granville. 


Westfield. 


Blandford. 


*  Deceased  June  17;  vacancy  not  filled. 


House  of  Representatives, 
county  of  franklin. 


575 


{Warwick, 
Orange,  . 
New  Salem, 

f  Montague, 

Sunderland, 
"I  Leverett, . 
I  Shutesbury, 
(^Wendell, 

'  Greenfield, 
Colrain,   . 
Leyden,   . 
Bernardston, 

j  Gill, 

I  Northfield, 

l^Erving,    . 

(  Deei'field, 
I  Shelburne, 
!  Whately, 
j  Conwav,  . 
I  Ashfield,  . 
l^Hawley,  . 

''Buckland, 
Charlemont, 
Heath,      . 
Rowe, 

(^Monroe,  . 


Name  of  Kepresentative. 


Damon  E.  Cheney, 


Albert  Montague, 


Samuel  O.  Lamb, 
John  F.  Moors, 


George  W.  Jones,     , 
Lucian  F.  Eldridge, , 


Horace  H.  Mayhew, 


Orange. 


Sunderland. 


Greenfield. 
Greenfield. 


Deerfield. 

Conway. 


Charlemont. 


COUNTY  OF  BERKSHIRE. 


(  Hancock, 
j  Lanesborough, 
j  New  Ashford, . 
[  Williamstown, 

( Adams,    . 

I  Cheshire, 
■{  Clarksbui'g, 
I  Florida,   . 
1^  Savoy,      . 

fDalton,  . 
<^  Pittsfield, 
[Richmond, 


Sumner  Southworth, 


S.  W.  Brayton, 
L.  J.  Cole, 


Jarvis  N.  Dunham,  . 
William  H.  Murray, 


Williamstown. 


Adams. 
Cheshire. 


Pittsfield. 
Pittsfield. 


576 


House  of  Kepresentatives. 

COUNTY  OF  BERKSHIRE— Concluded. 


Town  or  Ward. 


4th, 


5tli, 


6th, 


7th, 


8th, 


'Becket,    . 

Hinsdale, 
<!  Peru, 

Washington,    . 
^  Windsor, 

{Lenox,     . 
Stockbridge,    . 
West  Stockbridge, 

fLee, 

J  Monterey, 

]  Otis, 

1^  Tyringham,     . 

fAlford,     . 

J  Egremont, 

I  Great  Barrington,   .  , 

^^  Mount  Washington,  J 

(New  Marlborough, 
Sandisfield, 
Sheffield, 


Name  of  Representative.  Kesidence 


Simon  H.  White, 


John  B.  Hull, 


Thomas  M.  Judd,     . 


Henry  W .  Wright, 


William  B.  Gibson, 


Hinsdale. 


Stockbridge. 


Lee. 


Gt.  Barrington. 


N.  Marlboro', 


COUNTY  OF  NORFOLK. 


1st, 

Dedham,*  §     . 

Augustus  B.  Eudicott, 

Dedham. 

2d, 

West  Roxbury,t 

Richard  Olney, 

W.  Roxbuiy. 

3d, 

rRoxbui7,t  Ward   2,^1 
!          "          Ward   3,  ! 
]          "          Ward  4,  \ 
{         "          Ward  5,  J 

Albert  Palmer, 
George  Bartholmesz, 
Brownell  Granger,  . 

Boston. 
Boston. 
Boston. 

4th, 

Roxbury,  Ward  1,  . 

Austin  H.  Connell,  . 

Boston. 

6th, 

Dorchester,*    .        .  < 

R  Hutchinson, 
Albe  C.  Clark, . 

Boston. 
Boston. 

6th, 

Quincy,    . 

John  Q.  Adams, 

Quincy. 

*  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11 ;  Dorchester  annexed  to  Boston  in  1869.  Suffrage  rights  unchanged,  except  for 
municipal  purposes,  until  new  apportionment. 

t  Annexed  to  Boston  in  1873.  Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 

J  Annex,ed  to  Boston  in  1867.  Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 

§  Town  of  Norwood  incorporated  February  23,  1872,  embracing  portions  of  Dodham 
and  Walpole.  Suffrage  rights  unchanged,  except  for  municipiil  purijoees,  until  new 
apportionment. 


House  of  Repeesextatives. 

COUNTY  OF  NORFOLK— Concluded. 


577 


District. 

Towu. 

Kame  of  Kepresentative. 

Residence. 

7th, 

Braintree, 

N.  E.  Hollis,     . 

Braintree. 

8th, 

Weymouth,      .        .  < 

Joseph  W.  Rogers,  . 
D.  Franklin  Reed,    . 

Weymouth. 
Weymouth. 

9th, 

Randolph,* 

Andrew  J.  Gove, 

Randolph. 

10th, 

Stoughton, 

Ezra  Stearns,    . 

Stoughton. 

11th, 

1' Canton,    . 
J  Milton,t  . 
]  Walpole,t 
^Sharon,    . 

Willard  Lewis, 
Sanford  W.  Billings, 

Walpole. 
Sharon. 

12th, 

f  Foxborough,    .         .  "j 
I  Wrentham,J     .         .  > 
l^  Medway,t        .        .  J 

Edward  Eaton, 
Abraham  W.  Harris, 

Medway. 
Wrentham. 

13th, 

r  Franklin,^        .        .  ^ 
\  Bellingham,    .        .  / 

John  H.  Fisher, 

Franklin. 

14th, 

[  Needham,        .        . ") 
i  Medfield,         .        .  \ 
(^  Dover,      .        .        .J 

Joseph  E  Fiske, 

Needham. 

15th, 

Brookline, 

Moses  Williams,  Jr., 

Brookline. 

COUNTY  OF  BRISTOL. 

1st, 

Attleborou, 

?h,.         . 

Samuel  S.  Ginnodo, . 

Attleborough. 

2d, 

r  Mansfield, 
\  Norton,    . 

:    :} 

Henry  L.  Pratt, 

Mansfield. 

3d, 

f  Easton,    . 
\  Raynham, 

;    :} 

Thos.  S.  Cushman,  . 

Raynham. 

4th, 

Taunton, . 

•    ■{ 

John  E.  Sanford, 
Cyrus  Savage,  . 
Fred'k  L.  Bosworth, 

Taunton. 

Taunton. 
Taunton. 

•  Town  of  Holbrook  incoirporated  February  29, 1872,  embracing  a  portion  of  the  town 
of  Randolph.  Suffrage  rights  unchanged,  except  for  municipal  purposes,  until  new 
apportionment. 

t  Town  of  Hyde  Park  incorporated  April  22,  1868,  embracing  portions  of  Districts  1, 
5  and  11. 

X  Town  of  Norfolk  incorporated  February  23, 1870,  embracing  portions  of  Wrentham, 
Franklin,  Medway  and  Walpole.    Suffrage  rights  unchanged,  except  for  municipal  pur- 
poses, until  new  apportionment. 
73 


578 


House  of  Representatives. 

COUNTY  OF  BRSTOL— Concluded. 


Bistrict. 

Town  or  Ward. 

Name  of  Representative. 

Residence. 

5th, 

(  Seekonk, . 
■  Rehoboth, 
]  Dighton, . 
(^Berkley,  , 

■    -1 

Cyrus  M.  Wheaton, . 

Rehoboth. 

6th, 

f  Somerset, 
i  Swanzey, 
1^  Freetown, 

;  :} 

William  L.  Slade,     . 

Somerset. 

7th, 

Fall  River, 

■  ■{ 

Geo.  0.  Fairbanks,  . 
John  Davol,  Jr., 
Daniel  McCowan,    . 

Fall  River. 
Fall  River. 
Fall  River. 

8th, 

Westport, 

Joseph  C.  Little, 

Westport. 

9th, 

Dartmouth, 

. 

Abraham  H.  Smith, . 

Dartmouth. 

10th, 

TNew  Bedford, 
\      1,2  and  3, 

W'ds  ^ 

Isaac  F.  Sawtelle,     . 
Wm.  C.  Parser,  Jr., . 

New  Bedford. 
New  Bedford. 

11th, 

/"New  Bedford, 
\      4,  5  and  6, 

W'ds^ 

Elijah  H.  Chisholm, 
Cyrus  W.  Chapman, 

New  Bedford. 
New  Bedford. 

12th, 

f  Fairhaven, 

\  Acushnet, 

:    :} 

Daniel  J.  Lewis, 

Fairhaven. 

COUNTY  OF  PLYMOUTH. 


1st, 

f  Cohasset, 
\  Scituate,  . 

} 

James  L.  Men-itt,     . 

Scituate. 

2d, 

/  Hingham, 
\  Hull, 

} 

John  Cushing, . 

Hingham. 

3d, 

f  Soi;th  Scituate, 
<  Hanover, 
(_  Hanson,  . 

} 

Charles  H.  Killam,  . 

Hanover. 

4th, 

f  Marshfield, 
<  Pembroke, 
I,  Halifax,  . 

} 

William  Whiting,     . 

Pembroke. 

6th, 

( Duxl)ury, 
\  Kingston, 

} 

Samuel  Loring, 

Duxbury. 

House  of  Represej^tatives. 

COUNTY  OF  PLYMOUTH— Concluded. 


579 


District. 

Town. 

Kame  of  Representative. 

Residence, 

6th, 

f  Ph-moiith, 
<  Carver,    . 
(  Plympton, 

:} 

Albert  Masou,  . 
Horatio  A.  Lucas,     . 

Plymouth. 
Carver. 

7th, 

f  Wareham, 
\  Marion,   . 

:} 

John  Savery,    . 

Wareham. 

8th, 

('Mattapoisett,  . 
<  Rochester, 
{  Lakeville, 

:} 

Leonard  Washburn, 

Lakeville. 

9th, 

Middleborough, 

John  Shaw, 

Middleboro\ 

10th, 

/  Bridgewater,  . 
\  West  Bridgewater, 

■} 

Benjamin  Howard,  . 

W.  Bridgew'r. 

11th, 

f  East  Bridgewater, 
\  Brockton,f 

:} 

Edward  0.  Noyes,    . 

N.  Bridgew'r. 

T.  M.  House,    . 

N.  Bridgew'r. 

12th, 

Abington,^ 

•{ 

Jesse  Keith, 
Nathan  S.  Jenkins,  , 

Abington. 
Abington. 

COUNTY  OF  BARNSTABLE. 


r  Barnstable,* 
!  Sandwich, 
1  Falmouth, 
(  Yarmouth, 

{Dennis,  . 
Harwich, 
Brewster, 

f  Chatham, 
\  Orleans,  . 

f  Eastham, 
J  Wellfleet, 
j  Truro,  . 
\^  Provincetown, 


Levi  L.  Goodspeed, . 
Philip  H.  Robinson, . 
Joshua  C.  Robinson, 


David  P.  Howes, 
George  D.  Smalley, 


Solomon  E.  Hallet, 


Henry  Shoi-tle, 
Lewis  Lombard, 


Barnstable. 

Sandwich. 

Falmouth. 


Dennis. 
Harwich. 


Chatham. 


Provincetown. 
Eastham. 


*  Town  of  Mashpee  Incorporated  May  28,  1870,  embracing  the  territory  in  Barnstable 
County  known  as  the  District  of  Marshpee.  Suffrage  rights  unchanged,  except  for  mu- 
nicipal purposes,  until  new  apportionment. 

t  Name  of  North  Bridgewater  changed  to  Brockton,  by  Act  approved  March  28,  1874. 

X  Town  of  Eockland  incorporated  March  9,  1874,  embracing  portions  of  Abington. 


580 


One, 


House  of  Representatives, 
dukes  county. 


District. 

Town. 

Name  of  Kepresentative. 

Hesidence. 

One, 

f  Eds:artown,     .        A 
\  Tisbury,  .        .        .  i 
1  Chilmark,*       .         .  [ 
l^  Gosnold,          .         .  J 

David  Mayhew, 

Tisbury. 

COUNTY  OF  NANTUCKET. 


Nantucket, 


Edward  McCleave, 


Nantucket. 


GEORGE  A.  HARDEN,  Clerk. 


JOHN  MORISSEY,  Serg't-at-Arms. 
ROBT  G.  SEYMOUR,  Chaplain. 


*  Town  of  Gay  Head  incorporated  April  30, 1870,  em'bracing  the  territory  in  Dukes 
County  known  as  the  District  of  Gay  Head.  Sufi&age  rights  unchanged,  except  for  mu- 
nicipal purposes,  until  new  apportionment. 


JUDICIAL  DEPARTMENT. 


SUPREME  JUDICIAL  COURT, 

CHIEF  JUSTICE. 

HORACE  GRAY*  of  Boston. 

ASSOCIATE  JUSTICES. 

JOHN  WELLS,  of  Brookline. 
JAJSIES  D.  COLT,  of  Piitsfield. 
SETH  AMES,  of  BrooUine. 
MARCUS  MORTON,  o/^nfZorer. 
Wn^LIAM  C.  ENDICOTT,  of  Salem. 
CHARLES  DEVENS,  jR.,t  of  Worcester. 


SUPERIOR  COURT. 

CHIEF  JUSTICE. 

LINCOLN  F.  BRIGHAM,  of  Salem. 

ASSOCIATE   JUSTICES. 

JULIUS  ROCKWELL,  of  Lenox. 
OTIS  P.  LORD,  of  Salem. 
EZRA  WILKINSON,  o/Z)cfZAam. 
JOHN  P.  PUTNAM,  of  Boston. 
FRANCIS  H.  DEWEY,  of  Worcester. 
ROBERT  C.  VlTMKE^of  New  Bedford. 
JOHN  W.  BACON,  of  Natick. 
WILLIAM  ALLEN,  of  Northampton. 
P.  EMORY  ALDRICH,t  of  Worcester. 

*  Vice  Reuben  A.  Chapman,  deceased. 

t  Vice  Horace  Gray,  appointed  Chief  Justice,  September  5, 1873. 

X  Vice  Charles  Devens,  Jr.,  resigned  October  3,  1873. 


582 


Judicial  Department. 


JUDGES  OF  PROBATE  AND  mSOLYENCY. 


ISAAC  AMES,  Boston, .... 
GEORGE  F.  CHOATE,  Salem,    . 
GEORGE  M.  BROOKS,  Concord, 
HENRY  CHAPIN,  Worcester,      . 
SAMUEL  T.  SPAULDING,  Northampton, 
WILLIAM  S.  SHURTLEFF,  Springfield, 
CHESTER  C.  CONANT,  Greenfield,   . 
JAMES  T.  ROBINSON,  (North)  Adams, 
GEORGE  WHITE,  Needham,      . 
WILLIAM  H.  WOOD,  Middleborough, 
EDMUND  H.  BENNETT,  Taunton,    . 
JOSEPH  M.  DAY,  Barnstable,    . 
JOSEPH  T   PEASE,  Edgartown, 
THADDEUS  C.  DEFRLEZ,  Nantucket, 


Suffolk. 

Essex. 

Middlesex. 

Worcester. 

Hampshire. 

Hampden. 

Franklin. 

Berkshire. 

Norfolk. 

Plymouth. 

Bristol. 

Barnstable. 

Dukes. 

Nantucket. 


REGISTERS  OF  PROBATE  AND  INSOLVENCY. 


PATRICK  R.  GUINEY,  Boston,  . 
ABNER  C.  GOODELL,  Salem,    . 
JOSEPH  H.  TYLER,  Cambridge, 
CHARLES  E.  STEVENS,  Worcester, 
LUKE  LYMAN,  Northampton,     . 
SAMUEL  B.  SPOONER,  Springfield, 
FRANCIS  M.  THOMPSON,  Greenfield, 
ANDREW  J.  WATERMAN,  Lenox, 
JONATHAN  H.  COBB,  Dedham, 
DANIEL  E.  DAMON,  Plymouth, 
WILLIAM  E.  FULLER,  Taunton, 
JONATHAN  HIGGINS,  Orleans, 
HEBRON  VINCENT,  Edgartown, 
SAIVIUEL  SWAIN,  Nantucket,     . 


.  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Plymouth. 

.  Bristol. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


DISTRICT-ATTORNEYS. 

J.  WILDER  ]\IAY,  Boston, Suffolk. 

JOHN  B.  GOODRICH,  Newton,  ....  Northern. 

EDGAR  J.  SHERMAN,  Lawrence,      .        .        .  Eastern. 

ASA  FRENCH,  Braintree, South-Eastern. 

GEORGE  MARSTON,  New  Bedford,  .        .        .  Southern. 

HAMILTON  B.  STAPLES,  Worcester,        .        .  Middle. 

NEHEMIAH  A.  LEONARD,  Springfield,    .        .  Western. 

WILLIAM  S.  B.  HOPKINS,  Greenfield,     .        .  North- Western. 


Judicial  Depaetiviext. 


583 


SHERIFFS. 

JOHX  M.  CLARK,  Boston,  . 
HORATIO  G.  HERRICK,  Lawrence,  . 
CHARLES  KIMBALL,  Lowell,    . 
AUGUSTUS  B.  R.  SPRAGUE,  Worcester, 
HENRY  A.  LOXGLEY,  Xorthampton, 
ADDISON  M.  BRADLEY,  Springfield, 
SOLOMON  C.  WELLS,  Montague,      . 
GRAHAM  A.  ROOT,  Pittsfield,     . 
JOHN  W.  THOMAS,  Dedham,     . 
WILLIAM  S.  COBB,  New  Bedford,     . 
JAMES  BATES,  Plymouth,  . 
DA^^D  BURSLEY^  Barnstable,    . 
HOWES  NORRIS,  Edgartown,     . 
JOSEPH  McCLEAVE,  Nantucket, 


Suffolk. 

Essex. 

Middlesex, 

worcestek. 

Hampshire. 

Hampdex. 

Franklin. 

Berkshire. 

Norfolk. 

Bristol. 

Plymouth. 

Barnstable. 

Dukes. 

Nantucket. 


CLERKS  OF  COITITS. 

GEORGE  C.  WILDE,  Boston,  Sup.  Jud.  Court, 

J.  A.  WILLARD,  Boston,  Superior  Ct„  Civil  T., 
JOHN  C.  PARK,  Boston,  Criminal  T., 
ALFRED  A.  ABBOTT,  Peabody, 
THEODORE  C.  HURD,  Framingbam, 
JOSEPH  MASON,  Worcester, 
WILLIAM  P.  STRICKLAND,  Northampton, 
ROBERT  O.  MORRIS,  Springfield,      . 
EDWARD  E.  LYMAN,  Greenfield,       . 
HENRY  W.  TAFT,  Pittsfield, 
ERASTUS  WORTHINGTON,  Dedham, 
SIMEON  BORDEN,  Fall  River,    . 
WILLIAM  H.  WHITMAN,  Plymouth, 
JAMES  B.  CROCIiER,  Yarmouth, 
SAJilUEL  KENISTON,  Jr  ,  Edgartown,       . 
GEORGE  W.  JENKS,  Nantucket, 


f  Suffolk,  and  by  app't 
<      of  Justices,  for  CoM- 

V       IIOXWEALIH. 

\  Suffolk. 

.  Essex. 

.  Middlesex. 

.  Worcester. 

.  Hampshire. 

.  Hampden. 

.  Franklin. 

.  Berkshire. 

.  Norfolk. 

.  Bristol. 

.  Plymouth. 

.  Barnstable. 

.  Dukes. 

.  Nantucket. 


584  Members  op  Congress. 


MEMBEES  OF  THE  EOETY-THIED  CONGEESS. 


[The  Commonwealth  as  districted  for  members  of  Congress,  Acts  of  1872,  Chap.  300.] 


SENATORS. 

WILLIAIM  B.  WASHBLTEN,*  of  Greenfield. 
GEORGE  S.  BOUTWELL,  of  Groton. 

REPRESENTATIVES. 

District  I.— JAI^IES  BJJYFmTO^,  of  Fall  Eiver. 

II.— BENJAMIN  W.  HARRIS,  of  East  Bridgewater. 
in.— HENRY  L.  PIERCE,  of  Boston. 
IV.— SAMUEL  HOOPER,  0/ Boston, 
v.— DANIEL  W.  GOOCH,  of  Melrose. 
VI.— BENJAMIN  F.  BUTLER,  of  Gloucester. 
Vn.— E.  ROCKWOOD  HOAR,  of  Concord. 
Vni.— JOHN  M.  S.  WILLIA^IS,  of  Cambridge. 
IX.— GEORGE  F.  HOAR,  of  Worcester. 
X.— ALVAH  CROCKER,  of  Fitchburg. 
XL— HENRY  L.  DAWES,  o/Pi«s^eZ<i. 

*  Elected  April  17,  1874,  by  joint  vote  in  convention  of  the  two  branches  of  the  Legisla- 
ture, in  place  of  Charles  Sumner,  deceased,  March  11,  1874. 


Commonto^alllj  of  glassat^usdfs* 


Secretary's  Department,  Boston, 
July  27,  1874. 


I  hereby  certify  the  printed  Acts  and  Resolves  contained 
in  this  volume  to  be  true  copies  of  the  originals,  and  that 
the  accompanying  papers  and  other  matters  herewith  are 
transcripts  of  official  records  and  returns  in  this  Department. 

OLIVER  WARNER, 

Secretary  of  the  Commonwealth. 
74 


INDEX. 


A. 

Page 

Abington,  town  of,  part  incorporated  as  EocMaud,  .  .  .45 

"  "         may  hold  a  meeting  for  election  of  town  officers,  .      101 

Academy,  Nichols,  trustees  may  mortgage  real  estate,     .  .  .96 

"  Sawin,  in  Sherbom,  may  use  additional  $3,000  for  land  and 

building,  .......      176 

Accidents,  Railroad,  responsibility  for,       .....      396 

Adams,  town  of,  Bridges  in,  .  .  .  .  .  .  .      482 

Adams,  Clarissa,  allowed  state  aid, ......      473 

Address  of  Governor  to  legislature,.  .....      494 

Adjutant-General,  salary  of  first  clerk  of,  .  .  .  .  .      429 

Administrators,  Joint,  may  give  joint  or  separate  bonds,  .  .      345 

"  unauthorized  acts  of,  to  relieve  parties  affected  by,     .      327 

"  Public,  burden  of  proof  of  existence  of  heir  to  be 

upon,  when  no  heir  appears  within  two  years,      .        80 
"  Public,  not  to  take    administration  upon    personal 

property  of  less  value  than  twenty  dollars,  .       170 

Agawam,  town  of,  may  inclose  and  use  old  parade-groimd  as  a  public 

park,.  ......      316 

"  "        within  jurisdiction  of  Springfield  Police  Court,      .      115 

Aged  Women,  Lynn  Home  for,  incorporated,         .  .  .  .11 

Agricultural  College,  Massachusetts,  allowance  to,  .  .  .      482 

"  societies,  annual  returns  to  be  made  in  January,   .  .      116 

"  Society,  Bristol  County,  may  hold  additional  real  estate,      128 

Agriculture,  State  Board  of,  chemist  of  to  inspect  fertilizers,  duties  of 

secretary,  etc.,     ....      133 

"  "  "       to  report  to  legislature  concerning  width 

of  rims  of  wheels,  ,  .  .      482 

Aid,  State,  to  disabled  soldiers  and  sailors,  time  extended  for  pay- 
ment of,     .  .  .  .  .  .  .  .  .316 

Aldermen,  Mayor  and,  to  be  in  session  day  before  election,  for  correc- 
tion of  voting  lists,  .......      416 

Alewife  Brook,  in  Somerville,  tide-gates  across,     ....      125 

"      Fishery  in  Connecticut  River,  regulated,  .  .  .99 

Allen    Street    Congregational    Society   of  North    Cambridge,  name 

changed,    .........        79 


ii  Index. 

Page 
Alphabetical  Lists  of  Voters,  to  protect  use  of,     .  .  . .     327 

American  Association  for  the  Advancement  of  Science,  incorporated,  .        66 
American  College  and  Education  Society,  established,    .  .  .53 

American  Whip  Company,  organization  coniirmed,  .     '      .  .      174 

Amherst,  additional  terms  of  probate  court  at,     .  .  .  .      100 

Amherst  College,  Trustees  to  be  chosen  by  graduates,      .  .  .      131 

Ancient  Order  of  Hibernians  in  Fall  River,  incorporated,  .  .        79 

Anderson  School  of  Natural  History,  Trustees  of,  incorporated,  .      452 

Angel  Guardian,  House  of,  trustees  may  hold  additional  estate,  .       101 

Anglers'  Association,  Massachusetts,  incorporated,  .  .  .62 

Annual  meetings  of  railroad  corporations,  .  .  .  313,  361 

Appeals,  in  criminal  cases,  withdrawal  of,  •  .  .  .  .36 

Appropriation  for  a  board,  institution,  or  department  of  the  state,  no 
greater  sum  to  be  drawn  from  than  will  meet  expenditures  al- 
ready incurred,     ........      342 

Appropriations  : 

Maintenance  of  Government, — 
Supreme  Judicial,  Superior,  Probate  and  Insolvency,  Municipal, 

Police  and  District  Courts,  and  District-Attorneys,  salaries,  5 

Maintenance  of  Government,  additional, — 
Legislative,  Executive,  Secretary's,  Treasurer's,  Tax  Commis- 
sioner's,  Auditor's    and    Attorney-General's,    Agricultural, 
Educational  and  Military  Departments,  Commissioners  and 
Board  of  State  Charities,  .....        13 

Maintenance  of  Government,  further  additional, — 
Legislative,  Executive   and  Agricultural  Departments,  State 
Printing,  Military,  State  House,  Incidental,  Contingent  and 
Miscellaneous  Expenses, ......        22 

for  Lunatic  Hospital  at  Worcester,   .....      471 

for  expenses  authorized  in  1873  and  previouB  yeaxs,  .  .        43 

for  certain  exjpenditures  of  1874,       ....  250,  463 

for  expenses  of  1874,  \'iz. :  State  Almshouse,  Prison  and  Work- 
house, Reform,  Industrial  and  Primary  Schools,  Charitable, 
Reformatory  and  Correctional,   .....        18 

from  income  of  School  Fund,  etc.,  applicable  to  educational 
purposes :  for  Board  of  Education,  Normal  Schools  and  pu- 
pils, Teachers'  Institutes  and  Associations,      .  .  .      155 
for  improvement  of  Commonwealth's  flats  in  Boston  Harbor,     .        12 
for  enlarging  Lunatic  Hospital  at  Taunton,            .            .  .      472 
for  workshops,  etc.,  at  State  Prison,             ....      474 

for  payment  of  sewer  assessment  to  city  of  Worcester,    .  .      475 

in  aid  of  Massachusetts  Agricultural  College,         .  .  .      482 

for  State  Arsenal,  etc.,  at  South  Framingham,        .  .  .      483 

for  completing  Troy  and  Greenfield  Railroad,  west  of  Bardwell's 

Ferry,  ........      459 

for  constructing  arch-ways  in  Hoosac  Tunnel,        .  .  .      344 

for  mileage  and  compensation  of  members  and  offlcera  of  Legis- 
lature,        ........  3 

for  construction  of  new  State  Prison,  ....      444 


Index. 


ui 


Appropriatioxs — Continued : 

Maintenance  of  Government, — 

to  establish  Eeformatory  Prison  for  women, 

for  grading  and  draining  camp-ground  at  Framingham, 

for  expenses  of  engineering,  etc.,  at  Hoosac  Tunnel, 

Aqueduct  Corporation,  Jamaica  Pond,  charter  amended, 

Arlington,  town  of,  may  issue  additional  water  scrip. 

Arsenal  at  South  Framingham,  allowanoe  for  dwelling-house,  etc.. 

Assessors  of  cities  and  towns,  to  assess  taxes  upon  polls  and  estates, 

etc.,  ......... 

Assessors  of  cities  and  towns,  to  prepare  statement  and  forward  same 
to  the  tax  commissioner,  of  property  exempt  from  taxation,  under 
the  third,  seventh  and  ninth  divisions  of  G.  S.  11,  §  5,        . 
Assessors  of  cities  and  towns  may  issue  special  warrant  for  collection 

of  taxes,  when  credit  of  person  taxed  is  doubtful,    . 
Assistant  Attorney-General,  salary  established, 

"         District-Attorney  for  Suffolk,  second,  may  be  appointed, 
"         Watchmen  at  State  Prison,  number  increased. 
Association,  American,  for  Advancement  of  Science,  incorporated, 

"  Chai-itable,  of  Boston  Fire  Department,  charter  amended, 

"  Masonic  Building,  Boston  Highlands,  incorporated, 

"  Slasonic  Building,  in  New  Bedford,  incorporated,    . 

"  Massachusetts  Anglers',  incorporated, 

"  Massachusetts   Charitable  Mechanic,   may  erect   wooden 

building  in  Boston, 
"  Monument,  Joseph  Warren,  incorporated,     . 

"  Odd  Fellows'  Hall,  of  Beverly,  incorporated, 

"  Odd  Fellows'  Hall,  of  Lawrence,  incorporated, 

Associations,  County  Law  Library,  relating  to,     . 

"  for  religious,  charitable,  educational  and  other  purposes 

may  become  corporations, 
"  Swine-slaughtering,  may  be  formed, 

Atkinson,  Edward,  Eesolve  on  petition  of, 
Attachments  disputed  by  persons  having  subsequent  liens. 
Attendance  of  children  at  school,  concerning, 
Attleborough,  village  of,  supply  of  water  for,  may  raise  money  and 
issue  bonds,  ..... 

"  increased  station  facilities  provided  at,     . 

Attleborough  Branch  Railroad,  may  increase  capital  stock. 
Attorney,  District,  for  Suffolk,  second  assistant  may  be  appointed, 
Attorney-General  to  appear  in  suits  brought  to  contest  right  to  dredge 
out  South  Bay, 
"  "         Assistant,  salary  established,     . 

Attorneys,  District,  to  give  bonds,  .... 

"  "      .  to  commence  suits  upon  forfeited  criminal  recog- 

nizances within  sixty  days, 


444 
470 
471 
113 
124 
483 

415 


153 

157 
93 

108 
93 
66 

326 

141 
52 
62 

84 

166 

50 

11 

105 

412 
205 
492 
103 
155 

78 

97 

154 

108 

453 

93 
449 

449 


iv  Index. 

B. 

Page 
Bail  Commissioners  to  be  construed  to  be  included  iu  the  term  "  mag- 
istrate "  where  it  occurs  in  laws  providing  for  admitting  to  bail 
in  criminal  cases,  .......      214 

Bail  in  criminal  case,  party  forfeiting,  not  to  be  released  on  further 

bail  without  order  of  court,        ......      214 

Ballots,  recount  of,      .......  .      426 

"        and  check-lists,  preservation  of,     .  .  .  .  422,  424 

Back  Bay  Lands,  two  commissioners  may  execute  deed  of,         .  .      471 

Banister,  Julius  K.,  widow  of,  allowance  to,  .  .  .  .      485 

Bank,  Bass  River  Savings,  in  South  Yarmouth,  incorporated,    .  .       114 

"      Blackstone  Savings,  incorporated,    .....      318 

"      Emigrant  Sfivings,  in  Boston,  may  increase  estate,  .  .        65 

"      Mechanics'  Savings,  in  Boston,  incorporated,  .  .  .91 

"      Melrose  Savings,  time  extended  for  organizing,     .  .  ,      163 

"      Monument,  in  Charlestown,  charter  revived  for  conveyance  of 

estate,  ........        18 

"      Needham  Savings,  incorjiorated,       .....      101 

"      Newton  Savings,  name  established,  .  .  .  .  .50 

"      Old  Colony,  of  Plymouth,  charter  revived  for  purpose  of  con- 
veying real  estate,  ......      346 

"      Rockland,  in  Roxbury,  charter  revived  for  assigning  a  mort- 
gage,   •      .  .  105,  429 

Banks,  Savings,  rate  of  interest  received  on  loans,  to  be  stated  in  an- 
nual return,     ......        70 


"  "  amount  of  deposits  in,  limited,     . 

Barnard,  Charles  E.,  allowance  and  annuity  to,    . 
Barnstable  County  Mutual  Fire  Insurance  Comj)any,  charter  extended 

estate,         ........ 

Barre,  town  of,  may  raise  money  for  centennial  celebration, 
Barre  Falls  Reservoir  Company,  incorporated, 
Bass  River  Savings  Bank,  in  South  Yarmouth,  incorporated,     . 
Bath-houses,  floating,  in  Chelsea,  maintenance  authorized. 
Baths,  public,  may  be  maintained  by  cities  and  towns,  . 
Bearse,  Nelson  H.,  and  others,  may  build  wharf  in  Barnstable, . 
Beattle,  John,  junior,  may  build  wharf  in  Westport., 
Berkshire  Central  District  Court,  salary  of  clerk, 

"  Southern  District  Court,  salary  of  clerk, 

"  County,  hearing  of  probate  appeals  and  matters  in  equity 

in, 

Berkshire  County  Commissioners,  may  sell  county  property  iu  Great 
Barrington  and  borrow  money  for  new  buildings, 

Berlin,  First  Parish  in,  may  sell  real  estate. 

Betterments,  petitions  for  assessment  of  damages  or  for  abatement  for 
betterments  may  be  filed  in  clerk's  office  in  vacation,  etc.,  . 

Beverly,  town  of,  may  issue  bonds  to  fund  debt,  . 

Birds :  grouse,  partridges  and  woodcock,  time  for  taking,  General  Stat 
utes  amended,       ....... 


449 
491 

61 
71 

428 

114 
92 

139 
11 

196 
87 
91 

324 

55 
137 

193 
110 

67 


Index. 


Pag« 

Bishop  and  Clerk's  Lighthouse  ui  Vineyard  Sound,  jurisdiction  ceded 

to  United  States,  .  .  .  .  .  .  .  .92 

Blackstone  Savings  Bank,  incorporated,     .....      318 

Blandford,  First  Religious  Society  of,  incorporated,         .  .  .91 

Board  of  Agriculture,  Secretary  and  Chemist  of,  duties  concerning  an- 
alysis and  sale  of  commercial  fertilizers,       .       133 
"  "  to  report  to  legislature  concerning  width  of  rims 

of  wheels,  etc.,    .....      482 

Board  of  Health,  State,  to  establish  regulations  for  business  of  slaugh- 
tering swine,  etc.,  by  corporations,       .....      207 

Board  of  Registrars  of  voters  of  the  city  of  Boston  established,  prepa- 
ration and  revision  of  voting  lists,        .  .  .  .  .56 

Boards  of  Health,  having  acted  in  cases  of  infectious  disease,  to  retain 

charge  of  same  to  exclusion  of  overseers  of  poor,  expenses,  .        86 

Boat  Club,  Boston,  may  be  licensed  to  maintain  floating  boat-house,   .      217 

"        "      Shawmut,  may  construct  and  maintain  a  boat-house,  .      210 

Bonds  to  be  given  by  district  attorneys,  clerks  of  district  courts,  etc.,      449 

Bonds  of  joint  executors,  administrators  or  trustees,  may  be  joint  or 

separate,     .........      345 

Bonds,  Water  Loan,  City  of  Fall  River  may  issue  additional,     .  .      162 

"  "         "     town  of  Marlborough  may  issue,  not  exceeding 

$150,000, 172 

"  "  "     city  of  New  Bedford  may  issue  additional,  .  .       142 

"  "  "     city  of  Springfield  may  issue  additional,     .  .      162 

"  "  "     town  of  Woburn  may  issue  additional,        .  .        49 

Boston,  city  of.  Board  of  Registrars  of  voters  established  and  prepara- 
tion and  revision  of  voting  lists  provided  for ;  duties 
of  registrars  and  assistants,  certain  persons  not  to 
hold  the  oflice,  .  .  .  .  .  .56 

"  "     Fire    Department,     Charitable    Association,     charter 

amended,  ...  .  .      326 

"  "     portion  of  Brookline  annexed  to,   .  .  .  .      143 

"  "     may  appropriate  money  for  temporary  relief  of  the  poor,      411 

"  "     Chelsea  may  be  annexed  to,  .  .  .  217,  340 

«  "     niay  improve  Stony  Brook  for  surface  drainage,  .       126 

"  "     may  lay  out  street  and  construct  bridge  across  South 

Bay, 83,440 

"  "     may  take  land  and  property  for  landing  for  East  Boston 

Ferry-Boats,       ......        29 

"  "     to  maintain  Charles  River  and  Warren  Bridges,  .      175 

"  "     to  support  Maiden  Bridge,  .  .  .  .  .96 

"  "     Maverick  Cong.  Society  in,  may  sell  real  estate,  .        21 

"  "     Municipal  Court  of,  constables  to  attend  sessions,  .      110 

"  "  "  "        jurisdiction  of,  .  .  181,  315 

"  "     Normal  School  in,  establishment  ratified,  .  .      109 

"  "     Parker  Street  in,  to  be  repaired  by  Commonwealth,      .       195 

"  "     and  city  of  Cambridge,  may  construct  new  bridges  and 

avenues  across  Charles  River,  .  .  112,  224 

"  "     water  supply  for,      ......      453 


VI 


IXDEX. 


Page 
Boston,  city  of,  Winthrop  may  be  annexed  to,       .  .  .  .      309 

Boston,  Harbor  of,  flats  of  Commonwealtli  in,  improvement  of;  scrip 
and  interest  authorized  by  1872, 320,  §  5,  payable  in 
siicli  currency  as  the  governor  and  council  may 
direct,     .......      245 

"  "      appropriation  for  improvement  of  Commonweath's  flats 

in, 12 

"  "      improvement  at  Junction  Shoal  in,  .  •  .      221 

Boston  and  Albany  Railroad,  crossing  streets  at  grade  in  East  Boston,      481 
"  "  "         change  of  location  in  Weston  and  Need- 

ham,       .....        65 

"  "  "         to  remove  passenger  station  and  depot  in 

Natick,  .  .  .  .  .208 

"  "  "         may  aid  in  construction  of  Lee  and  Hud- 

son Railroad,    ....      450 

"  "  "         provisions  aftecting,  .  .  .    •  491 

Boston,  Barre  and  Gardner  Railroad,  time  for  locating  and  construct- 
ing, in  Winchendon, .  .        35 
"           '<                     "                "          may  unite  with  Worcester  and 

Nashua  Railroad  Co.,  .      217 

Boston,  Clinton  and  Fitchburg  Railroad  Company,  lease  to,  of  New 

Bedford  Railroad  Co.  made  valid,  .....       106 

Boston  Gas-Light  Company,  may  increase  capital,  .  .  .        73  • 

Boston,  Hartford  and  Erie  Railroad  Company,  trustees  of,  and  success- 
ors may  contract  for  lease  of  extension  of  Norwich  and  Worcester 
Railroad,    .........      166 

Boston,  Hartford  and  Erie  Railroad  Company,  corporation  dissolved,  .      318 
Boston  Highlands  Masonic  Building  Association,  incorporated, .  •      141 

Boston,  Hoosac  Tunnel  and  Western  Railroad  Company,  incorporated 

for  one  year,  ........      460 

Boston  and  Lowell  Railroad,  provisions  affecting,  .  .  .      455 

Boston  Mortgage  Company,  when  may  commence  business,  guarantee 

fund, 69 

Boston  and  Newton,  boundary  line  between,  changed,     .            .            .      189 
Boston,  Old  South  Society  in,  not  to  sell  meeting-house  until  author- 
ized by  S.  J.  C  ,     181 

Boston  Protective  Department,  for  discovery  and  prevention  of  fires, 

incorporated,         ........        58 

Boston  and  Providence  Railroad  Company  may  hold  certain  steamboat 

stock,       .  .  .64 

"  "  "  "         real  estate  may  be  conveyed 

to,  by  New  Bedford  Railroad  Co.,  .....        97 

Boston,  Revere  Beach  and  Lynn  Railroad  Co.,  may  establish  a  ferry 

between  Boston  and  East  Boston,         .....      106 

Boston  Safe  Deposit  Company,  name  changed  and  charter  amended,   .      406 
Boston  University,  to  enjoy  all  powers  and  franchises  belonging  to  the 

Female  Medical  College,  ■  .  .  .  .  .  .      188 

Boston  Water  Board,  may  be  established  by  the  city  council,    .  .      114 


In^dex. 


Vll 


Page 
Boston  and  West  Eosbury  Railroad  Company,  may  change  western 

teriuimis  of  road, ........  97 

Boston  Wharf  Company,  may  increase  capital  stock,       .            .            .  154 
Boston  Yonug  Men's  Christian  Union,  may  increase  estate,        .            .  12 
Boundary  line  between  Boston  and  Newton,  changed,     .            .            .  189 
Bradford,  Joseph,  and  H.  F.  Thomas  may  extend  wharf  in  Fall  River,  73 
Branches  and  extensions  of  railroads,  building  authorized  and  regu- 
lated,         .........  336 

Breaking  and  entering  of  railroad  cars,  penalty  for,         ,  .  .64 

Bribery  at  Elections,  penalties  for,  ......  340 

Bridge,  Charles  River,  to  be  maintained  by  city  of  Boston,        .            .  175 
"        across  Charles  River  between  Boston  and  Cambridge,  cities 

may  build,  ......  112,224 

"        across  Connecticut  River  between  Gill  and  Montague,  may  be 

constructed  by  county  commissioners  of  Franklin,  .            .  188 
"        Maiden,  to  be  supported  by  Boston,           .            .            .            .96 

"       over  North  River  between  Marshfield  and  Scituate,  may  be 

built,         ........  205 

"        Pawtucket,  to  be  maintained  by  city  of  Lowell,             .            .  160 

"        across  South  Bay,  city  of  Boston  may  construct,             .            .  83 
"        over  Taunton  Great  River,  Old  Colony  and  Newport  Railroad 

may  build,            .......  139 

"       Warren,  to  be  maintained  by  city  of  Boston,        .            .            .  175 

Bridge  Corporation,  TVTiite's  Ferry,  incoriiorated,              .             .             .  205 
Bridge-guards,  to  be  erected  when  bridge  crosses  railroad  less  than 

eighteen  feet  above  the  track,    .....  152,  385 

Bridges  in  the  town  of  Adams,  concerning,             ....  482 

Bridges  and  Avenues,  across  Charles  River,  cities  of  Boston  and  Cam- 
bridge may  build,  ......  112,  224 

Bridges,  draw,  in  railroads,  regulations  concerning,          .            .            .  382 

Bridges  and  public  ways,  relating  to,          ....            .  191 

Bridgewater  Iron  Manufactuiing  Company,  name  and  capital  estab- 
lished, acts  legalized,       .......  28 

Bridgewater  Normal  School,  allowance  to,             .....  485 

Brighton  Municipal  Court,  established,       .....  184 

Bristol  County  Agricultural  Society,  may  hold  real  estate  not  exceed- 
ing $100,000,           128 

Bristol  County  District  Courts,  First,  Second,  and  Third,  established,  200 

Brookliue,  town  of,  part  annexed  to  Boston,          ....  143 

Buckley,  Patrick,  allowance  for  injuries  at  Hoosac  Tunnel,        .            .  477 

Buckman,  George  C,  allowance  to,  .            .            .            .            .            .  490 

Building  of  branches  and  extensions  by  Railroad  Corporations  author- 
ized and  regulated,           .......  336 

Buildings  and  land,  liens  upon,  relating  to,            ...            .  308 

Bulmer,  John  E.,  allowed  state  aid,             .....  477 

Bunker,  James  M.,  allowance  to  widow  of,             ....  473 

Bureau  of  statistics  of  labor,  to  gather  industrial  statistics  of  the  state, 

and  make  abstracts  for  use  of  legislature,       ....  439 

75 


viii  Index. 


Bureau  of  statistics  of  labor,  to  prepare  plan  for  education  of  children 

in  mauufacturiug  establishments,         .....      483 

Burke,  Mary  Rosauuah,  allowed  state  aid,  ....       477 

Burley,  Susanna,  trustee  under  will  of,  conveyances  by,  confirmed,      .      155 

Buzzard's  Bay,  fisheries  in  head-waters  of,  jjrotected,      .  .  .      193 

Cambridge,  City  of,  may  construct  tide-gates  across  Alewife  brook,     .      125 

"  "  nuisance  in,  abatement  of,      .  .  .  104,  109 

"  Third  Uuiversalist  Society  in,  .  .  .  .79 

"  and  Boston,  bridges  between,  across  Charles  Eiver,  cities 

may  build, 112,224 

Cambridge  Improvement  Company,  incorporated,  .  .  .77 

Camp-grouuds  at  Framingham,  allowances  for  draining  and  grading, 

and  for  dwelling-house,  ......  470,  483 

Cardany  and  Miller  Furniture  Company,  name  changed,  .  .       142 

Cars,  Railroad,  penalty  for  breaking  aud  entering,  .  .  .64 

Catalogue  for  State  Library,  allowance  for,  ....      477 

Cate  National  Horseshoe  Company,  name  changed,  .  .  .35 

Catholic  Temperance  Benefit  Society,  Father  Matthew,  in  Lawrence, 

incorporated,         ........        74 

Cedar  Grove  Cemetery,  annual  report,  when  to  be  made,  .  .        72 

Cemetery,  Cedar  Grove,  annual  report,  w^hen  to  be  made,  .  .        72 

Cemetery  Corporations,  may  hold  funds  in  trust  for  care  of  lots,  etc.,       121 
Census,  Decennial,  of  the  Commonwealth,  to  be  taken  and  returned  to 

secretary  of  the  Commonwealth,  .....       439 

Centennial  celebration,  town  of  Lexington  may  raise  money  for,  71,  216 

Central  Berkshire  District  Court,  salary  of  clerk,  .  .  .87 

"      Middlesex  District  Court,  established,     ....      226 

"      Worcester  District  Court,  assistant  clerk,  salary,  .  .      104 

Certificates  of  Stock,  penalty  for  forgery  of,  .  .  .  .68 

Change  of  Names  of  Persons,  ......      549 

Chapman,  George  H.,  Jr.,  conveyance  to,  confirmed,        .  .  .      478 

Charitable  Association,  of  Boston  Fire  Department,  charter  amended,      326 
Charitable  Associations,  may  become  corporations,  .  .  .       412 

Charitable  Mechanic  Association,  Massachusetts,  may  erect   wooden 

building  in  Boston,  .......        84 

Charles  Kiver,  bridges  across,  between  Boston  and  Cambridge,  cities 

may  build, 112,224 

"  "       and  Warren    Bridges    to  be  maintained    by   city  of 

Boston,    .......       175 

Charlestown,  land  and  flats  of  Commonwealth  in.  Eastern  Railroad 

Co.  may  lay  tracks  over,  ......        49 

Charlestown  District  Municipal  Court,  salary  of  justice  and  clerk,       .      186 
Check-lists  aud  ballots,  preservation  of,     .  .  .  .  422,  424 

Chelmsford,  town  of,  part  annexed  to  City  of  Lowell,      .  •  .       161 

Chelsea,  city  of,  may  maintain  floating  bath-houses,        .  .  .92 

"  "       may  unite  with  city  of  Boston,     .  .  .  217,  340 

"  "       police  court  in,  district  enlarged,  salaries  of  justice 

and  clerk,  ......      130 

Chief  Constable  of  the  Commonwealth,  appointment  of,  .  .      463 


Index.  ix 

Page 
Children,  education  of,  employed  in  manufacturing  establisiiments, 

plan  for,  to  be  reported  to  legislature,      .  .  .      483 

"         employment  of,  at  public  exhibitions,   ....      191 

"         Minor,  custody  of,  when  parents  are  living  ajiart,      .  .      132 

Children's  Friend  Society,  Salem,  may  hold  additional  estate,   .  .      217 

Children's  Home   and  Home   for  Aged  Females  in  Eoxbury,  name 

changed,     .........       129 

Chisholm,  E.  H.,  allowance  for  mileage,      .....      470 

Christian  Union,  Boston  Youug  Meu's,  may  increase  estate,        .  .        12 

Church,  Episcopal,  in  Dedham,  name  changed  to  Samt  Paul's,  .  .        61 

"        Methodist  Episcoxial,  Trustees  of,  to  be  deemed  bodies  cor- 
porate  for  holding  in  succession, 
grants,  donations,  etc.,        .  .       114 

"  "  "  New  England  Conference,  Trustees  may 

convey  real  and  personal  estate,     .      177 
"        Pilgrim  Congregational,  in  Duxbury,  name  established,  .        74 

"        Union    Street    Methodist    Episcojpal,    of   Springfield,    name 

changed, .  ...  .  .  .  .  .52 

"        Wesleyau,  in  Duxbury,  name  changed,     .  .  .  .74 

Cities,  elections  in,  time  of  holding,  correction  of  voting  lists,  etc., 

22,  416,  422,  425 
"  "  statement  of  number  of  votes,  &c.,  not  to  be  made 

until  close  of  polls,         ....      426 

"      may  maintain  public  baths  and  wash-houses,       .  .  .      139 

"      records  relation  to  titles  to  laud,  to  be  preserved,  .  .       107 

"      sidewalks  in,  assessments  upon  abutters,  provisions  of  act  1872 

extended  to  towns  accepting  same,     .  .  .  .80 

"      treasurers  of,  as  tax  collectors,  may  appoint  deputies ;   may 

issue  warrants  for  collection  of  taxes,  .  .  .30 

Cities  and  towns,  may  take  stock  iu  railroad  corporations,         .  167,  359 

"  "        may  regulate  transportation  of  offal  of  slaughtered 

animals,        ......       152 

"  "        may  hold  stock  in  railroads  and  raise  money  by  tax 

or  loan  to  pay  for  same,      ....       167 

"  "        to  pay  fees  and  expenses  of  fii'e  inquests,      .  .      180 

"  "        may  lay  out  pxiblic  foot  ways,  .  .  .      209 

City  of  Boston,  may  appropriate  money  for  temiiorary  relief  of  the 

poor,     .......      411 

"  "         town  of  Winthrop  may  be  annexed  to,  .  .      309 

"  "         may  lay  out  street  and  construct  bridge  across  South 

Bay,     ......  83,  440 

"  "         water  supply  for,  ......      453 

"  "         may  imj)rove  Stony  Brook,  for  surface  drainage,        .       126 

"  "         portion  of  Brookline  annexed  to,  .  .  .       143 

"  "         Chelsea  may  be  annexed  to,       .  .  .  217,  340 

City  of  Cambridge,  may  construct  tide-gates  across  Alewife  brook,      .       125 

City  of  Chelsea,  may  be  annexed  to  city  of  Boston,  .  .  217,  340 

City  of  Fall  River,  may  issue  additional  Water  Bonds,    .  .  .      162 


Index. 


City  of  Fall  Eiver,  may  borrow  money  to  fund  floating  delit ;  to  estab- 
lish a  slaking  fund,  ...... 

City  of  Holyoke,  may  issue  bonds  for  fanding  debt, 

City  of  Lawrence,  allowance  for  support  of  insane  pauper, 

City  of  Lowell,  charter  amended,  salary  of  mayor,  etc.,  . 

"  "        part  of  Tewksbury  annexed  to,    . 

"  "        part  of  Chelmsford  annexed  to,    .  ... 

"  "        portion  of  Dracut  annexed  to,      ... 

"  "        to  maintain  Pawtucket  Bridge,     . 

City  of  New  Bedford,  mayor  to  be  chairman  of  school  commiittee, 

"  "  "        may  issue  additional  water  bonds, 

City  of  Newburyport,  may  take  stock  or  securities  of  Exeter  and  Sails 

bury  Railway  Company,  ..... 

City  of  Newton,  supply  of  water  for,  .... 

"  "         city  council  to  have  powers  of  county  commissioners 

in  altering  highways, 

"  "         city  council  may  alter  highways  in, 

"  "         mayor  and  aldermen  to  have  cliarge  of  Kenrick  Fund 

"         Somerville,  may  establish  a  fire  department, 

"  "  highways  in,  may  be  altered  by  city  council, 

"         Springfield,  may  issue  additional  water  bonds,     . 

"         "JVorcester,  allowance  to,       . 

"  "  sewers  and  drains  in,  assessments  for  to  constitute 

liens  uj»on  estates, .... 
Civil  Government,  list  of  state,  district  and  county  oflBcers, 
Civil  processes,  defective  service  of,  .... 

Clerk,  First,  of  Adjutant-General,  salary  established, 
Clerk  of  Courts  for  Franklin  County,  salary  established, 

"  "  in  Hampden  County,  allowance  for  extra  clerk  hire, 

"  "  in  Plymouth  County,  salary  increased,    . 

Clerk  of  District  Court  of  Central  Berkshire,  salary  established, 

"  "  "      of  East  Norfolk,  salary  established,     .    . 

"  "  "      of  Southern  Berkshire,  salary  established. 

Clerk  of  Municipal  Court  of  Taunton,  salary  estabhshed. 
Clerk  of  Police  Court  of  Fitchbiirg,  salary  established,    . 
"  "  "      of  Haverhill,  salary  established.     . 

"  "  "      of  SomerA^ille,  salary  established,  . 

Clerks  of  Courts  to  be  charged  with  fees  whether  collected  or  not 

when  fees  received  do  not  amount  to  legal  salary, 
Clerks  of  municipal,  district  and  police  courts,  to  give  bonds,   . 
Club,  Boston  Boat,  may  be  licensed  to  maintain  floating  boat-house, 

"     Lenox,  incorporated,     ...... 

"     Shawmut  Boat,  may  construct  and  maintain  a  boat-house, 
Cobb,  Samuel  C,  mayor  of  Boston,  Eesolve  on  petition  of, 
Cochituate  Water  Board,  abolished,  .... 

Collection  of  taxes,  assessors  may  issue   special  warrant  for,  when 

credit  of  a  person  is  doubtful,    ..... 
Collectors  of  taxes,  to  return  to  Selectmen  twice  a  year,  lists  of  per 
sons  who  have  paid  taxes,  ..... 


Page 

340 
140 
472 
163 
215 
161 
158 
160 
313 
142 

317 

87 

191 

338 
100 
121 
338 
162 
475 

125 
563 
119 
429 
180 
158 

45 

87 
344 

91 
156 

67 
134 
156 

63 
450 
217 

18 
210 
481 
115 

157 

415 


Index.  xi 

Page 
College,  Agricultural,  Massacliusetts,  allowance  to,         .  .  .      482 

"        Amherst,  trustees  to  be  elected  by  graduates,     .  .  .      131 

"        Female  Medical,  New  England,  may  unite  with  Boston  Uni- 
versity,   ......••      188 

College  and  Education  Society,  American,  established,    .  .  .53 

Commercial  Fertilizers,  to  be  accomijanied  by  an  analysis  when  offered 

for  sale,  .....      133 

"  "  license  to  be  issued  for  sale  of,    .  .  133,  429 

Commission  to  be  appointed,  concerning  revising  laws  relative  to 

taxation,  etc.,        ........      485 

Commission,  Police,  abolished,  ......      463 

Commissions,  etc.,  ordered  to  report  at  next  session,  to  report  during 

first  week  of  session,        .......      491 

Commissioner,  Insurance,  to  revise  codification  of  insurance  laws,       .      491 
"  "  method  to  be  followed  by,  in   computing 

amount  necessary  to  re-insure  outstand- 
ing risks  of  comi^anies,      .  .  .81 
"              Tax,  to  make  report  to  legislature,  concerning  tax  upon 

corporations,  etc.,  .....      232 

Commissioners,  County,  duties  of,  concerning  preservation  of  records,      107 
«  "       may  apportion  expense  of  maintaining  ferries 

between  towns,         ....      178 

«  "       of  Berkshire,   may  sell   county  property  in 

Great  Barriugton  and  borrow  money  for 
new  buildings,         .  .  .  .55 

«  «<         of  Dukes,  election  of,     .  .  .  .      316 

"  "         of  Essex,  may  borrow  money  to   complete 

jail,  etc.,  in  Lawrence,        .  .  .      478 

«  "         of   Franklin,   may   construct  highway  and 

bridge  over  Connecticut  River  between 
Gill  and  Montague,  .  .  .      198 

"  "         of  Hampden,  time  limited  for  taking  land  for 

court  house,  .....      157 

"  "         of  Hamxishire  County,  to  rebuild  roads  and 

bridges  destroyed  by  flood  in  Williams- 
burg, ......      313 

"  "         of   Hampshire   County,    may    allow    Ansel 

Wright,  Coroner,   not  exceeding  |1,000, 
for  expenses  at  inquest,      .  .  .      319 

"  "         of  Hampshire  County,  may  re-locate  and  dis- 

continue certain  highways  in  Northamp- 
ton and  Williamsburg,       .  .  .      431 
Commissioners,  Harbor,  to  settle  damages  caused  by  construction  of 

dike  across  East  Harbor,  etc.,         .  .      476 

"  "        may  license  dredging  out  of  portion  of  South 

Bay, 453 

"  "        may   contract    for    dredging    off   a    part    of 

Junction  Shoal,  ....      212 


Xll 


Index. 


Page 
Commissioners,  Harbor,  may  license  Boston  Boat  Clulj  to  maintain 

floating  boat-liouse,  ....      217 

"  "         may    license    persons    to    build    or    extend 

wharves,  .....      328 

Commissioners  of  Inland  Fisheries,  may  lease  Oyster  Pond  in  Dukes 

County,  .......        93 

"  of  Lunacy  to  be  appointed,  ....      343 

"  of  Public  Lands,  two,  may  execute  deeds,  .  .      471 

"  "  "       to  repair  Parker  Street  in  Boston,      .      195 

Commissioners,  Eailroad,  powers  and  duties,  ....      349 

"  "  to  report   concerning  railroad   crossings  in 

East  Boston,  .  .  .  .481 

"  "  to  certify  that  laws  relating  to  construction 

have  been  complied  with,  before  railroad 
is  opened  for  public  use,    .  .  .      147 

"  "  to  re^jort  to  General  Court,  result  of  legal 

proceedings  between  Scudder,  Bartlett  & 
Co.  and  Boston  and  Albany  Railroad,     .      491 
Committees  of  legislature  sitting  in  recess,  to  report  during  first  week 

of  session,  .........      491 

Commonwealth,  flats  of,  in  Boston  Harbor,  appropriation  for  imjirove- 

ment,  ......        12 

"  "      at    South    Boston,    material    dredged    from 

Junction  Shoal  to  be  used  for  filling,        .      212 
"  "      in  Boston  Harbor,  improvement  of;  scrip  and 

interest  authorized  by  1872,  320,  $  5,  pay- 
able in  such  currency  as  governor  and 
council  may  direct,  ....      345 

"  "      at  South  Boston,  terminal  grounds  for  rail- 

roads, .....      492 

"  land  of,  in  Charlestown,  Eastern  Railroad  Co.  may  lay 

tracks  over,      ......        49 

"  land  of,  in  Tewkesbury,  Lowell  and  Andover  Railroad 

may  cross,         ......        53 

"  lands  of,  flowed  by  tide-water,  to  be  paid  for  when 

wharf  is  built  below  low-water  mark,        .  .      193 

Conant,  Chester  C^,  allowance  to,      .  .  .  .  .  .      471 

Concord,  town  of,  may  raise  money  for  monument  and  dedication,       .        50 
Congregational  Church  in  Duxbury,  Pilgrim,  name  established,  .        74 

Congregational   Society,   Allen    Street,   of   North    Cambridge,  name 

changed,       .  .  .  .  .79 

"  "  First,  in  Falmouth,  maintenance  of  parson- 

age,   ......        85 

"  "  First,  in  Natick,  may  sell  real  estate,  .      327 

"  "  Maple  Street,  in  Dauvers,  dissolved,  .  .        74 

"  "  Maverick,  of  Boston,  estate,     .  .  .21 

"  "  Orthodox,  in  Jjeominster,  name  established,        27 

Connecticut  River,  fishery  in,  regulated,     .  .  .  .  .99 

Constable,  Chief,  of  the  Commonwealth,  appointment  of,  .  .      463 


Index.  xiii 

Page 

Convicts,  committed  for  non-payment  of  fine  and  costs  in  more  than 

one  case,  second  sentence  to  take  effect  after  expiration  of  first,     .       169 
Convicts,  discharged,  having  bodily  infirmity,  to  be  provided  for,        .      Ill 
Cook,  Ira,  in  favor  of,  .......      471 

Corporations,  established  under  general  laws,       .  .  .  109,  412 

"  organization,  defective  proceedings  corrected,  etc.,  .      330 

"  cemetery,  may  hold  funds  in  trust  for  improvement  of 

lots,  etc., 121 

"  Railroad,  cities  and  towns  may  take  stock  in,      .  167,  359 

"  Eailroad,  established  under  general  laws, .  .  209,  353 

"  Street  Railway,  formation  of,  powers  and  duties,  .        30 

"  for  swine-slaughtering  and  j)ork-packing,  etc.,  may  be 

formed,      .......      205 

Cotton  Mills,  Warren,  amount  of  capital  stock  limited,   .  .  .44 

County  Commissioners,  duties  of,  concerning  preservation  of  records,      107 
"  "  may  apportion  expense  of  maintaining  ferries 

between  towns,  ....      173 

County  Commissioners  of  Berkshire  may  sell  county  property  in  Great 
Barrington   and  borrow   money  for   new 
buildings,  .  .  .  .  .55 

"  "  of  Dukes  County,  election  of,      .  .  .      316 

"  "  of  Essex  County  may  borrow  money  to  com- 

plete jail,  etc.,  at  Lawrence,.  .  .      488 

"  "  of  Franklin   County  may  construct  highway 

and  bridge  over  Connecticut  River  between 
Gill  and  Montague,     ....      198 

"  "  of  Hampden  Couuty,  time  limited  for  taking 

land  for  court  house,  ....      157 

"  "  of  Hampshire   County,  to  rebuild  roads  and 

bridges  destroyed  by  flood  in  Williamsburg,      313 
"  "  of  Hampshire  County,  may  allow  Ansel  Wright, 

coroner,  not  exceeding  $1,000  for  expenses 
of  inquest,        .....      319 

"  "  of  Hampshire  County,  may  re-locate  and  dis- 

continue  highways  in  Northampton  and 
Williamsburg, .....      431 


County  Law  Library  Associations,  relating  to,      . 

County  taxes,  granted,  ...... 

County  Treasurer  of  Dukes  County,  salary  established,  . 
County  Treasurers,  to  notify  certain  public  officers  to  make  the  returns 
required  by  law,     .... 

"  "  to  make  retiirn  under  oath  to  auditor  amount  of 

fees,  etc.,  received  in  criminal  matters,. 
Court,  District,  of  Central  Berkshire,  salary  of  clerk, 
"  "         of  Southern  Berkshii'e,  salary  of  clerk,   . 

"  "         of  Essex  County,  First,  established, 

"  "         of  Eastern  Hampden,  Wilbraham  taken  from  district 

"  "         of  Central  Middlesex,  established, 

"  "         of  Eastern  Middlesex,  established, 


105 
479 

87 

450 

450 
87 
91 
147 
115 
226 
445 


XIV 


Index. 


Page 

Court,  District,  First,  of  Northern  Middlesex,  established,  .  .      191 

"  "         First,  of  Southern  Middlesex,  established,  .  37,  138 

"  "         of  East  Norfolk,  salaries  of  justice  and  clerk,     .  .      344 

"  "         First,  of  Plymouth,  established,   .  .  .  .229 

"  "         Second,  of  Plymouth,  established,  .  .  .      331 

"  "         Thii-d,  of  Plymouth,  established,  .  ,  .  .332 

"  "         Fourth,  of  Plymouth,  established,  .  .  .      332 

"  "         Second,  of  Eastern  Worcester,  established,         .  321,  430 

"  "         Central,  of  Worcester,  assistant  clerk,     .  .  .      104 

"  "         Second,  of  Southern  Worcester,  terms  of,  salaries  of 

justices,  ......        70 

Court,  Municipal,  of  Boston,  constables  to  attend  sessions,  .  .      110 

"  "  of  Brighton  District,  established,  .  .  .184 

"  "  of  Charlestown  District,  salaries  of  justice  and  clerk,      186 

"  "  of  Dorchester  District,  jurisdiction  of,  .  .      181 

"  "  "  "        salaries  of  justice  and  clerk,  .      324 

"  "  of  East  Boston  District,  established,    .  .  .       185 

**  "  of  Highland  District,  jurisdiction  of,  name,   .  .       181 

"  "  of  South  Boston  District,  established,  .  .      185 

"  "  of  Taunton,  salaries  of  justice  and  clerk,        .  .      156 

"  "  of  West  Roxbury  District,  established,  .  .      184 

Court,  Police,  of  Chelsea,  district  eularged,  salaries  of  justice  and  clerk,      130 
"  "      of  Fitchburg,  salary  of  clerk,  .  .  .  .67 

"  "      of  Haverhill,  salaries  of  justice  and  clerk,  .  .  .      134 

"  "      of  Lee,  salary  of  justice,         .....       Ill 

"  "      of  Somerville,  salaries  of  justice  and  clerk,  .  .      156 

"  "      of  Springfield,  judicial  district  eularged,  salaries,  .       115 

Court,  Probate,  in  Essex  County,  times  and  places  of  holding,  .  .       187 

Court,  Superior,  rules  of  practice  in,  amended,      ....      163 

"  "  special  terms  for  criminal  business,        .  .  .       129 

"  "  in  Dukes  County,  terms  of,  .  .  .  .36 

Court,  Supreme  Judicial,  opinions  of,  custody  and  examination  before 

publication,  .  .  .  .45 

"  "  "         to  have  full  equity  jurisdiction  on  informa- 

tion filed  by  attorney-general  of  viola- 
tions of  law  relating  to  railroad  crossings 
and  routes  through  towns,  .  .        86 

"  "  "         rules  of  practice  in,  amended,  .  .  .      163 

"  "  "         to  have  jurisdiction  in  equity  to  compel  com- 

pliance with  orders  of  railroad  commis- 
sioners under  1874,  387,       .  .  .441 
"            "                "         equity  powers  not  affected  by  provisions  of 

1873,  167,       .  .  .  .  .199 

"  "  "         equity  powers  to  compel  compliance  of  orders 

relative  to  alterations  of  railroad  cross- 
ings, .  .  .  .  .  .213 

"  "  "         duties  relative  to  probate  appeals,  matters  in 

equity,  etc.,  for  four  Western  counties,    .      324 
Court  House  in  Hampden  County,  time  limited  for  taking  land  for,     .      157 


Index. 


XV 


Page 


Courts,  Clerts  of,  in  the  several  counties,  to  be  charged  with  fees 
whether  collected  or  not,  when  fees  received  do  not  amount  to 
legal  salary,  ........ 

Courts,  District,  appeals  from  to  Superior  Coui't;    compensation   of 
special  justices,         ..... 

"  "  First,  Second  and  Thii-d,  in  Bristol  County,  estab- 

lished, ...... 

"  "  fees,  decisions  upon  pleas  in  abatement,  exceptions 

and  appeals,  appointment  of  auditors  and  assist- 
ant clerks,  copies  relating  to  question*  of  law  on 
appeal,  accounts  for  services  at  jury  trials,  etc., 
Courts,  Municipal,  of  Boston,  concerning  jurisdiction  of, 
Covirts,  Municipal,  district  and  police,  clerks  of,  to  give  bonds. 
Courts  in  Plymouth  County,  salary  of  clerk,  ... 

Courts,  Probate,  to  have  concurrent  jurisdiction  with  S.  J.  C.  in  rela- 
tion to  partition  of  lands,      ... 
"  "        practice  in,  concerning,     .... 

"  "        jurisdiction  of,         ....  . 

"  "        in  Hampden  County,  times  and  places  of  holding, 

"  "        in  Hampshire  County,  additional  terms  at  Amherst, 

Crews  of  vessels,  desertion  of,  penalty  for  aiding  in. 
Criminal  business,  special  terms  of  Superior  Court  for,    . 
Criminal  cases,  appeals  in,  T\ithdrawal  may  be  permitted, 

"  "      bail  in,  when  forfeited,  party  not  to  be  released  on 

further  bail  without  order  of  court, 
Criminal  insane,  custody  and  treatment  of,  .  .  . 

Crimiual  prosecutions  in  the  State  of  Maine,  witnesses  in  this  State 
may  be  summoned  to  attend,     ..... 

Cross-dam  in  Boston,  to  be  repaired  by  Commonwealth,  etc., 
Crossing  and  public  carriage-way  established  in  Natick, 
Crossing  of  Railroads  by  highways  and  town  ways,  concerning  altera- 
tion of,  etc.,  .......  213,  375 


63 


319 


200 


41 
181,  315 
450 
45 

179 
327 

338 
105 
100 

67 
129 

36 

214 
346 

101 
195 

208 


D. 

Damages,  distribution  of,  in  cases  of  water  supply  and  laying  out,  etc., 

ways,          .            .             .......  441 

Damages  for  obstructions  to  private  ways  by  railroads,  applications 

for,  to  be  made  within  three  years,            .            .            .  343 

"  sustained  by  laying  out  or  altering  highways  or  other  ways, 

relating  to,      .            .            .            .            .            .            .  325 

"          for  taking  land  for  school  purposes,      ....  326 

Danvers  Lunatic  Asylum,  homicidal  insane  at,  treatment  of,     .            .  346 

"              "             "         loan  for  construction  of,  sinking  fund,  etc.,  444 

Danvers,  Maple  Street  Congregational  Society  in,  dissolved,      .            .  74 

Danvers,  town  of,  water  supply  for,            .....  122 

Decennial  Census  of  the  Commonwealth,  to  be  taken,     .            .            .  439 

Dedham,  Episcopal  Church  in,  name  changed  to  St.  Paul's,        .            .  61 

DeiJositions  to  perpetuate  testimony,           .....  209 
76 


XVI 


In^dex. 


Page 
Deposits  in  Savings  Banks,  amount  limited,  ....      449 

Derby,  George,  widow  of,  allowance  to,      .  .  .  .  .      490 

Desertion  of  crews  of  vessels,  penalty  for  aiding  or  enticing,      .  .        67 

Disabled  Soldiers  and  Sailors,  state  aid  for,  time  extended  for  pay- 
ment of,     ........  .      475 

Disabled  Soldiers'  Employment  Bnrean,  allowance  to,     .  .  .      475 

Discharged  Convicts,  having  bodily  infirmities,  to  be  provided  for,      .      Ill 
Discharged  Female  Prisoners,  allowance  for  assistance  to,  .  .      475 

Diseases,  dangerous  to  public  health,  boards  of  health  having  acted, 
to  retain  charge  of  cases  to  exclusion  of  overseers  of  poor,  ex- 
penses,       .........        86 

District- Attorney  for  Suffolk,  second  assistant,  may  be  appointed,        .       108 
District-Attorneys  to  give  bonds,     ......      449 

"  to  commence  suits  upon  forfeited  criminal  recogni- 

zances within  sixty  days,.  .  .  .      449 

District  Court  of  Central  Berkshire,  salary  of  clerk,        .  .  .87 

"  "  Southern  Berkshire,  salary  of  clerk,      .  .  .91 

«  "  Bristol  County,  First,  Second  and  Third,  established,      200 

"  "  Essex  County,  First,  established,  .  .  .      147 

"  "  Eastern  Hampden,  Wilbraham  taken  from  judicial 

district,  ......      115 

"  "  East  Norfolk,  salaries  of  justice  and  clerk,       .  .      344 

"  "  Eastern  Middlesex,  established,  .  .  .      445 

«  "  Central  Middlesex,  established,  .  .  ,  .226 

"  "  Northern  Middlesex,  First,  established,  .  .      191 

«  "  Plymouth,  First,  established,      .  .  .  .229 

«  "  "  Second,  established,  .  .  .  .331 

«  "  "         Third,  established,     .  .  .  .332 

"  "  "         Fourth,  established,  .  .  .  .332 

"  "  Southern  Middlesex,  First,  established,  .  37,  138 

"  "  Central  Worcester,  assistant  clerk,        ,  .  .       104 

"  "  Southern  Worcester,  Second,  terms   of,   salaries  of 

justices,  ......        70 

"  "  Eastern  Worcester,  Second,  established,  .  321, 430 

District  Courts,  appeals  from  to  Superior  Court,  compensation  of  special 

justices,  ......      319 

"  "        fees,  new  trials,  decisions  upon  pleas  in  abatement, 

exceptions  and  appeals,  appointment  of  auditors, 
copies  relating  to   questions  of  law  on   appeal, 
accounts  for  services  at  jury  trials,  appointment 
of  assistant  clerks,  etc.,  .  .  .  .41 

Districts,  Fire,  may  raise  money  for  purchase  of  engines,       .     .  •      102 

Dividends  of  Joint  Stock  Fire  and  Marine  Insurance  Companies,  relat- 
ing to,         ........  .      146 

Divorces  from  the  bonds  of  matrimony,  concerning,        .  .  .      451 

Donations  for  Education  in  Turkey,  trustees  incorporated,        .  .        76 

Dorchester  District  Municipal  Court,  jurisdiction  of,        .  .  .      181 

"  "  "  "       salaries  of  justice  and  clerk,       .      324 


IxDEX.  xvii 

Page 
Dower,  writ  of,  when  judgment  is  recovered  in,  execution  to  issue  for 

possession  and  damages, .......      325 

Dracut,  town  of,  portion  annexed  to  Lowell,         ....      158 

Drawbridges  in  railroads,  regulations  concerning,  .  .  .      382 

Dukes  County,  commissioners  and  si:»ecial  commissioners,  election  of,  .      316 

"  "        terms  of  Superior  Court  in,  .  .  .  .36 

"  "        treasurer  of,  salary  established,     .  .  .  .87 

Duxbury,  Wesleyan  Church  in,  name  changed,     .  .  .  .74 

Duxbury  and  Cohasset  Railroad  Company,  time  extended  for  con- 
structing road  in  Duxbury  and  Kingston,  annual  meeting,  .        62 
Duxbury  Improvement  Company,  name  established,        .            .            .      443 
Duxbury  Pier  Light-house,  jurisdiction  ceded  to  U.  S.,    .             .             .92 
Duxbury  Wharf  Company,  may  increase  capital  stock.   Name  changed 

to  Duxbury  Improvement  Company,    .....      443 

E. 

East  Boston,  Central  Square  Baptist  Society,  proceedings  made  valid,       177 
"  "        ferry-boats,  city  may  take  lands  and  property  for  a  laud- 

ing, .......        29 

"  "        municipal  court,  established,  ....      185 

"  "        streets  crossed  by  railroads,  concerning,      .  .  .      481 

East  Harbor  Creek  jp.  Provincetown  and  Truro,  flats,  meadows  and 

beaches  on,  ........      476 

East  Norfolk,  District  Court,  salaries  of  justice  and  clerk,         .  .      344 

Eastern   Railroad  Company  may  lay  tracks   over   Commonwealth's 

lands  in  Charlestown,  .  .        49 

"  "  "  may  confirm  bonds  already  issued,  and 

issue  new,  .  .  .  .68 

"  "  "  crossing  streets  at  grade  in  East  Boston, 

concerning,        ....      481 

Eastern  Hampden  District  Court,  Wilbraham  taken  fi'om  district,        .      115 
Eastern  Middlesex,  First  District  Court  established,        .  .  .      445 

Eastern  Worcester  District  Court,  Second,  established,   .  .  321,  430 

Education   of  children  employed  in  manufacturing  establishments, 

plan  for,  to  be  reported  to  legislature, .....      483 

Education  Society,  American,  and  Society  for  promotion  of  Collegiate 

and  Theological  Education,  united,       .  .  .  .  .53 

Education  in  Turkey,  trustees  of  donations  for,  incorporated,    .  .        76 

Educational  associations,  may  become  corporations,        .  .  ,      412 

Educational  purposes,  ap^iropriation  for,    .....      155 

Elections,  relating  to,  .......      414 

"  meetings  for  may  be  opened  as  early  as  7  A.  M.,  and  shall 

be  opened  as  early  as  2  P.  M.,         ....      417 

"  of  representatives  to  the   General   Court,  duties   of  city, 

town  and  ward  officers  relating  to,  ...      418 

"  duplicate  certificates  of,  .  .  .  .  .  .      420 

"  preservation  of  ballots  and  check -lists,  .  .  422,  424 

"  when  voter  is  challenged  at,  duties  of  officers,  .  423,  425 


xviii  Iis^DEX. 


Elections  of  ward  officers  in  cities,  .....      425 

"  re-count  of  ballots,  .....  424,  426 

"  laws  relating  to,  to  be  printed  by  the  Secretary  of  the  Com- 

monwealth, and  transmitted  to  towns  and  cities,  .      492 

"  bribery  at,  penalties  for,  .....      340 

"  in  cities,  time  of  holding,  correction  of  voting  lists,  .  .        22 

Elevators,  Grain,  construction  of,  railroad  corporations  may  aid,  .      432 

Embezzlement  by  receivers  and  officers  appointed  by  coui'ts  of  record, 

penalty,      .........        68 

Emigrant  Savings  Bank,  may  increase  estate,       .  .  .  .65 

Employes  of  railroad  corporations  connected  with  transportation  of 

passengers  and  their  luggage,  to  wear  uniform  caj),  etc.,      .  .      199 

Employment  of  children  at  public  exhibitions,     ....       191 

Encampments,  etc.,  of  militia  at  Concord,  history  of,  to  be  placed  in 

State  library,         ........      490 

Endorsers  of  promissory  notes,  relative  to,  ....      463 

Engines,  penalty  for  obstructing,  while  going  to  fire,       .  .  .42 

Ei)iscopal  Church  in  Dedham,  name  changed  to  Saint  Paul's,     .  .        61 

Equitable  Life  Assurance  Society  of  the  United  States,  may  hold  real 

estate,         .........        11 

Equity  matters  in  four  western  counties,  hearing  by  juc^ges  of  S.  J.  C,      324 
Equity  powers  of  Supreme  Judicial  Coiu't,  on  information  filed  by  attor- 
ney-general of  violations  of  law  relating  to  railroad  crossings  and 
routes  through  towns,      .......        86 

Equity  powers  of  Supreme  Judicial  Court,  not  affected  by  provisions 

of  1873,  167, .199 

Equity  powers  of  Supreme  Judicial  Court,  to  comx^el  compliance  with 

orders  relative  to  railroad  crossings,     .....      213 

Equity  powers  of  Supreme  Judicial  Court,  to  compel  compliance  with 

orders  of  railroad  commissioners  under  1874,  387,       .  .  .      441 

Essex,  town  of,  public  landing  place  in,  discontinued,     .  .  .      338 

Essex  County,  commissioners  may  borrow  money  to   comj)lete  jail, 

etc.,  at  Lawrence,        .....      478 

"  "         District  Court,  First,  established,  .  .  .147 

"  "         Probate  Courts,  times  and  places  of  holding,     .  .       187 

Estates,  administration  of  by  j)ublic  administrators,  when  no  heir  ap- 
pears within  two  years,  burden  of  proof  of  existence  to 
be  upon  administrator,  .  .  .  .  .80 

"      intestate,  distribution  of,  concerning  expediency  of  changing 

the  laws,  .......      488 

Evangelical  Society  in  Leominster,  name  changed,  .  .  .27 

Execution,  amount  of  household  furniture  exempt  from,  .  .        42 

"  sale  of  land  on,  relating  to,       .  .  .  .  .      120 

Executors,  unauthorized  acts  of,  to  relieve  parties  affected  by,  .  .      327 

"         Joint,  may  give  joint  or  separate  bonds,  ...  .      345 

Exeter  and  Salisbury  Railway  Company,  charter  revived,  and  time 

for  location  and  construction  extended,  .  .  .  .97 

Exeter  and   Salisbury  Railway  Comx^auy,  city  of  Newbvuyport  may 

take  stock  or  securities  of,  .....  .      317 


IXDEX.  Xix 

Page 
Exhibitions,  Public,  license  not  to   be  granted  for,  where   children 

under  fifteen  are  employed  as  gymnasts,         ....  191 

Extinguishment  of  fires  in  woodlands,  back  fires  may  be  set  for,          .  153 

Extensions  of  railroads,  building  authorized  and  regulated,      .            .  336 

Eye  and  Ear  Infiurmary,  Massachusetts  Charitable,  allowance  to,           .  476 


F. 

Fall  Hill  Water  Company,  incorporated,  corporations  in  Orange  may 

hold  stock  of,        ........  93 

Fall  Eivcr,  city  of,  may  issue  additional  water  bonds,      .            .            .  162 
"              "        may  borrow  money  to  fund  floating  debt ;  to  estab- 
lish a  sinking  fund,             ....  340 

Fall  Eiver  Police  Court  abolished,  ......  204 

Fall  Elver,  shell-fisbery  regidated,  ......  118 

Fall  Eiver,  Warren  and  Providence  Eailroad,  may  be  entered  upon  by 

Old  Colony  Railroad  Company,             .....  139 

Falmouth,  First  Congregational  Society  in,  maintenance  of  parsonage,  85 

Farran,  John,  allowed  state  aid,       ......  480 

Father  Mathew  Catholic   Temperance  Benefit  Society,  in  Lawrence, 

incorjjorated,   ......  74 

"             "        Total  Abstinence  Society,  in  Lowell,  incorporated,      .  85 
Fees  at  fire  inquests,  to  be  paid  by  cities  and  towns,  where  projjerty 

was  destroyed,      ........  180 

Fees,  jiayable  into  Treasury  of  Commonwealth,  to  be  paid  over  monthly,  342 
Female  Medical  College,  New  England,  may  unite  with  Boston  Uni- 
versity,      .........  188 

Female  Prisoners,  Discharged,  allowance  for  assistance  of,         .            .  475 
Ferret,  use  of,  in  hunting  rabbits,  prohibited,        .            .            .            .53- 

Ferries  between  towns,  county  commissioners  may  apportion  expense 

of  maintaining,     ........  178 

Ferry  between  Boston  and  East  Boston,  may  be  established  by  Boston, 

Eevere  Beach  and  Lynn  Eailroad  Company,  ....  106 

Ferry,  East  Boston,  city  may  take  land  and  i^roperty  for  a  landing,     .  29 
Fertilizers,  Commercial,   to  be   accompanied  by  an  analysis,   when 

ofiered  for  sale,        ....  133 

"                   "              license  to  be  issued  for  sale  of,             .           133,  429 
Fines  and  costs,  non-payment  of,  convicts  committed  for  in  more  than 

one  case,  second  sentence  to  take  eflect  after  expiration  of  first,    .  169 

Fire  Department,  Charitable  Association,  of  Boston,  charter  amended,  326 

Fire  Department,  in  Somerville,  may  be  established,       .            .            .  121 

Fire  District,  North  Weymouth,  dissolved,             ....  126 
Fire  Districts  may  raise  money  for  purchase  of  engines, — Treasurer, 

Prudential  Committee,    .......  102 

Fire  Engines  and  apjiaratus,  penalty  for  obstructing,  while  going  to 

fires,            .........  42 

Fire  Inquests,  fees  and  expenses  to  be  paid  by  city  or  town  where 

property  was  destroyed, .......  180 


XX 


Index. 


Fire  Insurance  Companies  in  Boston,  officers  of,  may  associate  as  Bos- 
ton Protective  Department,        ...... 

Fire  Insurance  Companies  of  other  states,  time  for  increasing  capital 
extended,   ........ 

Fire  and  Marine  Insurance  Companies,  Joint-Stock,  dividends  of. 
Fires  in  Woodlands,  extinguishment  of,  back  fires  may  be  set  by  fire 
wards,         ........ 

First  Christian  Church  and  Society  in  Lynn,  and  Mutual  Sewing  So- 
ciety connected  therewith,  may  sell  land  and  chapel. 
First  Congregational  Society  in  Falmouth,  maintenance  of  parsonage. 
First  Congregational  Society  in  Natick  may  sell  real  estate, 
First  District  Court  of  Bristol  County  established, 
"  "  "      of  Essex  County  established, 

"  "  "      of  Eastern  Middlesex  established,     . 

"  "  "      of  Northern  Middlesex  established,  . 

"  ''  "      of  Southern  Middlesex  established,  . 

"  "  "      of  Plymouth  established. 

First  Parish  in  Berlin  may  sell  real  estate, 

"  "      in  Medford,  trustees  of  ministerial  fund,  estate, 

First  Religious  Society  of  Blandford  incorporated, 
Fish,  penalty  for  taking,  from  private  pond  without  consent  of  owner. 
Fish,  useful,  towns  alone  or  jointly,  may  take  leases  of  ponds  for  culti 

vation  of,    . 
Fisheries,  Inland,  commissioners  may  lease  Oyster  Pond  in  Dukes 
County,  ...... 

"        in  Head-waters  of  Buzzard's  Bay,  protected,    . 
"        trout  and  land-locked  salmon  protected, 
Fishery  in  Connecticut  and  Merrimack  Rivers,  regulated, 
Fishery,  Shell,  in  Mount  Hope  Bay,  regulated,      . 

"       Smelt,  smelts  not  to  be  sold  or  had  in  possession  between 
May  15th  and  June  1st,  .... 

Fishing  in  ponds  and  reservoirs  owned  by  city  of  Worcester,  pro 
hibited,    ....... 

"      in  private  ponds  without  consent  of  owner,  prohibited, 
Fitchburg,  Police  Court  of,  salary  of  clerk, 

Fitchbui'g  Railroad,  may  construct  additional  tracks,  increase  capital 
stock,  etc.,  ..... 

"  "  allowance  to,     . 

Fitchburg  Street  Railway,  time  extended  for  locatiug  and  construct 

ing. 

Flats,  may  be  filled  under  authority  from  Harbor  Commissioners 
Flats  of  Commonwealth  in  Boston  Harbor,  improvement  of,  scrip  and 

interest  authorized  by  1872,  320,  ij  5,  payable  in  such  cui-rency  as 

governor  and  council  may  direct,  .... 

Flats  of  Commonwealth  in  Boston  Harbor,  appropriation  for  improve 

ment  of,      .......  • 

Flats  of  Commonwealth  in  Boston  Harbor,  material  dredged  from  June 

tion  Shoal  to  be  used  for  filling,  .... 


Page 

58 

26 
146 

153 

210 

85 

327 

200 

147 

445 

191 

37,  138 

229 

137 

51 

91 

69 

95 

93 
193 
119 

99 
118 

103 

71 
69 

67 

457 

484 

163 

328 


345 


12 


212 


Index. 


XXI 


Page 
Flats  of  Common-Health  in  Charlestown,  Eastern  Railroad  Company, 

may  lay  tracks  over,     .......  49 

Flats  of  Commonwealth  iu  Sonth  Boston,  terminal  gronud  for  railroads,  492 
Flax  Poud  Water  Company,  incorporated  to  8uj)ply  Lynn  and  other 

places  with  pure  water,  .......  196 

Foot-ways  for  the  use  of  the  public,  cities  and  towns  may  lay  out,      .  209 
Forgery  of  certificates  of  stock  or  evidences  of  title  to  property, 

penalty,      .........  68 

Framingham,  camp-grounds  at,  allowances  for  grading,  draining  and 

fencing,  etc.,         .....  470,  483 

"  overseers  of  poor  of,  allowance  to,  for  benefit  of  John 

McGrath, 474 

Franklin  County,  clerk  of  courts,  salary  increased,           .            .            .  180 
"              "        commissioners  may  constnict  highway  and  bridge 
over  Connecticut  River,  between  GiU  and  Mon- 
tague,.            ......  198 

"              "        hearing  of  probate  appeals  and  matters  in  equity  in,  324 

"              "        judge  and  register  of  probate,  etc.,  salary,        .            .  346 

French  and  National  Union  of  Lawrence,  iucorjiorated,  .  .  .84 

Fund,  Ministerial,  for  First  Parish  in  Medford,  trustees,  estate,             .  51 

Fund,  School,  Massachusetts,  distribution  of,        .            .            .            .  329 

Furnald,  Nehemiah  C,  allowed  state  aid,    .....  474 

Fiu'niture,  household,  amount  exempt  from  execution,    .            .            .  •  42 


G. 

Gas  Light  Company,  Boston,  may  increase  capital. 

Gill  and  Montague,  towns  of,  bridge  over  Connecticut  River  between, 

Gilley,  Natina  S.,  allowed  state  aid,  .... 

Gloucester  Harbor,  line  changed,      ..... 

Governor,  address  of,  to  legislature,  .... 

Governor,  special  messages  of,  to  legislature. 

Grain  elevators,  construction  of,  Railroad  Corporations  may  aid, 

Graud  jury,  for  Norfolk  for  1874,  to  be  deemed  legally  di-awn,    . 

Grand  Lodge  of  the  Knights  of  Pythias,  incorporated,    . 

Grand  Temple  of  Honor  and    Temperance  iu  Massachusetts,  incor 

porated,      ........ 

Great  Barrington,  town  of,  may  purchase  land  for  public  buildings  and 

unite  with  county  iu  erecting,  ..... 
Greenwood,  William,  deed  to,  confirmed,    .... 
Groton,  town  of,  action  of  town  meeting  legalized, 
Grouse,  time  for  taking,  G.  S.  amended,      .... 
Guardians,  not  to  be  licensed  to  sell  real  estate  of  adult  ward  without 
notice  to  overseers  of  poor, 
"  unauthorized  acts  of,  to  reUeve  parties  affected  by,  . 


73 

198 
484 
194 
494 
519 
432 
116 
72 


55 
473 
111 

67 

130 
327 


xxu 


Index. 


H. 

Haley,  Patrick,  allowance  for  military  bounty, 

Hammond,  AVilliam  H.,  allowed  state  aid,  .... 

Hampden  County,  Clerk  of  courts,  allowed  for  extra  clerk-liire, 
Hampden  County  Commissioners,  time  limited  for  taking  land  for 
court-house,  ....... 

Hampden  County,  Eastern  district  court,  Wilbraliam  taken  from  dis- 
trict, ...... 

"  "        Judge  and  Kegister  of   Probate   and   Insolvency, 

salaries,         ..... 

"  "        Probate  Courts,  times  and  places  of  holding, 

"  "        hearing  of  probate  appeals  and  matters  in  equity 

in> 

Hampshire  County,  to  rebuild  roads  and  bridges  destroyed  by  flood  in 
Williamsburg,  and  be  reimbursed  by  state, 
"  "        Probate  Court,  additional  terms  at  Amherst, 

"  "        hearing  of  probate  appeals  and  matters  in  equity  in, 

"  "        Register  of  Probate,  etc.,  Luke  Lyman,  acts  con- 

firmed,        ..... 

"  "        salaries  of  judge  and  register  of  probate,  etc., 

Hftinpshu-e  County  Commissioners,  may  allow  Ansel  Wright,  Coroner 

for  expenses  of  inquest, 
Hampshire  Couuty  Commissioners,  may  relocate  and  discontinue  cer 

tain  highways  in  Northampton  and  Williamsburg,    . 
Harbor  Commissioners,  may  contract  for  dredging  off  a  portion   of 
Junction  Shoal, 
"  "  '  may  license   Boston   Boat   Club  to  maintain 

floating  boat-house  on  Charles  River, 

"  "  may  license  di'edging  portion  of  South  Bay, 

"  "  may    license    persons    to    build    or    extend 

wharves,  .  .  .  .  . 

"  "  to  settle  damages  caused  by  construction  of 

dike    across    East  Harbor    in    Province- 
town,  ..... 

Harbor  of  Boston,  Commonwealth's  flats  in,   appropriation  for   im- 
provement, ........ 

Harbor  of  Boston,  Commonwealth's  flats  in,  improvement  of;  scrip 
and  interest  authorized  by  1872,  320,  §  5,  payable  in  such  currency 
as  governor  and  council  may  direct. 
Harbor  of  Boston,  Junction  Shoal  to  be  dredged  off. 
Harbor  line  established  on  the  South  Channel  of  Mystic  River, 
Harbor  line  changed  in  Gloucester  Harbor, 
Hares,  hunting  of,  use  of  ferret  prohibited, 
Harvey,  Catherine,  allowed  state  aid, 
Haverhill  Police  Court,  salaries  of  justice  and  clerk, 
Hawkes,  Elihu  S.,  allowance  to,  . 
Hayes,  George,  allowance  to,  ... 


Page 

480 
472 
158 

157 

115 

162 
105 

324 

313 
100 
324 

478 
315 

319 

431 

212 

217 
453 

328 

476 
12 


345 
212 
211 
194 
53 
474 
134 
487 
490 


Index. 


XXIU 


Page 


Health,  Public,  diseases  dangerous  to,  boards  of  health  having  acted, 
to  retain  charge  of  cases  to  exclusion  of  overseers  of  poor,  ex- 
penses,       ......... 

Health,  State  Board  of,  to  establish  regulations  for  carrying  on  busi- 
ness of  swine-slaughtering,  etc.,  by  corporations, 
Hibernians,  Ancient  Order  of,  in  Fall  River,  incorporated, 
Highhmd  District  Municipal  Court  of  Boston,  jurisdiction  of,    . 
HighAvays  and  other  ways,  damages  sustained  by  laying  out  or  altering. 
Highways  and  town  ways,  laying  out  of,    . 
Highways  crossing  railroads,  alteration  of  crossings,  etc.,  .  213,  375 

Highways  in  the  cities  of  Newton  and  Somerville,  city  councils  may 
alter,  etc.,  ........ 

Hollis,  Elisha  P.,  administrator,  deed  of,  confirmed, 

Holton,  Susan  W.,  in  favor  of,  .  .  ... 

Holyoke,  city  of,  may  issue  bonds  for  funding  debt, 
Home  for  Aged  Women,  Lynn,  incorporated, 
Home,  Old  Men's,  in  Worcester,  incorporated. 
Homicidal  Insane,  custody  and  treatment  of,         . 
Hoosac  Tunnel,  construction  of  archways  in  eastern  and  central  divi 
sions  of, . 
"  "        management  of,       . 

"  "        appropriation  for  engineering,  etc.. 

Horseshoe  Company,  Cate  National,  name  changed, 
Hosjiital  for  Insane  in  North-Eastern  part  of  the  State,  additional  ap 
propriation  for,     ....... 

Hospital,  Salem,  may  increase  estate,  .... 

Hospital,  State  Lunatic,  at  Taunton,  appropriation  for  enlargement. 
Hospital,  State  Lunatic,  at  Worcester,  trustees  may  sell  aqueduct, 
"  "  "         "  "         homicidal    insane    at,   custody 

and  treatment  of,    . 
"  "  "         "  "         appropriation  of    $250,000  for 

erection  of  new  building, 
Hotel  and  Land  Company  in  Princeton,  Wachusett  Mountain  Com- 

jiany,  incorporated,  .  .  .  .  .  .  .      341 

Hours  of  labor  in  manufacturing  establishments,  regulated,       .  .      145 

House  of  the  Angel  Guardian,  trustees  may  hold  additional  estate,      .      101 
Household  Furniture,  amount  exempt  from  execution,    .  .  .42 

Howes,  William  B.,  trustee,  conveyances  by,  confirmed, .  .  .       155 

Husband  and  Wife,  rights  of,  ....  .  117,  132 


86 

207 

79 

181 

325 

188 


338 
473 
472 

140 
11 

85 
346 

344 

460 

471 

35 

131 

72 

472 

169 

346 
471 


"  "      when  living  apart,  court  may  prohibit  husband 

from  restraining  wife  of  personal  liberty,       .... 


132 


I. 


Idiotic  and  Feeble-Minded  Youth,  Mass.  School  for,  allowance  to,         .      473 
Industrial  School  at  Lawrence,  commitments  to,  .  .  .  .      346 

Industrial  Statistics  of  tlie  CommouAvealth,  to  be  gathered  under  the 

direction  of  the  Bureau  of  Statistics  of  Labor,  .  .  .      439 

77 


XXIV 


Index. 


Page 
Inland  Fisheries,   Commissioners  may  lease   Oyster  Pond  in  Dukes 

County,      .........  93 

Inquests,  Fire,  fees  and  expenses,  to  be  i>aid  by  city  or  town  where 

property  was  destroyed,  .......  180 

Insane  Asylum  at  Dauvers,  homicidal  insane  at,  custody  and  treatment,  346 

"  "  "        loan  for  construction,  sinking  fund,  etc.,     .  444 

Insane  Hospital  in  North-Eastern  j)art  of  state,  additional  ai^propria- 

tion  of  $250,000,    ........  131 

Insane  Hospital  at  Taunton,  apiiropriation  for,    ....  472 

"            "         at  Worcester,  Trustees  may  sell  aqueduct,         .            .  169 
"            "                     "            homicidal  insane  at,  custody  and  treat- 
ment of,            ...            .  346 

"  "  "  appropriation  for,  ....  471 

Insane  persons,  commitment  of,  by  trial  justices  of  juvenile  offenders 

in  Suffolk, 174 

Insane  persons,  in  asylums,  to  be  allowed  to  correspond  with  superin- 
tendents, etc.,  monthly,  .......  343 

Insane,  criminal  and  homicidal,  custody  and  treatment  of,         .  .  346 

Inspector  of  fertilizers,  Chemist  of  Board  of  Agriculture  to  be,  .  13  3 

Institute,  Oread,  in  Worcester,  may  increase  estate,         .  .  .50 

Institution  for  Savings  in  Newton,  name  changed,  .  .  .50 

Insui'ance  Commissioner,  to  revise  coditicatiou  of  insurance  laws,        .  491 
"                   "               method  in  computing  amount  necessary  to 
re-insure  outstanding  risks  of  companies,       •            .            .            .81 
Insurance  Companies,  Fire,  in  Boston,  officers  may  associate  as  Boston 

Protective  Department,        .  .  58 

"  "  "     in  other  states,  time  extended  for  increas- 

ing caj)ital,  .  .  .  .26 

Insurance  Companies,  Fire  and  Marine,  dividends  of,       .  .  ,  146 

"  "  Life,  re-insuring  of  risks  by,  .  .  .81 

Insurance  Company,   Barnstable   County  Mutual  Fire,   charter    ex- 
tended, estate,  .  .  .  .  .61 

"  "  Equitable  Life  Assurance  Society  of  the  United 

States,  in  New  York,  may  hold  real  estate, .        11 
"  "  Mill  Owners'  Mutual  Fire,  may  issue  policies  in 

certaiu  states,   .....        63 

"  "  Mutual  Life,  of  New  York,  may  increase  estate,        17 

"  "  Quincy  Mutual  Fire,  charter  extended,  estate,  .        35 

Insurance  laws,  Commissioner  to  revise  codification  of,   .  .  .  491 

Interest,  rate  received  by  savings  banks,  on  loans,  to  be  stated  in  an- 
nual return,  ........        70 

Intestate  estates,  distribution  of,  concerning  expediency  of  changing 

laws,  .........  488 

Iron  Manufacturing  Company,  Bridgewater,  name  and  capital  estab- 
lished, acts  legalized,       .......        28 


IlfDEX. 


XXV 


J. 

Jamaica  Pond  Aqueduct  Corporation,  cliarter  amended,  . 
Joint  Stock  Fire  and  Marine  Insurance  Comi^anies,  dividends  of, 
Judge  of  Probate  and  Insolvency  for  Barnstable,  salary  established, 
"  "  "  for  Bristol,  "  " 

"  "  "  for  Franklin,  "  " 

«  "  "  for  Hampden,        "  " 

"  "  "  for  Hampshire,      "  " 

"  "  "  for  Plymouth,        "  " 

Junction  Shoal  in  Boston  Harbor,  to  be  dredged  off  and  materials  to 

be  used  for  filling  flats  of  Commonwealth  at  South  Boston, 
Jury,  Grand,  for  Norfolk  for  1874,  to  be  deemed  legally  drawn, 
Justice  of  District  Court  of  East  Norfolk,  salary  established,     . 
Justice  of  Municipal  Court  of  Taunton,  salary  established, 
Justice  of  Police  Court  of  Haverhill,  salary  established, 
"  "  "     of  Lee,  salary  established, 

"  "  "      of  Somerville,  salary  established, 

Justices,  Standing,  of  municipal,  district  and  police  courts  where  ther 
is  no  clerk,  to  give  bonds,  ..... 

Justices,  Trial,  to  give  bonds,  ..... 

"  "      of  juvenile  offenders  in  Suffolk,  jurisdiction  of  offences 

committed  by  minors  under  seventeen  years  of  age,  and  of  matters 
relating  to  insane  persons,  ...... 

Juvenile  Offenders,  trial  justices  of,  in  Suffolk,  jurisdiction  of  offences 
committed  by  minors,  and  matters  relating  to  insane  persons, 


113 
146 
180 
180 
346 
162 
315 
182 

212 
116 
344 
156 
134 
111 
156 

450 
450 


174 
174 


K. 

Kelley,  James,  allowance  to,              ......  490 

Kellogg  Steam  Power  Company  of  Pittsfield,  incorporated,        .            .  27 
Kenoza  Street  Railway  Company  of  Haverhill,  allowed  further  time 

to  comply  with  requirement  of  charter,           ....  142 

Keni'ick  Fund,  in  Newton,  mayor  and  aldermen  to  have  charge  of,       .  100 

Knights  of  Pythias  in  Massachusetts,  Grand  Lodge,  iucorijorated,        .  72 


Labor,  Bureau  of  Statistics  of,  to  gather  industrial  statistics  of  the 

state,  and  make  abstracts  of  the  same  for  use  of  legislature,           .  439 
Labor,  Bureau  of  Statistics  of,  to  prepare  plan  for  education  of  chil- 
dren in  manufacturing  establishments,           ....  483 

Jjabor,  hours  of,  in  manufacturing  establishments,  regulated,     .  .  145 

Lake  trout,  protected,  .......  119 

Land  and  buildings,  liens  upon,  relating  to,  ...  .  308 

Land  below  high- water  mark,  may  be  filled  up  under  authority  from 

Harbor  Commissioners,   .......  328 

Land ,  sales  of,  on  execution,  relating  to,     .  .  .  .  .  120- 

Laud  titles,  record    of  cities  and  toAvns  relating  to,  to  be  preserved,    .  107 


XXVI 


Index. 


Page 

Land  Company,  Cambridge  Improvement,  incorporated,            .           .  77 
Land  and  Hotel  Company  in  Princeton,  Wacliusett  Mountain  Company 

incorporated,         ........  341 

Land  and  Wliarf  Company,  Menauliant,  may  build  wharf  in  Falmouth,  96 

Landing  place,  public,  in  town  of  Essex,  discontinued,   .            .            .  338 

Lands,  Back  Bay,  two  commissioners  may  execute  deed  of,        .            .  471 

"      in  Boston,  city  may  take,  for  landing  for  East  Boston  ferry-boats,  29 

"      of  Commonwealth  in  Charlestowu,  Eastern  Eaih'oad  Co.  may 

lay  tracks  over,  .......  49 

"      Public,  Commissioners  of,  to  repair  Parker  Street  in  Boston,     .  195 

"      Tewksbury,  Lowell  and  Audover  EaHi'oad  may  cross,  .            .  53 
"      flowed  by  tide-water,    to  be  paid  for  when  wharf   is  built 

below  low-water  mark,            .....  193 

"      in  Somerville  city  may  take  for  public  park,         .  .  .75 

Lands,  partition  of,  Probate  courts  to  have  concurrent  jurisdiction 

with  S.  J.  C,  in  relation  to,        .....            .  179 

Lands,  taken  etc.,  for  water  supply,  laying  out  etc.,  ways,  distribu- 
tion of  damages  where  there  are  separate  interests  in,         .            .  441 
Lands  taken  for  light-houses,  jurisdiction  ceded  to  U.  S.,            .            .  431 
Lands,  taking  of,  by  railroad  companies,    .....  339 

Law  Library  Associations,  County,  relating  to,     .            »,           .            .  105 

Lawrence,  city  of,  allowance  to  for  support  of  an  insane  pauper,          .  472 

Lawrence  Industxial  School,  commitments  to,        .            .            .            .  346 

Lawrence  Odd  Fellows'  Hall  Association,  incorporated,  .  .  .11 

Leases  of  ponds,  towns  may  take,  for  cultivation  of  useful  fish,  either 

alone  or  jointly,     ........  95 

"Lee  and  Hudson  Railroad,  construction  of,  Boston  and  Albany  Rail- 
road Corporation  may  aid,          ......  450 

Lee  and  New  Haven  Railroad  Company,  commissioners  to  be  appointed, 

and  report  to  legislature,            ......  489 

Leominster,  Evangelical  Society  in,  name  changed,  .  .  .27 

Lenox  Club,  incorporated,      .......  18 

Lenox,  town  of,  water  supply  for,     ......  135 

Lenox  Water  Company,  incorporated,          .....  135 

Lexington,  town  of,  may  raise  money  for  centennial  celebration,          71,  216 

Library  Associations,  County  Law,  relating  to,     .            .            .            .  105 

Library,  State,  allowance  for  catalogue,      .....  477 

Licenses  not  to  be  granted  for  shows  where  children  ujider  fifteen  are 

employed  as  gymnasts,    .......  191 

Liens,  subsequent,  attachments  disputed  by  persons  having,     .            .  103 
Liens   on  buildings   and  land,  property  upon  which  lien  has   been 

claimed,  may  be  released  by  owner  giving  bond,       .            .            .  308 

Lieutenant-Governor  Thomas  Talbot,  compensation  of,  .            .            .  485 
Life  Assurance  Society  of  the  United  States,  Equitable,  may  hold  real 

estate,         .........  11 

Life  Insurance  Companies,  re-insuring  of  risks  regulated,           .            .  81 

Life  Insurance  Comj)any,  Mutual,  of  New  York,  may  increase  estate,  .  17 
Light-Houses,  Bishop  and  Clerk's  and  Duxbury  Pier,  jurisdiction  over 

sites  ceded  to  United  States,       .,,,,.  Q2 


Index. 


XXVll 


Liglit-Houses,  lands  for,  jurisdiction  over,  ceded  to  United  States, 
Lists  of  voters,  alphabetical,  use  of  protected, 
Lobsters,  not  to  be  sold  under  certain  size,  ... 

Longmeadow,  town  of,  witbiu  jurisdiction  of  Springfield  Police  Court 
Loriug,  Geo.  B.  and  John  A.,  Trustees,  conveyances  made  valid, 
Lowell,  city  of,  part  of  Chelmsford  annexed  to,     . 

"  "      part  of  Tewksbury  annexed  to, 

"  "      portion  of  Dracut  annexed  to, 

"  "      to  maintain  Pawtucket  Bridge,     . 

"  "      charter  amended,  salary  of  mayor,  etc.,  . 

Lowell   and  Andover  Railroad  may  cross  Commonwealth's  land  in 

Tewksbury,  ...... 

Lunacy,  Commissioners  of,  to  be  appointed,  duties  etc.,  . 
Lunatic  Asylums,  jjatients  in,  correspondence  etc.. 
Lunatic  Hosi^ital  in  North-Eastern  part  of  State,  additional  $250,000 
may  be  expended  for,  (see  Danvers  Lunatic 
Asylum),       ..... 

"  "        at  Taunton,  appropriation  for  enlargement,   . 

"  "         at  Worcester,  trustees  may  sell  aqueduct, 

"  "  "  homicidal  insane  at,  custody  and  treat 

meut  of,         . 

"  "  "  appropriation    for    erection    of    new 

building,    ....... 

Lyman,  Luke,  register  of  probate  and  insolvency  for  Hampshire,  acts 

confirmed,  .  . 

Lynn,  city  of,  water  supply  for,        .... 
Lynn,  First  Christian  Church   and   Society  in,   may   sell  land  and 

chapel,        ....... 

Lynn  Home  for  Aged  Women,  incorporated,    .     , 


Page 
431 
327 

81 
115 

69 
161 
215 
158 
160 
163 

53 
343 

343 


131 

472 
169 

346 

471 

478 
196 

210 
11 


M. 

Magistrate,  term  to  be  construed  to  include  Bail  Commissioners  in 

laws  providing  for  admitting  tj  bail  in  criminal  cases,        .  .      214 

Maine,  witnesses  may  be  summoned  in  Massachusetts  to  testify  in 

criminal  cases  in  state  of,  .....  .      101 

Maiden  Bridge,  to  be  supported  by  Boston,  .  .  .  .96 

Mangen,  John,  allowed  state  aid,     ......      483 

Manufacturing  establishments,  education  of  children  emiiloyed  in,      .      483 
"  "  hours  of  labor  in  regulated,        .  .      145 

Manufacturing  and  other    corporations,   established    under    general 

laws,        .  .  .109 

"  "         "  "  organization,  defective  pro- 

ceedings corrected,  etc.,  .......      330 

Manufacturing  Corporation,  American  Whij)  Company,  organizatiouj 

confirmed,  .  .  .  .'     174 

"  "  Boston  Gas  Light  Company,  may  increase 

capital,       .........        73 


XXVlll 


IXDEX. 


Manufacturing  Corporation,  Bridgewater    Iron,    name    and    oaj)ital 

established,  acts  legalized, 
"  "  Cardany  and  Miller  Furniture  Company 

name  changed,  . 
"  "  Cate  National  Horse-shoe  Company,  name 

changed, 
"  "  Upton  Furniture  Company,  name  estab 

lished,      .... 

"  "  "Warren  Cotton  Mills,  capital  stock. 

Maple  Street  Congregational  Society  in  Danvers,  dissolved, 
Marlborough,  town  of,  water  supply  for,     .... 

Married  women,  may  lease  and  convey  property,  make  contracts,  sue 
and  be  sued,  etc.,  ....... 

Marshfield  and  Scituate,  pile  bridge  over  North  Eiver,  between, 
Martin,  Abel  C,  allowance  to,  ....  . 

Martindale,  Elizabeth,  allowed  state  aid,    .... 

Masonic  Building  Association,  Boston  Highlands,  incorporated, 
"  "  "  in  New  Bedford,  incorporated,    . 

Massachusetts  Agricultural  College,  allowance  to, 
"  Anglers'  Association,  incorjiorated, 

"  Central  Railroad  Company,  annual  meeting, 

"  Charitable  Eye  and  Ear  Infirmary,  allowance  to, 

"  Charitable  Mechanic  Association,  may  erect  wooden 

building  in  Boston,         .... 

"  School  Fund,  distribution  of,  . 

"  School  for  Idiotic  and  Feeble-minded  Youth,  allowance 

Masters  in  Chancery  for  Suffolk,  number  increased, 
Mattapoisett,  town  of,  public  common  in,  . 
Maverick  Congregational  Society,  of  Boston,  estate  of,     . 
Mayor  and  aldermen,  to  be  in  session  day  before  election  for  correction 
of  voting  lists,       ....... 

McEvoy,  Josejih,  allowed  state  aid, ..... 

McGrath,  John,  allowance  for  benefit  of,     . 

Mechanic  Association,  Massachusetts  Charitable,  may  erect  wooden 

building  in  Boston,  .  .         ^  . 

Mechanics'  Savings  Bank,  in  Boston,  incorporated, 
Medfield,  town  of,  to  be  furnished  with  certain  laws  and  documents, 
Medford  First  Parish,  trustees  of  ministerial  fund,  estate, 
Medway,  town  of,  to  be  furnished  with  certain  statutes  and  reports. 
Meetings,  annual,  of  raUroad  corporations  may  be  held  at  place  fixed 
by  by-laws,  ....... 

Melrose  Savings  Bank,  time  extended  for  organizing, 

Menanhant  Laud  and  Wharf  Company  may  build  wharf  in  Falmouth 

Merrimack  Eiver,  fishery  in,  regulated,       .... 

Messages  of  Governor  to  legislature,  special,  ... 

Methodist   Episcopal   Church,  New  England  Conference  of,  trustees 
may  convey  real  and  personal  estate,  .... 

Methodist  Episcopal  Church  in  Springfield,  Union,  name  changed, 


Page 

28 

142 

32 

142 
44 
74 

171 

117 

205 
482 
474 
141 

52 
482 

62 

4 

476 

84 

329 

473 

3 

79 

21 

416 
475 
474 

84 
91 

470 
51 

472 

313 

163 

96 

99 

519 

177 

52 


I:srDEX. 


XXIX 


Page 
Methodist  Episcopal  Church,  trustees  of,  to  he  deemed  hodies  coriio- 

rate  for  holding  in  succession  grants,  donations,  etc.,  .  .      114 

Metropolitan  Eailroad  Comjiany  may  issue  houds,  .  .  .49 

Middleborough  and  Taunton  Railroad,  Old  Colony  Railroad  Company 

may  j)urchase,       ........        52 

Middlesex  Central  District  Court,  established,      ....      226 

Middlesex,  Eastern,  First  District  Court,  established,     .  .  .      445 

"  Northern,  First  District  Court,  established,   .  .  .      191 

"  Southern,  First  District  Court,  established,  .  .  37,  138 

Middlesex  Railroad  Company,  made  subject  to  provisions  of  law,  con- 
structed tracks  deemed  as  located,       .  .  .  .  .80 

Militia  Act,       .........      255 

Militia  eucampments  at   Concord,   history  of,  to  be  placed  in  state 

library,       .........      490 

Mill  Owners'  Mutual  Fire  Insurance  Company,  may  issue  policies  in 

certain  states,        ........        63 

Mill  River  Flood,  aid  for  Williamsburg  and  Northampton,         .  .      313 

Mills,  "WaiTen  Cotton,  amount  of  capital  limited, .  .  .  .44 

Ministerial  Fund  for  First  Parish  in  Medford,  trustees,  estate,  .  .        51 

Minor  Children,  protection  of,  .....  .       132 

Minors  under  eighteen  years  of  age,  not  to  be  emialoyed  more  than  ten 

hours  a  day  in  manufacturing  establishments,  .  .  .      145 

Monadnock  Raih-oad  Company,  may  lease  to  a  connecting  railroad,    .       107 
Money,  treasurer  may  borrow,  in  anticipation  of  revenue,  .  .      486 

Moneys  payable  into  treasury  of  Commonwealth,  to  be  paid  over 

monthly,    .........      342 

Montague  and  Gill,  towns  of,  bridge  over  Connecticut  River  between,      198 
Monument  Association,  Joseph  Warren,  incorporated,     .  .  .      166 

Monument  Bank  in  Charlestown,  charter  revived  for  conveyance  of 

estate,         .........        18 

Monument  at  Concord,  town  may  raise  money  for,  .  .  .50 

Mortgage  Comj)any,  Boston,  when  may  commence  business,  guarantee 

fund, 69 

Mortgages  of  Personal  Prox^erty,  to  be  recorded  within  fiffceeri  days, 

except,        .........        82 

Mudge,  W.  R.,  annuity  to,      .  .  .  .  .  .  .      480 

Municipal    Courts    of   the    City  of   Boston,    jurisdiction,   civil   and 

criminal,    ........  181,  315 

Municipal  Court  of  Boston,  constables  to  attend  sessions,  .  .      110 

"  "  Brighton  District,  established,  .  .  .       184 

"  "  Charlestown  District,  salaries  of  justice  and  clerk,      186 

"  "  Dorchester  District,  j  urisdiction  of, .  .  .      181 

"  "  "  "         salaries  of  justice  and  clerk,  .      324 

"  "  East  Boston  District,  established,     .  .  .      185 

"  "  South  Boston  District,  established,   .  .  .185 

"  "  Southern  District  of  Boston,  to  be  hereafter  known 

as  Highland  District,  jurisdiction  of,     .  .       181 

"  "  Taunton,  justice  and  clerk  of,  salaries,         .  .       156 

"  "         West  Eoxbury  District,  established,  .  ,      184 


XXX  Index. 

Page 

Museum  of  Comparative  Zoology,  allowance  to,  .  .  .  .  479 
Mutual  Life  lusiirance  Company  of  New  York,  may  hold  additional 

real  estate,             ........  17 

Mystic  River,  South  Channel  of,  harbor  line  established,  .  .  211 
Mystic  Valley,  Storage  of  Water  in,  for  supplying  Boston  with  pure 

water,         .........  453 

Mystic  Water  Board,  abolished,        .           .           .           .           .           .  115 

N. 

Names  of  persons,  change  of,             ......  549 

Nantucket  and  Cax)e  Cod  Steamboat  Company,  may  increase  capital,  .  45 
Nashua,  Acton  and  Boston  Eailroad  Company,  time  extended  for  con- 
struction ;   may  mortgage  road ;  building  road  to  Nashua,  N.  H. 

confirmed, .........  317 

Nashua  and  Rochester  Railroad,  bonds  and  stock,  Worcester  and 

Nashua  Company  may  guarantee  or  purchase,            .            .            .  4,  83 

Natick,  town  of,  public  carriage-way  and  crossing  established  at,        .  208 

Natick,  First  Congregational  Society  in,  may  sell  real  estate,     .            .  327 
National  Horse-shoe  Company,  name  established,            .            .            .35 

Natural  History,  Anderson  School  of,  Trustees  incorporated,      .            .  452 

Needham,  Boston  and  Albany  Railroad  Company  may  change  location,  65 

Needham  Savings  Bank,  incoriiorated,        .....  101 

New  Bedford,   City  of,  charter  amended,  mayor  to  be  chairman  of 

school  committee,          ....  313 

"            "            "         may  issue  additional  water  bonds,            .            .  142 
"            "        Police  Court  abolished,        .            .            .            .            .204 

New  Bedford  Railroad  Comjjany,  may  sell  real  estate  to  Boston  and 

Providence  R.  R.  Co.,       .            .  97 
"            "            "                  "          lease  to  Boston,  Clinton  and  Fitch- 
burg  E.  R.  Co.,  ratified, 106 

New  England  Conference  of  the  Methodist  Episco^jal  Church,  trustees 

may  convey  real  and  personal  estate,  .....  177 

New  England  Female  Medical  College,  may  unite  with  the  Boston 

University,             ........  188 

New  Marlborough,  town  of,  allowance  to  for  support  of  state  pauper,  482 
New  Salem,  town  of,  election  of  town  officers  confirmed,            .            .  199 
New  York  and  New  England  Railroad  Company,  trustees  may  con- 
tract for  lease  of  extension  of  Norwich  and  Worcester  Raih'oad,  .  166 
New  York  and  New  England  Railroad  Company,  provisions  aft'ecting,  440 
New  York  aud  New  England  Railroad  Company,  stock  owned  by  the 

Commonwealth  in,  concerning,             .....  486 

Newburyport,  city  of,  may  take  stock  in  Exeter  and  Salisbury  Rail- 
way Co.,     .            .            .            .            .            .            .            .            •  317 

Newton,  city  of,  supply  of  water  for,  .  .  .  .  .87 

"  "        mayor  aud   aldermen  to  have   charge   of  "Kenrick 

Fund," 100 

"  "        city  council  to  have  powers  of  county  commissioners 

in  altering  highways,      .......  191 


ISDEX. 


XXXI 


Newtou,  city  of,  city  council  may  alter  Ligliways  in, 

Newton  and  Boston,  boundary  line  between,  changed,     . 

Newton  Savings  Bank,  name  established,  .... 

Nichols  Academy,  trustees  of,  ma^y  mortgage  real  estate, 

Nichols,  William  H.,  deed  to,  coniirmed,     .... 

Nickerson,  Jarvis  K.,  and  others,  may  build  wharf  in  Barnstable, 

Norfolk  County,  grand  jury  for  1874,  to  be  deemed  legally  di-awn, 

Normal  School  in  Boston,  establishment  ratified, . 

Normal  Schools,  Worcester,  Bridgewater  and  Westfield,  allowance  to 

North  Bridgewater,  town  of,  may  change  its  name, 

North  Cambridge,  Congregational  Society,  Allen  Street,  name  changed 

North  Weymouth  Fire  District,  dissolved, 

Northern  ^liddlesex,  First  District  Court,  established,    . 

Northampton  and  Williamsburg,  abatement  of  taxes  in,  and  re-imburse 
ment  by  state  on  account  of  losses  by  tlood  in  Mill  River,    . 

Northampton  and  Williamsbui-g,  county  commissioners  may  re-locate 
and  discontinue  certain  highways,       .... 

Norwich  and  Worcester  Railroad  Company,  may  issue  additional  stock, 
with  consent  of  trustees  of  the  Boston,  Hartford  and  Erie  or  New 
York  and  New  England  Raiboad,  ..... 

Norwich  and  Worcester  Railroad  Company,  sinking  fund,  concerning, 

Norwood,  Seth,  deed  to,  confirmed,  ...... 

Notes,  promissory,  endorsers  of,  relative  to,  ...  . 

Noxious  trades,  amendment  to  act  of  1871,  concerning,   . 

"  "        provisions  of  1871,  167,  concerning,  not  to  affect  juris- 

diction of  S.  J.  C,  in  equity,      ...... 

Nuisance  in  Cambridge,  to  be  abated,  .  .  .  .  . 

Nuisance  in  Cambridge  and  Somerville,  to  be  abated. 

Nuisances,  provisions  of  1871,  167,  not  to  be  construed  as  to  permit 
maintenance  of,     . 


Page 

338 

189 

50 

96 

478 

12 

116 

109 

485 

82 

79 

126 

191 

314 

431 


165 

487 
481 
463 
216 

199 
104 
109 

199 


o. 

Oblate  Fathers,  Society  of,  for  missions  among  the  poor,  may  increase 

estate,         .........        27 

Odd  Fellows'  Hall  Association  of  Beverly,  incorporated,  .  .        50 

"  "  "  of  Lawrence,  incorporated,         .  .         11 

Offal  of  slaughtered  animals,  transportation  of,  cities  and  towns  may 

regulate,     .........       152 

Officers  appointed  by  courts  of  record,  embezzlement  by,  penalty,        .        68 
Officers,  j>ublic,  certain,  to  give  bonds,        .....      449 

O'Grady,  Daniel,  allowance  to,  .....  .      490 

Old  Colony  Bank  of  Plymouth,  charter  revived  for  purpose  of  convey- 
ing real  estate,      ........      346 

Old  Colony  and  Newport  Railroad  may  build  bridge  over  Taunton 

Great  River,  ........      139 

Old  Colony  Railroad  Company,  may  enter  upon  and  use  Fall  River, 

Warren  and  Providence  R.  R.,   .  .  .  .  .  .      139 

78 


XXXll 


Index. 


Page 
Old  Colony  Railroad  Company,  may    purchase     Middleborough     and 

Taunton  road,  .  .  .52 

"        "  "  "  may  hold  certain  steamboat  stock,       .        61 

"        "  "  "  may   contrfl,ct    to   build    and  ojjerate 

Plymouth  County  Eailroad,        ......      116 

Old  Colony  Steamboat  Company,  iucorx:)orated,     .  .  .  .98 

Old  Men's  Home  in  Worcester,  incorporated,  .  .  .  .85 

Old  South  Society  in  Boston,  not  to  sell  meeting-house  until  author- 
ized by  S.  J.  C,     181 

Orange,  town  of,  supply  of  water  for,         .  .  .  .  .93 

Order  of  Hibernians,  Ancient,  in  Fall  River,  incorporated,         .  .        79 

Oread  Institute  in  Worcester,  may  increase  estate,  .  .  .50 

Orthodox  Congi'egational  Society  in  Leominster,  name  established,     .        27 
Oyster  Pond,  in  Dukes  County,  commissioners  of  inland  fisheries  may 

lease,  .........        93 


P. 

Paine,  Willie  L.,  allowed  state  aid,  .... 

Parish  in  Berlin,  First,  may  sell  real  estate, 

Parish  in  Medford,  First,  trustees  of  ministerial  fund,  estate,     . 

Parker  Street  in  Boston,  to  be  repaired  by  Commonwealth,  and  may 
be  conveyed  to  Boston,  etc.,       ..... 

Park  in  Somerville,  city  may  take  land  for, 

Parks,  Jane,  annuity  to,         .....  . 

Partition  of  lauds.  Probate  courts  to  have  concurrent  jurisdiction  with 
S.  J.  C.  in  relation  to,      . 

Partridges,  time  for  taking,  G.  S.  amended, 

Pawtucket  Bridge,  to  be  maintained  by  city  of  Lowell,  . 

Pemberton  Square,  Boston,  allowance  for  refitting  building  in. 

Perpetuate  testimonj^,  depositions  to,  . 

Personal  Property,  amount  of  household  furniture  exempt  from  ex 
edition,       ..... 
"  "         mortgages  of,  to  be  valid  must  be  recorded  within 

fifteen  days,  except,         ...... 

Petitions  for  assessment  of  damages  or  for  abatement  for  betterments 
may  be  filed  in  clerk's  office,  etc.,  in  vacation. 

Petitions  for  partition  of  lands,  jurisdiction  of  Probate  Courts,  case 
to  be  removed  to  Superior  Court  when  shares  are  in  dispute, 

Pickman,  William,  deed  under  will  of,  confirmed, 

Pilgrim  Congregational  Church  in  Duxbury,  name  established, 

Pittsfield,  town  of,  supply  of  water  for,      .... 

Plank  Road  Company,  Salisbury  Beach,  charter  amended, 

Pluukett,  Thomas,  allowance  to,       ..... 

Plymouth,  Old  Colony  Bank  of,  charter  revived  for  purpose  of  con- 
veying real  estate,  ...... 

Plymouth  County  Clerk  of  Courts,  salary  increased, 
"  "        First  District  Court  established, 

"  "       Second  District  Court  established, 


480 

137 

51 

195 
75 

480 

179 
67 
160 
475 
209 

42 

82 

193 

179 
69 
74 
108 
112 
490 

346 

45 

229 

331 


Index. 


xxxui 


Plymoutli  County,  Third  District  Court  established, 

"  "        Foiu'th  District  Court  established, 

Plymouth  Couuty  Eailroad  Company  may  coutract  with  Old  Colony 
Railroad  for  construction  and  operation  of  road,  and  issue  bonds, 
Police  Commission  abolished,  ..... 

Police  Court  of  Chelsea,  district  enlarged;  salary  of  justice  and  clerk 
"  "  Fitchburg,  salary  of  clerk, 

"  "  Haverhill,  salaries  of  justice  and  clerk,  . 

"  "  Lee,  salary  of  justice,         .... 

"  "  Somerville,  salaries  of  justice  and  clerk, 

"  "  Springfield,  judicial  district  enlarged, 

"  "  "  salary  of  justice, 

Police,  Railroad,  may  be  appointed,  .... 

Police,  State,  rooms  to  be  assigued  for  use  of,        . 
Ponds,  private,  penalty  for  takiiig  fish  from,  -without  consent  of  owner 
Ponds  held  by  city  of  Worcester  for  supiily  of  water,  fishing  in  pro 
hibited,       ........ 

Ponds,  towns  alone  or  jointly  may  take  leases,  for  cultivation  of  use 
ful  fish,       ........ 

Poor,  for  more  efficient  relief  of,       . 

Practice,  rules  of,  in  S.  J.  C.  and  Superior  Court,  amended, 

Prince  Society,  incorporated,  ..... 

Princeton,  town  of,  Wachusett  Mountain  Company  may  hold  lands 
and  build  hotels  in,  .....  . 

Prison  Records,  keepers  to  keep  full  and  accurate  records,  and  make 

returns  as  required  by  commissioners  of  ijrisons. 
Prison,  Reformatory,  for  women,  established, 

"  "  "        loan  authorized  for  construction  of. 

Prison,  State,  assistant  watchmen,  number  increased, 

"  "      provisions  authorizing  treasurer  to  borrow  money  fi-om 

sinking  funds  to  pay  for  erecting,  rejiealed,  . 
"  "      to  be  erected  with  accommodation  for  seven  hundred 

and  fifty  jirisoners,         .... 

"  "      insane  criminals  at,  provision  to  be  made  for  custody  of, 

"  "      workshops,  etc.,  appropriations  for. 

Prisoners  in  state  jirison  to  be  emxiloyed  in  manufacture  of  iron  work 

for  new  prison,      ....... 

Prisoners,  Female,  discharged,  allowance  for  assistance  to, 
Private  ways,  obstructions  to  by  railroads,  applications  for  damages 
to  be  made  within  three  years, ..... 

Probate  appeals  in  the  four  western  counties,  hearing  of,  etc.,  . 

Probate  i)roceedings  in  Suftolk  County,  record  of, 

Probate,  registers  of,  to  make  suggestions  as  to  expediency  of  changing 

laAvs  relative  to  distribution  of  intestate  estates, 
Probate  Coiu'ts  to  have  concurrent  jurisdiction  with  S.  J.  C.  in  rela- 
tion to  partition  of  lands, 
*'  "        concerning  practice  in,      . 

"  "        jurisdiction  of,  ....  . 

Probate  Courts  in  Essex  County,  times  and  places  of  holding,  . 


Page 
332 
332 

116 
463 
130 

67 
134 
111 
156 
115 
116 
392 
490 

69 


95 
187 
163 

65 

341 

177 

432 

443 

93 

157 

170 
346 
474 

171 
475 

343 
324 
342 

488 

179 
327 
338 

187 


xxxiv 


Index. 


Probate  Courts  in  HampcTen  County,  times  and  places  of  holding, 
"  "       in  Hanipsliii-e  County,  additional  terms  at  Amherst, 

Processes,  civil,  defective  service  of,  ...  . 

Promissory  notes,  endorsers  of,  relative  to. 

Property,  personal,  amount  of  household  furniture  exempt  from  ex 
edition,     ..... 
"  "  mortgages  of,  to  be  valid  must  be  recorded  within 

fifteen  days,  except,        ... 
"  title  to,  forgery  of  evidence,  penalty,    ... 

"  embezzlement  of,  by  officers  appointed  by  courts  of  record 

penalty,      ........ 

Proprietors  and  town  proprietaries,  records  to  be  preserved. 

Prosecutions,  criminal,  in  state  of  Maine,  witnesses  in  this  state  may 
be  summoned  to  attend,  ...... 

Protective  Department,  Boston,  for  prevention  of  fires,  incorporated, 

Provincetowii  and  Truro,  East  Harbor,  damages  caused  by  construe 
tion  of  dike,  ....... 

Public  Administrators,  burden  of  proof  of  existence  of  heir  to  be  upon 
when  no  heir  appears  within  two  years, 
"  "  not  to  take  administration  upon  jiersonal  prop 

erty  of  less  value  than  twenty  dollars,  ... 

Public  carriage-way  and  crossing  established  in  Natick, 

Public  Common  in  Mattapoisett,  amendatory  act  relating  to,     . 

Public  exhibitions,  emjiloyment  of  children  under  fifteen  years  of 
age  at,       .......  . 

Public  foot  ways,  may  be  laid  out  by  cities  and  towns,   . 

Public  Health,  diseases  dangerous  to,  boards  of  health  having  acted 
to  retain  charge  of  cases  to  exclusion  of  overseers  of  poor,  ex- 
penses,       ........ 

Public  Lands,  commissioners  of,  to  repair  Parker  Street,  in  Boston, 

Public  Officers,  certain,  to  give  bonds,        .... 

Public  Park  in  Somerville,  city  may  take  land  for, 

Pythias,  Knights  of.  Grand  Lodge  incorporated,   . 


Page 
105 
100 
119 
463 

42 

82 
68 

68 
107 

101 
58 

476 

80 

170 

208 

79 

191 

209 


86 

195 

449 

75 

72 


Q. 

Quincy  Mutual  Fire  Insurance  Company,  charter  extended,  estate, 


35 


K. 

Rabbits,  hunting  of,  use  of  ferret  prohibited,         .  .  .  .53 

Eailroad  Act,  General,  .......      347 

Railroad  accidents,  responsibility  for,  .....      396 

Eailroad  bridge-guards,  concerning,  .....      385 

Railroad  cars,  penalty  for  breaking  and  entering,  .  .  .64 

Railroad  Commissioners,  powers  and  duties,  ....      349 

"  "  to  report   concerning  railroad  crossings,  in 

East  Boston,  ........      481 


Index. 


XXXV 


Page 


491 


147 


313 


209 


Railroad  Commissioners,  to  report  to  legislature  result  of  legal  pro- 
ceedings between    Scudder,  Bartlett   & 
Co.  aud  Boston  and  Albany  Railroad,     , 
"  "  to  certify  tbat  laws  relating  to  construction 

have  been  complied  witb,  before  railroad  is  opened  to  public 
use,  ......... 

Railroad  Corporations,  annual  meetings  may  be  held  at  place  fixed  by 
by-laws,  ..... 

"  "  capital  stock  of  road  of  three  feet  gauge  to  be  at 

least  $5,000  for  each  mile, 
«'  "  cities  and  towns  may  take  stock  in,  not  exceed- 

ing two  per  cent,  of  valuation,  .  167,  359 

"  "  authorized  to  build  branches  and  extensions  of 

railroads,  .....      336 

"  "  taking  of  land  by,    .  .  .  .  .339 

"  "  taking  stock  or  bonds  of  other  companies,  .      365 

"  "  issuing  bonds,  .....      364 

"  "  establishment  of,  under  general  laws,      .  209,  353 

"  "  capital  stock,  assessments,  etc.,     .  .  .      362 

"  "  may  aid  in  construction  of  grain  elevators,         .      432 

"  "  location  and  construction  of  roads,  .  .      366 

"  "  employes  of,  connected  with  passenger  trains, 

etc.,  to  wear  badge  and  uniform  cap,  .      199 

"  "  Street,  formation  of,  powers  and  duties, .  .        30 

Railroad  draw-bridges,  regulations  concerning,     ....      382 

Railroad  PoHce  may  be  apjiointed,  ......      392 

Railroad  returns,  ........      400 

Railroad  stations  and  depots,  .  .  .  .  •     "       •      384 

Railroad  switches,       ........      385 

Railroad  tracks  for  private  use,        ......      401 

Railroads,  connecting,  may  enter  upon  and  use  each  other's  roads,       .      397 
"  operation  of,  regulated,    ......      386 

"  not  to  be  opened  for  public  use  until  laws  relating  to  con- 

struction have  been  complied  with,  .  .  .      147 

"  bridge-gitards  on,  to  be  erected  when  bridge  crosses  road 

less  than  eighteen  feet  above  the  track,    .            .            .      152 
"          branches  and  extensions  of,  building  authorized  and  regu- 
lated,     336 

"  crossing  of,  with  highways  and  town  ways,  alterations,  etc.,  213, 375 


"  laws  relating  to,  revised  and  consolidated, 

"  obstructions  by,  to  private  ways,  applications  for  damages 

to  be  made  within  three  years, 
"  terminal  grounds  for,  at  South  Boston  flats,     . 

Railroad  Corporations  : 

Attleborough  Branch,  may  increase  capital  stock, 
Boston  and  Albany,  crossing  streets  in  East  Boston,  commission 
ers  to  rejiort  concerning,  . 
"  "         may  change  location  of  road  in  Weston  and 

Needham,  ......•• 


347 


343 

492 


154 


481 


65 


XXXVl 


Index. 


Page 
Railroad  Corporations — Continued  : 

Boston  and  Albany,  to  remove  passenger  station  and  depot  in 

Natick,        .  .  .  .  .208 

"  "         may  aid  in  construction  of  Lee  and  Hudson 

Railroad,     .....      450 

"  "  provisions  affecting,      ....       491 

Boston,  Barre  and  Gardner,  time  extended  for  locating  and  con- 
structing road  in  Winchendon,        35 
"  "  "         may     unite     witli    Worcester    and 

Nashua,       ........      217 

Boston,  Clinton  and  Fitcliburg,  lease  to,  of  New  Bedford  Rail- 
road and  branches,  ratified,         .....      106 

Boston,  Hartford  and  Erie,  trustees  of,  and  their  successors,  may 

contract    for    lease    of    the    ex- 
tension   of    the    Norwich    and 
Worcester  Railroad,  .  .      166 

"  "  "      corporation  dissolved,  .  .  .      318 

Boston,  Hoosac  Tunnel  and  Western  Railroad  Company,  incor- 
porated for  one  year,        ......      460 

Boston  and  Lowell,  provisions  aifecting,     ....      455 

Boston  and  Providence,  may  hold  certain  steamboat  stock,  .        64 

"  "  real  estate  may  be  conveyed  to,  by  New 

Bedford  Railroad  Company,        .  .  .  .  .97 

Boston  and  West  Roxbury,  may  change  western  terminus  of 

road,  ........        97 

Boston,  Revere  Beach  and  Lynn,  may  establish  a  ferry,    .  .      106 

Duxburj^  and  Cohasset,  time  extended  for  constructing  road  in 

Duxbury  and  Kingston,  annual  meeting,  .  .  .62 

Eastern,  crossing  streets  in  East  Boston,  Railroad  Commission- 
ers to  report  concerning,  ....      481 

"         may  lay  tracks  over  Commonwealth's  land  in  Charles- 
town,        .  .  .  .  .  .  .49 

"         may  confirm  bonds  already  issued,  and  issue  new,  .        68 

Exeter  and  Salisbury,  charter  revived,  and  time  for  location  and 

construction  extended,  .  .  .97 

"  "  city  of  Newburyport  may  take  stock  or 

securities  of,  ......  .      317 

Fall  River,  Warren  and  Providence,  may  be  used  by  Old  Colony,      139 
Fitchburg,  may  construct   additional  tracks,   increase   capital 

stock,  etc.,      ......      457 

"  allowance  to,        .  .  .  .  .  .      484 

Fitchburg  Street  Railway,  time  extended  for  locating  and  con- 
structing,   ........      163 

Kenoza,  Street,  of  Haverhill,  allowed  further  time  to   comply 

with  requirements  of  charter,     .....       142 

Lee  and  Hudson  Railroad,  construction  of,  Boston  and  Albany 

may  aid,      ........      450 

Lee  and  New  Haven,  commissioners  to  be  appointed  and  report 

to  legislature,         .  .  .  .  .  .  •      489 


Ikdex.  .  xxxvii 

Pago 

Railroad  Corporations— Continvied : 

Lowell  aud  Audover,  may  cross  Commonwealtli's  land  in  TeTvka- 

bury,  ........         53 

Massachusetts  Central,  annual  meeting,  where  held,         .  .  4 

Metropolitan,  may  issue  bonds,  .....        49 

Middle1>oroTigh  and  Taunton,  Old  Colony  Comjjany  may  pur- 
chase road,  .......        52 

Middlesex,  made  subject  to  provisions  of  law,  constructed  tracks 

to  be  deemed  as  located,  ......        80 

Monaduock,  may  lease  road  to  a  connecting  railroad,        .  .107 

Nashua,  Acton  and  Boston,  may  mortgage  road,  time  extended 

for  consti'uction,  etc.,        ......       317 

Nashua  aud  Rochester,  bonds  and  stock,  Worcester  and  Nashua 

Company  may  guarantee  and  purchase,  .  .  .    4,  83 

New  Bedford,  may  sell  real  estate  to  Boston  and  Providence 

Railroad  Com^jany,         .  .  .  .97 

"  "         lease  to  Boston,  Clinton  and  Fitchburg  Railroad 

Company,  ratified,  ......       106 

New  York  and  New  England,  trustees  of,  may  contract  for  lease 

of  extension  of  Norwich  and  Worcester  Railroad,      .  .       166 

New  York  and  New  England,  provisions  affecting,  .  .      440 

"  "  "  "         stock    owned    by    the    Common- 

wealth in,  concerning,      ......      486 

Norwich  and  Worcester,  may  issue  additional  stock  with  con- 
sent of  trustees  of  Boston,  Hartford  aud  Erie  or  New  York 
and  New  England  Railroad,        .....       165 

Norwich  and  Worcester,  sinking  fund,  concerning,  .  487 

Old  Colony,  may  purchase  Middleborough  and  Taunton  road,     .        52 
"  "        may  hold  stock  in  certain  steamboat  companies,      .        61 

"  "        may  contract  to  build  and  operate  Plymouth  County 

Railroad,       .  .  .  .  .  .116 

"  "        may  enter  ui)on  and  use  Fall  River,  Warren  and 

Providence  Railroad,        ......       139 

Old  Colony  and  Newport,  construction  of  bridge  over  Taunton 

Great  River,  time  for  location  extended,  .  .  .       139 

Plymouth  County,  may  contract  with  Old  Colony  Railroad  for 

construction  and  operation  of  road,  and  issue  bonds, .  .      116 

Salem  Street  Railway,  new  corporation  may  be  formed  to  receive 

assignment  of  lease  and  operate  road,   ....      176 

Southern  Vermont,  property  of  Commonwealth  in,  management 

of, .460 

Taunton  Branch,  real  estate  acr[uired  by,  may  be  conveyed  to 

Boston  and  Providence  R.  R.  Co.,  .  .  .  .97 

Troy  and  Greenfield,  completion  of,  provided  for,  .  .  .      459 

"  "  management  of,  ...  .      460 

Vermont  and  Massachusetts,  provisions  affecting,  .  .      457 

"  "  allowance  to,  ...      484 

Worcester  and  Nashua,  may  guarantee  and  purchase  bonds  and 

stock  of  Nashua  and  Rochester  Railroad,        .  .  .      483 


xxxvm 


Index. 


Page 
Railroad  Corporations — Concluded : 

Worcester  aud  Nashua,  may  unite  with  the  Boston,  Barre  and 

Gardner,      ........  217 

Eantonl,  Robert  S.,  allowance  to,     .            .            .            .            .            .  473 

Real  Estate  of  an  adult  ward,  not  to  be  sold  without  notice  to  over- 
seers of  the  poor,              .......  130 

Receivers  api)ointed  by  covirts  of  record,  embezzlement  by,  penalty,    .  68 
Recognizances  in  criminal  cases,  forfeited,  suits  to  be  commenced  by 

district-attorneys  within  sixty  days,    .....  449 

Records,  Prison,  full  and  accurate,  to  be  kept,       ....  177 

Records  of  towns  relating  to  titles  to  land,  preservation  of,        .            .  107 

Reformatory  prison  for  women,  established,           ....  432 

"                "                   "        loan  authorized  for  construction  of,     .  443 
Register  of  Probate  and  Insolvency  for  Hampshire,  Luke  Lyman,  acts 

confirmed,              ........  478 

Registers  of  Probate  to  make  suggestions  as  to  expediency  of  chang- 
ing laws  relative  to  distribution  of  intestate  estates,            .            .  488 
Registers  of  Probate,  salaries  established, .            .            .       162,  180,  315,  346 
Registers  and  returns.  School,  relating  to,  .                       ...  211 

Registrars  of  Voters  in  Boston,  board  established,  preparation  and  re- 
vision of  voting  lists,      .  .  .  .  .  .  .56 

Relief  of  the  poor,  temporary,  in  the  city  of  Boston,       .           .           .  411 

Relief  of  the  poor,      ........  187 

Religious  Associations,  may  become  corporations,             .            .            .  412 
Reports  of  Supreme  Judicial  Court,  custody  aud  examination  of  opin- 
ions before  publication,  .......  45 

Representatives'  Chamber,  ventilation  of,  allowance  for,            .            .  484 

Reservoir  Company,  Barre  Falls,  incorporated,      ....  428 

Reservoirs  owned  by  city  of  Worcester,  fishing  in  prohibited,    .            .  71 
Returns  by  keepers  of  prisons,  workhouses,  etc.,  to  be  made  to  prison 

commissioners,      ........  177 

Retirrns  of  Savings  Banks,  shall  show  rates  of  interest  received  on  loans,  70 

Rims  of  wheels,  width  of,  report  to  be  made  concerning,  to  legislature,  482 
Roads  and  bridges  in  Williamsburg,  destroyed  by  the  flood  iu  Mill 

River,  to  be  rebuilt  by  the  county  of  Hampshire,      .            .            .  313 

Rockland,  town  of,  incorporated,      ......  45 

"  "  to  be  fui-nished  with  certain  reports  and  documents, 

and  standard  weights  and  measures,    .....  476 

Rockland  Bank,  charter  revived  for  purpose  of  assigning  a  mortgage,  105,  429 
Roxbury  Home  for  Children  and  Aged  Women,  name  changed  from 

"  Children's  Home  and  Home  for  Aged  Women  in  Roxbury,"          .  129 

Rules  of  practice  in  S.  J.  C.  and  Superior  Court,  amended,         .            .  163 

Russell,  Catheruie  D.,  allowed  state  aid,     .            .            .            .            .  483 


s. 

Safe  Deposit  Company,  Boston,  name  changed  and  charter  amended,  .  406 

Sailors,  desertion  of,  from  vessels,  penalty  for  aiding  or  enticing,  .  67 

Sailors  and  Soldiers,  disabled,  state  aid  to,  time  extended,         ,  .  316 


Index. 


xxxix 


Saint  Paul's  Episcopal  Church  in  Dedham,  name  established, 
Salaries  of  clerks  of  courts,  clerks  to  be  charged  with  fees  whether 

collected  or  not,  when  fees  do  not  amount  to  legal  salary, 
Saiakies  Established: 

Adjutant-General's  first  clerk,  .  .  • 

Assistant  Attorney-General,    . 
Clerk  of  courts  for  Franklin  County, 
"  "      for  Plymouth  County, 

"      District  Court  for  Central  Berkshire, 
"  "  "      for  Southern  Berkshire, 

"  "  "      for  East  Norfolk, 

"      Police  Court  of  Fitchburg, 
Judge  and  Register  of  Probate,  etc.,  for  Barnstable, 
Judge  and  Register  of  Probate,  etc.,  for  Bristol,     . 
Judge  and  Register  of  Probate,  etc.,  for  Franklin, 
Judge  and  Register  of  Probate,  etc.,  for  Hampden, 
Judge  and  Register  of  Probate,  etc.,  for  Hampshire, 
Judge  and  Register  of  Probate,  etc.,  for  Plymoiith, 
Justice  of  District  Court  of  East  Norfolk,  . 
Justices  of  Second  District  Court  of  Southern  Worcester 
Justice  of  Police  Court  of  Lee, 
Justice  aud  Clerk  of  Municipal  Court  of  Taunton, 
Justice  aud  Clerk  of  Police  Court  of  Haverhill,     . 
Justice  and  Clerk  of  Police  Court  of  Somerville,   . 
Justice  and  Clerk  of  Police  Court  of  Springfield,  . 
Treasurer  of  Dukes  County,  .... 
Sale  of  land,  on  execution,  relating  to,        . 
Salem,  city  of,  annual  election,  organization  of  government, 
Salem  Children's  Friend  Society,  may  hold  additional  estate, 
Salem  Hospital,  may  increase  estate,  ... 

Salem  Street  Railway  Company,  new  corporation  may  be  formed  to 

receive  assignment  of  lease  and  operate  road, 
Salisbury  Beach  Plank  Road  Company,  charter  amended 
Salmon  in  Connecticut  aud  Merrimack  Rivers,  not  to  be  taken  for  a 

period  of  six  years,  ..... 

Salmon,  land-locked,  protected,        .... 

Sanitary  improvements  at  State  Almshouse  at  Tewksbury, 

Savings  Banks,  rate  of  interest  received  on  loans,  to  be  stated  in  an 

nual  report,        .... 

"  "        deposits  in,  amount  limited. 

Savings  Bank,  Bass  River,  in  South  Yarmouth,  incorporated, 

"  "        Blackstone,  incorporated,  . 

"  "        Emigrant,  in  Boston,  may  increase  estate, 

"  "        Mechanics',  in  Boston,  incorporated, 

"  "        Mebose,  time  extended  for  organizing,   . 

"  "        Needham,  incorporated, 

"  "        Newton,  name  established, 

Sawin  Academy,  in  Sherborn,  may  use  additional  $3,000  for  land  aud 

school  building,    .  .  .  .  .  .  ... 

79 


Page 
61 

63 

429 

93 

180 

45 

87 

91 

344 

67 

180 

180 

346 

162 

315 

180 

344 

70 

111 

156 

134 

126 

115 

87 

120 

96 

217 

72 

176 
112 

99 
119 

489 

70 
449 
114 
318 

65 

91 
163 
101 

50 

176 


xl 


Index. 


Page 
155 


School  attendance  and  truancy,  relating  to,  ...  . 

School  committee  of  a  city  may  appoint  a  superintendent  of  public 
schools  and  fix  his  compensation,  ..... 

School  committees,  to  return  to  Board  of  Education  under  oath,  num- 
ber of  children  between  ages  of  five  and  fifteen,  sum  raised  for  sup- 
port of  schools,  etc.,        .... 

School  committees,  women  may  serve  on,  . 
School  fund,  Massachusetts,  distribution  of, 
School-houses,  laud  may  be  taken  for,  damages  etc., 
School  registers  and  returns,  relating  to,    . 
School  for  Idiotic  and  Feeble-minded  Youth,  allowance  to, 
School,  Industrial,  at  Lawrence,  commitments  to, 
School  of  Natural  History,  Anderson,  trustees  of,  incorporated 
Schools,  Normal,  Worcester,  Bridgewater  and  Westfield,  allowances  to, 
"         Public,  superiuteudents  of,  may  be  appointed  by  school  com- 
mittee in  any  city,  ....... 

Scituate  and  Marshfield,  bridge  over  North  Eiver,  between, 
Scrip  and  interest  authorized  by  187S,  320,  §  5,  payable  in  such  cur- 
rency as  governor  and  council  may  direct,      .... 

Scudder,  Bartlett  &  Co.,  petition  of  referred  to  railroad  commission- 
ers, etc.,      .......... 

Scudder,  Harvey,  and  others  may  build  wharf  in  Barnstable,     . 
Second  assistant  district-attorney  for  Suifolk,  may  be  appointed, 
Second  District  Court  of  Bristol  County,  established, 

«  "  "       of  Eastern  Worcester,  established,  .  321, 430 

"  "  "       of  Southern  Worcester,  terms  of,  salaries  of  jus- 

tices, ......... 

Secretary  of  the  Commonwealth  to  furnish  tax  commissioner  with  re- 
turns made  by  assessors  for  the 
four  years  preceding  1876, 
"  "  •  "  to  issue  licenses  for  sale  of  fertiliz- 

ers, .  .  .  133,429 

"  "  "  to  furnish  town  of  Medfield  with  cer- 

tain laws  and  documents, 
"  "  "  to  furnish  town  of  Medway  with  cer- 

tain statutes  and  reports, 
"  "  "  to  furnish  town   of   Rockland  with 

standard  weights  and  measures, 
"  "  "  to  transmit  to  cities  and  towns  laws 

relating  to  elections, 
Selectmen  of  towns,  may  appoint  Railroad  Police  Officers, 

"  "  to  be  in  session  before  election  days  to  receive  evi- 

dence of  qualification  of  electors,  .  415,  416 

Service  of  writs  and  other  civil  processes,  defective,        .  .  .      119 

Settlement  gained  by  five  years'  residence  and  paying  taxes  for  three 

years,  .........       187 

Sewers  and  drains  in  city  of  Worcester,  assessments  for  to  constitute 

lien  upon  estates,  .......      125 

Shad  and  Alewife  fishery  in  Merrimack  River,  regulated,  .  .        99 


187 


211 
443 
329 
326 
211 
473 
346 
452 
485 

177 

205 

345 

491 
112 
108 
200 


70 


232 


470 
472 

476 

492 
392 


Index. 


xli 


Page 
Shanly,  W.  and  F.,  full  settlement  with,  to  be  made  by  governor  and 

council,       .........      344 

Sharon,  town  of,  portion  annexed  to  Walpole,       .  .  .  138,  451 

Shawmut  Boat  Club,  may  construct  and  maintain  a  boat-house,  .      210 

Shell-fisheries,  in  waters  of  Mount  Hope  Bay,  regulated,  .  .      118 

Sidewalks  in  cities,  assessments  upon  abutters,  provisions  of  act  of 

1872  extended  to  towas  accepting,        .  .  .  .  .80 

Simpson,  Joseph,  allowance  to,         .....  .      490 

Sinking  fund  for  Reformatory  Prison  for  women,  and  for  Insane  Hos- 
pital in  north-eastern  part  of  state,  to  be  composed  of  proceeds  of 
sale  of  old  state  prison,   .......      444 

Sinking  funds  of  the  Commonwealth,  provisions  authorizing  treasurer 

to  borrow  money  from,  to  pay  for  erecting  state  prison,  repealed,      157 
Slade,  Willard  E.,  allowed  state  aid,  .....      473 

Slaughter-houses  and  noxious  trades,  provisions  of  1871,  167,  concern- 
ing, not  to  permit  maintenance  of  nuisance,  etc.,      .  .  .       199 
Slaughter-houses  and  noxious  trades,  amendment  to  1871,  167,  §§  1,  2, 

concerning,  ........      216 

Slaughter-houses,  Worcester  may  take  and  hold  land  for,  .  .      154 

SmaU-pox  and  infectious  diseases,  boards  of  health  having  acted,  to 

retain  exclusive  charge  of  cases,  etc.,  .  .  .  .  .86 

Smelts,  not  to  be  sold  or  had  in  possession  between  March  15th  and 

June  1st,     .........       103 

Societies  : 

Agricultural,  annual  returns  to  be  made  in  January,        .  .      116 

Allen  Street  Congregational,  of  North  Cambridge,  name  changed,        79 
American  College  and  Education,  established,        .  .  .53 

Boston  Young  Men's  Christian  Union,  may  increase  estate,  .        12 

Bristol  County  Agricultural,  may  hold  additional  real  estate,     .      128 
Central  Square  Baptist,  of  East  Boston,  proceedings  made  valid,       177 
For  Promotion  of  Collegiate  and  Theological  Education,  and  the 

American  Education,  united,       .  .  .  .  .53 

Episcopal  Church,  in  Dedham,  name  changed,        .  .  .61 

Equitable  Life  Assurance,  of  the  United  States,  may  hold  real 

estate,  ........        11 

Evangelical,  in  Leominster,  name  changed,  .  .  .27 

Father  Mathew  Catholic  Temperance  Benefit  Society,  in  Law- 
rence, incorporated,  ......        74 

Father  Mathew  Total  Abstinence,  in  Lowell,  incorporated,         .        85 
First  Christian  Church  and  Society,  in  Lynn,  may  sell  land  and 

chapel,         ........      210 

First  Congregational,  in  Falmouth,  maintenance  of  parsonage,  .        85 
First  Congregational,  in  Natick,  may  sell  real  estate,       .  .      327 

First  Parish,  in  Berlin,  may  sell  real  estate,  .  .  .       137 

First  Parish,  in  Medford,  ministerial  fund,  .  .  .  ,51 

First  Religious,  of  Blandford,  incorporated,  .  .  .91 

Maple  Street  Congregational,  in  Danvers,  dissolved,         .  .        74 

Maverick  Congregational,  of  Boston,  may  sell  estate,       .  .        21 


xlii 


Index. 


Pag* 

SodExrES — Concluded  : 

Oblate  Fathers,   for  missions   among   the  poor,   may   increase 

estate,            ........  27 

Old  South,  in  Boston,  not  to  sell  meeting-house  until  authorized 

by  S.  J.  C, 181 

Orthodox  Congregational,  in  Leominster,  name  established,       ,  27 

Prince,  incorporated,    .......  65 

Salem  Children's  Friend,  may  hold  additional  estate,        .            .  217 

Third  Universalist,  in  Cambridge,  name  established,        .            .  79 
Union  Street  Methodist  Episcopal  Church,  of  Springfield,  name 

changed,      ........  52 

Wesleyan  Church,  in  Duxbury,  trustees  of,  name  changed,         .  74 

Soldiers'  Employment  Bureau,  allowance  to,          ....  475 

Soldiers  and  Sailors,  disabled,  state  aid  to,  time  extended  for  payment,  316 

Somerset,  shell-fishery  regulated,      ......  118 

Somerville,  city  of,  may  take  land  for  a  public  park,  and  assess  for  bet- 
terments,     ......  75 

"             "         nuisance  in,  to  be  abated,        ....  109 

"              "          may  establish  a  fire  department,        .            .            .  121 

"              "         Alewife  Brook  in,  tide-gates  across,    .            .            .  125 

"              "         highways  iu,  city  council  may  alter,  fete,      .            .  338 

Somerville  Police  Court,  salaries  of  justice  and  clerk,      .            .            .  156 

iSouth  Bay,  excavation  of,  to  improve  navigation,             .            .            .  453 
South  Bay,  street  across,  city  of  Boston  may  lay  out,       .            .             83,  440 

South  Boston  Municipal  Court,  established,           ....  185 

Soutli  Yarmouth,  Bass  Eiver  Savings  Bank  incorporated,            .            .  114 
Southern  Berkshire,  District  Court,  salary  of  clerk,         .            .            .91 
Southern  Middlesex,  First  District  Court,  established,     .            .            37,  138 
"        Worcester,  Second  District  Court,  terms  of,  salaries  of  jus- 
tices,           .........  70 

Southern  Vermont  Railroad,  property  of  Commonwealth  in,  manage- 
ment of,      ........           .  460 

Sow  and  Pigs  Eeef,  off  Cuttahunk  Island,  jurisdiction  ceded  to  U.  S.    .  432 

Special  terms  of  Superior  Court  for  criminal  business,     .            .            .  129 

Springfield,  city  of,  water  supply  for,          .....  135 

"              "         may  issue  additional  water  bonds,     .            .            .  162 
"             "         Union  Street  Methodist  Episcopal  Church  iu,  name 

changed,     .........  52 

Springfield  Police  Court,  judicial  district  enlarged,         .           .           .  115 

"              "           "        salary  of  justice,             ....  116 

State  aid  to  disabled  soldiers  and  sailors,  time  extended  for  pajTnent,  316 
State  almshouse  at  Tewksbury,  sanitary  improvements  at,         .            .  489 
State  Board  of  Health,  to  establish  regulations  for  carrying  on  busi- 
ness of  swine-slaughtci'iug,  etc.,  by  corjioratious,      .            .            .  207 
State  House  to  be  repaired  and  painted,     .....  488 

State  Library,  allowance  for  catalogue,      .....  477 

State  Lunatic  Hospital  in  North-Eastern  part  of  Commonwealth,  addi- 
tional appropriation  of  $250,000,           .....  131 

State  Lunatic  Hospital  at  Worcester,  trustees  may  sell  aqueduct,        .  16^ 


Index. 


xliii 


Pago 

State  Lunatic  Hospital  at  Worcester,  homicidal  insane  at,  custody  'and 

treatment  of,               .            .  346 
"           "                "                   "             appropriation     of    $250,000    for 

erection  of  new  building,            ......  471 

State  Police,  rooms  to  be  assigned  for  use  of,          .            .            .            .  490 

State  Prison,  assistant  watchmen  at,  number  increased,  .  .  .93 

"  "       provisions  authorizing  treasurer  to  borrow  money  trom 

sinking  fnuds  to  pay  for  erecting,  repealed,     .            .  157 
"          "        to  be  erected  with  accommodations  for  seven  hundred 

and  fifty  prisoners,           .....  170 

"          "        loan  authorized  for  construction  of,            .            .            .  443 
"          "        insane  criminals  at,  provisions  to  be  made  for  custody  of,  346 
"          "        workshops,  etc.,  at,  apiiropriations  for,        .            .            .  474 
State  Street  Methodist  Episcopal  Church  of  Siiringtield,  name  estab- 
lished,        .........  52 

State  tax  of  $2,000,000,           .......  233 

Statistics,  industrial,  of  the  Commonwealth  to   be  gathered  under 
direction  of  the  Bureau  of  Statistics  of  Labor,  and  abstracts  made 

for  use  of  Legislature,     .......  439 

Steamboat  Company,  Nantucket  and  Cape  Cod,  may  increase  capital,  45 
"                "           Old  Colony,  incorporated,    .            .            .            .98 

Steam  Power  Company,  Kellogg,  of  Pittsiield,  incorporated,      .            .  27 

Stickney,  Charles  T.,  administrator,  deed  confirmed,  etc.,            .            .  478 
Stock,  certificates  of,  penalty  for  forgery  of,           .            .            .            .68 

Stone,  Harriet  E.,  allowed  State  aid,            .....  479 

Stony  Brook,  may  be  improved  by  city  of  Boston  for  drainage,            .  126 

Stoughton,  town  of,  allowance  to,     .            .            .            .            .            .  483 

Street  across  South  Bay,  city  of  Boston  may  lay  out,       .            .             83,  440 
Street  railway  corporations,  formation  of,  powers  and  duties,    .            .  30 
Street  Railway,  Fitchburg,  time  extended  for  locating  and  constructing,  163 
"             "          Keuoza,  of  Haverhill,  granted  further  time  for  com- 
plying with  requirements  of  charter,          .            .  142 
"             "          Metropolitan,  may  issue  bonds,    .            .            .            .49 

"  '•  Middlesex,  made  subject  to  provisions  of  law,  con- 

structed tracks  deemed  as  located,  .  .  .80 

"  "  Salem,  new   corporation  may  be  formed  to  receive 

assignment  of  lease  and  operate  road,              ....  176 

Structures  in  tide-waters,      .......  328 

Suffolk  County,  number  of  masters  in  chancery  increased,        .            .  3 
Suffolk  County,  trial  justices  of  juvenile  offenders,  jurisdiction  of 
offences  committed  by  minors  under  seventeen  years,  and  in  mat- 
ters relating  to  insane  persons,              .....  174 

Suffolk  County,  recording  probate  proceedings  in,  expense  to  be  de- 
termined by  probate  court,        ......  342 

Suffolk  district,  second  assistant  district-attorney,  appointment,          .  108 
Superintendents  of  public  schools  in  cities,   school  committee  may 

apiioint  and  fix  compensation,  ......  187 

Superior  Court,  siiecial  terms  may  be  held  upon  application  of  attor- 
ney-general,          .           .           .           .           ,            .           .           .  189 


xliv 


Inbex. 


Superior  Court,  rules  of  practice  in  amended,  .... 
"  "       in  Dukes  County,  terms  of,  .  .        •    . 

Supreme  Judicial  Court,  may  compel  compliance  with  orders  of  Rail- 
road Commissioners  under  1874,  387,     ..... 

Supreme  Judicial  Court,  opinions  of,  custody  and  examination  before 
publication,  ........ 

Supreme  Judicial  Court,  to  have  full  equity  jurisdiction  on  informa- 
tion filed  by  attorney-general  of  violations  of  law  relating  to  rail- 
road crossings  and  routes  through  towns,       .... 

Supreme  Judicial  Court,  rules  of  practice  in,  amended, 

Supreme  Judicial  Court,  jurisdiction  in  equity  not  affected  by  provi- 
sions of  1871,  173,  ....... 

Supreme  Judicial  Court,  to  have  jurisdiction  in  equity  to  compel  com- 
pliance with  orders  relative  to  alteration  of  railroad  crossings. 

Supreme  Judicial  Court,  duties  relative  to  probate  appeals,  matters  in 
equity,  etc.,  in  the  four  western  counties, 

Swansea,  shell-fishery  regulated, 

Sweetser,  Benjamin  F.,  allowed  State  aid,  . 

Swine-slaughtering  associations,  may  be  formed, 

Switches  on  railroads,  concerning,    . 


Page 

163 

36 

441 

45 


86 
163 

199 

213 

324 
118 
472 
205 
385 


T. 

Talbot,  Thomas,  Lieut.  Governor,  allowance  to,     . 

Tarbox,  Mary  L.,  allowed  state  aid,  .... 

Taunton  Great  River,  bridge  over,  may  be  built  by  Old  Colony  and 

Newport  Railroad  Co.,  time  extended, .... 
Taunton  Lunatic  Hospital,  appropriation  for  enlargement  of,  . 
Taunton  Municipal  Court,  salaries  of  justice  and  clerk,  . 

"  "  "       abolished,  .... 

Tax  Commissioner,  to  prepare  abstract  and  make  report  to  legislature 

concerning  tax  upon  corporations,  etc., 

Tax,  State,  of  $2,000,000, 

Taxation,  certain  property  exempt  from,  assessors  to  make  return  to 

tax  commissioner,  ...... 

Taxation  and  exemptions  therefrom,  commission  to  be  appointed  to 

revise  laws  concerning,   ...... 

Taxes,  assessment  of,  upon  polls  and  estate. 

Taxes  may  be  collected  by  cities  and  towns  to  pay  for  railroad  stock. 

Taxes,  collection  of,  assessors  may  issue  special  warrant  for,  when 

credit  of  person  is  doubtful,  ..... 
Taxes  in  cities,  treasurers  as  collectors  may  appoint  deputies  and  issue 

warrants  for  collection,   ...... 

Taxes,  Comity,  granted,  ...... 

"      State  and  County,  more  equal  apportionment  upon  cities  and 

towns  to  be  secured,        ...... 

Temperance  Benefit  Society,  Father  Matthew  Catholic,  in  Lawrence 

incorporated,         ....... 

Temple  of  Honor  and  Temperance,  Grand,  incorporated, 


485 
474 

139 
472 
156 
204 

232 
233 

153 

485 
415 
168 

157 

30 
479 

232 

74 
77 


LSTDEX.  xlv 

Page 

Testimony,  depositions  to  perpetuate,         .....      209 

Tewksbury,  part  of,  annexed  to  Lowell,      .....      215 

"  land  of  Commonwealth  in,  Lowell  and  Andover  Kailroad 

may  cross,  ........        53 

Tewksbury  State  Almshouse,  sanitary  improvements  at,  .  .      489 

Theological  and  Collegiate  Education  and  American  Education  So- 
cieties united,        ........        53 

Third  District  Court  of  Bristol  County,  established,        .  .  .      200 

Third  Universalist  Society  in  Cambridge,  name  established,       .  .        79 

Thomas,  Henry  F.,  may  extend  wharf  in  Fall  Eiver,        .  .  .     •   73 

Tide-waters,  structures  in,     .  .  .  .  .  .  .      328 

Title  to  property,  forgery  of  evidence  of,  penalty,  .  .  .68 

Titles  to  land,  town  records  relating  to,  to  be  preserved,  .  .       107 

Total  Abstinence  Society,  Father  Mathew,  in  Lowell,  incorporated,      .        85 
Town  officers  in  New  Salem,  election  confirmed,   ....       199 

Town  ways  crossing  railroads,  alterations  of,         .  .  .  .      213 

"  "      laying  out  of,      .  .  .  .  .  .  .188 

Town  of  Abington,  part  incorporated  as  Rockland,  .  .  .45 

"  may  hold  meeting  for  election  of  town  officers,      .       101 

Agawam,  may  inclose  and  use  old  parade  ground  as  a  public 

park,       ........      316 

Beverly,  may  issue  bonds  for  funding  debt,        .  .  .      110 

Brookline,  part  annexed  to  Boston,.         ....      143 

Chelmsford,  part  annexed  to  Lowell,       ....      161 

Danvers,  water  supply  for,  .....      122 

Dracut,  portion  of,  annexed  to  Lowell,    ....      158 

Groton,  action  at  town  meeting  legalized,  .  .  .       Ill 

Lenox,  water  supply  for,    ......       135 

Lexington,  may  raise  money  for  a  centennial  celebration,      71,  216 
Marlborough,  water  supply  for,    .....       171 

Natick,  public  carriage-way  and  crossing  established  in,         .      208 
New  Marlborough,  allowance  to,  for  support  of  state  pauper,      482 
New  Salem,  election  of  town  officers,  confii-med,  .  .       199 

North  Bridgewater,  may  change  its  name,  .  .  .82 

Rockland,  incorporated,     ......        45 

Sharon,  part  of,  annexed  to  Walpole,      .  .  .  138,  451 

Stoughton,  allowance  to,    .  .  .  .  .  .      483 

Tewksbury,  part  of,  annexed  to  city  of  Lowell,  .  .      215 

Winthrop,  may  be  annexed  to  city  of  Boston,   .  .  .      309 

Town  records  relating  to  title  to  land,  to  be  preserved,    .  .  .      107 

Towns  may  maintain  public  baths  and  wash-houses,        .  .  .      139 

may  raise  money  to  celebrate  certain  anniversaries,         .  .        82 

may  take  leases  of  ponds,  either  alone  or  jointly  with  another, 

for  cultivation  of  useful  fish,     .  .  .  .  .95 

may  regulate  transportation  of  ofi'al  of  slaughtered  animals,     .      152 
may  hold  stock  in  railroads  and  raise  mouey  by  tax  or  loan,  to 

pay  for  same,        ......  167,  359 

maintenance  of  ferries  between,  apportionment  of  expense,  etc.,      178 
to  pay  fees  and  expenses  of  fire  inquests,    .  .  .  .      180 


xlvi 


Index. 


Pago 
Towns,  sidewalks  in,  provisions  Act  1872  extended  to  towns  accepting, 

assessments  upon  abutters,        .  .  .  .  .80 

"      may  lay  out  public  foot-ways,  .....      209 

Trades,  noxious  aud  offensive,  amendment  to  1867,  167,  §$1,  2,  con- 
cerning,     .  .  .  .  .  .  .  .  .      216 

Trades,  noxious  and  offensive,  provisions  of  1867,  167,  concerning,  not 

to  affect  jurisdiction  of  S.  J.  C.  in  equity,        ....      199 

Transportation  of  offal  of  slaughtered  animals,  may  be  regulated  by 

cities  and  towns,  ........       152 

Treasurer  of  Dukes  County,  salary  established,    .  .  .  .87 

Treasurer  and  Receiver-General,  not  to   borrow  money  from  sinking 

funds  to  pay  for  erecting  state  prison,  .....      157 

Treasurer  and  Receiver-General,  may  issue  scrip  upon  order  of  gov- 
ernor and  council,  not  exceeding  $1,000,000,    ....      444 

Treasurer  aud  Receiver-General  to  furnish,  town  of  Rockland  with 

standard  weights  and  measures,  .....      476 

Treasurer  and  Receiver-General,  may  borrow  money  in  anticipation  of 

the  revenue,  ........      486 

Treasurers,  County,  to  notify  certain  public  officers  to  make  the  re- 
turns required  by  law,     ....      450 

"  "        to  make  return  under  oath,  to  auditor,  of  amount 

of  fees  etc.  received  in  criminal  matters,         .  ,  .  .      450 

Treasurers  of  cities  as  tax  collectors,  may  appoint  deputies ;  may  issue 

warrants  for  collection  of  taxes,  .  .  .  .  .30 

Treasury  of  the  Commonwealth,  moneys  payable  unto  by  public  offi- 
cers, to  be  paid  over  monthly,    ......      342 

Treasury  of  the  Commonwealth,  no  greater  sum  to  be  drawn  from, 

than  to  meet  expenditures  already  incurred,  ....      342 

Trial  justices  to  give  bonds,  ......       450 

Trial  justices  of  juvenile  offenders  in  Suffolk,  jurisdiction  of  offences 
committed  by  minors  under  seventeen  years  of  age,  and  in  matters 
relating  to  insane  persons,  .  .  .  .  .  .      174 

Trout,  laud-locked  salmon  and  lake  trout  protected,        .  .  .      119 

Troy  and  Greenfield  Railroad,  completion  of,  provided  for,  .  .      459 

"       "  "  "         management  of,       .  .  .  .      460 

Truancy  and  school  attendance,  relating  to,  ...  .      155 

Trust  Company,  Boston  Safe  Deposit  and,  charter  amended  and  name 

changed  from  Boston  Safe  Deposit  Company,  .  .  .      406 

Trust  funds,  may  be  held  by  cemetery  corporations  for  care  of  lots,      .       121 
Trustees  may  resign  trusts ;  may  be  exempt  from  giving  sureties  on 

bond  when  all  iuterested  so  request,     .....      337 

Trustees,  unauthorized  acts  of,  to  relieve  parties  affected  by,     .  .      327 

Trustees,  Joint,  may  give  joint  or  separate  bonds,  .  .  .      345 

Trustees  of  Amherst  College,  to  be  chosen  by  the  graduates,      .  .      131 

"     Anderson  School  of  Natural  History,  incorporated,  .  .      452 

"     Donations  for  Education  in  Turkey,  incorporated,  .  .        76 

"     Hovise  of  the  Angel  Guardian  may  hold  additional  estate,       101 
"     Methodist  Episcopal  Church,  to  be  deemed  bodies  corpo- 
rate for  holding  in  succession  grants,  donations  etc.,     .       114 


Index.  xlvii 

Page 
Trustees  of  New  Euglaud   Conference    of   the    Methodist    Episcopal 

Church,  may  convey  real  and  personal  estate,     .  .      177 

"     Nichols  Academy  may  mortgage  real  estate, .  .  .96 

■"  ''     State  Lunatic  Hospital  at  Worcester,  may  sell  aqueduct,  .       169 

"     Wesleyan  Church  in  Duxbnry,  name  changed,  .  .        74 

Tujmel,  Hoosac,  construction  of  archways  in  Eastern  and  Central  divi- 
sions of,  ......      344 

"  "  management  of,      .  .  .  .  .  .      460 

"  "  appropriation  for  expenses  of  engineering,  etc.,  .      471 

Turkey,  education  in,  trustees  of  donations  for,  incQrporated,    .  76 

Turner's  Falls  Company,  may  sell  real  estate  and  confirm  deeds  etc.,  128 
Tuttle,  Sarah  M.,  allowed  state  aid,  .  .  .  .  .478 

u. 

Union,  French  and  National,  of  Lawrence,  incorporated,  .  .  84 
Union  Furniture  Company,  name  changed  from  Cardany  and  Miller 

Furniture  Company,        .......  142 

Union  Street  Methodist  Episcopal  Church  of  Springfield,  name  changed,  52 

United  States,  jurisdiction  over  sites  of  certain  light-houses,  ceded  to,  92 

"            "                "     *      of  lands  for  light-houses,  etc.,  ceded  to,       .  431 

Universalist  Society  in  Cambridge,  Third,  name  established,  .  .  79 
University,  Boston,  to  enjoy  all  powers  and  franchises  belonging  to  the 

New  England  Medical  College,              .....  189 

V. 

Ventilation  of  Representatives'  Chamber,  allowance  for,            .            .  484 
Vermont  and  Massachusetts  Railroad,  re-location  of  portions  of,  au- 
thorized, with  approval  of  railroad  commissioners,  .            .            .  457 
Vermont  and  Massachusetts  Railroad,  allowance  to,        .            .            .  484 
Vessels,  desertion  of  crews  of,  penalty  for  aiding  or  enticing,     .            .  67 
Voters,  alphabetical  lists  of,  use  of  protected,        ....  *327 

"      qualifications  of,          ......             .  414 

"      lists  of,  to  be  posted  up  ten  days  before  election,              .            .  415 
"      when  right  to  vote  is  challenged,  duties  of  officers,         .           423,  425 
Voters  of  Boston,  board  of  Registrars  established,  preparation   and 

revision  of  voting  lists,  ....                        .            .  56 

Voting,  illegal,  penalty  for,    .......  340 

w. 

Wachusett  Mountain   Company,  iucoiporated ;  may  hold  lands  and 

build  hotels  in  Princeton,  ......       341 

Walpole,  town  of,  part  of  Sharon  annexed  to,        .  .  .  138,  451 

Ward,  adult,  real  estate  of  not  to  be  sold  without  notice  to  overseers  of 

poor,  .........      130 

Warren  Bridge,  to  be  maintained  by  city  of  Boston,        .  .  .       175 

Warren  Cotton  Mills,  amoimt  of  capital  limited,  .  .  .  .44 

80 


xlviii 


Index. 


Page 

Warren,  Joseph,  Monument  Association,  incorporated,    .            .            .  166 

Wash-houses,  public,  may  be  maintained  by  cities  and  towns,  .            .  139 

Watchmen,  assistant,  at  State  Prison,  number  increased,            .            .  93 

Water  Board,  Boston,  may  be  established  by  the  city  council,   .            .  114 

"            "      Cochitnate,  abolished,            .....  115 

"            "      Mystic,  abolished,       ......  115 

Water  Company,  Fall  Hill,  incorporated,  corporations  in  Orange  may 

hold  stock  of,              .....  93 

"  "         Flax  Pond,  incorporated,  to  supply  Lynn  and  other 

places  with  pure  water,  .......  196 

Water  Supply,  distribution  of  damages,  etc.,         ....  441 

Water  Supply  for  city  of  Fall  River,            .....  162 

"            "        "        "       Lynn, 196 

"            "        "        "       Newton, 87 

"  "        "        "       Springfield,  ....  135,  162 

"            "        "    town  of  Dan  vers,             .....  122 

"            "        "        "         Lenox, 135 

"  "        "        "         Marlborough,     .  .  .        '    .  .171 

"            "        "        "         Orange,  ......  93 

"            "        "        "         Pittsfield, 108 

"  "        "        "         Winchester,     shall     not    be    taken     from 

Wobum,      .  .  .   '        .  .21 

"            "        "    village  of  Attleborough,             ....  78 

Waterman,  Catherine,  Administratrix,  allowance  to,       .            .            .  481 

Ways,  laying  out,  discontinuance  of,  distribution  of  damages  etc.,        .  441 

"       Ijrivate,  obstructions  to,  by  railroads,  applications  for  damages 

to  be  made  within  three  years,             ....  343 

"       public,  and  bridges,  laying  out  and  repairing,      .  .  188,  191 

Wesleyan  Church  in  Duxbury,  trustees  of,  name  changed,          .            .  74 

Westfield  Normal  School,  allowance  to,      .            .            .            .            .  485 

Weston,  town  of,  location  of  Boston  and  Albany  Railroad,         .            .  65 

Wegtport,  wharf  in,  John  Beattie,  Jr.  may  build,  ....  196 

West  Roxbury  Municipal  Court  established,          ....  184 

West  Springfield,  within  jurisdiction  of  Springfield  Police  Court,        .  115 

Wharf,  Harbor  Commissioners  may  license  persons  to  build  or  extend,  328 

"       when  built  below  low-water  mark,  state  to  be  compensated,  193 

Wharf  in  Barnstable,  N.  H.  Bearse  and  others  may  build,           .            .  11 

"              "            J.  R.  Niekerson  and  others  may  build,      .            .  12 

"              "            Harvey  Scudder  and  others  may  build,     .            .  112 

"      Fall  River,  H.  F.  Thomas  and  Joseph  Bradford  may  extend,  73 

"      Falmouth,   Menanhant    Land   and  Wharf   Company  may 

build, 96 

"      Westport,  John  Beattie  Jr.  may  build  ....  196 

Wharf  Company,  Boston,  may  increase  capital  stock,      .            .            .  154 

"             "          Duxbury,  may  increase  capital ;  name  changed,        .  443 

"             "          Menanhant,  may  build  wharf  in  Falmouth,     .            .  96 

Wheeler,  James,  trustee  for  Mutual  Sewing  Society,  and  the  First 

Christian  Church  and  Society  in  Lynn,  may  sell  land  and  chapel,  210 

Wheels,  width  of  rims  of,  report  to  be  made  to  legislature  concerning,  482 


.  Index. 


xlix 


Page 

Whip  Comiiany,  American,  organization  confirmed,        .            .            .  174 

Wliite's  Ferry  Bridge  Corporation,  incorporated,  ....  205 

Wife,  husband  and,  rights  of,            ....            .           117,  132 

Wilbraham,  to'mi  of,  taken  from  district  of  Court  of  Eastern  Hamp- 
den, and  added  to  Police  Court  of  Springfield,            .            .            .  115 
Williamsburg,  roads  and  bridges  destroyed  by  the  flood  in  Mill  Elver, 

to  be  rebuilt  by  the  County  of  Hampshire,     ....  313 

Williamsburg,  high^vays  in,  may  be  re-located  and  discontinued  by 

county  commissioners  of  Hampshire,    .....  431 

Winchester,  town  of,  title  confirmed  to  land  sold  by,        .            .            .  478 

"                "          shall  not  take  water  supply  from  Wobnm,           .  21 

Winthrop,  town  of,  may  be  annexed  to  city  of  Boston,    .            .            .  309 
Witnesses  may  be  summoned  to  testify  in  criminal  cases  in  state  of 

Maine,        .........  101 

Woburu,  town  of,  may  issue  additional  water  scrip,         .  .  .49 

"            "          Winchester  shall  not  take  water  supply  from,            .  21 
Woman"  gains  settlement  by  five  years'  residence  and   not  receiving 

relief  as  a  pauper,            .......  188 

Women,  not  to  be  employed  more  than  ten  hours  a  day  in  manufactur- 
ing estabUshments,       ......  145 

"       may  serve  on  school  committees,  .....  443 

"       Aged,  Lynn  Home  for,  incorporated,        .  .  .  .11 

"       Reformatory  Prison  for,  established,         ....  432 

"       Reformatory  Prison  for,  loan  authorized  for  construction  of,  .  443 
Woodcock,  time  for  taking,  G.  S.  amended,            .            .            .            .67 

Woodlands,  burning,  back  fires  may  be  set  for  extinguishment  of,        .  153 
Worcester,  city  of,  allowance  to,  for  sewer  assessment  on  Lunatic 

Hospital,   ......  475 

"                "            may  take  land  for  slaughter-houses  etc.,    .            .  154 
"                "            reservoirs,  ponds  and  streams  held  by,  fishing  in 

prohibited,  .  .  .  .  .71 

"               "           sewers  and  drains  in,  assessments  for  to  con- 
stitute lien  upon  estates,             ......  125 

Worcester  Central  District  Court,  assistant  clerk,  salary,            .            .  104 
"         Eastern,  Second  District  Coiirt,  established,  .            .           321,  430 
"         Southern,  Second  District  Court,  terms,  salaries,       .            .  70 
Worcester  Lunatic  Hospital,  homicidal  insane  at,  custody  and  treat- 
ment of,             ....  346 

"                  "                "        trustees  may  sell  aqueduct,            .            .  169 
"                 "                "        appropriation  for  erection  of  building,   .  471 
Worcester  and  Nashua  Railroad  Company,  may  guarantee  and  pur- 
chase bonds  and  stock  of  Nashua  and  Rochester  Railroad,  .            .  4,  83 
Worcester  and  Nashua  Railroad  Company,  may  unite  with  the  Boston, 

Barre  and  Gardner  Railroad  Corporation,       ....  217 

Worcester  Normal  School,  allowance  to,      .            .            .            .            .  485 

Worcester  Old  Men's  Home,  incorporated,  .....  85 

Wright,  Ansel,  coroner  of  Hampshire  County,  allowance  for  extra  ex- 
penses,       .            .            .            .            .            .            .            .            .  319 


1  Index. 

Page 

Writs  and  other  civil  processes,  defective  service  of,         .  .  .119 

Writ  of  dower,  execution  to  issue  for  possession  and  damages,  when 

judgment  is  recovered,    .......      325 

y. 

Young  Men's  Christian  Union,  Boston,  may  increase  estate,       .  .         12 

z. 

Zoology,  Comparative,  Museum  of,  allowance  t.o, .  .  .  .      479