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

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 a